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.