| 1 | 1 | | 85R14152 JAM-D |
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| 2 | 2 | | By: Alvarado H.B. No. 3685 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the administration of the low income housing tax credit |
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| 8 | 8 | | program by the Texas Department of Housing and Community Affairs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2306.67022, Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 2306.67022. QUALIFIED ALLOCATION PLAN; MANUAL. (a) |
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| 13 | 13 | | At least biennially, the board shall adopt a qualified allocation |
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| 14 | 14 | | plan and a corresponding manual to provide information regarding |
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| 15 | 15 | | the administration of and eligibility for the low income housing |
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| 16 | 16 | | tax credit program. The board may adopt the plan and manual |
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| 17 | 17 | | annually, as considered appropriate by the board. |
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| 18 | 18 | | (b) The department shall ensure that a qualified allocation |
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| 19 | 19 | | plan adopted under this section complies with all federal and state |
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| 20 | 20 | | fair housing laws and may not implement a qualified allocation plan |
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| 21 | 21 | | or a component of that plan in a manner that does not comply with |
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| 22 | 22 | | those laws. |
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| 23 | 23 | | SECTION 2. Section 2306.6710(a), Government Code, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | (a) In evaluating an application, the department shall |
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| 26 | 26 | | determine whether the application satisfies the threshold criteria |
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| 27 | 27 | | required by the board in the qualified allocation plan. The |
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| 28 | 28 | | department shall reject and return to the applicant any application |
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| 29 | 29 | | that fails to satisfy the threshold criteria. On rejection and |
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| 30 | 30 | | return of an application under this subsection, the department |
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| 31 | 31 | | shall include an explanation of the reason the application fails to |
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| 32 | 32 | | satisfy the threshold criteria. |
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| 33 | 33 | | SECTION 3. The change in law made by this Act applies only |
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| 34 | 34 | | to an application for low income housing tax credits that is |
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| 35 | 35 | | submitted to the Texas Department of Housing and Community Affairs |
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| 36 | 36 | | during an application cycle that is based on the 2018 qualified |
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| 37 | 37 | | allocation plan or a subsequent plan adopted by the governing board |
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| 38 | 38 | | of the department. An application that is submitted during an |
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| 39 | 39 | | application cycle that is based on an earlier qualified allocation |
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| 40 | 40 | | plan is governed by the law in effect on the date the application |
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| 41 | 41 | | cycle began, and the former law is continued in effect for that |
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| 42 | 42 | | purpose. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2017. |
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