79R11374 QS-F


By:  Talton, Wong, Edwards, Dawson, Bailey,                       H.B. No. 1167
 
    et al.                                                                   

Substitute the following for H.B. No. 1167:                                   

By:  Menendez                                                 C.S.H.B. No. 1167


A BILL TO BE ENTITLED
AN ACT
relating to the Texas Department of Housing and Community Affairs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2306.001, Government Code, is amended to read as follows: Sec. 2306.001. PURPOSES. The purposes of the department are to: (1) assist [local governments] in: (A) providing essential housing [public] services for Texans of modest income [their residents]; and (B) overcoming financial, social, and environmental problems as they relate to community housing needs; (2) assist Texans in achieving an improved quality of life through the development of better communities by providing the financing necessary for housing for [provide for the housing needs of] individuals and families of modest income while acknowledging the importance of preserving the existing character of established neighborhoods [low, very low, and extremely low income and families of moderate income]; (3) contribute to the preservation, development, and redevelopment of neighborhoods and communities, including assisting [cooperation] in the preservation of government-assisted housing [occupied by individuals and families of very low and extremely low income]; (4) assist the governor and the legislature in coordinating federal and state housing programs [affecting local government]; (5) inform state officials and the public of the housing needs of the state [local government]; (6) serve as the lead agency for: (A) addressing at the state level the problem of homelessness in this state; (B) coordinating interagency efforts to address homelessness; and (C) addressing at the state level and coordinating interagency efforts to address any problem associated with homelessness[, including hunger]; and (7) serve as a source of information to the public regarding state [all] affordable housing resources available to local communities [and community support services in the state]. SECTION 2. Section 2306.002, Government Code, is amended to read as follows: Sec. 2306.002. POLICY; RULES. (a) The legislature finds that: (1) every resident of this state should have a decent, safe, and affordable living environment; (2) government at all levels should be involved in assisting individuals and families of low income in obtaining a decent, safe, and affordable living environment; [and] (3) the development and diversification of the economy, the elimination of unemployment or underemployment, and the development or expansion of commerce in this state should be encouraged; (4) there exists within all regions of this state a shortage of sanitary and safe residential housing at sale or rental prices that individuals and families of low income and families of moderate income can afford; (5) the shortage described by Subdivision (4) has contributed to and will contribute to the creation and persistence of substandard living conditions that are inimical to the health, welfare, and prosperity of the communities of all regions of this state and the residents of those communities; and (6) the minimization of administrative costs and requirements and the simplification of the financing system will maximize the available resources for affordable housing. (b) The highest priority of the department is to provide assistance to enable individuals and families of low and very low income to [who are not assisted by private enterprise or other governmental programs so that they may] obtain affordable housing or other services and programs offered by the department. (c) In accordance with its purposes and goals under this chapter, the department may not approve, adopt, or otherwise publish a rule that: (1) establishes standards or parameters that in any manner exceed or deviate from any applicable federal program requirements with regard to state administration of a federal housing program; or (2) imposes, or has the effect of imposing, on local governments or program applicants direct compliance requirements or costs that are not expressly required by federal or state law. (d) Subject to Subsection (c), the department may adopt rules necessary to fulfill the purposes of the department. SECTION 3. Section 2306.004, Government Code, is amended by amending Subdivisions (4) and (14) and adding Subdivisions (6-a), (12-a), (12-b), (12-c), (12-d), (23-a), (23-b), (28-a), (28-b), and (35) to read as follows: (4) "Department" means the Texas Department of Housing and Community Affairs or any successor agency. (6-a) "Economic submarket" means a group of borrowers who have common home mortgage loan market eligibility characteristics, including income level, credit history or credit score, and employment characteristics, that are similar to Standard and Poor's credit underwriting criteria. (12-a) "Forgivable loan" means a loan that a housing sponsor is not required to repay if certain conditions are met that the housing sponsor and the lender agreed on at the time of loan origination. (12-b) "Geographic submarket" means a geographic region in the state, including a county, census tract, or municipality, that shares similar levels of access to home mortgage credit from the private home mortgage lending industry, as determined by the department based on home mortgage lending data published by federal and state banking regulatory agencies. (12-c) "Grant" means an award of financial assistance that is in the form of money from the department to a housing sponsor for a specific purpose and that is not required to be repaid. For purposes of this chapter, a grant does not include a forgivable loan or other loan or an allocation of low income housing tax credits. (12-d) "Historically underserved urban area" means an urban area described by Section 2306.1116. (14) "Housing sponsor" means[: [(A)] an individual, [including an individual or family of low and very low income or family of moderate income,] joint venture, partnership, limited partnership, trust, firm, corporation, limited liability company, other form of business organization, or cooperative that is approved by the department as qualified to own, construct, acquire, rehabilitate, operate, manage, or maintain a housing development, subject to the regulatory powers of the department and other terms and conditions in this chapter[; or [(B) in an economically depressed or blighted area, or in a federally assisted new community located within a home-rule municipality, the term may include an individual or family whose income exceeds the moderate income level if at least 90 percent of the total mortgage amount available under a mortgage revenue bond issue is designated for individuals and families of low income or families of moderate income]. (23-a) "Neighborhood association" means an organization that is composed of persons living near one another within the organization's defined boundaries for the neighborhood and that has a primary purpose of working to maintain or improve the general welfare of the neighborhood. A neighborhood association includes a homeowners' association, a tenants' association, including a residents' council, or a property owners' association. A neighborhood association does not include: (A) a broader based community organization; (B) an organization composed of only board members of the organization; (C) a chamber of commerce; (D) a community development corporation; (E) a school-related organization; (F) the Lions, Rotary, and Kiwanis Clubs and similar civic organizations; (G) Habitat for Humanity; (H) Boys and Girls Clubs; (I) charities; (J) public housing authorities; or (K) any governmental entity. (23-b) "Person with a disability" means: (A) a person who has a physical, mental, or emotional impairment that: (i) is expected to be of long, continued, and indefinite duration; (ii) substantially impedes the person's ability to live independently; and (iii) is of such a nature that the disability could be improved by more suitable housing conditions; (B) a person who has a developmental disability, as defined by the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. Section 15001 et seq.); or (C) a person with disabilities, as defined by 24 C.F.R. Section 5.403. (28-a) "Rural area" means an area that is located: (A) outside the boundaries of a primary metropolitan statistical area or a metropolitan statistical area; (B) within the boundaries of a primary metropolitan statistical area or a metropolitan statistical area, if the statistical area has a population of 25,000 or less and does not share a boundary with an urban area; or (C) in an area that is eligible for funding by the Texas Rural Development Office of the United States Department of Agriculture. (28-b) "Rural development" means a development or proposed development that is located in a rural area. (35) "Urban area" means the area that is located within the boundaries of a primary metropolitan statistical area or a metropolitan statistical area other than an area described by Subdivision (28-a)(B) or (C). SECTION 4. Section 2306.008(b), Government Code, is amended to read as follows: (b) The department shall support the preservation of affordable housing under this chapter [section] by: (1) making low interest financing and grants available to private for-profit and nonprofit buyers who seek to acquire, preserve, and rehabilitate affordable housing; and (2) prioritizing available funding and financing resources for affordable housing preservation activities. SECTION 5. Section 2306.022, Government Code, is amended to read as follows: Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas Department of Housing and Community Affairs is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2009 [2011]. SECTION 6. Sections 2306.027 and 2306.028, Government Code, are amended to read as follows: Sec. 2306.027. ELIGIBILITY. (a) The governor shall appoint to the board public members who have a demonstrated interest in issues related to housing and community support services. A person appointed to the board must be a registered voter in the state and may not hold another public office. The governor shall endeavor to appoint to the board at least one person with experience as a member or leader of a neighborhood association. (b) Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees and shall be made in a manner that produces representation on the board of the different geographical regions of this state. The governor shall endeavor to appoint [Appointments] to the board persons who [must broadly] reflect the geographic, economic, cultural, and social diversity of the state, including ethnic minorities, persons with disabilities, and women. (c) A person may not be a member of the board if the person or the person's spouse: (1) is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department; (2) owns or controls, directly or indirectly, any [more than a 10 percent] interest in a business entity or other organization regulated by or receiving money from the department; or (3) uses or receives any [a substantial] amount of tangible goods, services, or money from the department other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. (d) Each board member shall publicly disclose, and periodically update, any ownership or other interest or involvement with a multifamily development or low income housing tax credit development, regardless of whether the development is located in this state or in another state. Sec. 2306.028. TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a department training program and an industry training program, if one is available at no cost to the department, that each comply [complies] with this section. (b) The department training program must provide the person with information regarding: (1) the legislation that created the department and the board; (2) the programs operated by the department; (3) the role and functions of the department and the board, including the role and functions of the department and the board with respect to the administration of the appeals and alternative dispute resolution processes under this chapter; (4) the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority; (5) the current budget for the department; (6) the results of the most recent formal audit of the department; (7) the requirements of: (A) the open meetings law, Chapter 551; (B) the public information law, Chapter 552; (C) the administrative procedure law, Chapter 2001; and (D) other laws relating to public officials, including conflict-of-interest laws; (8) the requirements of: (A) state and federal fair housing laws, including Chapter 301, Property Code, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Section 3601 et seq.), and the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et seq.); (B) the Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.); (C) the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.); and (D) the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.); and (9) any applicable ethics policies adopted by the department or the Texas Ethics Commission. (b-1) The industry training program must be presented by an organization that regularly conducts seminars or training in the field of banking, real estate, housing development, or housing construction and must provide information regarding the single family and multifamily bond programs and the federal housing programs administered by the department. If the department is unable to provide an industry training program to a specific person at no cost to the department, the industry training program requirement is deferred for that person only until a program is available at no cost to the department. (c) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending a [the] training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. SECTION 7. Sections 2306.032(b) and (d), Government Code, are amended to read as follows: (b) The board shall keep complete minutes of board meetings. The accounts, minutes, and other records, including meeting transcripts and transcript tapes, shall be maintained in their entirety by the department. The board shall maintain printed and electronic copies of the verbatim transcription of previous board meetings and make those copies available to the public on request. (d) The materials described by Subsection (c), if relevant to an award decision, must be made available to the public as required by Subsection (c) not later than the seventh day before the date of the meeting. Any other materials described by Subsection (c) must be made available to the public as required by Subsection (c) not later than the third day before the date of the meeting. The board may not consider at the meeting any material that is not made available to the public by the date required by this subsection. SECTION 8. Section 2306.0321(a), Government Code, is amended to read as follows: (a) The board shall adopt rules outlining a formal process for appealing in a timely and meaningful manner board and department decisions, including, in accordance with Section 2306.082, the use of an alternative dispute resolution process. SECTION 9. Section 2306.036(b), Government Code, is amended to read as follows: (b) The [After the election of a governor who did not approve the director's employment under Subsection (a), that] governor may remove the director and require the board to employ a new director in accordance with Subsection (a). [The governor must act under this subsection before the 90th day after the date the governor takes office.] SECTION 10. Section 2306.039(b), Government Code, is amended to read as follows: (b) Chapters 551 and 552 do [This section does] not apply to the personal or business financial information, including social security numbers, taxpayer identification numbers, or bank account numbers, submitted by an individual or family for a loan, grant, or other housing assistance under a program administered by the department or the Texas State Affordable Housing Corporation or from bonds issued by the department, except that the department and the corporation are permitted to disclose information about any applicant in a form that does not reveal the identity of the individual or family for purposes of determining eligibility for programs and in preparing reports required under this chapter. SECTION 11. Section 2306.070, Government Code, is amended to read as follows: Sec. 2306.070. BUDGET. (a) In preparing the department's legislative appropriations request, the department shall also prepare: (1) a report detailing the fees received, on a cash basis, for each activity administered by the department during each of the three preceding years; (2) an operating budget for the housing finance division; and (3) an explanation of any projected increase or decrease of three percent or more in fees estimated for the operating budget as compared to the fees received in the most recent budget year. (b) The department shall submit the report, operating budget, and explanation to the Legislative Budget Board, the Senate Finance Committee, and the House Appropriations Committee. SECTION 12. Section 2306.072(c), Government Code, is amended to read as follows: (c) The report must include: (1) a complete operating and financial statement of the department; (2) a comprehensive statement of the activities of the department during the preceding year to address the needs identified in the state low income housing plan prepared as required by Section 2306.0721[, including: [(A) a statistical and narrative analysis of the department's performance in addressing the housing needs of individuals and families of low and very low income; [(B) the ethnic and racial composition of individuals and families applying for and receiving assistance from each housing-related program operated by the department; and [(C) the department's progress in meeting the goals established in the previous housing plan; [(3) an explanation of the efforts made by the department to ensure the participation of individuals of low income and their community-based institutions in department programs that affect them; [(4) a statement of the evidence that the department has made an affirmative effort to ensure the involvement of individuals of low income and their community-based institutions in the allocation of funds and the planning process; [(5) a statistical analysis, delineated according to each ethnic and racial group served by the department, that indicates the progress made by the department in implementing the state low income housing plan in each of the uniform state service regions; [(6) an analysis, based on information provided by the fair housing sponsor reports required under Section 2306.0724 and other available data, of fair housing opportunities in each housing development that receives financial assistance from the department that includes the following information for each housing development that contains 20 or more living units: [(A) the street address and municipality or county in which the property is located; [(B) the telephone number of the property management or leasing agent; [(C) the total number of units, reported by bedroom size; [(D) the total number of units, reported by bedroom size, designed for individuals who are physically challenged or who have special needs and the number of these individuals served annually; [(E) the rent for each type of rental unit, reported by bedroom size; [(F) the race or ethnic makeup of each project; [(G) the number of units occupied by individuals receiving government-supported housing assistance and the type of assistance received; [(H) the number of units occupied by individuals and families of extremely low income, very low income, low income, moderate income, and other levels of income; [(I) a statement as to whether the department has been notified of a violation of the fair housing law that has been filed with the United States Department of Housing and Urban Development, the Commission on Human Rights, or the United States Department of Justice; and [(J) a statement as to whether the development has any instances of material noncompliance with bond indentures or deed restrictions discovered through the normal monitoring activities and procedures that include meeting occupancy requirements or rent restrictions imposed by deed restriction or financing agreements]; and (3) [(7)] a report on the geographic distribution of low income housing tax credits, the amount of unused low income housing tax credits, and the amount of low income housing tax credits received from the federal pool of unused funds from other states[; and [(8) a statistical analysis, based on information provided by the fair housing sponsor reports required by Section 2306.0724 and other available data, of average rents reported by county]. SECTION 13. Section 2306.0721(c), Government Code, is amended to read as follows: (c) The plan must include: (1) an estimate and analysis of the housing needs of the following populations in each uniform state service region: (A) individuals and families of moderate, low, very low, and extremely low income; (B) individuals with special needs; and (C) homeless individuals; (2) a proposal to use all available housing resources to address the housing needs of the populations described by Subdivision (1) by establishing funding levels for all housing-related programs; (3) an estimate of the number of federally assisted housing units available for individuals and families of low and very low income and individuals with special needs in each uniform state service region; (4) a description of state programs that govern the use of all available housing resources; (5) a resource allocation plan that targets all available housing resources to individuals and families of low and very low income and individuals with special needs in each uniform state service region; (6) a description of the department's efforts to monitor and analyze the unused or underused federal resources of other state agencies for housing-related services and services for homeless individuals and the department's recommendations to ensure the full use by the state of all available federal resources for those services in each uniform state service region; (7) strategies to provide housing for individuals and families with special needs in each uniform state service region; (8) a description of the amount of funds and low income housing tax credits allocated to the urban and rural areas of each uniform state service region in the preceding year for each federal or state housing or community service program [department's efforts to encourage in each uniform state service region the construction of housing units that incorporate energy efficient construction and appliances]; (9) an estimate and analysis of the housing supply in each uniform state service region; (10) an inventory of all publicly and, where possible, privately funded housing resources, including public housing authorities, housing finance corporations, community housing development organizations, and community action agencies; (11) strategies for meeting the [rural] housing needs of rural and historically underserved urban areas; (12) a biennial action plan for colonias that: (A) addresses current policy goals for colonia programs, strategies to meet the policy goals, and the projected outcomes with respect to the policy goals; and (B) includes information on the demand for contract-for-deed conversions, services from self-help centers, consumer education, and other colonia resident services in counties some part of which is within 150 miles of the international border of this state; (13) a summary of public comments received at a hearing under this chapter or from another source that concern the demand for colonia resident services described by Subdivision (12); (14) the formula for allocating housing resources described by Section 2306.111 and the allocation targets established under the formula; and (15) [(14)] any other housing-related information that the state is required to include in the one-year action plan of the consolidated plan submitted annually to the United States Department of Housing and Urban Development. SECTION 14. Section 2306.0722, Government Code, is amended to read as follows: Sec. 2306.0722. PREPARATION OF PLAN AND REPORT. (a) Before preparing the annual low income housing report under Section 2306.072 and the state low income housing plan under Section 2306.0721, the department shall meet with [regional planning commissions created under Chapter 391, Local Government Code,] representatives of groups with an interest in low income housing, nonprofit housing organizations, managers, owners, and developers of affordable housing, local government officials, residents of low income housing, and members of the Colonia Resident Advisory Committee. The department shall obtain the comments and suggestions of the representatives, officials, residents, and members about the prioritization and allocation of the department's resources in regard to housing. (b) In preparing the annual report under Section 2306.072 and the state low income housing plan under Section 2306.0721, the director shall: (1) coordinate local, state, and federal housing resources, including tax exempt housing bond financing and low income housing tax credits; (2) set priorities for the available housing resources to assist [help] the neediest individuals consistent with the requirements of this chapter; (3) evaluate the success of publicly financed [supported] housing programs; (4) survey and identify the unmet housing needs of individuals the department is required to assist; (5) ensure that housing programs benefit an individual without regard to the individual's race, ethnicity, sex, or national origin; (6) develop housing opportunities for individuals and families of low and very low income and individuals with special housing needs; (7) develop housing programs through an open, fair, and public process; (8) set priorities for assistance in a manner that is appropriate and consistent with the housing needs of the populations described by Section 2306.0721(c)(1); (9) incorporate recommendations that are consistent with the consolidated plan submitted annually by the state to the United States Department of Housing and Urban Development; (10) identify the organizations and individuals consulted by the department in preparing the annual report and state low income housing plan and summarize and incorporate comments and suggestions provided under Subsection (a) as the board determines to be appropriate; (11) develop a plan to respond to changes in federal funding and programs for the provision of affordable housing; (12) use the following standardized categories to describe the income of program applicants and beneficiaries: (A) 0 to 30 percent of area median income adjusted for family size; (B) more than 30 to 60 percent of area median income adjusted for family size; (C) more than 60 to 80 percent of area median income adjusted for family size; (D) more than 80 to 115 percent of area median income adjusted for family size; or (E) more than 115 percent of area median income adjusted for family size; (13) use the most recent census data combined with existing data from local housing and community service providers in the state, including public housing authorities, housing finance corporations, community housing development organizations, and community action agencies; and (14) provide the needs assessment information compiled for the report and plan to the Texas State Affordable Housing Corporation. SECTION 15. Sections 2306.081(a) and (b), Government Code, are amended to read as follows: (a) The department, through the division with responsibility for compliance matters, shall periodically monitor each project for compliance with all applicable requirements [the entire construction phase associated with any project] under this chapter. The monitoring level for each project must be based on the amount of financial risk directly related to the applicable lienhold interest of the department in [associated with] the project or the minimum level of any federally required compliance review, unless the department determines based on good cause that there is a reasonable justification for a higher level of monitoring for the project. Except for the affordable housing disposition properties monitored under the memorandum of understanding between the department and the Federal Deposit Insurance Corporation, the cost of compliance monitoring for each project for 2006 may not exceed $25 per monitored unit. For years after 2006, the annual compliance fee may be increased to more than $25 per monitored unit only as necessary to adjust for inflation as determined by the consumer price index published by the United States Department of Labor. (b) Unless the department determines based on good cause that there is a reasonable justification for a higher level of monitoring for the project, during [After completion of] a project's construction phase, the department shall monitor the construction [periodically review the performance] of the project only through the periodic review of the construction inspection reports submitted by the project architect. The department shall accept the certificate of substantial completion from the project architect as confirmation of the project's [to confirm the accuracy of the department's initial] compliance [evaluation] during the construction phase. SECTION 16. Section 2306.082, Government Code, is amended to read as follows: Sec. 2306.082. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The department shall [develop and] implement [a policy to encourage the use of]: (1) negotiated rulemaking procedures under Chapter 2008 for the adoption of department rules; and (2) appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the timely resolution of internal and external disputes under the department's jurisdiction. (b) The department's procedures relating to alternative dispute resolution must conform[, to the extent possible,] to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. The department's procedures must require that any adverse decision, other than a decision relating to an allocation of low income housing tax credits under Subchapter DD, be binding on the department. (c) The department shall designate a trained person to: (1) coordinate the implementation of the procedures [policy adopted] under Subsection (a); (2) serve as a resource for any training needed to implement those [the] procedures [for negotiated rulemaking or alternative dispute resolution]; and (3) collect data concerning the effectiveness of those procedures, as implemented by the department. SECTION 17. Section 2306.093, Government Code, is amended to read as follows: Sec. 2306.093. HOUSING ASSISTANCE GOAL. In administering the programs under this subchapter, the department [By action of the board the community affairs division] shall have a goal to apply a minimum of 25 percent of the community affairs division's total housing-related funds toward housing assistance for individuals and families of very low income. SECTION 18. Section 2306.111, Government Code, is amended by amending Subsections (b), (d), (e), and (f) and adding Subsections (c-3) and (d-2)-(d-7) to read as follows: (b) The department [housing finance division] shall adopt a goal to apply an aggregate minimum of 25 percent of the housing finance division's total housing funds toward housing assistance for individuals and families of extremely low and very low income if it is possible to obtain from other governmental sources the rental assistance operating subsidies that are necessary to meet that goal. (c-3) The department by rule shall set aside five percent of the funds available under Subsection (c) for the benefit of persons with a disability who live in non-participating rural areas that do not qualify to receive funds under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.) directly from the United States Department of Housing and Urban Development. Subject to Subsection (c-2), the department shall annually use $10 million of the funds available under Subsection (c) for multifamily housing development construction or rehabilitation in an application cycle that is open to all applicants eligible under Subsection (c-1). If the department does not receive a sufficient number of financially feasible applications for housing for persons with a disability or for multifamily housing development construction or rehabilitation during the first 120 days of the application cycle, the funds shall be made available for other purposes authorized under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.). (d) The department shall allocate housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.), housing trust funds administered by the department under Sections 2306.201-2306.206, and commitments issued under the federal low income housing tax credit program administered by the department under Subchapter DD to all urban areas, historically underserved urban [urban/exurban] areas, and rural areas of each uniform state service region based on a formula developed by the department that is based on the need for housing assistance and the availability of housing resources in those urban areas, historically underserved urban [urban/exurban] areas, if applicable, and rural areas, provided that the allocations are consistent with applicable federal and state requirements and limitations. The department shall use the information contained in its annual state low income housing plan and shall use other appropriate data to develop the formula. For purposes of the formula, in determining the availability of housing resources with respect to the department's multifamily housing development construction or rehabilitation programs, the department shall consider the dollar amount of multifamily tax exempt bonds, HOME funds used for multifamily housing development construction or rehabilitation, and financing provided by or through any governmental entity for construction or rehabilitation of multifamily housing developments that are restricted to individuals and families who earn 60 percent or less of the area median income as adjusted for family size. The department may not consider financing involved in the transfer of ownership of an existing development. If the department determines under the formula that an insufficient number of eligible applications for assistance out of funds or credits allocable under this subsection are submitted to the department from a particular uniform state service region, the department shall use the unused funds or credits allocated to that region for all urban areas, historically underserved urban [urban/exurban] areas, if applicable, and rural areas in other uniform state service regions based on identified need and financial feasibility. (d-2) Notwithstanding Subsection (d), if the department determines that there is less than $5 million in housing trust funds available in a calendar year to allocate according to Sections 2306.201-2306.206, the department may allocate the housing trust funds among the uniform state service regions without dividing the funds between urban and rural areas. For each uniform state service region, the department must make the first award of funds under this subsection to the applicant with the highest scoring rural application. (d-3) In administering the federal low income housing tax credit program under Subchapter DD, the department shall further subdivide the urban allocation in any uniform state service region containing a historically underserved urban area based on the ratio in population between the total number of historically underserved urban areas within an urban area and the population of the urban area as a whole. (d-4) Before the application of the regional allocation formula for calendar years 2006 and 2007, the department shall allocate an additional $2 million per year to uniform state service region nine, an additional $1 million per year to uniform state service region 13, and an additional $750,000 per year to uniform state service region 11 to alleviate the underfunding for those uniform state service regions in prior years. (d-5) The department may use forward commitments of housing tax credits in 2005 or 2006 to satisfy the provisions of Subsection (d-4). (d-6) In allocating federal low income housing tax credit commitments under Subchapter DD to developments within a uniform state service region, the department shall allocate five percent of the total amount of housing tax credits for developments in that region to developments in that region that are financed through the Texas Rural Development Office of the United States Department of Agriculture and that: (1) do not exceed 48 units if the development requires new construction; or (2) are any size if rehabilitation is involved. (d-7) Any funds allocated to developments that satisfy the requirements of Subsections (d-3)-(d-6) and that involve rehabilitation must come from the funds set aside for at-risk developments under Section 2306.6714. (e) The department shall include in its annual low income housing plan under Section 2306.0721: (1) the formula developed by the department under Subsection (d); and (2) the allocation targets established under the formula for the urban areas, historically underserved urban [urban/exurban] areas, if applicable, and rural areas of each uniform state service region. (f) The department shall include in its annual low income housing report under Section 2306.072 the amounts of funds and credits allocated to the urban areas, historically underserved urban [urban/exurban] areas, if applicable, and rural areas of each uniform state service region in the preceding year for each federal and state program affected by the requirements of Subsection (d). SECTION 19. Section 2306.111(c), Government Code, as amended by Chapters 1367 and 1448, Acts of the 77th Legislature, Regular Session, 2001, is reenacted and amended to read as follows: (c) Except as provided by Subsection (c-3), in [In] administering federal housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.), the department shall expend 100 [at least 95] percent of these funds for: (1) the benefit of non-participating small cities and rural areas that do not qualify to receive funds under the Cranston-Gonzalez National Affordable Housing Act directly from the United States Department of Housing and Urban Development; or (2) the preservation of existing affordable housing that receives financing from the United States Department of Agriculture. [All funds not set aside under this subsection shall be used for the benefit of persons with disabilities who live in areas other than small cities and rural areas.] SECTION 20. Section 2306.1111, Government Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows: (a) Notwithstanding any other state law and to the extent consistent with federal law, the department shall establish a uniform application and funding cycle for all single-family and multifamily housing programs administered by the department under this chapter, excluding any program described by Chapter 1372 and including a uniform application and funding cycle for housing sponsors of multifamily housing developments applying for: (1) housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.); (2) housing trust funds administered by the department under Sections 2306.201-2306.206; and (3) commitments issued under the federal low income housing tax credit program administered by the department under Subchapter DD. (a-1) The application acceptance periods for the programs described by Subsections (a)(1)-(3) must run concurrently. (a-2) If the department does not receive during the uniform application and funding cycle under Subsection (a) a sufficient number of financially feasible applications for housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.) or housing trust funds administered by the department under Sections 2306.201-2306.206, the department may consider additional applications. During the first 120 days of an application and funding cycle for housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.) or housing trust funds administered by the department under Sections 2306.201-2306.206, the department may not consider applications requesting a grant of funds. SECTION 21. Subchapter F, Chapter 2306, Government Code, is amended by adding Section 2306.1116 to read as follows: Sec. 2306.1116. HISTORICALLY UNDERSERVED URBAN AREAS. (a) A historically underserved urban area is a community that: (1) in uniform state service region three: (A) is located in Collin, Dallas, Denton, Ellis, Hood, Hunt, Kaufman, Johnson, Parker, Rockwall, or Tarrant County; (B) is not located within the municipal boundaries of Arlington, Dallas, or Fort Worth; and (C) does not meet the definition of a rural area; (2) in uniform state service region six: (A) is located in Chambers, Fort Bend, Harris, Liberty, Montgomery, or Waller County; (B) is not located within the municipal boundaries of Houston; and (C) does not meet the definition of a rural area; (3) in uniform state service region seven: (A) is located in Bastrop, Caldwell, Hays, Travis, or Williamson County; (B) is not located within the municipal boundaries of Austin; and (C) does not meet the definition of a rural area; or (4) in uniform state service region nine: (A) is located in Atascosa, Bexar, Comal, Guadalupe, or Wilson County; (B) is not located within the municipal boundaries of San Antonio; and (C) does not meet the definition of a rural area. (b) The identification of the counties described by Subsection (a) shall be periodically adjusted as necessary to conform with the definition or identification of metropolitan statistical areas for uniform state service regions three, six, seven, and nine. SECTION 22. Section 2306.1113, Government Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) During the period beginning on the date a project application is filed and ending on the date the board makes a final decision with respect to any approval of that application, a member of the board may not engage in any communication regarding a project application, other than an application that has been included in an alternative dispute resolution process under Section 2306.082, [communicate] with the following persons: (1) the applicant or a related party, as defined by state law, including board rules, and federal law; and (2) any person who is: (A) active in the construction, rehabilitation, ownership, or control of the proposed project, including: (i) a general partner or contractor; and (ii) a principal or affiliate of a general partner or contractor; or (B) employed as a lobbyist by the applicant or a related party. (c) The department may not adopt rules that: (1) impose the prohibition described by Subsection (a) on any person other than a board member; or (2) otherwise restrict communications with any person in the department, except as described by this section. SECTION 23. Section 2306.1114(a), Government Code, is amended to read as follows: (a) Not later than the 14th day after the date an application or a proposed application for housing funds described by Section 2306.111 has been filed, the department shall provide by regular mail written notice of the filing of the application or proposed application to the following persons: (1) the United States representative who represents the community containing the development described in the application; (2) members of the legislature who represent the community containing the development described in the application; (3) the presiding officer of the governing body of the political subdivision containing the development described in the application; (4) any member of the governing body of a political subdivision who represents the area containing the development described in the application; (5) the superintendent and the presiding officer of the board of trustees of the school district containing the development described in the application; and (6) any neighborhood associations that, on December 1 of the year immediately preceding the year of the relevant application deadline, are [organizations] on record with the department or the political subdivision containing the proposed site of the development described in the application, if the [state or county in which the development described in the application is to be located and whose] boundaries of the neighborhood association encompass the same elementary school attendance zone, or a portion of the same zone, as [contain] the proposed development site. SECTION 24. Section 2306.127, Government Code, is amended to read as follows: Sec. 2306.127. PRIORITY FOR CERTAIN COMMUNITIES. In a manner consistent with the regional allocation formula described under Section 2306.111(d) for programs other than the low income housing tax credit program administered under Subchapter DD, the department shall give priority through its housing program scoring criteria to communities that are located wholly or partly in: (1) a federally designated urban enterprise community; (2) an urban enhanced enterprise community; or (3) an economically distressed area or colonia. SECTION 25. Section 2306.142(d), Government Code, is amended to read as follows: (d) The department or its designee shall analyze the potential market demand, loan availability, and private sector home mortgage lending rates available to extremely low, very low, low, and moderate income borrowers in [the] rural areas [counties of the state], in census tracts in which the median family income is less than 80 percent of the median family income for the county in which the census tract is located, and in the region of the state adjacent to the international border of the state. The department or its designee shall establish a process for serving those rural areas [counties], census tracts, and regions through the single-family mortgage revenue bond program in a manner proportionate to the credit needs of those areas as determined through the department's market study. SECTION 26. Section 2306.147(a), Government Code, is amended to read as follows: (a) The board shall have the specific duty and power to establish a schedule of fees and penalties relating to the operation of the housing finance division and authorized by this chapter, including application, processing, loan commitment, origination, servicing, and administrative fees. The total amount of fees imposed in connection with the low income housing tax credit program administered by the department under Subchapter DD may not exceed the department's total costs in administering the program. SECTION 27. Section 2306.148, Government Code, is amended to read as follows: Sec. 2306.148. UNDERWRITING STANDARDS. The board shall have the specific duty and power to adopt underwriting standards based on industry norms and standards for loans made or financed by the housing finance division under its single family and multifamily bond programs. SECTION 28. Section 2306.150, Government Code, is amended to read as follows: Sec. 2306.150. PROPERTY STANDARDS. The board shall have the specific duty and power to adopt minimum property standards for housing developments financed or acquired with bond proceeds under this chapter. SECTION 29. Section 2306.171, Government Code, is amended to read as follows: Sec. 2306.171. GENERAL DUTIES OF DEPARTMENT RELATING TO PURPOSES OF HOUSING FINANCE DIVISION. The department shall: (1) develop policies and programs designed to increase the number of individuals and families of [extremely low,] very low[,] and low income and families of moderate income who [that] participate in the housing finance division's programs; (2) work with municipalities, counties, public agencies, housing sponsors, and nonprofit and for profit corporations to provide: (A) information on division programs; and (B) technical assistance to municipalities, counties, and nonprofit corporations; (3) encourage private for profit and nonprofit corporations and state organizations to match the division's funds to assist in providing affordable housing to individuals and families of low and very low income and families of moderate income; (4) develop policies and procedures to increase the number of individuals and families of extremely low income who benefit from the housing finance division's programs by attempting to match the financial assistance available through the division with any rental assistance operating subsidies that may be available from other governmental sources [provide matching funds to municipalities, counties, public agencies, housing sponsors, and nonprofit developers who qualify under the division's programs]; and (5) administer the state's allocation of federal funds provided under the rental rehabilitation grant program authorized by Section 17, Title I, of the United States Housing Act of 1937 (42 U.S.C. Section 1437o). SECTION 30. Section 2306.174, Government Code, is amended to read as follows: Sec. 2306.174. ACQUISITION AND DISPOSITION OF PROPERTY. The department may: (1) acquire, own, rent, lease, accept, hold, or dispose of any real, personal, or mixed property, or any interest in property, including a right or easement, in performing its duties and exercising its powers under this chapter, by purchase, exchange, gift, assignment, transfer, foreclosure, sale, lease, or otherwise; (2) hold, manage, operate, or improve real, personal, or mixed property, except that: (A) the department is restricted in acquiring property [under Section 2306.251] unless it is required to foreclose on a delinquent loan and elects to acquire the property at foreclosure; (B) the department shall make a diligent effort for a period not to exceed six months to sell a housing development acquired through foreclosure to a purchaser who will be required to pay ad valorem taxes on the housing development or, if such a purchaser cannot be found, to another purchaser; and (C) the department shall sell a housing development acquired through foreclosure not later than the second [third] anniversary of the date of acquisition unless the board adopts a resolution stating that a purchaser cannot be found after diligent search by the housing finance division, in which case the department shall continue to try to find a purchaser and shall sell the housing development when a purchaser is found; and (3) lease or rent land or a dwelling, house, accommodation, building, structure, or facility from a private party to carry out the housing finance division's purposes. SECTION 31. Section 2306.183, Government Code, is amended to read as follows: Sec. 2306.183. NEEDS OF QUALIFYING INDIVIDUALS AND FAMILIES IN RURAL AREAS, HISTORICALLY UNDERSERVED URBAN AREAS, AND SMALL MUNICIPALITIES. The department may adopt a target strategy to ensure that the credit and housing needs of qualifying individuals and families who reside in rural areas, historically underserved urban areas, and small municipalities are equitably served by the housing finance division. SECTION 32. Sections 2306.185(a)-(e), Government Code, are amended to read as follows: (a) The department shall adopt policies and procedures to ensure that, for a multifamily rental housing development funded through loans, grants, or tax credits under this chapter, the owner of the development: (1) maintains rents equal to or below the maximum allowable amount for the specific housing program [keeps the rents affordable for low income tenants for the longest period that is economically feasible]; and (2) provides regular maintenance to keep the development sanitary, decent, and safe and otherwise complies, if applicable, with the requirements of Section 2306.186. (b) In implementing Subsection (a)(1) [and in developing underwriting standards and application scoring criteria for the award of loans, grants, or tax credits to multifamily developments], the department shall ensure that the economic benefits of [longer affordability terms and] below market rate rents are accurately assessed and considered. (c) The department shall require that a recipient of funding maintain [maintains] the affordability of the multifamily housing development for the targeted income levels for the greater of: (1) the minimum affordability period under the respective federal or state program through which the financing is provided; or (2) [households of extremely low, very low, low, and moderate incomes for the greater of a 30-year period from the date the recipient takes legal possession of the housing or] the remaining term of any [the] existing [federal] government assistance. [In addition, the agreement between the department and the recipient shall require the renewal of rental subsidies if available and if the subsidies are sufficient to maintain the economic viability of the multifamily development.] (d) The development restrictions provided by Subsection (a) and Section 2306.269 are enforceable by the department[, by tenants of the development, or by private parties] against the initial owner or any subsequent owner. The department shall require a land use restriction agreement providing for enforcement of the restrictions by the department[, a tenant, or a private party] that includes the right of the prevailing party to recover reasonable attorney's fees [if the party seeking enforcement of the restriction is successful]. (e) Subsections (c) and (d) and Section 2306.269 apply only to multifamily rental housing developments to which the department is providing one or more of the following forms of assistance: (1) a loan [or grant] in an amount greater than 33 percent of the market value of the development on the date the recipient completed the construction of the development; (2) a loan guarantee for a loan in an amount greater than 33 percent of the market value of the development on the date the recipient took legal title to the development; [or] (3) a low income housing tax credit that provides more than 33 percent of the total development costs of the development; or (4) a grant. SECTION 33. Sections 2306.186(a)(1) and (4), Government Code, are amended to read as follows: (1) "Bank [trustee]" means a bank authorized to do business in this state[, with the power to act as trustee]. (4) "Reserve account" means an individual account: (A) created to fund any necessary repairs for a multifamily rental housing development; and (B) maintained by a first lien lender or bank [trustee]. SECTION 34. Sections 2306.186(b), (c), (d), (e), (h), (i), (j), and (l), Government Code, are amended to read as follows: (b) If the department has provided mortgage loan funds and is the first lien lender with respect to the multifamily rental housing development, each owner who receives a mortgage loan from the department [assistance] for a multifamily rental housing development [that contains 25 or more rental units] shall deposit annually into a reserve account: (1) [for the year 2004: (A)] not less than $150 per unit per year for units one to five years old; and (2) [(B)] not less than $200 per unit per year for units six or more years old[; and [(2) for each year following the year 2004, the amounts per unit per year as described by Subdivision (1)]. (c) A land use restriction agreement or restrictive covenant between the owner and the department must require the owner to begin making annual deposits to the reserve account on the date that occupancy of the multifamily rental housing development stabilizes or the date that permanent financing for the development is completely in place, whichever occurs later, and shall continue making deposits until the earliest of the following dates: (1) the date of any [involuntary] change in ownership of the development; (2) the date on which the owner suffers a total casualty loss with respect to the development or the date on which the development becomes functionally obsolete, if the development cannot be or is not restored; (3) the date on which the development is demolished; (4) the date on which the development ceases to be used as multifamily rental property; or (5) the end of the affordability period specified by the land use restriction agreement or restrictive covenant. (d) If the department is not the first lien lender with respect to a multifamily rental housing development, the department may not impose on the owner of that development any department requirements relating to the preparation of a physical needs assessment or the creation, maintenance, or funding of a reserve account. [With respect to multifamily rental developments, if the establishment of a reserve fund for repairs has not been required by the first lien lender, the development owner shall set aside the repair reserve amount as a reserve for capital improvements. The reserve must be established for each unit in the development, regardless of the amount of rent charged for the unit.] (e) Beginning with the 11th year after the year in which the department awards a mortgage loan [awarding of any financial assistance] for the development that results in [by] the department becoming the first lien lender with respect to the development, the owner of a multifamily rental housing development shall contract for a third-party physical needs assessment to determine the conformity of the development to local health, safety, and building codes [at appropriate intervals that are consistent with lender requirements with respect to the development]. The [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 year in which the department awards a mortgage loan for the development that results in the department becoming the first lien lender with respect to the development [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. (h) The duties of the owner of a multifamily rental housing development under this section cease on the earliest of the dates described by Subsection (c) [date of a voluntary change in ownership of the development], but the subsequent owner of the development is subject to the deposit, inspection, and notification requirements of Subsections (b), (c), (d), and (e). (i) The first lien lender shall maintain the reserve account. [In the event there is no longer a first lien lender, then Subsections (b) and (d) no longer apply.] (j) The department shall adopt rules that: (1) establish requirements and standards regarding: (A) for first lien lenders and banks [bank trustees]: (i) maintenance of reserve accounts and reasonable costs of that maintenance; (ii) asset management; (iii) transfer of money in reserve accounts to the department to fund necessary repairs; and (iv) oversight of reserve accounts and the provision of financial data and other information to the department; and (B) for owners, inspections of the multifamily rental housing developments and identification of necessary repairs, including requirements and standards regarding construction, rehabilitation, and occupancy that may enable quicker identification of those repairs; (2) identify circumstances in which money in the reserve accounts may: (A) be used for expenses other than necessary repairs, including property taxes or insurance; and (B) fall below mandatory deposit levels without resulting in department action; (3) define the scope of department oversight of reserve accounts and the repair process; (4) provide the consequences of any failure to make a required deposit, including a definition of good cause, if any, for a failure to make a required deposit; (5) specify or create processes and standards to be used by the department to obtain repairs for developments; (6) define for purposes of Subsection (c) the date on which occupancy of a development is considered to have stabilized and the date on which permanent financing is considered to be completely in place; and (7) provide for appointment of a bank [trustee] as necessary under this section. (l) The provisions of this [This] section requiring reserve accounts or physical needs assessments do [does] not apply to a development for which an owner is required to maintain a reserve account under any other provision of federal or state law. If the department has previously imposed under this section a requirement relating to a reserve account or a physical needs assessment on a development that is required to maintain a reserve account under any other provision of federal or state law, the department shall prepare an amendment to the land use restriction agreement or restrictive covenant removing the requirement. SECTION 35. Sections 2306.202 and 2306.203, Government Code, are amended to read as follows: Sec. 2306.202. USE OF HOUSING TRUST FUND. (a) The department, through the housing finance division, shall use the housing trust fund to provide loans, grants, or other comparable forms of assistance to local units of government, public housing authorities, for-profit organizations, nonprofit organizations, and income-eligible individuals, families, and households to finance, acquire, rehabilitate, and develop decent, safe, and sanitary housing. To enhance the self-sustaining nature of the housing trust fund, the department shall structure its award process to encourage applications for loans instead of grants by scheduling two application periods as follows: (1) a loan application period that is open concurrently with the low income housing tax credit application filing period provided by Subchapter DD; and (2) a grant application period that is open only if there is available money not already allocated for loans in the application period described by Subdivision (1). [In each biennium the first $2.6 million available through the housing trust fund for loans, grants, or other comparable forms of assistance shall be set aside and made available exclusively for local units of government, public housing authorities, and nonprofit organizations. Any additional funds may also be made available to for-profit organizations so long as at least 45 percent of available funds in excess of the first $2.6 million shall be made available to nonprofit organizations for the purpose of acquiring, rehabilitating, and developing decent, safe, and sanitary housing. The remaining portion shall be competed for by nonprofit organizations, for-profit organizations, and other eligible entities. Notwithstanding any other section of this chapter, but subject to the limitations in Section 2306.251(c), the department may also use the fund to acquire property to endow the fund.] (b) Use of the fund is limited to providing: (1) assistance for individuals and families of low and very low income; (2) [technical] assistance to housing sponsors for the purpose of [and capacity building to nonprofit organizations engaged in] developing housing for individuals and families of low and very low income; and (3) security for repayment of revenue bonds issued to finance housing for individuals and families of low and very low income. Sec. 2306.203. RULES REGARDING ADMINISTRATION OF HOUSING TRUST FUND. The board shall adopt rules to administer the housing trust fund, including rules providing: (1) that the division give priority to programs that maximize federal resources; (2) for a process to set priorities for use of the fund, including the distribution of fund resources under a competitive application [request for a proposal] process developed and approved by the board; (3) that the applications [criteria used to rank proposals] be ranked based on a point system using only the following criteria, in descending order of priority [will include the]: (A) the extent to which individuals and families of low and very low income are served by the development [leveraging of federal resources]; (B) the leveraging of non-governmental funding sources, with points awarded in proportion to how much non-governmental money is used per person served, based on a calculation of 1.5 persons per bedroom [cost-effectiveness of a proposed development]; [and] (C) support for the development from the state representative and state senator for the district in which the development is to be located; (D) whether the proposal is for a loan of housing trust funds instead of a grant; and (E) other criteria established by the department that are not inconsistent with the priorities under this subdivision [extent to which individuals and families of very low income are served by the development]; (4) that funds may not be made available to a development that permanently and involuntarily displaces individuals and families of low income; (5) that the board attempt to allocate funds to achieve a broad geographical distribution with: (A) special emphasis on equitably serving rural and nonmetropolitan areas; and (B) consideration of the number and percentage of income-qualified families in different geographical areas; and (6) that multifamily housing developed or rehabilitated through the fund remain affordable to income-qualified households for the term of the loan or, if a grant has been awarded, for at least 30 [20] years. SECTION 36. Section 2306.205(f), Government Code, is amended to read as follows: (f) In addition to the money transferred into the housing trust fund under this section, and subject to Subsection (e), the department shall transfer into the fund the amount of any origination fee, asset oversight fee, and servicing fee [the department or] the Texas State Affordable Housing Corporation receives in relation to the administration of its 501(c)(3) bond program established pursuant to Section 2306.358 that exceeds the amount needed by [the department or] the Texas State Affordable Housing Corporation to pay its operating and overhead costs and fund reserves, including an insurance reserve or credit enhancement reserve established by the board of the corporation in administering the program. The corporation shall transfer to the department the fee amounts described by this subsection to enable the department to discharge its duties under this subsection. SECTION 37. Section 2306.227, Government Code, is amended to read as follows: Sec. 2306.227. PREPAYMENT OF MORTGAGE LOANS. A mortgage loan made under this chapter may be prepaid at any time before [to] maturity [after the period of years and under the terms and conditions determined by the board]. SECTION 38. Section 2306.229, Government Code, is amended by adding Subsection (c) to read as follows: (c) For each loan made for the development of multifamily housing with funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.), the department shall obtain a mortgagee's title policy in the amount of the loan. The department may not designate a specific title insurance company to provide the mortgagee title policy or require the borrower to provide the policy from a specific title insurance company. The borrower shall select the title insurance company to close the loan and to provide the mortgagee title policy. SECTION 39. Sections 2306.252(a), (b), and (c), Government Code, are amended to read as follows: (a) The board shall establish a housing resource center in the housing finance division. The department shall fund the center with money available under Section 1372.006(a). (b) The housing resource [department, through the] center[,] shall: (1) provide educational material prepared in plain language to the public [housing advocates, housing sponsors, borrowers, and tenants]; and (2) [provide technical assistance to nonprofit housing sponsors; [(3)] assist in the development of housing policy, including the annual state low income housing plan and report and the consolidated plan[; and [(4) provide, in cooperation with the state energy conservation office, the Texas Commission on Environmental Quality, and other governmental entities, information on the use of sustainable and energy efficient housing construction products and assist local governments and nonprofits in identifying information on sustainable and energy efficient housing construction and energy efficient resources and techniques]. (c) The housing resource center is intended to assist individuals, local organizations, and local governments in providing for the housing needs of individuals and families in their communities by providing information available to the center to housing contractors, for-profit and nonprofit housing sponsors, community-based organizations, and local governments on: (1) local housing needs; (2) housing programs; (3) available funding sources; and (4) programs that affect the creation, improvement, or preservation of housing affordable to individuals and families of low and very low income. SECTION 40. Section 2306.253(d), Government Code, is amended to read as follows: (d) To [In order to] implement this section, the department may use money available to the department for housing purposes that the department is not prohibited from spending on the homebuyer education program, including: (1) any [the amount of administrative or service] fees the department charges persons to attend a homebuyer education program [receives from the issuance or refunding of bonds that exceeds the amount the department needs to pay its overhead costs in administering its bond programs]; and (2) money the department receives from other entities by gift or grant under a contract. SECTION 41. Sections 2306.254(b) and (d), Government Code, are amended to read as follows: (b) The department may encourage, but may not require, [shall structure the requirements for] the provision of tenant services in any multifamily housing development [so that tenant services provided through housing programs are coordinated with similar services provided through state workforce development and welfare programs]. The department shall encourage [emphasize] tenant services that are coordinated with similar services provided through state workforce development and welfare programs and that are provided by third parties at no cost to the residents or that are eligible for [additional] federal matching funds through workforce development or welfare-related programs. (d) The coordinator shall meet in Austin at least quarterly with representatives of the Texas Workforce Commission, the Texas Department of Human Services, the Department of Protective and Regulatory Services, and the Legislative Budget Board to: (1) update coordination of tenant services with workforce development and welfare-related programs; and (2) discuss funding sources for tenant services programs[; and [(3) report on the status of tenant services programs, including reporting on the number of clients and types of services offered]. SECTION 42. Section 2306.257, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) The department may provide assistance through a housing program under this chapter only to an applicant who certifies the applicant's compliance with any applicable state and federal fair housing laws[: [(1) state and federal fair housing laws, including Chapter 301, Property Code, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. Section 3601 et seq.), and the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3601 et seq.); [(2) the Civil Rights Act of 1964 (42 U.S.C. Section 2000a et seq.); [(3) the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.); and [(4) the Rehabilitation Act of 1973 (29 U.S.C. Section 701 et seq.)]. (a-1) The board shall adopt rules requiring the department to obtain annually from housing program participants the information necessary to enable the department to comply with state and federal reporting requirements related to the laws described by Subsection (a). Each item of information requested from the participant by the department must include a citation to the statutory authority authorizing the request of the information. SECTION 43. Section 2306.268, Government Code, is amended to read as follows: Sec. 2306.268. RENTS AND CHARGES. The department shall approve and may change from time to time a schedule of rents and charges for a housing development operated by the department [under Section 2306.251]. SECTION 44. Section 2306.269, Government Code, is amended to read as follows: Sec. 2306.269. TENANT [AND MANAGER] SELECTION. (a) The department may [shall] set standards for tenant [and management] selection by a housing sponsor. (b) The department shall prohibit a multifamily rental housing development funded or administered by the department, including a development supported with a housing tax credit allocation under Subchapter DD, from: (1) excluding an individual or family from admission to the development solely because the individual or family participates in the housing choice voucher program under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f); and (2) using a financial or minimum income standard for an individual or family participating in the voucher program described by Subdivision (1) that requires the individual or family to have a monthly income of more than three [2 1/2] times the individual's or family's share of the total monthly rent payable to the owner of the development. SECTION 45. Sections 2306.271(b) and (d), Government Code, are amended to read as follows: (b) The housing finance division shall require a housing sponsor to certify the actual housing development costs on completion of the housing development. Any certification of costs must be accompanied by an unqualified audit of the actual housing development costs prepared by a certified public accountant in accordance with generally accepted accounting principles and generally accepted auditing standards[, subject to audit and determination by the department]. (d) In this section, "housing development costs" means the total of all reasonable and necessary costs incurred in financing, creating, or purchasing a housing development, including a single-family dwelling[, approved by the department as reasonable and necessary]. The costs may include: (1) the value of land and buildings on the land owned by the sponsor or the cost of acquiring land and buildings on the land, including payments for options, deposits, or contracts to purchase properties on the proposed housing site; (2) costs of site preparation, demolition, and development; (3) expenses relating to the issuance of bonds; (4) fees paid or payable in connection with the planning, execution, and financing of the housing development, including fees to: (A) architects; (B) engineers; (C) attorneys; (D) accountants; or (E) the housing finance division on the department's behalf; (5) costs of necessary studies, surveys, plans, permits, insurance, interest, financing, tax and assessment costs, and other operating and carrying costs during construction; (6) costs of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, and apparatus related to the real property; (7) costs of land improvements, including landscaping and off-site improvements, whether or not the costs have been paid in cash or in a form other than cash; (8) necessary expenses for the initial occupancy of the housing development; (9) a reasonable profit and a [risk] fee for developer services in addition to job overhead to the general contractor or limited profit housing sponsor; (10) an allowance [established by the department] for working capital and contingency reserves and reserves for anticipated operating deficits during the first two years of occupancy; and (11) the cost of other items, including tenant relocation if tenant relocation costs are not otherwise provided for, [that the department determines are reasonable and necessary for the development of the housing development,] less net rents and other net revenues received from the operation of the real and personal property on the development site during construction. SECTION 46. Sections 2306.313(a) and (b), Government Code, are amended to read as follows: (a) The department or[, with the department's approval,] the housing sponsor of a housing development may terminate the tenancy or interest of an individual or family whose gross income exceeds the income level allowed for admission if retaining the individual or family as occupants would violate the income limitations for the applicable affordable housing program [by more than 25 percent for six months or more]. (b) A tenancy or interest of an individual or family in a housing development may not be terminated except on reasonable notice [and opportunity to obtain suitable alternate housing under the department's rules]. SECTION 47. Section 2306.6701, Government Code, is amended to read as follows: Sec. 2306.6701. PURPOSE. (a) The department shall administer the low income housing tax credit program to: (1) encourage the development and preservation of appropriate types of rental housing for households that have difficulty finding suitable, affordable rental housing in the private marketplace; (2) maximize the number of suitable, affordable residential rental units added to the state's housing supply; (3) maintain [prevent losses for any reason to] the state's supply of suitable, affordable residential rental units by enabling the rehabilitation of rental housing or by providing other preventive financial support under this subchapter; [and] (4) provide for and encourage the participation of for-profit organizations in the acquisition, development, and operation of affordable housing developments; and (5) provide for and encourage the participation of nonprofit organizations in the acquisition, development, and operation of affordable housing developments [in urban and rural communities]. (b) The department may not approve, adopt, or otherwise publish a rule that: (1) establishes standards or parameters that in any manner exceed or deviate from the regulatory requirements of Section 42, Internal Revenue Code of 1986; or (2) imposes, or has the effect of imposing, on local governments or on applicants direct compliance requirements or costs that are not expressly required by state or federal law. SECTION 48. Section 2306.6702(a), Government Code, is amended by amending Subdivisions (4), (5), (10), and (15) and adding Subdivision (4-a) to read as follows: (4) "Application round" means the period beginning on the date the department begins accepting applications and continuing until all available housing tax credits are allocated[, but not extending past the last day of the calendar year]. (4-a) "Area median gross household income" means the area median gross household income as determined for all purposes in accordance with the requirements of Section 42, Internal Revenue Code of 1986. (5) "At-risk development" means a development that: (A) has received the benefit of a subsidy in the form of a below-market interest rate loan, interest rate reduction, rental subsidy, Section 8 housing assistance payment for at least 10 percent of the units in the development, rental supplement payment, or rental assistance payment[, or equity incentive] under the following federal laws, as applicable: (i) Sections 221(d)(3) and (5), National Housing Act (12 U.S.C. Section 1715l); (ii) Section 236, National Housing Act (12 U.S.C. Section 1715z-1); (iii) Section 202, Housing Act of 1959 (12 U.S.C. Section 1701q); (iv) Section 101, Housing and Urban Development Act of 1965 (12 U.S.C. Section 1701s); (v) [the Section 8 Additional Assistance Program for housing developments with HUD-Insured and HUD-Held Mortgages administered by the United States Department of Housing and Urban Development; [(vi) the Section 8 Housing Assistance Program for the Disposition of HUD-Owned Projects administered by the United States Department of Housing and Urban Development; [(vii)] Sections 514, 515, and 516, Housing Act of 1949 (42 U.S.C. Sections 1484, 1485, and 1486); [or] (vi) [(viii)] Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42); or (vii) project-based assistance authority under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f et seq.); and (B) is subject to the following conditions: (i) the stipulation to maintain affordability in the contract granting the subsidy is within two years of [nearing] expiration or has expired but has the ability to be reinstated; or (ii) the federally insured mortgage on the development is eligible for prepayment or is nearing the end of its term. (10) "Qualified allocation plan" means a plan adopted by the board under this subchapter that: (A) provides the threshold and[,] scoring[, and underwriting] criteria based on housing priorities of the department that are [appropriate to local conditions; [(B)] consistent with this chapter [Section 2306.6710(e), gives preference in housing tax credit allocations to developments that, as compared to the other developments: [(i) when practicable and feasible based on documented, committed, and available third-party funding sources, serve the lowest income tenants per housing tax credit; and [(ii) produce for the longest economically feasible period the greatest number of high quality units committed to remaining affordable to any tenants who are income-eligible under the low income housing tax credit program]; and (B) [(C)] provides a procedure for the department, the department's agent, or another private contractor of the department to use in monitoring compliance with the qualified allocation plan and this subchapter. (15) "Threshold criteria" means the criteria used to determine whether the development satisfies the minimum level of acceptability for consideration established by Section 2306.67042 [in the department's qualified allocation plan]. SECTION 49. Section 2306.6703, Government Code, as amended by Chapters 330 and 1106, Acts of the 78th Legislature, Regular Session, 2003, is reenacted and amended to read as follows: Sec. 2306.6703. INELIGIBILITY FOR CONSIDERATION. (a) An application is ineligible for consideration under the low income housing tax credit program if: (1) at the time of application or at any time during the two-year period preceding the date the application round begins, the applicant or a related party is or has been: (A) a member of the board; or (B) the director, a deputy director, the director of housing programs, the director of compliance, the director of underwriting, [or] the low income housing tax credit program manager employed by the department, or a member of the department committee that selects applications for approval; (2) the applicant proposes to replace in less than 15 years any private activity bond financing of the development described by the application, unless: (A) the applicant proposes to maintain for a period of 30 years or more 100 percent of the development units supported by housing tax credits as rent-restricted and exclusively for occupancy by individuals and families earning not more than 50 percent of the area median income, adjusted for family size; and (B) at least one-third of all the units in the development are public housing units or Section 8 project-based units; [or] (3) the applicant proposes to develop [construct] a new construction development that is located one linear mile or less from a development that: (A) serves the same type of household as the new development[, regardless of whether the developments serve families, elderly individuals, or another type of household]; (B) has received an allocation of housing tax credits for new construction at any time during the three-year period preceding the date the application round begins; and (C) has not been withdrawn or terminated from the low income housing tax credit program; [or] (4) the development is located in a municipality or, if located outside a municipality, a county that has more than twice the state average of units per capita supported by housing tax credits or private activity bonds, unless the applicant: (A) obtains [has obtained prior] approval of the development from the governing body of the appropriate municipality or county containing the development; and (B) provides, not later than the 30th day before the date the board first meets to consider applications for an allocation of housing tax credits, [has included in the application] a written statement of support from that governing body referencing this section and authorizing an allocation of housing tax credits for the development; or (5) the applicant or an affiliate of the applicant has a familial or financial relationship with a board member or an employee of the department. (b) Subsections [Subsection] (a)(3) and (4) do [does] not apply to a development: (1) that is using: (A) federal HOPE VI funds received through the United States Department of Housing and Urban Development; (B) locally approved funds received from a public improvement district or a tax increment financing district; (C) funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12701 et seq.); [or] (D) funds provided to the state and participating jurisdictions under the Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et seq.); or (E) funds provided under Section 515, Housing Act of 1949 (42 U.S.C. Section 1485); (2) that is located in a county with a population of less than one million; [(2) that is located outside of a metropolitan statistical area;] or (3) that a local government where the project is to be located has by vote specifically allowed the development [construction] of a new construction development located within one linear mile or less from a development under Subsection (a). (c) The department by rule may identify additional factors that make an application ineligible for consideration, including additional actions or relationships of a housing sponsor, developer, or other person in the development process or of any person that has at least a 10 percent interest in or is otherwise in control of the housing sponsor, developer, or other person in the process. SECTION 50. Subchapter DD, Chapter 2306, Government Code, is amended by adding Section 2306.67035 to read as follows: Sec. 2306.67035. SPECIAL REQUIREMENTS FOR RURAL AND HISTORICALLY UNDERSERVED URBAN AREAS. (a) An application for housing tax credits from funds available for rural areas must be limited to: (1) the rehabilitation of a development of any size; or (2) the development of a new construction development that contains not more than 76 units. (b) A new construction development that contains more than 76 units and is located in a rural area is eligible only for funds available for urban areas, including funds available for historically underserved urban areas, regardless of the development's location. SECTION 51. Section 2306.6704, Government Code, is amended by amending Subsections (b-1), (c), and (d) and adding Subsection (e) to read as follows: (b-1) The preapplication process must require the applicant to provide the department with evidence that the applicant has notified the following entities with respect to the filing of the application: (1) any neighborhood associations that, on December 1 of the year immediately preceding the year of the application deadline, are [organizations] on record with the department or the municipality or county containing the proposed development site, if the [state or county in which the development is to be located and whose] boundaries of the neighborhood association encompass the same elementary school attendance zone, or a portion of the same zone, as [contain] the proposed development site; (2) [the superintendent and the presiding officer of the board of trustees of the school district containing the development; [(3)] the presiding officer of the governing body of any municipality containing the development and all elected members of that body; (3) [(4)] the presiding officer of the governing body of the county containing the development and all elected members of that body; and (4) [(5)] the state senator and state representative of the district containing the development. (c) The department shall reject and return to the applicant any application assessed by the department under this section that fails to satisfy the threshold criteria specified by Section 2306.67042 [required by the board in the qualified allocation plan]. (d) If feasible under Section 2306.67041, an application under this section may [must] be submitted electronically. (e) The department shall specify the date for filing an application under this section. The last date for submitting an application under this section may not be earlier than February 1. SECTION 52. Subchapter DD, Chapter 2306, Government Code, is amended by adding Section 2306.67042 to read as follows: Sec. 2306.67042. THRESHOLD CRITERIA. (a) To be eligible for scoring under Section 2306.6710, an application for an allocation of housing tax credits must satisfy only the threshold criteria provided by this chapter. (b) The application developed by the department must be completed and submitted in a timely manner. (c) The application must include: (1) information regarding the location of the proposed development, including a legal description of the proposed site and county or, if applicable, municipal lot maps of the proposed site and a current title policy or title commitment for the development; (2) documentation of all of the public notifications required by this subchapter; (3) a financial statement provided by the applicant and any person that has at least a 10 percent ownership interest in the development owner, the developer, or the entity that will guarantee any obligation of the development owner; (4) information demonstrating that the applicant has the experience and the financial capacity to ensure project completion; (5) documentation that confirms the applicant's eligibility for all set-asides under which the applicant is seeking funding; (6) a certification that the development will: (A) adhere to the requirements of the Property Code relating to residential tenancies, including the requirements relating to security devices; (B) comply with the appropriate accessibility standards required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), and specified under 24 C.F.R. Part 8, Subpart C, to the same extent required for developments receiving federal financial assistance and the appropriate accessibility requirements adopted by the Texas Department of Licensing and Regulation under its Texas Accessibility Standards; and (C) adhere to local building codes or, if no local building codes are in place, the most recent version of the International Building Code; (7) a certification that the applicant has no final unresolved findings of state or federal fair housing law violations; and (8) a certification of the basic amenities that will be made available for the benefit of all tenants, such as: (A) full perimeter fencing; (B) a designated playground and equipment; (C) a community laundry room or laundry hook-ups in units; (D) a furnished community room; (E) recreation facilities; or (F) at least one public telephone available to tenants 24 hours a day. (d) To establish the experience necessary to ensure project completion under Subsection (c)(4), the development owner, the owner's controlling person, or the developer must provide documentation satisfactory to the department verifying the completion of at least 100 residential units, or 36 residential units if the applicant is applying for an allocation of housing tax credits for a development located in a rural area, and the meaningful participation of the owner, controlling person, or developer in the development. (e) The development must provide the following amenities in each unit without charge to the tenant: (1) for all new construction units, three communication networks as follows: (A) one network for telephone service installed using CAT5e or better wiring; (B) a second network for data installed using CAT5e or better wiring; and (C) a third network for television service installed using coaxial cable; (2) mini-blinds or window coverings for all windows; (3) except for developments receiving financing from the Texas Rural Development Office of the United States Department of Agriculture or development involving the rehabilitation of existing buildings, a dishwasher and disposal; (4) a refrigerator; (5) an oven and range; (6) exhaust and vent fans in bathrooms; and (7) ceiling fans in living areas and bedrooms. (f) If fees in addition to rent are charged for an amenity reserved for an individual tenant's use, the amenity may not be included in the application. (g) A development with more than 36 units must provide at least four of the amenities listed under Subsection (c)(8). A development with not more than 36 units or a development that receives funding under Section 515, Housing Act of 1949 (42 U.S.C. Section 1485), must provide at least two of the amenities listed under Subsection (c)(8). (h) The developer must: (1) install a public notification sign at the proposed development site before the date the application is submitted; or (2) through regular mail provide a notice that contains the information required to be included on a public notification sign to: (A) all addresses for which zoning notification would be required by the municipality; or (B) for developments located in communities that do not have zoning, communities that do not require zoning notification, or communities located outside of a municipality, all addresses located within 1,000 feet of any part of the proposed development site. (i) The department shall adopt rules detailing: (1) the information required to be included on a public notification sign; and (2) the type of proof required by the department that the sign has been installed or notice has been mailed. (j) The application must include the architectural drawings identified by Subsection (k) or (l), as applicable. Full-size design or construction documents are not required, but the drawings must have an accurate and legible scale and show the dimensions of the development. (k) An application for a development involving new construction or the rehabilitation of existing buildings with units not configured in the unit pattern proposed in the application must provide: (1) a site plan; (2) floor plans for each type of residential building and each type of common area building; and (3) floor plans and elevations for each type of residential building and each type of common area building that clearly depict the height of each floor. (l) An application for a development involving the rehabilitation of existing buildings for which the unit configurations are not being altered must provide: (1) a site plan; and (2) floor plans for each type of residential building and each type of common area building. (m) To satisfy the requirements of Subsections (k) and (l), an application must include a boundary survey of the proposed development site and of the property to be purchased. If property is to be purchased beyond the proposed site of the development, the survey must clearly distinguish between the boundaries of the larger site and the site of the development. The survey must also clearly delineate the floodplain boundary lines and all easements applicable to the proposed development site. The survey may be of any date. (n) The application must include a description of the development's development costs and corresponding credit request and syndication information, including, as applicable: (1) the information required by Section 2306.6705; (2) a copy of a census map clearly showing that the development is located within a qualified census tract as determined by the secretary of housing and urban development; (3) a schedule of any off-site costs; and (4) if proposed site work costs include unusual or extraordinary items or exceed $7,500 per unit, a detailed cost breakdown prepared by an architect or engineer. (o) The application must include evidence of readiness to proceed, including the following: (1) evidence of site control in the name of the development owner; and (2) evidence of financing sufficient to fund the proposed total housing development cost less money requested from the department and any other sources documented in the application, including, as applicable: (A) bona fide financing in place as evidenced by a valid and binding loan agreement and a deed of trust in the name of the development owner that: (i) identifies the mortgagor as the applicant or, if the applicant is a partnership, identifies the mortgagor as the entities that constitute the general partner; or (ii) expressly allows the transfer to the development owner; (B) a bona fide commitment or term sheet for the interim and permanent loans issued by a lending institution or mortgage company that is actively and regularly engaged in the business of lending money that: (i) is addressed to the development owner or, if the owner is a partnership, to the entities that constitute the general partner; and (ii) has been executed by the lender; or (C) any federal, state, or local gap financing, whether of soft or hard debt. (p) The evidence provided under Subsection (o)(2) must include, at a minimum, evidence from the lending agency that an application for funding has been made and a term sheet that clearly describes the amount and terms of the funding and the date by which the funding determination will be made and any commitment issued. Evidence of an application for funding from another department program is not required. (q) The term of a loan under Subsection (o)(2) must be for a minimum of 15 years with at least a 30-year amortization. The commitment for financing must state an expiration date and all the terms and conditions applicable to the financing, including the mechanism for determining the interest rate, if applicable, the anticipated interest rate, and any required guarantors. A commitment may be conditional on the completion of specified due diligence by the lender and on the allocation of housing tax credits. (r) The application must include a description of the development's proposed ownership structure and the applicant's previous experience as follows: (1) a chart that clearly: (A) illustrates the complete organizational structure of the development owner, providing the names and ownership percentages of all persons having an ownership interest in the development owner; and (B) discloses: (i) any person that will serve as the developer of the development; (ii) any person that will guarantee any obligation of the development owner; and (iii) any person that has at least a 10 percent ownership interest in the development owner, the developer, or the person that will guarantee any obligation of the development owner; and (2) evidence that each entity shown on the organizational chart under Subdivision (1) has provided a copy of the completed and executed previous participation and background certification form to the department. (s) The application must include a description of the development's projected income and operating expenses as follows: (1) a 15-year pro forma estimate of operating income and expenses and supporting documentation used to generate projections; (2) if rental assistance, an operating subsidy, or an interest rate reduction payment is proposed for the development, a description of the source and type of assistance, the number of units receiving the assistance, and the term and expiration date of the contract or other agreement; and (3) documentation of the source of the utility allowance estimate used in completing the rent schedule. (t) An application for a housing tax credit allocation from the nonprofit set-aside must include the documents described by Section 2306.6706. An application involving a nonprofit general partner must include the documents described by that section regardless of whether the application seeks a housing tax credit allocation from the nonprofit set-aside. (u) An applicant applying under the nonprofit set-aside must provide the following information with respect to the nonprofit organization: (1) a copy of the page from the articles of incorporation or bylaws indicating that one of the exempt purposes of the nonprofit organization is to provide low income housing; (2) a copy of the page from the articles of incorporation or bylaws indicating that the nonprofit organization prohibits a member of its board of directors, other than a chief staff member serving concurrently as a member of the board, from receiving material compensation for service on the board; and (3) a copy of the nonprofit organization's most recent audited financial statement. (v) To be eligible for a housing tax credit allocation from the nonprofit set-aside, an applicant must meet the requirements of Section 2306.6706(b). (w) Subsection (u)(2) does not prohibit an attorney from serving as a board member while receiving compensation for legal service, provided that the attorney is not compensated merely for board membership. (x) An applicant affiliated with the seller of the development must provide the following documentation: (1) an appraisal of the property that is not more than 12 months old on the date the appraisal is submitted to the department; (2) a valuation report from the county tax appraisal district; (3) clear identification of the seller and details of any relationship between the seller and the applicant; and (4) documentation of the original acquisition or development cost and any other verifiable or justifiable costs of owning, improving, or holding the property that support the proposed acquisition price. (y) An applicant applying for housing tax credits in connection with the acquisition of an existing housing development must provide, in addition to the documentation required under Subsection (x), information to establish that the development is eligible for an allocation of those credits. For an occupied development undergoing rehabilitation, an applicant must provide, if available: (1) historic monthly operating statements for 12 consecutive months ending not more than four years before the date the information is provided; or (2) the two most recent consecutive annual operating statements. (z) The appraisal under Subsection (x)(1) must be submitted not later than the 30th day after the date the application is submitted to the department. The appraisal must separately state the as-is, preacquisition, or transfer value of the property and the improvements where applicable. (aa) The following documents must be submitted not later than the 30th day after the date the application is submitted to the department: (1) except as provided by Subsection (bb), a Phase I Environmental Site Assessment on the subject property, dated not more than 12 months before the date the application is submitted to the department; and (2) except as provided by Subsection (cc), a comprehensive market analysis prepared at the applicant's expense by a disinterested qualified market analyst in accordance with Section 2306.67055. (bb) If a Phase I Environmental Site Assessment on the development is dated more than 12 months before the date the application is submitted to the department, the applicant must supply the department with an updated letter or updated report dated at least three months before the date the application is submitted from the organization that prepared the initial assessment confirming that the site has been reinspected and reaffirming the conclusions of the initial report or identifying the changes since the initial report. Developments that receive any funding from the United States Department of Agriculture or the United States Department of Housing and Urban Development are not required to submit a Phase I Environmental Site Assessment. (cc) A market analysis is not required for applications that involve the rehabilitation of an existing property that receives funding from the United States Department of Agriculture. SECTION 53. Section 2306.6705, Government Code, is amended to read as follows: Sec. 2306.6705. GENERAL APPLICATION REQUIREMENTS. The department may not require that an application contain information in addition to that required by this chapter. An application must contain [at a minimum] the following written, detailed information in a form prescribed by the board: (1) a description of: (A) the financing plan for the development, including any nontraditional financing arrangements; (B) the use of funds with respect to the development; (C) the funding sources for the development, including: (i) construction, permanent, and bridge loans; and (ii) rents, operating subsidies, and replacement reserves; and (D) the commitment status of the funding sources for the development; (2) if syndication costs are included in the eligible basis, a justification of the syndication costs for each cost category by an attorney or accountant specializing in tax matters; (3) from a syndicator or a financial consultant of the applicant, an estimate of the amount of equity dollars expected to be raised for the development in conjunction with the amount of housing tax credits requested for allocation to the applicant, including: (A) pay-in schedules; and (B) syndicator consulting fees and other syndication costs; (4) if rental assistance or[,] an operating subsidy[, or an annuity] is proposed for the development, any related contract or other agreement securing those funds and an identification of: (A) the source and annual amount of the funds; (B) the number of units receiving the funds; and (C) the term and expiration date of the contract or other agreement; (5) if the development is located within the boundaries of a political subdivision with a zoning ordinance, evidence in the form of a letter from the chief executive officer of the political subdivision or from another local official with jurisdiction over zoning matters that states that: (A) the development is permitted under the provisions of the ordinance that apply to the location of the development; or (B) the applicant is in the process of seeking the appropriate zoning and has signed and provided to the political subdivision a release agreeing to hold the political subdivision and all other parties harmless in the event that the appropriate zoning is denied; (6) if an occupied development is proposed for rehabilitation,[: [(A) an explanation of the process used to notify and consult with the tenants in preparing the application; [(B)] a relocation plan outlining: (A) how the rehabilitation process will affect any existing tenants [(i) relocation requirements]; and (B) [(ii)] a budget for any permanent or temporary relocation of tenants, with an identified funding source; [and [(C) if applicable, evidence that the relocation plan has been submitted to the appropriate local agency;] (7) a certification of the applicant's compliance with appropriate state and federal laws, as required by other state law or by the board; and (8) [any other information required by the board in the qualified allocation plan; and [(9)] evidence that the applicant has notified the following entities with respect to the filing of the application: (A) any neighborhood associations that, on December 1 of the year immediately preceding the year of the application deadline, are [organizations] on record with the department or the municipality or county containing the proposed development site, if the [state or county in which the development is to be located and whose] boundaries of the neighborhood association encompass the same elementary school attendance zone, or a portion of the same zone, as [contain] the proposed development site; (B) the superintendent and the presiding officer of the board of trustees of the school district containing the development; (C) the presiding officer of the governing body of any municipality containing the development and all elected members of that body; (D) the presiding officer of the governing body of the county containing the development and all elected members of that body; and (E) the state senator and state representative of the district containing the development. SECTION 54. Subchapter DD, Chapter 2306, Government Code, is amended by adding Section 2306.67053 to read as follows: Sec. 2306.67053. LIMITATION ON REQUIREMENTS UNDER THIS SUBCHAPTER. In setting requirements under this subchapter, the board and the department may not adopt rules or otherwise mandate the unit mix or bedroom arrangement of any development not reserved exclusively for occupancy by elderly individuals. SECTION 55. Section 2306.6706(b), Government Code, is amended to read as follows: (b) To be eligible for a housing tax credit allocation from the nonprofit set-aside, a nonprofit organization must: (1) control a majority of the development; (2) materially participate in the development and operation of the development throughout the compliance period [if the organization's application is filed on behalf of a limited partnership, be the managing general partner]; and (3) otherwise meet the requirements of Section 42(h)(5), Internal Revenue Code of 1986 (26 U.S.C. Section 42(h)(5)). SECTION 56. Section 2306.6709(b), Government Code, is amended to read as follows: (b) The application log must contain at least the following information: (1) the names of the applicant and related parties; (2) the physical location of the development, including the relevant region of the state; (3) the amount of housing tax credits requested by [for allocation by the department to] the applicant; (4) any set-aside category under which the application is filed; (5) in strict compliance with Section 2306.6710 of this chapter and Section 42(m)(1)(B), Internal Revenue Code of 1986, the score of the application in each scoring category contained in [adopted by the department under] the qualified allocation plan; (6) any decision made by the department or board regarding the application, including the [department's decision regarding whether to underwrite the application and the] board's decision regarding whether to allocate housing tax credits to the development; (7) the names of persons making the decisions described by Subdivision (6), including the names of department staff scoring [and underwriting] the application, to be recorded next to the description of the applicable decision; (8) the amount of housing tax credits allocated to the development; and (9) a dated record and summary of any contact between the department staff, the board, and the applicant or any related parties. SECTION 57. Section 2306.6710, Government Code, is amended to read as follows: Sec. 2306.6710. EVALUATION [AND UNDERWRITING] OF APPLICATIONS. (a) In evaluating an application, the department shall determine whether the application satisfies the threshold criteria required by Section 2306.67042 [the board in the qualified allocation plan]. The department shall reject and return to the applicant any application that fails to satisfy those [the] threshold criteria. (b) If an application satisfies the threshold criteria, the department shall score and rank the application using the [a] point system described by this section [that: [(1) prioritizes in descending order criteria regarding: [(A) financial feasibility of the development based on the supporting financial data required in the application that will include a project underwriting pro forma from the permanent or construction lender; [(B) quantifiable community participation with respect to the development, evaluated on the basis of written statements from any neighborhood organizations on record with the state or county in which the development is to be located and whose boundaries contain the proposed development site; [(C) the income levels of tenants of the development; [(D) the size and quality of the units; [(E) the commitment of development funding by local political subdivisions; [(F) the level of community support for the application, evaluated on the basis of written statements from state elected officials; [(G) the rent levels of the units; [(H) the cost of the development by square foot; and [(I) the services to be provided to tenants of the development; 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 or a developer or principal of the applicant that has been removed by the lender, equity provider, or limited partners for its failure to perform its obligations under the loan documents or limited partnership agreement]. (c) The department shall award 50 points if the development is determined to be financially feasible based on a project underwriting pro forma from the permanent or construction lender that discloses reasonably expected sources and uses of funds during the development process and planned operating income and expenses during the initial 15 years of operation as a development [publish in the qualified allocation plan details of the scoring system used by the department to score applications]. For a development that receives financing from the Texas Rural Development Office of the United States Department of Agriculture, the report entitled "Sources and Uses Comprehensive Evaluation for Multifamily Housing Loans" or any other evidence or similar report considered acceptable by the department meets the requirements of the underwriting pro forma. (d) If the deferral of 50 percent or more of the developer's fee for an urban development, or 60 percent or more for a rural development, is required to make the development financially feasible under Subsection (c), the department shall deduct 10 points. (e) The department shall award points based on written statements of support or opposition from neighborhood associations that, on December 1 of the year immediately preceding the year of the application deadline, are on record with the department or the municipality or county containing the proposed development site, if the boundaries of the neighborhood association encompass the same elementary school attendance zone, or a portion of the same zone, as the proposed development site. If there are no neighborhood associations on record with the department, if no letters either in support or opposition are received, or if the application involves the rehabilitation of an at-risk development, the department shall award the application 40 points. If 80 percent or more of the letters from neighborhood associations support the development, the department shall award the application 40 points. If at least 50 percent but less than 80 percent of the letters from neighborhood associations support the development, the department shall award the application 30 points. If a majority of the letters from neighborhood associations oppose the development, the department shall award zero points. (f) An application may receive points under either Subsection (g) or (i), but not under both subsections. (g) The department shall award 30 points if: (1) the development is located outside of a qualified census tract; (2) there is a documented, committed, and available third–party funding source to provide project-based rental assistance to at least 50 percent of the tenants; and (3) the applicant confirms, in the manner prescribed by department rule, that 50 percent or more of the total units in the development will be restricted to being rented to households with incomes equal to or below 30 percent of the greater of local area median income, as adjusted for household size, or the statewide median income, as adjusted for household size. (h) The documented, committed, and available third-party funding source under Subsection (g) may only be: (1) project-based Section 8 assistance; (2) a United States Department of Agriculture five-year rental assistance contract; (3) a United States Department of Housing and Urban Development contract for project-based Section 8 operating assistance; or (4) a similar federal or state project-based rental assistance program, with a term of at least five years. (i) For an application to qualify for points under this subsection, the rents for the rent-restricted units in the development must not be higher than the allowable housing tax credit rents at the rent-restricted area median gross household income level. For Section 8 residents, or other rental assistance tenants, the tenant-paid rent plus the utility allowance must be compared to the rent limit to determine compliance. The development owner on making selections must set aside units at the rent-restricted levels of area median gross household income and must maintain the percentage of those units continuously over the compliance and extended-use period as specified in a land use restriction agreement. Applications may qualify for points under only one of the categories listed in this subsection. The department shall award points as follows: (1) 25 points, if 10 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 30 percent of the area median gross household income; (2) 20 points, if 40 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 50 percent of the area median gross household income; (3) 17 points, if 35 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 50 percent of the area median gross household income; (4) 14 points, if 30 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 50 percent of the area median gross household income; (5) 11 points, if 25 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 50 percent of the area median gross household income; (6) eight points, if 20 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 50 percent of the area median gross household income; (7) five points, if 15 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 50 percent of the area median gross household income; or (8) two points, if 10 percent or more of the total number of the rent-restricted units at or below 60 percent of the area median gross household income are designated for tenants at or below 50 percent of the area median gross household income. (j) Only an application for a development that meets the requirements of Subsection (k) may receive points under Subsection (l), except that an application involving the rehabilitation of existing buildings or an application for a development receiving funding from the United States Department of Agriculture is not required to meet the requirements of Subsection (k) to receive points under Subsection (l). (k) The square feet of all of the units in the development, for each type of unit, must be at minimum: (1) 500 square feet for efficiency units; (2) 550 square feet for one-bedroom units reserved exclusively for occupancy by elderly individuals and 650 square feet for all other one-bedroom units; (3) 750 square feet for two-bedroom units reserved exclusively for occupancy by elderly individuals and 900 square feet for all other two-bedroom units; (4) 1,000 square feet for three-bedroom units; or (5) 1,200 square feet for four-bedroom units. (l) The department by rule shall develop a list from which the applicant may indicate to the department specific unit and development amenity and quality features to be offered with respect to the development and for which the department may award points to the application. The total points awarded for unit and development amenity and quality features may not exceed 25 points. The department by rule shall award double the point value for unit and development amenity and quality features with respect to applications involving rehabilitation of existing buildings or proposing single-room occupancy developments. (m) If the development has received a commitment for 10 percent or more of the total development cost from a political subdivision that is not a related party of the applicant, the department shall award the application 20 points. A commitment of financing described by this subsection may include financing through federal community development block grant or loan funds, HOME funds, funds from a local housing trust, local affordable housing funds, or other quantifiable contributions by the political subdivision. For rural developments, HOME and housing trust funds allocated by the department qualify the application for points under this subsection. The applicant must submit with the application a copy of the commitment of funds or a copy of the application filed with the funding entity and a letter from the funding entity indicating that the application was received. The applicant must provide a commitment of funds not later than the 60th day before the date of the board recommendation of housing tax credit allocations to receive points under this subsection. (n) The department shall award points based on written statements of support or opposition from state elected officials representing constituents in areas that include the location of the development. The department shall score letters from state representatives or state senators received by the department not later than the 30th day before the date the board first meets to consider applications for an allocation of housing tax credits. The department shall award an amount of points not to exceed 14 points as follows: (1) a letter of support from a state representative or a state senator, 10 points for a single letter of support or 14 points for two letters of support; (2) a letter of opposition from either a state representative or a state senator, 10 total points deducted; (3) a letter of opposition from both a state representative and a state senator, 25 total points deducted; or (4) if both the state representative and the state senator are contacted but no letters either in support or opposition are received, seven total points. (o) Excluding any units reserved for a manager, if the units in the development are restricted so that the rent plus the allowance for utilities is equal to or below the maximum housing tax credit rent, the department shall award the application points as follows: (1) if more than 95 percent of the units are restricted, 12 points; (2) if more than 90 percent but not more than 95 percent of the units in the development are restricted, 10 points; (3) if more than 85 percent but not more than 90 percent of the units in the development are restricted, nine points; (4) if more than 80 percent but not more than 85 percent of the units in the development are restricted, eight points; and (5) if 80 percent or less of the units in the development are restricted, seven points. (p) If the applicant will pay ad valorem taxes on the development for a minimum of 15 years by making an annual payment that is equal to at least 50 percent of the total ad valorem taxes due in a tax year on that development, the department shall award the application eight points. (q) The department shall award the application a total of five points under this subsection if the development is located within one of the following geographical areas: (1) a geographical area that is: (A) an economically distressed area, as defined by Section 17.921, Water Code; (B) a colonia, as defined by Section 2306.581; or (C) a difficult development area, as specifically designated by the secretary of housing and urban development; (2) a designated state or federal empowerment or enterprise zone, urban enterprise community, or urban enhanced enterprise community; (3) a municipality-sponsored area or zone where a municipality or county has, through a local government initiative, specifically encouraged or channeled growth, neighborhood preservation, or redevelopment; (4) a county that has received an award, or that contains a municipality that has received an award, within the past three years, from the Texas Department of Agriculture's rural municipal finance program, Texas capital fund real estate development program, or Texas capital fund infrastructure development program; or (5) a qualified census tract, as defined by Section 42, Internal Revenue Code of 1986, the development of which contributes to a concerted community revitalization plan. (r) The department shall award an application five points if the development is located in a census tract in which there are no other existing developments supported by housing tax credits. (s) The department shall award points to an application for a development that provides supportive services to tenants as follows: (1) if the applicant coordinates tenant services with services provided through state workforce development and welfare programs as evidenced by execution of a Tenant Supportive Services Certification, one point; and (2) if the applicant certifies that the development will provide special supportive services appropriate for the proposed tenants at no cost to the tenants either on-site or off-site with transportation provided by the development, one point. (t) Service options under Subsection (s) include: (1) child care; (2) counseling services; (3) GED preparation; (4) English as a second language classes; (5) credit counseling; (6) financial planning assistance or courses; (7) scholastic tutoring; (8) social events and activities; (9) a senior meal program; (10) a home-delivered meal program; or (11) any other program described under Title IV-A, Social Security Act (42 U.S.C. Section 601 et seq.), that: (A) enables children to be cared for in their homes or the homes of relatives; (B) ends the dependence of needy families on government benefits by promoting job preparation; (C) prevents or reduces the incidence of out-of-wedlock pregnancies; or (D) encourages the formation and maintenance of two-parent families. (u) The department shall award two points to an application that involves the preservation of existing low income housing. (v) The department shall award two points to an application for a development funded by federal HOPE VI funding or by public housing authority capital grant funds. (w) The department shall award one point to an application for a development in which 100 percent of the units will be reserved for occupancy by elderly individuals or homeless persons. (x) The department shall award one point to an application in which the applicant commits to notifying the local public housing authority or the nearest agency that administers Section 8 certificates or vouchers for the area in which the development is located that the applicant will consider as tenants for the development individuals and households on the public housing authority's waiting list for occupancy. (y) The department shall award two points to an application for a development in which 50 percent or more of the total units in the development will have two or more bedrooms. (z) The department shall award one point to an application if, for the minimum purchase price provided by, and in accordance with the requirements of, Section 42(i)(7), Internal Revenue Code of 1986, the development owner agrees to provide a right of first refusal to purchase the development on or after the date of termination of the compliance period to: (1) a qualified nonprofit organization; (2) for a single family building, an individual tenant; or (3) for a multifamily housing development, a tenant cooperative, a resident management corporation in the development, or another association of tenants in the development. (aa) The department shall award one point if the applicant agrees to extend the affordable housing period beyond the minimum required by Section 42, Internal Revenue Code of 1986, for an additional five-year period. (bb) The department shall award points to an application for a mixed-income development comprised of both market rate units and qualified housing tax credit units as follows: (1) for a development in which not more than 85 percent of the units are housing tax credit units, three points; (2) for a development in which more than 85 percent but not more than 90 percent of the units are housing tax credit units, two points; or (3) for a development in which more than 90 percent but not more than 95 percent of the units are housing tax credit units, one point. (cc) The department shall award four points to an application for a development that consists of not more than 36 units and is not part of, or contiguous to, a larger development. (dd) The department shall award one point to an application if the applicant or a representative of the applicant has attended a fair housing seminar at least 5-1/5 hours in duration within the preceding three years. (ee) The department shall award one point to an application if the development experience of the development owner, the owner's controlling person, or the developer exceeds by 20 residential units the minimum development experience required by Section 2306.67042(d). (ff) The department shall award four points to an application if the applicant submitted an application during the preapplication process in conformity with department rules. An application that involves funding from the Texas Rural Development Office of the United States Department of Agriculture that also involves the rehabilitation of an affordable housing development is eligible for points under this subsection regardless of whether the applicant submitted an application during the preapplication process. (gg) If two or more applications receive the same score under this section and are eligible for an allocation of housing tax credits, the department shall give preference to the development that requests the least amount of housing tax credits per net rentable area. (hh) The department shall implement a system of evaluating the financial aspects of housing tax credit developments that recognizes that those developments do not need, and are not subject to, the financial underwriting necessary for a mortgage loan transaction when the department has a financial interest in the loan. In evaluating housing tax credit developments, the department shall ensure only that the low income housing tax credit dollars allocated to a development do not exceed the amount necessary for the financial feasibility of the development and its viability throughout the first 15 years of operation. (ii) The department shall evaluate [underwrite] the applications ranked under Subsection (b) beginning with the applications with the highest scores in each region described by Section 2306.111(d) and in each set-aside category described in the qualified allocation plan. Based on application rankings, the department shall continue to evaluate [underwrite] applications until the department has processed enough applications satisfying the department's evaluation [underwriting] criteria to enable the allocation of all available housing tax credits according to regional allocation goals and set-aside categories. To enable the board to establish an applications waiting list under Section 2306.6711, the department shall evaluate [underwrite] as many additional applications as the board considers necessary to ensure that all available housing tax credits are allocated within the period required by law. The department shall evaluate [underwrite] an application to determine the financial feasibility of the development and an appropriate level of housing tax credits. (jj) In determining the financial feasibility of a development, the department shall consider only: (1) the sources and uses of funds and the total financing planned for the development; (2) any proceeds or receipts expected to be generated by reason of tax benefits; (3) the percentage of the housing tax credit dollar amount used for development costs other than the cost of intermediaries; and (4) the reasonableness of the developmental and operational costs of the development. (kk) In determining an appropriate level of housing tax credits, the department shall evaluate the cost of the development based on acceptable cost parameters as adjusted for inflation and as established by historical final cost certifications of all previous housing tax credit allocations for: (1) the county in which the development is to be located; (2) if certifications are unavailable under Subdivision (1), the metropolitan statistical area in which the development is to be located; or (3) if certifications are unavailable under Subdivisions (1) and (2), the uniform state service region in which the development is to be located. [(e) In scoring applications for purposes of housing tax credit allocations, the department shall award, consistent with Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42), preference points to a development that will: [(1) when practicable and feasible based on documented, committed, and available third-party funding sources, serve the lowest income tenants per housing tax credit, if the development is to be located outside a qualified census tract; and [(2) produce for the longest economically feasible period the greatest number of high quality units committed to remaining affordable to any tenants who are income-eligible under the low income housing tax credit program. [(f) In evaluating the level of community support for an application under Subsection (b)(1)(F), the department shall award: [(1) positive points for positive written statements received; [(2) negative points for negative written statements received; and [(3) zero points for neutral statements received. [(g) In awarding points under Subsection (f), the department shall give equal weight to each written statement received.] SECTION 58. Section 2306.6711, Government Code, is amended by amending Subsections (b) and (f) and adding Subsection (g) to read as follows: (b) Not later than the deadline specified in the qualified allocation plan, the board shall issue commitments for available housing tax credits based on the application evaluation process provided by Section 2306.6710. The board may not allocate to an applicant housing tax credits in any unnecessary amount, as determined by the department [department's underwriting policy] and by federal law, and in any event may not allocate to any one person [the applicant] housing tax credits in an amount greater than $2 million in a single application round, except as provided by this subsection. The $2 million limitation applies to a person regardless of whether the person is involved in the development in the capacity of the applicant or in the capacity of a related party. A development financed with tax-exempt bonds is not subject to the $2 million limitation, and the development does not count towards the total limit on housing tax credits per person. The $2 million limitation does not apply to: (1) an entity that raises or provides equity for one or more developments, solely with respect to its actions in raising or providing equity for those developments; (2) the provision by an entity of qualified commercial financing as that term is defined under Section 49(a)(1)(D)(ii), Internal Revenue Code of 1986; or (3) a development consultant with respect to the provision of consulting services, provided the development consultant is not a related party to the applicant and otherwise does not own an interest in the development and the consultant fee received for those services does not exceed 10 percent of the fee to be paid to the developer, or $150,000, whichever is less. (f) The board may allocate housing tax credits to more than one development in a single community, as defined by department rule, in the same calendar year [only] if the developments: (1) are new construction and are or will be located more than one linear mile apart; or (2) are placed in service in different taxable years. (g) Subsection (f)(2) [This subsection] applies only to communities contained within counties with populations exceeding one million. SECTION 59. Sections 2306.6712(a)-(d), Government Code, are amended to read as follows: (a) If a proposed modification would materially and adversely alter a development approved for an allocation of a housing tax credit, the department shall require the applicant to file a formal, written amendment to the application on a form prescribed by the department. (b) If the director determines that a proposed modification may materially and adversely alter a development, the [The] director shall require the department staff assigned to evaluate [underwrite] applications as described by Section 2306.6710(ii) to review [evaluate] the amendment and provide an analysis and written recommendation to the board. The appropriate monitor under Section 2306.6719 shall also provide to the board an analysis and written recommendation regarding the amendment. If the director determines that a modification would not materially and adversely alter a development, the director shall approve the modification without board action. (c) The board must vote on whether to approve an [the] amendment proposing a modification that the director determines may materially and adversely alter a development or whether to require resolution of the matter through an alternative dispute resolution process under Section 2306.082. The board by vote may reject an amendment and, if appropriate, rescind the allocation of housing tax credits and reallocate the credits to other applicants on the waiting list required by Section 2306.6711 if the board determines that the modification proposed in the amendment: (1) would materially alter the development in a negative manner; or (2) would have adversely affected the selection of the application in the application round. (d) Material alteration of a development includes: (1) a significant modification of the site plan; (2) a modification of the number of units or bedroom mix of units; (3) a substantive modification of the scope of tenant services; (4) a change in the income levels of the tenants to be served by the development [a reduction of three percent or more in the square footage of the units or common areas]; (5) any modification in the attributes of the development that would have affected the selection of the application in the application round [a significant modification of the architectural design of the development]; and (6) [a modification of the residential density of the development of at least five percent; and [(7)] any other modification considered significant by the board. SECTION 60. Section 2306.6713(e), Government Code, is amended to read as follows: (e) The director may not refuse the transfer of a project that received points in an application round for being developed by a historically underutilized business to a development owner that is not a historically underutilized business if the transfer occurs at least three years after completion of the project [development owner shall certify to the director that the tenants in the development have been notified in writing of the transfer before the 30th day preceding the date of submission of the transfer request to the department]. SECTION 61. Section 2306.6715, Government Code, is amended by amending Subsections (a), (c), (d), and (e) and adding Subsections (d-1), (d-2), and (f) to read as follows: (a) In a form prescribed by the department in the qualified allocation plan, an applicant may appeal the following decisions made by the department in the application evaluation process provided by Section 2306.6710: (1) an evaluation [a determination] regarding the application's satisfaction of threshold [and underwriting] criteria under Section 2306.67042 or scoring criteria under Section 2306.6710; (2) the scoring of the application; and (3) a recommendation as to the amount of housing tax credits to be allocated to the application. (c) An applicant must file a written appeal authorized by this section with the department not later than the 10th [seventh] day after the date the department publishes the results of the application evaluation process provided by Section 2306.6710. In the appeal, the applicant must specifically identify the applicant's grounds for appeal, based on the original application and additional documentation filed with the original application. (d) The director shall respond in writing to the appeal not later than the 14th day after the date of receipt of the appeal. If the applicant is not satisfied with the director's response to the appeal, the applicant may request alternative dispute resolution in addition to making an appeal directly in writing to the board. (d-1) An [, provided that an] appeal filed with the board under Subsection (d) [this subsection] must be received by the board before: (1) the seventh day preceding the date of the board meeting at which the relevant allocation decision is expected to be made; or (2) the third day preceding the date of the board meeting described by Subdivision (1), if the director does not respond to the appeal before the date described by Subdivision (1). (d-2) The department may contract with the State Office of Administrative Hearings to provide alternative dispute resolution services, excluding binding arbitration. Alternative dispute resolution must run concurrently with an appeal to the board. (e) Board review of an appeal under Subsection (d) is based on the original application and additional documentation filed with the original application. The board may not review any information not contained in or filed with the original application, unless doing so is recommended as a result of the alternative dispute resolution process. In making its decision regarding the appeal, the board shall consider the result of any alternative dispute resolution requested under Subsection (d) and any recommendations made to the board as a result of that process. The decision of the board regarding the appeal is a final administrative decision subject to judicial review. (f) If a decision of the board or department staff denying an application for low income housing tax credits is reversed on appeal, the department shall award the applicant an appropriate forward commitment of tax credits for the next application round that begins after the date of the reversal. SECTION 62. Section 2306.6716(a), Government Code, is amended to read as follows: (a) A fee charged by the department for filing an application or for receiving an allocation or a commitment of housing tax credits may not be excessive and must reflect the department's actual costs in processing the application, providing copies of documents to persons connected with the application process, and making appropriate information available to the public through the department's website. The department shall treat the total amount of all allocation or commitment fees as being earned and available for use in the year in which the fees were received. SECTION 63. Sections 2306.6717(a), (b), and (d), Government Code, are amended to read as follows: (a) Subject to Section 2306.67041, the department shall make the following items available on the department's website: (1) as soon as practicable, any proposed application submitted through the preapplication process established by this subchapter; (2) before the 30th day preceding the date of the relevant board allocation decision, except as provided by Subdivision (3), the entire application, including all supporting documents and exhibits, the application log, a scoring sheet providing details of the application score, and any other document relating to the processing of the application; (3) not later than the third working day after the date of the relevant determination, the results of each stage of the application process, including the results of the application scoring and evaluation [underwriting] phases and the allocation phase; (4) before the 15th day preceding the date of board action on the amendment, notice of an amendment under Section 2306.6712 and the recommendation of the director and monitor regarding the amendment; and (5) an appeal filed with the department or board under Section 2306.6715 or 2306.6721 and any other document relating to the processing of the appeal. (b) The department shall make available on the department's website information regarding the low income housing tax credit program, including notice regarding public hearings, meetings, the opening and closing dates for applications, submitted applications, and applications approved for evaluation [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 newspapers of general or limited circulation that serve the community in which the development is to be located; (5) nonprofit and for-profit organizations; (6) on-site property managers of occupied developments that are the subject of applications for posting in prominent locations in those developments; and (7) any other interested persons and community groups that request the information. (d) Notwithstanding any other provision of this section, the department shall [may] treat the financial statements of any applicant as confidential and may [elect] not [to] disclose those statements to the public. SECTION 64. Section 2306.6718(a), Government Code, is amended to read as follows: (a) The department, not the applicant, shall provide written notice of the filing of an application to the following elected officials: (1) members of the legislature who represent the community containing the development described in the application; and (2) the chief executive officer of the political subdivision containing the development described in the application. SECTION 65. Section 2306.6719, Government Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) For a development that is not receiving federal assistance such that a federal agency will be monitoring the construction or rehabilitation of the development and will provide the department with copies of its construction inspection or operational inspection reports, the [The] department may contract with an independent third party to monitor the [a] development during its construction or rehabilitation and during its operation for compliance with: (1) any conditions imposed by the department in connection with the allocation of housing tax credits to the development; and (2) appropriate state and federal laws, as required by other state law or by the board. (c) Except for the affordable housing disposition properties monitored under the memorandum of understanding between the department and the Federal Deposit Insurance Corporation, the cost of compliance monitoring for each development for 2006 may not exceed $25 per monitored unit. For years after 2006, the annual compliance fee may be increased to more than $25 per monitored unit only as necessary to adjust for inflation as determined by the consumer price index published by the United States Department of Labor. SECTION 66. Section 2306.6720, Government Code, is amended to read as follows: Sec. 2306.6720. ENFORCEABILITY OF APPLICANT REPRESENTATIONS. Each representation made by an applicant to secure a housing tax credit allocation is enforceable by the department [and the tenants of the development supported with the allocation]. SECTION 67. Section 2306.6721, Government Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows: (d) A person debarred by the department from participation in the program is not eligible to participate in the program for a minimum of five years from the date of disbarment. (e) A person debarred by the department from participation in the program may appeal the person's debarment: (1) through the alternative dispute resolution process under Section 2306.082; or (2) directly to the board. SECTION 68. Section 2306.6722, Government Code, is amended to read as follows: Sec. 2306.6722. DEVELOPMENT ACCESSIBILITY. Any development supported with a housing tax credit allocation shall comply with the accessibility standards that are detailed [required] under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), and specified under 24 C.F.R. Part 8, Subpart C, to the same extent required for developments receiving federal financial assistance. SECTION 69. Section 2306.6723(a), Government Code, is amended to read as follows: (a) The department shall jointly administer with the rural development agency the allocations [any set-aside] for rural areas to: (1) ensure the maximum use and optimum geographic distribution of housing tax credits in rural areas; and (2) provide for information sharing, efficient procedures, and fulfillment of development compliance requirements in rural areas. SECTION 70. Section 2306.6724, Government Code, is amended by amending Subsections (a)-(d) and adding Subsection (c-1) to read as follows: (a) Not later than September 1 [September 30] of each year, the department shall prepare and submit to the board for adoption the qualified allocation plan required by federal law for use by the department in setting criteria and priorities for the allocation of tax credits under the low income housing tax credit program. (b) The board shall adopt and submit to the governor the qualified allocation plan not later than October 1 [November 15]. (c) The governor shall approve, reject, or modify and approve the qualified allocation plan not later than November [December] 1. (c-1) If the governor rejects the qualified allocation plan submitted under Subsection (b), the board immediately shall adopt and submit to the governor a modified qualified allocation plan. The governor shall approve or modify and approve the modified qualified allocation plan not later than November 15. (d) An applicant for a low income housing tax credit to be issued a commitment during the initial allocation cycle in a calendar year must submit an application to the department not later than March 15 [1]. SECTION 71. Sections 2306.6725(a) and (c), Government Code, are amended to read as follows: (a) In allocating low income housing tax credits, the department shall score each application using a point system that is consistent with Section 42, Internal Revenue Code of 1986, and Section 2306.6710 of this chapter [based on criteria adopted by the department that are consistent with the department's housing goals, including criteria addressing the ability of the proposed project to: [(1) provide quality social support services to residents; [(2) demonstrate community and neighborhood support as defined by the qualified allocation plan; [(3) consistent with sound underwriting practices and when economically feasible, serve individuals and families of extremely low income by leveraging private and state and federal resources, including federal HOPE VI grants received through the United States Department of Housing and Urban Development; [(4) serve traditionally underserved areas; [(5) remain affordable to qualified tenants for an extended, economically feasible period; and [(6) comply with the accessibility standards that are required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), and specified under 24 C.F.R. Part 8, Subpart C]. (c) On awarding tax credit allocations, the board shall document the reasons for each project's selection, including an explanation of: (1) all discretionary factors used in making its determination; and (2) the reasons for any decision that conflicts with the recommendations of department staff under Section 2306.6731 or the scoring criteria under Section 2306.6710. SECTION 72. Section 2306.6728(a), Government Code, is amended to read as follows: (a) The department by rule shall adopt a policy regarding the admittance to low income housing tax credit properties of income-eligible individuals and families receiving assistance under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f). The policy must provide for admittance to the property for any individual or family whose Section 8 assistance is sufficient to allow the individual or family to make the required rental payment and who meets any other general criteria applicable to all tenants. SECTION 73. Section 2306.6729, Government Code, is amended by adding Subsection (c) to read as follows: (c) The department by rule shall implement a procedure to integrate the allocation of housing tax credits to nonprofit applicants with the allocation of housing tax credits to all other eligible applicants. If merit-based selection of applicants does not result in a sufficient allocation of housing tax credits to nonprofit applicants to satisfy any federally mandated set-aside, the department may select the next highest scoring nonprofit applicant in place of a for-profit applicant to satisfy the federally mandated set-aside. SECTION 74. Section 2306.6731(a), Government Code, is amended to read as follows: (a) Department staff shall provide written, documented recommendations to the board concerning [the financial or programmatic viability of] each application for a low income housing tax credit before the board makes a decision relating to the allocation of tax credits. The board may not make without good cause an allocation decision that conflicts with the recommendations of department staff. SECTION 75. Section 2306.6733, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) A former board member or a former director, deputy director, director of housing programs, director of compliance, director of underwriting, member of any department committee involved in the selection of developments for an allocation of housing tax credits, or low income housing tax credit program manager employed by the department may not: (1) for compensation, represent an applicant for an allocation of low income housing tax credits or a related party before the second anniversary of the date that the board member's, director's, committee member's, or manager's service in office or employment with the department ceases; (2) represent any applicant or related party or receive compensation for services rendered on behalf of any applicant or related party regarding the consideration of a housing tax credit application in which the former board member, director, committee member, or manager participated during the period of service in office or employment with the department, either through personal involvement or because the matter was within the scope of the board member's, director's, committee member's, or manager's official responsibility; or (3) for compensation, communicate directly with a member of the legislative branch to influence legislation on behalf of an applicant or related party before the second anniversary of the date that the board member's, director's, committee member's, or manager's service in office or employment with the department ceases. (a-1) If the administration of the low income housing tax credit program is transferred to any other department or agency, the prohibition under Subsection (a) applies to any person that would have been prohibited from participating in a low income housing tax credit application as if the housing tax credit program had remained under the administration of the department. SECTION 76. Subchapter DD, Chapter 2306, Government Code, is amended by adding Section 2306.6735 to read as follows: Sec. 2306.6735. RELATIONSHIP TO FEDERAL LAW. (a) This subchapter is enacted to implement the low income housing tax credit program established by Section 42, Internal Revenue Code of 1986. (b) To the extent that any provision of this subchapter is held to be inconsistent with federal law, the provision shall be given effect in accordance with its terms to the greatest extent possible and consistent with the federal law, and the inconsistency of that provision has no effect on the remaining provisions of this subchapter. (c) If a federal law or regulation is changed without providing for temporary waivers to allow compliance with state law and, as a result of this change, there is insufficient time to comply with a provision required by this subchapter, the department may act so as to comply with federal law subject to the requirements of Subsection (e). (d) If a federal law or court order conflicts with this subchapter, the federal law or court order prevails over this subchapter. (e) If the department determines that a provision of this subchapter is inconsistent with Section 42, Internal Revenue Code of 1986, or any federal regulations promulgated in compliance with that section, the department shall notify the governor, the lieutenant governor, the speaker of the house of representatives, the presiding officer of the house and senate with oversight of the department, and the attorney general. If the attorney general concurs with the department determination that a provision of this subchapter is inconsistent with federal law, the department shall be authorized to implement the federal law. SECTION 77. The heading to Section 2306.803, Government Code, is amended to read as follows: Sec. 2306.803. IDENTIFICATION OF CERTAIN AT-RISK MULTIFAMILY HOUSING[: IDENTIFICATION, PRIORITIZATION, AND PRESERVATION]. SECTION 78. Sections 2306.804(a) and (b), Government Code, are amended to read as follows: (a) To the extent possible, the department shall use available resources for the preservation and rehabilitation of the multifamily housing developments identified [and listed] under Section 2306.803. (b) To the extent consistent with Section 2306.6710 [possible], the department shall allocate low income housing tax credits to applications involving the preservation of developments assigned a Class A priority under Section 2306.803 and in both urban and rural areas [communities] in approximate proportion to the housing needs of each uniform state service region. SECTION 79. Section 2306.805(a), Government Code, is amended to read as follows: (a) The department shall establish and administer a housing preservation incentives program to provide incentives through loan guarantees, loans, and grants to political subdivisions, housing finance corporations, public housing authorities, for-profit organizations, and nonprofit organizations for the acquisition and rehabilitation of multifamily housing developments with [assigned] a Class A or Class B priority under this subchapter [Section 2306.803]. SECTION 80. Section 1372.006(a), 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, of which the board shall retain $1,000 to offset the costs of the private activity bond allocation program and the administration of that program and of which the board shall transfer $4,000 through an interagency agreement to the Texas Department of Housing and Community Affairs to fund the housing resource center [for use in the affordable housing research and information program] as provided by Section 2306.252 [2306.259]. SECTION 81. The following provisions of the Government Code are repealed: (1) Sections 2306.004(31)-(33), 2306.0724, 2306.077(d) and (e), 2306.078, 2306.079, 2306.081(c), 2306.1112, 2306.185(f), 2306.186(a)(2), 2306.186(f), 2306.251, 2306.257(b)-(d), 2306.259, 2306.270, 2306.313(c), 2306.314, 2306.6702(a)(12), 2306.6712(e), 2306.6723(c), 2306.6725(b) and (d), 2306.6726, 2306.6727, 2306.6728(b) and (c), 2306.6730, 2306.6734, 2306.7581(a-1), 2306.803(b)-(d), 2306.804(c), and 2306.805(c)-(e); (2) Subchapter II, Chapter 2306; and (3) Subchapter JJ, Chapter 2306. SECTION 82. The changes in law made by this Act relating to the evaluation of applications for financial assistance administered by the Texas Department of Housing and Community Affairs apply only to an application submitted on or after the effective date of this Act. An application submitted before the effective date of this Act is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose. SECTION 83. This Act takes effect September 1, 2005, except that Section 70 of this Act takes effect immediately if this Act receives a vote of two-thirds of all 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, Section 70 takes effect September 1, 2005.