84R9160 JAM-F

By: Riddle H.B. No. 1568

A BILL TO BE ENTITLED

AN ACT

relating to the evaluation of applications for certain financial assistance administered by the Texas Department of Housing and Community Affairs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2306.1114(a), Government Code, is amended to read as follows:

(a) Not later than the 14th day after the date an application or a proposed application for housing funds described by Section 2306.111 has been filed, the department shall provide written notice of the filing of the application or proposed application to the following persons:

(1) the United States representative who represents the community containing the development described in the application;

(2) members of the legislature who represent the community containing the development described in the application;

(3) the presiding officer of the governing body of the political subdivision containing the development described in the application;

(4) any member of the governing body of a political subdivision who represents the area containing the development described in the application;

(5) the superintendent and the presiding officer of the board of trustees of the school district containing the development described in the application; [and]

(6) any neighborhood organization that is [organizations] on record with the state or county in which the development described in the application is to be located and that has [whose] boundaries containing [contain] the proposed development site or has a boundary located not more than 300 feet from the proposed site; and

(7) any residence located not more than 300 feet from the proposed development site.

SECTION 2. Section 2306.6704, Government Code, is amended by amending Subsection (b-1) and adding Subsection (b-2) to read as follows:

(b-1) The preapplication process must require the applicant to provide the department with evidence that the applicant has notified the following entities with respect to the filing of the application:

(1) any neighborhood organization that is [organizations] on record with the state or county in which the development is to be located and that has [whose] boundaries containing [contain] the proposed development site or has a boundary located not more than 300 feet from the proposed site;

(2) the superintendent and the presiding officer of the board of trustees of the school district containing the development;

(3) the presiding officer of the governing body of any municipality containing the development and all elected members of that body;

(4) the presiding officer of the governing body of the county containing the development and all elected members of that body; [and]

(5) the state senator and state representative of the district containing the development; and

(6) any residence located not more than 300 feet from the proposed development site.

(b-2) Notification provided under Subsection (b-1) must contain a description of the public hearing requirement under Section 2306.67071.

SECTION 3. Section 2306.6705, Government Code, is amended to read as follows:

Sec. 2306.6705. GENERAL APPLICATION REQUIREMENTS. (a) An application must contain at a minimum the following written, detailed information in a form prescribed by the board:

(1) a description of:

(A) the financing plan for the development, including any nontraditional financing arrangements;

(B) the use of funds with respect to the development;

(C) the funding sources for the development, including:

(i) construction, permanent, and bridge loans; and

(ii) rents, operating subsidies, and replacement reserves; and

(D) the commitment status of the funding sources for the development;

(2) if syndication costs are included in the eligible basis, a justification of the syndication costs for each cost category by an attorney or accountant specializing in tax matters;

(3) from a syndicator or a financial consultant of the applicant, an estimate of the amount of equity dollars expected to be raised for the development in conjunction with the amount of housing tax credits requested for allocation to the applicant, including:

(A) pay-in schedules; and

(B) syndicator consulting fees and other syndication costs;

(4) if rental assistance, an operating subsidy, or an annuity is proposed for the development, any related contract or other agreement securing those funds and an identification of:

(A) the source and annual amount of the funds;

(B) the number of units receiving the funds; and

(C) the term and expiration date of the contract or other agreement;

(5) if the development is located within the boundaries of a political subdivision with a zoning ordinance, evidence in the form of a letter from the chief executive officer of the political subdivision or from another local official with jurisdiction over zoning matters that states that:

(A) the development is permitted under the provisions of the ordinance that apply to the location of the development; or

(B) the applicant is in the process of seeking the appropriate zoning and has signed and provided to the political subdivision a release agreeing to hold the political subdivision and all other parties harmless in the event that the appropriate zoning is denied;

(6) if an occupied development is proposed for rehabilitation:

(A) an explanation of the process used to notify and consult with the tenants in preparing the application;

(B) a relocation plan outlining:

(i) relocation requirements; and

(ii) a budget with an identified funding source; and

(C) if applicable, evidence that the relocation plan has been submitted to the appropriate local agency;

(7) a certification of the applicant's compliance with appropriate state and federal laws, as required by other state law or by the board;

(8) any other information required by the board in the qualified allocation plan; and

(9) evidence that the applicant has notified the following entities with respect to the filing of the application:

(A) any neighborhood organization that is [organizations] on record with the state or county in which the development is to be located and that has [whose] boundaries containing [contain] the proposed development site or has a boundary located not more than 300 feet from the proposed development site;

(B) the superintendent and the presiding officer of the board of trustees of the school district containing the development;

(C) the presiding officer of the governing body of any municipality containing the development and all elected members of that body;

(D) the presiding officer of the governing body of the county containing the development and all elected members of that body; [and]

(E) the state senator and state representative of the district containing the development; and

(F) any residence located not more than 300 feet from the proposed development site.

(b) A notification provided under Subsection (a) must contain a description of the public hearing requirement under Section 2306.67071.

SECTION 4. Section 2306.67071, Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (c-1) to read as follows:

(a) Before submitting to the department an application for housing tax credits for developments financed through competitively awarded tax credits or through the private activity bond program, including private activity bonds issued by the department, the Texas State Affordable Housing Corporation, or a local issuer, an applicant must provide notice of the intent to file the application to the state representative of the district containing the proposed development site and:

(1) the governing body of a municipality in which the proposed development site is to be located;

(2) subject to Subdivision (3), the commissioners court of a county in which the proposed development site is to be located, if the proposed site is to be located in an area of a county that is not part of a municipality; or

(3) the commissioners court of a county in which the proposed development site is to be located and the governing body of the applicable municipality, if the proposed site is to be located in the extraterritorial jurisdiction of a municipality.

(c) The board may not award a housing tax credit or issue a determination notice with respect to [approve] an application for housing tax credits for developments financed through competitively awarded tax credits or through the private activity bond program unless the applicant has submitted to the department a certified copy of a resolution from each applicable governing body described by Subsection (a) and a letter from each applicable state representative described by Subsection (c-1). The resolution must certify that:

(1) notice has been provided to each governing body as required by Subsection (a);

(2) each governing body has had sufficient opportunity to obtain a response from the applicant regarding any questions or concerns about the proposed development;

(3) each governing body has held a hearing under Subsection (b); and

(4) after due consideration of the information provided by the applicant and public comment, including any comment from neighborhood organizations, residents, or state representatives required to be notified under this subchapter, the governing body does not object to the proposed application.

(c-1) If a required resolution is adopted under Subsection (c) by a commissioners court and none of the sitting commissioners reside in the legislative district in which the proposed development site is to be located, the applicant must also submit from the state representative of the legislative district containing the proposed development site a letter stating that the representative does not object to the proposed application.

SECTION 5. Sections 2306.6710(b) and (f), Government Code, are amended to read as follows:

(b) If an application satisfies the threshold criteria, the department shall score and rank the application using a point system that:

(1) prioritizes in descending order criteria regarding:

(A) financial feasibility of the development based on the supporting financial data required in the application that will include a project underwriting pro forma from the permanent or construction lender;

(B) [quantifiable community participation with respect to the development, evaluated on the basis of a resolution concerning the development that is voted on and adopted by the following, as applicable:

[(i) the governing body of a municipality in which the proposed development site is to be located;

[(ii) subject to Subparagraph (iii), the commissioners court of a county in which the proposed development site is to be located, if the proposed site is to be located in an area of a county that is not part of a municipality; or

[(iii) the commissioners court of a county in which the proposed development site is to be located and the governing body of the applicable municipality, if the proposed site is to be located in the extraterritorial jurisdiction of a municipality;

[(C)] the income levels of tenants of the development;

(C) [(D)] the size and quality of the units;

(D) [(E)] the commitment of development funding by local political subdivisions;

(E) [(F)] the rent levels of the units;

(F) [(G)] the cost of the development by square foot;

(G) [(H)] the services to be provided to tenants of the development;

(H) [(I)] whether, at the time the complete application is submitted or at any time within the two-year period preceding the date of submission, the proposed development site is located in an area declared to be a disaster under Section 418.014;

(I) [(J)] quantifiable community participation with respect to the development, evaluated on the basis of written statements from any neighborhood organization that is [organizations] on record with the state or county in which the development is to be located and that has [whose] boundaries containing [contain] the proposed development site or has a boundary located not more than 300 feet from the proposed site; and

(J) [(K)] the level of community support for the application, evaluated on the basis of a written statement from the state representative who represents the district containing the proposed development site;

(2) uses criteria imposing penalties on applicants or affiliates who have requested extensions of department deadlines relating to developments supported by housing tax credit allocations made in the application round preceding the current round or a developer or principal of the applicant that has been removed by the lender, equity provider, or limited partners for its failure to perform its obligations under the loan documents or limited partnership agreement; and

(3) encourages applicants to provide free notary public service to the residents of the developments for which the allocation of housing tax credits is requested.

(f) In evaluating the level of community support for an application under Subsection (b)(1)(J) [(b)(1)(K)], the department shall award:

(1) positive points for positive written statements received;

(2) negative points for negative written statements received; and

(3) zero points for neutral statements received.

SECTION 6. The changes in law made by this Act apply only to an application for financial assistance 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 submitted during an application cycle that began before the effective date of this Act is governed by the law in effect on the date the application cycle began, and the former law is continued in effect for that purpose.

SECTION 7. This Act takes effect September 1, 2015.