Texas 2025 - 89th Regular

Texas House Bill HB1342 Compare Versions

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11 89R3702 JAM-F
22 By: Gervin-Hawkins H.B. No. 1342
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the issuance of private activity bonds for qualified
1010 residential rental projects.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 1372.0321, Government Code, is amended
1313 by adding Subsections (a-1) and (a-2) and amending Subsections (b),
1414 (c), and (d) to read as follows:
1515 (a-1) In granting reservations to issuers of qualified
1616 residential rental project issues, the board shall give second
1717 priority to projects:
1818 (1) for which an application:
1919 (A) was filed on or before October 20 of the
2020 program year occurring two years before the current program year;
2121 and
2222 (B) was not withdrawn and did not receive a bond
2323 reservation;
2424 (2) that meet at least one requirement of Subsection
2525 (b); and
2626 (3) for which:
2727 (A) a binding contract to incur significant
2828 expenditures for construction, reconstruction, or rehabilitation
2929 was entered into before submission of the application;
3030 (B) significant expenditures for construction,
3131 reconstruction, or rehabilitation were readily identifiable with
3232 and necessary to carry out a binding contract for the supply of
3333 property or services or the sale of output; or
3434 (C) significant expenditures were paid or
3535 incurred before submission of the application.
3636 (a-2) For purposes of Subsection (a-1), "significant
3737 expenditures" means expenditures that exceed the lesser of:
3838 (1) $500,000; or
3939 (2) 10 percent of the reasonably anticipated cost of
4040 the project.
4141 (b) In granting reservations to issuers of qualified
4242 residential rental project issues, the board shall give third
4343 [second] priority to:
4444 (1) projects in which:
4545 (A) 50 percent of the residential units in the
4646 project are:
4747 (i) under the restriction that the maximum
4848 allowable rents are an amount equal to 30 percent of 50 percent of
4949 the area median family income minus an allowance for utility costs
5050 authorized under the federal low-income housing tax credit program;
5151 and
5252 (ii) reserved for families and individuals
5353 earning not more than 50 percent of the area median income; and
5454 (B) the remaining 50 percent of the residential
5555 units in the project are:
5656 (i) under the restriction that the maximum
5757 allowable rents are an amount equal to 30 percent of 80 [60] percent
5858 of the area median family income minus an allowance for utility
5959 costs authorized under the federal low-income housing tax credit
6060 program; and
6161 (ii) reserved for families and individuals
6262 earning not more than 80 [60] percent of the area median income;
6363 (2) projects in which:
6464 (A) 15 percent of the residential units in the
6565 project are:
6666 (i) under the restriction that the maximum
6767 allowable rents are an amount equal to 30 percent of 30 percent of
6868 the area median family income minus an allowance for utility costs
6969 authorized under the federal low-income housing tax credit program;
7070 and
7171 (ii) reserved for families and individuals
7272 earning not more than 30 percent of the area median income; and
7373 (B) the remaining 85 percent of the residential
7474 units in the project are:
7575 (i) under the restriction that the maximum
7676 allowable rents are an amount equal to 30 percent of 80 [60] percent
7777 of the area median family income minus an allowance for utility
7878 costs authorized under the federal low-income housing tax credit
7979 program; and
8080 (ii) reserved for families and individuals
8181 earning not more than 80 [60] percent of the area median income;
8282 (3) projects:
8383 (A) in which 100 percent of the residential units
8484 in the project are:
8585 (i) under the restriction that the maximum
8686 allowable rents are, on average, an amount equal to 30 percent of 60
8787 percent of the area median family income minus an allowance for
8888 utility costs authorized under the federal low-income housing tax
8989 credit program; and
9090 (ii) reserved for families and individuals
9191 earning, on average, not more than 60 percent of the area median
9292 income; and
9393 (B) which are located in a census tract in which
9494 the median income, based on the most recent information published
9595 by the United States Bureau of the Census, is higher than the median
9696 income for the county, metropolitan statistical area, or primary
9797 metropolitan statistical area in which the census tract is located
9898 as established by the United States Department of Housing and Urban
9999 Development; or
100100 (4) on or after June 1, projects that are located in
101101 counties, metropolitan statistical areas, or primary metropolitan
102102 statistical areas with area median family incomes at or below the
103103 statewide median family income established by the United States
104104 Department of Housing and Urban Development.
105105 (c) In granting reservations to issuers of qualified
106106 residential rental project issues, the board shall give fourth
107107 [third] priority to projects in which 80 percent or more of the
108108 residential units in the project are:
109109 (1) under the restriction that the maximum allowable
110110 rents are, on average, an amount equal to 30 percent of 60 percent
111111 of the area median family income minus an allowance for utility
112112 costs authorized under the federal low-income housing tax credit
113113 program; and
114114 (2) reserved for families and individuals earning, on
115115 average, not more than 60 percent of the area median income.
116116 (d) In granting reservations to issuers of qualified
117117 residential rental project issues, the board shall give fifth
118118 [fourth] priority to any other qualified residential rental
119119 project.
120120 SECTION 2. Section 1372.042(d), Government Code, is amended
121121 to read as follows:
122122 (d) Not later than the fifth business day after the date on
123123 which the bonds are closed, the issuer shall submit to the board:
124124 (1) a written notice stating the delivery date of the
125125 bonds and the principal amount of the bonds issued; and
126126 (2) [if the project is a project entitled to first,
127127 second, or third priority under Section 1372.0321, evidence from
128128 the Texas Department of Housing and Community Affairs that an award
129129 of low-income housing tax credits has been approved for the
130130 project; and
131131 [(3)] a certified copy of the document authorizing the
132132 bonds and any other document relating to the issuance of the bonds,
133133 including a statement of the bonds':
134134 (A) principal amount;
135135 (B) interest rate or formula by which the
136136 interest rate is computed;
137137 (C) maturity schedule; and
138138 (D) purchaser or purchasers.
139139 SECTION 3. Section 1372.0321(e), Government Code, is
140140 repealed.
141141 SECTION 4. The change in law made by this Act in amending
142142 Chapter 1372, Government Code, applies to the allocation of the
143143 available state ceiling under Chapter 1372 beginning with the 2026
144144 program year.
145145 SECTION 5. This Act takes effect September 1, 2025.