Texas Senate Bill SB2767

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to public facility corporations.

Impact

The amendments laid out in SB2767 primarily affect how multifamily residential developments can qualify for tax exemptions. The bill mandates that a certain percentage of units in these developments be reserved for low and moderate-income housing. Specifically, it stipulates that at least 10% of the units must be designated for lower-income families, while 40% should cater to moderate-income households. This is a legislative effort to enhance affordable housing availability while ensuring accountability from public facility corporations.

Summary

Senate Bill 2767 addresses the functioning of public facility corporations in Texas, particularly with respect to multifamily residential developments. The bill introduces new amendments to the Local Government Code, highlighting the changes pertaining to tax exemptions and requirements for such corporations. A significant aspect of the bill is the restriction on the transfer of tax exemptions, now requiring that substantial assets be conveyed concurrently with any transfer of the exemption itself, thereby ensuring that tax benefits remain aligned with ownership.

Contention

One of the more contentious points of SB2767 is its implications for local governments and, potentially, the developers involved in multifamily housing. Proponents argue that the stringent requirements for tax exemptions will lead to a more robust framework for affordable housing, improving compliance and transparency. Conversely, critics may view these measures as bureaucratically burdensome, possibly deterring investments in much-needed housing projects. The measure necessitates that corporations conduct thorough audits annually, adding to operational costs, which opponents claim could hinder housing development rather than promote it.

Texas Constitutional Statutes Affected

Local Government Code

• Chapter 303. Public Facility Corporations
  • Section: 041
  • Section: 0421
  • Section: New Section
  • Section: 0426
  • Section: 0427