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BILL ANALYSIS

 

 

 

C.S.H.B. 1973

By: Button

Urban Affairs

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

It has been noted that certain applications for low income housing tax credits are evaluated in part based on a written statement from the state representative who represents the district containing the proposed development site. It has been suggested that if no written statement is received the points that could have been awarded based on the statement should be reallocated. C.S.H.B. 1973 seeks to address this issue by setting out provisions relating to the system by which an application for a low income housing tax credit is scored.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 1973 amends the Government Code to require the Texas Department of Housing and Community Affairs (TDHCA), if no written statement relating to community support for an application for low income housing tax credits is received from the state representative who represents the district containing the proposed development site, to use the maximum number of points that could have been awarded for that scoring category to increase the maximum number of points that may be awarded for the category relating to quantifiable community participation with respect to the development that is evaluated on the basis of a resolution concerning the development that is voted on and adopted by applicable local political subdivisions. The bill sets out a related provision regarding the reallocation of the points between such political subdivisions, if applicable. The bill requires the TDHCA, in awarding points transferred between scoring categories under the bill's provisions, to award positive points for positive resolutions adopted, negative points for negative resolutions adopted, and zero points for neutral resolutions adopted.

 

C.S.H.B. 1973 applies only to an application that is submitted to the TDHCA during an application cycle that is based on the 2020 qualified allocation plan or a subsequent plan adopted by the TDHCA governing board.  

 

EFFECTIVE DATE

 

September 1, 2019.

 

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 1973 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute does not include a provision conditioning the requirement that the level of community support for a low income housing tax credit application be evaluated based on a written statement from the state representative who represents the district containing the proposed development site on the proposed development being located in an unincorporated area that is part of an urban area, as that term was defined by the TDHCA on January 1, 2019.

 

The substitute includes provisions specifying the responsibilities of the TDHCA if no written statement relating to community support for such an application is received from the applicable state representative.