88R3900 JG-F
 
  By: Cortez H.B. No. 1757
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirements for applications for low income
  housing tax credits for certain developments financed through the
  private activity bond program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2306.67071, Government Code, is amended
  by amending Subsections (b), (c), and (d) and adding Subsection (e)
  to read as follows:
         (b)  A county with a population of 1.2 million or more or a
  municipality with a population of 600,000 or more, as applicable,
  shall hold a hearing at which public comment may be made on the
  application.
         (c)  Except as provided by Subsection (e), the [The] board
  may not approve an application for housing tax credits for
  developments financed through the private activity bond program
  unless the applicant has submitted to the department a certified
  copy of a resolution from each applicable governing body described
  by Subsection (a).  The resolution must certify that:
               (1)  notice has been provided to each governing body as
  required by Subsection (a);
               (2)  each governing body has had sufficient opportunity
  to obtain a response from the applicant regarding any questions or
  concerns about the proposed development;
               (3)  for a county or municipality described by
  Subsection (b), the [each] governing body of the county or
  municipality has held a hearing under that subsection [Subsection
  (b)]; and
               (4)  after due consideration of the information
  provided by the applicant and public comment, the governing body
  does not object to the proposed application.
         (d)  Except as provided by Subsection (e), the [The]
  department by rule may provide for the time and manner of the
  submission to the department of a resolution required by Subsection
  (c).
         (e)  The board may approve an application for housing tax
  credits for developments financed through the private activity bond
  program that will be located in a county or municipality described
  by Subsection (b) if, before the 90th day after the date on which
  all applicable governing bodies received notice of the application
  under Subsection (a), the governing body does not:
               (1)  hold a hearing as required by Subsection (b); and
               (2)  pass a resolution described by Subsection (c) or
  otherwise object to the application through an official decree.
         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 2024 qualified
  allocation plan or a subsequent plan adopted by the governing board
  of the department. 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, 2023.