Texas 2021 - 87th Regular

Texas Senate Bill SB1753 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R11503 JAM-F
2	2	By: Johnson S.B. No. 1753
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to low income housing tax credits administered by the
8	8	Texas Department of Housing and Community Affairs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2306.256, Government Code, is amended by
11	11	amending Subsection (b) and adding Subsection (c) to read as
12	12	follows:
13	13	(b) Through the program, the department shall:
14	14	(1) maintain data on housing projected to lose its
15	15	affordable status;
16	16	(2) develop policies necessary to ensure the
17	17	preservation of affordable housing in this state;
18	18	(3) advise other program areas with respect to the
19	19	policies; [and]
20	20	(4) assist those other program areas in implementing
21	21	the policies;
22	22	(5) create for developments that have received an
23	23	allocation of low income housing tax credits a comprehensive
24	24	preservation strategy that includes:
25	25	(A) the identification of developments at risk of
26	26	withdrawing from the low income housing tax credit program in the
27	27	next two years and five years;
28	28	(B) a system for prioritizing developments for
29	29	preservation; and
30	30	(C) policy and funding strategies for preserving
31	31	developments prioritized under the system described by Paragraph
32	32	(B); and
33	33	(6) with respect to developments described by
34	34	Subdivision (5), adopt and implement an affirmative marketing
35	35	strategy for identifying and securing commitments from qualified
36	36	entities who will maintain affordable housing options in
37	37	developments when the owner of the development applies for a
38	38	qualified contract or notifies the department under Section
39	39	2306.6726 of the owner's intent to sell the development.
40	40	(c) The department's marketing strategy under Subsection
41	41	(b)(6) must include a process for:
42	42	(1) affirmatively developing and maintaining a list of
43	43	qualified entities, as that term is defined in Section 2306.6726;
44	44	and
45	45	(2) contacting qualified entities, through a means
46	46	other than e-mail or general postings on the department's website,
47	47	to inform the entities of opportunities to purchase and preserve
48	48	affordable housing.
49	49	SECTION 2. Section 2306.6717(a), Government Code, is
50	50	amended to read as follows:
51	51	(a) Subject to Section 2306.67041, the department shall
52	52	make the following items available on the department's website:
53	53	(1) as soon as practicable, any proposed application
54	54	submitted through the preapplication process established by this
55	55	subchapter;
56	56	(2) before the 30th day preceding the date of the
57	57	relevant board allocation decision, except as provided by
58	58	Subdivision (3), the entire application, including all supporting
59	59	documents and exhibits, the application log, a scoring sheet
60	60	providing details of the application score, and any other document
61	61	relating to the processing of the application;
62	62	(3) not later than the third working day after the date
63	63	of the relevant determination, the results of each stage of the
64	64	application process, including the results of the application
65	65	scoring and underwriting phases and the allocation phase;
66	66	(4) before the 15th day preceding the date of board
67	67	action on the amendment, notice of an amendment under Section
68	68	2306.6712 and the recommendation of the director and monitor
69	69	regarding the amendment; [and]
70	70	(5) an appeal filed with the department or board under
71	71	Section 2306.0504 or 2306.6715 and any other document relating to
72	72	the processing of the appeal; and
73	73	(6) the land use restriction agreement, including any
74	74	amendments to the agreement, for each housing tax credit property
75	75	subject to such an agreement.
76	76	SECTION 3. Not later than January 15, 2022, the Texas
77	77	Department of Housing and Community Affairs shall adopt rules as
78	78	necessary to implement the changes in law made by this Act.
79	79	SECTION 4. The Texas Department of Housing and Community
80	80	Affairs is required to implement a provision of this Act only if the
81	81	legislature appropriates money specifically for that purpose. If
82	82	the legislature does not appropriate money specifically for that
83	83	purpose, the Texas Department of Housing and Community Affairs may,
84	84	but is not required to, implement a provision of this Act using
85	85	other appropriations available for that purpose.
86	86	SECTION 5. This Act takes effect September 1, 2021.