2017 Texas Legislature

Bill tracker: Approved
The 85th regular session of the Texas Legislature ended on May 29. Here’s the list of housing-related legislation that passed through both chambers and was sent to Governor Abbott’s desk, where it was either signed into law or vetoed:

House of Representatives

HB 1099
Sponsor: Canales
Status: Signed by governor, effective 9/1/17
Summary: Broadening tenants’ ability to call police or emergency assistance without repercussion

HB 1238
Sponsor: VanDeaver
Status: Signed by governor, effective 9/1/17
Summary:
 Adjusting the investment training requirements for housing authority commissioners

HB 1449
Sponsor: Simmons
Status: Signed by governor, effective immediately
Summary:
 Prohibiting local governments from imposing linkage fees on new construction

HB 1512
Sponsor: Isaac
Status: Signed by governor, effective immediately
Summary:
 Increasing the maximum loan amount for the owner-builder home loan program, which includes the Bootstrap program, to $150,000

HB 2792
Sponsor: González
Status: Vetoed by governor
Summary:
 Adjusting requirements for Rental Assistance Demonstration public housing conversions in tax credit scoring, resident commissioners and tax exemptions

HB 3281
Sponsor: Rodriguez, Eddie
Status: Vetoed by governor
Summary:
 Continuing the City of Austin’s eligibility to establish homestead preservation districts

HB 3574
Sponsor: Collier
Status: Signed by governor, effective 9/1/17
Summary:
 Removing educational quality as a scoring item for housing tax credit applications

Senate

SB 499
Sponsor: West
Status: Signed by governor, effective 9/1/17
Summary: Adopting the Uniform Partition of Heirs’ Property Act

SB 526
Sponsor: Birdwell
Status: Signed by governor, effective 9/1/17
Summary: 
Abolishes certain advisory committees including the residential mortgage fraud task force

SB 593
Sponsor: Rodríguez
Status: Signed by governor, effective 9/1/17
Summary:
Banning public housing residents and people with vouchers or project-based assistance from serving as housing authority commissioners in large border cities

SB 830
Sponsor: Rodríguez
Status: Vetoed by governor
Summary:
Requiring sellers in non-federal transactions to provide basic information about mortgages

SB 873
Sponsor: Creighton
Status: Signed by governor, effective immediately
Summary:
Requiring tenants to go through the public utility commission complaint process rather than civil action to dispute water charges

SB 1656
Sponsor: Watson
Status: Never sent to governor
Summary:
 Continuing the City of Austin’s eligibility to establish homestead preservation districts

SB 1992
Sponsor: Watson
Status: Vetoed by governor
Summary:
 Allowing housing tax credits to go toward more than one project in a same community in the same year in counties with a population under 1.5 million, up from 1 million

Bill tracker: Failed
Many more housing bills were filed, debated and voted on but failed to make it out of the Legislature by the end of the session:

House of Representatives

HJR 36
Sponsors: González, Sheffield, Thompson, Walle, Murr
Summary: Proposing a constitutional amendment to allow general obligation bonds to be used for drainage projects in economically distressed areas

HB 44
Sponsor: Keough
Summary: Limiting maximum appraised property tax value for real property

HJR 52
Sponsor: Turner
Summary: Proposing a constitutional amendment to exempt certain housing for people with disabilities from some property taxes

HJR 116
Sponsor: Thierry
Summary: Proposing a constitutional amendment to allow politicial subdivisions to cap the taxes imposed on certain properties within homestead preservation districts

HB 167
Sponsor: Bell
Summary: Limiting maximum appraised property tax value for real property

HB 183
Sponsor: Dutton
Summary: Prohibiting the denial of housing due to deferred adjudication community supervision

HB 192
Sponsor: Bernal
Summary: Prohibiting housing discrimination based on sexual orientation or gender identity

HB 309
Sponsor: Johnson of Harris
Summary: Establishing a home and community Medicaid service program for mental illness

HB 312
Sponsor: Johnson of Harris
Summary: Creating a disaster recovery fund

HB 470
Sponsor: Johnson of Dallas
Summary: Allowing Dallas to establish homestead land bank programs

HB 616
Sponsor: Leach
Summary: Removing state representative support from the tax credit scoring system

HB 640
Sponsor: Phillips
Summary: Allowing city and county governments to regulate the location of halfway houses

HB 850
Sponsor: Turner
Summary: Exempting certain housing for people with disabilities from some property taxes

HB 885
Sponsor: King of Hemphill
Summary: Adding state senator support to tax credit scoring system

HB 1097
Sponsor: Canales
Summary: Allowing courts to expunge records in residential eviction suits

HB 1098
Sponsor: Canales
Summary: Capping late-rent fees charged to people with Housing Choice Vouchers

HB 1115
Sponsor: Dutton
Summary: Adding elected officials as “affected persons” under the Water Code for contested case hearings before the Texas Commission on Environmental Quality

HB 1175
Sponsor: Hinojosa
Summary: Requiring three-fourths approval from local governing bodies for valid petitions regarding proposed boundaries and/or regulations for un-platted and/or un-zoned land

HB 1239
Sponsor: VanDeaver
Summary: Adjusting the qualifications for housing authority commissioners

HB 1328
Sponsor: Guillen
Summary: Allowing advertising for the sale of land in certain border counties before a subdivision plat has been approved

HB 1386
Sponsor: Guillen
Summary: Allowing earnest money contracts and other forms of sale for land in certain border counties before a subdivision plat is filed

HB 1513
Sponsor: Isaac
Summary: Increasing the tax-exempt period for affordable housing property owned by a charitable organization from five to 10 years after purchase

HB 1534
Sponsor: Farrar
Summary: Prohibiting certain discrimination based on sexual orientation or gender identity, including housing

HB 1548
Sponsor: Dutton
Summary: Entitling property owners within one mile of schools an exemption from school district taxes if they provide a threshold amount of affordable housing

HB 1562
Sponsor: Minjarez
Summary: Allowing zoning and building construction ordinances for counties with a population above 100,000 or which include a metropolitan area above 100,000

HB 1609
Sponsor: Price
Summary: Removing state representative letters of support for tax credit developments for districts which include counties of less than 450,000 people

HB 1626
Sponsor: Gutierrez
Summary: Allowing non-contributing taxing entities to enter into abatements without the approval of the TIRZ or entity board

HB 1653
Sponsor: Swanson
Summary: Increasing the influence of state representative scoring on tax credit applications, particularly in unincorporated parts of urban areas

HB 1772
Sponsor: Swanson
Summary: Providing a property tax exemption for individuals 75 years old and above, and their spouses if over 55

HB 1792
Sponsor: Swanson
Summary: Adding requirements for tax credit applications, including new labels for developments and more influence for nearby neighborhood organizations

HB 1821
Sponsor: Clardy
Summary: Regulating the initial and daily fees charged to tenants for late payment of rent

HB 1834
Sponsor: Dutton
Summary: Requiring the rejection of an application for tax credits if an applicant does not submit the complete application fees before the designated deadline

HB 1852
Sponsor: Lucio III
Summary: Regulating municipal authority over land use in manufactured home communities

HB 1879
Sponsor: Romero, Jr.
Summary: Requiring TDHCA to conduct a study of farmworker housing conditions

HB 1892
Sponsor: Ortega
Summary: Expediting court proceedings in cases involving substandard buildings

HB 1927
Sponsor: Rodriguez, Eddie
Summary: Setting standards for alerts about the release of toxic chemicals from manufacturing facilities

HB 2109
Sponsor: Dutton
Summary: Adding neighborhood organizations located within 10 miles of proposed tax credit developments to the application scoring system

HB 2312
Sponsor: Dukes
Summary: Prohibiting housing discrimination based on disability, military status or sexual orientation

HB 2352
Sponsor: Guerra
Summary: Removing state representative support from the tax credit scoring system (duplicate of HB 616)

HB 2365
Sponsor: Romero, Jr.
Summary: Regulating migrant labor housing facilities, including new inspection processes, licensing rules and enforcement

HB 2405
Sponsor: González
Summary: Allowing tax credit applications to qualify as rural if they receive 514, 515 or 516 assistance

HB 2480
Sponsor: Johnson of Dallas
Summary: Requiring affordable housing impact statements for municipal reinvestment zones

HB 2532
Sponsor: Anderson, Rodney
Summary: Requiring tax appraisers to use the income method of appraisal for renters in qualified low- and moderate-income housing

HB 2551
Sponsor: Parker
Summary: Prohibiting most local ordinances that prevent the use of property as a short-term rental

HB 2633
Sponsor: Dutton
Summary: Requiring notification of proposed tax credit developments to all neighborhood organizations and households located within 15 miles of site

HB 2635
Sponsor: Dutton
Summary: Allowing inheritors of real property to pay deferred property taxes and interest in installments

HB 2641
Sponsor: Laubenberg
Summary: Allowing development corporations to create subsidiaries, which are also regulated as development corporations

HB 2651
Sponsor: Sanford
Summary: Requiring community development corporation board meetings to be broadcast live online

HB 2677
Sponsor: Bernal
Summary: Preventing retaliation against farmworkers who report housing problems

HB 2728
Sponsor: Bohac
Summary: Requiring applications for housing tax credits to receive support from the site’s state representative and state senator during the pre-application process

HB 2832
Sponsor: Oliveira
Summary: Requiring notice to mortgage servicer before closing a property tax loan

HB 2836
Sponsor: Thierry
Summary: Commissioning a feasibility study for providing landlords with financial assistance to house veterans

HB 2899
Sponsor: Simmons
Summary: Prohibiting local ordinances that add protected classes beyond state law
(Note: This bill was amended to apply only to ordinances about bathroom access)

HB 2947
Sponsor: Moody
Summary: Adjusting the language that allows Rental Assistance Demonstration public housing projects to compete in the at-risk set-aside for housing tax credit awards

HB 2992
Sponsor: Neave
Summary: Establishing penalties for certain resident uses of service animals

HB 3073
Sponsor: Rodriguez, Eddie
Summary: Establishing a program fund for low income electric customers

HB 3088
Sponsor: Ortega
Summary: Defining wrap mortgage loans and lenders

HB 3196
Sponsor: Cortez
Summary: Referring fair housing conciliation agreements to the Attorney General

HB 3229
Sponsor: Phelan
Summary: Narrowing the definition of service animals entitled to full housing access

HB 3324
Sponsor: Rodriguez, Eddie
Summary: Establishing a grocery access investment fund program

HB 3363
Sponsor: Neave
Summary: Requiring written notice to tenants if landlord plans to increase rent upon lease renewal

HB 3401
Sponsor: Neave
Summary: Allowing most tenants to make rent and fee payments with at least one method other than cash or electronic transfer

HB 3447
Sponsor: Rodriguez, Eddie
Summary: Adjusting the requirements for nonprofit corporations to establish community land trusts

HB 3452
Sponsor: Rodriguez, Eddie
Summary: Adjusting the rules for creating and funding homestead preservation districts

HB 3528
Sponsor: Vo
Summary: Limiting the collection of past due assessments by property owner associations

HB 3570
Sponsor: Collier
Summary: Allowing more schools to qualify for educational quality points in the housing tax credit scoring process, including those rated D or higher

HB 3676
Sponsor: Isaac
Summary: Prohibiting municipalities from setting maximum unit sales prices in homestead preservation districts

HB 3685
Sponsor: Alvarado
Summary: Requiring the qualified allocation plan for housing tax credits to comply with federal and state fair housing laws

HB 3691
Sponsor: Bernal
Summary: Adjusting the population and poverty rate requirements for municipalities to establish homestead preservation districts and reinvestment zones

HB 3868
Sponsor: Smithee
Summary: Allowing property owner associations to create criminal background checks for prospective tenants

HB 3919
Sponsor: Thierry
Summary: Setting the definition of “low income household” for homestead preservation districts at reinvestment zones at no more than 80 percent of area median family income

HB 3920
Sponsor: Thierry
Summary: Defining the taxing limitations on residences owned by low income individuals within homestead preservation districts

HB 3999
Sponsor: Isaac
Summary: Setting tax appraisal standards for property sold by charitable organizations for the purposes of affordable housing

HB 4033
Sponsor: Isaac
Summary: Prohibiting inclusionary zoning in homestead preservation districts

HB 4189
Sponsor: Collier
Summary: Adjusting the scoring incentives for housing tax credit applications relating to educational quality and neighborhood characteristics

HB 4244
Sponsor: Elkins
Summary: Removes the property code subchapter regulating contracts for deed

HB 4264
Sponsor: Elkins
Summary: Repealing a section of the property code referring to certain homestead sales

Senate

SJR 61
Sponsors: LucioHinojosaPerry
Summary: Proposing a constitutional amendment to allow general obligation bonds to be used for drainage projects in economically distressed areas

SB 92
Sponsor: Hall
Summary: Prohibiting local ordinances that add protected classes beyond state law

SB 165
Sponsor: Rodríguez, et al.
Summary: Prohibiting certain discrimination based on sexual orientation or gender identity, including housing

SB 242
Sponsor: Burton
Summary: Requiring public schools to disclose any general knowledge about students to parents

SB 351
Sponsor: Watson
Summary: Creating a disaster recovery fund

SB 451
Sponsors: Hancock, Buckingham
Summary: Prohibiting most local ordinances that prevent the use of property as a short-term rental

SB 595
Sponsor: Lucio
Summary: Allowing households below 80 percent of area median income to pay residence homestead taxes in installments

SB 600
Sponsor: Burton
Summary: Repealing elements of the Texas Economic Development Act

SB 650
Sponsor: Bettencourt
Summary: Setting qualifications for Tax Increment Reinvestment Zones (TIRZ) 

SB 692
Sponsor: Rodríguez
Summary: Regulating the model subdivision rules to certain subdivisions more than 25 years old in Hidalgo and El Paso Counties

SB 852
Sponsor: Nelson
Summary: Prohibiting local governments from imposing linkage fees on new construction

SB 921
Sponsor: Perry
Summary: Regulating the initial and daily fees charged to tenants for late payment of rent

SB 989
Sponsor: Watson
Summary: Removing the cap and increasing the funding for the owner-builder loan program

SB 990
Sponsor: Watson
Summary: Removing the location requirement for non-profit board members in the non-profit set-aside for housing tax credits

SB 1025
Sponsors: Rodríguez, Hinojosa
Summary: Regulating migrant labor housing facilities, including new inspection processes, licensing rules and enforcement

SB 1059
Sponsor: West
Summary: Requiring landlords to issue parking permits for the whole term of a tenant’s lease

SB 1202
Sponsor: West
Summary: Regulating the steps a landlord must take in order to refuse to renew a tenant’s lease in order to rehabilitate, sell or demolish a unit

SB 1251
Sponsor: West
Summary: Allowing contributions toward the Ending Homelessness fund when registering or renewing vehicles

SB 1374
Sponsor: Menéndez
Summary: Broadening tenants’ ability to call police or emergency assistance without repercussion

SB 1397
Sponsor: Nichols
Summary: Requiring notice to mortgage servicer before closing a property tax loan

SB 1445
Sponsor: West 
Summary: Allowing most tenants to make rent and fee payments with at least one method other than cash or electronic transfer

SB 1672
Sponsor: Lucio
Summary: Adding affirmatively furthering fair housing to the official purposes of the Texas Department of Housing and Community Affairs

SB 1673
Sponsor: Lucio
Summary: Establishing a new system for local disaster recovery housing programs based on the RAPIDO model

SB 1931
Sponsor: West 
Summary: Adjusting the requirements for nonprofit corporations to establish community land trusts

SB 1990
Sponsor: Watson
Summary: Requiring housing tax credit awards for the highest-scoring supportive housing project in each urban subregion of more than 285,000 residents

SB 1991
Sponsor: Watson
Summary: Adjusting the funding requirements and eligibility of organizations funded under the Cranston-Gonzalez National Affordable Housing Act

SB 1993
Sponsors: RodríguezWatson, Zaffirini
Summary: Defining wrap mortgage loans and lenders

SB 2140
Sponsors: LucioHinojosaPerry
Summary: Allowing general obligation bonds to be used for drainage projects in economically distressed areas

SB 2156
Sponsor: Zaffirini
Summary: Establishing a grocery access investment fund program

SB 2159
Sponsor: Zaffirini
Summary: Allowing advertising for the sale of land in certain border counties before a subdivision plat has been approved

SB 2160
Sponsor: Zaffirini
Summary: Allowing earnest money contracts and other forms of sale for land in certain border counties before a subdivision plat is filed

SB 2234
Sponsor: Menéndez
Summary: Limiting the collection of past due assessments by property owner associations

From our blog
Housing issues at the 2017 Legislature:

State bans another local affordable housing tool with anti-linkage fees legislation (5/24/17)

Where housing legislation stands after key Texas House bill deadlines (5/17/17)

Legislators should be celebrating affordable housing, not fearmongering (5/9/17)

Update: Texas Senate committee approves expansion of innovative disaster recovery housing program (5/8/17)

Texas House bills add hurdles to affordable housing in affluent neighborhoods (5/3/17)

Bills expected to raise tenant late fees advance in Texas House and Senate (4/21/17)

Proposed legislation would protect LGBTQ+ Texans from housing discrimination (4/18/17)

State legislators consider ban on city linkage fees for affordable housing (3/29/17)

Rollback of colonia regulations at issue in two bills on border land sales (3/29/17)

Texas House committee debates caps and increases on late fees for tenants, voucher holders (3/27/17)

Houston area representative, pledging to ‘Stop Low-Income Government Housing,’ files bill (2/13/17)

Texas Senate committee report addresses key fair housing issues (1/23/17)

Listen: Previewing housing issues at the Texas Legislature (1/17/17)

TDHCA details consequences of potential budget cuts (12/9/16)

Texas’ 2017 tax credit allocation plan presents fair housing issues (11/17/16)