By: Menendez H.B. No. 3871
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the evaluation of an application for a low income
housing tax credit.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 2306.6710, Government Code, is amended
by adding Subsection (h) to read as follows:
       (h)  The department shall presume that the applicant has made
a good faith effort to obtain community participation and shall
award the applicant the total number of points that may be awarded
with respect to the category of positive written statements under
Subsection (f) if:
             (1)  the application includes:
                   (A)  a statement confirming that a neighborhood
organization described by Subsection (b)(1)(B) does not exist that
is submitted by:
                         (i)  the presiding officer or authorized
representative of the governing body of the municipality in which
the development is to be located; or
                         (ii)  the clerk of the county in which the
development is to be located if the development is to be located
outside a municipality.
       SECTION 2.  The change in law made by this Act applies only
to an application for a low income housing tax credit filed on or
after the effective date of this Act. An application filed before
the effective date of this Act is governed by the law in effect on
the date the application was filed, and the former law is continued
in effect for that purpose.
       SECTION 3.  This Act takes effect September 1, 2007.