2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle C - Planning and Development Provisions Applying to More Than One Type of Local Government › Chapter 392 - Housing Authorities Established by Municipalities and Counties › Subchapter A. General Provisions › Section 392.005. Tax Exemption

Sec. 392.005.  TAX EXEMPTION.  (a)  The property of an authority is public property used for essential public and governmental purposes.  The authority and the authority's property are exempt from all taxes and special assessments of a municipality, a county, another political subdivision, or the state.
(b)  If a municipality, county, or political subdivision furnishes improvements, services, or facilities for a housing project, an authority may, in lieu of paying taxes or special assessments, agree to reimburse in payments to the municipality, county, or political subdivision an amount not greater than the estimated cost to the municipality, county, or political subdivision for the improvements, services, or facilities.
(c)  An exemption under this section for a multifamily residential development which is owned by a housing development corporation or a similar entity created by a housing authority, other than a public facility corporation created by a housing authority under Chapter 303, and which does not have at least 20 percent of its residential units reserved for public housing units, applies only if:
(1)  the authority holds a public hearing, at a regular meeting of the authority's governing body, to approve the development; and
(2)  at least 50 percent of the units in the multifamily residential development are reserved for occupancy by individuals and families earning less than 80 percent of the area median income, adjusted for family size.
(c-1)  An exemption under this section for a multifamily residential development which is owned by a public facility corporation created by a housing authority under Chapter 303 applies only if:
(1)  at least 50 percent of units in the multifamily residential development are reserved for occupancy by individuals and families earning not more than 80 percent of the area median income, adjusted for family size; and
(2)  the development:
(A)  has at least 20 percent of its residential units reserved for public housing units;
(B)  participates in the Rental Assistance Demonstration program administered by the United States Department of Housing and Urban Development;
(C)  receives financial assistance administered under Chapter 1372, Government Code, or receives financial assistance from another type of tax-exempt bond; or
(D)  receives financial assistance administered under Subchapter DD, Chapter 2306, Government Code.
(d)  For the purposes of Subsections (c) and (c-1), a "public housing unit" is a residential unit for which the owner receives a public housing operating subsidy.  It does not include a unit for which payments are made to the landlord under the federal Section 8 Housing Choice Voucher Program.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1493, Sec. 2, eff. Aug. 31, 2002.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1169 (H.B. 2071), Sec. 9, eff. June 18, 2023.