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78R7743 KEL-D
By: Mercer H.B. No. 1632
A BILL TO BE ENTITLED
AN ACT
relating to the administration of the low income housing tax credit
program by the Texas Department of Housing and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.6710(b), Government Code, is
amended to read as follows:
(b) If an application satisfies the threshold criteria, the
department shall score and rank the application using a point
system that:
(1) prioritizes in descending order criteria [based on
criteria that are adapted to regional market conditions and adopted
by the department, including criteria:
[(1)] regarding:
(A) quantifiable community participation with
respect to [the income levels of tenants of] the development;
(B) input from local and state elected officials
[the rent levels of the units];
(C) financial feasibility of the development
[the period of guaranteed affordability for low income tenants];
(D) the size, quality, and amenities of the units
[cost by square foot of the development];
(E) the income levels of tenants of the
development [size, quality, and amenities of the units];
(F) the rent levels of the units [services to be
provided to tenants of the development];
(G) the period of guaranteed affordability for
low income tenants [commitment of development funding by local
political subdivisions that enables additional units for
individuals and families of very low income]; [and]
(H) the cost by square foot [level of community
support for the application, evaluated on the basis of written
statements of support from local and state elected officials
representing constituents in areas that include the location] of
the development; [and]
(I) the services to be provided to tenants of the
development; and
(J) the commitment of development funding by
local political subdivisions that enables additional units for
individuals and families of very low income; and
(2) uses criteria imposing penalties on applicants or
affiliates who have requested extensions of department deadlines
relating to developments supported by housing tax credit
allocations made in the application round preceding the current
round.
SECTION 2. Section 2306.6717(b), Government Code, is
amended to read as follows:
(b) The department shall make available on the department's
website [provide] information regarding the low income housing tax
credit program, including notice regarding public hearings,
[board] meetings, [and] the opening and closing dates for
applications, submitted applications, and applications approved
for underwriting and recommended to the board, and shall provide
that information to:
(1) locally affected community groups;
(2) local and state elected officials;
(3) local housing departments;
(4) any appropriate [(2)] newspapers of general or
limited circulation that serve the community in which the
development is to be located;
(5) [(3)] nonprofit organizations;
(6) [(4)] on-site property managers of occupied
developments that are the subject of applications for posting in
prominent locations in those developments; and
(7) [(5)] any other interested persons and [,
including] community groups that [, who] request the information.
SECTION 3. Section 2306.6710(e), Government Code, is
repealed.
SECTION 4. Sections 2306.6725 and 2306.6732, Government
Code, are repealed.
SECTION 5. The change in law made by this Act applies only
to a proposed development for which an application for a low income
housing tax credit is submitted on or after the effective date of
this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.