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By: Chisum H.B. No. 2882
A BILL TO BE ENTITLED
AN ACT
relating to the functions and continuation of the state's urban and
rural housing and community affairs programs; the Texas Department
of Housing and Community Affairs; the Texas State Affordable
Housing Corporation; and the Office of Rural Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.022, Government Code, is amended to
read as follows:
Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
Department of Housing and Community Affairs is subject to Chapter
325 (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the department is abolished and this chapter
expires September 1, 2009 [2011].
SECTION 2. Section 2306.032(b), Government Code, is amended
to read as follows:
(b) The board shall keep complete minutes of board meetings.
The accounts, minutes, and other records shall be maintained by the
department. The board shall post the transcripts of its meetings on
the department's website.
SECTION 3. Section 487.002, Government Code, is amended to
read as follows:
Sec. 487.002. SUNSET PROVISION. The [Office] Texas
Department of Rural Community Affairs is subject to Chapter 325
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the office is abolished and this chapter expires
September 1, 2007.
SECTION 4. Section 2306.1114(a), Government Code, is
amended to read as follows:
(a) Not later than the 30th [14th] day after the date an
application or a proposed application for housing funds described
by Section 2306.111 has been filed, the department shall provide
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 on record with the
state or county in which the development described in the
application is to be located and whose boundaries contain the
proposed development site.
SECTION 5. Section 2306.6703(a), as amended by Chapters 330
and 1106, Acts of the 78th Legislature, Regular Session, 2003, is
reenacted and amended to read as follows:
(a) An application is ineligible for consideration under
the low income housing tax credit program if:
(1) at the time of application or at any time during
the two-year period preceding the date the application round
begins, the applicant or a related party is or has been:
(A) a member of the board; or
(B) the director, a deputy director, the director
of housing programs, the director of compliance, the director of
underwriting, or the low income housing tax credit program manager
employed by the department;
(2) the applicant proposes to replace in less than 15
years any private activity bond financing of the development
described by the application, unless:
(A) the applicant proposes to maintain for a
period of 30 years or more 100 percent of the development units
supported by housing tax credits as rent-restricted and exclusively
for occupancy by individuals and families earning not more than 50
percent of the area median income, adjusted for family size; and
(B) at least one-third of all the units in the
development are public housing units or Section 8 project-based
units; [or]
(3) the applicant proposes to construct a new
development that is located two [one] linear miles [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 two-year
[three-year] period preceding the date the application round
begins; and
(C) has not been withdrawn or terminated from the
low income housing tax credit program; or
(4) the development is located in a municipality or,
if located outside a municipality, a county that has more than twice
the state average of units per capita supported by housing tax
credits or private activity bonds, unless the applicant:
(A) has obtained prior approval of the
development from the governing body of the appropriate municipality
or county containing the development; and
(B) 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.
SECTION 6. Section 2306.6714(a), Government Code, is
amended to read as follows:
(a) The department shall set aside for at-risk developments
not less than 20 [15] percent of the housing tax credits available
for allocation in the calendar year.
SECTION 7. Section 2306.251, Government Code, is repealed.
SECTION 8. Subchapter Y, Section 2306.551 through Section
2306.569, as added by Chapter 76, Acts of the 74th Legislature,
Regular Session, 1995, is repealed.
SECTION 9. This Act takes effect September 1, 2005.