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A BILL TO BE ENTITLED
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AN ACT
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relating to criteria for financing certain multifamily housing |
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developments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.223, Government Code, is amended to |
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read as follows: |
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Sec. 2306.223. CRITERIA FOR FINANCING HOUSING DEVELOPMENT |
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OF HOUSING SPONSOR. (a) Notwithstanding any other provision of |
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this chapter, the department may not finance a housing development |
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undertaken by a housing sponsor under this chapter, unless the |
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department first determines that: |
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(1) the housing development is necessary to provide |
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needed decent, safe, and sanitary housing at rentals or prices that |
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individuals or families of low and very low income or families of |
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moderate income can afford; |
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(2) the housing sponsor undertaking the proposed |
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housing development will supply well-planned and well-designed |
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housing for individuals or families of low and very low income or |
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families of moderate income; |
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(3) the housing sponsor is financially responsible; |
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(4) the housing sponsor is not, or will not enter into |
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a contract for the proposed housing development with, a housing |
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developer that: |
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(A) is on the department's debarred list, |
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including any parts of that list that are derived from the debarred |
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list of the United States Department of Housing and Urban |
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Development; |
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(B) breached a contract with a public agency; or |
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(C) misrepresented to a subcontractor the extent |
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to which the developer has benefited from contracts or financial |
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assistance that has been awarded by a public agency, including the |
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scope of the developer's participation in contracts with the agency |
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and the amount of financial assistance awarded to the developer by |
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the agency; |
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(5) the financing of the housing development is a |
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public purpose and will provide a public benefit; [and] |
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(6) the housing development will be undertaken within |
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the authority granted by this chapter to the housing finance |
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division and the housing sponsor; and |
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(7) for a general multifamily housing development that |
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will be located within the boundaries of a small school district and |
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consist only of new construction, the addition of the housing |
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development will not cause the total number of housing units within |
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such developments within the boundaries of the district to exceed |
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60 units per square mile. |
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(b) In this section: |
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(1) "General multifamily housing development" means a |
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multifamily housing development that will not primarily serve |
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elderly individuals. |
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(2) "Small school district" means a school district |
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that is 50 square miles or less in size. |
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SECTION 2. The change in law made by this Act in amending |
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Section 2306.223, Government Code, applies only to a multifamily |
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housing development for which the Texas Department of Housing and |
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Community Affairs first awards financing for new construction on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |