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AN ACT
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relating to regulation of owners of developments supported with low |
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income housing tax credit allocations and of housing sponsors of |
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certain multifamily housing developments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 2306, Government Code, is |
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amended by adding Section 2306.2631 to read as follows: |
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Sec. 2306.2631. REPORTS BY SPONSORS OF CERTAIN MULTIFAMILY |
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HOUSING DEVELOPMENTS. (a) This section applies only to a housing |
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sponsor of a multifamily housing development that: |
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(1) receives financial assistance from the state; |
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(2) receives financial assistance from the federal |
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government, including an allocation of low income housing tax |
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credits; or |
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(3) is subject to a land use restriction agreement. |
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(b) The department by rule shall require the housing sponsor |
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of a multifamily housing development to submit a quarterly report |
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to the department. The report must include information that |
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identifies: |
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(1) the number of vacant units in the development at |
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the time of the report; and |
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(2) the number of days that each unit has been vacant. |
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(c) The department shall provide to each member of the |
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legislature, on request of that member, a report that disaggregates |
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the information collected under Subsection (b) by zip code in the |
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member's district. |
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SECTION 2. Subchapter DD, Chapter 2306, Government Code, is |
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amended by adding Section 2306.6736 to read as follows: |
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Sec. 2306.6736. PROHIBITED PRACTICES. |
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(a) Notwithstanding any other law, a development owner of a |
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development supported with a housing tax credit allocation may not: |
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(1) lock out or threaten to lock out any person |
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residing in the development except by judicial process unless the |
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exclusion results from: |
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(A) a necessity to perform bona fide repairs or |
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construction work; or |
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(B) an emergency; or |
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(2) seize or threaten to seize the personal property |
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of any person residing in the development except by judicial |
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process unless the resident has abandoned the premises. |
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(b) Each development owner shall: |
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(1) include a conspicuous provision in the lease |
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agreement prohibiting the owner from engaging in a practice |
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described by Subsection (a); and |
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(2) remove in the manner specified by department rule |
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any provisions in the lease agreement that are contrary to |
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Subsection (a). |
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SECTION 3. The Texas Department of Housing and Community |
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Affairs shall adopt rules as necessary to implement and enforce |
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Section 2306.6736, Government Code, as added by this Act, not later |
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than November 1, 2009. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1717 passed the Senate on |
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April 27, 2009, by the following vote: Yeas 28, Nays 3; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1717 passed the House, with |
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amendment, on May 18, 2009, by the following vote: Yeas 89, |
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Nays 52, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |