By Hill H.B. No. 2578
75R7226 SAW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of property to which a federal low income
1-3 housing tax credit applies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 2306, Government Code, is
1-6 amended by adding Section 2306.057 to read as follows:
1-7 Sec. 2306.057. SALE OF PROPERTY UNDER LOW INCOME HOUSING TAX
1-8 CREDIT PROGRAM. (a) In this section:
1-9 (1) "Compliance period" has the meaning assigned by
1-10 Section 42(i)(1), Internal Revenue Code of 1986 (26 U.S.C. Section
1-11 42(i)(1)).
1-12 (2) "Qualified nonprofit organization" has the meaning
1-13 assigned by Section 42(h)(5)(C), Internal Revenue Code of 1986 (26
1-14 U.S.C. Section 42(h)(5)(C)).
1-15 (b) If a recipient of a low income housing tax credit
1-16 intends to sell the property to which the credit applies, the
1-17 recipient shall notify the department of the recipient's intent to
1-18 sell the property not later than one year before the 15-year
1-19 compliance period for the property expires.
1-20 (c) The department shall notify qualified nonprofit
1-21 organizations of the opportunity to purchase the recipient's
1-22 property.
1-23 (d) The recipient shall grant a right of first refusal to a
1-24 nonprofit organization that makes a reasonable offer to purchase
2-1 the property for low income housing purposes.
2-2 (e) The department shall adopt rules to implement this
2-3 section.
2-4 SECTION 2. This Act takes effect September 1, 1997.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.