87R8868 JG-F
 
  By: Moody H.B. No. 2296
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain at-risk developments to
  receive low income housing tax credits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2306.6702(a)(5), Government Code, is
  amended to read as follows:
               (5)  "At-risk development" means:
                     (A)  a development that:
                           (i)  has received the benefit of a subsidy in
  the form of a below-market interest rate loan, interest rate
  reduction, rental subsidy, Section 8 housing assistance payment,
  rental supplement payment, rental assistance payment, or equity
  incentive under the following federal laws, as applicable:
                                 (a)  Sections 221(d)(3) and (5),
  National Housing Act (12 U.S.C. Section 1715l);
                                 (b)  Section 236, National Housing Act
  (12 U.S.C. Section 1715z-1);
                                 (c)  Section 202, Housing Act of 1959
  (12 U.S.C. Section 1701q);
                                 (d)  Section 101, Housing and Urban
  Development Act of 1965 (12 U.S.C. Section 1701s);
                                 (e)  the Section 8 Additional
  Assistance Program for housing developments with HUD-Insured and
  HUD-Held Mortgages administered by the United States Department of
  Housing and Urban Development as specified by 24 C.F.R. Part 886,
  Subpart A;
                                 (f)  the Section 8 Housing Assistance
  Program for the Disposition of HUD-Owned Projects administered by
  the United States Department of Housing and Urban Development as
  specified by 24 C.F.R. Part 886, Subpart C;
                                 (g)  the Section 8 Housing Assistance
  Payments Program for New Construction administered by the United
  States Department of Housing and Urban Development as specified by
  24 C.F.R. Part 880;
                                 (h)  the Section 8 Housing Assistance
  Payments Program for Substantial Rehabilitation administered by
  the United States Department of Housing and Urban Development as
  specified by 24 C.F.R. Part 881;
                                 (i)  Sections 514, 515, and 516,
  Housing Act of 1949 (42 U.S.C. Sections 1484, 1485, and 1486); or
                                 (j) [(h)]  Section 42, Internal
  Revenue Code of 1986; and
                           (ii)  is subject to the following
  conditions:
                                 (a)  the stipulation to maintain
  affordability in the contract granting the subsidy is nearing
  expiration; or
                                 (b)  the HUD-insured or HUD-held
  mortgage on the development is eligible for prepayment or is
  nearing the end of its term; or
                     (B)  a development that proposes to rehabilitate
  or reconstruct housing units that:
                           (i)  receive assistance under Section 9,
  United States Housing Act of 1937 (42 U.S.C. Section 1437g) and are
  owned by:
                                 (a)  a public housing authority; or
                                 (b)  a public facility corporation
  created by a public housing authority under Chapter 303, Local
  Government Code;
                           (ii)  received assistance under Section 9,
  United States Housing Act of 1937 (42 U.S.C. Section 1437g) and:
                                 (a)  are proposed to be disposed of or
  demolished by a public housing authority or a public facility
  corporation created by a public housing authority under Chapter
  303, Local Government Code; or
                                 (b)  have been disposed of or
  demolished by a public housing authority or a public facility
  corporation created by a public housing authority under Chapter
  303, Local Government Code, in the two-year period preceding the
  application for housing tax credits; or
                           (iii)  receive assistance or will receive
  assistance through the Rental Assistance Demonstration program
  administered by the United States Department of Housing and Urban
  Development as specified by the Consolidated and Further Continuing
  Appropriations Act, 2012 (Pub. L. No. 112-55) and its subsequent
  amendments, if the application for assistance through the Rental
  Assistance Demonstration program is included in the applicable
  public housing plan that was most recently approved by the United
  States Department of Housing and Urban Development as specified by
  24 C.F.R. Section 903.23.
         SECTION 2.  The change in law made by this Act applies only
  to an application for low income housing tax credits that is
  submitted to the Texas Department of Housing and Community Affairs
  during an application cycle that is based on the 2022 qualified
  allocation plan or a subsequent plan adopted by the governing board
  of the department under Section 2306.67022, Government Code. An
  application that is submitted during an application cycle that is
  based on an earlier qualified allocation plan is governed by the law
  in effect on the date the application cycle began, and the former
  law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.