Texas 2023 - 88th Regular

Texas House Bill HB1634 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R5975 AMF-D
2	2	By: Walle, Garcia, Gates H.B. No. 1634
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requirements for beneficial tax treatment related to a
8	8	leasehold or other possessory interest in a public facility used to
9	9	provide multifamily housing.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 303.042(f), Local Government Code, is
12	12	amended to read as follows:
13	13	(f) Notwithstanding Subsections (a) and (b), during the
14	14	period of time that a corporation owns a particular public
15	15	facility, a leasehold or other possessory interest in the real
16	16	property of the public facility granted by the corporation shall
17	17	be treated in the same manner as a leasehold or other possessory
18	18	interest in real property granted by an authority under Section
19	19	379B.011(b) if the requirements under Section 303.0425 are met.
20	20	SECTION 2. Subchapter B, Chapter 303, Local Government
21	21	Code, is amended by adding Section 303.0425 to read as follows:
22	22	Sec. 303.0425. REQUIREMENTS FOR BENEFICIAL TAX TREATMENT
23	23	RELATING TO CERTAIN PUBLIC FACILITIES. (a) In this section:
24	24	(1) "Developer" means a private entity that constructs
25	25	or rehabilitates a development.
26	26	(2) "Housing choice voucher program" means the housing
27	27	choice voucher program under Section 8, United States Housing Act
28	28	of 1937 (42 U.S.C. Section 1437f).
29	29	(3) "Housing development" means a development
30	30	constructed or rehabilitated to provide multifamily housing.
31	31	(4) "Public facility user" means a developer or other
32	32	private entity that has a leasehold or other possessory interest in
33	33	a public facility used to provide multifamily housing.
34	34	(b) Section 303.042(f) applies to a leasehold or other
35	35	possessory interest in a public facility only if the public
36	36	facility user meets the requirements of this section. The
37	37	requirements prescribed by this section apply only to the
38	38	application of taxes related to a leasehold or other possessory
39	39	interest in a public facility under Section 303.042(f) and do not
40	40	restrict the authority of a corporation to lease a public facility
41	41	to a private entity under terms other than the terms described by
42	42	this section.
43	43	(c) A public facility user may not:
44	44	(1) refuse to rent a residential unit in a housing
45	45	development to an individual or family because the individual or
46	46	family participates in the housing choice voucher program; or
47	47	(2) use a financial or minimum income standard that
48	48	requires an individual or family participating in the housing
49	49	choice voucher program to have a monthly income of more than 250
50	50	percent of the individual's or family's share of the total monthly
51	51	rent payable for a residential unit.
52	52	SECTION 3. Section 303.0425, Local Government Code, as
53	53	added by this Act, applies only to a leasehold or other possessory
54	54	interest in a public facility granted by a public facility
55	55	corporation to a public facility user, as defined by that section,
56	56	on or after the effective date of this Act.
57	57	SECTION 4. This Act takes effect September 1, 2023.