reglab/housing_qa huggingface dataset:
TX Govt Code § 2306.67071 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.67071. Additional Application Requirement: Notice, Hearing, and Resolution by Certain Governing Bodies

Sec. 2306.67071.  ADDITIONAL APPLICATION REQUIREMENT: NOTICE, HEARING, AND RESOLUTION BY CERTAIN GOVERNING BODIES.  (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 to:(1)  the governing body of a municipality in which the proposed development site is to be located;(2)  subject to 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(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.(b)  A county or municipality, as applicable, shall hold a hearing at which public comment may be made on the application.(c)  The board may not approve an application for housing tax credits for developments financed through the private activity bond program unless the applicant has submitted to the department a certified copy of a resolution from each applicable governing body described by Subsection (a).  The resolution must certify that:(1)  notice has been provided to each governing body as required by Subsection (a);(2)  each governing body has had sufficient opportunity to obtain a response from the applicant regarding any questions or concerns about the proposed development;(3)  each governing body has held a hearing under Subsection (b); and(4)  after due consideration of the information provided by the applicant and public comment, the governing body does not object to the proposed application.(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).|Added by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 2.02, eff. September 1, 2013.|
TX Govt Code § 2306.6708 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6708. Application Changes or Supplements

Sec. 2306.6708.  APPLICATION CHANGES OR SUPPLEMENTS.  (a)  Except as provided by Subsection (b), an applicant may not change or supplement an application in any manner after the filing deadline.(b)  This section does not prohibit an applicant from:(1)  at the request of the department, clarifying information in the application or correcting administrative deficiencies in the application;  or(2)  amending an application after allocation of housing tax credits in the manner provided by Section 2306.6712.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.|
TX Govt Code § 2306.6709 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6709. Application Log

Sec. 2306.6709.  APPLICATION LOG.  (a)  In a form prescribed by the department, the department shall maintain for each application an application log that tracks the application from the date of its submission.(b)  The application log must contain at least the following information:(1)  the names of the applicant and related parties;(2)  the physical location of the development, including the relevant region of the state;(3)  the amount of housing tax credits requested for allocation by the department to the applicant;(4)  any set-aside category under which the application is filed;(5)  the score of the application in each scoring category adopted by the department under the qualified allocation plan;(6)  any decision made by the department or board regarding the application, including the department's decision regarding whether to underwrite the application and the board's decision regarding whether to allocate housing tax credits to the development;(7)  the names of persons making the decisions described by Subdivision (6), including the names of department staff scoring and underwriting the application, to be recorded next to the description of the applicable decision;(8)  the amount of housing tax credits allocated to the development;  and(9)  a dated record and summary of any contact between the department staff, the board, and the applicant or any related parties.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.|
TX Govt Code § 2306.6712 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6712. Amendment of Application Subsequent to Allocation by Board

Sec. 2306.6712.  AMENDMENT OF APPLICATION SUBSEQUENT TO ALLOCATION BY BOARD.  (a)  If a proposed modification would materially alter a development approved for an allocation of a housing tax credit, the department shall require the applicant to file a formal, written amendment to the application on a form prescribed by the department.(b)  The director shall require the department staff assigned to underwrite applications to evaluate the amendment and provide an analysis and written recommendation to the board.  The appropriate monitor under Section 2306.6719 shall also provide to the board an analysis and written recommendation regarding the amendment.(c)  The board must vote on whether to approve the amendment.  The board by vote may reject an amendment and, if appropriate, rescind the allocation of housing tax credits and reallocate the credits to other applicants on the waiting list required by Section 2306.6711 if the board determines that the modification proposed in the amendment:(1)  would materially alter the development in a negative manner;  or(2)  would have adversely affected the selection of the application in the application round.(d)  Material alteration of a development includes:(1)  a significant modification of the site plan;(2)  a modification of the number of units or bedroom mix of units;(3)  a substantive modification of the scope of tenant services;(4)  a reduction of three percent or more in the square footage of the units or common areas;(5)  a significant modification of the architectural design of the development;(6)  a modification of the residential density of the development of at least five percent;  and(7)  any other modification considered significant by the board.(e)  In evaluating the amendment under this subsection, the department staff shall consider whether the need for the modification proposed in the amendment was:(1)  reasonably foreseeable by the applicant at the time the application was submitted;  or(2)  preventable by the applicant.(f)  This section shall be administered in a manner that is consistent with Section 42, Internal Revenue Code of 1986 (26 U.S.C. Section 42).|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.|
TX Govt Code § 2306.6713 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6713. Housing Tax Credit and Ownership Transfers

Sec. 2306.6713.  HOUSING TAX CREDIT AND OWNERSHIP TRANSFERS.  (a)  An applicant may not transfer an allocation of housing tax credits or ownership of a development supported with an allocation of housing tax credits to any person other than an affiliate unless the applicant obtains the director's prior, written approval of the transfer.(b)  The director may not unreasonably withhold approval of the transfer. (c)  An applicant seeking director approval of a transfer and the proposed transferee must provide to the department a copy of any applicable agreement between the parties to the transfer, including any third-party agreement with the department.(d)  On request, an applicant seeking director approval of a transfer must provide to the department:(1)  a list of the names of transferees and related parties;  and(2)  detailed information describing the experience and financial capacity of transferees and related parties.(e)  The development owner shall certify to the director that the tenants in the development have been notified in writing of the transfer before the 30th day preceding the date of submission of the transfer request to the department.(f)  Not later than the fifth working day after the date the department receives all necessary information under this section, the department shall conduct a qualifications review of a transferee to determine:(1)  the transferee's past compliance with all aspects of the low income housing tax credit program, including land use restriction agreements;  and(2)  the sufficiency of the transferee's experience with developments supported with housing tax credit allocations.(g)  The transfer of ownership of a development supported with an allocation of housing tax credits under this section does not subject the development to a right of first refusal under Section 2306.6726 if the transfer is made to a newly formed entity:(1)  that is under common control with the development owner; and(2)  the primary purpose of the formation of which is to facilitate the financing of the rehabilitation of the development using assistance administered through a state financing program.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 817 (H.B. 3576), Sec. 2, eff. September 1, 2015.|
TX Govt Code § 2306.6714 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6714. At-Risk Development Set-Aside

Sec. 2306.6714.  AT-RISK DEVELOPMENT SET-ASIDE.  (a)  The department shall set aside for eligible at-risk developments not less than 15 percent of the housing tax credits available for allocation in the calendar year.(a-1)  An at-risk development described by Section 2306.6702(a)(5)(B) is eligible for housing tax credits set aside under Subsection (a) if:(1)  a portion of the public housing operating subsidy received from the department is retained for the development; and(2)  a portion of the units of the development are reserved for public housing as specified in the qualified housing plan.(a-2)  Notwithstanding any other provision of law, an at-risk development described by Section 2306.6702(a)(5)(B) that was previously allocated housing tax credits set aside under Subsection (a) does not lose eligibility for those credits if the portion of units reserved for public housing as a condition of eligibility for the credits under Subsection (a-1)(2) are later converted under the Rental Assistance Demonstration program administered by the United States Department of Housing and Urban Development as specified by the Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. No. 112-55) and its subsequent amendments.(b)  Any amount of housing tax credits set aside under this section that remains after the initial allocation of housing tax credits is available for allocation to any eligible applicant as provided by the qualified allocation plan.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 963 (H.B. 1888), Sec. 2, eff. September 1, 2013.Acts 2017, 85th Leg., R.S., Ch. 646 (S.B. 1238), Sec. 2, eff. June 12, 2017.|
TX Govt Code § 2306.6715 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6715. Appeal

Sec. 2306.6715.  APPEAL.  (a)  In a form prescribed by the department in the qualified allocation plan, an applicant may appeal the following decisions made by the department in the application evaluation process provided by Section 2306.6710:(1)  a determination regarding the application's satisfaction of threshold and underwriting criteria;(2)  the scoring of the application;  and(3)  a recommendation as to the amount of housing tax credits to be allocated to the application.(b)  An applicant may not appeal a decision made under Section 2306.6710 regarding an application filed by another applicant.(c)  An applicant must file a written appeal authorized by this section with the department not later than the seventh day after the date the department publishes the results of the application evaluation process provided by Section 2306.6710.  In the appeal, the applicant must specifically identify the applicant's grounds for appeal, based on the original application and additional documentation filed with the original application.(d)  The director shall respond in writing to the appeal not later than the 14th day after the date of receipt of the appeal.  If the applicant is not satisfied with the director's response to the appeal, the applicant may appeal directly in writing to the board, provided that an appeal filed with the board under this subsection must be received by the board before:(1)  the seventh day preceding the date of the board meeting at which the relevant allocation decision is expected to be made;  or(2)  the third day preceding the date of the board meeting described by Subdivision (1), if the director does not respond to the appeal before the date described by Subdivision (1).(e)  Board review of an appeal under Subsection (d) is based on the original application and additional documentation filed with the original application.  The board may not review any information not contained in or filed with the original application.  The decision of the board regarding the appeal is final.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.|
TX Govt Code § 2306.6716 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6716. Fees

Sec. 2306.6716.  FEES.  (a)  A fee charged by the department for filing an application may not be excessive and must reflect the department's actual costs in processing the application, providing copies of documents to persons connected with the application process, and making appropriate information available to the public through the department's website.(b)  The department shall publish each year an updated schedule of application fees that specifies the amount to be charged at each stage of the application process.(c)  In accordance with the fee schedule, the department shall refund the balance of any fees collected for an application that is withdrawn by the applicant or that is not fully processed by the department.  The department must provide the refund to the applicant not later than the 30th day after the date the last official action is taken with respect to the application.(d)  The department shall develop a sliding scale fee schedule for applications that encourages increased participation by community housing development organizations in the low income housing tax credit program.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 330, Sec. 24, eff. Sept. 1, 2003.|
TX Govt Code § 2306.67171 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.67171. Electronic Mail Notification Service

Sec. 2306.67171.  ELECTRONIC MAIL NOTIFICATION SERVICE.  (a)  The department shall maintain an electronic mail notification service to which any person in this state may electronically subscribe to receive information concerning the status of pre-applications and applications under this subchapter.(b)  The electronic mail notification service maintained under Subsection (a) must:(1)  allow a subscriber to request for a zip code notification of:(A)  the filing of any pre-application or application concerning a development that is or will be located in the zip code;(B)  the posting of the board materials for board approval of a list of approved applications or the issuance of final allocation commitments for applications described by Paragraph (A); and(C)  any public hearing to be held concerning an application or pre-application described by Paragraph (A); and(2)  respond to a subscriber via electronic mail not later than the later of:(A)  the 14th day after the date the department receives notice of an event described by Subdivision (1); or(B)  if applicable, the date or dates specified by Section 2306.6717(a).(c)  The department may include in an electronic mail notification sent to a subscriber any applicable information described by Section 2306.6717.|Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 28, eff. September 1, 2007.|
TX Govt Code § 2306.6718 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6718. Elected Officials

Sec. 2306.6718.  ELECTED OFFICIALS.  (a)  The department shall provide written notice of the filing of an application to the following elected officials:(1)  members of the legislature who represent the community containing the development described in the application;  and(2)  the chief executive officer of the political subdivision containing the development described in the application.(b)  The department shall provide the elected officials with an opportunity to comment on the application during the application evaluation process provided by Section 2306.6710 and shall consider those comments in evaluating applications under that section.(c)  A member of the legislature who represents the community containing the development may hold a community meeting at which the department shall provide appropriate representation.(d)  If the department receives written notice from the mayor or county judge of an affected municipality or county opposing an application, the department must contact the mayor or county judge and offer to conduct a physical inspection of the development site and consult with the mayor or county judge before the application is scored.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.|
TX Govt Code § 2306.6719 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6719. Monitoring of Compliance

Sec. 2306.6719.  MONITORING OF COMPLIANCE.  (a)  The department may contract with an independent third party to monitor a development during its construction or rehabilitation and during its operation for compliance with:(1)  any conditions imposed by the department in connection with the allocation of housing tax credits to the development;  and(2)  appropriate state and federal laws, as required by other state law or by the board.(b)  The department may assign department staff other than housing tax credit division staff to perform the relevant monitoring functions required by this section in the construction or rehabilitation phase of a development. (c)  For a violation other than a violation that poses an imminent hazard or threat to health and safety, the department must provide the owner of a development with the following periods to correct a failure to comply with a condition or law described by Subsection (a)(1) or (2):(1)  30 days for a failure to file the annual owner's compliance report; and(2)  90 days for any other failure to comply under this section.(d)  For good cause shown, the executive director may extend the periods provided under Subsection (c).(e)  Solely for purposes of determining eligibility to apply for and receive financial assistance from the department, a development may not be considered to be in noncompliance with an applicable condition or law if the owner of the development takes appropriate corrective action during the period provided under Subsection (c).(f)  Notwithstanding Subsection (e), the department shall:(1)  submit to the applicable federal agency any report required by federal law regarding an owner's noncompliance with a condition or law described by Subsection (a)(1) or (2); and(2)  for purposes of developing and administering the policy relating to debarment under Section 2306.0504, consider recurring violations of a condition or law described by Subsection (a)(1) or (2), including violations that are corrected during the applicable period provided under Subsection (c).|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 556 (S.B. 659), Sec. 3, eff. September 1, 2013.Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 2.05, eff. September 1, 2013.Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 9.012, eff. September 1, 2015.|
TX Govt Code § 2306.6720 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle G - Economic Development Programs Involving Both State and Local Governments|Chapter 2306 - Texas Department of Housing and Community Affairs|Subchapter DD. Low Income Housing Tax Credit Program|Section 2306.6720. Enforceability of Applicant Representations

Sec. 2306.6720.  ENFORCEABILITY OF APPLICANT REPRESENTATIONS.  Each material representation made by an applicant to secure a housing tax credit allocation is enforceable by the department and the tenants of the development supported with the allocation.  Subject to modification and enforcement as provided by this chapter, a land use restriction agreement that is recorded with respect to a development is considered to state the development owner's ongoing obligations with regard to the matters addressed in the agreement.|Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 817 (H.B. 3576), Sec. 3, eff. September 1, 2015.|