79R5583 T

By:  Talton                                                       H.B. No. 1167


A BILL TO BE ENTITLED
AN ACT
relating to the provision of housing in Texas and the continuation and functions of the Texas Department of Housing and Community Affairs and to other matters relating to housing or community development. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
PART 1. General Provisions
SECTION 1.01. Section 2306.001, Texas 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 [public] housing services for Texans of modest incomes [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 individuals and families of modest means while acknowledging the importance of preserving the existing character of established neighborhoods. [provide for the housing needs of individuals and families of 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 [local government] the state; (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 [and community support services in the state] available to local communities. SECTION 1.02. Section 2306.002, Texas Government Code, is amended to read as follows: Sec. 2306.002. POLICY. (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; and (4) that there exists within all regions of this state a shortage of sanitary and safe residential housing at prices or rentals which persons and families of low income and families of moderate income can afford; (5) that this shortage has contributed to and will contribute to the creation and persistence of substandard living conditions that is inimical to the health, welfare, and prosperity of the residents and communities of all regions of this state; and (6) that 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 in order that [to] individuals and families of low and very low income [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) Pursuant to its goals under Chapter 2306, Texas Government Code, the department shall not approve, promulgate, nor otherwise publish any rule that: (1) establishes standards or parameters that exceed, or deviate in any manner, any federal program requirements with regard to state administration of any federal housing program; or (2) imposes, or has the effect of imposing, direct compliance requirements or costs on local governments, or program applicants, that are not expressly required by federal law, federal regulations or state statute. SECTION 1.03. Section 2306.004, Texas Government Code, is amended to read as follows: Sec. 2306.004. DEFINITIONS. In this chapter: (1) "Board" means the governing board of the department. (2) "Bond" means an evidence of indebtedness or other obligation, regardless of the source of payment, issued by the department under Subchapter P, including a bond, note, or bond or revenue anticipation note, regardless of whether the obligation is general or special, negotiable or nonnegotiable, in bearer or registered form, in certified or book-entry form, in temporary or permanent form, or with or without interest coupons. (3) "Contract for Deed" means a seller-financed contract for the conveyance of real property under which: (A) legal title does not pass to the purchaser until the consideration of the contract is fully paid to the seller; and (B) the seller's remedy for nonpayment is recision or forfeiture or acceleration of any remaining payments rather than judicial or nonjudicial foreclosure. (4) "Department" means the Texas Department of Housing and Community Affairs or any successor agency. (5) "Director" means the executive director of the department. (6) "Economically depressed or blighted area" means an area: (A) that is a qualified census tract as defined by Section 143(j), Internal Revenue Code of 1986 (26 U.S.C. Section 143(j)) or has been determined by the housing finance division to be an area of chronic economic distress under Section 143, Internal Revenue Code of 1986 (26 U.S.C. Section 143); (B) established in a municipality that has a substantial number of substandard, slum, deteriorated, or deteriorating structures and that suffers from a high relative rate of unemployment; or (C) that has been designated as a reinvestment zone under Chapter 311, Tax Code. (7) "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. (8) "Elderly individual" means an individual 60 years of age or older or of an age specified by the applicable federal program. (9) "Family of moderate income" means a family: (A) that is determined by the board to require assistance, taking into account: (i) the amount of the total income available for housing needs of the individuals and families; (ii) the size of the family; (iii) the cost and condition of available housing facilities; (iv) the ability of the individuals and families to compete successfully in the private housing market and to pay the amounts required by private enterprise for sanitary, decent, and safe housing; and (v) standards established for various federal programs determining eligibility based on income; and (B) that does not qualify as a family of low income. (10) (9) "Federal government" means the United States of America and includes any corporate or other instrumentality of the United States of America, including the Resolution Trust Corporation. (11) (10) "Federal mortgage" means a mortgage loan for residential housing: (A) that is made by the federal government; or (B) for which a commitment to make has been given by the federal government. (12) (11) "Federally assisted new communities" means federally assisted areas that receive or will receive assistance in the form of loan guarantees under Title X of the National Housing Act (12 U.S.C. Section 1701 et seq.), and a portion of that federally assisted area has received grants under Section 107(a)(1) of the Housing and Community Development Act of 1974, as amended (42 U.S.C. Section 5301 et seq.). (13) (12) "Federally insured mortgage" means a mortgage loan for residential housing that: (A) is insured or guaranteed by the federal government; or (B) the federal government has committed to insure or guarantee. (14) "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. (15) "Historically underserved urban area" are the communities that are located in either (a), (b), ( c ), or (d) below: (a) In State Uniform Service Region 3, a community located in Collin, Dallas, Denton, Ellis, Hood, Hunt, Kaufman, Johnson, Parker, Rockwall, or Tarrant counties that (1) is not located within the city limits of Arlington, Texas, Dallas, Texas, or Fort Worth, Texas, and (2) does not meet the definition of a rural area; or (b) In State Uniform Service Region 6, a community located in Chambers, Fort Bend, Harris, Liberty, Montgomery or Waller counties that (1) is not located within the city limits of Houston, Texas, and (2) does not meet the definition of a rural area; or (c) In State Uniform Service Region 7, a community located in Bastrop, Caldwell, Hays, Travis or Williamson counties that (1) is not located within the city limits of Austin, Texas, and (2) does not meet the definition of a rural area; or (d) In State Uniform Service Region 9, a community located in Atascosa, Bexar, Comal, Guadalupe or Wilson counties that (1) is not located within the city limits of San Antonio, Texas, and (2) does not meet the definition of a rural area. (e) The counties identified by subsections (a) through (d) of this section shall be adjusted to exactly conform with the definition or identification of metropolitan statistical areas, as periodically revised by the appropriate federal agency, for State Uniform Service Regions 3, 6, 7 and 9, respectively. (16) (13) "Housing development" means property or work or a project, building, structure, facility, or undertaking, whether existing, new construction, remodeling, improvement, or rehabilitation, that meets or is designed to meet minimum property standards required by the department and that is financed under the provisions of this chapter for the primary purpose of providing sanitary, decent, and safe dwelling accommodations for rent, lease, use, or purchase by individuals and families of low and very low income and families of moderate income in need of housing. The term includes: (A) buildings, structures, land, equipment, facilities, or other real or personal properties that are necessary, convenient, or desirable appurtenances, including streets, water, sewers, utilities, parks, site preparation, landscaping, stores, offices, and other nonhousing facilities, such as administrative, community, and recreational facilities the department determines to be necessary, convenient, or desirable appurtenances; and (B) single and multifamily dwellings [in rural and urban areas]. (17) (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, or 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. (18) (15) "Individuals and families of low income" means individuals and families earning not more than 80 percent of the area median income or applicable federal poverty line, as determined under Section 2306.123 or Section 2306.1231. (19) (16) "Individuals and families of very low income" means individuals and families earning not more than 60 percent of the area median income or applicable federal poverty line, as determined under Section 2306.123 or Section 2306.1231. (20) (17) "Individuals and families of extremely low income" means individuals and families earning not more than 30 percent of the area median income or applicable federal poverty line, as determined under Section 2306.123 or Section 2306.1231. (21) (18) "Land development" means: (A) acquiring land for residential housing construction; and (B) making, installing, or constructing nonresidential improvements that the department determines are necessary or desirable for a housing development to be financed by the department, including: (i) waterlines and water supply installations; (ii) sewer lines and sewage disposal installations; (iii) steam, gas, and electric lines and installations; and (iv) roads, streets, curbs, gutters, and sidewalks, whether on or off the site. (22) (19) "Local government" means a county, municipality, special district, or any other political subdivision of the state, a public, nonprofit housing finance corporation created under Chapter 394, Local Government Code, or a combination of those entities. (23) (20) "Mortgage" means an obligation, including a mortgage, mortgage deed, bond, note, deed of trust, or other instrument, that is a lien: (A) on real property; or (B) on a leasehold under a lease having a remaining term that, at the time the lien is acquired, does not expire until after the maturity date of the obligation secured by the lien. (24) (21) "Mortgage lender" means a bank, trust company, savings bank, mortgage company, mortgage banker, credit union, national banking association, savings and loan association, life insurance company, or other financial institution authorized to transact business in this state and approved as a mortgage lender by the department. (25) (22) "Mortgage loan" means an obligation secured by a mortgage. (26) (23) "Municipality" includes only a municipality in this state. (27) "Person with disability" means a person that meets the criteria of either (a) or (b) below and (c) of the following: (a) The person has an inability to engage in any substantial gainful activity, but with the use of auxiliary apparatus can otherwise participate in gainful activity, by reason of any medically determinable physical or mental impairment, where the disability: (i) Has lasted or can be expected to last for a continuous period of not less than 12 months, or which can be expected to result in death, and; (ii) substantially impedes his or her ability to live independently; and (iii) is of such a nature that the disability could be improved by more suitable housing conditions. (b) The person has a severe, chronic disability which: (i) is attributable to a mental or physical impairment or combination of mental or physical impairment; and (ii) was manifested before age 22; and (iii) is likely to continue indefinitely; and (iv) results in substantial functional limitations in three or more of the following areas of major life activity: (a) self-care; (b) receptive and expressive language; (c) learning; (d) mobility; (e) self-direction; (f) capacity for independent living; (g) economic self-sufficiency. (c) "Person with disability" does not include the current condition of addiction to alcohol, a drug, an illegal substance, or a federally controlled substance. (28) "Neighborhood Association" means an organization of persons living near one another within the organization's defined boundaries and that has a primary purpose of working to maintain or improve the general welfare of the neighborhood. Neighborhood associations include homeowners associations and property owners associations. Neighborhood associations do not include broader based community organizations; organizations that have no members other than board members; chambers of commerce; community development corporations; school related organizations; Lions, Rotary, Kiwanis, and similar organizations; Habitat for Humanity; Boys and Girls Clubs; charities; public housing authorities; or any governmental entity. (29) (24) "Public agency" means the department or any agency, board, authority, department, commission, political subdivision, municipal corporation, district, public corporation, body politic, or instrumentality of this state, including a county, municipality, housing authority, state-supported institution of higher education, school district, junior college, other district or authority, or other type of governmental entity of this state. (30) (25) "Real estate owned contractor" means a person required to meet the obligations of a contract with the department for managing and marketing foreclosed property. (31) (26) "Real property" means land, including improvements and fixtures on the land, property of any nature appurtenant to the land or used in connection with the land, and a legal or equitable estate, interest, or right in land, including leasehold interests, terms for years, and a judgment, mortgage, or other lien. (32) (27) "Reserve fund" means any reserve fund established by the department. (33) (28) "Residential housing" means a specific work or improvement undertaken primarily to provide dwelling accommodations, including the acquisition, construction, reconstruction, remodeling, improvement, or rehabilitation of land and buildings and improvements to the buildings for residential housing and other incidental or appurtenant nonhousing facilities. (34) "Rural area" means an area that is located: (A) outside the boundaries of a primary metropolitan statistical area or a metropolitan statistical area; or (B) within the boundaries of a primary metropolitan statistical area or a metropolitan statistical area, if the statistical area has a population of 20,000 or less and does not share a boundary with an urban area; or (C) in an area that is eligible for funding by the Rural Housing Service of the United States Department of Agriculture. (35) "Rural development" means a development or proposed development that is contained within a Rural area as defined in this section. (36) (29) "Servicer" means a person required to meet contractual obligations with the housing finance division or with a mortgage lender relating to a loan financed under Subchapter J, including: (A) purchasing mortgage certificates backed by mortgage loans; (B) collecting principal and interest from the borrower; (C) sending principal and interest payments to the division; (D) preparing periodic reports; (E) notifying the primary mortgage and pool insurers of delinquent and foreclosed loans; and (F) filing insurance claims on foreclosed property. (37) (30) "State low income housing plan" means the comprehensive and integrated plan for the state assessment of housing needs and allocation of housing resources. (38) "Subprime loan" means a loan that is originated by a lender designated as a subprime lender on the subprime lender list maintained by the United States Department of Housing and Urban Development or identified as a lender primarily engaged in subprime lending under Section 2306.143. (39) "Urban area" means the area or communities within the boundaries of a primary metropolitan statistical area or a metropolitan statistical area. (37) "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. (38) "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. (39) "Rural county" means a county that is outside the boundaries of a primary metropolitan statistical area or a metropolitan statistical area. (40) "Subprime loan" means a loan that is originated by a lender designated as a subprime lender on the subprime lender list maintained by the United States Department of Housing and Urban Development or identified as a lender primarily engaged in subprime lending under Section 2306.143. SECTION 1.04. Section 2306.008, Texas Government Code, is amended to read as follows: Sec. 2306.008. Preservation of Affordable Housing. (a) The department shall support in the manner described by Subsection (b) the preservation of affordable housing for individuals with special needs, as defined by Section 2306.511, and individuals and families of low income at any location considered necessary by the department. (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 1.05 Section 2306.022, Texas Government Code, is amended 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[11]. SECTION 1.06 Sections 2306.027, 2306.028, 2306.032, and 2306.0321, Texas 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 at least one member of the Board a person with experience with neighborhood associations or homeowners' associations. (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 members [Appointments] to the board that [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, [more than a 10 percent] any interest in a business entity or other organization regulated by or receiving money from the department; or (3) uses or receives [a substantial] any 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) As a condition of eligibility each board member shall publicly disclose, and periodically update, any ownership interest or involvement with any multifamily development or low income housing tax credit development located either within or without the 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 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 board, including the role and functions of the department and board in the administration of the appeals and alternative dispute resolution process as described in this act; (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. (c) 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 provide the person with information regarding the single family and multifamily bond program and the federal housing programs administered by the department. In the event that the department is unable to obtain an industry training at no cost to the department, then the industry training requirement shall be deferred until such time as such industry training is available at no cost to the department. (d) A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program[s] regardless of whether the attendance at the program[s] occurs before or after the person qualifies for office. Sec. 2306.032. BOARD MEETINGS. (a) The board may hold meetings when called by the presiding officer, the director, or three of the members. (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. (c) All materials in the possession of the department that are relevant to a matter proposed for discussion at a board meeting must be posted on the department's website, including the verbatim transcript from the previous board meeting, made available in hard-copy format at the department, filed with the secretary of state for publication by reference in the Texas Register, and disseminated by any other means required by this chapter or by Chapter 551. (d) The materials described by Subsection (c), if pertinent to an awards 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. (e) The agenda for a board meeting must state each project the staff is recommending for assistance by the department. (f) For each item on the board's agenda at the meeting, the board shall provide for public comment after the presentation made by department staff and the motions made by the board on that topic. (g) The board shall adopt rules that give the public a reasonable amount of time for testimony at meetings. Sec. 2306.0321. APPEAL OF BOARD AND DEPARTMENT DECISIONS. (a) In accordance with Section 2306.082, Texas Government Code, [T] the board shall adopt rules outlining a formal process for appealing board and department decisions utilizing the alternative dispute resolution process in a timely and meaningful manner. (b) The rules must specify the requirements for appealing a board or department decision, including: (1) the persons eligible to appeal; (2) the grounds for an appeal; (3) the process for filing an appeal, including the information that must be submitted with an appeal; (4) a reasonable period in which an appeal must be filed, heard, and decided; (5) the process by which an appeal is heard and a decision is made; (6) the possible outcomes of an appeal; and (7) the process by which notification of a decision and the basis for a timely decision is given. (c) In the event that a decision of the board or department regarding a low income housing tax credit application is reversed by either an appeal or alternative dispute resolution, and such decision that was reversed prevented the applicant from receiving an allocation of low income housing tax credits, the department shall rectify its incorrect decision by awarding the applicant a forward commitment of tax credits. SECTION 1.07. Section 2306.036, Texas Government Code, is amended to read as follows: Sec. 2306.036. Employment of Director. (a) With the approval of the governor, the board shall employ a director to serve at the pleasure of the board. (b) [After the election of a governor who did not approve the director's employment under Subsection (a), that] The 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 1.08. Section 2306.039, Texas Government Code, is amended to read as follows: Sec. 2306.039. Open Meetings and Open Records (a) Except as provided by Subsection (b), the department and the Texas State Affordable Housing Corporation are subject to Chapters 551 and 552. (b) Chapter 551 and 552 of the Texas Government Code This section does not apply to the personal or business financial information, including but not limited to, social security numbers, taxpayer identification numbers, or bank account numbers, submitted by any applicant [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 1.09. Section 2306.070, Texas Government Code, is amended to read as follows: Section 2306.070. Budget. In preparing the department's legislative appropriations request, the department shall also prepare an operating budget for the housing finance division. The department shall submit the operating budget to the Legislative Budget Board, the Senate Finance Committee, and the House Appropriations Committee. As a supplement to the Budget Request, the department shall submit a report detailing the fees received, on a cash basis, for each activity administered by the department for each of the three previous years and an explanation of any projected increase or decrease in fees estimated for the budget that exceeds by three percent the fees received in the most recent budget year. SECTION 1.10. Sections 2306.072, 2306.0721, and 2306.0722, Texas Government Code, are amended to read: Sec. 2306.072. ANNUAL LOW INCOME HOUSING REPORT. (a) Not later than December 18 of each year, the director shall prepare and submit to the board an annual report of the department's housing activities for the preceding year. (b) Not later than the 30th day after the date the board receives the report, the board shall submit the report to the governor, lieutenant governor, speaker of the house of representatives, and members of any legislative oversight committee. (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; (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. (d) Repealed by Acts 2003, 78th Leg., ch. 330, Sec. 31(1). Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.66(a), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 980, Sec. 13, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 226, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1367, Sec. 4.01, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 330, Sec. 31(1), eff. Sept. 1, 2003. Sec. 2306.0721. LOW INCOME HOUSING PLAN. (a) Not later than December 18 of each year, the director shall prepare and submit to the board an integrated state low income housing plan for the next year. (b) Not later than the 30th day after the date the board receives the plan, the board shall submit the plan to the governor, lieutenant governor, and the speaker of the house of representatives. (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) the formula for allocating housing resources described in Section 2306.111 of this Chapter and the allocation targets established under the formula for allocating housing resources; (6) (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; (7) (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; (8) (7) strategies to provide housing for individuals and families with special needs in each uniform state service region; (9) (8) a description of the amount of funds and housing tax credits allocated to the urban and rural areas of each uniform state service region in the preceding year for each federal and state housing or community service program. a description of the department's efforts to encourage in each uniform state service region the construction of housing units that incorporate energy efficient construction and appliances; (10) (9) an estimate and analysis of the housing supply in each uniform state service region; (11) (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; (12) (11) strategies for meeting rural and historically underserved urban areas housing needs; (13) (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; (14) (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); 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. (d) The priorities and policies in another plan adopted by the department must be consistent to the extent practical with the priorities and policies established in the state low income housing plan. (e) To the extent consistent with federal law, the preparation and publication of the state low income housing plan shall be consistent with the filing and publication deadlines required of the department for the consolidated plan. (f) The director may subdivide the uniform state service regions as necessary for purposes of the state low income housing plan. (g) The department shall include the plan developed by the Texas State Affordable Housing Corporation under Section 2306.566 in the department's resource allocation plan under Subsection (c)(5). (h) The department shall consider and incorporate the specific results of the programs of the Texas State Affordable Housing Corporation in the department's estimate and analysis of the housing supply in each uniform state service region under Subsection (c)(9). 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 1.11. Section 2306.081, Texas Government Code, is amended to read as follows: Sec. 2306.081. PROJECT COMPLIANCE; DATABASE. (a) The department, through the division with responsibility for compliance matters, shall periodically monitor 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 associated with the project or the minimum level of any federally required compliance review. [(b) After completion of a project's construction phase, the department shall periodically review the performance of the project to confirm the accuracy of the department's initial compliance evaluation during the construction phase. (c) The department shall use the division responsible for credit underwriting matters and the division responsible for compliance matters to determine the amount of risk associated with each project.] (b) [(d)] The department shall create an easily accessible database that contains all project compliance information developed under this chapter, including project compliance information provided to the department by the Texas State Affordable Housing Corporation. (c) [(e)] The department shall allow the Texas State Affordable Housing Corporation timely access to the information in the database. SECTION 1.12. Section 2306.082, Texas 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, with the exception that the process shall be binding, 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. (c) The department shall designate a trained person to: (1) coordinate the implementation of the policy adopted under Subsection (a); (2) serve as a resource for any training needed to implement 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 1.13. Amend Section 2306.093, Texas Government Code to read as follows: Sec. 2306.093. HOUSING ASSISTANCE GOAL. In administering the programs described in Sections 2306.094 and 2306.097 of this Chapter, the department [By action of the board the community affairs division] shall have a goal to apply a minimum of 25 percent of the division's total housing-related funds toward housing assistance for individuals and families of very low income. SECTION 1.14 Amend Section 2306.111, Texas Government Code, to read as follows: Sec. 2306.111. HOUSING FUNDS. (a) The department, through the housing finance division, shall administer all federal housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12704 et seq.) or any other affordable housing program. (b) In administering federal housing funds provided to the state under the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. Section 12704 et seq.), the department shall be required to have an application acceptance period for multifamily housing sponsors that runs concurrently with the application period for the federal housing tax credit program and the housing trust fund program. [The housing finance division shall adopt a goal to apply an aggregate minimum of 25 percent of the division's total housing funds toward housing assistance for individuals and families of extremely low and very low income.] (c) 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 [at least 95] 100 percent of these funds for the benefit of: (1) 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. By rule, the department shall set-aside 5% of the funds available under this subsection for the benefit of persons with disabilities who live in 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. The department shall annually expend $10 million of the funds available under this subsection for multifamily production or rehabilitation in an application cycle that is open to all eligible applicants under Section 2306.111(b-1) and (b-2). If the department does not receive sufficient feasible applications for housing for persons with disabilities or multifamily production or rehabilitation within the first four months of the application cycle, then the funds shall be available for other purposes authorized under the Cranston-Gonzalez National Affordable Act. [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.] (c) 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 [at least 95] 100 percent of these funds for the benefit of non-participating 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. [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.] (c-1) The following entities are eligible to apply for set-aside funds under Subsection (c): (1) nonprofit providers of affordable housing, including community housing development organizations; and (2) for-profit providers of affordable housing. (c-2) In allocating set-aside funds under Subsection (c), the department shall [may] not give preference to nonprofit providers of affordable housing, except as required by federal law. (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/exurban areas] urban and rural areas, consistent with Section 2306.004, Texas Government Code, 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/exurban areas] urban 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. In determining the availability of housing resources for its multifamily production programs, the department shall consider the dollar amount of: (1) multifamily tax exempt bonds, (2) HOME funds utilized for multifamily production or rehabilitation, and (3) financing provided by or through a governmental entity for multifamily production or rehabilitation, but excluding 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/exurban areas] urban and rural areas in other uniform state service regions based on identified need and financial feasibility. If the department determines that there is less than $5 million in available housing trust funds in a calendar year to allocate pursuant to Section 2306.201-2306.206 of this Chapter, then the department shall be authorized to allocate the housing trust funds based on the 13 state uniform service regions without suballocating the funds between urban and rural areas; provided, however, that the department will make the first award in each region to the highest scoring rural application. (d-1) Funds or credits are not required to be allocated according to the regional allocation formula under Subsection (d) if: (1) the funds or credits are reserved for contract-for-deed conversions or for set-asides mandated by state or federal law; and (2) each contract-for-deed allocation or set-aside allocation equals not more than 10 percent of the total allocation of funds or credits for the applicable program. (d-2) In administering the federal low income housing tax credit program, the department shall further subdivide the urban allocation in any State Uniform Service Region where there is located a historically underserved urban area, as defined in Section 2306.004, based on the population ratio that the total of the historically underserved urban areas bears to the population of the urban area. (d-3) Prior to the application of the regional allocation formula, and notwithstanding this section 2306.111, for calendar years 2006 and 2007, the department shall allocate an additional $2 million per year to Uniform State Service Region 9, 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 these Regions in prior years. The department may utilize forward commitments in 2005 or 2006 to satisfy the provisions of this subsection. (d-4) In allocating federal housing low income housing tax credit commitments under Subchapter DD of this chapter, the department shall utilize 5% of each region's allocation to developments which are financed through the Rural Housing Service of the United States Department of Agriculture and that do not exceed 48 units if new construction or of any size if rehabilitation is involved. Any funds allocated to developments that satisfy this subsection and that involve rehabilitation shall reduce the funds set-aside for At-Risk developments. (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/exurban areas] urban, historically underserved urban 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/exurban areas] urban, historically underserved urban 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). [(g) For all urban/exurban areas and rural areas of each uniform state service region, the department shall establish funding priorities to ensure that: (1) funds are awarded to project applicants who are best able to meet recognized needs for affordable housing, as determined by department rule; (2) when practicable and when authorized under Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42), the least restrictive funding sources are used to serve the lowest income residents; and (3) funds are awarded based on a project applicant's ability, when consistent with Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42), practicable, and economically feasible, to: (A) provide the greatest number of quality residential units; (B) serve persons with the lowest percent area median family income; (C) extend the duration of the project to serve a continuing public need; (D) use other local funding sources to minimize the amount of state subsidy needed to complete the project; and (E) provide integrated, affordable housing for individuals and families with different levels of income.] (g) [(h)] The department by rule shall adopt a policy providing for the reallocation of financial assistance administered by the department, including financial assistance related to bonds issued by the department, if the department's obligation with respect to that assistance is prematurely terminated. (h) [(i)] The director shall designate an employee of the department to act as the information officer and as a liaison with the public regarding each application seeking an allocation of housing funds described by this section. (i) The department shall adopt a goal to apply an aggregate minimum of 25 percent of the division's total housing funds toward housing assistance for individuals and families of extremely low and very low income, unless it is not possible to obtain operating subsidies necessary to meet such goal. SECTION 1.15. Section 2306.1111, Texas Government Code, is amended to read as follows: Sec. 2306.1111. UNIFORM APPLICATION AND FUNDING CYCLE. (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. The department shall have a uniform application cycle for multifamily applications for funding under the 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 Section 2306.201-2306.206, and commitments issued under the federal low income housing tax credit program administered by the department under Subchapter DD. In the event that the department does not receive sufficient feasible applications during the uniform application period for multifamily 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 Section 2306.201-2306.206, then the department may consider additional applications. During the first four months of any application period for multifamily housing funding 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 Section 2306.201-2306.206, the department shall not consider any applications requesting a grant of funds. (b) Wherever possible, the department shall use uniform threshold requirements for single-family and multifamily housing program applications, including uniform threshold requirements relating to market studies and environmental reports. SECTION 1.16. Amend Section 2306.1113, Texas Government Code, to read as follows: Sec. 2306.1113. EX PARTE COMMUNICATIONS. (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 communicate regarding a project application, except with regard to an application that has been included into the alternative dispute resolution process described by Section 2306.082 of this chapter, 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. (a-1) Subject to Subsection (a-2), 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, an employee of the department may communicate about the application 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. (a-2) A communication under Subsection (a-1) may be oral or in any written form, including electronic communication through the Internet, and must satisfy the following conditions: (1) the communication must be restricted to technical or administrative matters directly affecting the application; (2) the communication must occur or be received on the premises of the department during established business hours; and (3) a record of the communication must be maintained and included with the application for purposes of board review and must contain the following information: (A) the date, time, and means of communication; (B) the names and position titles of the persons involved in the communication and, if applicable, the person's relationship to the applicant; (C) the subject matter of the communication; and (D) a summary of any action taken as a result of the communication. (b) Notwithstanding Subsection (a) or (a-1), a board member or department employee may communicate without restriction with a person listed in Subsection (a) or (a-1) at any board meeting or public hearing held with respect to the application. (c) The department shall not adopt any rules that expand the scope of Section 2306.1113(a) to any person other than a board member or that would otherwise restrict communications with any person within the department. SECTION 1.17. Amend Section 2306.1114, Texas Government Code, to read as follows: Sec. 2306.1114. NOTICE OF RECEIPT OF APPLICATION OR PROPOSED APPLICATION. (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 directly provide 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 [organizations] associations on record with the [state or county] department in which the development described in the application is to be located and whose boundaries contain the proposed development site. (b) The notice provided under Subsection (a) must include the following information: (1) the relevant dates affecting the application, including: (A) the date on which the application was filed; (B) the date or dates on which any hearings on the application will be held; and (C) the date by which a decision on the application will be made; (2) a summary of relevant facts associated with the development; (3) a summary of any public benefits provided as a result of the development, including rent subsidies and tenant services; and (4) the name and contact information of the employee of the department designated by the director to act as the information officer and liaison with the public regarding the application. SECTION 1.18. Section 2306.127, Texas 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 federal 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 1.19. Section 2306.147, Texas Government Code, is amended to read as follows: Sec. 2306.147. FEES AND PENALTIES. (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 fees imposed on the housing tax credit program administered by the department under Subchapter DD shall not exceed the costs of administering such program. (b) The department shall waive grant application fees for nonprofit organizations that offer expanded services such as child care, nutrition programs, job training assistance, health services, or human services. SECTION 1.20. Amend Section 2306.148, Texas Government Code, to read as follows: Sec. 2306.148. UNDERWRITING STANDARDS. The board shall have the specific duty and power to adopt underwriting standards for loans made or financed by the housing finance division under its single family and multifamily bond programs. SECTION 1.21. Amend Section 2306.150, Texas Government Code, 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 1.22. Amend Section 2306.171, Texas Government Code, 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 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 that benefit from the housing finance division's programs by attempting to match the division's financing assistance 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 1.23. Amend Section 2306.174, Texas Government Code, 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 of up to 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 1.24. Amend Section 2306.183 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 1.25. Amend Section 2306.185 to read as follows: Sec. 2306.185. LONG-TERM AFFORDABILITY AND SAFETY OF MULTIFAMILY RENTAL HOUSING DEVELOPMENTS. (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 according to the maximum allowable 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 maintains the affordability of the multifamily housing development for the targeted income levels appropriate for the type of housing program for the greater of: (1) the minimum affordability period under the respective federal or state program providing the financing; 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 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 to recover reasonable attorney's fees if the party seeking enforcement of the restriction is successful or the property owner if the enforcement action is unsuccessful. (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 cost of the development; or (4) a grant (f) An owner of the housing development who intends to sell, lease, prepay the loan insured by the United States Department of Housing and Urban Development, opt out of a housing assistance payments contract under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f), or otherwise dispose of the development shall agree to provide notice to the department at least 12 months before the date of any attempt to dispose of the development, prepay the loan, or opt out of the Section 8 contract to enable the department to attempt to locate a buyer who will conform to the development restrictions provided by this section. (g) Repealed by Acts 2003, 78th Leg., Ch. 330, Sec. 31(1). (f)(h) The department shall monitor a development owner's compliance with this section. SECTION 1.26. Amend Section 2306.186, Texas Government Code, to read as follows: Sec. 2306.186. MANDATORY DEPOSITS TO FUND NECESSARY REPAIRS. (a) In this section: (1) "Bank trustee" means a bank authorized to do business in this state., with the power to act as trustee. (2) "Department assistance" means any state or federal assistance administered by or through the department, including low income housing tax credits. (2)(3) "First lien lender" means a lender whose lien has first priority. (3)(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. (b) If the department 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 100 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 (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) The department shall be prohibited from imposing any requirements regarding the preparation of a property condition assessment or the creation, maintenance or funding of a reserve account on any multifamily rental housing development if the department is not the first lien lender of multifamily rental housing development. 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 awarding of any mortgage loan financial assistance for the development by the department that results in the department being the first lien lender, the owner of a multifamily rental housing development shall contract for a third-party physical needs assessment at appropriate intervals that are consistent with lender requirements with respect to the development to determine compliance with local health, safety, and building codes.If the first lien lender does not require a third-party physical needs assessment orIf if the department is the first lien lender, the owner shall contract with a third party to conduct a physical needs assessment at least once during each five-year period beginning with the 11th year after the awarding of any mortgage loan that results in the department being the first lien lender 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. The provisions of this section 2306.186(e) 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. To the extent that the department has previously imposed the requirements on any property that is required to maintain a reserve account under any other provisions of federal or state law, the department shall prepare an amendment to the land use restriction agreement or restrictive covenant removing such requirement. (f) The department may complete necessary repairs if the owner fails to complete the repairs as required by Subsection (e). Payment for those repairs must be made directly by the owner of the development or through a reserve account established for the development under this section. (g) If notified of the development owner's failure to comply with a local health, safety, or building code, the department may enter on the property and complete any repairs necessary to correct a violation of that code, as identified in the applicable violation report, and may pay for those repairs through a reserve account established for the development under this section. (h) The duties of the owner of a multifamily rental housing development under this section cease on the 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 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. (k) The department shall assess an administrative penalty on development owners who fail to contract for the third-party physical needs assessment and make the identified repairs as required by this section. The department may assess the administrative penalty in the same manner as an administrative penalty assessed under Section 2306.6023. The penalty is computed by multiplying $200 by the number of dwelling units in the development and must be paid to the department. The office of the attorney general shall assist the department in the collection of the penalty and the enforcement of this subsection. (f) (l) None of the requirements of this section pertaining to reserve accounts or property condition assessments This section 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. SECTION 1.27. Amend Sections 2306.202, and 2306.203, Texas Government Code, 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. In order to enhance the self-sufficiency of the housing trust fund, the department shall structure its award system to encourage loans over grants by having two application periods, to be organized as follows: (1) an initial loan application cycle that shall be open concurrently with housing tax credit application filing period; and (2) an application period for grants shall only be held in the event that there are any available funding not utilized for loans [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 applicationrequest for a proposal process developed and approved by the board; (3) that the criteria used to rank proposals [will] shall only include the following in descending order of priority: (A) the extent to which individuals and families of low and very low income are served by the development;leveraging of federal resources; (B) cost-effectiveness of a proposed development as determined by the amount of funding per person, based upon a calculation of 1.5 persons per bedroom, with the greater points being awarded for the lowest amount of funding per person served; and (C) leveraging of federal resources with greater points being awarded for a greater percentage of total housing development cost being provided by federal funds [extent to which individuals and families of very low income are served by the development]; (D) leveraging of private funding sources with greater points awarded for larger amount of private funds per person served, based upon a calculation of 1.5 persons per bedroom; (E) support for the development from the State Representative and State Senator for the districts where the development is to be located; (F) priority to developments that are requesting a loan of housing trust funds rather than a grant; and (G) other criteria established by department that are not inconsistent with the priorities established above (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 the department's funding is a grant, for at least 30 20 years. SECTION 1.28. Amend Section 2306.205, Texas Government Code, to read as follows: Sec. 2306.205. Transfer of Money to Housing Trust Fund. (a) Except as provided by Subsections (c), (d), and (e), not later than January 10 of each year the housing finance division shall transfer to the housing trust fund an amount, as determined by the audit report prepared under Section 2306.204, equal to one-half of the housing finance division's unencumbered fund balances in excess of two percent of the division's total bonded indebtedness that is not rated on its own merits in the highest long-term debt rating category by one or more nationally recognized rating agencies. (b) The department shall determine the unencumbered fund balance under Subsection (a) according to the debt rating criteria established for housing finance agencies by one or more nationally recognized rating agencies. (c) If, at the time an annual audit required by Section 2306.204 is concluded, the housing finance division's unencumbered fund balances exceed four percent of its total bonded indebtedness that is not rated on its own merits in the highest long-term debt rating category, the department shall transfer not later than January 10 of the next year all amounts in excess of that four percent. (d) If, at the time an annual audit required by Section 2306.204 is concluded, a nationally recognized rating agency has recommended that the housing finance division maintain unencumbered fund balances in excess of the amount permitted by Subsection (a) to achieve or maintain a rating of at least Aa/A+ on all or a portion of the bonded indebtedness of the housing finance division that is issued under an open indenture or an open flow of funds, the department shall transfer not later than January 10 of the next year all amounts in excess of the amount required by the rating agency to be held as unencumbered fund balances. (e) If, at the time an annual audit required by Section 2306.204 is concluded, a nationally recognized rating agency has recommended that the housing finance division increase the amount of its unencumbered fund balances to achieve or maintain a financially sound condition or to prevent a decrease in the long-term debt rating maintained on all or a portion of the housing finance division's bonded indebtedness, the housing finance division may not make further annual transfers to the housing trust fund until all requirements and conditions of the rating agency have been met. (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 in administering the program. SECTION 1.29. Amend Section 2306.227, Texas Government Code, to read as follows: Sec. 2306.227. Prepayment of Mortgage Loans. A mortgage loan made under this chapter may be prepaid at any time prior to maturity [after the period of years and under the terms and conditions determined by the board]. SECTION 1.30. Amend Section 2306.229, Texas Government Code, by adding Subsection (c) to read as follows: Sec. 2306.229. Documents Supporting Mortgage Loans. (a) A mortgage loan shall be evidenced by a mortgage or deed of trust note or bond and by a mortgage that creates a lien on the housing development and on all real property that constitutes the site of or that relates to the housing development. (b) A note or bond and a mortgage or deed of trust: (1) must contain provisions satisfactory to the department; (2) must be in a form satisfactory to the department; and (3) may contain exculpatory provisions relieving the borrower or its principal from personal liability if the department agrees. (c) For all loans made for multifamily housing development 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; provided, however, that the department shall not designate or require the Borrower to provide the mortgagee title policy from any specific title insurance company. The borrower of the funds providing the mortgagee title policy shall select the title insurance company to close the loan and to provide the mortgagee title policy. SECTION 1.31. Amend Section 2306.252 to read as follows: Sec. 2306.252. HOUSING RESOURCE CENTER. (a) The board shall establish a housing resource center in the housing finance division. (b) The [department, through the] housing resource center, shall: (1) provide educational material prepared in plain language to the public housing advocates, housing sponsors, borrowers, and tenants; (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. (d) The center shall serve as a housing and community services clearinghouse to provide information to the public, local communities, housing providers, and other interested parties regarding: (1) the performance of each department program; (2) the number of people served; (3) the income of people served; (4) the funding amounts distributed; (5) allocation decisions; (6) regional impact of department programs; and (7) any other relevant information. (e) The center shall compile the department's reports into an integrated format and shall compile and maintain a list of all affordable housing resources in the state, organized by community. (f) The information required under Subsections (d) and (e) must be readily available in: (1) a hard-copy format; and (2) a user-friendly format on the department's website. (g) The center shall provide information regarding the department's housing and community affairs programs to the Texas Information and Referral Network for inclusion in the statewide information and referral network as required by Section 531.0312. SECTION 1.32. Amend Section 2306.253 (d)(1), Texas Government Code, to read as follows: Sec. 2306.253. (d) 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 fees charged by the department for organizations or individuals to attend any homebuyer education programs [the amount of administrative or service fees the department 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 1.33. Amend Section 2306.254, Texas Government Code, to read as follows: Sec. 2306.254. Tenant Services Program. (a) In this section, "tenant services" means social services, including child care, transportation, and basic adult education, that are provided to individuals residing in low income housing under Title IV-A, Social Security Act (42 U.S.C. Section 601 et seq.), and other similar services. (b) The department may encourage, but shall not require, [shall structure the requirements for] the provision of tenant services in any multifamily 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 provided at no cost by third parties or are eligible for additional federal matching funds through workforce development or welfare-related programs. (c) The department shall designate a department employee as the tenant services program coordinator. The coordinator shall serve as a liaison to the Texas Workforce Commission, the Texas Department of Human Services, the Department of Protective and Regulatory Services, and the Legislative Budget Board on matters relating to the coordination of tenant services 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. (e) Not later than December 1 preceding a regular session of the legislature, the department shall file with the appropriate state agencies and legislative committees a report discussing the results of the department's program under this section. SECTION 1.34. Amend Section 2306.257, Texas Government Code, to read as follows: Sec. 2306.257. Applicant Compliance With State and Federal Laws Prohibiting Discrimination: Certification and Monitoring (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.). [(b) In conjunction with the state Commission on Human Rights, the department shall adopt rules governing the certification process described by this section, including rules establishing: [(1) procedures for certifying compliance; [(2) methods for measuring continued compliance; and [(3) different degrees of sanctions for noncompliance and reasonable periods for correcting noncompliance. [(c) Sanctions imposed under Subsection (b)(3) may: [(1) include a public reprimand, termination of assistance, and a bar on future eligibility for assistance through a housing program under this chapter; and [(2) be imposed in addition to any action taken by the state Commission on Human Rights. [(d) The department shall promptly notify the state Commission on Human Rights if the department determines that a program participant may have failed to comply with the laws listed by Subsection (a)]. SECTION 1.35. Amend Section 2306.259, Texas Government Code, to read as follows: Sec. 2306.259. AFFORDABLE HOUSING RESEARCH AND INFORMATION PROGRAM. With money available under Section 1372.006(a), the department shall fund [establish an affordable] the housing research center described in Section 2306.252 of this Chapter [and information program in which the department shall contract for: [(1) periodic market studies to determine the need for housing families of extremely low, very low, and low income in census tracts throughout the state; [(2) research from qualified professionals to determine the effect of affordable housing developments on property values, social conditions, and quality of life in surrounding neighborhoods; and [(3) independent research in affordable housing design and development approaches that enhance community acceptance of affordable housing and improve the quality of life for the residents of the housing; and [(4) public education and outreach efforts to assist the public in understanding the nature and purpose of affordable housing and the process for public participation in the administration of affordable housing programs]. SECTION 1.36. Amend Section 2306.269, Texas Government Code, 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 2-1/2 times the individual's or family's share of the total monthly rent payable to the owner of the development]. SECTION 1.37. Amend Section 2306.271, Texas Government Code, to read as follows: Sec. 2306.271. COST CONTROLS. (a) The housing finance division by rule shall specify the categories of costs allowable in the construction, reconstruction, remodeling, improvement, or rehabilitation of a housing development. (b) The housing finance division shall require a housing sponsor to certify the actual housing development costs on completion of the housing development [, subject to audit and determination by the department]. The certification of costs shall be accompanied by an unqualified certified public accountant's audit report on the actual housing development costs and prepared in accordance with generally accepted accounting principles and generally accepted auditing standards. (c) The department may accept, instead of certification of housing development costs under Subsection (b), other assurances of the costs, in any form, that will enable the housing finance division to determine with reasonable accuracy the amount of the costs. (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 [risk] a 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 1.38. Amend Section 2306.313, Texas Government Code, to read as follows: Sec. 2306.313. Termination of Tenancy. (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 household as an occupant would violate the income limitations for the specific 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 [(c) At the time notice of termination is given, the housing finance division shall provide information to the tenant on other division programs for which the tenant qualifies and shall encourage the tenant's participation in those programs]. SECTION 2.01. Amend Section 2306.6701, Texas Government Code, to read as follows:
SUBCHAPTER DD. LOW INCOME HOUSING TAX CREDIT PROGRAM
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) Pursuant to its goals under this chapter, the department shall not approve, promulgate, nor otherwise publish any rule that: (1) establishes standards or parameters that exceed the regulatory requirements of Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42); or (2) imposes, or has the effect of imposing, direct compliance requirements or costs on local governments, or program applicants, that are not required by federal law or state statute. SECTION 2.02. Amend Section 2306.6702, Texas Government Code, to read as follows: Sec. 2306.6702. DEFINITIONS. (a) In this subchapter: (1) "Applicant" means any person or affiliate of a person who files an application with the department requesting a housing tax credit allocation. (2) "Application" means an application filed with the department by an applicant and includes any exhibits or other supporting materials. (3) "Application log" means a form containing [at least] the information required by Section 2306.6709. (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]. (5) "Area Median Gross Household Income" or "AMGI" means the area median gross household income, as determined for all purposes under and in accordance with the requirements of the Internal Revenue Code, §42 [ 26 U.S.C Section Section 42]. (5) (6) "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, 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); or (ii) Section 236, National Housing Act (12 U.S.C. Section 1715z-1); or (iii) Section 202, Housing Act of 1959 (12 U.S.C. Section 1701q); or (iv) Section 101, Housing and Urban Development Act of 1965 (12 U.S.C. Section 1701s); or (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 (viii) (vi) Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42); or (vii) any project-based assistance authority pursuant to Section 8 of the United States Housing Act of 1937; and (B) is subject to the following conditions: (i) the stipulation to maintain affordability in the contract granting the subsidy is [nearing] within two years of 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. (6) (7) "Development" means a proposed qualified low income housing project, as defined by Section 42(g), Internal Revenue Code of 1986 (26 U.S.C. Section 42(g)), that consists of one or more buildings containing multiple units, that is financed under a common plan, and that is owned by the same person for federal tax purposes, including a project consisting of multiple buildings that: (A) are located on scattered sites; and (B) contain only rent-restricted units. (8) (7) "Development owner" means any person or affiliate of a person who owns or proposes a development or expects to acquire control of a development under a purchase contract approved by the department. (9) (8) "Housing tax credit" means a tax credit allocated under the low income housing tax credit program. (10) (9) "Land use restriction agreement" means an agreement between the department, the development owner, and the development owner's successors in interest that encumbers the development with respect to the requirements of this subchapter and the requirements of Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42). (11) (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 Sections 2306.67042 and 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) produces 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. (12) (11) "Related party" means the following individuals or entities: (A) the brothers, sisters, spouse, ancestors, and descendants of a person within the third degree of consanguinity, as determined by Chapter 573; (B) a person and a corporation, if the person owns more than 50 percent of the outstanding stock of the corporation; (C) two or more corporations that are connected through stock ownership with a common parent possessing more than 50 percent of: (i) the total combined voting power of all classes of stock of each of the corporations that can vote; (ii) the total value of shares of all classes of stock of each of the corporations; or (iii) the total value of shares of all classes of stock of at least one of the corporations, excluding, in computing that voting power or value, stock owned directly by the other corporation; (D) a grantor and fiduciary of any trust; (E) a fiduciary of one trust and a fiduciary of another trust, if the same person is a grantor of both trusts; (F) a fiduciary of a trust and a beneficiary of the trust; (G) a fiduciary of a trust and a corporation if more than 50 percent of the outstanding stock of the corporation is owned by or for: (i) the trust; or (ii) a person who is a grantor of the trust; (H) a person or organization and an organization that is tax-exempt under Section 501(a), Internal Revenue Code of 1986 (26 U.S.C. Section 501), and that is controlled by that person or the person's family members or by that organization; (I) a corporation and a partnership or joint venture if the same persons own more than: (i) 50 percent of the outstanding stock of the corporation; and (ii) 50 percent of the capital interest or the profits' interest in the partnership or joint venture; (J) an S corporation and another S corporation if the same persons own more than 50 percent of the outstanding stock of each corporation; (K) an S corporation and a C corporation if the same persons own more than 50 percent of the outstanding stock of each corporation; (L) a partnership and a person or organization owning more than 50 percent of the capital interest or the profits' interest in that partnership; or (M) two partnerships, if the same person or organization owns more than 50 percent of the capital interests or profits' interests. [(12) "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 20,000 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.] (13) "Rural development agency" means the state agency designated by the legislature as primarily responsible for rural area development in the state. (14) "Set-aside" means a reservation of a portion of the available housing tax credits to provide financial support for specific types of housing or geographic locations or serve specific types of applicants as permitted by the qualified allocation plan on a priority basis. (15) "Threshold criteria" means the criteria used to determine whether the development satisfies the minimum level of acceptability for consideration established in Section 2306.67042 of this Chapter [the department's qualified allocation plan]. (16) "Unit" means any residential rental unit in a development consisting of an accommodation, including a single room used as an accommodation on a non-transient basis, that contains complete physical facilities and fixtures for living, sleeping, eating, cooking, and sanitation. (b) For purposes of Subsection (a) (12) [(11)], the constructive ownership provisions of Section 267, Internal Revenue Code of 1986 (26 U.S.C. Section 267), apply. The board may lower in the qualified allocation plan the percentages described by Subsection (a)(12) [(11)]. SECTION 2.03. Amend Section 2306.6703, Texas Government Code, 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, or any persons required to be disclosed under Section 2306.6707 of this chapter, 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 staff 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 Text of (a)(3) as amended by Acts 2003, 78th Leg., ch. 330, Sec. 18 (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. Text of (a)(3) as amended by Acts 2003, 78th Leg., ch. 1106, Sec. 1 (3) the applicant proposes to construct a new development that is located one linear mile or less from a development that: (A) serves the same type of household as the new development; (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. (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, prior to allocation, [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. (5) if the application or any affiliate of the applicant has any business relationship with any board member or a member of the department staff. (b) Subsection (a)(3) and (a)(4) dodoes 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; or (B) locally approved funds received from a public improvement district or a tax increment financing district; or (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 the Section 515 Rural Rental Housing Program administered by the United States Department of Agriculture (42 U.S.C. Section 1485); or
Text of (b)(2) as added by Acts 2003, 78th Leg., ch. 330, Sec. 18
(2) that is located in a county with a population of less than one million; or
Text of (b)(2) as added by Acts 2003, 78th Leg., ch. 1106, Sec. 1
(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). SECTION 2.04. Add new Section 2306.67035, Texas Government Code, to read as follows: Sec. 2306.67035. SPECIAL RURAL AND HISTORICALLY UNDERSERVED URBAN AREAS REQUIREMENTS. (a) Notwithstanding any other provision of this chapter, an application for housing tax credits from the funds available for rural areas should be limited to rehabilitation of any size development and new construction developments of 76 units or less. A new construction development in excess of 76 units that is located in a rural area shall only be eligible for funding from the urban or historically underserved urban area funding regardless of its location. Section 2.05 Amend Section 2306.6704, Texas Government Code, to read as follows: Sec. 2306.6704. PREAPPLICATION PROCESS. (a) To prevent unnecessary filing costs, the department by rule shall establish a voluntary preapplication process to enable a preliminary assessment of an application proposed for filing under this subchapter. (b) The department shall award in the application evaluation process described by Section 2306.6710 an appropriate number of points as an incentive for participation in the preapplication process established under this section. (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 [organizations] associations on record with the [state or county] department, as of the first of December in the year immediately preceding the application deadline, in which the development is to be located and whose boundaries 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; (4) the presiding officer of the governing body of the county containing the development and all elected members of that body; and (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 in Section 2306.67042required 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 a preapplication; provided, however, that the last date for submitting a preapplication under this section shall not be earlier than February 1. SECTION 2.06. Add a new Section 2306.67042, Texas Government Code, to read as follows: Section 2306.67042 Threshold Criteria. (a) In order to be eligible for scoring, the department shall only require that all applications for an allocation of low income housing tax credits satisfy the following threshold criteria: (1) Completion and submission of the Application as developed by the Department; and (2) Completion and submission of information regarding the location of the proposed development; and (3) Documentation must be provided that confirms eligibility for all Set-Asides under which the Application is seeking funding; and (4) Certifications: (A) A certification of the basic amenities selected for the Development. The amenities selected must be made available for the benefit of all tenants. If fees in addition to rent are charged for amenities reserved for an individual tenant's use, then the amenity may not be included. Developments with more than 36 units must provide at least four of the amenities provided in clauses (i) through (vi) of this subparagraph. Developments with 36 Units or less and/or Developments receiving funding from under the Section 515 program administered by the United States Department of Agriculture (42. U.S.C. Section 1485) must provide at least two of the following amenities: (i) full perimeter fencing; (ii) designated playground and equipment; (iii) community laundry room and/or laundry hook-ups in Units ; (iv) a furnished community room; (v) recreation facilities; (vi) public telephone(s) available to tenants 24 hours a day; (C) A certification that the Development will adhere to the Texas Property Code relating to security devices and other applicable requirements for residential tenancies. (D) A certification that the Applicant is in compliance with state and federal laws relating to fair housing. (E) A certification that the Development will comply with the accessibility standards that are required under Section 2306.6722 of this Chapter; and (5) All of the architectural drawings identified in clauses (i) through (iv) of this subparagraph. While full size design or construction documents are not required, the drawings must have an accurate and legible scale and show the dimensions. All Developments involving new construction, or conversion of existing buildings not configured in the Unit pattern proposed in the Application, must provide all of the items identified in clauses (i) through (iii) of this subparagraph. For Developments involving rehabilitation for which the Unit configurations are not being altered, only the items identified in clauses (i) and (ii) of this subparagraph are required: (i) a site plan; (ii) floor plans for each type of residential building and each type of common area building; (iii) floor plans and elevations for each type of residential building and each common area building clearly depicting the height of each floor; and (B) City or County lot maps of the proposed Development site; and (6) A description of the Development's development costs and corresponding credit request and syndication information as described in subparagraphs (A) through (C) of this paragraph. (A) The information required in Section 2306.6705 of this Chapter. (B) For Developments located in a Qualified Census Tract as determined by the Secretary of HUD, a copy of the census map clearly showing that the proposed Development is located within a qualified census tract (C) A schedule of any offsite costs; and (7) Evidence of readiness to proceed as evidenced by at least one of the items under each of subparagraphs (A) through (C) of this paragraph: (A) Evidence of site control in the name of Development Owner. (B) Evidence of interim and permanent financing sufficient to fund the proposed total housing development cost less any other funds requested from the Department and any other sources documented in the Application. Such evidence must be consistent with the sources and uses of funds represented in the Application and shall be provided in one or more of the following forms described in clauses (i) through (iv) of this subparagraph: (i) bona fide financing in place as evidenced by a valid and binding loan agreement and a deed(s) of trust in the name of the Development Owner which identifies the mortgagor as the Applicant or entities which comprise the general partner and/or expressly allows the transfer to the development owner; or, (ii) 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 which is addressed to the development owner, or entities which comprise the Applicant and which has been executed by the lender (the term of the loan must be for a minimum of 15 years with at least a 30 year amortization). The commitment 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, and the anticipated interest rate and any required guarantors. Such a commitment may be conditional upon the completion of specified due diligence by the lender and upon the award of tax credits; or, (iii) any federal, state or local gap financing, whether of soft or hard debt, must be identified at the time of Application. At a minimum, evidence from the lending agency that an application for funding has been made and a term sheet which clearly describes the amount and terms of the funding, and the date by which the funding determination will be made and any commitment issued, must be submitted. Evidence of application for funding from another department program is not required. (C) A legal description of the proposed site; and (8) Evidence of all of the public notifications required in this Chapter; and (9) A description of the development's proposed ownership structure and the Applicant's previous experience as described in subparagraphs (A) through (B) of this paragraph. (A) Chart which clearly illustrates the complete organizational structure of the proposed development owner providing the names and ownership percentages of all persons having an ownership interest in the development owner. (B) Evidence that each entity shown on an the organizational chart described in subparagraph (A) of this paragraph that has 10% or more ownership interest in the development owner has provided a copy of the completed and executed previous participation and background certification form to the department; and (10) A description of the development's projected income and operating expenses as described in subparagraphs (A) through (C) of this paragraph: (A) A 15-year proforma estimate of operating income and expenses and supporting documentation used to generate projections. (B) 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 funds, and the term and expiration date of the contract or other agreement. (C) Applicant must provide documentation from the source of the utility allowance estimate used in completing the rent schedule; and (11) Applications involving nonprofit general partners and qualified nonprofit developments. (A) All applications involving a nonprofit general partner or applying for the nonprofit set-aside must submit all of the documents described in Section 2306.6706 of this Chapter. (B) Additionally, all applications applying under the nonprofit set-aside must also provide the following information with respect to the qualified nonprofit organization as described in clauses (i) through (vi) of this subparagraph. (i) 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; (ii) 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; (iii) a third party legal opinion stating: (I) that the nonprofit organization is not affiliated with or controlled by a for-profit organization and the basis for that opinion, and (II) that the nonprofit organization is eligible, as further described, for a housing credit allocation from the nonprofit set-aside and the basis for that opinion. Eligibility is contingent upon the non-profit organization controlling the Development, or if the organization's application is filed on behalf of a limited partnership, or limited liability company, being the managing general partner (or managing member); and otherwise meet the requirements of the Section §42(h)(5) of the Internal Revenue Code [(26 U.S.C. Section 42(h)(5)]; (iv) a copy of the nonprofit organization's most recent audited financial statement; and (12) Applicants applying for acquisition credits or affiliated with the seller must provide all of the documentation described in subparagraphs (A) through (C) of this paragraph. Applicants applying for acquisition credits must also provide the items described in subparagraph (D) of this paragraph; and (A) an appraisal, not more than 12 months old as of the date of submittal to the department. The appraisal may be submitted within 30 days of the date the application is submitted to the department. This appraisal of the property must separately state the as-is, pre-acquisition or transfer value of the land and the improvements where applicable; (B) a valuation report from the county tax appraisal district; (C) clear identification of the selling Persons, and details of any relationship between the seller and the Applicant (D) Information to establish that the development is eligible for acquisition credits; and (13) Financial statement of the applicant and any controlling persons; and (14) Information demonstrating that the project development applicant has the experience and the financial capacity to ensure project completion; and (15) Supplemental Threshold Reports. Documents under subparagraph (A) and (B) of this paragraph may be submitted within 30 days from the date of submittal to the department of the application. (A) A Phase I Environmental Site Assessment on the subject property, dated not more than 12 months prior to the date the application is submitted to the department. In the event that a Phase I Environmental Site Assessment on the development is dated more than 12 months prior to 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 prior to the date the application is submitted from the organization which 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 involving funding from the Rural Housing Service of the United States Department of Agriculture or the United States Department of Housing and Urban Affairs are not be required to submit a Phase I Environmental Site Assessment. (B) A comprehensive market analysis prepared at the Applicant's expense by a disinterested qualified market analyst in accordance with Section 2306.67055 of this Chapter. For applications involving the rehabilitation of an existing property and that receive funding from the Rural Housing Service of the United States Department of Agriculture, no market analysis shall be required. SECTION 2.07. Amend Section 2306.6705, Texas Government Code, to read as follows: Sec. 2306.6705. GENERAL APPLICATION REQUIREMENTS. 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; (A)(B) a relocation plan outlining: (i) how the rehabilitation process will affect any existing tenants relocation requirements; and (ii) a budget for any permanent or temporary relocation of tenants, if any, 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; (8) any other information required by the board in the qualified allocation plan; and (8) (9) evidence that the applicant has notified the following entities with respect to the filing of the application: (A) any neighborhood [organizations] associations on record with the [state or county] department in which the development is to be located and whose boundaries 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. (9) the department shall not require any additional information other than in this chapter. SECTION 2.08. Add new Section 2306.67053, Texas Government Code, to read as follows: Sec. 2306.67053. Application Requirement Prohibitions. (a) In setting requirements under this subchapter, the board and the department shall be prohibited from promulgating rules, or otherwise mandating the unit mix or bedroom makeup of any non elderly housing development. SECTION 2.09. Amend Section 2306.6706, Texas Government Code, to read as follows: Sec. 2306.6706. ADDITIONAL APPLICATION REQUIREMENT: NONPROFIT SET-ASIDE ALLOCATION. (a) In addition to the information required by Section 2306.6705, an application for a housing tax credit allocation from the nonprofit set-aside, as defined by Section 42(h)(5), Internal Revenue Code of 1986 (26 U.S.C. Section 42(h)(5)), must contain the following written, detailed information with respect to each development owner and each general partner of a development owner: (1) Internal Revenue Service documentation of designation as a Section 501(c)(3) or 501(c)(4) organization; (2) evidence that one of the exempt purposes of the nonprofit organization is to provide low income housing; (3) a description of the nonprofit organization's participation in the construction or rehabilitation of the development and in the ongoing operations of the development; (4) evidence 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; (5) a third-party legal opinion stating that the nonprofit organization is not affiliated with or controlled by a for-profit organization and the basis for that opinion; (6) a copy of the nonprofit organization's most recent audited financial statement; (7) a list of the names and home addresses of members of the board of directors of the nonprofit organization; (8) a third-party legal opinion stating that the nonprofit organization is eligible under Subsection (b) for a housing tax credit allocation from the nonprofit set-aside and the basis for that opinion; and (9) evidence that a majority of the members of the nonprofit organization's board of directors principally reside: (A) in this state, if the development is located in a rural area; or (B) not more than 90 miles from the development in the community in which the development is located, if the development is not located in a rural area. (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) [if the organization's application is filed on behalf of a limited partnership, be the managing general partner] materially participate in the development and operation of the development throughout the compliance period; 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 2.10. Amend Section 2306.6707, Texas Government Code, to read as follows: Sec. 2306.6707. ADDITIONAL APPLICATION REQUIREMENT: DISCLOSURE OF INTERESTED PERSONS. (a) The applicant must disclose in the application the names of any persons, including affiliates of those persons and related parties, providing developmental or operational services to the development, including: (1) a development owner; (2) an architect; (3) an attorney; (4) a tax professional; (5) a property management company; (6) a consultant; (7) a market analyst; (8) a tenant services provider; (9) a syndicator; (10) a real estate broker or agent or a person receiving a fee in connection with services usually provided by a real estate broker or agent; (11) at the time the application is submitted, the owners of the property on which the development is located; (12) a developer; [and] (13) a builder or general contractor; and (14) any person described by Section 2306.6703(1) of this chapter. (b) For each person described by Subsection (a), the application must disclose any company name, company contact person, address, and telephone number. SECTION 2.11. Amend Section 2306.6709, Texas Government Code, to read as follows: Sec. 2306.6709. APPLICATION LOG. (a) In a form prescribed by the department, the department shall maintain for each application an application log that tracks the application from the date of its submission. (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 for allocation by [the department to] the applicant; (4) any set-aside category under which the application is filed; (5) in strict accordance with Section 2306.6710 of this chapter and Section 42(m)(B), Internal Revenue Code of 1986 (26 U.S.C. Section 42(m)(B), the score of the application in each scoring category [adopted by the department under] contained within 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 2.12. Amend Section 2306.6710, Texas Government Code, 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 the board in the qualified allocation plan. The department shall reject and return to the applicant any application that fails to satisfy the threshold criteria. (b) If an application satisfies the threshold criteria, the department shall score and rank the application using the following a point system [that]: (1) Development Financial Feasibility. (A) Fifty points will be awarded if the project is determined to be financially feasible based on the Applicant's certification of reasonably expected sources and uses of funds during the development process and of planned operating income and expenses during the initial 15 years of operation as a housing development. No partial points will be awarded. (B) Although a development may be deemed financially feasible under subparagraph (A) above, if the deferral of 50% or more of the developer's fee for urban development (or 60% or more for a rural developments) is required to make the project feasible based upon the supporting financial data then there shall be 10 points deducted from the Application. (2) Quantifiable Community Participation from Neighborhood Associations. Points will be awarded based on written statements of support or opposition from neighborhood associations on record with the department and whose boundaries contain the proposed Development site. If there are no neighborhood associations on record with the department, or if no letters either in support or opposition are received, or if the application involves the rehabilitation of an At-Risk development, the development shall be awarded the maximum points allowable under this scoring component. If 80% or more of letters from neighborhood associations support the development, then the Applicant will be awarded 40 points. If between 50% and 79.9% of the letters from neighborhood associations support the development, then the applicant will be awarded 30 points. If a majority of the letters from neighborhood associations oppose the development, then the Applicant will be awarded zero points. (3) Income level of tenants. An Applicant may receive points under either subparagraph (A) or (B), but not both. (A) If the proposed development is located outside of a qualified census tract and there is documented, committed, and available third party funding source to provide project based rental assistance to 50 percent of the tenants, and the Applicant will agree that 50% or more of the total units in the development will be restricted to being rented to households with incomes equal to or below 30% of the greater of local area median income, as adjusted for household size, or the statewide median income, as adjusted for household size, then the Applicant shall be awarded 30 points. The documented, committed and available third party funding source to provide project based rental assistance shall only be from project based Section 8, USDA 5 year rental assistance contract, or HUD contract for project based Section 8 operating assistance, or similar long term ( at least 5 year)federal or state project based rental assistance programs. (B). An Application may qualify for points under only one of the below listed subsections (i) through (vii). To qualify for these points, the rents for the rent-restricted Units must not be higher than the allowable tax credit rents at the rent-restricted area median gross income level, as defined by this subchapter in Sec. 2306.6702. For Section 8 residents, or other rental assistance tenants, the tenant paid rent plus the utility allowance is compared to the rent limit to determine compliance. The development owner, upon making selections will set aside units at the rent-restricted levels of AMGI and will maintain the percentage of such Units continuously over the compliance and extended use period as specified in a land use restriction agreement. Developments may qualify for points under only one subparagraph in this section. (i) If 10% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 30% of the AMGI, then the Applicant shall be awarded 25 points. (ii) If 40% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 50% of the AMGI, then the Applicant shall be awarded 20 points. (iii) If 35% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 50% of the AMGI, then the Applicant shall be awarded 17 points. (iv) If 30% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 50% of the AMGI, then the Applicant shall be awarded 14 points. (v) If 25% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 50% of the AMGI, then the Applicant shall be awarded 11 points. (vi) If 20% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 50% of the AMGI, then the Applicant shall be awarded 8 points. (vii) If 15% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 50% of the AMGI, then the Applicant shall be awarded 5 points. (viii) If 10% of the total number of low income units (including Units at 60% of AMGI) are designated for tenants at or below 50% of the AMGI, then the Applicant shall be awarded 2 points. (4) Development Characteristics. Applications may receive points under as many of the following subparagraphs as are applicable; however to qualify for points under subsection , the development must first meet the minimum requirements identified under subparagraph (A) of this subsection, with the exception that the minimum requirement does not apply to applications involving rehabilitation, or developments receiving funding from Rural Housing Service of the United States Department of Agriculture. The maximum number of points to be awarded under this paragraph is 25 points. (A) Unit Size. The square feet of all of the units in the development, for each type of unit, must be at minimum: (i) 500 square feet for an efficiency unit; (ii) 650 square feet for a non-elderly one bedroom unit; 550 square feet for an elderly one bedroom unit; (iii) 900 square feet for a two bedroom unit; 750 square feet for an elderly two bedroom unit; (iv) 1,000 square feet for a three bedroom unit; and (v) 1,200 square feet for a four bedroom unit. (B) Unit Amenities and Quality. Applications in which developments provide specific amenity and quality features in every Unit at no extra charge to the tenant will be awarded points based on the point structure provided in clauses (i) through (xxxiv) of this subparagraph, not to exceed 25 points in total. Applications involving rehabilitation or proposing single room occupancy will double the points listed for each item, not to exceed 25 points in total. (i) Computer line/phone jack available in all bedrooms (only one phone line needed) (1 point) (ii) Mini-blinds or window coverings for all windows ( 1 point); (iii) Dishwasher and disposal in all units ( 1 point) (iv) Refrigerator with ice maker ( 2 points) (v) Self-cleaning ovens ( 1 point) (vi) Ceiling fans in living areas and bedrooms ( 2 points) (vii) Covered entries (1 point); (viii) Nine foot ceilings (2 points); (xi) Ceiling fixtures in all rooms (globe with ceiling fan in all bedrooms) (1 point); (xii) Laundry connections (2 point); (xiii) Storage room or closet, of approximately 9 square feet or greater, which does not include bedroom, entryway or linen closets (1 point); (xiv) Laundry equipment (washers and dryers) in units (3 points); (xv) Thirty year architectural shingle roofing (1 point); (xvi) Covered patios or covered balconies (1 point); (xvii) Covered parking of at least one covered space per Unit (2 points); (xviii) Parking garages of at least one covered space per Unit (4 points); (xix) Greater than 75 % masonry on exterior ( 2 points) or 100% masonry on exterior, which can include stucco and cementious board products, excluding efis (3 points); (xix) Energy Star or equivalently rated Kitchen Appliances (2 points) (xx) Full perimeter fencing (1 point) or full perimeter fencing with controlled gate access (3 points) (xxi) Designated playground and equipment ( 2 points); (xxii) Community laundry room ( 1 point); (xxiii) A furnished community room ( 1 point) (xxiv) Public telephone available to tenants 24 hours a day ( 1 point) (xxv) All units will adhere to the 2000 International Energy Conservation Code (IECC) for Energy savings Devises as listed below. If all requirements met, then 3 points: (a) For new construction, insulation values of R-15 for exterior walls and R-30 for ceilings. For rehabilitation projects, insulation values of R-30 for ceilings.; (b) If newly installed, Energy Star or equivalent rated air handler and condenser; or heating and cooling systems with minimum SEER 12 A/C and AFUE 90% furnace if using gas; or in dry climates an evaporative cooling system may replace the Energy Star cooling system; (c) If installed new, water heaters to have an energy factor no less than .93 for electric or greater than .62 for gas; and (d) Maximum 2.5 gallon/per minute showerheads and maximum 1.5 gallon/minute faucet aerators. (xxvi) Radiant-barrier roofing technology (3 points); (xxvii) Gazebo/Arbor w/sitting area (1 point); (xxviii) Accessible walking path (1 point); (xxix) Community gardens (1 point) (xxx) Barbecue grill and picnic table 1 point); (xxxi) Covered pavilion ( 1 point) (xxxii) Swimming pool ( 3 points) (xxxiii) Furnished fitness center ( 2 points) (xxxiv) Game/TV room ( 2 points); (5) Commitment of development funding by local political subdivision. If the proposed development has received a commitment for equal to or greater than 10% of the total development cost from a local political subdivision, which is not related to the Applicant, then the Applicant shall receive 20 points. Such funds can include Community Development Block Grant or loan funds, HOME funds, a local housing trust, local Affordable Housing funds, or other quantifiable financing contributions by the local political subdivision. For rural projects, HOME and Housing Trust Funds allocated by the Department shall qualify for these points. Evidence to be submitted with the Application must include a copy of the commitment of funds or a copy of the application 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 30 days prior to the Board recommendation of tax credit allocations in order to receive points under this subparagraph. (6) Community Support from State Elected Officials. Points will be awarded based on the 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 as long as the letter is received by the department prior to any action by the board on the application. Points can be awarded for letters of support or opposition as identified in clauses (i) through (v) of this subparagraph, not to exceed a total of 14 points. (i) Letter of support from both State of Texas Representative and Senator (7 points each, maximum of 14 points); (ii) Letter of support from either State of Texas Representative or Senator (7 points); (iii) Letter of opposition from either State of Texas Representative or Senator (-10 points). (iv) Letter of opposition from both State of Texas Representative and Senator (-25 points) (v) If both State of Texas Representative and Senator are contacted but no letters either in support or opposition are received (10 points). (7) Rent level of units. If greater than 95 percent of the units in the development (excluding any units reserved for a manager) are restricted to having rents plus the allowance for utilities equal to or below the maximum tax credit rent, then the development shall be awarded 12 points. If between 91 percent and 95 percent of the units in the development (excluding any units reserved for a manager) are restricted to having rents plus the allowance for utilities equal to or below the maximum tax credit rent, then the development shall be awarded 10 points. If between 86 percent and 90 percent of the units in the development (excluding any units reserved for a manager) are restricted to having rents plus the allowance for utilities equal to or below the maximum tax credit rent, then the development shall be awarded 9 points. If between 81 percent and 85 percent of the units in the development (excluding any units reserved for a manager) are restricted to having rents plus the allowance for utilities equal to or below the maximum tax credit rent, then the development shall be awarded 8 points. If 80% or fewer of the units in the development (excluding any units reserved for a manager) are restricted to having rents plus the allowance for utilities equal to or below the maximum tax credit rent, then the development shall be awarded 7 points. (8) Cost of the development per square foot. If the total construction cost for the development does not exceed the limitation specified in this section, the applicant shall qualify for 9 points. For purposes of this subsection, total construction cost shall include costs normally associated with the actual construction of the development including on and off site work, contingency, contractor profit, contractor overhead, and contractor general requirements. The construction cost per net rentable area shall be as follows: (1) $65 per square foot for developments not otherwise described; (2) $75 per square for developments dedicated as 100% for use by elderly households or 100% transitional housing for the homeless, unless located in Aransas, Calhoun, Chambers, Jefferson, Kleberg, Nueces, San Patricio, Brazoria, Cameron, Galveston, Kenedy, Matagorda, Refugio or Willacy County in which event the amount shall be $77 per square foot, (3) $67 per square foot for developments located in Aransas, Calhoun, Chambers, Jefferson, Kleberg, Nueces, San Patricio, Brazoria, Cameron, Galveston, Kenedy, Matagorda, Refugio or Willacy County. The department shall annually adjust the dollar limitations of this section to account for inflation. (9) Ad valorem taxes. If the Applicant will pay ad valorem taxes on the development for a minimum of 15 years, the Applicant will be awarded 8 points. (10) Development Location Characteristics. If the subject Property is located within one of the geographical areas described in subparagraphs (A) through (E) of this paragraph will receive 5 points. An Application may only receive points under one of the subparagraphs (A) through (E) of this paragraph. An Application may receive an additional 5 points pursuant to subparagraph (F) of this paragraph in addition to any points awarded in subparagraphs (A) through (E). (A) A geographical area which is: (i) an Economically Distressed Area; or (ii) a Colonia, or (iii) a Difficult Development Area (DDA) as specifically designated by the Secretary of HUD. (B) A designated state or federal empowerment/enterprise zone, urban enterprise community, or urban enhanced enterprise community. (C) A city-sponsored area or zone where a city or county has, through a local government initiative, specifically encouraged or channeled growth, neighborhood preservation or redevelopment. (D) The Development is located in a county that has received an award as of November 15, 2003, within the past three years, from the Texas Department of Agriculture's Rural Municipal Finance Program or Real Estate Development and Infrastructure Program. Cities which have received one of these awards are categorized as awards to the county as a whole so Developments located in a different city than the city awarded, but in the same county, will still be eligible for these points. (E) A qualified census tract, as defined in Section 42(a)(5)(c) of the Internal Revenue Code [USC Title 26, Sec. 42(d)(5)(C))] and the development of which contributes to a concerted community revitalization plan. (F) The Development is located in a census tract in which there are no other existing developments supported by housing tax credits. (11) Development Provides Supportive Services to Tenants. Points may be received under both subparagraphs (A) and (B) of this paragraph. (A) Applicants will receive a point for coordinating their tenant services with those services provided through state workforce development and welfare programs as evidenced by execution of a Tenant Supportive Services Certification (1 point). (B) The Applicant must certify that the development will provide special supportive services appropriate for the proposed tenants No fees may be charged to the tenants for any of the services. Services must be provided on-site or transportation to off-site services must be provided (maximum of 1 point). (i) Service options include child care; counseling services; GED preparation; English as a second language classes; credit counseling; financial planning assistance or courses; scholastic tutoring; social events and activities; senior meal program; home-delivered meal program; any other programs described under Title IV-A of the Social Security Act (42 U.S.C. §§ 601 et seq.) which enables children to be cared for in their homes or the homes of relatives; ends the dependence of needy families on government benefits by promoting job preparation; prevents and reduces the incidence of out-of wedlock pregnancies; or encourages the formation and maintenance of two-parent families. (12) Preservation of existing low income housing. If the application involves the preservation of existing low income housing, the applications shall be awarded 2 points. A development funded under the HOPE VI funding or funding from a Public Housing Authority capital grant funds shall be eligible for 2 points (13) Senior or homeless populations. The proposed development will be 100% dedicated units for senior or homeless populations. 1 point. (14) Developer commits to notify Public Housing Authority of availability of housing for PHA's waiting list. If the Applicant commits to notify 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 individuals and households on the Public Housing Authority's waiting list for occupancy, 1 point will be awarded. (15) Family Units. The development will have 50% of more of the total units in the development have 2 or more bedrooms (2 points). (16) Agreement to sell to nonprofit or tenant organization If the development owner agrees to provide a right of first refusal to purchase the development upon or following the end of the compliance period for the minimum purchase price provided in, and in accordance with the requirements of, §42(i)(7) of the Internal Revenue Code, (26 U.S.C. Section 42(I)(7) ) to a qualified nonprofit organization, or either an individual tenant with respect to a single family building, or a tenant cooperative, a resident management corporation in the development or other association of tenants in the development with respect to multifamily developments, the applicant will be awarded one point. (17) Extended Use. If the applicant agrees to extend the affordable housing period beyond the minimum required by Section 42 of the Internal Revenue Code for an additional five year period shall be awarded 1 point. (18) Mixed Income units The development is a mixed-income development comprised of both market rate units and qualified tax credit units. Points will be awarded to developments with a tax credit unit based applicable fraction which is no greater than: (i) 85% (3 points); or, (ii) 90% (2 points); or, (ii) 95% (1 point). (19) Small projects. The development consists of not more than 36 units and is not part of, or contiguous to, a larger development. (4 points). (20) Fair Housing Seminar. The applicant or a representative of the applicant has attended a fair housing seminar (of at least five and 1/5 hours) within the preceding three years shall receive 1 point. (21) Accessible Units. If the development is designed to have five percent of its units fully accessible for persons with disability and at least 2 percent of its units designed for a person with a visual or hearing impairment, then the development shall be awarded 4 points (22) Pre-Application Points. Applications which submitted a pre-application in conformity with the rules of the department shall receive 4 points. Applications involving funding from the Rural Housing Service United States Department of Agriculture that also involve the rehabilitation of an affordable housing development shall qualify for the preapplication points without submitting the preapplication. (23) In the event that two or more applications have the same score, the department shall use a tiebreaker and award the allocation of tax credits to the development that requests the least tax credits per net rentable area. [(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] associations on record with the [state or county] department 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 substantial penalties or point reductions 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 publish in the qualified allocation plan details of the scoring system used by the department to score applications. (d) The department shall implement a system of evaluating the financial aspects of tax credit developments that recognizes that such developments do not need, and shall not be subject to, the financial underwriting necessary for a mortgage loan transaction where the department has a financial interest in the loan. In evaluating tax credit developments, the department shall only ensure that the housing credit dollars allocated to a development are not in excess of the amount necessary for the financial feasibility of the development and its viability throughout the first fifteen years of operation (e) [(d)] The department shall [underwrite] evaluate the applications ranked under Subsection [(b)] (a) 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 [underwrite] evaluate applications until the department has processed enough applications satisfying the department's [underwriting] evaluation 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 [underwrite] evaluate 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 [underwrite] evaluate an application to determine the financial feasibility of the development and an appropriate level of housing tax credits. (1) In evaluating the proposed development, the department shall only consider: (A) the sources and uses of funds and the total financing planned for the project; (B) any proceeds or receipts expected to be generated by reason of tax benefits; (C) the percentage of the housing credit dollar amount used for project costs other than the cost of intermediaries; (D) the reasonableness of the developmental and operational costs of the project. (2) 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)] (A) the county in which the development is to be located; [(2)] (B) if certifications are unavailable under Subdivision (1), the metropolitan statistical area in which the development is to be located; or [(3)] (C) if certifications are unavailable under Subdivisions [(1)] (A) and [(2)] (B), 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 2.13. Amend Section 2306.6711, Texas Government Code, to read as follows: Sec. 2306.6711. ALLOCATION OF HOUSING TAX CREDITS. (a) The director shall provide the application scores to the board before the 30th day preceding the date the board begins to issue commitments for housing tax credits in the allocation round. (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] evaluated by the department['s underwriting policy] in accordance with Subsection (c)(1) of this Section, and by federal law, and in any event may not allocate to the applicant housing tax credits in an amount greater than $2 million in a single application round. The $2 million maximum amount to any one applicant applies regardless of the capacity in which the applicant or any affiliated or related person is involved. (c) Concurrently with the initial issuance of commitments for housing tax credits under Subsection (b), the board shall establish a waiting list of additional applications ranked by score in descending order of priority based on set-aside categories and regional allocation goals. (d) The board shall issue commitments for housing tax credits with respect to applications on the waiting list as additional credits become available. (e) Not later than the 120th day after the date of the initial issuance of commitments for housing tax credits under Subsection (b), the department shall provide to an applicant who did not receive a commitment under that subsection an opportunity to meet and discuss with the department the application's deficiencies and scoring. (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: (1) the new construction developments are or will be located more than one linear mile apart; or (2) the developments are placed in service in different taxable years, in accordance with Section 42(f)(1), Internal Revenue Code of 1986 (26 U.S.C. Section 42). This subsection (f)(2) applies only to communities contained within counties with populations exceeding one million. SECTION 2.14 Amend Section 2306.6712, Texas Government Code, to read as follows: Sec. 2306.6712. AMENDMENT OF APPLICATION SUBSEQUENT TO ALLOCATION BY BOARD. (a) If a proposed modification would materially 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 the modification may materially adversely alter the development, the director shall require the department staff assigned to [underwrite] evaluate applications to review evaluate the amendment and provide an analysis and written recommendation to the board. If the director determines that the modification would not materially adversely affect the development, the director shall approve the modification without board action. The appropriate monitor under Section 2306.6719 shall also provide to the board an analysis and written recommendation regarding the amendment. (c) The board must vote on whether to approve the amendment or to send the matter to the Alternative Dispute Resolution process as provided for in Section 2306.082 of this chapter. 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 (5) any modification in the attributes of the development that would have affected the selection of the application in the application round; (4) a reduction of three percent or more in the square footage of the units or common areas; (5) a significant modification of the architectural design of the development; (6) a modification of the residential density of the development of at least five percent; and (6) (7) any other modification considered significant by the board. (e) In evaluating the amendment under this subsection, the department staff shall consider whether the need for the modification proposed in the amendment was: (1) reasonably foreseeable by the applicant at the time the application was submitted; or (2) preventable by the applicant. (f) This section shall be administered in a manner that is consistent with Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42). SECTION 2.15. Amend Section 2306.6713, Texas Government Code, to read as follows: Sec. 2306.6713. HOUSING TAX CREDIT AND OWNERSHIP TRANSFERS. (a) An applicant may not transfer an allocation of housing tax credits or ownership of a development supported with an allocation of housing tax credits to any person other than an affiliate unless the applicant obtains the director's prior, written approval of the transfer. (b) The director may not unreasonably withhold approval of the transfer. (c) An applicant seeking director approval of a transfer and the proposed transferee must provide to the department a copy of any applicable agreement between the parties to the transfer, including any third-party agreement with the department. (d) On request, an applicant seeking director approval of a transfer must provide to the department: (1) a list of the names of transferees and related parties; and (2) detailed information describing the experience and financial capacity of transferees and related parties. (e) The 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. (e) (f) Not later than the fifth working day after the date the department receives all necessary information under this section, the department shall conduct a qualifications review of a transferee to determine: (1) the transferee's past compliance with all aspects of the low income housing tax credit program, including land use restriction agreements; and (2) the sufficiency of the transferee's experience with developments supported with housing tax credit allocations. SECTION 2.16. Amend Section 2306.6715, Texas Government Code, to read as follows: Sec. 2306.6715. APPEAL. (a) In a form prescribed by the department in the qualified allocation plan, or also through the Alternative Dispute Resolution process provided for by Section 2306.082 of this chapter, an applicant may appeal the following decisions made by the department in the application evaluation process provided by Section 2306.6710: (1) an [determination] evaluation regarding the application's satisfaction of threshold and underwriting criteria, in accordance with Sections 2306.67042 or 2306.6710(c)(1) of this chapter; (2) the scoring of the application; and (3) a recommendation as to the amount of housing tax credits to be allocated to the application. (b) An applicant may not appeal a decision made under Section 2306.6710 regarding an application filed by another applicant unless it can be demonstrated that the department inconsistently evaluated similar applications. (c) An applicant must file a written appeal authorized by this section with the department not later than the [seventh] tenth 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 an Alternative Dispute Resolution hearing, as provided for by Section 2306.082 of this chapter, in addition to making an appeal directly in writing to the board, provided that an appeal filed with the board under 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). (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 the Alternative Dispute Resolution process recommends this review to the board. The decision of the board regarding the appeal is final. SECTION 2.17. Amend Section 2306.6716, Texas Government Code, to read as follows: Sec. 2306.6716. FEES. (a) A fee charged by the department for filing an application or for receiving an allocation or a commitment of 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. For purposes of this section, the department shall include the total amount of all commitment or allocation fees as being earned and available for use in the year in which received. (b) The department shall publish each year an updated schedule of application fees that specifies the amount to be charged at each stage of the application process. (c) In accordance with the fee schedule, the department shall refund the balance of any fees collected for an application that is withdrawn by the applicant or that is not fully processed by the department. The department must provide the refund to the applicant not later than the 30th day after the date the last official action is taken with respect to the application. (d) The department shall develop a sliding scale fee schedule for applications that encourages increased participation by community housing development organizations in the low income housing tax credit program. SECTION 2.18. Amend Section 2306.6717, Texas Government Code, to read as follows: Sec. 2306.6717. PUBLIC INFORMATION AND HEARINGS. (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 [underwriting] evaluation 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. (c) The department shall hold at least three public hearings in different regions of the state to receive public comments on applications and on other issues relating to the low income housing tax credit program. (d) Notwithstanding any other provision of this section, the department shallmay treat the financial statements of any applicant as confidential and shall may elect not to disclose those statements to the public. SECTION 2.19. Amend Section 2306.6718, Texas Government Code, to read as follows: Sec. 2306.6718. ELECTED OFFICIALS. (a) The department shall solely be responsible for providing [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. (b) The department shall provide the elected officials with an opportunity to comment on the application during the application evaluation process provided by Section 2306.6710 and shall consider those comments in evaluating applications under that section. (c) A member of the legislature who represents the community containing the development may hold a community meeting at which the department shall provide appropriate representation. (d) If the department receives written notice from the mayor or county judge of an affected municipality or county opposing an application, the department must contact the mayor or county judge and offer to conduct a physical inspection of the development site and consult with the mayor or county judge before the application is scored. SECTION 2.20. Amend Section 2306.6719, Texas Government Code, to read as follows: Sec. 2306.6719. MONITORING OF COMPLIANCE. (a) For developments that do not involve other federal assistance where the federal agency will be monitoring the construction or rehabilitation of the development and that will provide the department with copies of its construction inspection or operational inspection reports, the department, may contract with an independent third party to monitor 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. (b) The department may assign department staff other than housing tax credit division staff to perform the relevant monitoring functions required by this section in the construction or rehabilitation phase of a development. SECTION 2.21. Amend Section 2306.6720, Texas Government Code, 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 2.22. Amend Section 2306.6721, Texas Government Code, to read as follows: Sec. 2306.6721. DEBARMENT FROM PROGRAM PARTICIPATION. (a) The board by rule shall adopt a policy providing for the debarment of a person from participation in the low income housing tax credit program as described by this section. (b) The department may debar a person from participation in the program on the basis of the person's past failure to comply with any condition imposed by the department in connection with the allocation of housing tax credits. (c) The department shall debar a person from participation in the program if the person: (1) materially violates any condition imposed by the department in connection with the allocation of housing tax credits; (2) is debarred from participation in federal housing programs by the United States Department of Housing and Urban Development; or (3) is in material noncompliance with or has repeatedly violated a land use restriction agreement regarding a development supported with a housing tax credit allocation. (d) A person debarred by the department from participation in the program shall not be eligible for a minimum of 5 years from the date of the debarment and may appeal the person's debarment through the Alternative Dispute Resolution Process, as provided for by Section 2306.082 of this chapter, and directly to the board. SECTION 2.23. Amend Section 2306.7622, Texas Government Code, to read as follows: Sec. 2306.6722. DEVELOPMENT ACCESSIBILITY. (a) Any new construction development or rehabilitation development that was first occupied after March 13, 1991 supported with a housing tax credit allocation shall comply with the accessibility standards that are required under the Fair Housing Amendments Act of 1988 [42 U.S.C. 3600 et. seq], as implemented in 24 C.F.R. Part 100. (b) Any rehabilitation development shall endeavor, to the extent feasible, to satisfy the requirements of the Fair Housing Amendments Act of 1988 [42 U.S.C. 3600 et seq.], as implemented in 24 C.F.R. Part 100.Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), and specified under 24 C.F.R. Part 8, Subpart C. SECTION 2.24. Amend Section 2306.6723, Texas Government Code, to read as follows: Sec. 2306.6723. COORDINATION WITH RURAL DEVELOPMENT AGENCY. (a) The department shall jointly administer with the rural development agency the allocations forset-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. (b) The rural development agency shall assist in developing all threshold, scoring, and underwriting criteria applied to applications eligible for the rural area set-aside. The criteria must be approved by that agency. (c) To ensure that the rural area set-aside receives a sufficient volume of eligible applications, the department shall fund and, with the rural development agency, shall jointly implement outreach, training, and rural area capacity building efforts as directed by the rural development agency. (c) (d) The department and the rural development agency shall jointly adjust the regional allocation of housing tax credits described by Section 2306.111 to offset the under-utilization and over-utilization of multifamily private activity bonds and other housing resources in the different regions of the state. (d) (e) From application fees collected under this subchapter, the department shall reimburse the rural development agency for any costs incurred by the agency in carrying out the functions required by this section. SECTION 2.25. Amend Section 2306.6724, Texas Government Code, to read as follows: Sec. 2306.6724 DEADLINES FOR ALLOCATION OF LOW INCOME HOUSING TAX CREDITS. (a) Not later than September 30August 1 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 September 1November15. (c) The governor shall approve, reject, or modify and approve the qualified allocation plan not later than December October 1. (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. (e) The board shall review the recommendations of department staff regarding applications and shall issue a list of approved applications each year in accordance with the qualified allocation plan not later than JuneMay 30. (f) The board shall issue final commitments for allocations of housing tax credits each year in accordance with the qualified allocation plan not later than July 31June 30. SECTION 2.26. Amend Section 2306.6725, Texas Government Code, to read as follows: Sec. 2306.6725. SCORING OF APPLICATIONS. (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 (26 U.S.C. Section 42), and that is also consistent with 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.] (b) The department shall provide appropriate incentives as determined through the qualified allocation plan to reward applicants who agree to: (1) equip the property that is the basis of the application with energy saving devices that meet the standards established by the state energy conservation office [or to provide to a qualified nonprofit organization or tenant organization a right of first refusal to purchase the property at the minimum price provided in, and in accordance with the requirements of, Section 42(i)(7), Internal Revenue Code of 1986 (26 U.S.C. Section 42(i)(7)); and (2) locate the development in a census tract in which there are no other existing developments supported by housing tax credits.] (b) (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 required by Section 2306.6710 of this Chapter. (d) For each scoring criterion, the department shall use a range of points to evaluate the degree to which a proposed project satisfies the criterion. The department may not award a number of points for a scoring criterion that is disproportionate to the degree to which a proposed project complies with that criterion. SECTION 2.27. Amend 2306.6728, Texas Government Code, to read as follows: Sec. 2306.6728. DEPARTMENT POLICY AND PROCEDURES REGARDING RECIPIENTS OF CERTAIN FEDERAL HOUSING ASSISTANCE. (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) where the Section 8 assistance to the family will be sufficient to allow the family to make the required rental payment on the apartment. (b) The policy must provide a reasonable minimum income standard that is not otherwise prohibited by this chapter and that is to be used by owners of low income housing tax credit properties and must place reasonable limits on the use of any other factors that impede the admittance of individuals and families described by Subsection (a) to those properties, including credit histories, security deposits, and employment histories. (c) The department by rule shall establish procedures to monitor low income housing tax credit properties that refuse to admit individuals and families described by Subsection (a). The department by rule shall establish enforcement mechanisms with respect to those properties, including a range of sanctions to be imposed against the owners of those properties. SECTION 2.28. Amend Section 2306.6729, Texas Government Code, to read as follows: Sec. 2306.6729. QUALIFIED NONPROFIT ORGANIZATION. (a) A qualified nonprofit organization may only compete in [any low income housing tax credit allocation pool, including: (1)] the nonprofit allocation pool[; (2) the rural projects/prison communities allocation pool; and (3) the general projects allocation pool]. (b) A qualified nonprofit organization submitting an application under this subchapter must have a controlling interest in a project proposed to be financed with a low income housing tax credit from the nonprofit allocation pool. SECTION 2.29. Amend Section 2306.6731, Texas Government Code, to read as follows: Sec. 2306.6731. ALLOCATION DECISION; REEVALUATION. (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. (b) Regardless of project stage, the board must reevaluate a project that undergoes a substantial change between the time of initial board approval of the project and the time of issuance of a tax credit commitment for the project. The board may revoke any tax credit commitment issued for a project that has been unfavorably reevaluated by the board under this subsection. SECTION 2.30. Amend Section 2306.6733, Texas Government Code, to read as follows: Sec. 2306.6733. REPRESENTATION BY FORMER BOARD MEMBER OR OTHER PERSON. (a) A former board member or a former director, deputy director, director of housing programs, director of compliance, director of underwriting, member of any committee of the department involved in the selection of developments for an award of 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, 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, 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, or manager's service in office or employment with the department ceases. (b) In the event that the administration of the federal housing tax credit program is transferred to any other department or agency, the prohibition of paragraph (a) shall apply to any person that would have been prohibited from participating in a housing tax credit application as if the housing tax credit program had remained within the functions of the department. (c) (b) A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor. SECTION 2.31. Add a new Section 2306.6735, Texas Government Code, to read as follows: Sec. 2306.6735. RELATIONSHIP TO FEDERAL LAW. (a) Subchapter DD of this chapter is enacted to implement the low income housing tax credit established by Section 42 of the Internal Revenue Code (26 U.S.C. Sec 42) as it may be amended from time to time. (b) To the extent that any provisions of this chapter is held to be inconsistent with, or repugnant to, 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 inconsistency shall have no effect on the remaining provisions of this subchapter. (c) If a federal law or regulation is changed without making a provision for temporary waivers to allow compliance with state law and, as a result of this change, there is insufficient time to comply with any 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 statute or court order conflicts with this subchapter, the federal law or court order prevails over this subchapter. (e) In the event the department determines that any provision of this subchapter is inconsistent with Section 42 of the Internal Revenue Code or any regulations promulgated thereunder, the department shall notify the Governor, the Lieutenant Governor, the Speaker of the House, 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 the federal law or regulation, the department shall be authorized to implement the federal law or regulation. SECTION 2.32. Amend Section 2306.803, Texas Government Code, to read as follows: Sec. 2306.803. AT-RISK MULTIFAMILY HOUSING: IDENTIFICATION, PRIORITIZATION, AND PRESERVATION. (a) The department shall determine the name and location of and the number of units in each multifamily housing development that is at risk of losing its low income use restrictions and subsidies and that meets the requirements of a Class A priority described by Section 2306.802. (b) The department shall maintain an accurate list of those developments on the department's website. (c) The department shall develop cost estimates for the preservation and rehabilitation of the developments in priority Class A. (d) The department shall contact owners of developments assigned a Class A priority under this section and shall attempt to negotiate with those owners to ensure continued affordability for individuals and families of low income under the federal housing assistance program for those developments. SECTION 2.33. Amend Section 2306.804, Texas Government Code, to read as follows: Sec. 2306.804. USE OF HOUSING PRESERVATION RESOURCES. (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 of this Chapter,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 communities in approximate proportion to the housing needs of each uniform state service region. (c) The department shall give priority to providing financing or funding to a buyer who is supported or approved by an association of residents of the multifamily housing development. SECTION 3. The following provisions of the Texas Government Code are repealed: (1) Subsections (c)(2)(A) through (c)(2)(C), and Subsections (c)(3) through (c)(6), and Subsection (c)(8), 2306.072; (2) Section 2306.0724, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; (3) Subsections (d) and (e), Section 2306.077; (4) Section 2306.078 and Section 2306.079, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; (5) Section 2306.1112, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; (6) Section 2305.251, as added by Ch. 268, Acts of the 73rd Legislature; amended by Ch. 76, Acts of the 74th Legislature; and added by Ch. 980, Acts of the 75th Legislature; (7) Section 2306.270, as added by Ch. 268, Acts of the 73rd Legislature and added by Ch. 980, Acts of the 75th Legislature; (8) Section 2306.314, as added by Ch. 268, Acts of the 73rd Legislature; (9) Sections 2306.6726 and 2306.6727, as added by Ch. 980, Acts of the 75th Legislature, and amended by Ch. 1367, Acts of the 77th Legislature; (10) Section 2306.6730, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; (11) Section 2306.6734, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; (12) Subsection (a-1), Section 2306.7581, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; (13) Sections 2306.805(c), 2306.805(d), 2306.805(e), and 2306.806, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; (14) Subchapter II, Section 2306.851 through Section 2306.853, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001; and (15) Subchapter JJ, Section 2306.881 through Section 2306.886, as added by Chapter 1367, Acts of the 77th Legislature, Regular Session, 2001. SECTION 4. IMMEDIATE EFFECTIVE DATE. SECTION 2.25 of this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005. SECTION 5. EFFECTIVE DATE. This Act takes effect September 1, 2005.