1 | 1 | | 89R3702 JAM-F |
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2 | 2 | | By: Gervin-Hawkins H.B. No. 1342 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the issuance of private activity bonds for qualified |
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10 | 10 | | residential rental projects. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 1372.0321, Government Code, is amended |
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13 | 13 | | by adding Subsections (a-1) and (a-2) and amending Subsections (b), |
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14 | 14 | | (c), and (d) to read as follows: |
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15 | 15 | | (a-1) In granting reservations to issuers of qualified |
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16 | 16 | | residential rental project issues, the board shall give second |
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17 | 17 | | priority to projects: |
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18 | 18 | | (1) for which an application: |
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19 | 19 | | (A) was filed on or before October 20 of the |
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20 | 20 | | program year occurring two years before the current program year; |
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21 | 21 | | and |
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22 | 22 | | (B) was not withdrawn and did not receive a bond |
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23 | 23 | | reservation; |
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24 | 24 | | (2) that meet at least one requirement of Subsection |
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25 | 25 | | (b); and |
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26 | 26 | | (3) for which: |
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27 | 27 | | (A) a binding contract to incur significant |
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28 | 28 | | expenditures for construction, reconstruction, or rehabilitation |
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29 | 29 | | was entered into before submission of the application; |
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30 | 30 | | (B) significant expenditures for construction, |
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31 | 31 | | reconstruction, or rehabilitation were readily identifiable with |
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32 | 32 | | and necessary to carry out a binding contract for the supply of |
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33 | 33 | | property or services or the sale of output; or |
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34 | 34 | | (C) significant expenditures were paid or |
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35 | 35 | | incurred before submission of the application. |
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36 | 36 | | (a-2) For purposes of Subsection (a-1), "significant |
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37 | 37 | | expenditures" means expenditures that exceed the lesser of: |
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38 | 38 | | (1) $500,000; or |
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39 | 39 | | (2) 10 percent of the reasonably anticipated cost of |
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40 | 40 | | the project. |
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41 | 41 | | (b) In granting reservations to issuers of qualified |
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42 | 42 | | residential rental project issues, the board shall give third |
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43 | 43 | | [second] priority to: |
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44 | 44 | | (1) projects in which: |
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45 | 45 | | (A) 50 percent of the residential units in the |
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46 | 46 | | project are: |
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47 | 47 | | (i) under the restriction that the maximum |
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48 | 48 | | allowable rents are an amount equal to 30 percent of 50 percent of |
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49 | 49 | | the area median family income minus an allowance for utility costs |
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50 | 50 | | authorized under the federal low-income housing tax credit program; |
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51 | 51 | | and |
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52 | 52 | | (ii) reserved for families and individuals |
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53 | 53 | | earning not more than 50 percent of the area median income; and |
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54 | 54 | | (B) the remaining 50 percent of the residential |
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55 | 55 | | units in the project are: |
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56 | 56 | | (i) under the restriction that the maximum |
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57 | 57 | | allowable rents are an amount equal to 30 percent of 80 [60] percent |
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58 | 58 | | of the area median family income minus an allowance for utility |
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59 | 59 | | costs authorized under the federal low-income housing tax credit |
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60 | 60 | | program; and |
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61 | 61 | | (ii) reserved for families and individuals |
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62 | 62 | | earning not more than 80 [60] percent of the area median income; |
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63 | 63 | | (2) projects in which: |
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64 | 64 | | (A) 15 percent of the residential units in the |
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65 | 65 | | project are: |
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66 | 66 | | (i) under the restriction that the maximum |
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67 | 67 | | allowable rents are an amount equal to 30 percent of 30 percent of |
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68 | 68 | | the area median family income minus an allowance for utility costs |
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69 | 69 | | authorized under the federal low-income housing tax credit program; |
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70 | 70 | | and |
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71 | 71 | | (ii) reserved for families and individuals |
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72 | 72 | | earning not more than 30 percent of the area median income; and |
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73 | 73 | | (B) the remaining 85 percent of the residential |
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74 | 74 | | units in the project are: |
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75 | 75 | | (i) under the restriction that the maximum |
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76 | 76 | | allowable rents are an amount equal to 30 percent of 80 [60] percent |
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77 | 77 | | of the area median family income minus an allowance for utility |
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78 | 78 | | costs authorized under the federal low-income housing tax credit |
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79 | 79 | | program; and |
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80 | 80 | | (ii) reserved for families and individuals |
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81 | 81 | | earning not more than 80 [60] percent of the area median income; |
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82 | 82 | | (3) projects: |
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83 | 83 | | (A) in which 100 percent of the residential units |
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84 | 84 | | in the project are: |
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85 | 85 | | (i) under the restriction that the maximum |
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86 | 86 | | allowable rents are, on average, an amount equal to 30 percent of 60 |
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87 | 87 | | percent of the area median family income minus an allowance for |
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88 | 88 | | utility costs authorized under the federal low-income housing tax |
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89 | 89 | | credit program; and |
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90 | 90 | | (ii) reserved for families and individuals |
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91 | 91 | | earning, on average, not more than 60 percent of the area median |
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92 | 92 | | income; and |
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93 | 93 | | (B) which are located in a census tract in which |
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94 | 94 | | the median income, based on the most recent information published |
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95 | 95 | | by the United States Bureau of the Census, is higher than the median |
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96 | 96 | | income for the county, metropolitan statistical area, or primary |
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97 | 97 | | metropolitan statistical area in which the census tract is located |
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98 | 98 | | as established by the United States Department of Housing and Urban |
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99 | 99 | | Development; or |
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100 | 100 | | (4) on or after June 1, projects that are located in |
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101 | 101 | | counties, metropolitan statistical areas, or primary metropolitan |
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102 | 102 | | statistical areas with area median family incomes at or below the |
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103 | 103 | | statewide median family income established by the United States |
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104 | 104 | | Department of Housing and Urban Development. |
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105 | 105 | | (c) In granting reservations to issuers of qualified |
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106 | 106 | | residential rental project issues, the board shall give fourth |
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107 | 107 | | [third] priority to projects in which 80 percent or more of the |
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108 | 108 | | residential units in the project are: |
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109 | 109 | | (1) under the restriction that the maximum allowable |
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110 | 110 | | rents are, on average, an amount equal to 30 percent of 60 percent |
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111 | 111 | | of the area median family income minus an allowance for utility |
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112 | 112 | | costs authorized under the federal low-income housing tax credit |
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113 | 113 | | program; and |
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114 | 114 | | (2) reserved for families and individuals earning, on |
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115 | 115 | | average, not more than 60 percent of the area median income. |
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116 | 116 | | (d) In granting reservations to issuers of qualified |
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117 | 117 | | residential rental project issues, the board shall give fifth |
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118 | 118 | | [fourth] priority to any other qualified residential rental |
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119 | 119 | | project. |
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120 | 120 | | SECTION 2. Section 1372.042(d), Government Code, is amended |
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121 | 121 | | to read as follows: |
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122 | 122 | | (d) Not later than the fifth business day after the date on |
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123 | 123 | | which the bonds are closed, the issuer shall submit to the board: |
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124 | 124 | | (1) a written notice stating the delivery date of the |
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125 | 125 | | bonds and the principal amount of the bonds issued; and |
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126 | 126 | | (2) [if the project is a project entitled to first, |
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127 | 127 | | second, or third priority under Section 1372.0321, evidence from |
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128 | 128 | | the Texas Department of Housing and Community Affairs that an award |
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129 | 129 | | of low-income housing tax credits has been approved for the |
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130 | 130 | | project; and |
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131 | 131 | | [(3)] a certified copy of the document authorizing the |
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132 | 132 | | bonds and any other document relating to the issuance of the bonds, |
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133 | 133 | | including a statement of the bonds': |
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134 | 134 | | (A) principal amount; |
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135 | 135 | | (B) interest rate or formula by which the |
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136 | 136 | | interest rate is computed; |
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137 | 137 | | (C) maturity schedule; and |
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138 | 138 | | (D) purchaser or purchasers. |
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139 | 139 | | SECTION 3. Section 1372.0321(e), Government Code, is |
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140 | 140 | | repealed. |
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141 | 141 | | SECTION 4. The change in law made by this Act in amending |
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142 | 142 | | Chapter 1372, Government Code, applies to the allocation of the |
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143 | 143 | | available state ceiling under Chapter 1372 beginning with the 2026 |
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144 | 144 | | program year. |
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145 | 145 | | SECTION 5. This Act takes effect September 1, 2025. |
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