H.B. No. 4275
AN ACT
relating to the application process and scoring for the low income
housing tax credit program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter DD, Chapter 2306, Government Code, is
amended by adding Section 2306.6736 to read as follows:
Sec. 2306.6736. LOW INCOME HOUSING TAX CREDITS FINANCED
UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. (a) To the
extent the department receives federal funds under the American
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) or any
subsequent law (including any extension or renewal thereof) that
requires the department to award the federal funds in the same
manner and subject to the same limitations as awards of housing tax
credits, the following provisions shall apply.
(b) Any reference in this chapter to the administration of
the housing tax credit program shall apply equally to the
administration of such federal funds, except:
(1) the department may establish a separate
application procedure for such funds, outside of the uniform
application cycle referred to in Section 2306.1111 and the
deadlines established in Section 2306.6724, and any reference
herein to the application period shall refer to the period
beginning on the date the department begins accepting applications
for such funds and continuing until all such available funds are
awarded;
(2) unless reauthorized, this section is repealed on
August 31, 2011.
SECTION 2. Subchapter DD, Chapter 2306, Government Code, is
amended by adding Section 2306.6737 to read as follows:
Sec. 2306.6737. ASSISTANCE FROM AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009. If allowed by federal law, the department
shall, under any federally funded program resulting from the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
secure the interests of the state through bonds, an ownership
interest in property, restrictive covenants filed in the real
property records, and/or liens filed on a property for which the
applicant has accepted funds until such a time as the department and
the State of Texas do not have liability to repay or recapture such
funds.
SECTION 3. It is the intent of the legislature that the
passage by the 81st Legislature, Regular Session, 2009, of another
bill that amends Chapter 2306, Government Code, and the amendments
made by this Act shall be harmonized, if possible, as provided by
Section 311.025(b), Government Code, so that effect may be given to
each. If the amendments made by this Act to Chapter 2306,
Government Code, and the amendments made to Chapter 2306,
Government Code, by any other bill are irreconcilable, it is the
intent of the legislature that this Act prevail, regardless of the
relative dates of enactment of this Act and the other bill or bills,
but only to the extent that any differences are irreconcilable.
SECTION 4. The changes in law made by this Act relating to
the evaluation of applications for financial assistance
administered by the Texas Department of Housing and Community
Affairs apply only to an application submitted on or after the
effective date of this Act. An application submitted before the
effective date of this Act is governed by the law in effect when the
application was submitted, and the former law is continued in
effect for that purpose.
SECTION 5. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4275 was passed by the House on May 5,
2009, by the following vote: Yeas 140, Nays 4, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 4275 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 4275 on May 31, 2009, by the following vote: Yeas 139,
Nays 6, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4275 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
4275 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor