HBA-NIK H.B. 3700 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3700 By: Shields Land & Resource Management 4/20/1999 Introduced BACKGROUND AND PURPOSE Government assisted housing exists in several different forms in Texas, and benefits many families. Some authorities and landlords purchase individual residences in single-family neighborhoods for the purpose of renting them out as federally subsidized housing. In some cases, the residents of subsidized housing exhibit undesirable behavior for which no criminal or civil remedy exists. The federally subsidized housing programs have rules regarding undesirable behavior and procedures for removing tenants who exhibit bad behavior, but the neighbors of such tenants are usually unaware of whether these misbehaving neighbors hold federally subsidized housing status. H.B. 3700 gives notice to nearby residents that a particular property is a federally subsidized housing unit, so that the federally subsidized housing complaint process can be initiated. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 301, Property Code, by adding Subchapter J, as follows: SUBCHAPTER J. NOTICE TO COMMUNITY OF INTENTION TO PURCHASE AND OPERATE GOVERNMENT-ASSISTED HOUSING. Sec. 301.180. Requires any person or entity who intends to purchase or operate assisted housing under any federal, state, county, or nonprofit housing assistance program to publish notice of intention to purchase or operate such housing in a newspaper of general circulation within the county where the property is located, on three separate days, at least 90 days before any contract to purchase the property is executed. Sec. 301.181. Requires the style of the notice to follow a specified format. SECTION 2. There is no SECTION 2 in this bill. SECTION 3. Adds Section 301.182, Property Code, as follows: (a) Requires each federal, state, county, or nonprofit Public Housing Authority (PHA) or nonprofit entity, or subsidiary organization of any of the above which owns or operates government assisted housing under any federal Housing and Urban Development housing assistance program to publish a comprehensive and complete list of every real property or estate owned or leased by the entity. Requires the list to contain a street address, approximate acreage, and volume and page number of the County Deed records where the most recent deed describing the property can be found. Requires each property list to have the name of the entity which owns it and a business phone number and Internet address printed next to the property. Requires the list to be published in the Texas Register every month on the first of the month, and in a newspaper of general circulation in each community in which the property or any part thereof is located. (b) Requires the list to be provided to each public library in the county in which the entity owns property. (c) Requires the list to be published monthly on the Internet, and requires the Internet address to be published in the Texas Register. (e) Provides an opportunity for persons to transmit comments on a housing subject on the Internet. (f) Defines "Internet" as the largest, nonproprietary, nonprofit, cooperative, public computer network. (g) Provides that the access to information allowed by this section is in addition to the public's free access to the information through other electronic or print distribution of the information. SECTION 4. Establishes that failure to publish the notice shall be a Class C misdemeanor for any person who signs the closing documents or operates the Section 8 low income housing. The Section 8 Program was authorized by the U.S. Congress in 1974 and developed by HUD to provide rental subsidies for eligible tenant families (including single persons) residing in newly constructed, rehabilitated and existing rental and cooperative apartment projects. SECTION 5. Establishes that to publish the notice shall give any resident of the county the right to sue to set aside transaction and recover attorney fees. SECTION 6. Provides that if a federal statute or court order conflicts with this subchapter, the federal law or court order prevails over this subchapter, but only to the extent necessary to comply with the federal law or court order. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause. Effective date: upon passage.