88R3900 JG-F
By: Cortez, Wu H.B. No. 1757
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for applications for low income
housing tax credits for certain developments financed through the
private activity bond program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2306.67071, Government Code, is amended
by amending Subsections (b), (c), and (d) and adding Subsection (e)
to read as follows:
(b) A county with a population of 1.2 million or more or a
municipality with a population of 600,000 or more, as applicable,
shall hold a hearing at which public comment may be made on the
application.
(c) Except as provided by Subsection (e), the [The] board
may not approve an application for housing tax credits for
developments financed through the private activity bond program
unless the applicant has submitted to the department a certified
copy of a resolution from each applicable governing body described
by Subsection (a). The resolution must certify that:
(1) notice has been provided to each governing body as
required by Subsection (a);
(2) each governing body has had sufficient opportunity
to obtain a response from the applicant regarding any questions or
concerns about the proposed development;
(3) for a county or municipality described by
Subsection (b), the [each] governing body of the county or
municipality has held a hearing under that subsection [Subsection
(b)]; and
(4) after due consideration of the information
provided by the applicant and public comment, the governing body
does not object to the proposed application.
(d) Except as provided by Subsection (e), the [The]
department by rule may provide for the time and manner of the
submission to the department of a resolution required by Subsection
(c).
(e) The board may approve an application for housing tax
credits for developments financed through the private activity bond
program that will be located in a county or municipality described
by Subsection (b) if, before the 90th day after the date on which
all applicable governing bodies received notice of the application
under Subsection (a), the governing body does not:
(1) hold a hearing as required by Subsection (b); and
(2) pass a resolution described by Subsection (c) or
otherwise object to the application through an official decree.
SECTION 2. The change in law made by this Act applies only
to an application for low income housing tax credits that is
submitted to the Texas Department of Housing and Community Affairs
during an application cycle that is based on the 2024 qualified
allocation plan or a subsequent plan adopted by the governing board
of the department. An application that is submitted during an
application cycle that is based on an earlier qualified allocation
plan is governed by the law in effect on the date the application
cycle began, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.