| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to affordable housing. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter F, Chapter 2306, Government Code, is |
|
|
amended by adding Section 2306.1116 to read as follows: |
|
|
Sec. 2306.1116. NOTICE TO LOCAL GOVERNMENTS REQUIRED FOR |
|
|
CERTAIN APPLICATIONS FOR FINANCIAL ASSISTANCE; HEARING AND |
|
|
CERTIFICATION REQUIRED. (a) Not later than the 60th day before the |
|
|
date an application for financial assistance for the construction |
|
|
or rehabilitation of affordable rental housing is submitted to the |
|
|
department, the applicant must provide notice of intent to file the |
|
|
application to: |
|
|
(1) the municipality in which any part of the proposed |
|
|
development is to be located; |
|
|
(2) the county in which any part of the proposed |
|
|
development is to be located if that part will not be located in a |
|
|
municipality; and |
|
|
(3) the municipality and county in which the proposed |
|
|
development is to be located if any part of the development is to be |
|
|
located in the extraterritorial jurisdiction of a municipality. |
|
|
(b) Not later than the 30th day after the date of receipt of |
|
|
notice under Subsection (a), a county or municipality, as |
|
|
applicable, shall provide for public comment on the proposed |
|
|
application at a hearing held in compliance with Chapter 551. |
|
|
(c) An application for financial assistance from the |
|
|
department for the construction or rehabilitation of affordable |
|
|
rental housing must be accompanied by a certified copy of a |
|
|
resolution from each governing body that received notice under |
|
|
Subsection (a). The resolution must certify that: |
|
|
(1) notice has been provided to the governing body as |
|
|
required by Subsection (a); |
|
|
(2) the governing body has had sufficient opportunity |
|
|
to obtain a response from the applicant regarding any questions or |
|
|
concerns about the proposed development; |
|
|
(3) the governing body has held a hearing under |
|
|
Subsection (b); and |
|
|
(4) after due consideration of the information |
|
|
provided by the applicant and public comment, the governing body |
|
|
does not object to the filing of the proposed application. |
|
|
(d) A preapplication submitted under Section 2306.6704 is |
|
|
not considered an application for purposes of this section. |
|
|
SECTION 2. Section 11.182, Tax Code, is amended by adding |
|
|
Subsection (h-1) to read as follows: |
|
|
(h-1) Money received by a school district from a payment in |
|
|
lieu of taxes made under Subsection (h)(1)(A) is subject to the same |
|
|
limitations and restrictions as ad valorem tax revenue received by |
|
|
the district. |
|
|
SECTION 3. The change in law made by this Act in adding |
|
|
Section 2306.1116, Government Code, applies only to an application |
|
|
for financial assistance that is submitted to the Texas Department |
|
|
of Housing and Community Affairs during an application cycle that |
|
|
begins on or after the effective date of this Act. An application |
|
|
for financial assistance that is submitted during an application |
|
|
cycle that began before the effective date of this Act is governed |
|
|
by the law in effect at the time the application cycle began, and |
|
|
the former law is continued in effect for that purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |