Texas 2011 - 82nd Regular

Texas House Bill HB741 Compare Versions

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1	1	82R4537 AJZ-D
2	2	By: Vo H.B. No. 741
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to criteria for financing certain multifamily housing
8	8	developments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2306.223, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 2306.223. CRITERIA FOR FINANCING HOUSING DEVELOPMENT
13	13	OF HOUSING SPONSOR. (a) Notwithstanding any other provision of
14	14	this chapter, the department may not finance a housing development
15	15	undertaken by a housing sponsor under this chapter, unless the
16	16	department first determines that:
17	17	(1) the housing development is necessary to provide
18	18	needed decent, safe, and sanitary housing at rentals or prices that
19	19	individuals or families of low and very low income or families of
20	20	moderate income can afford;
21	21	(2) the housing sponsor undertaking the proposed
22	22	housing development will supply well-planned and well-designed
23	23	housing for individuals or families of low and very low income or
24	24	families of moderate income;
25	25	(3) the housing sponsor is financially responsible;
26	26	(4) the housing sponsor is not, or will not enter into
27	27	a contract for the proposed housing development with, a housing
28	28	developer that:
29	29	(A) is on the department's debarred list,
30	30	including any parts of that list that are derived from the debarred
31	31	list of the United States Department of Housing and Urban
32	32	Development;
33	33	(B) breached a contract with a public agency; or
34	34	(C) misrepresented to a subcontractor the extent
35	35	to which the developer has benefited from contracts or financial
36	36	assistance that has been awarded by a public agency, including the
37	37	scope of the developer's participation in contracts with the agency
38	38	and the amount of financial assistance awarded to the developer by
39	39	the agency;
40	40	(5) the financing of the housing development is a
41	41	public purpose and will provide a public benefit; [and]
42	42	(6) the housing development will be undertaken within
43	43	the authority granted by this chapter to the housing finance
44	44	division and the housing sponsor; and
45	45	(7) for a general multifamily housing development that
46	46	will be located within the boundaries of a small school district and
47	47	consist only of new construction, the addition of the housing
48	48	development will not cause the total number of housing units within
49	49	such developments within the boundaries of the district to exceed
50	50	60 units per square mile.
51	51	(b) In this section:
52	52	(1) "General multifamily housing development" means a
53	53	multifamily housing development that will not primarily serve
54	54	elderly individuals.
55	55	(2) "Small school district" means a school district
56	56	that is 50 square miles or less in size.
57	57	SECTION 2. The change in law made by this Act in amending
58	58	Section 2306.223, Government Code, applies only to a multifamily
59	59	housing development for which the Texas Department of Housing and
60	60	Community Affairs first awards financing for new construction on or
61	61	after the effective date of this Act.
62	62	SECTION 3. This Act takes effect September 1, 2011.