| 1 | 1 | | 88R9837 JG-D |
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| 2 | 2 | | By: Garcia H.B. No. 2228 |
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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 allocation of housing tax credits to developments |
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| 8 | 8 | | within proximate geographical areas. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2306.6711, Government Code, is amended |
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| 11 | 11 | | by amending Subsection (f) and adding Subsections (f-2) and (f-3) |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (f) Except as provided by Subsections [Subsection] (f-1) |
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| 14 | 14 | | and (f-2), the board may allocate housing tax credits to more than |
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| 15 | 15 | | one development in a single community, as defined by department |
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| 16 | 16 | | rule, in the same calendar year only if the developments are or will |
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| 17 | 17 | | be located more than two linear miles apart. This subsection |
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| 18 | 18 | | applies only to communities contained within counties with |
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| 19 | 19 | | populations exceeding one million. |
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| 20 | 20 | | (f-2) The board may allocate housing tax credits to more |
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| 21 | 21 | | than one development in a single community if: |
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| 22 | 22 | | (1) each development scores above average on the |
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| 23 | 23 | | opportunity index under department rule based on the average |
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| 24 | 24 | | opportunity index score for developments that were allocated |
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| 25 | 25 | | housing tax credits in the preceding year; or |
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| 26 | 26 | | (2) at least one of the developments will be located |
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| 27 | 27 | | wholly within a census tract in which the median value of |
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| 28 | 28 | | owner-occupied homes has increased by 15 percent or more within the |
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| 29 | 29 | | five years preceding the date of the application, and: |
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| 30 | 30 | | (A) the governing body of the municipality |
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| 31 | 31 | | containing the development or, if located outside a municipality, |
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| 32 | 32 | | the county containing the development adopts a resolution that |
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| 33 | 33 | | references this section and authorizes an allocation of housing tax |
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| 34 | 34 | | credits for the development; and |
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| 35 | 35 | | (B) the applicant for the development includes in |
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| 36 | 36 | | the application a copy of the resolution described by Paragraph |
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| 37 | 37 | | (A). |
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| 38 | 38 | | (f-3) Not later than the first week of each year, the |
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| 39 | 39 | | department shall prepare and publish on the department's Internet |
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| 40 | 40 | | website the average opportunity index score for developments that |
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| 41 | 41 | | were allocated housing tax credits during the preceding year. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to an application for low income housing tax credits that is |
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| 44 | 44 | | submitted to the Texas Department of Housing and Community Affairs |
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| 45 | 45 | | during an application cycle that is based on the 2024 qualified |
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| 46 | 46 | | allocation plan or a subsequent plan adopted by the governing board |
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| 47 | 47 | | of the department. An application that is submitted during an |
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| 48 | 48 | | application cycle that is based on an earlier qualified allocation |
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| 49 | 49 | | plan is governed by the law in effect on the date the application |
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| 50 | 50 | | cycle began, and the former law is continued in effect for that |
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| 51 | 51 | | purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2023. |
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