Texas 2025 - 89th Regular

Texas House Bill HB293 Compare Versions

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11 89R66 JAM-D
22 By: Swanson H.B. No. 293
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the requirements for applications for low income
1010 housing tax credits for developments financed through the private
1111 activity bond program.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. The heading to Section 2306.67071, Government
1414 Code, is amended to read as follows:
1515 Sec. 2306.67071. ADDITIONAL APPLICATION REQUIREMENT:
1616 DEVELOPMENTS FINANCED THROUGH PRIVATE ACTIVITY BOND PROGRAM
1717 [NOTICE, HEARING, AND RESOLUTION BY CERTAIN GOVERNING BODIES].
1818 SECTION 2. Section 2306.67071, Government Code, is amended
1919 by amending Subsections (a) and (d) and adding Subsection (c-1) to
2020 read as follows:
2121 (a) Before submitting to the department an application for
2222 housing tax credits for developments financed through the private
2323 activity bond program, including private activity bonds issued by
2424 the department, the Texas State Affordable Housing Corporation, or
2525 a local issuer, an applicant must provide notice of the intent to
2626 file the application:
2727 (1) to the state representative who represents the
2828 district containing the proposed development site; and
2929 (2) to:
3030 (A) [(1)] the governing body of a municipality in
3131 which the proposed development site is to be located;
3232 (B) [(2)] subject to Paragraph (C) [Subdivision
3333 (3)], the commissioners court of a county in which the proposed
3434 development site is to be located, if the proposed site is to be
3535 located in an area of a county that is not part of a municipality; or
3636 (C) [(3)] the commissioners court of a county in
3737 which the proposed development site is to be located and the
3838 governing body of the applicable municipality, if the proposed site
3939 is to be located in the extraterritorial jurisdiction of a
4040 municipality.
4141 (c-1) Regardless of whether the applicant has complied with
4242 Subsection (c), the board may not approve an application for
4343 housing tax credits for a development financed through the private
4444 activity bond program if the state representative who represents
4545 the district containing the proposed development site submits to
4646 the department a letter opposing the development.
4747 (d) The department by rule may provide for the time and
4848 manner of the submission to the department of a resolution required
4949 by Subsection (c) or a letter described by Subsection (c-1).
5050 SECTION 3. The change in law made by this Act applies only
5151 to an application for low income housing tax credits that is
5252 submitted to the Texas Department of Housing and Community Affairs
5353 during an application cycle that is based on the 2026 qualified
5454 allocation plan or a subsequent plan adopted by the governing board
5555 of the department. An application that is submitted during an
5656 application cycle that is based on an earlier qualified allocation
5757 plan is governed by the law in effect on the date the application
5858 cycle began, and the former law is continued in effect for that
5959 purpose.
6060 SECTION 4. This Act takes effect immediately if it receives
6161 a vote of two-thirds of all the members elected to each house, as
6262 provided by Section 39, Article III, Texas Constitution. If this
6363 Act does not receive the vote necessary for immediate effect, this
6464 Act takes effect September 1, 2025.