87S20065 SMT-D
 
  By: Murphy H.B. No. 94
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements for beneficial tax treatment related to a
  leasehold or other possessory interest in a public facility being
  developed or used to provide multifamily housing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 303.042(f), Local Government Code, is
  amended to read as follows:
         (f)  Notwithstanding Subsections (a) and (b) and except as
  provided by Section 303.0425, during the period of time that a
  corporation owns a particular public facility, a leasehold or other
  possessory interest in the real property of the public facility
  granted by the corporation shall be treated in the same manner as a
  leasehold or other possessory interest in real property granted by
  an authority under Section 379B.011(b).
         SECTION 2.  Subchapter B, Chapter 303, Local Government
  Code, is amended by adding Section 303.0425 to read as follows:
         Sec. 303.0425.  REQUIREMENTS FOR BENEFICIAL TAX TREATMENT
  RELATING TO CERTAIN PUBLIC FACILITIES. (a) In this section:
               (1)  "Housing choice voucher program" means the housing
  choice voucher program under Section 8, United States Housing Act
  of 1937 (42 U.S.C. Section 1437f).
               (2)  "Housing facility" means a public facility being
  developed or used to provide multifamily housing.
               (3)  "Housing facility user" means a private developer
  or other private entity that has a leasehold or other possessory
  interest in a housing facility.
         (b)  Section 303.042(f) applies to a leasehold or other
  possessory interest in a housing facility granted to a housing
  facility user only if the housing facility user meets the
  requirements of this section.
         (c)  Section 303.042(f) does not apply to ad valorem taxes
  imposed by a school district on a leasehold or other possessory
  interest in a housing facility granted to a housing facility user.
         (d)  A housing facility user may not:
               (1)  refuse to rent a residential unit in the housing
  facility to an individual or family because the individual or
  family participates in the housing choice voucher program; or
               (2)  use a financial or minimum income standard that
  requires an individual or family participating in the housing
  choice voucher program to have a monthly income of more than 250
  percent of the individual's or family's share of the total monthly
  rent payable for a residential unit.
         SECTION 3.  Section 303.0425, Local Government Code, as
  added by this Act, applies only to a leasehold or other possessory
  interest in a housing facility granted by a public facility
  corporation to a housing facility user on or after the effective
  date of this Act.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.