84R26353 KJE-D
 
  By: Alvarado H.B. No. 3311
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the scoring criteria for an application for a low income
  housing tax credit and the allocation of those credits to
  developments reserved for elderly persons.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2306.6711, Government Code, is amended
  by adding Subsections (h) and (i) to read as follows:
         (h)  Notwithstanding Section 2306.6710(d), and except as
  necessary to comply with the nonprofit set-aside required by
  Section 42(h)(5), Internal Revenue Code of 1986 (26 U.S.C. Section
  42(h)(5)), the board may not allocate to developments reserved for
  elderly persons and located in an urban subregion of a uniform state
  service region a percentage of the available housing tax credits
  allocated to developments located in that subregion that is greater
  than the percentage that results from the following formula, unless
  there are no other qualified applicants in that region:
  MP = [(LEH - ERU)/(TLH - TEU)] X 100
  where:
         "MP" is the maximum percentage of the available housing tax
  credits allocated to developments in the subregion that may be
  allocated to developments reserved for elderly persons;
         "LEH" is the number of low income elderly households in the
  subregion;
         "ERU" is the number of existing units reserved for elderly
  persons in developments located in the subregion that already
  receive housing tax credits;
         "TLH" is the total number of low income households in the
  subregion; and
         "TEU" is the total number of existing units in developments
  located in the subregion that already receive housing tax credits.
         (i)  Subsection (h) applies only to a uniform state service
  region that contains a county with a population of more than one
  million.
         SECTION 2.  Section 2306.6725(d), Government Code, is
  amended to read as follows:
         (d)  For each scoring criterion, the department shall use a
  range of points to evaluate the degree to which a proposed project
  satisfies the criterion. The department may not award:
               (1)  a number of points for a scoring criterion that is
  disproportionate to the degree to which a proposed project complies
  with that criterion; or
               (2)  to a proposed project for the general population a
  number of points for a scoring criterion that is different than the
  number of points awarded for that criterion to a proposed project
  reserved for elderly persons if the proposed projects comply with
  the criterion to the same degree.
         SECTION 3.  (a)  The change in law made by this Act to
  Section 2306.6711, Government Code, applies only to the allocation
  of low income housing tax credits for an application cycle that
  begins on or after the effective date of this Act. The allocation
  of low income housing tax credits for an application cycle that
  begins 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.
         (b)  The change in law made by this Act to Section
  2306.6725(d), Government Code, applies only to an application for
  low income housing tax credits 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 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, 2015.