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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for applications for low income |
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housing tax credits for certain developments financed through the |
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private activity bond program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.67071, Government Code, is amended |
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by amending Subsections (b), (c), and (d) and adding Subsection (e) |
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to read as follows: |
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(b) A county with a population of 1.2 million or more or a |
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municipality with a population of 600,000 or more, as applicable, |
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shall hold a hearing at which public comment may be made on the |
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application. |
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(c) Except as provided by Subsection (e), the [The] board |
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may not approve an application for housing tax credits for |
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developments financed through the private activity bond program |
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unless the applicant has submitted to the department a certified |
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copy of a resolution from each applicable governing body described |
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by Subsection (a). The resolution must certify that: |
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(1) notice has been provided to each governing body as |
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required by Subsection (a); |
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(2) each governing body has had sufficient opportunity |
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to obtain a response from the applicant regarding any questions or |
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concerns about the proposed development; |
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(3) for a county or municipality described by |
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Subsection (b), the [each] governing body of the county or |
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municipality has held a hearing under that subsection [Subsection |
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(b)]; and |
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(4) after due consideration of the information |
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provided by the applicant and public comment, the governing body |
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does not object to the proposed application. |
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(d) Except as provided by Subsection (e), the [The] |
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department by rule may provide for the time and manner of the |
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submission to the department of a resolution required by Subsection |
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(c). |
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(e) The board may approve an application for housing tax |
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credits for developments financed through the private activity bond |
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program that will be located in a county or municipality described |
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by Subsection (b) if, before the 90th day after the date on which |
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all applicable governing bodies received notice of the application |
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under Subsection (a), the governing body does not: |
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(1) hold a hearing as required by Subsection (b); and |
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(2) pass a resolution described by Subsection (c) or |
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otherwise object to the application through an official decree. |
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SECTION 2. The change in law made by this Act applies only |
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to an application for low income housing tax credits that is |
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submitted to the Texas Department of Housing and Community Affairs |
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during an application cycle that is based on the 2024 qualified |
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allocation plan or a subsequent plan adopted by the governing board |
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of the department. An application that is submitted during an |
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application cycle that is based on an earlier qualified allocation |
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plan is governed by the law in effect on the date the application |
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cycle began, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |