86R8921 JAM-F
By: Collier H.B. No. 1215
A BILL TO BE ENTITLED
AN ACT
relating to the allocation of low income housing tax credits.
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 may require as part of the threshold
criteria under a qualified allocation plan that a proposed
development satisfy certain criteria relating to educational
quality, as specified by the department in that plan.
(c) The department may not adopt a qualified allocation plan
that uses a scoring system that awards points to an application
based on criteria relating to the educational quality applicable to
a proposed development site.
(d) With respect to the 2019 application cycle, the board
shall ensure that the 2018 qualified allocation plan conforms to
the requirements of Subsections (b) and (c) and shall amend the plan
as necessary for that purpose. This subsection expires January 1,
2020.
SECTION 2. (a) Except as provided by Subsection (b) of this
section, 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 2020 qualified allocation
plan or a subsequent plan adopted by the governing board of the
department under Section 2306.67022, Government Code, as amended by
this Act. 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.
(b) The change in law made by this Act in adding Section
2306.67022(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 the 2019
application cycle.
SECTION 3. This Act takes effect September 1, 2019.