88R20892 JG-D
 
  By: Campos H.B. No. 3136
 
  Substitute the following for H.B. No. 3136:
 
  By:  Lozano C.S.H.B. No. 3136
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the issuance by the Texas Department of Housing and
  Community Affairs of certain federal forms for purposes of
  allocating low income housing tax credits; authorizing an
  administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter DD, Chapter 2306, Government Code, is
  amended by adding Section 2306.67101 to read as follows:
         Sec. 2306.67101.  ISSUANCE OF INTERNAL REVENUE SERVICE FORM
  8609; REPORT. (a) In this section:
               (1)  "Documentation packet" means the Internal Revenue
  Service Form 8609 documentation packet required to receive an
  allocation of housing tax credits under this subchapter.
               (2)  "Form 8609" means Internal Revenue Service Form
  8609, or that form's successor.
         (b)  Not later than the 120th day after the date a
  development owner submits to the department an Internal Revenue
  Service Form 8609 documentation packet under this section, the
  department shall issue the owner an Internal Revenue Service Form
  8609.
         (c)  A documentation packet must consist of only:
               (1)  an owner's statement of certification form:
                     (A)  that is signed by the development owner and
  notarized; and
                     (B)  through which the development owner
  certifies the accuracy of the information included in the
  documentation packet;
               (2)  an owner's summary form that includes:
                     (A)  the taxpayer identification number of the
  development owner; and
                     (B)  information on the ownership structure of the
  development owner, the developer, or the development guarantor;
               (3)  a development cost schedule for the development;
               (4)  an independent auditor's report of the total
  development cost and eligible basis of the development through
  which the auditor certifies that the audit was conducted according
  to generally accepted auditing standards and included:
                     (A)  an examination of evidence supporting the
  amounts and disclosures outlined in the cost certification;
                     (B)  an assessment of the accounting principles
  used and significant estimates made by the development owner; and
                     (C)  an overall cost certification evaluation and
  establishment of the total eligible basis;
               (5)  an independent auditor's report of bond financing
  through which the auditor certifies the percentage of the
  development's aggregate basis financed by tax-exempt bonds;
               (6)  a complete copy of the executed carryover
  allocation agreement issued to the development owner by the
  department;
               (7)  for a development that was awarded points for
  demonstrating nonprofit participation under the sponsor
  characteristics of the application, documentation evidencing the
  nonprofit participation;
               (8)  a placement in service form that contains
  summarized information for the development on a
  building-by-building basis;
               (9)  an architect certification or substantial
  completion form and permission to occupy form:
                     (A)  that are completed and signed by the
  development architect; and
                     (B)  through which the development architect
  certifies, for purposes of calculating the development's placed in
  service date, the date of:
                           (i)  the completion of the development's
  buildings; and
                           (ii)  the issuance of the certificate of
  occupancy for the development;
               (10)  a complete copy of the executed and recorded land
  use restriction agreement for the development;
               (11)  a projected operating pro forma to include a rent
  schedule and annual operating expenses; and
               (12)  a summary of the sources and uses of funds for the
  development.
         (d)  The form and contents of the documentation required
  under Subsections (c)(1), (2), (3), (4), (5), (8), and (9) must be
  the same as those prescribed by the department for the application
  cycle that is based on the 2022 qualified allocation plan.
         (e)  If the department determines that a development owner
  intentionally provided incorrect or inconsistent information in a
  documentation packet submitted to the department under this
  section, the department may assess an administrative penalty
  against the owner in accordance with Subchapter B. In assessing an
  administrative penalty under this subsection, the department may:
               (1)  impose a monetary penalty; or
               (2)  prohibit the owner or any person that has an
  ownership interest in the development, except for a tax credit
  purchaser or syndicator, from participating in the low income
  housing tax credit program for a period of not more than two years.
         (f)  The department shall quarterly prepare and submit to the
  legislature a written report that includes the following
  information for the preceding quarter:
               (1)  the total number of submitted documentation
  packets that the department is in the course of processing;
               (2)  the total number of Forms 8609 that the department
  issued, aggregated by the total number issued:
                     (A)  not later than the 120th day after the date a
  documentation packet was submitted;
                     (B)  on or after the 121st day but before the 151st
  day after the date a documentation packet was submitted;
                     (C)  on or after the 151st day but before the 181st
  day after the date a documentation packet was submitted; and
                     (D)  on or after the 181st day after the date a
  documentation packet was submitted;
               (3)  a detailed statement of the reasons for the
  department's delay in issuing Form 8609 in the time required by
  Subsection (b), including complete copies of any requests for
  information;
               (4)  the average time the department required for
  issuing Form 8609;
               (5)  the total number of rejected applications for Form
  8609; and
               (6)  a detailed statement of the reason for the
  department's rejection of each application.
         (g)  The department shall adopt rules to implement this
  section, including rules specifying the manner, deadline, and fees
  for submitting a documentation packet under this section.
         SECTION 2.  The changes in law made by this Act apply 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 2023 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, 2023.