Amend SB 426 (house committee printing) as follows:
(1) In the recital to SECTION 1 of the bill (page 1, line 8),
strike "Subsection (j)" and substitute "Subsections (e), (h), and
(j)".
(2) In SECTION 1 of the bill, between the recital to the
section and amended Section 11.182(j), Tax Code (page 1, between
lines 8 and 9), insert the following:
(e) Notwithstanding [In addition to meeting the applicable
requirements of] Subsections (b), [and] (c), and (j), an
organization is entitled to [receive] an exemption under Subsection
(b) for improved real property that the organization owns or
controls and that is [includes a housing project constructed after
December 31, 2001, and] financed with qualified 501(c)(3) bonds
issued under Section 145 of the Internal Revenue Code of 1986,
tax-exempt private activity bonds subject to volume cap, or
low-income housing tax credits if [,] the organization [must]:
(1) meets the requirements of Subsections (b)(1) and
(2);
(2) owns or controls [control] 100 percent of the
interest in:
(A) the general partner of the [if the project is
owned by a] limited partnership that owns the property, if
applicable; or
(B) the entity that owns the property;
(3) complies [(2) comply] with all rules of and laws
administered by the Texas Department of Housing and Community
Affairs applicable to community housing development organizations;
[and]
(4) submits [(3) submit] annually to the Texas
Department of Housing and Community Affairs and to the governing
body of each taxing unit for which the project receives an exemption
for the housing project evidence demonstrating that the
organization spent an amount equal to at least 90 percent of the
project's cash flow in the preceding fiscal year as determined by
the audit required by Subsection (g), for eligible persons in the
county in which the property is located, on social, educational, or
economic development services, capital improvement projects, or
rent reduction; and
(5) applied for an exemption under this section for the
property before January 1, 2004.
(h) Subsections (d) and (e)(4) [(e)(3)] do not apply to
property owned by an organization if:
(1) the entity that provided the financing for the
acquisition or construction of the property:
(A) requires the organization to make payments in
lieu of taxes to the school district in which the property is
located; or
(B) restricts the amount of rent the organization
may charge for dwelling units on the property; or
(2) the organization has entered into an agreement with
each taxing unit for which the property receives an exemption to
spend in each tax year for the purposes provided by Subsection (d)
or (e)(4) [(e)(3)] an amount equal to the total amount of taxes
imposed on the property in the tax year preceding the year in which
the organization acquired the property.