reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 2306.6722. Development Accessibility

Sec. 2306.6722.  DEVELOPMENT ACCESSIBILITY.  Any development supported with a housing tax credit allocation shall comply with the accessibility standards that are required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), and specified under 24 C.F.R. Part 8, Subpart C.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
2023 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 2306.6723. Coordination With Rural Development Agency

Sec. 2306.6723.  COORDINATION WITH RURAL DEVELOPMENT AGENCY.  (a)  The department shall jointly administer with the rural development agency any set-aside for rural areas to:
(1)  ensure the maximum use and optimum geographic distribution of housing tax credits in rural areas;  and
(2)  provide for information sharing, efficient procedures, and fulfillment of development compliance requirements in rural areas.
(b)  The rural development agency shall assist in developing all threshold, scoring, and underwriting criteria applied to applications eligible for the rural area set-aside.  The criteria must be approved by that agency.
(c)  To ensure that the rural area set-aside receives a sufficient volume of eligible applications, the department shall fund and, with the rural development agency, shall jointly implement outreach, training, and rural area capacity building efforts as directed by the rural development agency.
(d)  The department and the rural development agency shall jointly adjust the regional allocation of housing tax credits described by Section 2306.111 to offset the under-utilization and over-utilization of multifamily private activity bonds and other housing resources in the different regions of the state.
(e)  From application fees collected under this subchapter, the department shall reimburse the rural development agency for any costs incurred by the agency in carrying out the functions required by this section.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
2023 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 2306.6724. Deadlines for Allocation of Low Income Housing Tax Credits

Sec. 2306.6724.  DEADLINES FOR ALLOCATION OF LOW INCOME HOUSING TAX CREDITS.  (a)  Regardless of whether the board will adopt the plan annually or biennially, the department, not later than September 30 of the year preceding the year in which the new plan is proposed for use, shall prepare and submit to the board for adoption any proposed qualified allocation plan required by federal law for use by the department in setting criteria and priorities for the allocation of tax credits under the low income housing tax credit program.
(b)  Regardless of whether the board has adopted the plan annually or biennially, the board shall submit to the governor any proposed qualified allocation plan not later than November 15 of the year preceding the year in which the new plan is proposed for use.  The governor shall approve, reject, or modify and approve the proposed qualified allocation plan not later than December 1.
(d)  An applicant for a low income housing tax credit to be issued a commitment during the initial allocation cycle in a calendar year must submit an application to the department not later than March 1.
(e)  The board shall review the recommendations of department staff regarding applications and shall issue a list of approved applications each year in accordance with the qualified allocation plan not later than June 30.
(f)  The board shall issue final commitments for allocations of housing tax credits each year in accordance with the qualified allocation plan not later than July 31.
(g)  Notwithstanding any other law, the department shall issue a final commitment for an allocation of housing tax credits not later than the 120th day following the date on which the department receives from an applicant a complete cost certification package, as prescribed by department rule, and the applicant has fulfilled any requests for information for the issuance of Internal Revenue Service Form 8609, or that form's successor.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 49, eff. Sept. 1, 1997.  Renumbered from Sec. 2306.671 and amended by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 74.05, eff. September 28, 2011.
Acts 2023, 88th Leg., R.S., Ch. 883 (H.B. 4550), Sec. 3, eff. September 1, 2023.
2023 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 2306.6727. Department Purchase of Low Income Housing Tax Credit Property

Sec. 2306.6727.  DEPARTMENT PURCHASE OF LOW INCOME HOUSING TAX CREDIT PROPERTY.  The board by rule may develop and implement a program to purchase low income housing tax credit property that is not purchased by a qualified nonprofit organization or tenant organization.  The department may not purchase low income housing tax credit property if the board finds that the purchase is not in the best interest of the state.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 49, eff. Sept. 1, 1997.  Renumbered from Sec. 2306.674 by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
2023 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 2306.6728. Department Policy and Procedures Regarding Recipients of Certain Federal Housing Assistance

Sec. 2306.6728.  DEPARTMENT POLICY AND PROCEDURES REGARDING RECIPIENTS OF CERTAIN FEDERAL HOUSING ASSISTANCE.  (a)  The department by rule shall adopt a policy regarding the admittance to low income housing tax credit properties of income-eligible individuals and families receiving assistance under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f).
(b)  The policy must provide a reasonable minimum income standard that is not otherwise prohibited by this chapter and that is to be used by owners of low income housing tax credit properties and must place reasonable limits on the use of any other factors that impede the admittance of individuals and families described by Subsection (a) to those properties, including credit histories, security deposits, and employment histories.
(c)  The department by rule shall establish procedures to monitor low income housing tax credit properties that refuse to admit individuals and families described by Subsection (a).  The department by rule shall establish enforcement mechanisms with respect to those properties, including a range of sanctions to be imposed against the owners of those properties.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.30, eff. Sept. 1, 2001.
2023 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 2306.6729. Qualified Nonprofit Organization

Sec. 2306.6729.  QUALIFIED NONPROFIT ORGANIZATION.  (a)  A qualified nonprofit organization may compete in any low income housing tax credit allocation pool, including:
(1)  the nonprofit allocation pool;
(2)  the rural projects/prison communities allocation pool;  and
(3)  the general projects allocation pool.
(b)  A qualified nonprofit organization submitting an application under this subchapter must have a controlling interest in a project proposed to be financed with a low income housing tax credit from the nonprofit allocation pool.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.30, eff. Sept. 1, 2001.
Sec. 2306.6730.  ACCESSIBILITY REQUIRED.  A project to which a low income housing tax credit is allocated under this subchapter shall comply with the accessibility standards that are required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), as amended, and specified under 24 C.F.R. Part 8, Subpart C.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
2023 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 2306.6731. Allocation Decision; Reevaluation

Sec. 2306.6731.  ALLOCATION DECISION;  REEVALUATION.  (a)  Department staff shall provide written, documented recommendations to the board concerning the financial or programmatic viability of each application for a low income housing tax credit before the board makes a decision relating to the allocation of tax credits.  The board may not make without good cause an allocation decision that conflicts with the recommendations of department staff.
(b)  Regardless of project stage, the board must reevaluate a project that undergoes a substantial change between the time of initial board approval of the project and the time of issuance of a tax credit commitment for the project.  The board may revoke any tax credit commitment issued for a project that has been unfavorably reevaluated by the board under this subsection.
Added by Acts 1997, 75th Leg., ch. 980, Sec. 49, eff. Sept. 1, 1997.  Renumbered from Sec. 2306.675 and amended by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
2023 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 2306.6733. Representation by Former Board Member or Other Person

Sec. 2306.6733.  REPRESENTATION BY FORMER BOARD MEMBER OR OTHER PERSON.  (a)  A former board member or a former director, deputy director, director of housing programs, director of compliance, director of underwriting, or low income housing tax credit program manager employed by the department may not:
(1)  for compensation, represent an applicant for an allocation of low income housing tax credits or a related party before the second anniversary of the date that the board member's, director's, or manager's service in office or employment with the department ceases;
(2)  represent any applicant or related party or receive compensation for services rendered on behalf of any applicant or related party regarding the consideration of a housing tax credit application in which the former board member, director, or manager participated during the period of service in office or employment with the department, either through personal involvement or because the matter was within the scope of the board member's, director's, or manager's official responsibility;  or
(3)  for compensation, communicate directly with a member of the legislative branch to influence legislation on behalf of an applicant or related party before the second anniversary of the date that the board member's, director's, or manager's service in office or employment with the department ceases.
(b)  A person commits an offense if the person violates this section.  An offense under this section is a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
2023 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 2306.6734. Minority-Owned Businesses

Sec. 2306.6734.  MINORITY-OWNED BUSINESSES.  (a)  The department shall require a person who receives an allocation of housing tax credits to attempt to ensure that at least 30 percent of the construction and management businesses with which the person contracts in connection with the development are minority-owned businesses.
(b)  A person who receives an allocation of housing tax credits must report to the department not less than once in each 90-day period following the date of allocation regarding the percentage of businesses with which the person has contracted that qualify as minority-owned businesses.
(c)  In this section:
(1)  "Minority-owned business" means a business entity at least 51 percent of which is owned by members of a minority group or, in the case of a corporation, at least 51 percent of the shares of which are owned by members of a minority group, and that is managed and controlled by members of a minority group in its daily operations.
(2)  "Minority group" includes:
(A)  women;
(B)  African Americans;
(C)  American Indians;
(D)  Asian Americans;  and
(E)  Mexican Americans and other Americans of Hispanic origin.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
2023 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 2306.6735. Required Lease Agreement Provisions

Sec. 2306.6735.  REQUIRED LEASE AGREEMENT PROVISIONS.  A lease agreement with a tenant in a development supported with a housing tax credit allocation must:
(1)  include any applicable federal or state standards identified by department rule that relate to the termination or nonrenewal of the lease agreement; and
(2)  be consistent with state and federal law.
Added by Acts 2007, 80th Leg., R.S., Ch. 818 (S.B. 1733), Sec. 1, eff. September 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 1341 (S.B. 1908), Sec. 27, eff. September 1, 2007.
For contingent expiration of this section, see Subsection (b)(2).
2023 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 2306.6736. Low Income Housing Tax Credits Financed Under American Recovery and Reinvestment Act of 2009

Sec. 2306.6736.  LOW INCOME HOUSING TAX CREDITS FINANCED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.  (a)  To the extent the department receives federal funds under the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) or any subsequent law (including any extension or renewal thereof) that requires the department to award the federal funds in the same manner and subject to the same limitations as awards of housing tax credits, the following provisions shall apply.
(b)  Any reference in this chapter to the administration of the housing tax credit program shall apply equally to the administration of such federal funds, except:
(1)  the department may establish a separate application procedure for such funds, outside of the uniform application cycle referred to in Section 2306.1111 and the deadlines established in Section 2306.6724, and any reference herein to the application period shall refer to the period beginning on the date the department begins accepting applications for such funds and continuing until all such available funds are awarded;
(2)  unless reauthorized, this section is repealed on August 31, 2011.
Added by Acts 2009, 81st Leg., R.S., Ch. 1019 (H.B. 4275), Sec. 1, eff. June 19, 2009.
2023 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 2306.6737. Assistance From American Recovery and Reinvestment Act of 2009

Sec. 2306.6737.  ASSISTANCE FROM AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009.  If allowed by federal law, the department shall, under any federally funded program resulting from the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), secure the interests of the state through bonds, an ownership interest in property, restrictive covenants filed in the real property records, and/or liens filed on a property for which the applicant has accepted funds until such a time as the department and the State of Texas do not have liability to repay or recapture such funds.
Added by Acts 2009, 81st Leg., R.S., Ch. 1019 (H.B. 4275), Sec. 2, eff. June 19, 2009.
2023 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 2306.6738. Prohibited Practices

Sec. 2306.6738.  PROHIBITED PRACTICES.  (a)  Notwithstanding any other law, a development owner of a development supported with a housing tax credit allocation may not:
(1)  lock out or threaten to lock out any person residing in the development except by judicial process unless the exclusion results from:
(A)  a necessity to perform bona fide repairs or construction work; or
(B)  an emergency; or
(2)  seize or threaten to seize the personal property of any person residing in the development except by judicial process unless the resident has abandoned the premises.
(b)  Each development owner shall:
(1)  include a conspicuous provision in the lease agreement prohibiting the owner from engaging in a practice described by Subsection (a); and
(2)  remove in the manner specified by department rule any provisions in the lease agreement that are contrary to Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 1423 (S.B. 1717), Sec. 2, eff. September 1, 2009.
Redesignated from Government Code, Section 2306.6736 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(23), eff. September 1, 2011.
2023 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 2306.6739. Housing Tax Credits Financed Using Federal Emergency Funds

Sec. 2306.6739.  HOUSING TAX CREDITS FINANCED USING FEDERAL EMERGENCY FUNDS.  (a)  To the extent the department receives federal emergency funds that must be awarded by the department in the same manner as and that are subject to the same limitations as awards of housing tax credits, any reference in this chapter to the administration of the housing tax credit program applies equally to the administration of the federal funds, subject to Subsection (b).
(b)  Notwithstanding any other law, the department may establish a separate application procedure for the federal emergency funds that does not follow the uniform application cycle required by Section 2306.1111 or the deadlines established by Section 2306.6724, and any reference in this chapter to an application period occurring in relation to those federal emergency funds refers to the period beginning on the date the department begins accepting applications for the federal funds and continuing until all of the available federal funds are awarded.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 2.06, eff. September 1, 2013.
2023 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 2306.6740. Designation of Certain Areas as Rural

Sec. 2306.6740.  DESIGNATION OF CERTAIN AREAS AS RURAL.  (a)  The department by rule shall provide for the designation by the department of an area located within the boundaries of a primary metropolitan statistical area or a metropolitan statistical area as a rural area under Section 2306.6702(a)(12)(B) for purposes of receiving housing tax credits administered by the department under this subchapter.
(b)  Rules adopted under this section must:
(1)  provide procedures by which a political subdivision or a census-designated place may apply for a rural designation;
(2)  provide guidelines for designating an area as rural, including specifying:
(A)  conditions under which a rural designation is not appropriate, including the proximity of the area to or the presence of major amenities commonly associated with urban or suburban areas; and
(B)  conditions under which a rural designation is appropriate, including areas with low population density, the proximity of the area to or the absence of major amenities commonly associated with urban or suburban areas, a high level of undeveloped land,  a significant presence of unimproved roads, or significant agricultural activity; and
(3)  ensure that any housing tax credits allocated to a designated rural area comply with applicable federal requirements regarding that assistance.
Added by Acts 2015, 84th Leg., R.S., Ch. 916 (H.B. 74), Sec. 2, eff. September 1, 2015.
2023 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 FF. Owner-Builder Loan Program › Section 2306.751. Definition

Sec. 2306.751.  DEFINITION.  In this subchapter, "owner-builder" means a person, other than a person who owns or operates a construction business:
(1)  who:
(A)  owns or purchases a piece of real property through a warranty deed or a warranty deed and deed of trust;  or
(B)  is purchasing a piece of real property under a contract for deed entered into before January 1, 1999;  and
(2)  who undertakes to make improvements to that property.
Added by Acts 1999, 76th Leg., ch. 1548, Sec. 1, eff. Aug. 30, 1999.
2023 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 FF. Owner-Builder Loan Program › Section 2306.752. Owner-Builder Loan Program

Sec. 2306.752.  OWNER-BUILDER LOAN PROGRAM.  (a)  To provide for the development of affordable housing in this state, the department, through the colonia self-help centers established under Subchapter Z or a nonprofit organization certified by the department as a nonprofit owner-builder housing program, shall make loans for owner-builders to enable them to:
(1)  purchase or refinance real property on which to build new residential housing;
(2)  build new residential housing;  or
(3)  improve existing residential housing.
(b)  The department may adopt rules necessary to accomplish the purposes of this subchapter.
Added by Acts 1999, 76th Leg., ch. 1548, Sec. 1, eff. Aug. 30, 1999.
2023 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 FF. Owner-Builder Loan Program › Section 2306.754. Amount of Loan; Loan Terms

Sec. 2306.754.  AMOUNT OF LOAN;  LOAN TERMS.  (a)  The department may establish the minimum amount of a loan under this subchapter, but a loan made by the department may not exceed $45,000.
(b)  If it is not possible for an owner-builder to purchase necessary real property and build or rehabilitate adequate housing for $45,000, the owner-builder must obtain the amount necessary that exceeds $45,000 from other sources of funds.
(c)  A loan made by the department under this subchapter:
(1)  may not exceed a term of 30 years;
(2)  may bear interest at a fixed rate of not more than three percent or bear interest in the following manner:
(A)  no interest for the first two years of the loan;
(B)  beginning with the second anniversary of the date the loan was made, interest at the rate of one percent a year;
(C)  beginning on the third anniversary of the date the loan was made and ending on the sixth anniversary of the date the loan was made, interest at a rate that is one percent greater than the rate borne in the preceding year; and
(D)  beginning on the sixth anniversary of the date the loan was made and continuing through the remainder of the loan term, interest at the rate of five percent; and
(3)  shall be secured by:
(A)  a first lien by the department on the real property if the loan is the largest amortized, repayable loan secured by the real property; or
(B)  a co-first lien or subordinate lien as determined by department rule, if the loan is not the largest loan as described by Paragraph (A).
(d)  If an owner-builder is purchasing real property under a contract for deed, the department may not disburse any portion of a loan made under this subchapter until the owner-builder:
(1)  fully completes the owner-builder's obligation under the contract and receives a deed to the property;  or
(2)  refinances the owner-builder's obligation under the contract and converts the obligation to a note secured by a deed of trust.
Added by Acts 1999, 76th Leg., ch. 1548, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 2.09, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 5, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1020 (H.B. 1512), Sec. 1, eff. June 15, 2017.
2023 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 FF. Owner-Builder Loan Program › Section 2306.755. Nonprofit Owner-Builder Housing Programs

Sec. 2306.755.  NONPROFIT OWNER-BUILDER HOUSING PROGRAMS.  (a)  The department may certify nonprofit owner-builder housing programs operated by a tax-exempt organization listed under Section 501(c)(3), Internal Revenue Code of 1986, to:
(1)  qualify potential owner-builders for loans under this subchapter;
(2)  provide owner-builder education classes under Section 2306.756;
(3)  assist owner-builders in building or rehabilitating housing; and
(4)  originate or service loans made under this subchapter.
(b)  The department by rule shall adopt procedures for the certification of nonprofit owner-builder housing programs under this section.
Added by Acts 1999, 76th Leg., ch. 1548, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 2.10, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 6, eff. June 19, 2009.
2023 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 FF. Owner-Builder Loan Program › Section 2306.756. Owner-Builder Education Classes

Sec. 2306.756.  OWNER-BUILDER EDUCATION CLASSES.  (a)  A state-certified nonprofit owner-builder housing program shall offer owner-builder education classes to potential owner-builders.  A class under this section must provide information on:
(1)  the financial responsibilities of an owner-builder under this subchapter, including the consequences of an owner-builder's failure to meet those responsibilities;
(2)  the building or rehabilitation of housing by owner-builders;
(3)  resources for low-cost building materials available to owner-builders; and
(4)  resources for building or rehabilitation assistance available to owner-builders.
(b)  A nonprofit owner-builder housing program may charge a potential owner-builder who enrolls in a class under this section a reasonable fee not to exceed $50 to offset the program's costs in providing the class.
Added by Acts 1999, 76th Leg., ch. 1548, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 7, eff. June 19, 2009.
2023 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 FF. Owner-Builder Loan Program › Section 2306.757. Loan Priority for Waiver of Local Government Fees

Sec. 2306.757.  LOAN PRIORITY FOR WAIVER OF LOCAL GOVERNMENT FEES.  In making loans under this subchapter, the department shall give priority to loans to owner-builders who will reside in counties or municipalities that agree in writing to waive capital recovery fees, building permit fees, inspection fees, or other fees related to the building or rehabilitation of the housing to be built or improved with the loan proceeds.
Added by Acts 1999, 76th Leg., ch. 1548, Sec. 1, eff. Aug. 30, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 8, eff. June 19, 2009.
2023 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 FF. Owner-Builder Loan Program › Section 2306.758. Funding

Sec. 2306.758.  FUNDING.  (a)  The department shall solicit gifts and grants to make loans under this subchapter.
(b)  The department may also make loans under this subchapter from:
(1)  available funds in the housing trust fund established under Section 2306.201; and
(2)  federal block grants that may be used for the purposes of this subchapter.
(c)  In a state fiscal year, the department may use not more than 10 percent of the revenue available for purposes of this subchapter to enhance the ability of tax-exempt organizations described by Section 2306.755(a) to implement the purposes of this chapter and to enhance the number of such organizations that are able to implement those purposes.  The department shall use that available revenue to provide financial assistance, technical training, and management support for the purposes of this subsection.
(d)  All money received by the department as part of the owner-builder loan program under this subchapter, including any amount received by the department for payment of the principal of or interest on a loan made under this subchapter, shall be deposited in the housing trust fund established under Section 2306.201 to be used to carry out the purposes of this subchapter. If the money to be received by the department for a state fiscal year for payment of the principal of or interest on a loan made under this subchapter is less than $3 million for a state fiscal year, the department shall use any available source of money in the housing trust fund to ensure that not less than $3 million is used for the owner-builder loan program each state fiscal year.
Added by Acts 1999, 76th Leg., ch. 1548, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 1367, Sec. 2.11, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1365 (S.B. 679), Sec. 9, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 1020 (H.B. 1512), Sec. 2, eff. June 15, 2017.
2023 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 GG. Colonia Model Subdivision Program › Section 2306.781. Definition

Sec. 2306.781.  DEFINITION.  In this subchapter, "program" means the colonia model subdivision program established under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 2.13, eff. Sept. 1, 2001.