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 Z. Colonias › Section 2306.591. Manufactured Homes Installed in Colonias

Sec. 2306.591.  MANUFACTURED HOMES INSTALLED IN COLONIAS.  (a)  For a manufactured home to be approved for installation and use as a dwelling in a colonia:
(1)  the home must be a HUD-code manufactured home, as defined by Section 1201.003, Occupations Code;
(2)  the home must be habitable, as described by Section 1201.453, Occupations Code; and
(3)  ownership of the home must be properly recorded with the manufactured housing division of the department.
(b)  An owner of a manufactured home is not eligible to participate in a grant loan program offered by the department, including the single-family mortgage revenue bond program under Section 2306.142, unless the owner complies with Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 29, eff. June 18, 2005.
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 AA. Manufactured Housing Division › Section 2306.6001. Definitions

Sec. 2306.6001.  DEFINITIONS.  In this subchapter:
(1)  "Division" means the manufactured housing division.
(2)  "Division director" means the executive director of the division.
(3)  "Manufactured Housing Board" means the governing board of the division.
Renumbered from Sec. 2306.601 and amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6002. Regulation and Enforcement

Sec. 2306.6002.  REGULATION AND ENFORCEMENT.  The department shall administer and enforce Chapter 1201, Occupations Code, through the division.  The Manufactured Housing Board and the division director shall exercise authority and responsibilities assigned to them under that chapter.
Renumbered from Sec. 236.601 and amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, eff. Sept. 1, 2001;  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.784, 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 AA. Manufactured Housing Division › Section 2306.6003. Manufactured Housing Board

Sec. 2306.6003.  MANUFACTURED HOUSING BOARD.  (a)  The Manufactured Housing Board is an independent entity within the department, is administratively attached to the department, and is not an advisory body to the department.
(b)  The Manufactured Housing Board shall carry out the functions and duties conferred on the Manufactured Housing Board by this subchapter and by other law.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6004. Manufactured Housing Board Membership

Sec. 2306.6004.  MANUFACTURED HOUSING BOARD MEMBERSHIP.  (a)  The Manufactured Housing Board consists of five public members appointed by the governor.
(b)  A person is eligible to be appointed as a public member of the Manufactured Housing Board if the person is a citizen of the United States and a resident of this state.
(c)  A person may not be a member of the Manufactured Housing Board if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in the field of manufactured housing;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the division;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the division;  or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the division other than compensation or reimbursement authorized by law for Manufactured Housing Board membership, attendance, or expenses.
(d)  Appointments to the Manufactured Housing Board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6005. Conflict of Interest

Sec. 2306.6005.  CONFLICT OF INTEREST.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the Manufactured Housing Board and may not be a division employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of manufactured housing;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of manufactured housing.
(c)  A person may not be a member of the Manufactured Housing Board or act as the general counsel to the Manufactured Housing Board or the division if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the division.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6006. Terms; Vacancy

Sec. 2306.6006.  TERMS;  VACANCY.  (a)  The members of the Manufactured Housing Board serve staggered six-year terms, with the terms of one or two members expiring on January 31 of each odd-numbered year.
(b)  A person may not serve two consecutive full six-year terms as a member of the Manufactured Housing Board.
(c)  If a vacancy occurs during a member's term, the governor shall appoint a new member to fill the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6007. Presiding Officer

Sec. 2306.6007.  PRESIDING OFFICER.  The governor shall designate a member of the Manufactured Housing Board as the presiding officer of the Manufactured Housing Board to serve in that capacity at the will of the governor.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6008. Grounds for Removal

Sec. 2306.6008.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the Manufactured Housing Board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 2306.6004(b);
(2)  does not maintain during service on the Manufactured Housing Board the qualifications required by Section 2306.6004(b);
(3)  is ineligible for membership under Section 2306.6004(c) or 2306.6005;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled Manufactured Housing Board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the Manufactured Housing Board.
(b)  The validity of an action of the Manufactured Housing Board is not affected by the fact that it is taken when a ground for removal of a Manufactured Housing Board member exists.
(c)  If the division director has knowledge that a potential ground for removal exists, the division director shall notify the presiding officer of the Manufactured Housing Board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the division director shall notify the next highest ranking officer of the Manufactured Housing Board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6009. Reimbursement

Sec. 2306.6009.  REIMBURSEMENT.  A Manufactured Housing Board member may not receive compensation, but may be reimbursed for actual travel expenses, including expenses for meals, lodging, and transportation.  A Manufactured Housing Board member is entitled to reimbursement for transportation expenses as provided by the General Appropriations Act.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6010. Meetings

Sec. 2306.6010.  MEETINGS.  (a)  The Manufactured Housing Board shall have regular meetings as the majority of the members may specify and special meetings at the request of the presiding officer, any two members, or the division director.
(b)  Reasonable notice of all meetings shall be given as prescribed by Manufactured Housing Board rules.
(c)  The presiding officer shall preside at all meetings of the Manufactured Housing Board.  In the absence of the presiding officer, the members present shall select one of the members to preside at the meeting.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6011. Training

Sec. 2306.6011.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the Manufactured Housing Board may not vote, deliberate, or be counted as a member in attendance at a meeting of the Manufactured Housing Board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the division and the Manufactured Housing Board;
(2)  the programs operated by the division;
(3)  the role and functions of the division;
(4)  the rules of the division, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the division;
(6)  the results of the most recent formal audit of the division;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551;
(B)  the public information law, Chapter 552;
(C)  the administrative procedure law, Chapter 2001;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;  and
(8)  any applicable ethics policies adopted by the division or the Texas Ethics Commission.
(c)  A person appointed to the Manufactured Housing Board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6012. Appropriations; Donations

Sec. 2306.6012.  APPROPRIATIONS;  DONATIONS.  (a)  The legislature shall separately appropriate money to the Manufactured Housing Board within the appropriations to the department for all matters relating to the operation of the division.
(b)  The Manufactured Housing Board may accept gifts and grants of money or property under this subchapter and shall spend the money and use the property for the purpose for which the donation was made, except that the expenditure of money or use of property must promote the acceptance of HUD-Code manufactured homes as a viable source of housing for very low, low, and moderate income families.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6013. Budget; Sharing of Department Personnel, Equipment, and Facilities

Sec. 2306.6013.  BUDGET;  SHARING OF DEPARTMENT PERSONNEL, EQUIPMENT, AND FACILITIES.  (a)  The Manufactured Housing Board shall develop a budget for the operations of the department relating to the division.
(b)  The Manufactured Housing Board shall reduce administrative costs by entering into an agreement with the department to enable the sharing of department personnel, equipment, and facilities.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6014. Division Director

Sec. 2306.6014.  DIVISION DIRECTOR.  (a)  The Manufactured Housing Board shall employ the division director.  The division director is the Manufactured Housing Board's chief executive and administrative officer.
(b)  The division director is charged with administering, enforcing, and carrying out the functions and duties conferred on the division director by this subchapter and by other law.
(c)  The division director serves at the pleasure of the Manufactured Housing Board.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6015. Personnel

Sec. 2306.6015.  PERSONNEL.  The division director may employ staff as necessary to perform the work of the division and may prescribe their duties and compensation.  Subject to applicable personnel policies and regulations, the division director may remove any division employee.
Added by Acts 1995, 74th Leg., ch. 978, Sec. 24, eff. Sept. 1, 1995.  Renumbered from Sec. 2306.602 and amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6016. Separation of Responsibilities

Sec. 2306.6016.  SEPARATION OF RESPONSIBILITIES.  The Manufactured Housing Board shall develop and implement policies that clearly separate the policy-making responsibilities of the Manufactured Housing Board and the management responsibilities of the division director and staff of the division.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6017. Standards of Conduct

Sec. 2306.6017.  STANDARDS OF CONDUCT.  The division director or the division director's designee shall provide to members of the Manufactured Housing Board and to division employees, as often as necessary, information regarding the requirements for office or employment under this subchapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6018. Equal Employment Opportunity

Sec. 2306.6018.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The division director or the division director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the division to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the division's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  The policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1);  and
(3)  be filed with the governor's office.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6020. Rules

Sec. 2306.6020.  RULES.  (a)  The Manufactured Housing Board shall adopt rules as necessary to implement this subchapter and to administer and enforce the manufactured housing program through the division.  Rules adopted by the Manufactured Housing Board are subject to Chapter 2001.
(b)  The Manufactured Housing Board may not adopt rules restricting competitive bidding or advertising by a person regulated by the division except to prohibit false, misleading, or deceptive practices by that person.
(c)  The Manufactured Housing Board may not include in the rules to prohibit false, misleading, or deceptive practices by a person regulated by the division a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the person's personal appearance or the use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement used by the person;  or
(4)  restricts the use of a trade name in advertising by the person.
Added by Acts 1995, 74th Leg., ch. 978, Sec. 24, eff. Sept. 1, 1995.  Renumbered from Sec. 2306.603 and amended by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6021. Public Participation

Sec. 2306.6021.  PUBLIC PARTICIPATION.  The Manufactured Housing Board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the Manufactured Housing Board and to speak on any issue under the jurisdiction of the division.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, 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 AA. Manufactured Housing Division › Section 2306.6022. Complaints

Sec. 2306.6022.  COMPLAINTS.  (a)  The division shall maintain a file on each written complaint filed with the division.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the division;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the division closed the file without taking action other than to investigate the complaint.
(b)  The division shall make available on its website the division's policies and procedures relating to complaint investigation and resolution and shall provide copies of such information on request.
(c)  The division, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
(d)  Unless otherwise confidential by law, the records of a license holder or other person that are required or obtained by the division or its agents or employees in connection with the investigation of a complaint are subject to the requirements of Chapter 552.
(e)  The division director may allow an authorized employee of the division to dismiss a complaint if an investigation demonstrates that:
(1)  a violation did not occur; or
(2)  the subject of the complaint is outside the division's jurisdiction under this subchapter.
(f)  An employee who dismisses a complaint under Subsection (e) shall report the dismissal to the division director and the board.  The report must include a sufficient explanation of the reason the complaint was dismissed.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 1.29, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 64, eff. January 1, 2008.
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.01, 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 AA. Manufactured Housing Division › Section 2306.6023. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 2306.6023.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The division shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of division rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the division's jurisdiction.
(b)  The division's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The division shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.02, 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 2306.6701. Purpose

Sec. 2306.6701.  PURPOSE.  The department shall administer the low income housing tax credit program to:
(1)  encourage the development and preservation of appropriate types of rental housing for households that have difficulty finding suitable, affordable rental housing in the private marketplace;
(2)  maximize the number of suitable, affordable residential rental units added to the state's housing supply;
(3)  prevent losses for any reason to the state's supply of suitable, affordable residential rental units by enabling the rehabilitation of rental housing or by providing other preventive financial support under this subchapter;  and
(4)  provide for the participation of for-profit organizations and provide for and encourage the participation of nonprofit organizations in the acquisition, development, and operation of affordable housing developments in urban and rural communities.
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 2306.67021. Applicability of Subchapter

Sec. 2306.67021.  APPLICABILITY OF SUBCHAPTER.  Except as provided by Sections 2306.6703 and 2306.67071, this subchapter does not apply to the allocation of housing tax credits to developments financed through the private activity bond program.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 2.01, 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 2306.67022. Qualified Allocation Plan; Manual

Sec. 2306.67022.  QUALIFIED ALLOCATION PLAN; MANUAL.  (a)  At least biennially, the board shall adopt a qualified allocation plan and a corresponding manual to provide information regarding the administration of and eligibility for the low income housing tax credit program.  The board may adopt the plan and manual annually, as considered appropriate by the board.
(b)  The board shall adjust to reflect inflation any amount specified in the qualified allocation plan relating to the acceptable cost of a development by square foot. The board shall use 2021 as the base year for the adjustment.
(c)  In making the computation under Subsection (b), the board shall consider the Consumer Price Index for All Urban Consumers, or its successor in function, published by the United States Bureau of Labor Statistics.
Added 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. 74.03, eff. September 28, 2011.
Acts 2023, 88th Leg., R.S., Ch. 883 (H.B. 4550), Sec. 1, 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 2306.6704. Preapplication Process

Sec. 2306.6704.  PREAPPLICATION PROCESS.  (a)  To prevent unnecessary filing costs, the department by rule shall establish a voluntary preapplication process to enable a preliminary assessment of an application proposed for filing under this subchapter.
(b)  The department shall award in the application evaluation process described by Section 2306.6710 an appropriate number of points as an incentive for participation in the preapplication process established under this section.
(b-1)  The preapplication process must require the applicant to provide the department with evidence that the applicant has notified the following entities with respect to the filing of the application:
(1)  any neighborhood organizations on record with the state or county in which the development is to be located and whose boundaries contain the proposed development site;
(2)  the superintendent and the presiding officer of the board of trustees of the school district containing the development;
(3)  the presiding officer of the governing body of any municipality containing the development and all elected members of that body;
(4)  the presiding officer of the governing body of the county containing the development and all elected members of that body;  and
(5)  the state senator and state representative of the district containing the development.
(c)  The department shall reject and return to the applicant any application assessed by the department under this section that fails to satisfy the threshold criteria required by the board in the qualified allocation plan.
(d)  If feasible under Section 2306.67041, an application under this section must be submitted electronically.
Added by Acts 2001, 77th Leg., ch. 1367, Sec. 8.01, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 330, Sec. 19, 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 2306.67041. On-Line Application System

Sec. 2306.67041.  ON-LINE APPLICATION SYSTEM.  (a)  The department and the Department of Information Resources shall cooperate to evaluate the feasibility of an on-line application system for the low income housing tax credit program to provide the following functions:
(1)  filing of preapplications and applications on-line;
(2)  posting of on-line preapplication or application status and the application log detailing the status of, and department's evaluations and scores pertaining to, those applications;  and
(3)  posting of comments from applicants and the public regarding a preapplication or application.
(b)  The department shall determine the process for allowing access to on-line preapplications and applications, information related to those applications, and department decisions relating to those applications.
(c)  In the application cycle following the date any on-line application system becomes operational, the department shall require use of the system for submission of preapplications and applications under this subchapter.
(d)  The department shall publish a status report on the implementation of the on-line application on the department's website not later than January 1, 2002.
(e)  Before the implementation of the on-line application system, the department may implement the requirements of Section 2306.6717 in any manner the department considers appropriate.
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 2306.67055. Market Analysis

Sec. 2306.67055.  MARKET ANALYSIS.  (a)  A market analysis submitted in conjunction with an application for housing tax credits must:
(1)  be prepared by a market analyst approved by the department;  and
(2)  include an assessment of other developments that are supported by housing tax credits within the market area.
(b)  The department, through the qualified allocation plan, shall develop:
(1)  a process for approving market analysts;  and
(2)  a methodology for determining the market area to be examined in a market analysis.
Added by Acts 2003, 78th Leg., ch. 330, Sec. 21, 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 2306.6706. Additional Application Requirement: Nonprofit Set-Aside Allocation

Sec. 2306.6706.  ADDITIONAL APPLICATION REQUIREMENT:  NONPROFIT SET-ASIDE ALLOCATION.  (a)  In addition to the information required by Section 2306.6705, an application for a housing tax credit allocation from the nonprofit set-aside, as defined by Section 42(h)(5), Internal Revenue Code of 1986 (26 U.S.C. Section 42(h)(5)), must contain the following written, detailed information with respect to each development owner and each general partner of a development owner:
(1)  Internal Revenue Service documentation of designation as a Section 501(c)(3) or 501(c)(4) organization;
(2)  evidence that one of the exempt purposes of the nonprofit organization is to provide low income housing;
(3)  a description of the nonprofit organization's participation in the construction or rehabilitation of the development and in the ongoing operations of the development;
(4)  evidence that the nonprofit organization prohibits a member of its board of directors, other than a chief staff member serving concurrently as a member of the board, from receiving material compensation for service on the board;
(5)  a third-party legal opinion stating that the nonprofit organization is not affiliated with or controlled by a for-profit organization and the basis for that opinion;
(6)  a copy of the nonprofit organization's most recent audited financial statement;
(7)  a list of the names and home addresses of members of the board of directors of the nonprofit organization;
(8)  a third-party legal opinion stating that the nonprofit organization is eligible under Subsection (b) for a housing tax credit allocation from the nonprofit set-aside and the basis for that opinion;  and
(9)  evidence that a majority of the members of the nonprofit organization's board of directors principally reside:
(A)  in this state, if the development is located in a rural area;  or
(B)  not more than 90 miles from the development in the community in which the development is located, if the development is not located in a rural area.
(b)  To be eligible for a housing tax credit allocation from the nonprofit set-aside, a nonprofit organization must:
(1)  control a majority of the development;
(2)  if the organization's application is filed on behalf of a limited partnership, be the managing general partner;  and
(3)  otherwise meet the requirements of Section 42(h)(5), Internal Revenue Code of 1986 (26 U.S.C. Section 42(h)(5)).
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 2306.6707. Additional Application Requirement: Disclosure of Interested Persons

Sec. 2306.6707.  ADDITIONAL APPLICATION REQUIREMENT:  DISCLOSURE OF INTERESTED PERSONS.  (a)  The applicant must disclose in the application the names of any persons, including affiliates of those persons and related parties, providing developmental or operational services to the development, including:
(1)  a development owner;
(2)  an architect;
(3)  an attorney;
(4)  a tax professional;
(5)  a property management company;
(6)  a consultant;
(7)  a market analyst;
(8)  a tenant services provider;
(9)  a syndicator;
(10)  a real estate broker or agent or a person receiving a fee in connection with services usually provided by a real estate broker or agent;
(11)  at the time the application is submitted, the owners of the property on which the development is located;
(12)  a developer;  and
(13)  a builder or general contractor.
(b)  For each person described by Subsection (a), the application must disclose any company name, company contact person, address, and telephone number.
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 2306.67071. 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.
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 2306.6708. 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.
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 2306.6709. 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.
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 2306.6712. 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.