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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for beneficial tax treatment related to a |
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leasehold or other possessory interest in a public facility used to |
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provide affordable housing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 303.042, Local Government Code, is |
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amended by amending Subsection (d) and adding Subsection (d-1) to |
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read as follows: |
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(d) An exemption under this section for a multifamily |
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residential development which is owned by a public facility |
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corporation created by a housing authority under this chapter and |
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which does not have at least 20 percent of its units reserved for |
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public housing units, applies only if: |
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(1) the housing authority holds a public hearing, at a |
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regular meeting of the authority's governing body, to approve the |
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development; [and] |
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(2) a resolution approving the development is adopted |
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by the governing body of each governmental unit authorized by law to |
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impose taxes on the property containing the development; and |
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(3) at least: |
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(A) 50 percent of the units in the multifamily |
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residential development are reserved for occupancy by individuals |
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and families earning less than 80 percent of the area median family |
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income; |
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(B) 12.5 percent of the units in the multifamily |
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residential development are reserved for occupancy by individuals |
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and families earning less than 60 percent of the area median family |
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income; and |
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(C) 12.5 percent of the units in the multifamily |
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residential development are reserved for occupancy by individuals |
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and families earning less than 30 percent of the area median family |
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income. |
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(d-1) The operator of a multifamily residential development |
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described by Subjection (d) may not base any refusal to rent a unit |
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to an individual or family on the individual's or family's |
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participation in the federal Section 8 Housing Choice Voucher |
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Program. |
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SECTION 2. The change in law made by Section 303.042(d), |
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Local Government Code, as amended by this Act, applies only to a |
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multifamily residential development that is approved by a housing |
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authority on or after the effective date of this Act. A multifamily |
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residential development that is approved by a housing authority |
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before the effective date of this Act is governed by the law in |
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effect on the date the development was approved, and the former law |
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is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |