S.B. No. 109
 
 
 
 
AN ACT
  relating to a housing plan developed and certain housing
  information collected and reported by the Texas Department of
  Housing and Community Affairs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 2306.072, Government
  Code, is amended to read as follows:
         (c)  The report must include:
               (1)  a complete operating and financial statement of
  the department;
               (2)  a comprehensive statement of the activities of the
  department during the preceding year to address the needs
  identified in the state low income housing plan prepared as
  required by Section 2306.0721, including:
                     (A)  a statistical and narrative analysis of the
  department's performance in addressing the housing needs of
  individuals and families of low and very low income;
                     (B)  the ethnic and racial composition of
  individuals and families applying for and receiving assistance from
  each housing-related program operated by the department; [and]
                     (C)  the department's progress in meeting the
  goals established in the previous housing plan, including goals
  established with respect to the populations described by Section
  2306.0721(c)(1); and
                     (D)  recommendations on how to improve the
  coordination of department services to the populations described by
  Section 2306.0721(c)(1);
               (3)  an explanation of the efforts made by the
  department to ensure the participation of individuals of low income
  and their community-based institutions in department programs that
  affect them;
               (4)  a statement of the evidence that the department
  has made an affirmative effort to ensure the involvement of
  individuals of low income and their community-based institutions in
  the allocation of funds and the planning process;
               (5)  a statistical analysis, delineated according to
  each ethnic and racial group served by the department, that
  indicates the progress made by the department in implementing the
  state low income housing plan in each of the uniform state service
  regions;
               (6)  an analysis, based on information provided by the
  fair housing sponsor reports required under Section 2306.0724 and
  other available data, of fair housing opportunities in each housing
  development that receives financial assistance from the department
  that includes the following information for each housing
  development that contains 20 or more living units:
                     (A)  the street address and municipality or county
  in which the property is located;
                     (B)  the telephone number of the property
  management or leasing agent;
                     (C)  the total number of units, reported by
  bedroom size;
                     (D)  the total number of units, reported by
  bedroom size, designed for individuals who are physically
  challenged or who have special needs and the number of these
  individuals served annually;
                     (E)  the rent for each type of rental unit,
  reported by bedroom size;
                     (F)  the race or ethnic makeup of each project;
                     (G)  the number of units occupied by individuals
  receiving government-supported housing assistance and the type of
  assistance received;
                     (H)  the number of units occupied by individuals
  and families of extremely low income, very low income, low income,
  moderate income, and other levels of income;
                     (I)  a statement as to whether the department has
  been notified of a violation of the fair housing law that has been
  filed with the United States Department of Housing and Urban
  Development, the Commission on Human Rights, or the United States
  Department of Justice; and
                     (J)  a statement as to whether the development has
  any instances of material noncompliance with bond indentures or
  deed restrictions discovered through the normal monitoring
  activities and procedures that include meeting occupancy
  requirements or rent restrictions imposed by deed restriction or
  financing agreements;
               (7)  a report on the geographic distribution of low
  income housing tax credits, the amount of unused low income housing
  tax credits, and the amount of low income housing tax credits
  received from the federal pool of unused funds from other states;
  and
               (8)  a statistical analysis, based on information
  provided by the fair housing sponsor reports required by Section
  2306.0724 and other available data, of average rents reported by
  county.
         SECTION 2.  Subsection (c), Section 2306.0721, Government
  Code, is amended to read as follows:
         (c)  The plan must include:
               (1)  an estimate and analysis of the size and the
  different housing needs of the following populations in each
  uniform state service region:
                     (A)  individuals and families of moderate, low,
  very low, and extremely low income;
                     (B)  individuals with special needs; [and]
                     (C)  homeless individuals;
                     (D)  veterans;
                     (E)  farmworkers;
                     (F)  youth who are aging out of foster care; and
                     (G)  elderly individuals;
               (2)  a proposal to use all available housing resources
  to address the housing needs of the populations described by
  Subdivision (1) by establishing funding levels for all
  housing-related programs;
               (3)  an estimate of the number of federally assisted
  housing units available for individuals and families of low and
  very low income and individuals with special needs in each uniform
  state service region;
               (4)  a description of state programs that govern the
  use of all available housing resources;
               (5)  a resource allocation plan that targets all
  available housing resources to individuals and families of low and
  very low income and individuals with special needs in each uniform
  state service region;
               (6)  a description of the department's efforts to
  monitor and analyze the unused or underused federal resources of
  other state agencies for housing-related services and services for
  homeless individuals and the department's recommendations to
  ensure the full use by the state of all available federal resources
  for those services in each uniform state service region;
               (7)  strategies to provide housing for individuals and
  families with special needs in each uniform state service region;
               (8)  a description of the department's efforts to
  encourage in each uniform state service region the construction of
  housing units that incorporate energy efficient construction and
  appliances;
               (9)  an estimate and analysis of the housing supply in
  each uniform state service region;
               (10)  an inventory of all publicly and, where possible,
  privately funded housing resources, including public housing
  authorities, housing finance corporations, community housing
  development organizations, and community action agencies;
               (11)  strategies for meeting rural housing needs;
               (12)  a biennial action plan for colonias that:
                     (A)  addresses current policy goals for colonia
  programs, strategies to meet the policy goals, and the projected
  outcomes with respect to the policy goals; and
                     (B)  includes information on the demand for
  contract-for-deed conversions, services from self-help centers,
  consumer education, and other colonia resident services in counties
  some part of which is within 150 miles of the international border
  of this state;
               (13)  a summary of public comments received at a
  hearing under this chapter or from another source that concern the
  demand for colonia resident services described by Subdivision (12);
               (13-a)  information regarding foreclosures of
  residential property in this state, including the number and
  geographic location of those foreclosures; and
               (14)  any other housing-related information that the
  state is required to include in the one-year action plan of the
  consolidated plan submitted annually to the United States
  Department of Housing and Urban Development.
         SECTION 3.  Section 51.0022, Property Code, is repealed.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 109 passed the Senate on
  March 13, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 109 passed the House on
  May 16, 2013, by the following vote:  Yeas 122, Nays 23, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor