87R5927 JAM-D
By: Murphy H.B. No. 1604
A BILL TO BE ENTITLED
AN ACT
relating to requirements for beneficial tax treatment related to a
leasehold or other possessory interest in a public facility used to
provide affordable housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 303.042, Local Government Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) An exemption under this section for a multifamily
residential development which is owned by a public facility
corporation created by a housing authority under this chapter and
which does not have at least 20 percent of its units reserved for
public housing units, applies only if:
(1) the housing authority holds a public hearing, at a
regular meeting of the authority's governing body, to approve the
development; [and]
(2) a resolution approving the development is adopted
by the governing body of each governmental unit authorized by law to
impose taxes on the property containing the development; and
(3) at least:
(A) 50 percent of the units in the multifamily
residential development are reserved for occupancy by individuals
and families earning less than 80 percent of the area median family
income;
(B) 12.5 percent of the units in the multifamily
residential development are reserved for occupancy by individuals
and families earning less than 60 percent of the area median family
income; and
(C) 12.5 percent of the units in the multifamily
residential development are reserved for occupancy by individuals
and families earning less than 30 percent of the area median family
income.
(d-1) The operator of a multifamily residential development
described by Subjection (d) may not base any refusal to rent a unit
to an individual or family on the individual's or family's
participation in the federal Section 8 Housing Choice Voucher
Program.
SECTION 2. The change in law made by Section 303.042(d),
Local Government Code, as amended by this Act, applies only to a
multifamily residential development that is approved by a housing
authority on or after the effective date of this Act. A multifamily
residential development that is approved by a housing authority
before the effective date of this Act is governed by the law in
effect on the date the development was approved, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.