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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 developments financed through the private |
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activity bond program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 2306.67071, Government |
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Code, is amended to read as follows: |
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Sec. 2306.67071. ADDITIONAL APPLICATION REQUIREMENT: |
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DEVELOPMENTS FINANCED THROUGH PRIVATE ACTIVITY BOND PROGRAM |
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[NOTICE, HEARING, AND RESOLUTION BY CERTAIN GOVERNING BODIES]. |
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SECTION 2. Section 2306.67071, Government Code, is amended |
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by amending Subsections (a) and (d) and adding Subsection (c-1) to |
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read as follows: |
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(a) Before submitting to the department an application for |
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housing tax credits for developments financed through the private |
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activity bond program, including private activity bonds issued by |
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the department, the Texas State Affordable Housing Corporation, or |
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a local issuer, an applicant must provide notice of the intent to |
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file the application: |
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(1) to the state representative who represents the |
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district containing the proposed development site; and |
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(2) to: |
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(A) [(1)] the governing body of a municipality in |
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which the proposed development site is to be located; |
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(B) [(2)] subject to Paragraph (C) [Subdivision |
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(3)], the commissioners court of a county in which the proposed |
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development site is to be located, if the proposed site is to be |
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located in an area of a county that is not part of a municipality; or |
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(C) [(3)] the commissioners court of a county in |
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which the proposed development site is to be located and the |
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governing body of the applicable municipality, if the proposed site |
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is to be located in the extraterritorial jurisdiction of a |
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municipality. |
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(c-1) Regardless of whether the applicant has complied with |
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Subsection (c), the board may not approve an application for |
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housing tax credits for a development financed through the private |
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activity bond program if the state representative who represents |
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the district containing the proposed development site submits to |
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the department a letter opposing the development. |
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(d) The department by rule may provide for the time and |
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manner of the submission to the department of a resolution required |
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by Subsection (c) or a letter described by Subsection (c-1). |
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SECTION 3. 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 2026 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 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |