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Amend CSSB 999 as follows:
(1) In SECTION 1 of the bill, in added Section 2306.186(d),
Government Code (page 2, lines 8-14), strike "The reserve must be
continually maintained, with withdrawals permitted only to pay for
the cost of capital improvements needed for the development to
maintain habitability according to federal standards or local
codes, whichever are more restrictive. Evidence of an appropriate
level of funding in the reserve accounts must be established by an
annual audit as described by Subsection (k).".
(2) In SECTION 1 of the bill, in added Section 2306.186(e),
Government Code (page 2, lines 17-23), strike "including low-income
housing tax credits, the owner of a multifamily rental housing
development shall inspect the development at least once during each
five-year period to assess the repair needs of the development. The
owner shall submit the report to the department not later than the
30th day after the date of the inspection and after submission of
the report shall complete the identified repairs in a timely
manner" and substitute "the owner of a multifamily rental housing
development shall contract for a third-party physical needs
assessment at appropriate intervals that are consistent with lender
requirements with respect to the development. If the first lien
lender does not require a third-party physical needs assessment or
if the department is the first lien lender, the owner shall contract
with a third party to conduct a physical needs assessment at least
once during each five-year period beginning with the 11th year
after the awarding of any financial assistance for the development
by the department. The owner of the development shall submit to the
department copies of the most recent third-party physical needs
assessment conducted on the development, any response by the owner
to the assessment, any repairs made in response to the assessment,
and information on any necessary changes to the required reserve
based on the assessment".
(3) In SECTION 1 of the bill, in added Section 2306.186,
Government Code (page 2, lines 35-39), strike Subsection (h) and
substitute the following:
(h) The appropriate level of funding for a reserve account
is determined by department rule according to the physical needs
assessment required by Subsection (e). If the amount in a reserve
account is considered to be inadequate by the department based on
the physical needs assessment, the department shall reassess and,
if appropriate, revise the deposit amount required of the owner and
the level of department assistance provided for the development.
The reserve must be continually maintained as indicated by the
condition of the development according to the physical needs
assessment of the development.
(4) In SECTION 1 of the bill, in added Section 2306.186,
Government Code (page 2, lines 51-57), strike Subsection (k) and
reletter subsequent subsections accordingly.
(5) In SECTION 1 of the bill, in added Section 2306.186(m),
Government Code (page 3, lines 25-26), strike "conduct the
inspection and make the identified repairs as required by
Subsection (e)" and substitute "contract for the third-party
physical needs assessment and make the identified repairs as
required by this section".