87R11503 JAM-F
By: Johnson S.B. No. 1753
A BILL TO BE ENTITLED
AN ACT
relating to low income housing tax credits administered by the
Texas Department of Housing and Community Affairs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.256, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Through the program, the department shall:
(1) maintain data on housing projected to lose its
affordable status;
(2) develop policies necessary to ensure the
preservation of affordable housing in this state;
(3) advise other program areas with respect to the
policies; [and]
(4) assist those other program areas in implementing
the policies;
(5) create for developments that have received an
allocation of low income housing tax credits a comprehensive
preservation strategy that includes:
(A) the identification of developments at risk of
withdrawing from the low income housing tax credit program in the
next two years and five years;
(B) a system for prioritizing developments for
preservation; and
(C) policy and funding strategies for preserving
developments prioritized under the system described by Paragraph
(B); and
(6) with respect to developments described by
Subdivision (5), adopt and implement an affirmative marketing
strategy for identifying and securing commitments from qualified
entities who will maintain affordable housing options in
developments when the owner of the development applies for a
qualified contract or notifies the department under Section
2306.6726 of the owner's intent to sell the development.
(c) The department's marketing strategy under Subsection
(b)(6) must include a process for:
(1) affirmatively developing and maintaining a list of
qualified entities, as that term is defined in Section 2306.6726;
and
(2) contacting qualified entities, through a means
other than e-mail or general postings on the department's website,
to inform the entities of opportunities to purchase and preserve
affordable housing.
SECTION 2. Section 2306.6717(a), Government Code, is
amended to read as follows:
(a) Subject to Section 2306.67041, the department shall
make the following items available on the department's website:
(1) as soon as practicable, any proposed application
submitted through the preapplication process established by this
subchapter;
(2) before the 30th day preceding the date of the
relevant board allocation decision, except as provided by
Subdivision (3), the entire application, including all supporting
documents and exhibits, the application log, a scoring sheet
providing details of the application score, and any other document
relating to the processing of the application;
(3) not later than the third working day after the date
of the relevant determination, the results of each stage of the
application process, including the results of the application
scoring and underwriting phases and the allocation phase;
(4) before the 15th day preceding the date of board
action on the amendment, notice of an amendment under Section
2306.6712 and the recommendation of the director and monitor
regarding the amendment; [and]
(5) an appeal filed with the department or board under
Section 2306.0504 or 2306.6715 and any other document relating to
the processing of the appeal; and
(6) the land use restriction agreement, including any
amendments to the agreement, for each housing tax credit property
subject to such an agreement.
SECTION 3. Not later than January 15, 2022, the Texas
Department of Housing and Community Affairs shall adopt rules as
necessary to implement the changes in law made by this Act.
SECTION 4. The Texas Department of Housing and Community
Affairs is required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the Texas Department of Housing and Community Affairs may,
but is not required to, implement a provision of this Act using
other appropriations available for that purpose.
SECTION 5. This Act takes effect September 1, 2021.