HBA-TBM H.B. 2737 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2737
By: Ehrhardt
Urban Affairs
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the Texas Department of Housing and Community Affairs
(TDHCA) is required to provide a single comprehensive report of funding
activities provided through TDHCA.  This annual state low income housing
report is provided for the use of the governor, the legislature, and the
public.  Some of the data provided to TDHCA for use in the report may be
flawed, while some of the information TDHCA needs for the report is not
being received.  Inaccurate and incomplete information may be having a
deleterious effect on the usefulness of the report as a tool for judging
the state of housing for low income Texans.  House Bill 2737 requires TDHCA
to provide a system by which housing statistics can be researched and
reported through the Internet.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Housing and
Community Affairs in SECTION 1 (Section 2306.077, Government Code) and
SECTION 2 (Section 2306.072, Government Code) of this bill.   

ANALYSIS

House Bill 2737 amends the Government Code to require the Texas Department
of Housing and Community Affairs (TDHCA) to provide for the filing through
the Internet of annual housing sponsor reports and for the reporting
through the Internet of vacant rental housing units designed for persons
with disabilities and funded by TDHCA.  The bill sets forth provisions
regarding reporting of information on the rental housing units for persons
with disabilities, including the system by which TDHCA will accept the
information and provide it to the public. The bill requires TDHCA by rule
to establish policies to require posting of housing information by all
owners of rental housing units funded in whole or part by TDHCA containing
20 or more rental units at least once a month during any month in which a
rental unit designed for persons with disabilities becomes vacant (Sec.
2306.077).   

The bill requires the analysis provided by TDHCA in its annual low income
housing report of fair housing opportunities in each housing development to
be based on the annual fair housing sponsor report (report) that is
required to be submitted by the owner of each rental property that has
received funds from TDHCA and contains 20 or more living units.  The bill
requires a report to include certain information regarding the property.   

The bill requires TDHCA by rule to adopt policies and procedures for the
filing of a report.  TDHCA is required to provide that failure to file a
report in a timely manner shall cause a property owner and investors in the
property to be prohibited from making application for or receiving any
funding or program benefit from TDHCA.  The bill requires TDHCA to have the
power to fine a housing sponsor up to $1,000 for each failure to file or
late filing of a report.  TDHCA is required to maintain this data in
electronic format and as a public record available to the public at no
cost.  The bill sets forth provisions requiring TDHCA to utilize the report
and other data to prepare demographic statistics, analyses, statements, and
reports (Sec. 2306.072).   

 EFFECTIVE DATE

September 1, 2001.