| 4 | 6 | | AN ACT |
|---|
| 5 | 7 | | relating to a compliance history assessment made for purposes of |
|---|
| 6 | 8 | | allocating certain financial assistance administered by the Texas |
|---|
| 7 | 9 | | Department of Housing and Community Affairs. |
|---|
| 8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 9 | 11 | | SECTION 1. Section 2306.057, Government Code, is amended by |
|---|
| 10 | 12 | | amending Subsection (c) and adding Subsection (e) to read as |
|---|
| 11 | 13 | | follows: |
|---|
| 12 | 14 | | (c) The board shall fully document and disclose any |
|---|
| 13 | 15 | | instances in which the board approves a project application despite |
|---|
| 14 | 16 | | any noncompliance associated with the project, applicant, or |
|---|
| 15 | 17 | | affiliate that is reported by the department under Subsection |
|---|
| 16 | 18 | | (a)(2). |
|---|
| 17 | 19 | | (e) For a project application seeking financial assistance |
|---|
| 18 | 20 | | administered through the department's multifamily housing |
|---|
| 19 | 21 | | programs, the department may not include in the report provided |
|---|
| 20 | 22 | | under Subsection (a)(2) any instance of noncompliance associated |
|---|
| 21 | 23 | | with a project of the applicant or affiliate of the applicant if the |
|---|
| 22 | 24 | | applicant or affiliate has submitted documentation, in a format |
|---|
| 23 | 25 | | acceptable to the department, demonstrating that the |
|---|
| 24 | 26 | | responsibility for project compliance was delegated to another |
|---|
| 25 | 27 | | participant in the project, including, if applicable, a related |
|---|
| 26 | 28 | | party as defined by Section 2306.6702. |
|---|
| 27 | 29 | | SECTION 2. The change in law made by this Act in amending |
|---|
| 28 | 30 | | Section 2306.057, Government Code, applies only to an application |
|---|
| 29 | 31 | | for financial assistance that is submitted to the Texas Department |
|---|
| 30 | 32 | | of Housing and Community Affairs on or after January 1, 2022. An |
|---|
| 31 | 33 | | application for financial assistance that is submitted to the |
|---|
| 32 | 34 | | department before January 1, 2022, is governed by the law in effect |
|---|
| 33 | 35 | | immediately before the effective date of this Act, and the former |
|---|
| 34 | 36 | | law is continued in effect for that purpose. |
|---|
| 35 | 37 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|
| 36 | | - | ______________________________ ______________________________ |
|---|
| 37 | | - | President of the Senate Speaker of the House |
|---|
| 38 | | - | I hereby certify that S.B. No. 2046 passed the Senate on |
|---|
| 39 | | - | May 5, 2021, by the following vote: Yeas 31, Nays 0. |
|---|
| 40 | | - | ______________________________ |
|---|
| 41 | | - | Secretary of the Senate |
|---|
| 42 | | - | I hereby certify that S.B. No. 2046 passed the House on |
|---|
| 43 | | - | May 24, 2021, by the following vote: Yeas 93, Nays 52, one |
|---|
| 44 | | - | present not voting. |
|---|
| 45 | | - | ______________________________ |
|---|
| 46 | | - | Chief Clerk of the House |
|---|
| 47 | | - | Approved: |
|---|
| 48 | | - | ______________________________ |
|---|
| 49 | | - | Date |
|---|
| 50 | | - | ______________________________ |
|---|
| 51 | | - | Governor |
|---|