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A BILL TO BE ENTITLED
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AN ACT
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relating to required generators or other power sources for certain |
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housing developments that receive an allocation of low income |
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housing tax credits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter DD, Chapter 2306, Government Code, is |
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amended by adding Section 2306.6741 to read as follows: |
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Sec. 2306.6741. GENERATOR OR OTHER POWER SOURCE REQUIRED. |
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(a) This section applies only to a development that: |
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(1) has received an allocation of low income housing |
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tax credits under this subchapter; and |
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(2) is a multifamily residential development whose |
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residential units are reserved for individuals 55 years of age and |
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older. |
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(b) The department shall require each development to which |
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this section applies to be equipped with a generator or other power |
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source capable of: |
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(1) operating each elevator in the development that |
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provides the only point of access to an area of the development |
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containing residential units; and |
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(2) powering an HVAC system capable of maintaining the |
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air temperature in at least one enclosed area of the development |
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between 68 and 82 degrees Fahrenheit during a power outage. |
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(c) The department may adopt rules to implement this |
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section. |
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SECTION 2. (a) In this section, "development" means a |
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development to which Section 2306.6741, Government Code, as added |
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by this Act, applies. |
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(b) The Texas Department of Housing and Community Affairs |
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shall ensure that each development is in compliance with Section |
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2306.6741, Government Code, as added by this Act, not later than |
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December 31, 2026. The department may establish a process to carry |
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out this subsection in phases. |
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(c) Not later than March 1, 2027, the Texas Department of |
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Housing and Community Affairs shall prepare and submit to the |
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legislature a written report on: |
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(1) the overall number of developments in compliance |
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with Section 2306.6741, Government Code, as added by this Act; and |
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(2) for any development that is not in compliance with |
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that section, the reason for the noncompliance and any actions |
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taken by the department to ensure compliance with that section. |
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SECTION 3. This Act takes effect September 1, 2025. |