88R3102 JAM-F
 
  By: Bettencourt S.B. No. 1278
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain public facilities used to provide affordable
  housing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 303.021, Local Government Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  A corporation or a sponsor may finance, own, or operate
  a multifamily residential development if:
               (1)  the corporation or sponsor complies with all
  applicable provisions of this chapter; and
               (2)  the development is located:
                     (A)  in the area of operation of the sponsor, if
  the sponsor is a housing authority; or
                     (B)  in the jurisdictional boundaries of the
  sponsor, if the sponsor is not a housing authority.
         SECTION 2.  The heading to Section 303.042, Local Government
  Code, is amended to read as follows:
          Sec. 303.042.  TAXATION; EXEMPTION.
         SECTION 3.  Subchapter B, Chapter 303, Local Government
  Code, is amended by adding Section 303.0421, and a heading is added
  to that section to read as follows:
         Sec. 303.0421.  MULTIFAMILY RESIDENTIAL DEVELOPMENTS OWNED
  BY PUBLIC FACILITY CORPORATIONS.
         SECTION 4.  Section 303.0421, Local Government Code, as
  added by this Act, is amended by adding Subsections (a), (c), and
  (d) to read as follows:
         (a)  This section applies to a multifamily residential
  development that is owned by a corporation created under this
  chapter, except that this section does not apply to a multifamily
  residential development that:
               (1)  has at least 20 percent of its residential units
  reserved for public housing units;
               (2)  participates in the Rental Assistance
  Demonstration program administered by the United States Department
  of Housing and Urban Development; 
               (3)  receives financial assistance administered under
  Chapter 1372, Government Code, or receives financial assistance
  from another type of tax-exempt bond; or 
               (4)  receives financial assistance administered under
  Subchapter DD, Chapter 2306, Government Code.
         (c)  A multifamily residential development that is owned by a
  corporation created under this chapter by a housing authority and
  to which Subsection (a) applies must hold a public hearing, at a
  meeting of the authority's governing body, to approve the
  development.
         (d)  Notwithstanding Subsection (b), an exemption under
  Section 303.042(c) for an occupied multifamily residential
  development that is acquired by a corporation and to which
  Subsection (a) applies is available only if the development comes
  into compliance with the requirements of Subsection (b), as
  applicable, not later than the first anniversary of the date of the
  acquisition.
         SECTION 5.  Sections 303.042(d), (e), and (f), Local
  Government Code, are transferred to Section 303.0421, Local
  Government Code, as added by this Act, redesignated as Sections
  303.0421(b), (e), and (f), Local Government Code, and amended to
  read as follows:
         (b)  Notwithstanding Section 303.042(c) and subject to
  Subsections (c) and (d), an [(d) An] exemption under Section
  303.042(c) [this section] for a multifamily residential
  development to which Subsection (a) applies is available [which is
  owned by a public facility corporation created by a housing
  authority under this chapter and which does not have at least 20
  percent of its units reserved for public housing units, applies]
  only if:
               (1)  the requirements under Section 303.0425 are met
  [housing authority holds a public hearing, at a regular meeting of
  the authority's governing body, to approve the development]; [and]
               (2)  at least 50 percent of the units in the multifamily
  residential development are reserved for occupancy by individuals
  and families earning not more [less] than 80 percent of the area
  median [family] income, adjusted for family size; and
               (3)  for an occupied multifamily residential
  development that is acquired by a corporation and not otherwise
  subject to a land use restriction agreement under Section 2306.185,
  Government Code:
                     (A)  the mayor of any municipality or county judge
  of any county for which the sponsor of the corporation was created,
  as applicable, and the presiding officer of the board of trustees of
  the school district in which the development is located are given
  written notice not later than the 60th day before the date of the
  acquisition of the property; and
                     (B)  either:
                           (i)  not less than 15 percent of the total
  gross cost of the existing development in its entirety is expended
  on rehabilitating, renovating, reconstructing, or repairing the
  development, with initial expenditures and construction activities
  beginning not later than the first anniversary of the date of the
  acquisition and diligently continued until completed; or
                           (ii)  at least 50 percent of the units are
  reserved for occupancy as lower income housing units, as defined
  under Section 303.0425.
         (e)  For the purposes of Subsection (a) [(d)], a "public
  housing unit" is a residential [dwelling] unit for which the
  landlord receives a public housing operating subsidy. It does not
  include a unit for which payments are made to the landlord under the
  federal Section 8 Housing Choice Voucher Program.
         (f)  Notwithstanding Sections 303.042(a) and (b)
  [Subsections (a) and (b)], during the  period [of time] that a
  corporation owns a particular public  facility that is a
  multifamily residential development:
               (1)  [,] a leasehold or other possessory interest in
  the real property of the public facility granted by the corporation
  shall be  treated in the same manner as a leasehold or other
  possessory interest in real property granted by an authority under
  Section 379B.011(b); and
               (2)  the materials used by a person granted a
  possessory interest described by Subdivision (1) to improve the
  real property of the public facility shall be exempt from all sales
  and use taxes because the materials are for the benefit of the
  corporation.
         SECTION 6.  Subchapter B, Chapter 303, Local Government
  Code, is amended by adding Section 303.0425 to read as follows:
         Sec. 303.0425.  ADDITIONAL REQUIREMENTS FOR BENEFICIAL TAX
  TREATMENT RELATING TO CERTAIN PUBLIC FACILITIES. (a) In this
  section:
               (1)  "Developer" means a private entity that constructs
  a development, including the rehabilitation, renovation,
  reconstruction, or repair of a development.
               (2)  "Housing choice voucher program" means the housing
  choice voucher program under Section 8, United States Housing Act
  of 1937 (42 U.S.C. Section 1437f).
               (3)  "Lower income housing unit" means a residential
  unit reserved for occupancy by an individual or family earning not
  more than 60 percent of the area median income, adjusted for family
  size.
               (4)  "Public facility user" means a public-private
  partnership entity or a developer or other private entity that has
  an ownership interest or a leasehold or other possessory interest
  in a public facility that is a multifamily residential development.
         (b)  Not less than 10 percent of the residential units in a
  development must be reserved as lower income housing units unless:
               (1)  a majority of the members of the board of the
  corporation are elected officials; or
               (2)  the development is approved by the governing body
  of the municipality in which the development is located or, if the
  development is not located in a municipality, the county in which
  the development is located.
         (c)  The percentage of lower income housing units reserved in
  each category of units in the development, based on the number of
  bedrooms and bathrooms per unit, must be the same as the percentage
  of lower income housing units reserved in the development as a
  whole.
         (d)  The monthly rent charged for a lower income housing unit
  may not exceed:
               (1)  30 percent of 60 percent of the area median income,
  adjusted for family size; or
               (2)  if the unit is occupied by a participant in the
  housing choice voucher program, the payment standard used by the
  housing authority that administers the voucher for the unit.
         (e)  In calculating the income of an individual or family for
  a lower income housing unit, the public facility user must consider
  the income of each individual who will be living in the unit.  If the
  income of a tenant exceeds an applicable limit, the provisions of
  Section 42(g)(2)(D), Internal Revenue Code of 1986, apply in
  determining whether the unit may still qualify as a lower income
  housing unit.
         (f)  A public facility user may not:
               (1)  refuse to rent a residential unit to an individual
  or family because the individual or family participates in the
  housing choice voucher program; or
               (2)  use a financial or minimum income standard that
  requires an individual or family participating in the housing
  choice voucher program to have a monthly income of more than 250
  percent of the individual's or family's share of the total monthly
  rent payable for a unit.
         (g)  A corporation that owns or leases to a public facility
  user a public facility used as a multifamily residential
  development shall publish on its Internet website information about
  the development's:
               (1)  compliance with the requirements of this section;
  and
               (2)  policies regarding tenant participation in the
  housing choice voucher program.
         (h)  A public facility user shall:
               (1)  affirmatively market available residential units
  directly to individuals and families participating in the housing
  choice voucher program; and
               (2)  notify local housing authorities of the
  multifamily residential development's acceptance of tenants in the
  housing choice voucher program.
         (i)  A public facility user of a multifamily residential
  development must:
               (1)  not later than April 1 of each year, submit to the
  chief appraiser of the appraisal district in which the development
  is located an audit report for a compliance audit conducted by an
  independent auditor or compliance expert to determine whether the
  public facility user is in compliance with the requirements of this
  section; and
               (2)  before the initial occupancy of an unoccupied
  development or not later than the 30th day after the date of
  acquisition of an occupied development, submit to the comptroller a
  report that includes, for each development:
                     (A)  the name of the development;
                     (B)  the street address and municipality or county
  in which the development is located;
                     (C)  the name of the developer;
                     (D)  the total number of residential units,
  reported by number of bedrooms;
                     (E)  the total number of lower income housing
  units, reported by number of bedrooms, by level of income
  restriction, and by initial rent;
                     (F)  the total number of residential units that
  are not lower income housing units but that are reserved for
  occupancy by an individual or family earning not more than 80
  percent of the area median income, adjusted for family size,
  reported by number of bedrooms, by level of income restriction, and
  by initial rent;
                     (G)  the number of residential units rented by
  individuals and families who participate in the housing choice
  voucher program, reported by number of bedrooms;
                     (H)  a copy of the ground lease; and
                     (I)  a copy of the partnership agreement or other
  governing agreement executed by the corporation for the public
  facility, if any.
         (j)  The reports submitted under Subsection (i) are public
  information and subject to disclosure under Chapter 552, Government
  Code, except that information containing tenant names, unit
  numbers, or other tenant identifying information may be redacted.
  The comptroller shall post a copy of the report received under
  Subsection (i)(2) on its Internet website.
         (k)  Each lease agreement for a residential unit in a
  multifamily residential development subject to this section must
  provide that:
               (1)  the landlord may not retaliate against the tenant
  or the tenant's guests by taking an action because the tenant
  established, attempted to establish, or participated in a tenant
  organization;
               (2)  the landlord may only choose to not renew the lease
  if the tenant:
                     (A)  is in material noncompliance with the lease,
  including nonpayment of rent after the required cure period;
                     (B)  committed one or more substantial violations
  of the lease;
                     (C)  failed to provide required information on the
  income, composition, or eligibility of the tenant's household; or
                     (D)  committed repeated minor violations of the
  lease that:
                           (i)  disrupt the livability of the property;
                           (ii)  adversely affect the health and safety
  of any person or the right to quiet enjoyment of the leased premises
  and related development facilities;
                           (iii)  interfere with the management of the
  development; or
                           (iv)  have an adverse financial effect on
  the development, including the repeated failure of the tenant to
  pay rent in a timely manner; and
               (3)  to not renew the lease, the landlord must serve a
  written notice of proposed nonrenewal on the tenant not later than
  the 30th day before the effective date of nonrenewal.
         (l)  A tenant may not waive the protections provided by
  Subsection (k).
         (m)  A public facility corporation must be given:
               (1)  written notice from the comptroller or appropriate
  appraisal district of an instance of noncompliance with this
  section; and
               (2)  120 days after the day notice is received under
  Subdivision (1) to cure the matter that is the subject of the
  notice.
         SECTION 7.  Sections 392.005(c) and (d), Local Government
  Code, are amended to read as follows:
         (c)  An exemption under this section for a multifamily
  residential development which is owned by [(i) a public facility
  corporation created by a housing authority under Chapter 303, (ii)]
  a housing development corporation[,] or [(iii)] a similar entity
  created by a housing authority, other than a public facility
  corporation created by a housing authority under Chapter 303, and
  which does not have at least 20 percent of its residential units
  reserved for public housing units, applies only if:
               (1)  the authority holds a public hearing, at a regular
  meeting of the authority's governing body, to approve the
  development; and
               (2)  at least 50 percent of the units in the multifamily
  residential development are reserved for occupancy by individuals
  and families earning less than 80 percent of the area median
  [family] income, adjusted for family size.
         (d)  For the purposes of Subsection (c), a "public housing
  unit" is a residential [dwelling] unit for which the owner receives
  a public housing operating subsidy. It does not include a unit for
  which payments are made to the landlord under the federal Section 8
  Housing Choice Voucher Program.
         SECTION 8.  (a)  Subject to Subsections (b) and (c) of this
  section, Section 303.0421, Local Government Code, as added by this
  Act, applies only to a tax imposed for a tax year beginning on or
  after the effective date of this Act.
         (b)  Section 303.0421(c), Local Government Code, as added by
  this Act, applies only to a multifamily residential development
  that is approved by a housing authority on or after the effective
  date of this Act. A multifamily residential development that is
  approved by a housing authority before the effective date of this
  Act is governed by the law in effect on the date the development was
  approved by the housing authority, and the former law is continued
  in effect for that purpose.
         (c)  Section 303.0421(d), Local Government Code, as added by
  this Act, applies only to an occupied multifamily residential
  development that is acquired by a public facility corporation on or
  after the effective date of this Act. An occupied multifamily
  residential development that is acquired by a public facility
  corporation before the effective date of this Act is governed by the
  law in effect on the date the development was acquired by the public
  facility corporation, and the former law is continued in effect for
  that purpose.
         SECTION 9.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.