Texas 2023 - 88th Regular

Texas House Bill HB2856 Compare Versions

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1	1	88R12019 JAM-D
2	2	By: Swanson, Schofield, Oliverson, Cain, H.B. No. 2856
3	3	Lozano
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the requirements for applications for low income
9	9	housing tax credits for developments financed through the private
10	10	activity bond program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 2306.67071, Government
13	13	Code, is amended to read as follows:
14	14	Sec. 2306.67071. ADDITIONAL APPLICATION REQUIREMENT:
15	15	DEVELOPMENTS FINANCED THROUGH PRIVATE ACTIVITY BOND PROGRAM
16	16	[NOTICE, HEARING, AND RESOLUTION BY CERTAIN GOVERNING BODIES].
17	17	SECTION 2. Section 2306.67071, Government Code, is amended
18	18	by amending Subsections (a) and (d) and adding Subsection (c-1) to
19	19	read as follows:
20	20	(a) Before submitting to the department an application for
21	21	housing tax credits for developments financed through the private
22	22	activity bond program, including private activity bonds issued by
23	23	the department, the Texas State Affordable Housing Corporation, or
24	24	a local issuer, an applicant must provide notice of the intent to
25	25	file the application:
26	26	(1) to the state representative who represents the
27	27	district containing the proposed development site; and
28	28	(2) to:
29	29	(A) [(1)] the governing body of a municipality in
30	30	which the proposed development site is to be located;
31	31	(B) [(2)] subject to Paragraph (C) [Subdivision
32	32	(3)], the commissioners court of a county in which the proposed
33	33	development site is to be located, if the proposed site is to be
34	34	located in an area of a county that is not part of a municipality; or
35	35	(C) [(3)] the commissioners court of a county in
36	36	which the proposed development site is to be located and the
37	37	governing body of the applicable municipality, if the proposed site
38	38	is to be located in the extraterritorial jurisdiction of a
39	39	municipality.
40	40	(c-1) Regardless of whether the applicant has complied with
41	41	Subsection (c), the board may not approve an application for
42	42	housing tax credits for a development financed through the private
43	43	activity bond program if the state representative who represents
44	44	the district containing the proposed development site submits to
45	45	the department a letter opposing the development.
46	46	(d) The department by rule may provide for the time and
47	47	manner of the submission to the department of a resolution required
48	48	by Subsection (c) or a letter described by Subsection (c-1).
49	49	SECTION 3. The change in law made by this Act applies only
50	50	to an application for low income housing tax credits that is
51	51	submitted to the Texas Department of Housing and Community Affairs
52	52	during an application cycle that is based on the 2024 qualified
53	53	allocation plan or a subsequent plan adopted by the governing board
54	54	of the department. An application that is submitted during an
55	55	application cycle that is based on an earlier qualified allocation
56	56	plan is governed by the law in effect on the date the application
57	57	cycle began, and the former law is continued in effect for that
58	58	purpose.
59	59	SECTION 4. This Act takes effect September 1, 2023.