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A BILL TO BE ENTITLED
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AN ACT
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relating to the system by which an application for low income |
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housing tax credits is scored and the amount of low income housing |
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tax credits awarded during an application cycle. |
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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 may require as part of the threshold |
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criteria under a qualified allocation plan that a proposed |
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development satisfy certain criteria relating to educational |
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quality, as specified by the department in that plan. |
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(c) The department may not adopt a qualified allocation plan |
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that uses a scoring system that awards points to an application |
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based on criteria relating to the educational quality applicable to |
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a proposed development site. |
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SECTION 2. Section 2306.6711(b), Government Code, is |
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amended to read as follows: |
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(b) Not later than the deadline specified in the qualified |
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allocation plan, the board shall issue commitments for available |
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housing tax credits based on the application evaluation process |
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provided by Section 2306.6710. The board may not allocate to an |
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applicant housing tax credits in any unnecessary amount, as |
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determined by the department's underwriting policy and by federal |
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law, and in any event may not allocate to the applicant housing tax |
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credits in an amount greater than $4 [$3] million in a single |
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application round or to an individual development more than $2 |
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million in a single application round. |
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SECTION 3. Section 2306.1112, Government Code, is repealed. |
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SECTION 4. 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 2022 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 5. This Act takes effect September 1, 2021. |