Texas 2021 - 87th Regular

Texas House Bill HB1558 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1558
	1	+	By: Button, Bowers, Neave H.B. No. 1558
	2	+	(Senate Sponsor - Johnson)
	3	+	(In the Senate - Received from the House April 26, 2021;
	4	+	May 6, 2021, read first time and referred to Committee on Local
	5	+	Government; May 22, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	7	+	May 22, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1558 By: Menéndez
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the system by which an application for a low income
6	15		housing tax credit is scored.
7	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	17		SECTION 1. Section 2306.6710(b), Government Code, is
9	18		amended to read as follows:
10	19		(b) If an application satisfies the threshold criteria, the
11	20		department shall score and rank the application using a point
12	21		system that:
13	22		(1) prioritizes in descending order criteria
14	23		regarding:
15	24		(A) financial feasibility of the development
16	25		based on the supporting financial data required in the application
17	26		that will include a project underwriting pro forma from the
18	27		permanent or construction lender;
19	28		(B) quantifiable community participation with
20	29		respect to the development, evaluated on the basis of a resolution
21	30		concerning the development that is voted on and adopted by the
22	31		following, as applicable:
23	32		(i) the governing body of a municipality in
24	33		which the proposed development site is to be located;
25	34		(ii) subject to Subparagraph (iii), the
26	35		commissioners court of a county in which the proposed development
27	36		site is to be located, if the proposed site is to be located in an
28	37		area of a county that is not part of a municipality; or
29	38		(iii) the commissioners court of a county
30	39		in which the proposed development site is to be located and the
31	40		governing body of the applicable municipality, if the proposed site
32	41		is to be located in the extraterritorial jurisdiction of a
33	42		municipality;
34	43		(C) the income levels of tenants of the
35	44		development;
36	45		(D) the size and quality of the units;
37	46		(E) the rent levels of the units;
38	47		(F) the cost of the development by square foot;
39	48		(G) the services to be provided to tenants of the
40	49		development;
41	50		(H) whether, at the time the complete application
42	51		is submitted or at any time within the two-year period preceding the
43	52		date of submission, the proposed development site is located in an
44	53		area declared to be a disaster under Section 418.014;
45	54		(I) quantifiable community participation with
46	55		respect to the development, evaluated on the basis of written
47	56		statements from any neighborhood organizations on record with the
48	57		state or county in which the development is to be located and whose
49	58		boundaries contain the proposed development site; and
50	59		(J) the level of community support for the
51	60		application, evaluated on the basis of a written statement from the
52	61		state representative who represents the district containing the
53	62		proposed development site;
54	63		(2) uses criteria imposing penalties on applicants or
55	64		affiliates who have requested extensions of department deadlines
56	65		relating to developments supported by housing tax credit
57	66		allocations made in the application round preceding the current
58	67		round or a developer or principal of the applicant that has been
59	68		removed by the lender, equity provider, or limited partners for its
60	69		failure to perform its obligations under the loan documents or
61	70		limited partnership agreement; [and]
62	71		(3) encourages applicants to provide free notary
63	72		public service to the residents of the developments for which the
64	73		allocation of housing tax credits is requested; and
65	74		(4) for an application concerning a development that
66	75		is or will be located in a county with a population of 1 million or
67	76		more but less than 4 million and that is or will be located not more
68	77		than two miles from a veterans hospital, veterans affairs medical
69	78		center, or veterans affairs health care center, encourages
70	79		applicants to provide a preference for leasing units in the
71	80		development to low income veterans.
72	81		SECTION 2. The change in law made by this Act applies only
73	82		to an application for low income housing tax credits that is
74	83		submitted to the Texas Department of Housing and Community Affairs
75	84		during an application cycle that is based on the 2022 qualified
76	85		allocation plan or a subsequent plan adopted by the governing board
77	86		of the department. An application that is submitted during an
78	87		application cycle that is based on an earlier qualified allocation
79	88		plan is governed by the law in effect on the date the application
80	89		cycle began, and the former law is continued in effect for that
81	90		purpose.
82	91		SECTION 3. This Act takes effect September 1, 2021.
83		-	______________________________ ______________________________
84		-	President of the Senate Speaker of the House
85		-	I certify that H.B. No. 1558 was passed by the House on April
86		-	23, 2021, by the following vote: Yeas 122, Nays 24, 2 present, not
87		-	voting; and that the House concurred in Senate amendments to H.B.
88		-	No. 1558 on May 28, 2021, by the following vote: Yeas 100, Nays 44,
89		-	1 present, not voting.
90		-	______________________________
91		-	Chief Clerk of the House
92		-	I certify that H.B. No. 1558 was passed by the Senate, with
93		-	amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
94		-	1.
95		-	______________________________
96		-	Secretary of the Senate
97		-	APPROVED: __________________
98		-	Date
99		-	__________________
100		-	Governor
	92	+	* * * * *