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  H.B. No. 4275
 
 
 
 
AN ACT
  relating to the application process and scoring for the low income
  housing tax credit program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter DD, Chapter 2306, Government Code, is
  amended by adding Section 2306.6736 to read as follows:
         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               (2)  unless reauthorized, this section is repealed on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.
         SECTION 2.  Subchapter DD, Chapter 2306, Government Code, is
  amended by adding Section 2306.6737 to read as follows:
         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.
         SECTION 3.  It is the intent of the legislature that the
  passage by the 81st Legislature, Regular Session, 2009, of another
  bill that amends Chapter 2306, Government Code, and the amendments
  made by this Act shall be harmonized, if possible, as provided by
  Section 311.025(b), Government Code, so that effect may be given to
  each.  If the amendments made by this Act to Chapter 2306,
  Government Code, and the amendments made to Chapter 2306,
  Government Code, by any other bill are irreconcilable, it is the
  intent of the legislature that this Act prevail, regardless of the
  relative dates of enactment of this Act and the other bill or bills,
  but only to the extent that any differences are irreconcilable.
         SECTION 4.  The changes in law made by this Act relating to
  the evaluation of applications for financial assistance
  administered by the Texas Department of Housing and Community
  Affairs apply only to an application submitted on or after the
  effective date of this Act.  An application submitted before the
  effective date of this Act is governed by the law in effect when the
  application was submitted, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4275 was passed by the House on May 5,
  2009, by the following vote:  Yeas 140, Nays 4, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 4275 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 4275 on May 31, 2009, by the following vote:  Yeas 139,
  Nays 6, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4275 was passed by the Senate, with
  amendments, on May 27, 2009, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  4275 on May 31, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor