Bill Text: TX HB5255 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the collection and publication of affordable housing information by certain municipalities and the Texas Department of Housing and Community Affairs.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2023-05-10 - Referred to Local Government [HB5255 Detail]
Download: Texas-2023-HB5255-Engrossed.html
88R21239 AMF-D | ||
By: Lopez of Bexar, et al. | H.B. No. 5255 |
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relating to the collection and publication of affordable housing | ||
information by certain municipalities and the Texas Department of | ||
Housing and Community Affairs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 | ||
in the municipality, including by promoting the database described | ||
by Section 373C.052. | ||
SECTION 2. 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 | ||
in the municipality, including by promoting the database described | ||
by Section 373C.052. | ||
SECTION 3. Subtitle A, Title 12, Local Government Code, is | ||
amended by adding Chapter 373C to read as follows: | ||
CHAPTER 373C. COLLECTION AND PUBLICATION OF INFORMATION ON | ||
AFFORDABLE HOUSING AVAILABILITY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 373C.001. DEFINITIONS. In this chapter: | ||
(1) "Affordable housing unit" means: | ||
(A) an income-restricted or income-based housing | ||
unit, including: | ||
(i) a housing unit that may be 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); | ||
(ii) a public housing unit; | ||
(iii) a permanent supportive housing unit | ||
provided through a program operated by the Health and Human | ||
Services Commission; | ||
(iv) a unit that is part of a | ||
service-enriched housing project described by Subchapter NN, | ||
Chapter 2306, Government Code; and | ||
(v) a unit provided through an affordable | ||
housing initiative operated by a municipality; and | ||
(B) a rental housing unit not described by | ||
Paragraph (A) for which rent is not more than 30 percent of the | ||
lowest household income quartile in a municipality. | ||
(2) "Department" means the Texas Department of Housing | ||
and Community Affairs. | ||
Sec. 373C.002. APPLICABILITY. (a) This chapter applies to | ||
a municipality qualified to receive federal grants under the | ||
community development block grant entitlement program authorized | ||
under Title 1 of the Housing and Community Development Act of 1974 | ||
(42 U.S.C. Section 5301 et seq.). | ||
(b) A municipality not described by Subsection (a) may | ||
participate in the collection and publication of affordable housing | ||
information described by Subchapter B. A municipality that elects | ||
to participate is subject to the requirements of this chapter. | ||
SUBCHAPTER B. COLLECTION AND PUBLICATION OF INFORMATION | ||
Sec. 373C.051. ANNUAL MUNICIPAL SURVEY. (a) A | ||
municipality shall conduct an annual survey of all affordable | ||
housing units located in the municipality. The survey must collect | ||
the following information for each unit, as applicable: | ||
(1) the unit type; | ||
(2) the monthly rent; | ||
(3) the estimated monthly cost of basic utilities not | ||
included in the rent amount; | ||
(4) any eligibility requirement, including any | ||
average median income restriction; | ||
(5) the length of any waiting list; | ||
(6) each social service provided to a tenant, | ||
including a supportive service; | ||
(7) the distance to nearby essential services, | ||
including: | ||
(A) public transit stops; | ||
(B) public elementary and secondary schools; | ||
(C) community health centers; | ||
(D) emergency medical facilities; | ||
(E) public safety facilities, including fire | ||
departments or police stations; | ||
(F) community centers; and | ||
(G) food retailers providing grocery items and | ||
fresh produce; | ||
(8) the distance to public community spaces, including | ||
parks, sports facilities, and playgrounds; and | ||
(9) a telephone number, mailing address, and e-mail | ||
address for a prospective tenant to inquire about renting the unit. | ||
(b) A municipality may collect and use the information | ||
required to be collected by Subsection (a) from any available | ||
source, including information collected for a survey conducted by | ||
the municipality in a previous year, provided that the municipality | ||
verifies the information is current and accurate. | ||
(c) A municipality shall provide the information collected | ||
under this section to any state agency that requests the | ||
information. | ||
Sec. 373C.052. DATABASE OF AFFORDABLE HOUSING INFORMATION. | ||
(a) A municipality shall publish the information collected under | ||
Section 373C.051 in a searchable database on a publicly accessible | ||
Internet website and mobile application. The municipality must | ||
ensure that the database enables a person to: | ||
(1) search for an affordable housing unit using the | ||
characteristics described by Section 373C.051(a); | ||
(2) update the database in real time if the person is | ||
authorized by the municipality to do so; and | ||
(3) view the complete survey information collected | ||
under that section. | ||
(b) A municipality shall update the municipality's database | ||
described by Subsection (a) at least annually. | ||
Sec. 373C.053. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY | ||
AFFAIRS POWERS AND DUTIES. (a) The department shall adopt rules | ||
necessary to implement and administer this subchapter, including | ||
rules on the collection, compilation, analysis, and publication of | ||
information on the availability and accessibility of affordable | ||
housing in this state. | ||
(b) The department shall publish reports on the | ||
availability and accessibility of affordable housing in this state | ||
using information collected by municipalities under this | ||
subchapter and other information available to the department. | ||
(c) The department may cooperate with any governmental or | ||
private entity to carry out the department's duties under this | ||
subchapter. | ||
(d) The department may use gifts, grants, donations, or | ||
money appropriated to the department to carry out the department's | ||
duties under this subchapter. | ||
SECTION 4. This Act takes effect September 1, 2023. |