Texas 2017 - 85th Regular

Texas House Bill HB2405 Compare Versions

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1	1	85R6932 JAM-D
2	2	By: González of El Paso H.B. No. 2405
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the allocation of low income housing tax credits to
8	8	developments in certain areas designated as rural.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2306.6740, Government Code, is amended
11	11	to read as follows:
12	12	Sec. 2306.6740. DESIGNATION OF CERTAIN AREAS AS RURAL.
13	13	(a) The department by rule shall:
14	14	(1) provide for the designation by the department of
15	15	an area located within the boundaries of a primary metropolitan
16	16	statistical area or a metropolitan statistical area as a rural area
17	17	under Section 2306.6702(a)(12)(B) for purposes of receiving
18	18	housing tax credits administered by the department under this
19	19	subchapter; and
20	20	(2) designate the site of a proposed or existing
21	21	development as a rural area under Section 2306.6702(a)(12)(B) for
22	22	purposes of receiving housing tax credits allocated by the
23	23	department under Sections 2306.111(d-2) and (d-3) if the
24	24	development, before September 1, 2013, has been awarded or has
25	25	received financial assistance under Section 514, 515, or 516 of the
26	26	Housing Act of 1949 (42 U.S.C. Section 1484, 1485, or 1486).
27	27	(b) Rules adopted under this section must:
28	28	(1) provide procedures by which a political
29	29	subdivision or a census-designated place may apply for a rural
30	30	designation under Subsection (a)(1);
31	31	(2) provide guidelines for designating an area as
32	32	rural under Subsection (a)(1), including specifying:
33	33	(A) conditions under which a rural designation is
34	34	not appropriate, including the proximity of the area to or the
35	35	presence of major amenities commonly associated with urban or
36	36	suburban areas; and
37	37	(B) conditions under which a rural designation is
38	38	appropriate, including areas with low population density, the
39	39	proximity of the area to or the absence of major amenities commonly
40	40	associated with urban or suburban areas, a high level of
41	41	undeveloped land, a significant presence of unimproved roads, or
42	42	significant agricultural activity; and
43	43	(3) ensure that any housing tax credits allocated to a
44	44	designated rural area described by Subsection (a)(1) or (2) comply
45	45	with applicable federal requirements regarding that assistance.
46	46	(c) The department shall remove a rural area designation
47	47	under this section on receipt of a request submitted on behalf of
48	48	the affected political subdivision, census-designated place, or
49	49	development site, as applicable.
50	50	SECTION 2. Section 2306.111(d-4), Government Code, is
51	51	repealed.
52	52	SECTION 3. As soon as practicable after the effective date
53	53	of this Act, the Texas Department of Housing and Community Affairs
54	54	shall adopt rules to implement the changes in law made by this Act.
55	55	SECTION 4. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2017.