Roundup of housing related bill action affecting TDHCA by the Texas Legislature

I am finally getting around to compiling the list of all the bills that passed and those that did not in the recent session of the Texas Legislature. In today’s post are the bills that affected TDHCA. First is a list of those that passed, followed by those that were filed but did not pass.

Keep in mind that many of these bills have not been signed yet by the governor who may still veto them.

Special thanks to Michael Lyttle at TDHCA for sharing his legislative tracking list.

TDHCA Related Housing Legislation That Passed


Bill #

Author

Brief description

Status

HB 434

Rep Eddie Lucio III

Requires that any TDHCA application, form, and/or educational material from the Energy Crisis Intervention Program, the weatherization program, and the Low-Income Home Energy Assistance Program has to be provided in English, Spanish, and any “other appropriate language.”

Sent to Governor

HB 492

Rep John Zerwas

Expands the state’s current faith-and community-based health and human services network; pairs state agencies and stakeholders initiatives for increased partnership.  Requires TDHCA executive director and other state agencies, in consultation with the Governor, designate one employee from each agency to serve as a liaison for faith-and community-based organizations.

Sent to Governor

HB 955

Rep Mike Villarreal

Directs TDHCA to create new program – Volunteer Income Tax Assistance Program to be funded through a small percentage of state TANF funds

Language from bill put into HB 2888 and bill is in conference

Part of HB 2888 and sent to Governor

HB 2309

(duplicate of SB 980)

Rep Yvonne Davis

Creates forms to be filed by mortgage servicers with county clerks to contain extensive information on real property foreclosure sales and debtors associated with them.  TDHCA is directed to collect and publish the data online

Some language from this bill was added to HB 3485 which was passed and sent to the Governor

HB 2450

Rep Craig Eiland

Bill directs TDHCA to draft rules that would allow the agency to establish clear title on a home whose owner is submitting an application for disaster recovery housing assistance.

Sent to Governor

HB 2840

Rep Burt Solomons

Adds TDHCA to the Residential Mortgage Fraud Task Force and also adds TDHCA to confidential information-sharing agreements with other agencies about mortgage fraud.

Sent to Governor

HB 2888

Rep “Mando” Martinez

Bill would require that any development TDHCA funds reserve units for very low-income tenants and accept Sec. 8 or other rental voucher tenants.  Bill also directs TDHCA to establish rules to enforce these measures.

Included language from HB 955.

Sent to Governor

HB 3064

Rep Dwayne Bohac

Bill requires all housing sponsors of multifamily developments who get funds from the state or the feds must submit a quarterly unit vacancy report to TDHCA and that TDHCA must supply that report to members of the Legislature if requested.

Language was tacked onto SB 1717 and approved by both chambers

As part of SB 1717, Sent to Governor

HB 3165

SB 1717

Rep Yvonne Davis

Sen. Royce West

Prohibits tax credit owners from locking out or threatening to lock out tenants unless through a judicial process or if construction/repair or an emergency is ongoing.  Bill also prohibits owners from seizing personal property unless they earn the right through court or if the tenant abandons the unit

SB 1717 passed Senate; passed House as amended with HB 3064 by Bohac

Sent to Governor

HB 3168

Rep Yvonne Davis

Has TDHCA and GDEM establishing a pilot project to reconstruct or provide temporary housing for persons displaced by a natural disaster, essentially a Grow Homes, Part 2.

Language tacked onto HB 2450 which was approved by both chambers

Sent to Governor

HB 3219

(companion to SB 1878)

Rep Norma Chavez

Creates a coordination council run by TDHCA with 15 members of various housing and health services agencies, groups.  Contains various working tasks for the council and includes TDHCA staffing responsibilities. Based on LBB Govt Effectiveness and Efficiency Report.

Sent to Governor

HB 4275

Rep Jose Menendez

Bill gives TDHCA flexibility and rulemaking authority to implement tax credit-related ARRA funds outside of existing statutory parameters.

Passed by 2/3rds in both chambers, effective immediately

Sent to Governor

HB 4409

Rep Larry Taylor

Directs TDHCA to contract for temporary or emergency housing in the wake of a natural disaster

Sent to Governor

SB 679

Sen Eddie Lucio

Bill makes substantial changes to the Texas Bootstrap Loan Program by changing award caps and total loan amounts, and sweat equity requirements of the owner-builder

Sent to Governor

SB 980

Sen Eddie Lucio

Creates forms to be filed by mortgage servicers with county clerks to contain extensive information on real property foreclosure sales and debtors associated with them.  TDHCA is directed to collect and publish the data online.

Some language from this bill was added to HB 3485 which was passed and sent to the Governor

HB 3165

SB 1717

Rep Yvonne Davis

Sen. Royce West

Prohibits tax credit owners from locking out or threatening to lock out tenants unless through a judicial process or if construction/repair or an emergency is ongoing.  Bill also prohibits owners from seizing personal property unless they earn the right through court or if the tenant abandons the unit

SB 1717 passed Senate; passed House as amended with HB 3064 by Bohac

Sent to Governor

SB 1878
(companion to HB 3219)

Sen Jane Nelson

Creates a coordination council run by TDHCA with 15 members of various housing and health services agencies, groups.  Contains various working tasks for the council and includes TDHCA staffing responsibilities. Based on LBB Govt Effectiveness and Efficiency Report.

Sent to Governor

SB 2169

Sen Rodney Ellis

Creates a statewide policy workgroup on smart growth and adds TDHCA as a member.

Sent to Governor

TDHCA Related Housing Legislation That Did Not Pass

Bill #

Author

Brief description

Status at session end


HB 222

Rep Jose Menendez

  • Authorizes the state regulation of the game of poker.
  • Creates gaming revenue which is transferred to TDHCA: 50% used for homeless services, 50% in Housing Trust Fund.

Postponed on second reading until June 2

HB 261

Rep Leo Berman

Says that state agency may not adopt a rule or policy under which the agency will not fully enforce the laws of this state or federal law, including laws relating to immigrants or immigration.

Referred to State Affairs

HB 266

Rep Leo Berman

Statewide omnibus bill that discourages illegal immigration and immigrants in Texas as a matter of public policy.  Requires state agencies to verify resident status of all new employees.

Referred to State Affairs

HB 495

Rep John Zerwas

Dictates procedure for how state agencies are to distribute printed materials to Legislature.

Referred to State Affairs

HB 547

Rep Richard Raymond

Pertains to civil actions filed against state agencies.

Pending in Judiciary & Civil Jurisprudence

HB 555

Rep Jose Menendez

  • Affects HTC program by expanding boundaries of area where neighborhood organizations can make comment on an application
  • Also requires TDHCA to award max points in category to applicants who have no neighborhood organizations in area where their application is.

Referred to Urban Affairs

HB 563

Rep Jose Menendez

Same bill as HB 555 but adds provisions to change current point scoring system to a tiered system and also eliminates any scoring items not defined currently in statute.

Passed House; referred to IGR in the Senate

HB 576

Rep Ralph Sheffield

Defines how state agencies are to electronically seek Legislature approval prior to distributing publications.

Passed to third reading in House

HB 581

Rep Dawnna Dukes

Places additional requirements, including required cost analyses, on state agencies seeking to outsource service(s).

Referred to State Affairs

HB 703

Rep Patrick Rose

Among other things bill directs DADS to encorporate fall prevention guidelines into state housing planning documents.

Passed by House; Voted favorably from Senate Health & Human Services

HB 1182

Rep Sylvester Turner

Reconstitutes System Benefit Fund and sets it up outside the Treasury and includes language mandating energy assistance programs through TDHCA.

Passed in House; reported as substituted from Senate Business and Commerce

HB 1412

Rep Dwayne Bohac

Expands notification requirements for housing tax credit developers and expands letters-for-scoring opportunities for neighborhood organizations to include any neighborhood organization that has boundaries either containing the proposed development site or within one-half mile of the site.

Referred to Urban Affairs

HB 1429

Rep Dwayne Bohac

Adds new provision for housing tax credit applicants that all notification letters they send out must be done by certified mail.

Pending in Urban Affairs

HB 1553

(companion to SB 988)

Rep Lon Burnam

Would require TDHCA and 13 other state agencies to produce a climate adaptation plan and how each agency’s programs would affect climate issues.

Reported from Environmental Regulation as substituted

HB 1589

Rep Patrick Rose

Comprehensive bill that directs HHSC to draft and implement a strategic plan that reforms state system for supports and services for persons with disabilities. TDHCA is mentioned as serving as a resource to the strategic plan’s steering committee.

Voted favorably from

Human Services as substituted

HB 1627

Rep Elliot Naishtat

Directs TDHCA to enter into an MOU with HHSC to provide $1 annually under LIHEAP to every family receiving food stamps if the household is not already receiving energy assistance benefits.

Reported from Human Services as substituted

HB 1650

(Companion to SB 1002)

Rep Ruth Jones McClendon

TSAHC Sunset Bill extending them to 2015, expanding their board and making other, smaller changes.

Pending in Urban Affairs

HB 1961

Rep Betty Brown

Requires the department by rule to adopt policies to ensure that each recipient and sub-recipient who receives funds– including bond assistance – must be a citizen of the U.S. or authorized to be in the country by the federal agency for citizenship and immigration.

Bill withdrawn by author

HB 2121

Rep Dora Olivo

Expands notification requirements for housing tax credit developers and expands letters-for-scoring opportunities for neighborhood organizations to include any neighborhood organization that has boundaries either containing the proposed development site or within 500 feet of the site.

Committee substitute passed in House; referred to IGR in the Senate

HB 2296

(duplicate of SB 679)

Rep Yvonne Davis

Bill makes substantial changes to the Texas Bootstrap Loan Program by changing award caps and total loan amounts, and sweat equity requirements of the owner-builder.

Reported from Urban Affairs as substituted

HB 2297

Rep Yvonne Davis

Bill affects the housing tax credit program by raising the cap an applicant can receive in one single application round from $2 million to $3 million.  The bill also ties the cap amount to a price index of sorts based on the Consumer Price Index from the US Bureau of Labor Statistics.  This index is to be evaluated during even-numbered years starting on 1/1/12.

Referred to Urban Affairs

HB 2308

(duplicate of SB 1026)

Rep Yvonne Davis

Essentially creates a single family loan program through TDHCA designed to serve low income families and designed to have extra protections against foreclosure.

Passed in House; reported as substituted from Senate IRT

HB 2343

Rep Jose Menendez

Bill extends TDHCA’s Sunset Date to from 2011 to 2015.

Referred to Urban Affairs

HB 2629

Rep Eddie Rodriguez

Bill directs TDHCA to add incentives in its QAP for applicants to use energy-saving devices and energy conservation measures in their developments.

Referred to Urban Affairs

HB 2674

Rep Yvonne Davis

Bill directs the department to seek and administer federal funds that would support local homeless initiatives by political subdivisions, housing finance corporations, for profits and nonprofits.

Referred to Urban Affairs

HB 2675

Rep Yvonne Davis

Bill directs the department to create a foreclosure prevention program that offers information and assistance to homeowners in foreclosure or near to foreclosure due to adverse personal circumstances.  Directs the department to seek federal funding to run the program.

Referred to Urban Affairs

HB 2761

Rep Trey Martinez Fischer

Bill would direct TDHCA to work with the Finance Commission to develop a foreclosure prevention assistance form that would be provided to all homeowners when they close a loan, when they default, when they receive a delinquent notice, or a right to cure letter.

Pending in Pensions/Investments/

Financial Services

HB 2827

Rep Sylvester Turner

Creates a new division within TDHCA dedicated to emergency housing.  New division would have new ED and board per existing structure much like Manufactured Housing.

Passed in House; Reported favorably from Sen IGR; language from bill added to HB 4409

HB 3161

Rep Yvonne Davis

TDHCA is directed to conduct a study of the effectiveness of its SLIHP and to provide the results of the study to the Legislature by 12/1/10.  Bill also contains language funding the HTF through a document recording fee.

Reported from Urban Affairs as substituted

HB 3162

Rep Yvonne Davis

Bill directs TDHCA to establish a long-range housing plan that covers at least six years and proscribes the contents of the plan.

Reported favorably from Urban Affairs

HB 3163

(companion to SB 934)

Rep Yvonne Davis

Creates dedicated funding source for Housing Trust Fund by establishing document recording fee — $10 per document and mandates that funds be sent to TDHCA for purposes identified in statutory language on the Housing Trust Fund.

Recommended for Local & Consent

HB 3171

Rep Yvonne Davis

Makes some minor tweaks to the administrative portion of TDHCA’s enabling statute including encouraging maximum use of funds. Very broad caption and could be a place-holder bill for something else.

Voted favorably from Urban Affairs as substituted

HB 3172

Rep Yvonne Davis

Bill states that if another state agency receives funds from HUD and receives more than 50% of those program funds intended for the state, it must transfer that program to TDHCA.  If it is less than 50%, it must enter into an MOU with TDHCA.

Referred to Urban Affairs

HB 3241

Rep “Mando” Martinez

Among other things, the bill creates a work group to discuss issues facing counties which contain colonias.  A representative from TDHCA is to be on the work group.

Pending in  Technology/

Economic Dev./Workforce

HB 3430

Rep Jose Menendez

Bootstrap bill with TDHCA-approved language on loan amounts, lien position, etc.

Referred to Urban Affairs

HB 3431

Rep Jose Menendez

Bill abolishes TSAHC and rolls it into TDHCA and provides direction to the department on how to use funds from transfer.

Reported from State Affairs as substituted

HB 3432

Rep Jose Menendez

TDHCA admin bill written by TDHCA and includes creation of PHA board.

Referred to Urban Affairs

HB 3482

Rep Garnet Coleman

TDHCA is to create a form sent by mortgage servicers to mortgagees prior to a foreclosure that informs the debtor they have a right to enter into mediation.

Pending in

Business and Industry

HB 3535

Rep Yvonne Davis

Bill exempts tax credit nonprofit set-aside from the regional allocation formula.

Referred to Urban Affairs

HB 3536

Rep Yvonne Davis

Requires TDHCA to collect statistical information on how many multifamily units are in each census tract and how many occupants are in each of these units and report this to the Census Bureau.

Pending in

Urban Affairs

HB 3540

Rep Yvonne Davis

Massive, sprawling omnibus bill creating a Texas Housing Independence Campaign, task force, and various programs with multiple agencies.

Reported from Urban Affairs as substituted

HB 3928

Rep Ryan Guillen

Bill attempts to solve current lien issue with disaster housing by providing new options for persons to prove ownership of a homestead.

Pending in Defense & Veterans Affairs

HB 4094

(companion to SB 1943)

Rep Yvonne Davis

A fair housing bill that creates a Governors Fair Housing Council with TDHCA and other state agencies and to be chaired by TDHCA. Responsibilities include programs reviews and an annual report on the council’s progress.

Rec. for Local and Consent in the House

HB 4178

(companion to SB 2280)

Rep Wayne Christian

Creates a large state Re-entry Policy Council to help determine how to integrate inmates into the community after they have been released from jail/prison.  TDHCA is a member.

Pending in Corrections

HJR 117

Rep Sylvester Turner

Joint resolution creating a constitutional amendment that would provide no more than $100 million to TDHCA to expend for temporary or emergency housing

Referred to Appropriations

SB 123

Sen Rodney Ellis

Restricts any appropriation from the System Benefit Fund to only those purposes identified in Section 39.903 of the Utilities Code and no other law.

Referred to Finance

SB 265

Sen Juan “Chuy” Hinojosa

Amends Sec. 39 of the Utilities Code and directs PUC to adopt and enforce rules that electric utilities establish a system benefit fund outside the state treasury. Purpose of said fund is limited to what is described in this section of statute.

Placed on Senate Intent Calendar

SB 464

Sen Judith Zaffirini

Re-constitutes System Benefit Fund with a number of measures dictating who is eligible and how funds are collected.

Referred to Finance

SB 509

Sen John Carona

Bill states that no later than June first of each year, a state agency has to provide the agency’s proposed publicity expenditures to its oversight committees in the Legislature.  The bill goes on to say that on a vote of a majority of the committee, a statement either supporting or opposing a proposed expenditure may be sent to the agency.

Referred to Finance

SB 744

Sen Jeff Wentworth

Bill redefines the Community Housing Development Organization (CHDO) property tax exemption.  The bill would: (1) permit certain limited partnerships to qualify for community housing development corporation (CHDO) property tax exemptions; and (2) delete the current-law requirement that housing projects must be built after December 1, 2001 in order to qualify for a CHDO exemption.

Referred to Finance

SB 934

Sen Eddie Lucio

Creates dedicated funding source for Housing Trust Fund by establishing document recording fee — $10 per document and mandates that funds be sent to TDHCA for purposes identified in statutory language on the Housing Trust Fund.

Referred to IGR

SB 950

Sen Royce West

Creates dedicated funding source for the Housing Trust Fund by establishing a document recording fee ($10) per documents dealing with real property.

Pending in IGR

SB 990

Sen Eddie Lucio

Creates a rural land bank program of which TDHCA is to develop the rules and guidelines for the program.

Referred to IRT

SB 991

Sen Eddie Lucio

Bill requires that TDHCA ensures that housing tax credit applications for rural developments considered small scale (< 33 units) are not placed at disadvantage in the QAP.

Referred to IGR

SB 1002

(Companion to HB 1650)

Sen Bob Deuell

TSAHC Sunset Bill extending them to 2015, expanding their board and making other, smaller changes.

Passed Senate; reported from House Urban Affairs as substituted

SB 1026

Sen Eddie Lucio

Essentially creates a single family loan program through TDHCA designed to serve low income families and designed to have extra protections against foreclosure.

Referred to IRT

SB 1060

Sen Rodney Ellis

Comprehensive bill that directs HHSC to draft and implement a strategic plan that reforms state system for supports and services for persons with disabilities. TDHCA is mentioned as serving as a resource to the strategic plan’s steering committee.

Reported from Health and Human Services as substituted

SB 1375

Sen Royce West

Creates the Texas Savvy Homeowner Program for mortgage loans administered by TDHCA or TSAHC.  Program is designed to educate homeowners on re-financing options and is mandatory.  Program can be administered by TDHCA or a non-profit approved by HUD.

Passed Senate; reported favorably from Business and Industry in the House

SB 1861

Sen Rodney Ellis

Creates an alternative weatherization program to be run by TDHCA on a pilot program basis using fed stimulus funds via ARRA.

Passed in Senate; Reported from House Urban Affairs as substituted

SB 1943

Sen Royce West

A fair housing bill that creates a Governors Fair Housing Council with TDHCA and other state agencies and to be chaired by TDHCA.  Responsibilities include programs reviews and an annual report on the council’s progress.

Placed on Senate Intent Calendar

SB 1944

Sen Royce West

Bill creates a tax credit for taxable entitites providing charitable contributions to eligible nonprofit owner-builder loan programs (Bootstrap).  Habitat for Humanity bill.

Referred to Finance

SB 2064

Sen Royce West

Provides the Bond Review Board with flexibility for changing the

ceiling amounts of bond cap during times of a natural disaster or economic crisis.  The state ceiling computation is moved up one month from August 15 to July 15. Bill also provides additional ceiling for HFCs that are struggling.

Passed Senate; received in House, not referred

SB 2287

Sen Eddie Lucio

Bill creates a Small Municipality and Rural Area Housing Development fund and program to be administered by ORCA.  Bill directs TDHCA to work with ORCA in identifying possible additional funds for the program.

Referred to IRT

SB 2288

Sen Eddie Lucio

Large bill creates a Small Municipality and Rural Area Housing Development fund and program to be administered by ORCA.  Directs TDHCA to work with ORCA in identifying additional available funds for program. Creates a new division within TDHCA to work this initiative, includes language from SB 991, SB 1026, and SB 990, including adding a farmworker housing pilot project.

Passed Senate; Reported from Border and Intergovernmental Affairs as substituted. Died on House Calendar.

SB 2289

Sen Eddie Lucio

Bill is a funding mechanism for the Housing Trust Fund with the authorization to have TDHCA issue general obligation bonds to fund the HTF not to exceed $50 million in one year.  Needs a constitutional amendment (see SJR 46 below).

Referred to Finance

SB 2290

Sen Eddie Lucio

Bill contains language of SB 2288 without language from SB 991, SB 1026, and SB 990.

Referred to IRT

SB 2291

Sen Eddie Lucio

Directs TDHCA to create a regional CDC for rural housing as a pilot program and a statewide CDC for migrant labor housing and the latter is to implement the findings from the TDHCA report issued in 2007 on migrant labor housing.

Referred to IRT

SB 2292

Sen Eddie Lucio

Creates a natural disaster housing reconstruction council and program of which TDHCA is an integral member both from a staffing and funding aspect.

Passed in Senate; Reported favorably from State Affairs

SB 2294

Sen Eddie Lucio

Affects the BRB rules and the state’s PAB program and provides the BRB with flexibility to temporarily change rules to help the state facilitate federal legislation.

Referred to Finance

SJR 46

Sen Eddie Lucio

Would provide the constitutional amendment to have TDHCA issue general obligation bonds to help fund the Housing Trust Fund.

Referred to Finance

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