88R12019 JAM-D
By: Swanson, Schofield, Oliverson, Cain, H.B. No. 2856
Lozano
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for applications for low income
housing tax credits for developments financed through the private
activity bond program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2306.67071, Government
Code, is amended to read as follows:
Sec. 2306.67071. ADDITIONAL APPLICATION REQUIREMENT:
DEVELOPMENTS FINANCED THROUGH PRIVATE ACTIVITY BOND PROGRAM
[NOTICE, HEARING, AND RESOLUTION BY CERTAIN GOVERNING BODIES].
SECTION 2. Section 2306.67071, Government Code, is amended
by amending Subsections (a) and (d) and adding Subsection (c-1) to
read as follows:
(a) Before submitting to the department an application for
housing tax credits for developments financed through the private
activity bond program, including private activity bonds issued by
the department, the Texas State Affordable Housing Corporation, or
a local issuer, an applicant must provide notice of the intent to
file the application:
(1) to the state representative who represents the
district containing the proposed development site; and
(2) to:
(A) [(1)] the governing body of a municipality in
which the proposed development site is to be located;
(B) [(2)] subject to Paragraph (C) [Subdivision
(3)], the commissioners court of a county in which the proposed
development site is to be located, if the proposed site is to be
located in an area of a county that is not part of a municipality; or
(C) [(3)] the commissioners court of a county in
which the proposed development site is to be located and the
governing body of the applicable municipality, if the proposed site
is to be located in the extraterritorial jurisdiction of a
municipality.
(c-1) Regardless of whether the applicant has complied with
Subsection (c), the board may not approve an application for
housing tax credits for a development financed through the private
activity bond program if the state representative who represents
the district containing the proposed development site submits to
the department a letter opposing the development.
(d) The department by rule may provide for the time and
manner of the submission to the department of a resolution required
by Subsection (c) or a letter described by Subsection (c-1).
SECTION 3. 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 4. This Act takes effect September 1, 2023.