|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the eligibility of certain applications for low income |
|
housing tax credits |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2306.6703, Government Code, as amended |
|
by Chapters 330 and 1106, Acts of the 78th Legislature, Regular |
|
Session, 2003, is reenacted and amended 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 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) unless the applicant obtains approval of the |
|
development from the governing body of the appropriate municipality |
|
or county containing the development, 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(C) has not been withdrawn or terminated from the |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; [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) obtains [has obtained prior] approval of the |
|
development from the governing body of the appropriate municipality |
|
or county containing the development; and |
|
(B) provides, not later than the 30th day before |
|
the date the board first meets to consider applications for an |
|
allocation of housing tax credits, [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. |
|
(b) Subsections (a)(2), (3), and (4) do [Subsection (a)(3)
|
|
does] not apply to a development: |
|
(1) that is using: |
|
(A) federal HOPE VI funds or other similar funds |
|
received through the United States Department of Housing and Urban |
|
Development to assist in the preservation, through same-site |
|
reconstruction or rehabilitation, of distressed federally assisted |
|
housing; |
|
(B) locally approved funds received from a public |
|
improvement district or a tax increment financing district; |
|
(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.); |
|
(2) that is located in a county with a population of |
|
less than one million[;
|
|
[(3) that is located outside of a metropolitan
|
|
statistical area; or
|
|
[(4) that a local government where the project is to be
|
|
located has by vote specifically allowed the construction of a new
|
|
development located within one linear mile or less from a
|
|
development under Subsection (a)]. |
|
SECTION 2. Section 2306.6711(f), Government Code, is |
|
amended to read as follows: |
|
(f) The board may allocate housing tax credits to |
|
developments [more than one development] in a single community that |
|
are or will be less than one linear mile apart, as defined by |
|
department rule, in the same calendar year only if: |
|
(1) the community is located in a county with a |
|
population of one million or less; |
|
(2) at least one allocation involves the |
|
rehabilitation of existing developments, with not more than one new |
|
construction allocation; or |
|
(3) the developments each serve a different type of |
|
household from the other [the developments are or will be located
|
|
more than one linear mile apart]. [This subsection applies only to
|
|
communities contained within counties with populations exceeding
|
|
one million.] |
|
SECTION 3. It is the intent of the legislature that the |
|
passage by the 80th Legislature, Regular Session, 2007, of another |
|
bill that amends Chapter 2306, Government Code, and the amendments |
|
made by this Act shall be harmonized, if possible, as provided by |
|
Section 311.025(b), Government Code, so that effect may be given to |
|
each. If the amendments made by this Act to Chapter 2306, |
|
Government Code, and the amendments made to Chapter 2306, |
|
Government Code, by any other bill are irreconcilable, it is the |
|
intent of the legislature that this Act prevail, regardless of the |
|
relative dates of enactment of this Act and the other bill or bills, |
|
but only to the extent that any differences are irreconcilable. |
|
SECTION 4. This Act takes effect September 1, 2007. |