| 1 | 1 | | 88R3900 JG-F |
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| 2 | 2 | | By: Cortez, Wu H.B. No. 1757 |
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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 the requirements for applications for low income |
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| 8 | 8 | | housing tax credits for certain developments financed through the |
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| 9 | 9 | | private activity bond program. |
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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 2306.67071, Government Code, is amended |
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| 12 | 12 | | by amending Subsections (b), (c), and (d) and adding Subsection (e) |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (b) A county with a population of 1.2 million or more or a |
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| 15 | 15 | | municipality with a population of 600,000 or more, as applicable, |
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| 16 | 16 | | shall hold a hearing at which public comment may be made on the |
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| 17 | 17 | | application. |
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| 18 | 18 | | (c) Except as provided by Subsection (e), the [The] board |
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| 19 | 19 | | may not approve an application for housing tax credits for |
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| 20 | 20 | | developments financed through the private activity bond program |
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| 21 | 21 | | unless the applicant has submitted to the department a certified |
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| 22 | 22 | | copy of a resolution from each applicable governing body described |
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| 23 | 23 | | by Subsection (a). The resolution must certify that: |
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| 24 | 24 | | (1) notice has been provided to each governing body as |
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| 25 | 25 | | required by Subsection (a); |
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| 26 | 26 | | (2) each governing body has had sufficient opportunity |
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| 27 | 27 | | to obtain a response from the applicant regarding any questions or |
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| 28 | 28 | | concerns about the proposed development; |
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| 29 | 29 | | (3) for a county or municipality described by |
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| 30 | 30 | | Subsection (b), the [each] governing body of the county or |
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| 31 | 31 | | municipality has held a hearing under that subsection [Subsection |
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| 32 | 32 | | (b)]; and |
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| 33 | 33 | | (4) after due consideration of the information |
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| 34 | 34 | | provided by the applicant and public comment, the governing body |
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| 35 | 35 | | does not object to the proposed application. |
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| 36 | 36 | | (d) Except as provided by Subsection (e), the [The] |
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| 37 | 37 | | department by rule may provide for the time and manner of the |
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| 38 | 38 | | submission to the department of a resolution required by Subsection |
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| 39 | 39 | | (c). |
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| 40 | 40 | | (e) The board may approve an application for housing tax |
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| 41 | 41 | | credits for developments financed through the private activity bond |
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| 42 | 42 | | program that will be located in a county or municipality described |
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| 43 | 43 | | by Subsection (b) if, before the 90th day after the date on which |
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| 44 | 44 | | all applicable governing bodies received notice of the application |
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| 45 | 45 | | under Subsection (a), the governing body does not: |
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| 46 | 46 | | (1) hold a hearing as required by Subsection (b); and |
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| 47 | 47 | | (2) pass a resolution described by Subsection (c) or |
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| 48 | 48 | | otherwise object to the application through an official decree. |
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| 49 | 49 | | SECTION 2. The change in law made by this Act applies only |
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| 50 | 50 | | to an application for low income housing tax credits that is |
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| 51 | 51 | | submitted to the Texas Department of Housing and Community Affairs |
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| 52 | 52 | | during an application cycle that is based on the 2024 qualified |
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| 53 | 53 | | allocation plan or a subsequent plan adopted by the governing board |
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| 54 | 54 | | of the department. An application that is submitted during an |
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| 55 | 55 | | application cycle that is based on an earlier qualified allocation |
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| 56 | 56 | | plan is governed by the law in effect on the date the application |
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| 57 | 57 | | cycle began, and the former law is continued in effect for that |
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| 58 | 58 | | purpose. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2023. |
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