HB 293

89R66 JAM-D
		By: Swanson, Harless, Schofield, Hull,
  H.B. No. 293
		    et al.
  A BILL TO BE ENTITLED
  AN ACT
  relating to the requirements for applications for low income
  housing tax credits for developments financed through the private
  activity bond program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 2306.67071, Government
  Code, is amended to read as follows:
         Sec. 2306.67071.  ADDITIONAL APPLICATION REQUIREMENT:
  DEVELOPMENTS FINANCED THROUGH PRIVATE ACTIVITY BOND PROGRAM
  [NOTICE, HEARING, AND RESOLUTION BY CERTAIN GOVERNING BODIES].
         SECTION 2.  Section 2306.67071, Government Code, is amended
  by amending Subsections (a) and (d) and adding Subsection (c-1) to
  read as follows:
         (a)  Before submitting to the department an application for
  housing tax credits for developments financed through the private
  activity bond program, including private activity bonds issued by
  the department, the Texas State Affordable Housing Corporation, or
  a local issuer, an applicant must provide notice of the intent to
  file the application:
               (1)  to the state representative who represents the
  district containing the proposed development site; and 
               (2)  to:
                     (A) [(1)]  the governing body of a municipality in
  which the proposed development site is to be located;
                     (B) [(2)]  subject to Paragraph (C) [Subdivision
  (3)], the commissioners court of a county in which the proposed
  development site is to be located, if the proposed site is to be
  located in an area of a county that is not part of a municipality; or
                     (C) [(3)]  the commissioners court of a county in
  which the proposed development site is to be located and the
  governing body of the applicable municipality, if the proposed site
  is to be located in the extraterritorial jurisdiction of a
  municipality.
         (c-1)  Regardless of whether the applicant has complied with
  Subsection (c), the board may not approve an application for
  housing tax credits for a development financed through the private
  activity bond program if the state representative who represents
  the district containing the proposed development site submits to
  the department a letter opposing the development.
         (d)  The department by rule may provide for the time and
  manner of the submission to the department of a resolution required
  by Subsection (c) or a letter described by Subsection (c-1).
         SECTION 3.  The change in law made by this Act applies only
  to an application for low income housing tax credits that is
  submitted to the Texas Department of Housing and Community Affairs
  during an application cycle that is based on the 2026 qualified
  allocation plan or a subsequent plan adopted by the governing board
  of the department.  An application that is submitted during an
  application cycle that is based on an earlier qualified allocation
  plan is governed by the law in effect on the date the application
  cycle began, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2025.