Texas 2019 - 86th Regular

Texas Senate Bill SB2250 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Johnson S.B. No. 2250
2		-	(In the Senate - Filed March 8, 2019; March 21, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 26, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 4, Nays 3;
6		-	April 26, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2250 By: Menéndez
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13		-	relating to ~~low income housing tax credits~~ administered by the
14		-	~~Texas~~ Department of Housing and Community Affairs.
	6	+	relating to financial assistance administered by the Texas
	7	+	Department of Housing and Community Affairs.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	SECTION 1. Section 2306.256, Government Code, is amended by
17		-	amending Subsection (b) and adding Subsection (c) to read as
	9	+	SECTION 1. Section 2306.256(b), Government Code, is amended
	10	+	by amending Subsection (b) and adding Subsection (c) to read as
18	11		follows:
19	12		(b) Through the program, the department shall:
20	13		(1) maintain data on housing projected to lose its
21	14		affordable status;
22	15		(2) develop policies necessary to ensure the
23	16		preservation of affordable housing in this state;
24	17		(3) advise other program areas with respect to the
25	18		policies; [and]
26	19		(4) assist those other program areas in implementing
27	20		the policies;
28	21		(5) create for developments that have received an
29	22		allocation of low income housing tax credits a comprehensive
30	23		preservation strategy that includes:
31		-	(A) the identification of developments ~~at risk of~~
32		-	~~withdrawing from the low income housing tax credit program~~ in the
33		-	~~next two years and five~~ years;
	24	+	(A) the identification of developments projected
	25	+	to lose their affordable status in the next two years and five
	26	+	years;
34	27		(B) a system for prioritizing developments for
35	28		preservation; and
36	29		(C) policy and funding strategies for preserving
37	30		developments prioritized under the system described by Paragraph
38	31		(B); and
39	32		(6) with respect to developments described by
40		-	Subdivision (5), adopt and implement an affirmative marketing
41		-	strategy for identifying and securing commitments from qualified
42		-	entities who will maintain affordable housing options in
	33	+	Subdivision (5), adopt and implement a proactive marketing strategy
	34	+	for identifying buyers who will maintain the affordability of
43	35		developments when the owner of the development applies for a
44	36		qualified contract or notifies the department under Section
45	37		2306.6726 of the owner's intent to sell the development.
46	38		(c) The department's marketing strategy under Subsection
47	39		(b)(6) must include a process for:
48		-	(1) ~~affirmatively~~ developing and maintaining a list of
	40	+	(1) proactively developing and maintaining a list of
49	41		qualified entities, as that term is defined in Section 2306.6726;
50	42		and
51	43		(2) contacting qualified entities, through a means
52	44		other than e-mail or general postings on the department's website,
53	45		to inform the entities of opportunities to purchase and preserve
54	46		affordable housing.
55	47		SECTION 2. Section 2306.6717(a), Government Code, is
56	48		amended to read as follows:
57	49		(a) Subject to Section 2306.67041, the department shall
58	50		make the following items available on the department's website:
59	51		(1) as soon as practicable, any proposed application
60	52		submitted through the preapplication process established by this
61	53		subchapter;
62	54		(2) before the 30th day preceding the date of the
63	55		relevant board allocation decision, except as provided by
64	56		Subdivision (3), the entire application, including all supporting
65	57		documents and exhibits, the application log, a scoring sheet
66	58		providing details of the application score, and any other document
67	59		relating to the processing of the application;
68	60		(3) not later than the third working day after the date
69	61		of the relevant determination, the results of each stage of the
70	62		application process, including the results of the application
71	63		scoring and underwriting phases and the allocation phase;
72	64		(4) before the 15th day preceding the date of board
73	65		action on the amendment, notice of an amendment under Section
74	66		2306.6712 and the recommendation of the director and monitor
75	67		regarding the amendment; [and]
76	68		(5) an appeal filed with the department or board under
77	69		Section 2306.0504 or 2306.6715 and any other document relating to
78	70		the processing of the appeal; and
79	71		(6) the land use restriction agreement, including any
80		-	amendments to the agreement, for each housing tax credit property
81		-	subject to such an agreement.
82		-	SECTION 3. Not later than January 15, 2020, the Texas
83		-	Department of Housing and Community Affairs shall adopt rules as
84		-	necessary to implement the changes in law made by this Act.
85		-	SECTION 4. The Texas Department of Housing and Community
86		-	Affairs is required to implement a provision of this Act only if the
87		-	legislature appropriates money specifically for that purpose. If
88		-	the legislature does not appropriate money specifically for that
89		-	purpose, the Texas Department of Housing and Community Affairs may,
90		-	but is not required to, implement a provision of this Act using
91		-	other appropriations available for that purpose.
92		-	SECTION 5. This Act takes effect September 1, 2019.
93		-	* * * * *
	72	+	amendments to the agreement, for each low income housing tax credit
	73	+	property subject to such an agreement.
	74	+	SECTION 3. This Act takes effect September 1, 2019.