Amend CSSB 1908 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Sections 2306.6710(b) and (f), Government
Code, are amended to read as follows:
(b) If an application satisfies the threshold criteria, the
department shall score and rank the application using a point
system that:
(1) prioritizes in descending order criteria
regarding:
(A) financial feasibility of the development
based on the supporting financial data required in the application
that will include a project underwriting pro forma from the
permanent or construction lender;
(B) quantifiable community participation with
respect to the development, evaluated on the basis of written
statements from any neighborhood organizations on record with the
state or county in which the development is to be located and whose
boundaries contain the proposed development site;
(C) the income levels of tenants of the
development;
(D) whether the development is a mixed-income
development that satisfies each of the following characteristics:
(i) at least 20 percent of the development's
units are provided to individuals and families with incomes greater
than 60 percent of the area median family income;
(ii) at least 15 percent of the
development's units are provided to individuals and families with
incomes of not more than 40 percent of the area median family income
or at least 10 percent of the development's units are provided to
individuals and families with incomes of not more than 30 percent of
the area median family income;
(iii) each of the development's units that
is funded with housing tax credits contains a minimum of two
bedrooms; and
(iv) a local political subdivision or
public housing authority financially participates in the
development;
(E) the size and quality of the units;
(F) [(E)] the commitment of development funding
by local political subdivisions;
(G) [(F)] the level of community support for the
application, evaluated on the basis of written statements from
state elected officials;
(H) [(G)] the rent levels of the units;
(I) [(H)] the cost of the development by square
foot, unless the development exceeds a height of four stories and is
located in an area designated by the appropriate local political
subdivision as a high density area; and
(J) [(I)] the services to be provided to tenants
of the development; and
(2) uses criteria imposing penalties on applicants or
affiliates who have requested extensions of department deadlines
relating to developments supported by housing tax credit
allocations made in the application round preceding the current
round or a developer or principal of the applicant that has been
removed by the lender, equity provider, or limited partners for its
failure to perform its obligations under the loan documents or
limited partnership agreement.
(f) In evaluating the level of community support for an
application under Subsection (b)(1)(G) [(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.
SECTION ____. The changes in law made to Section 2306.6710,
Government Code, by this Act apply only to an application for low
income housing tax credits that is submitted to the Texas
Department of Housing and Community Affairs during an application
cycle that begins on or after the effective date of this Act. An
application that is submitted during an application cycle that
began before the effective date of this Act is governed by the law
in effect at the time the application cycle began, and the former
law is continued in effect for that purpose.