I previously blogged about the fate of bills considered by the past session of the Texas Legislature that pertained to the Texas Department of Housing and Community Affairs (TDHCA). But, there were many more bills that related to the housing of lower income Texans that did not impact TDHCA. Here is a complete round-up of all the bills we worked on that we think impacted low-income Texans’ housing.
There is a color coding system to note whether we think a bill will help low-income Texans (first column) and reporting the fate of the bill (last column). If you just want to see what passed look at the bills with green in the right column.
Thanks to Robert Doggett, who did much of the work following these bills this session, for compiling this chart.
|
Housing Related Bills Given Attention by TxLIHIS*
|
|||||||
|
|
|||
|
Bill Number |
Author / Sponsor |
Brief description |
Status |
|
LANDLORD-TENANT BILLS
|
|||
|
HB 882 |
Rep. Eddie Rodriguez / Sen. Eltife |
Prohibits utilities from being interrupted unless for repairs, construction or emergency, regardless of how paid. Allows tenant to go to JP court to get utility restored the same day if illegally cutoff. (Eliminates need of legal aid attorney having to file suit in county/district court and obtain TRO, etc.) Bill was agreed. |
Signed by Governor |
|
|
|
|
|
|
SB 83
(also HB 2577) |
Sen. Nelson / Rep. Guillen |
Expands right of tenant to terminate lease when non-co-tenant engages in family violence or when tenant is a victim sex assault on the premises. Bill was agreed. |
Signed by Governor |
|
|
|
|
|
|
SB 1448
(also HB 1571) |
Sen. West / Rep. Thompson |
Enables tenants to obtain injunctive relief from JPs to remedy repair issues, and hearing is to be conducted within 6- 10 days. (Modeled off eviction procedure. Works for landlords. Eliminates need of a legal aid attorney having to file suit in county/district court to obtain TRO, etc.) Bill was agreed. |
Signed by Governor |
|
|
|
|
|
|
HB 1109
(also SB 716) |
Rep. Anchia / Sen. Carona |
An agreed fix to an error made last session by landlords in an omnibus bill that unintentionally granted tenants an extra day grace period before late fees could be charged. Bill rolls the grace period back a day. |
Signed by Governor |
|
|
|
|
|
|
SB 1715
|
Sen. West / Rep. Giddings |
Requires a smoke detector capable of alerting a hearing-impaired person be installed if requested by a hearing-impaired person. Bill was agreed. |
Signed by Governor |
|
|
|
|
|
|
HB 883 |
Rep. Rodriguez |
Eliminates additional lease penalties (“rent concessions”) for terminating early. [Tenants are reluctant to challenge these in court for fear of paying opposing atty fees, but even the chair of committee acknowledged during the hearing that these provisions are illegal penalties.] |
Reported from House B&I. Agreed to leave it there this session. |
|
|
|
|
|
|
HB 881 |
Rep. Rodriguez |
Allows a tenant to rescind the lease if the unit shown is substantially different than unit leased (e.g., tenant shown model unit in front of complex, but lease is actually for unit in back of property, less lighting, etc., and never shown unit until get the keys). |
Pending in House B&I. Agreed portion of bill relating to location of unit put in another bill but that bill did not pass.. |
|
|
|
|
|
|
HB 2824 |
Rep. Naishtat |
Requires appointment of counsel for indigent parties who appeal eviction to county court. |
Reported favorably from House B&I, but only enables appointment of pro bono counsel. No opposition to amended version.
Amended bill placed into SB 408 which was signed by Governor. |
|
|
|
|
|
|
HB 2427 |
Rep. Deshotel |
Allowed tenants to terminate for loss of job or violent crime; elimination of “rent concessions”; notice before entry; reporting of debt by landlord to credit reporting agencies; right to cure rent default; reimbursement for landlord’s use of tenant’s utility services. |
Assigned to House B&I. Never seriously considered. |
|
|
|
|
|
|
SB 1717
|
Sen. West / Rep. Y Davis |
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. ONLY applicable to tax credit properties. Bill, as filed, had no opposition, and favored by Texas Department of Housing and Community Affairs.
|
HB 3165 laid on table subject to call of chair
SB 1717 passed Senate; passed House as amended with HB 3064 by Bohac
Not signed by Gov but allowed to become law. |
|
|
|
|
|
|
HB 524 |
Rep. Christian |
Removes tenant representatives from housing authority boards. |
Reported favorably from House UA |
|
|
|
|
|
|
HB 3993 |
Rep. Dutton |
Removes protections passed previously to prevent predatory practices in lease-option contracts. |
Reported favorably from House B&I |
|
|
|
|
|
|
HB 3551 |
Rep. Bonnen |
Shortens eviction timelines (Texas already has one of the fastest eviction processes in the nation). Amended to merely require certain language be placed in the notice to vacate that was agreed and helpful to landlords and tenants. |
Passed House. |
|
|
|
|
|
|
SB 1398 |
Sen. West / Rep. Anchia |
Removed city’s right to require permit to lease. Bill was agreed. |
Passed Senate, reported from House Border. |
|
|
|
|
|
|
HB 1931
(also SB 1869) |
Rep. Thompson |
Gave Section 8 voucher holders right to judicial review of terminations of assistance. |
Pending in House UA. |
|
|
|
|
|
|
HB 3261 |
Rep. Naishtat |
Gave tenants notice before change in land use. |
Pending in House UA. |
|
AFFORDABLE HOUSING BILLS
|
|||
|
HB 2450
|
Rep Craig Eiland / Sen. Lucio |
Bill directs TDHCA to draft rules that would allow the agency to grant assistance (e.g., disaster) without having to clear title on a home whose owner is submitting an application for disaster recovery housing assistance. (Heir property is often found in low income communities, which is often the ones in need of assistance. The bill removes a serious impediment to getting help to those that need it most.) |
Passed in House; Passed in Senate as substituted. (SB 2292 added)
Signed by 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. |
Ref. to Urban Affairs; bill language was tacked onto SB 1717 and approved by both chambers
Passed as part of SB 1717
|
|
|
|
|
|
|
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 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.
|
Rec. for Local and Consent in House; language tacked onto HB 2450 which was approved by both chambers
Signed by the GOVERNOR
|
|
|
|
|
|
|
HB 3540
|
Rep Yvonne Davis |
Omnibus bill creating a Texas Housing Independence Campaign, task force, and various programs with multiple agencies designed to move elderly, disabled and homeless from state housing, to independent assisted housing. |
Reported from Urban Affairs as substituted
|
|
|
|
|
|
|
HB 4094
|
Rep Yvonne Davis |
A fair housing bill that creates a Governor’s 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 |
|
|
|
|
|
|
SB 679
(also HB 2296) |
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
|
Passed Senate; passed House as amended
Signed by the GOVERNOR |
|
|
|
|
|
|
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 2293 |
Sen. Lucio |
Requires annual accounting statements be given to purchasers of homes, when the seller finances the sale of the home. |
Ref. to Senate B&C. |
|
|
|
|
|
|
SB 2288
|
Sen Eddie Lucio |
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 House Border and Intergovernmental Affairs as substituted
|
|
|
|
|
|
|
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. |
Ref. to IRT |
|
|
|
|
|
|
SB 1449 |
Sen. West / Rep. Deshotel |
New procedure established to assist cities to rehabilitate hazardous properties. Agreed bill. |
Passed Legislature.
Signed by Governor. |
|
|
|
|
|
|
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.
Added to HB 2450 which passed and signed by Governor.
|
|
|
|
|
|
|
HB 2692 |
Rep. Rodriguez / Sen. Watson |
Allows City of Austin to establish inclusionary zoning within one mile of a commuter rail station |
Passed by Legislature.
Vetoed by Governor. |
|
COLONIAS BILLS
|
|||
|
SB 2253
(also HB 1656) |
Sen. Zaffirini / Rep. Guillen |
Assists colonias residents with utility connections despite failure of developers to properly plat property. |
Passed by Legislature.
Signed by Governor. |
|
|
|
|
|
|
HB 2833 |
Rep. Marquez / Sen. Shapleigh |
Building codes applied to unincorporated areas. |
Passed the Legislature.
Signed by Governor. |
|
|
|
|
|
|
HB 2275 |
Rep. Raymond / Sen. Zaffirini |
Task force to develop standards for subdivisions in unincorporated areas. |
Passed by Legislature.
Signed by Governor. |
|
|
|
|
|
|
HB 3929 |
Rep. Guillen |
Eliminated limitations on border development which would create more colonias |
Reported favorably from House Borders |
|
FORECLOSURE AND LENDING BILLS
|
|||
|
HB 80 |
Rep. Flynn |
Enable Texas to regulate credit reporting bureaus |
Reported favorably from House PIFS |
|
|
|
|
|
|
SB 472
(also SB 439, HB 421, HB 3426, SB 475, HB 3482, HB 1471, SB 979) |
Sen. Estes |
Foreclosure procedure bills. Provided better notice, longer opportunity to cure, and other improvements to foreclosure process from borrower’s perspective.
Significant time was expended on these bills – drafting, meetings, negotiations, hearings, etc. |
Different versions passed House and Senate. |
|
|
|
|
|
|
HB 1760
(also SB 1935) |
Rep. Thompson |
Extends statute of limitations for lending claims brought in defense of foreclosure. |
Pending in House B&I. |
|
|
|
|
|
|
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 prior to refi. |
Passed Senate; reported favorably from Business and Industry in the House
|
|
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. |
Ref. 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 2308
(also SB 1026)
|
Rep Yvonne Davis / Sen. Lucio |
Essentially creates a single family loan program through TDHCA designed to serve low income families and designed to have extra protections against foreclosure (“Secure Loan Program”). While legislation did not pass, Texas Department of Housing and Community Affairs favors the program and will attempt to implement it without legislative changes. |
Passed in House; reported as substituted from Senate IRT
|
|
|
|
|
|
|
HB 2309
(duplicate of SB 980)
|
Rep Yvonne Davis |
Creates forms to be filed by mortgage servicers with county clerks to contain information on real property foreclosure sales. TDHCA is directed to collect and publish the data online |
PENDING in Business and Industry
Bill was added to HB 3485 which was passed and then VETOED by the Governor |
|
|
|
|
|
|
SB 723
(also HB 3589)
|
Sen. Lucio |
Improved regulation of mortgage brokers |
Referred to Senate B&C |
|
|
|
|
|
|
SB 722 |
Sen. Lucio |
Required counseling from independent counselor or attorney prior to closing nontraditional mortgage loan for $125,000 or less |
Referred to Senate B&C |
|
|
|
|
|
|
HB 10 |
Rep. Solomons / Sen. Averitt |
Improved regulation of mortgage originators (required by federal law, but worked to ensure that borrower protections were fully included). |
Passed the Legislature.
Signed by Governor. |
|
|
|
|
|
|
HB 2694 |
Rep. Rodriguez |
Mortgage servicer duties |
Set on House Calendar |
|
|
|
|
|
|
HB 3252 |
Rep. Miklos |
Amended prerequisites for liability for violations of the laws related to high-cost home loans |
Reported favorably from House PIFS |
|
PROPERTY TAX ISSUES
|
|||
|
HB 406 |
Rep. Rodrguez / Sen Carona |
Improved protections for homeowners who lose home to tax (to the government or tax lender), and there are excess proceeds from the sale. |
Passed Legislature.
Signed by Governor. |
|
|
|
|
|
|
HB 1465 |
Rep. Paxton / Sen. Wentworth |
Tax lien joinders (technical clean up). |
Passed Legislature. Signed by Governor. |
|
|
|
|
|
|
HB 2897 |
Rep. Rodriguez |
Tax exemption assistance. Agreed bill. |
Referred to House Ways and Means. |
|
|
|
|
|
|
SB 2147
(also HB 4069) |
Sen. Patrick |
Changed the priority of tax liens consistent with other lienholders |
Referred to Senate Finance |
|
CONSUMER
|
|||
|
HB 1572 |
Rep. Thompson |
Placed a min statutory penalty for debt collection violations (e.g., threats of wage garnishment) |
Pending in House PIFS |
|
|
|
|
|
|
HB 3744
(also HB 3304, HB 3021, HB 3772) |
Rep. Marquez |
Regulation of payday and car title lenders (restrictions on use of credit service organization exception) |
Pending in House PIFS |
