81R4352 JAM-D By: Lucio S.B. No. 991 A BILL TO BE ENTITLED AN ACT relating to the allocation of housing tax credits to developments in rural areas under the low income housing tax credit program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2306.67022, Government Code, is amended to read as follows: Sec. 2306.67022. QUALIFIED ALLOCATION PLAN; MANUAL. (a) The board annually shall adopt a qualified allocation plan and a corresponding manual to provide information regarding the administration of and eligibility for the low income housing tax credit program. (b) The board shall adopt any provisions in the qualified allocation plan that the board considers necessary to facilitate the efficient delivery of multifamily housing to rural areas in this state. SECTION 2. Section 2306.6723(b), Government Code, is amended to read as follows: (b) The rural development agency shall assist in developing all threshold, scoring, and underwriting criteria applied to applications eligible for the rural area set-aside. The criteria must be approved by that agency. To the extent permitted by federal law and notwithstanding any funding priorities otherwise provided by state law, the threshold, scoring, and underwriting criteria developed and approved under this section must ensure that applications for allocations of housing tax credits to small-scale developments located in rural areas are not placed, based solely on the size of the proposed developments, at a competitive disadvantage with applications for allocations of housing tax credits to other developments located in those areas. For purposes of this subsection, "small-scale development" means a development with fewer than 33 units. SECTION 3. The changes in law made by this Act apply only to an application cycle that begins on or after the effective date of this Act. An application cycle that begins before the effective date of this Act is governed by the law in effect when the application cycle began, and the former law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2009.