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A BILL TO BE ENTITLED
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AN ACT
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relating to compliance with certain requirements of programs |
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administered by the Texas Department of Housing and Community |
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Affairs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.6721, Government Code, is |
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transferred to Subchapter B, Chapter 2306, Government Code, |
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redesignated as Section 2306.0504, Government Code, and amended to |
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read as follows: |
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Sec. 2306.0504 [2306.6721]. DEBARMENT FROM PROGRAM |
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PARTICIPATION. (a) The department shall develop, and the board by |
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rule shall adopt, a policy providing for the debarment of a person |
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from participation in programs administered by the department [the
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low income housing tax credit program as described by this
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section]. |
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(b) The department may debar a person from participation in |
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a department [the] program on the basis of the person's past failure |
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to comply with any condition imposed by the department in the |
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administration of its programs [connection with the allocation of
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housing tax credits]. |
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(c) The department shall debar a person from participation |
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in a department [the] program if the person: |
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(1) materially or repeatedly violates any condition |
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imposed by the department in connection with the administration of |
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a department program, including a material or repeated violation of |
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a land use restriction agreement regarding a development supported |
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with a [allocation of] housing tax credit allocation [credits]; or |
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(2) is debarred from participation in federal housing |
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programs by the United States Department of Housing and Urban |
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Development[; or
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[(3)
is in material noncompliance with or has
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repeatedly violated a land use restriction agreement regarding a
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development supported with a housing tax credit allocation]. |
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(d) A person debarred by the department from participation |
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in a department [the] program may appeal the person's debarment to |
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the board. |
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SECTION 2. Subsection (a), Section 2306.6717, Government |
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Code, is amended to read as follows: |
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(a) Subject to Section 2306.67041, the department shall |
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make the following items available on the department's website: |
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(1) as soon as practicable, any proposed application |
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submitted through the preapplication process established by this |
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subchapter; |
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(2) before the 30th day preceding the date of the |
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relevant board allocation decision, except as provided by |
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Subdivision (3), the entire application, including all supporting |
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documents and exhibits, the application log, a scoring sheet |
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providing details of the application score, and any other document |
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relating to the processing of the application; |
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(3) not later than the third working day after the date |
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of the relevant determination, the results of each stage of the |
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application process, including the results of the application |
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scoring and underwriting phases and the allocation phase; |
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(4) before the 15th day preceding the date of board |
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action on the amendment, notice of an amendment under Section |
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2306.6712 and the recommendation of the director and monitor |
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regarding the amendment; and |
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(5) an appeal filed with the department or board under |
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Section 2306.0504 or 2306.6715 [or 2306.6721] and any other |
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document relating to the processing of the appeal. |
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SECTION 3. Section 2306.6719, Government Code, is amended |
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by adding Subsections (c), (d), (e), and (f) to read as follows: |
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(c) For a violation other than a violation that poses an |
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imminent hazard or threat to health and safety, the department must |
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provide the owner of a development with the following periods to |
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correct a failure to comply with a condition or law described by |
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Subsection (a)(1) or (2): |
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(1) 30 days for a failure to file the annual owner's |
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compliance report; and |
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(2) 90 days for any other failure to comply under this |
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section. |
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(d) For good cause shown, the executive director may extend |
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the periods provided under Subsection (c). |
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(e) For purposes of determining eligibility to apply for and |
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receive financial assistance from the department, a development may |
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not be considered to be in noncompliance with an applicable |
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condition or law if the owner of the development takes appropriate |
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corrective action during the period provided under Subsection (c). |
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(f) Notwithstanding Subsection (e), the department shall: |
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(1) submit to the applicable federal agency any report |
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required by federal law regarding an owner's noncompliance with a |
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condition or law described by Subsection (a)(1) or (2); and |
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(2) for purposes of developing and administering the |
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policy relating to debarment under Section 2306.0504, consider |
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recurring violations of a condition or law described by Subsection |
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(a)(1) or (2), including violations that are corrected during the |
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applicable period provided under Subsection (c). |
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SECTION 4. This Act takes effect September 1, 2013. |
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