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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 application requirements for low income housing tax |
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| 8 | 8 | | credits for developments financed through the private activity bond |
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| 9 | 9 | | program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 2306.67071(a), Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (a) Before submitting to the department an application for |
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| 14 | 14 | | housing tax credits for developments financed through the private |
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| 15 | 15 | | activity bond program, including private activity bonds issued by |
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| 16 | 16 | | the department, the Texas State Affordable Housing Corporation, or |
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| 17 | 17 | | a local issuer, an applicant must provide notice of the intent to |
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| 18 | 18 | | file the application to: |
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| 19 | 19 | | (1) the governing body of a municipality in which the |
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| 20 | 20 | | proposed development site is to be located; |
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| 21 | 21 | | (2) subject to Subdivision (3), the commissioners |
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| 22 | 22 | | court of a county in which the proposed development site is to be |
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| 23 | 23 | | located, if the proposed site is to be located in an area of a county |
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| 24 | 24 | | that is not part of a municipality; or |
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| 25 | 25 | | (3) the commissioners court of a county in which the |
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| 26 | 26 | | proposed development site is to be located and the governing body of |
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| 27 | 27 | | the applicable municipality, if the proposed site is to be located |
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| 28 | 28 | | in the extraterritorial jurisdiction of a municipality with a |
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| 29 | 29 | | population of less than two million. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to an application for low income housing tax credits that is |
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| 32 | 32 | | submitted to the Texas Department of Housing and Community Affairs |
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| 33 | 33 | | during an application cycle that is based on the 2020 qualified |
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| 34 | 34 | | allocation plan or a subsequent plan adopted by the governing board |
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| 35 | 35 | | of the department. An application that is submitted during an |
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| 36 | 36 | | application cycle that is based on an earlier qualified allocation |
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| 37 | 37 | | plan is governed by the law in effect on the date the application |
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| 38 | 38 | | cycle began, and the former law is continued in effect for that |
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| 39 | 39 | | purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2019. |
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