Texas 2009 - 81st Regular

Texas House Bill HB4275 Compare Versions

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1	1	H.B. No. 4275
2	2
3	3
4	4	AN ACT
5	5	relating to the application process and scoring for the low income
6	6	housing tax credit program.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter DD, Chapter 2306, Government Code, is
9	9	amended by adding Section 2306.6736 to read as follows:
10	10	Sec. 2306.6736. LOW INCOME HOUSING TAX CREDITS FINANCED
11	11	UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. (a) To the
12	12	extent the department receives federal funds under the American
13	13	Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) or any
14	14	subsequent law (including any extension or renewal thereof) that
15	15	requires the department to award the federal funds in the same
16	16	manner and subject to the same limitations as awards of housing tax
17	17	credits, the following provisions shall apply.
18	18	(b) Any reference in this chapter to the administration of
19	19	the housing tax credit program shall apply equally to the
20	20	administration of such federal funds, except:
21	21	(1) the department may establish a separate
22	22	application procedure for such funds, outside of the uniform
23	23	application cycle referred to in Section 2306.1111 and the
24	24	deadlines established in Section 2306.6724, and any reference
25	25	herein to the application period shall refer to the period
26	26	beginning on the date the department begins accepting applications
27	27	for such funds and continuing until all such available funds are
28	28	awarded;
29	29	(2) unless reauthorized, this section is repealed on
30	30	August 31, 2011.
31	31	SECTION 2. Subchapter DD, Chapter 2306, Government Code, is
32	32	amended by adding Section 2306.6737 to read as follows:
33	33	Sec. 2306.6737. ASSISTANCE FROM AMERICAN RECOVERY AND
34	34	REINVESTMENT ACT OF 2009. If allowed by federal law, the department
35	35	shall, under any federally funded program resulting from the
36	36	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
37	37	secure the interests of the state through bonds, an ownership
38	38	interest in property, restrictive covenants filed in the real
39	39	property records, and/or liens filed on a property for which the
40	40	applicant has accepted funds until such a time as the department and
41	41	the State of Texas do not have liability to repay or recapture such
42	42	funds.
43	43	SECTION 3. It is the intent of the legislature that the
44	44	passage by the 81st Legislature, Regular Session, 2009, of another
45	45	bill that amends Chapter 2306, Government Code, and the amendments
46	46	made by this Act shall be harmonized, if possible, as provided by
47	47	Section 311.025(b), Government Code, so that effect may be given to
48	48	each. If the amendments made by this Act to Chapter 2306,
49	49	Government Code, and the amendments made to Chapter 2306,
50	50	Government Code, by any other bill are irreconcilable, it is the
51	51	intent of the legislature that this Act prevail, regardless of the
52	52	relative dates of enactment of this Act and the other bill or bills,
53	53	but only to the extent that any differences are irreconcilable.
54	54	SECTION 4. The changes in law made by this Act relating to
55	55	the evaluation of applications for financial assistance
56	56	administered by the Texas Department of Housing and Community
57	57	Affairs apply only to an application submitted on or after the
58	58	effective date of this Act. An application submitted before the
59	59	effective date of this Act is governed by the law in effect when the
60	60	application was submitted, and the former law is continued in
61	61	effect for that purpose.
62	62	SECTION 5. This Act takes effect immediately if it receives
63	63	a vote of two-thirds of all the members elected to each house, as
64	64	provided by Section 39, Article III, Texas Constitution. If this
65	65	Act does not receive the vote necessary for immediate effect, this
66	66	Act takes effect September 1, 2009.
67	67	______________________________ ______________________________
68	68	President of the Senate Speaker of the House
69	69	I certify that H.B. No. 4275 was passed by the House on May 5,
70	70	2009, by the following vote: Yeas 140, Nays 4, 1 present, not
71	71	voting; that the House refused to concur in Senate amendments to
72	72	H.B. No. 4275 on May 29, 2009, and requested the appointment of a
73	73	conference committee to consider the differences between the two
74	74	houses; and that the House adopted the conference committee report
75	75	on H.B. No. 4275 on May 31, 2009, by the following vote: Yeas 139,
76	76	Nays 6, 2 present, not voting.
77	77	______________________________
78	78	Chief Clerk of the House
79	79	I certify that H.B. No. 4275 was passed by the Senate, with
80	80	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
81	81	0; at the request of the House, the Senate appointed a conference
82	82	committee to consider the differences between the two houses; and
83	83	that the Senate adopted the conference committee report on H.B. No.
84	84	4275 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
85	85	______________________________
86	86	Secretary of the Senate
87	87	APPROVED: __________________
88	88	Date
89	89	__________________
90	90	Governor