HB5166 - Relating to housing; providing property tax exemptions and relief relating to housing; providing a civil penalty; authorizing a fee.

  89R5561 JAM/AMF/SCR/DRS-D     By: Bryant H.B. No. 5166       A BILL TO BE ENTITLED   AN ACT   relating to housing; providing property tax exemptions and relief   relating to housing; providing a civil penalty; authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  PROGRAMS AND FINANCIAL ASSISTANCE FOR AFFORDABLE   HOUSING          SECTION 1.01.  Section 2306.202, Government Code, is amended   to read as follows:          Sec. 2306.202.  USE OF HOUSING TRUST FUND.  (a)  The   department, through the housing finance division, shall use the   housing trust fund to provide loans, grants, or other comparable   forms of assistance to local units of government, public housing   authorities, nonprofit organizations, land trusts, and   income-eligible individuals, families, and households to :                 (1)   finance, acquire, rehabilitate, adapt, preserve,     and develop decent, safe, and sanitary housing , including   cooperative housing, assisted housing, and transitional or   emergency housing;                 (2)     provide down payment assistance and rental   assistance; and                 (3)     provide financial assistance for weatherization,   emergency repairs, or other housing-related services .           (b)   In each biennium the first $2.6 million available   through the housing trust fund for loans, grants, or other   comparable forms of assistance shall be set aside and made   available exclusively for local units of government, public housing   authorities, and nonprofit organizations.  Any additional funds may   also be made available to for-profit organizations provided that at   least 45 percent of available funds, as determined on September 1 of   each state fiscal year, in excess of the first $2.6 million shall be   made available to nonprofit organizations for the purpose of   acquiring, rehabilitating, and developing decent, safe, and   sanitary housing.  The remaining portion shall be distributed to   nonprofit organizations, for-profit organizations, and other   eligible entities.           (c)   Notwithstanding any other section of this chapter, but   subject to the limitations in Section 2306.251(c), the department   may also use the fund to acquire property to endow the fund.           (d)  [ (b) ]  Use of the fund is limited to providing:                (1)  assistance for individuals and families of   extremely  low and very low income;                  (2)  technical assistance and capacity building to   nonprofit organizations engaged in developing housing for   individuals and families of extremely  low and very low income; and                (3)  security for repayment of revenue bonds issued to   finance housing for individuals and families of extremely  low and   very low income.          SECTION 1.02.  Subchapter K, Chapter 2306, Government Code,   is amended by adding Sections 2306.2515 and 2306.2516 to read as   follows:           Sec.   2306.2515.     DOWN PAYMENT ASSISTANCE PROGRAM. (a) In   this section, "first-time homebuyer" means a person who:                 (1)     resides in this state on the date on which an   application is filed; and                 (2)     has not owned a home during the three years   preceding the date on which an application under this section is   filed.           (b)     The department shall establish a program to provide down   payment assistance in the form of a $10,000 grant to first-time   homebuyers.           (c)     To be eligible for down payment assistance provided   under this section, a homebuyer must:                 (1)     qualify as a first-time homebuyer under this   section;                 (2)     have paid rent on time for the two years preceding   the date on which an application under this section is filed;                 (3)  submit an application to the department; and                 (4)     meet any additional requirements or limitations   prescribed by the department.           (d)     The department shall adopt rules necessary to implement   the program established by this section.           Sec.   2306.2516.     TEXAS RENT RELIEF PROGRAM. (a) The   department shall establish and administer the Texas rent relief   program to provide financial assistance to residents of this state   who live in rental housing and who have unpaid rent or utility   bills.           (b)     The department shall adopt rules necessary to implement   the program established by this section, including rules   establishing eligibility requirements for participation in the   program.          SECTION 1.03.  Section 2306.6711(f-1), Government Code, is   amended to read as follows:          (f-1)  The board may allocate housing tax credits to more   than one development in a single community only if the community is   part of a high opportunity area and each development is located in   the area or if :                (1)  the community is located in:                      (A)  a municipality with a population of two   million or more; and                      (B)  an area that is a federally declared disaster   area; and                (2)  the governing body of the municipality containing   the development:                      (A)  has by vote specifically authorized the   allocation of housing tax credits for the development; and                      (B)  is authorized to administer disaster   recovery funds as a subgrant recipient.          SECTION 1.04.  Section 2306.6725(a), Government Code, is   amended to read as follows:          (a)  In allocating low income housing tax credits, the   department shall score each application using a point system based   on criteria adopted by the department that are consistent with the   department's housing goals, including criteria addressing the   ability of the proposed project to:                (1)  provide quality social support services to   residents;                (2)  demonstrate community and neighborhood support as   defined by the qualified allocation plan;                (3)  consistent with sound underwriting practices and   when economically feasible, serve individuals and families of   extremely low income by leveraging private and state and federal   resources, including federal HOPE VI grants received through the   United States Department of Housing and Urban Development;                (4)  serve traditionally underserved areas;                (5)  demonstrate support from local political   subdivisions based on the subdivisions' commitment of development   funding;                (6)  rehabilitate or perform an adaptive reuse of a   certified historic structure, as defined by Section 172.101(b)(1)     [ 171.901(1) ], Tax Code, as part of the development;                (7)  remain affordable to qualified tenants for an   extended, economically feasible period; [ and ]                (8)  comply with the accessibility standards that are   required under Section 504, Rehabilitation Act of 1973 (29 U.S.C.   Section 794), and specified under 24 C.F.R. Part 8, Subpart C ;                 (9)  implement eviction prevention policies;                 (10)     reduce the vulnerability of tenants to hazards   affecting the habitability of the unit;                 (11)     reduce barriers to accessing supportive housing;   and                 (12)     for a project that rehabilitates an existing   development, provide opportunities for tenant participation in the   decision-making process regarding the rehabilitation .          SECTION 1.05.  Subchapter D, Chapter 392, Local Government   Code, is amended by adding Section 392.0556 to read as follows:           Sec.   392.0556.     HOUSING CHOICE VOUCHER PROGRAM ASSISTANCE   POLICIES. (a) In this section, "housing voucher" means a   tenant-based housing choice voucher provided through the housing   choice voucher program established under Section 8, United States   Housing Act of 1937 (42 U.S.C. Section 1437f).           (b)     An authority shall provide to each adult tenant detailed   guidance on how to complete all forms and worksheets that are   necessary to obtain a housing voucher.           (c)     An authority shall establish and maintain an   Internet-based portal that allows:                 (1)     landlords to list available rental properties   where housing vouchers are accepted; and                   (2)     prospective tenants to sort by zip code listings   made under Subdivision (1).           (d)     A listing made under Subsection (c)(1) must include   recent photographs of the unit and information about the unit,   including the square footage of the unit, the number of bedrooms and   bathrooms in the unit, the main amenities in the unit, and whether   the unit has heating or air conditioning.           (e)     An authority may charge a fee to landlords for use of the   portal to list available rental properties where housing vouchers   are accepted.   ARTICLE 2.  CORPORATE OWNERSHIP OF SINGLE-FAMILY HOMES          SECTION 2.01.  Subchapter C, Chapter 86, Education Code, is   amended by adding Sections 86.531 and 86.532 to read as follows:           Sec.   86.531.     ANNUAL STUDY AND REPORT ON SINGLE-FAMILY HOME   PURCHASES, RENTALS, AND SALES BY CERTAIN CORPORATE OWNERS. (a) In   this section, "corporate owner," "rental property," and   "single-family home" have the meanings assigned by Section 5.251,   Property Code.           (b)     Using existing available data and deed records, the   center shall compile information related to corporate owners'   purchases, rentals, and sales of single-family homes in this state   for each calendar year. The information must include:                 (1)     the number of single-family homes each corporate   owner had an interest in during the calendar year;                 (2)     the number of single-family homes purchased by   each corporate owner during the calendar year and the total number   purchased in each county and municipality;                 (3)     the number [Text truncated for display. Full text available on Congress.gov.]