By:  West                                                         S.B. No. 1592
	(In the Senate - Filed March 14, 2003; March 20, 2003, read 
first time and referred to Committee on Finance; May 7, 2003, 
reported adversely, with favorable Committee Substitute by the 
following vote:  Yeas 8, Nays 0, 2 present not voting; May 7, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1592                                   By:  Zaffirini

A BILL TO BE ENTITLED
AN ACT
relating to applications for and allocations of reservations of the state ceiling among issuers of qualified residential rental project bonds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1372.0231, Government Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows: (d) Except as provided by Subsection (d-1), before [Before] June 1, the board shall apportion the amount of the state ceiling set aside under Subsection (a)(2) among the uniform state service regions according to the percentage of the state's population that resides in each of those regions. (d-1) Before June 1, the board shall apportion the amount of the state ceiling set aside under Subsection (a)(2) only among uniform state service regions with respect to which an issuer has submitted an application for a reservation of the state ceiling on or before March 1. SECTION 2. Section 1372.0321, Government Code, as added by Chapters 1367 and 1420, Acts of the 77th Legislature, Regular Session, 2001, is reenacted and amended to read as follows: Sec. 1372.0321. PRIORITIES FOR RESERVATIONS AMONG ISSUERS OF QUALIFIED RESIDENTIAL RENTAL PROJECT ISSUES. (a) In granting reservations to issuers of qualified residential rental project issues, the board shall[: [(1)] give first priority to: (1) [(A)] projects in which: (A) 50 [100] percent of the residential units in the project [projects] are: (i) under the restriction that the maximum allowable rents are an amount equal to 30 percent of 50 percent of the area median family income minus an allowance for utility costs authorized under the federal low-income housing tax credit program; and (ii) reserved for families and individuals earning not more than 50 percent of the area median income; and (B) the remaining 50 percent of the residential units in the project are: (i) under the restriction that the maximum allowable rents are an amount equal to 30 percent of 60 percent of the area median family income minus an allowance for utility costs authorized under the federal low-income housing tax credit program; and (ii) reserved for families and individuals earning not more than 60 percent of the area median income; (2) projects in which: (A) 15 percent of the residential units in the project are: (i) under the restriction that the maximum allowable rents are an amount equal to 30 percent of 30 percent of the area median family income minus an allowance for utility costs authorized under the federal low-income housing tax credit program; and (ii) reserved for families and individuals earning not more than 30 percent of the area median income; and (B) the remaining 85 percent of the residential units in the project are: (i) under the restriction that the maximum allowable rents are an amount equal to 30 percent of 60 percent of the area median family income minus an allowance for utility costs authorized under the federal low-income housing tax credit program; and (ii) reserved for families and individuals earning not more than 60 percent of the area median income; (3) projects: (A) in which 100 percent of the residential units in the project are: (i) under the restriction that the maximum allowable rents are an amount equal to 30 percent of 60 percent of the area median family income minus an allowance for utility costs authorized under the federal low-income housing tax credit program; and (ii) reserved for families and individuals earning not more than 60 percent of the area median income; and (B) which are located in a census tract in which the median income, based on the most recent information published by the United States Bureau of the Census, is higher than the median income for the county, metropolitan statistical area, or primary metropolitan statistical area in which the census tract is located as established by the United States Department of Housing and Urban Development; or (4) [(B)] on or after June 1, projects that are located in counties, metropolitan statistical areas, or primary metropolitan statistical areas with area median family incomes at or below the statewide median family income established by the United States Department of Housing and Urban Development. (a-1) In granting reservations to issuers of qualified residential rental project issues, the board shall[; (2)] give second priority to projects in which 100 percent of the residential units in the project [projects] are under the restriction that the maximum allowable rents are an amount equal to 30 percent of 60 percent of the area median family income minus an allowance for utility costs authorized under the federal low-income housing tax credit program. (a-2) In granting reservations to issuers of qualified residential rental project issues, the board shall[; and (3)] give third priority to any other qualified residential rental project. (b) The board may not reserve a portion of the state ceiling for a first or second priority project described by this section [Subsection (a)] unless the board receives evidence that an application has been filed with the Texas Department of Housing and Community Affairs for the low-income housing tax credit that is available for multifamily transactions that are at least 51 percent financed by tax-exempt private activity bonds. SECTION 3. Subsection (a), Section 1372.006, Government Code, is amended to read as follows: (a) An application for a reservation under Subchapter B or a carryforward designation under Subchapter C must be accompanied by a nonrefundable fee in the amount of $500, except that for issuers of qualified residential rental project bonds the application must be accompanied by a nonrefundable fee of $5,000, $1,000 of which the board shall retain to offset the costs of the private activity bond allocation program and the administration of that program and $4,000 of which the board shall transfer through an interagency agreement to the Texas Department of Housing and Community Affairs for use in the affordable housing research and information program as provided by Section 2306.259, Government Code. SECTION 4. Subchapter K, Chapter 2306, Government Code, is amended by adding Section 2306.259 to read as follows: Sec. 2306.259. AFFORDABLE HOUSING RESEARCH AND INFORMATION PROGRAM. With money available under Section 1372.006(a), the department shall establish an affordable housing research and information program in which the department shall contract for: (1) periodic market studies to determine the need for housing for families of extremely low, very low, and low income in census tracts throughout the state; (2) research from qualified professionals to determine the effect of affordable housing developments on property values, social conditions, and quality of life in surrounding neighborhoods; (3) independent research in affordable housing design and development approaches that enhance community acceptance of affordable housing and improve the quality of life for the residents of the housing; and (4) public education and outreach efforts to assist the public in understanding the nature and purpose of affordable housing and the process for public participation in the administration of affordable housing programs. SECTION 5. (a) This Act takes effect September 1, 2003. (b) The change in law made by this Act applies only to an application for an amount of the state ceiling set aside for issuers of qualified residential rental project bonds in a year beginning on or after January 1, 2004. An application for an amount of the state ceiling set aside for issuers of qualified residential rental project bonds in 2003 is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
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