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AN ACT
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relating to the application process and scoring for the low income |
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housing tax credit program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter DD, Chapter 2306, Government Code, is |
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amended by adding Section 2306.6736 to read as follows: |
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Sec. 2306.6736. LOW INCOME HOUSING TAX CREDITS FINANCED |
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UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. (a) To the |
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extent the department receives federal funds under the American |
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Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) or any |
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subsequent law (including any extension or renewal thereof) that |
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requires the department to award the federal funds in the same |
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manner and subject to the same limitations as awards of housing tax |
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credits, the following provisions shall apply. |
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(b) Any reference in this chapter to the administration of |
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the housing tax credit program shall apply equally to the |
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administration of such federal funds, except: |
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(1) the department may establish a separate |
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application procedure for such funds, outside of the uniform |
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application cycle referred to in Section 2306.1111 and the |
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deadlines established in Section 2306.6724, and any reference |
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herein to the application period shall refer to the period |
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beginning on the date the department begins accepting applications |
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for such funds and continuing until all such available funds are |
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awarded; |
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(2) unless reauthorized, this section is repealed on |
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August 31, 2011. |
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SECTION 2. Subchapter DD, Chapter 2306, Government Code, is |
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amended by adding Section 2306.6737 to read as follows: |
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Sec. 2306.6737. ASSISTANCE FROM AMERICAN RECOVERY AND |
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REINVESTMENT ACT OF 2009. If allowed by federal law, the department |
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shall, under any federally funded program resulting from the |
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American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5), |
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secure the interests of the state through bonds, an ownership |
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interest in property, restrictive covenants filed in the real |
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property records, and/or liens filed on a property for which the |
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applicant has accepted funds until such a time as the department and |
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the State of Texas do not have liability to repay or recapture such |
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funds. |
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SECTION 3. It is the intent of the legislature that the |
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passage by the 81st Legislature, Regular Session, 2009, of another |
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bill that amends Chapter 2306, Government Code, and the amendments |
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made by this Act shall be harmonized, if possible, as provided by |
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Section 311.025(b), Government Code, so that effect may be given to |
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each. If the amendments made by this Act to Chapter 2306, |
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Government Code, and the amendments made to Chapter 2306, |
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Government Code, by any other bill are irreconcilable, it is the |
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intent of the legislature that this Act prevail, regardless of the |
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relative dates of enactment of this Act and the other bill or bills, |
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but only to the extent that any differences are irreconcilable. |
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SECTION 4. The changes in law made by this Act relating to |
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the evaluation of applications for financial assistance |
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administered by the Texas Department of Housing and Community |
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Affairs apply only to an application submitted on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect when the |
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application was submitted, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4275 was passed by the House on May 5, |
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2009, by the following vote: Yeas 140, Nays 4, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 4275 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 4275 on May 31, 2009, by the following vote: Yeas 139, |
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Nays 6, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4275 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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4275 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |