84R26353 KJE-D
By: Alvarado H.B. No. 3311
Substitute the following for H.B. No. 3311:
By: Bernal C.S.H.B. No. 3311
A BILL TO BE ENTITLED
AN ACT
relating to the scoring criteria for an application for a low income
housing tax credit and the allocation of those credits to
developments reserved for elderly persons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.6711, Government Code, is amended
by adding Subsections (h) and (i) to read as follows:
(h) Notwithstanding Section 2306.6710(d), and except as
necessary to comply with the nonprofit set-aside required by
Section 42(h)(5), Internal Revenue Code of 1986 (26 U.S.C. Section
42(h)(5)), the board may not allocate to developments reserved for
elderly persons and located in an urban subregion of a uniform state
service region a percentage of the available housing tax credits
allocated to developments located in that subregion that is greater
than the percentage that results from the following formula, unless
there are no other qualified applicants in that region:
MP = [(LEH - ERU)/(TLH - TEU)] X 100
where:
"MP" is the maximum percentage of the available housing tax
credits allocated to developments in the subregion that may be
allocated to developments reserved for elderly persons;
"LEH" is the number of low income elderly households in the
subregion;
"ERU" is the number of existing units reserved for elderly
persons in developments located in the subregion that already
receive housing tax credits;
"TLH" is the total number of low income households in the
subregion; and
"TEU" is the total number of existing units in developments
located in the subregion that already receive housing tax credits.
(i) Subsection (h) applies only to a uniform state service
region that contains a county with a population of more than one
million.
SECTION 2. Section 2306.6725(d), Government Code, is
amended to read as follows:
(d) For each scoring criterion, the department shall use a
range of points to evaluate the degree to which a proposed project
satisfies the criterion. The department may not award:
(1) a number of points for a scoring criterion that is
disproportionate to the degree to which a proposed project complies
with that criterion; or
(2) to a proposed project for the general population a
number of points for a scoring criterion that is different than the
number of points awarded for that criterion to a proposed project
reserved for elderly persons if the proposed projects comply with
the criterion to the same degree.
SECTION 3. (a) The change in law made by this Act to
Section 2306.6711, Government Code, applies only to the allocation
of low income housing tax credits for an application cycle that
begins on or after the effective date of this Act. The allocation
of low income housing tax credits for an application cycle that
begins before the effective date of this Act is governed by the law
in effect on the date the application cycle began, and the former
law is continued in effect for that purpose.
(b) The change in law made by this Act to Section
2306.6725(d), Government Code, applies only to an application for
low income housing tax credits that is submitted to the Texas
Department of Housing and Community Affairs during an application
cycle that begins on or after the effective date of this Act. An
application that is submitted during an application cycle that
began before the effective date of this Act is governed by the law
in effect at the time the application cycle began, and the former
law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.