|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the allocation of low income housing tax credits to |
|
developments in certain areas designated as rural. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 2306.6740, Government Code, is amended |
|
to read as follows: |
|
Sec. 2306.6740. DESIGNATION OF CERTAIN AREAS AS RURAL. |
|
(a) The department by rule shall: |
|
(1) provide for the designation by the department of |
|
an area located within the boundaries of a primary metropolitan |
|
statistical area or a metropolitan statistical area as a rural area |
|
under Section 2306.6702(a)(12)(B) for purposes of receiving |
|
housing tax credits administered by the department under this |
|
subchapter; and |
|
(2) designate the site of a proposed or existing |
|
development as a rural area under Section 2306.6702(a)(12)(B) for |
|
purposes of receiving housing tax credits allocated by the |
|
department under Sections 2306.111(d-2) and (d-3) if the |
|
development, before September 1, 2013, has been awarded or has |
|
received financial assistance under Section 514, 515, or 516 of the |
|
Housing Act of 1949 (42 U.S.C. Section 1484, 1485, or 1486). |
|
(b) Rules adopted under this section must: |
|
(1) provide procedures by which a political |
|
subdivision or a census-designated place may apply for a rural |
|
designation under Subsection (a)(1); |
|
(2) provide guidelines for designating an area as |
|
rural under Subsection (a)(1), including specifying: |
|
(A) conditions under which a rural designation is |
|
not appropriate, including the proximity of the area to or the |
|
presence of major amenities commonly associated with urban or |
|
suburban areas; and |
|
(B) conditions under which a rural designation is |
|
appropriate, including areas with low population density, the |
|
proximity of the area to or the absence of major amenities commonly |
|
associated with urban or suburban areas, a high level of |
|
undeveloped land, a significant presence of unimproved roads, or |
|
significant agricultural activity; and |
|
(3) ensure that any housing tax credits allocated to a |
|
designated rural area described by Subsection (a)(1) or (2) comply |
|
with applicable federal requirements regarding that assistance. |
|
(c) The department shall remove a rural area designation |
|
under this section on receipt of a request submitted on behalf of |
|
the affected political subdivision, census-designated place, or |
|
development site, as applicable. |
|
SECTION 2. Section 2306.111(d-4), Government Code, is |
|
repealed. |
|
SECTION 3. As soon as practicable after the effective date |
|
of this Act, the Texas Department of Housing and Community Affairs |
|
shall adopt rules to implement the changes in law made by this Act. |
|
SECTION 4. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |