H.B. No. 1215
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) This subsection and Subsections (b) and (c) expire
September 1, 2021.
SECTION 2. (a) The Texas Department of Housing and
Community Affairs shall conduct a study of the effects that the
implementation of Sections 2306.67022(b) and (c), Government Code,
as added by this Act, has on the allocation of low income housing
tax credits in this state.
(b) Not later than January 1, 2021, the Texas Department of
Housing and Community Affairs shall submit to the governor, the
lieutenant governor, the speaker of the house of representatives,
and each standing committee of the legislature with jurisdiction
over affordable housing a report regarding the study required by
Subsection (a) of this section.
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 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.
SECTION 4. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1215 was passed by the House on May 8,
2019, by the following vote: Yeas 132, Nays 12, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1215 on May 24, 2019, by the following vote: Yeas 139, Nays 4,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1215 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor