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A BILL TO BE ENTITLED
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AN ACT
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relating to low income housing tax credits administered by the |
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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 2306.256, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Through the program, the department shall: |
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(1) maintain data on housing projected to lose its |
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affordable status; |
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(2) develop policies necessary to ensure the |
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preservation of affordable housing in this state; |
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(3) advise other program areas with respect to the |
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policies; [and] |
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(4) assist those other program areas in implementing |
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the policies; |
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(5) create for developments that have received an |
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allocation of low income housing tax credits a comprehensive |
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preservation strategy that includes: |
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(A) the identification of developments at risk of |
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withdrawing from the low income housing tax credit program in the |
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next two years and five years; |
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(B) a system for prioritizing developments for |
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preservation; and |
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(C) policy and funding strategies for preserving |
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developments prioritized under the system described by Paragraph |
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(B); and |
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(6) with respect to developments described by |
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Subdivision (5), adopt and implement an affirmative marketing |
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strategy for identifying and securing commitments from qualified |
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entities who will maintain affordable housing options in |
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developments when the owner of the development applies for a |
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qualified contract or notifies the department under Section |
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2306.6726 of the owner's intent to sell the development. |
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(c) The department's marketing strategy under Subsection |
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(b)(6) must include a process for: |
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(1) affirmatively developing and maintaining a list of |
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qualified entities, as that term is defined in Section 2306.6726; |
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and |
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(2) contacting qualified entities, through a means |
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other than e-mail or general postings on the department's website, |
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to inform the entities of opportunities to purchase and preserve |
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affordable housing. |
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SECTION 2. Section 2306.6717(a), Government Code, is |
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amended to read as follows: |
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(a) Subject to Section 2306.67041, the department shall |
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make the following items available on the department's website: |
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(1) as soon as practicable, any proposed application |
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submitted through the preapplication process established by this |
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subchapter; |
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(2) before the 30th day preceding the date of the |
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relevant board allocation decision, except as provided by |
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Subdivision (3), the entire application, including all supporting |
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documents and exhibits, the application log, a scoring sheet |
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providing details of the application score, and any other document |
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relating to the processing of the application; |
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(3) not later than the third working day after the date |
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of the relevant determination, the results of each stage of the |
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application process, including the results of the application |
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scoring and underwriting phases and the allocation phase; |
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(4) before the 15th day preceding the date of board |
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action on the amendment, notice of an amendment under Section |
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2306.6712 and the recommendation of the director and monitor |
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regarding the amendment; [and] |
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(5) an appeal filed with the department or board under |
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Section 2306.0504 or 2306.6715 and any other document relating to |
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the processing of the appeal; and |
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(6) the land use restriction agreement, including any |
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amendments to the agreement, for each housing tax credit property |
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subject to such an agreement. |
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SECTION 3. Not later than January 15, 2022, the Texas |
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Department of Housing and Community Affairs shall adopt rules as |
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necessary to implement the changes in law made by this Act. |
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SECTION 4. The Texas Department of Housing and Community |
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Affairs is required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the Texas Department of Housing and Community Affairs may, |
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but is not required to, implement a provision of this Act using |
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other appropriations available for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |