16
Texas Association of Builders
September/October 2015
Feature
SB 267 (Sen. Perry/Rep. Huberty)
Relating to the regulation by a
municipality or county of the rental or
leasing of housing accommodations.
Prohibits a municipality or county from adopting
or enforcing an ordinance that prohibits an
individual from refusing to lease or rent a housing
accommodation to a person due to a person's
source of income to pay rent, including funding
from a federal housing assistance program.
Provides for certain exceptions.
Effective Sept. 1, 2015.
SB 1315 (Sen. Watson/Rep. Anchia)
Relating to definition of an at-risk
development for the low income housing
tax credit program.
Allows HUD held
mortgages to compete within the at-risk set-aside
for housing credits.
Effective Sept. 1, 2015.
SB 1316 (Sen. Watson/Rep. Alvarado)
Relating to the system by which an
application for a low income housing
tax credit is scored.
Eliminates the scoring
item related to the commitment of development
funding by local political subdivisions for
affordable housing projects.
Effective Sept. 1, 2015.
SB 1989 (Sen. Menéndez/Rep. R.
Anderson)
Relating to underwriting
standards for developments receiving
an allocation of low income housing
tax credits administered by the Texas
Department of Housing and Community
Affairs.
Amends current law relating to
to apply to TDHCA as a rural area for purposes
of receiving financial assistance. Defines “urban
area.” Directs TDHCA to adopt rules, establish
procedures and provide eligibility standards in
compliance with federal law.
Effective Sept. 1, 2015.
HB 1510 (Rep. S. Thompson/Sen. Garcia)
Relating to liability of persons who
lease dwellings to persons with criminal
records.
States that a cause of action does
not accrue against a landlord solely for leasing
a dwelling to a tenant who has been convicted,
arrested or placed on deferred adjudication for a
crime. Does not preclude a cause of action if the
crime is violent or sexual and the landlord should
have known of the conviction.
Effective Jan. 1, 2016.
HB 2878 (Rep. Márquez/Sen. Rodríguez)
Relating to certain rental assistance
projects financed by private activity
bonds.
Allows the combination of more than
one “qualified residential rental project” into a
single project as part of participation in the U.S.
Department of Housing and Urban Development’s
(HUD) Rental Assistance Demonstration (RAD)
program. Bracketed to El Paso only.
Effective Sept. 1, 2015.
HB 2926 (Rep. Anchia/Sen. Hinojosa)
Relating to low income housing
tax credits awarded for at-risk
developments.
Defines “at-risk development”
as a development that receives assistance or will
receive assistance through HUD’s RAD program
as specified by the Consolidated and Further
Continuing Appropriations Act of 2012.
Effective Sept. 1, 2015.
HB 3311 (Rep. Alvarado/Sen. Nichols)
Relating to the scoring criteria for an
application for a low income housing tax
credit.
Prohibits TDHCA from awarding a general
population project a number of points that is
different than those awarded to a proposed
project exclusively for elderly persons. This will
ensure Texas’ senior citizens will have access to
affordable housing.
Effective Sept. 1, 2015.
HB 3535 (Rep. Collier/Sen. Menéndez)
Relating to low income housing
tax credits awarded for proposed
developments in targeted areas
for revitalization.
Makes revitalization
developments eligible for set-asides.
Effective Sept. 1, 2015.
HB 3576 (Rep. Alvarado/Sen. Menéndez)
Relating to restrictions on the
use, transfer, and sale of housing
developments that have received certain
financial assistance administered by
the Texas Department of Housing and
Community Affairs.
Enhances the value and
viability of affordable housing properties by
amending the Government Code to regarding
restrictions on the use, transfer and sale of
housing developments that have received
financial assistance from TCHCA, including right
of first refusal. Does not affect private contracts.
Effective Sept. 1, 2015.
Mandated Statewide Impact Fee – HB 3984
• TAB successfully defeated a bill that, as
filed, would have required every city in Texas
to impose a transportation impact fee of at
least 20%, in addition to existing impact
fees being collected. Part of the fee would
have been remitted to the state.
• Such an impact fee would essentially be
a direct tax on housing. Excess fees and
regulations have a negative effect on
the cost and affordability of new homes
and apartments.
Repeal of Residential Fire Sprinkler
Installation Prohibition – HB 4051
• Current law, as passed in 2009, prohibits
cities from mandating fire sprinklers in new
one or two family homes.
• HB 4051 would have repealed existing law
and given municipalities the authority to
require the installation of costly fire sprinkler
systems in new residential construction over
the objection of homeowners.
• If you apply the estimated cost of residential
fire sprinklers to the 98,000 homes built in
Texas in 2014, the cost to Texas consumers
if the legislation was fully implemented
The following is a small portion of bills that, if passed, would have been
detrimental
to the Texas housing industry and future
Texas home buyers. As a result of TAB’s strong opposition, the following sample of bills and many others did not pass.
ANTI-BUILDING BILLS
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*
Denotes a TAB Priority Bill
