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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of low-income housing tax credits for |
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developments supported with private activity bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.67021, Government Code, is amended |
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to read as follows: |
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Sec. 2306.67021. APPLICABILITY OF SUBCHAPTER. To the |
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extent permitted by federal law, this [Except as provided by
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Section 2306.6703, this] subchapter applies [does not apply] to the |
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allocation of housing tax credits to developments financed through |
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the private activity bond program in the same way this subchapter |
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applies to the allocation of housing tax credits to developments |
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not financed through the private activity bond program. |
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SECTION 2. Section 2306.6710, Government Code, is amended |
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by amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) Subject to Subsection (d-1), the [The] department shall |
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underwrite the applications ranked under Subsection (b) beginning |
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with the applications with the highest scores in each region |
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described by Section 2306.111(d) and in each set-aside category |
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described in the qualified allocation plan. Based on application |
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rankings, the department shall continue to underwrite applications |
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until the department has processed enough applications satisfying |
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the department's underwriting criteria to enable the allocation of |
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all available housing tax credits according to regional allocation |
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goals and set-aside categories. To enable the board to establish an |
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applications waiting list under Section 2306.6711, the department |
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shall underwrite as many additional applications as the board |
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considers necessary to ensure that all available housing tax |
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credits are allocated within the period required by law. The |
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department shall underwrite an application to determine the |
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financial feasibility of the development and an appropriate level |
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of housing tax credits. In determining an appropriate level of |
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housing tax credits, the department shall evaluate the cost of the |
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development based on acceptable cost parameters as adjusted for |
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inflation and as established by historical final cost |
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certifications of all previous housing tax credit allocations for: |
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(1) the county in which the development is to be |
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located; |
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(2) if certifications are unavailable under |
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Subdivision (1), the metropolitan statistical area in which the |
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development is to be located; or |
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(3) if certifications are unavailable under |
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Subdivisions (1) and (2), the uniform state service region in which |
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the development is to be located. |
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(d-1) A development to be financed through the private |
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activity bond program is eligible for housing tax credits only if, |
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with respect to other applications received in the subregion: |
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(1) for new construction, the application received a |
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score equal to or greater than the highest score awarded to any |
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application for housing tax credits for a development that will not |
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be supported through the bond program; or |
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(2) for rehabilitation or reconstruction, the |
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application received a score not lower than the lowest score |
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awarded to any application for housing tax credits for a |
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development that will not be supported through the bond program. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for low income housing tax credits that is |
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submitted to the Texas Department of Housing and Community Affairs |
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during an application cycle that begins on or after the effective |
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date of this Act. An application that is submitted during an |
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application cycle that began before the effective date of this Act |
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is governed by the law in effect at the time the application cycle |
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began, and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |