| 1 | 1 | | 87S20065 SMT-D |
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| 2 | 2 | | By: Murphy H.B. No. 94 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements for beneficial tax treatment related to a |
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| 8 | 8 | | leasehold or other possessory interest in a public facility being |
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| 9 | 9 | | developed or used to provide multifamily housing. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 303.042(f), Local Government Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | (f) Notwithstanding Subsections (a) and (b) and except as |
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| 14 | 14 | | provided by Section 303.0425, during the period of time that a |
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| 15 | 15 | | corporation owns a particular public facility, a leasehold or other |
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| 16 | 16 | | possessory interest in the real property of the public facility |
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| 17 | 17 | | granted by the corporation shall be treated in the same manner as a |
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| 18 | 18 | | leasehold or other possessory interest in real property granted by |
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| 19 | 19 | | an authority under Section 379B.011(b). |
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| 20 | 20 | | SECTION 2. Subchapter B, Chapter 303, Local Government |
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| 21 | 21 | | Code, is amended by adding Section 303.0425 to read as follows: |
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| 22 | 22 | | Sec. 303.0425. REQUIREMENTS FOR BENEFICIAL TAX TREATMENT |
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| 23 | 23 | | RELATING TO CERTAIN PUBLIC FACILITIES. (a) In this section: |
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| 24 | 24 | | (1) "Housing choice voucher program" means the housing |
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| 25 | 25 | | choice voucher program under Section 8, United States Housing Act |
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| 26 | 26 | | of 1937 (42 U.S.C. Section 1437f). |
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| 27 | 27 | | (2) "Housing facility" means a public facility being |
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| 28 | 28 | | developed or used to provide multifamily housing. |
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| 29 | 29 | | (3) "Housing facility user" means a private developer |
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| 30 | 30 | | or other private entity that has a leasehold or other possessory |
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| 31 | 31 | | interest in a housing facility. |
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| 32 | 32 | | (b) Section 303.042(f) applies to a leasehold or other |
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| 33 | 33 | | possessory interest in a housing facility granted to a housing |
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| 34 | 34 | | facility user only if the housing facility user meets the |
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| 35 | 35 | | requirements of this section. |
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| 36 | 36 | | (c) Section 303.042(f) does not apply to ad valorem taxes |
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| 37 | 37 | | imposed by a school district on a leasehold or other possessory |
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| 38 | 38 | | interest in a housing facility granted to a housing facility user. |
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| 39 | 39 | | (d) A housing facility user may not: |
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| 40 | 40 | | (1) refuse to rent a residential unit in the housing |
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| 41 | 41 | | facility to an individual or family because the individual or |
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| 42 | 42 | | family participates in the housing choice voucher program; or |
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| 43 | 43 | | (2) use a financial or minimum income standard that |
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| 44 | 44 | | requires an individual or family participating in the housing |
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| 45 | 45 | | choice voucher program to have a monthly income of more than 250 |
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| 46 | 46 | | percent of the individual's or family's share of the total monthly |
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| 47 | 47 | | rent payable for a residential unit. |
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| 48 | 48 | | SECTION 3. Section 303.0425, Local Government Code, as |
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| 49 | 49 | | added by this Act, applies only to a leasehold or other possessory |
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| 50 | 50 | | interest in a housing facility granted by a public facility |
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| 51 | 51 | | corporation to a housing facility user on or after the effective |
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| 52 | 52 | | date of this Act. |
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| 53 | 53 | | SECTION 4. This Act takes effect on the 91st day after the |
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| 54 | 54 | | last day of the legislative session. |
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