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A BILL TO BE ENTITLED
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AN ACT
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relating to the scoring criteria for an application for a low income |
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housing tax credit and the allocation of those credits to |
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developments reserved for elderly persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.6711, Government Code, is amended |
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by adding Subsections (h) and (i) to read as follows: |
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(h) Notwithstanding Section 2306.6710(d), and except as |
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necessary to comply with the nonprofit set-aside required by |
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Section 42(h)(5), Internal Revenue Code of 1986 (26 U.S.C. Section |
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42(h)(5)), the board may not allocate to developments reserved for |
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elderly persons and located in an urban subregion of a uniform state |
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service region a percentage of the available housing tax credits |
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allocated to developments located in that subregion that is greater |
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than the percentage that results from the following formula, unless |
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there are no other qualified applicants in that region: |
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MP = [(LEH - ERU)/(TLH - TEU)] X 100 |
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where: |
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"MP" is the maximum percentage of the available housing tax |
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credits allocated to developments in the subregion that may be |
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allocated to developments reserved for elderly persons; |
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"LEH" is the number of low income elderly households in the |
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subregion; |
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"ERU" is the number of existing units reserved for elderly |
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persons in developments located in the subregion that already |
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receive housing tax credits; |
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"TLH" is the total number of low income households in the |
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subregion; and |
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"TEU" is the total number of existing units in developments |
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located in the subregion that already receive housing tax credits. |
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(i) Subsection (h) applies only to a uniform state service |
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region that contains a county with a population of more than one |
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million. |
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SECTION 2. Section 2306.6725(d), Government Code, is |
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amended to read as follows: |
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(d) For each scoring criterion, the department shall use a |
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range of points to evaluate the degree to which a proposed project |
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satisfies the criterion. The department may not award: |
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(1) a number of points for a scoring criterion that is |
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disproportionate to the degree to which a proposed project complies |
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with that criterion; or |
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(2) to a proposed project for the general population a |
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number of points for a scoring criterion that is different than the |
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number of points awarded for that criterion to a proposed project |
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reserved for elderly persons if the proposed projects comply with |
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the criterion to the same degree. |
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SECTION 3. (a) The change in law made by this Act to |
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Section 2306.6711, Government Code, applies only to the allocation |
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of low income housing tax credits for an application cycle that |
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begins on or after the effective date of this Act. The allocation |
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of low income housing tax credits for an application cycle that |
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begins before the effective date of this Act is governed by the law |
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in effect on the date the application cycle began, and the former |
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law is continued in effect for that purpose. |
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(b) The change in law made by this Act to Section |
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2306.6725(d), Government Code, applies only to an application for |
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low income housing tax credits that is submitted to the Texas |
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Department of Housing and Community Affairs during an application |
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cycle that begins on or after the effective date of this Act. An |
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application that is submitted during an application cycle that |
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began before the effective date of this Act is governed by the law |
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in effect at the time the application cycle began, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2015. |