Texas 2013 - 83rd Regular

Texas House Bill HB3779 Compare Versions

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Old	New	Differences
1	1	83R22024 JAM-D
2	2	By: Isaac H.B. No. 3779
3	3	Substitute the following for H.B. No. 3779:
4	4	By: Dutton C.S.H.B. No. 3779
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to affordable housing.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter F, Chapter 2306, Government Code, is
12	12	amended by adding Section 2306.1116 to read as follows:
13	13	Sec. 2306.1116. NOTICE TO LOCAL GOVERNMENTS REQUIRED FOR
14	14	CERTAIN APPLICATIONS FOR FINANCIAL ASSISTANCE; HEARING AND
15	15	CERTIFICATION REQUIRED. (a) Not later than the 60th day before the
16	16	date an application for financial assistance for the construction
17	17	or rehabilitation of affordable rental housing is submitted to the
18	18	department, the applicant must provide notice of intent to file the
19	19	application to:
20	20	(1) the municipality in which any part of the proposed
21	21	development is to be located;
22	22	(2) the county in which any part of the proposed
23	23	development is to be located if that part will not be located in a
24	24	municipality; and
25	25	(3) the municipality and county in which the proposed
26	26	development is to be located if any part of the development is to be
27	27	located in the extraterritorial jurisdiction of a municipality.
28	28	(b) Not later than the 30th day after the date of receipt of
29	29	notice under Subsection (a), a county or municipality, as
30	30	applicable, shall provide for public comment on the proposed
31	31	application at a hearing held in compliance with Chapter 551.
32	32	(c) An application for financial assistance from the
33	33	department for the construction or rehabilitation of affordable
34	34	rental housing must be accompanied by a certified copy of a
35	35	resolution from each governing body that received notice under
36	36	Subsection (a). The resolution must certify that:
37	37	(1) notice has been provided to the governing body as
38	38	required by Subsection (a);
39	39	(2) the governing body has had sufficient opportunity
40	40	to obtain a response from the applicant regarding any questions or
41	41	concerns about the proposed development;
42	42	(3) the governing body has held a hearing under
43	43	Subsection (b); and
44	44	(4) after due consideration of the information
45	45	provided by the applicant and public comment, the governing body
46	46	does not object to the filing of the proposed application.
47	47	(d) A preapplication submitted under Section 2306.6704 is
48	48	not considered an application for purposes of this section.
49	49	SECTION 2. Section 11.182, Tax Code, is amended by adding
50	50	Subsection (h-1) to read as follows:
51	51	(h-1) Money received by a school district from a payment in
52	52	lieu of taxes made under Subsection (h)(1)(A) is subject to the same
53	53	limitations and restrictions as ad valorem tax revenue received by
54	54	the district.
55	55	SECTION 3. The change in law made by this Act in adding
56	56	Section 2306.1116, Government Code, applies only to an application
57	57	for financial assistance that is submitted to the Texas Department
58	58	of Housing and Community Affairs during an application cycle that
59	59	begins on or after the effective date of this Act. An application
60	60	for financial assistance that is submitted during an application
61	61	cycle that began before the effective date of this Act is governed
62	62	by the law in effect at the time the application cycle began, and
63	63	the former law is continued in effect for that purpose.
64	64	SECTION 4. This Act takes effect September 1, 2013.