Texas 2023 - 88th Regular

Texas House Bill HB3136

Filed
3/1/23  
Out of House Committee
4/21/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the issuance by the Texas Department of Housing and Community Affairs of certain federal forms for purposes of allocating low income housing tax credits; authorizing an administrative penalty.

Impact

The introduction of HB 3136 is expected to significantly enhance the operational efficiency within the affordable housing sector by establishing a clear timeline for the issuance of Form 8609. This timely issuance will help ensure that developers can more smoothly navigate the complexities associated with tax credits and financing while reducing potential financial burdens caused by delays. Additionally, the bill introduces administrative penalties for non-compliance, which could enforce accountability within the TDHCA regarding the timely processing of applications.

Summary

House Bill 3136, introduced by Representative Campos, aims to streamline the process of issuing IRS Form 8609 by the Texas Department of Housing and Community Affairs (TDHCA). This form is crucial for developers applying for low income housing tax credits. The bill mandates that TDHCA must issue Form 8609 no later than 30 days after receiving the necessary documentation from the development owner. The expedited issuance is intended to alleviate delays that have previously complicated tax filings for developers and investors, promoting efficiency in the administration of affordable housing projects across Texas.

Sentiment

General sentiment around HB 3136 appears to be positive among stakeholders involved in affordable housing development. Many supporters, including industry representatives, expressed enthusiasm for the bill during committee discussions, highlighting its potential to reduce bureaucratic hurdles and facilitate essential funding for low income housing projects. However, there remains a need for vigilance regarding the implementation of penalties, as some stakeholders may perceive these as potentially burdensome if applied unevenly or without clear guidelines.

Contention

A notable point of contention surrounding HB 3136 relates to the balance between regulatory efficiency and accountability. While the bill seeks to streamline the process, concerns have been raised about how penalties will be enforced and whether they might deter developers from seeking tax credits. Moreover, there is an ongoing discussion regarding the potential impact of these regulatory changes on smaller developers who may struggle to meet compliance requirements due to limited resources. Stakeholders must navigate this balance carefully to ensure that the goal of efficient tax credit allocation does not inadvertently disadvantage those who contribute to the affordable housing landscape.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2306. Texas Department Of Housing And Community Affairs
    • Section: New Section

Companion Bills

TX SB1812

Identical Relating to the issuance by the Texas Department of Housing and Community Affairs of certain federal forms for purposes of allocating low income housing tax credits; authorizing an administrative penalty.

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