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A BILL TO BE ENTITLED
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AN ACT
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relating to the application process and scoring for the low income |
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housing tax credit program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.6736, is added to the Government |
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Code to read: |
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Sec. 2306.6736. (a) To the extent the department receives |
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federal funds under the American Recovery and Reinvestment Act of |
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2009 or any subsequent law (including any extension or renewal |
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thereof) that requires the department to award the federal funds in |
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the same manner and subject to the same limitations as awards of |
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housing tax credits, the following provisions shall apply. |
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(b) Any reference in this Chapter to the administration of |
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the housing tax credit program shall apply equally to the |
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administration of such federal funds, except: |
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(1) The department may establish a separate |
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application procedure for such funds, outside of the uniform |
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application cycle referred to in section 2306.1111 and the |
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deadlines established in section 2306.6724, and any reference |
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herein to the application period shall refer to the period |
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beginning on the date the department begins accepting applications |
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for such funds and continuing until all such available funds are |
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awarded. |
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(2) Unless reauthorized, this section is repealed on |
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August 31, 2011. |
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SECTION 2. Section 2306.6737, is added to the Government |
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Code to read: |
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Section 2306.6737. If allowed by federal law, the department |
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shall, under any federally funded program resulting from the |
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American Recovery and Reinvestment Act of 2009, secure the |
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interests of the state through bonds, an ownership interest in |
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property, restrictive covenants filed in the real property records, |
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and/or liens filed on a property for which the applicant has |
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accepted funds until such a time as the department and the State of |
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Texas do not have liability to repay or recapture such funds. |
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SECTION 3. It is the intent of the legislature that the |
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passage by the 81st Legislature, Regular Session, 2009, if another |
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bill that amends Chapter 2306, Government Code, and the amendments |
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made by this Act shall be harmonized, if possible, as provided by |
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Section 311.025(b), Government Code, so that effect may be given to |
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each. If the amendments made by this Act to Chapter 2306, |
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Government Code, and the amendments made to Chapter 2306, |
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Government Code, by any other bill are irreconcilable, it is the |
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intent of the legislature that this Act prevail, regardless of the |
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relative dates of enactment of this Act and the other bill or bills, |
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but only to the extent that any differences are irreconcilable. |
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SECTION 4. The changes in law made by this Act relating to |
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the evaluation of applications for financial assistance |
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administered by the Texas Department of Housing and Community |
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Affairs apply only to an application submitted on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect when the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |