85R14152 JAM-D
By: Alvarado H.B. No. 3685
A BILL TO BE ENTITLED
AN ACT
relating to the administration of the low income housing tax credit
program by the Texas Department of Housing and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.67022, Government Code, is amended
to read as follows:
Sec. 2306.67022. QUALIFIED ALLOCATION PLAN; MANUAL. (a)
At least biennially, the board shall adopt a qualified allocation
plan and a corresponding manual to provide information regarding
the administration of and eligibility for the low income housing
tax credit program. The board may adopt the plan and manual
annually, as considered appropriate by the board.
(b) The department shall ensure that a qualified allocation
plan adopted under this section complies with all federal and state
fair housing laws and may not implement a qualified allocation plan
or a component of that plan in a manner that does not comply with
those laws.
SECTION 2. Section 2306.6710(a), Government Code, is
amended to read as follows:
(a) In evaluating an application, the department shall
determine whether the application satisfies the threshold criteria
required by the board in the qualified allocation plan. The
department shall reject and return to the applicant any application
that fails to satisfy the threshold criteria. On rejection and
return of an application under this subsection, the department
shall include an explanation of the reason the application fails to
satisfy the threshold criteria.
SECTION 3. The change in law made by this Act 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 is based on the 2018 qualified
allocation plan or a subsequent plan adopted by the governing board
of the department. An application that is submitted during an
application cycle that is based on an earlier qualified allocation
plan 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.
SECTION 4. This Act takes effect September 1, 2017.