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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and publication of data on affordable |
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housing by municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 12, Local Government Code, is |
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amended by adding Chapter 381, to read as follows: |
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CHAPTER 381. COLLECTION AND PUBLICATION OF DATA ON AFFORDABLE |
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HOUSING AVAILABILITY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 381.001. PURPOSE. The purpose of this chapter is to: |
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(1) empower residents in need of affordable housing |
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with a greater awareness of available affordable housing options; |
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and |
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(2) provide more standardized, transparent, and |
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easily accessible affordable housing data to municipal |
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governments, residents, and private entities; and |
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(3) promote economic development and equitable access |
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to affordable housing availability. |
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Sec. 381.002. DEFINITIONS. In this chapter: |
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(1) "affordable housing unit" means: |
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(A) an income-restricted housing unit, such as: |
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(i) income-restricted housing, including |
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housing offered by the United States Department of Housing and |
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Urban Development; |
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(ii) public housing; |
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(iii) housing obtained with a voucher |
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provided through the housing choice voucher program under Section |
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8, United States Housing Act of 1937 (42 U.S.C. Section 1437f); |
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(iv) permanent supportive housing provided |
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by the Health and Human Services Commission; |
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(v) service-enriched housing provided by |
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the Texas Department of Housing and Community Affairs; |
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(vi) housing provided by an affordable |
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housing initiative operated by a municipality; and |
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(vii) rental units not described by |
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Subdivisions (i)-(vi) for which rent is not more than 30 percent of |
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the lowest household income quartile in a municipality. |
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(2) "public information" has the meaning assigned by |
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Section 552.002, Government Code. |
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Sec. 381.003. APPLICABILITY. This chapter applies only to |
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municipalities with a total population of 100,000 or more. |
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SUBCHAPTER B. COLLECTION AND PUBLICATION OF DATA |
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Sec. 381.051. REQUIREMENT OF ANNUAL SURVEY. (a) The |
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municipality shall conduct no less frequently than once per |
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calendar year a survey of all affordable housing units within its |
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jurisdiction and shall create a complete list of affordable housing |
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units and maintain that data within a cloud-based data repository |
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that allows for real-time updates of the housing data by approved |
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users. |
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(b) For each unit in the list of affordable housing units |
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described in Subsection (a), the municipality will also record the |
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following characteristics, as applicable: |
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(1) the monthly rent amount organized by unit type and |
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corresponding average median income (AMI) restriction; |
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(2) cost of basic utilities not included in the |
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monthly rent amount; |
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(3) eligibility requirements for tenants, including |
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but not limited to those laid out in Section 2306.004(15)-(17), |
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Government Code; |
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(4) the length of any waiting list; |
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(5) distance to essential services; |
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(6) distance to community spaces, such as public parks |
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or community centers; |
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(7) any social services provided for tenants, |
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including but not limited to those included in the Permanent |
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Supportive Housing Program as defined in 42 U.S.C. Section |
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11381-11389 and Texas multifamily programs governed by the Uniform |
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Multifamily Rules and applicable provisions of the Qualified |
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Allocation Plan administered by the Texas Department of Housing and |
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Community affairs under section 10.619 of the Texas Administrative |
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Code; and |
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(8) a phone number, mailing address, and electronic |
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mail address for the current property manager to inquire about |
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renting the unit. |
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(c) The municipality may use information collected in |
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previous surveys conducted in accordance with Subsection (a) or |
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other information the municipality may have on record, provided |
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that the municipality confirms such information is up to date. |
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(d) Any state agency may contact a municipality for the |
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purpose of requesting any of the information outlined in this |
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Section regarding affordable housing units within the |
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municipality's jurisdiction and the municipality shall provide all |
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pertinent public information in the municipality's records to the |
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state agency. |
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Sec. 381.052. PUBLICATION OF DATA. (a) The municipality |
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shall create a publicly available Internet web application and |
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publically available mobile application or utilize an existing |
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publicly accessible Internet web application and publically |
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available mobile application to make available all public |
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information collected in the survey outlined in Section 381.051 |
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such that: |
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(1) prospective tenants can search for individual |
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affordable housing units and sort them according to the |
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characteristics outlined in Section 381.051(b); and |
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(2) the complete survey data set as referenced in Sec. |
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381.051(a) are available to review. |
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(b) The municipality shall update the Internet web |
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application and database described in Subsection (a) as frequently |
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as new public information outlined in Section 381.051 becomes |
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available to the municipality. |
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SECTION 2. Section 371.001(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of a municipality with a population |
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of 900,000 or less may appropriate from its general fund an amount |
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not to exceed one percent of the general fund budget for that year |
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for the purpose of: |
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(1) advertising the municipality and promoting its |
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growth and development[.]; and |
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(2) promoting awareness of affordable housing options |
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within the municipality, including by promoting the Internet |
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website outlined in Section 381.052, Local Government Code. |
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SECTION 3. Section 371.021(a), Local Government Code, is |
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amended to read as follows: |
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(a) The governing body of a general-law municipality may |
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appropriate from its general fund an amount not to exceed five cents |
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per $100 assessed valuation for the purpose of: |
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(1) advertising the municipality and promoting its |
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growth and development[.]; and |
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(2) promoting awareness of affordable housing options |
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within the municipality, including by promoting the Internet web |
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application and mobile application outlined in Section 381.052, |
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Local Government Code. |
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SECTION 4. This Act takes effect September 1, 2023 |