By Madla                                              S.B. No. 1215
         77R7458 SGA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to priorities for issues of qualified residential rental
 1-3     project bonds under the private activity bond allocation program.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 1372.023, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 1372.023.  DEDICATION OF PORTIONS [PORTION] OF STATE
 1-8     CEILING TO TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. (a)
 1-9     Until August 25, of that portion of the state ceiling that is
1-10     available exclusively for reservations by issuers of qualified
1-11     mortgage bonds, one-third is available exclusively to the Texas
1-12     Department of Housing and Community Affairs for the purpose of
1-13     issuing qualified mortgage bonds.
1-14           (b) After January 1, of that portion of the state ceiling
1-15     that is available exclusively for reservations by issuers of
1-16     qualified residential rental project bonds, one-quarter is
1-17     available exclusively to the Texas Department of Housing and
1-18     Community Affairs for the purpose of issuing qualified residential
1-19     rental project bonds throughout the uniform state service regions.
1-20           SECTION 2. Subchapter B, Chapter 1372, Government Code, is
1-21     amended to conform to Section 2, Chapter 131, Acts of the 76th
1-22     Legislature, Regular Session, 1999, and is further amended by
1-23     adding Section 1372.0321 to read as follows:
1-24           Sec. 1372.0321.  PRIORITIES FOR RESERVATIONS AMONG ISSUERS OF
 2-1     QUALIFIED RESIDENTIAL RENTAL PROJECT ISSUES. (a)  After January 1,
 2-2     the remainder, after the dedication made by Section 1372.023(b), of
 2-3     the state ceiling available exclusively for use by issuers of
 2-4     qualified residential rental project bonds shall be allocated
 2-5     throughout the uniform state service regions according to a formula
 2-6     based on the population of each uniform state service region, with
 2-7     priority given to reservations by issuers of qualified residential
 2-8     rental project bonds as provided by Subsection (c).
 2-9           (b)  On or after July 1, any unreserved portion of the
2-10     remainder, after the dedication made by Section 1372.023(b), of the
2-11     state ceiling available exclusively for use by issuers of qualified
2-12     residential rental project bonds shall become available to any
2-13     issuer of any qualified residential rental project bonds requiring
2-14     an allocation, subject to Subsection (c).
2-15           (c)  In granting reservations to issuers of qualified
2-16     residential rental project issues, the board shall:
2-17                 (1)  give first priority to projects in which 100
2-18     percent of the residential units in the projects are under the
2-19     restriction that the maximum allowable rents are an amount equal to
2-20     30 percent of 50 percent of the area median family income minus an
2-21     allowance for utility costs authorized under the federal low-income
2-22     housing tax credit program;
2-23                 (2)  give second priority to projects in which 100
2-24     percent of the residential units in the projects are under the
2-25     restriction that the maximum allowable rents are an amount equal to
2-26     30 percent of 60 percent of the area median family income minus an
2-27     allowance for utility costs authorized under the federal low-income
 3-1     housing tax credit program; and
 3-2                 (3)  give third priority to any other qualified
 3-3     residential rental project.
 3-4           (d)  The board may not reserve a portion of the state ceiling
 3-5     for a first or second priority project described by Subsection (c)
 3-6     unless the board receives evidence that an application has been
 3-7     filed with the Texas Department of Housing and Community Affairs
 3-8     for the low-income housing tax credit that is available for
 3-9     multifamily transactions that are at least 51 percent financed by
3-10     tax-exempt private activity bonds.
3-11           SECTION 3. This Act takes effect September 1, 2001.