By: Lopez of Bexar H.B. No. 5255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the collection and publication of data on affordable
  housing by municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 12, Local Government Code, is
  amended by adding Chapter 381, to read as follows:
  CHAPTER 381. COLLECTION AND PUBLICATION OF DATA ON AFFORDABLE
  HOUSING AVAILABILITY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 381.001.  PURPOSE. The purpose of this chapter is to:
               (1)  empower residents in need of affordable housing
  with a greater awareness of available affordable housing options;
  and
               (2)  provide more standardized, transparent, and
  easily accessible affordable housing data to municipal
  governments, residents, and private entities; and
               (3)  promote economic development and equitable access
  to affordable housing availability.
         Sec. 381.002.  DEFINITIONS. In this chapter:
               (1)  "affordable housing unit" means:
                     (A)  an income-restricted housing unit, such as:
                           (i)  income-restricted housing, including
  housing offered by the United States Department of Housing and
  Urban Development;
                           (ii)  public housing;
                           (iii)  housing obtained with a voucher
  provided through the housing choice voucher program under Section
  8, United States Housing Act of 1937 (42 U.S.C. Section 1437f);
                           (iv)  permanent supportive housing provided
  by the Health and Human Services Commission;
                           (v)  service-enriched housing provided by
  the Texas Department of Housing and Community Affairs;
                           (vi)  housing provided by an affordable
  housing initiative operated by a municipality; and
                           (vii)  rental units not described by
  Subdivisions (i)-(vi) for which rent is not more than 30 percent of
  the lowest household income quartile in a municipality.
               (2)  "public information" has the meaning assigned by
  Section 552.002, Government Code.
         Sec. 381.003.  APPLICABILITY. This chapter applies only to
  municipalities with a total population of 100,000 or more.
  SUBCHAPTER B. COLLECTION AND PUBLICATION OF DATA
         Sec. 381.051.  REQUIREMENT OF ANNUAL SURVEY. (a) The
  municipality shall conduct no less frequently than once per
  calendar year a survey of all affordable housing units within its
  jurisdiction and shall create a complete list of affordable housing
  units and maintain that data within a cloud-based data repository
  that allows for real-time updates of the housing data by approved
  users.
         (b)  For each unit in the list of affordable housing units
  described in Subsection (a), the municipality will also record the
  following characteristics, as applicable:
               (1)  the monthly rent amount organized by unit type and
  corresponding average median income (AMI) restriction;
               (2)  cost of basic utilities not included in the
  monthly rent amount;
               (3)  eligibility requirements for tenants, including
  but not limited to those laid out in Section 2306.004(15)-(17),
  Government Code;
               (4)  the length of any waiting list;
               (5)  distance to essential services;
               (6)  distance to community spaces, such as public parks
  or community centers;
               (7)  any social services provided for tenants,
  including but not limited to those included in the Permanent
  Supportive Housing Program as defined in 42 U.S.C. Section
  11381-11389 and Texas multifamily programs governed by the Uniform
  Multifamily Rules and applicable provisions of the Qualified
  Allocation Plan administered by the Texas Department of Housing and
  Community affairs under section 10.619 of the Texas Administrative
  Code; and
               (8)  a phone number, mailing address, and electronic
  mail address for the current property manager to inquire about
  renting the unit.
         (c)  The municipality may use information collected in
  previous surveys conducted in accordance with Subsection (a) or
  other information the municipality may have on record, provided
  that the municipality confirms such information is up to date.
         (d)  Any state agency may contact a municipality for the
  purpose of requesting any of the information outlined in this
  Section regarding affordable housing units within the
  municipality's jurisdiction and the municipality shall provide all
  pertinent public information in the municipality's records to the
  state agency.
         Sec. 381.052.  PUBLICATION OF DATA. (a) The municipality
  shall create a publicly available Internet web application and
  publically available mobile application or utilize an existing
  publicly accessible Internet web application and publically
  available mobile application to make available all public
  information collected in the survey outlined in Section 381.051
  such that:
               (1)  prospective tenants can search for individual
  affordable housing units and sort them according to the
  characteristics outlined in Section 381.051(b); and
               (2)  the complete survey data set as referenced in Sec.
  381.051(a) are available to review.
         (b)  The municipality shall update the Internet web
  application and database described in Subsection (a) as frequently
  as new public information outlined in Section 381.051 becomes
  available to the municipality.
         SECTION 2.  Section 371.001(a), Local Government Code, is
  amended to read as follows:
         (a)  The governing body of a municipality with a population
  of 900,000 or less may appropriate from its general fund an amount
  not to exceed one percent of the general fund budget for that year
  for the purpose of:
               (1)  advertising the municipality and promoting its
  growth and development[.]; and
               (2)  promoting awareness of affordable housing options
  within the municipality, including by promoting the Internet
  website outlined in Section 381.052, Local Government Code.
         SECTION 3.  Section 371.021(a), Local Government Code, is
  amended to read as follows:
         (a)  The governing body of a general-law municipality may
  appropriate from its general fund an amount not to exceed five cents
  per $100 assessed valuation for the purpose of:
               (1)  advertising the municipality and promoting its
  growth and development[.]; and
               (2)  promoting awareness of affordable housing options
  within the municipality, including by promoting the Internet web
  application and mobile application outlined in Section 381.052,
  Local Government Code.
         SECTION 4.  This Act takes effect September 1, 2023