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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of the low income housing tax credit |
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program by the Texas Department of Housing and Community Affairs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2306.67022, Government Code, is amended |
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to read as follows: |
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Sec. 2306.67022. QUALIFIED ALLOCATION PLAN; MANUAL. (a) |
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At least biennially, the board shall adopt a qualified allocation |
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plan and a corresponding manual to provide information regarding |
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the administration of and eligibility for the low income housing |
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tax credit program. The board may adopt the plan and manual |
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annually, as considered appropriate by the board. |
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(b) The department shall ensure that a qualified allocation |
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plan adopted under this section complies with all federal and state |
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fair housing laws and may not implement a qualified allocation plan |
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or a component of that plan in a manner that does not comply with |
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those laws. |
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SECTION 2. Section 2306.6710(a), Government Code, is |
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amended to read as follows: |
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(a) In evaluating an application, the department shall |
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determine whether the application satisfies the threshold criteria |
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required by the board in the qualified allocation plan. The |
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department shall reject and return to the applicant any application |
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that fails to satisfy the threshold criteria. On rejection and |
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return of an application under this subsection, the department |
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shall include an explanation of the reason the application fails to |
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satisfy the threshold criteria. |
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SECTION 3. The change in law made by this Act applies only |
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to an application for low income housing tax credits that is |
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submitted to the Texas Department of Housing and Community Affairs |
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during an application cycle that is based on the 2018 qualified |
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allocation plan or a subsequent plan adopted by the governing board |
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of the department. An application that is submitted during an |
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application cycle that is based on an earlier qualified allocation |
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plan is governed by the law in effect on the date the application |
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cycle began, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |