bill requiring cities to survey affordable housing every year

The text as introduced · 938 words

89R3890 CS-F

By: Lopez of Bexar
H.B. No. 385

A BILL TO BE ENTITLED

AN ACT

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 1.3 million 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 subsection.

(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, 2025.