Amend HB 3361 (house committee report) as follows:
(1) Add the appropriately numbered SECTIONS to the bill:
SECTION ____. Section 2306.6721, Government Code, is transferred to Subchapter B, Chapter 2306, Government Code, redesignated as Section 2306.0504, Government Code, and amended to read as follows:
Sec. 2306.0504 [2306.6721]. DEBARMENT FROM PROGRAM PARTICIPATION. (a) The department shall develop, and the board by rule shall adopt, a policy providing for the debarment of a person from participation in programs administered by the department [the low income housing tax credit program as described by this section].
(b) The department may debar a person from participation in a department [the] program on the basis of the person's past failure to comply with any condition imposed by the department in the administration of its programs [connection with the allocation of housing tax credits].
(c) The department shall debar a person from participation in a department [the] program if the person:
(1) materially or repeatedly violates any condition imposed by the department in connection with the administration of a department program, including a material or repeated violation of a land use restriction agreement regarding a development supported with a [allocation of] housing tax credit allocation [credits]; or
(2) is debarred from participation in federal housing programs by the United States Department of Housing and Urban Development [; or
[(3)
is in material noncompliance with or has repeatedly violated a land use restriction agreement regarding a development supported with a housing tax credit allocation].
(d) A person debarred by the department from participation in a department [the] program may appeal the person's debarment to the board.
SECTION ____. Section 2306.6717(a), Government Code, is amended to read as follows:
(a) Subject to Section 2306.67041, the department shall make the following items available on the department's website:
(1) as soon as practicable, any proposed application submitted through the preapplication process established by this subchapter;
(2) before the 30th day preceding the date of the relevant board allocation decision, except as provided by Subdivision (3), the entire application, including all supporting documents and exhibits, the application log, a scoring sheet providing details of the application score, and any other document relating to the processing of the application;
(3) not later than the third working day after the date of the relevant determination, the results of each stage of the application process, including the results of the application scoring and underwriting phases and the allocation phase;
(4) before the 15th day preceding the date of board action on the amendment, notice of an amendment under Section 2306.6712 and the recommendation of the director and monitor regarding the amendment; and
(5) an appeal filed with the department or board under Section 2306.0504 or 2306.6715 [or 2306.6721] and any other document relating to the processing of the appeal.
(2) Add the appropriately numbered SECTION to the bill:
SECTION ____. Section 2306.6719, Government Code, is amended by adding Subsections (c), (d), (e), and (f) to read as follows:
(c) For a violation other than a violation that poses an imminent hazard or threat to health and safety, the department must provide the owner of a development with the following periods to correct a failure to comply with a condition or law described by Subsection (a)(1) or (2):
(1) 30 days for a failure to file the annual owner's compliance report; and
(2) 90 days for any other failure to comply under this section.
(d) For good cause shown, the executive director may extend the periods provided under Subsection (c).
(e) For purposes of determining eligibility to apply for and receive financial assistance from the department, a development may not be considered to be in noncompliance with an applicable condition or law if the owner of the development takes appropriate corrective action during the period provided under Subsection (c).
(f) Notwithstanding Subsection (e), the department shall:
(1) submit to the applicable federal agency any report required by federal law regarding an owner's noncompliance with a condition or law described by Subsection (a)(1)or (2); and
(2) for purposes of developing and administering the policy relating to debarment under Section 2306.0504, consider recurring violations of a condition or law described by Subsection (a)(1) or (2), including violations that are corrected during applicable period provided under Subsection (c).