Bill Text: TX HB2405 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the allocation of low income housing tax credits to developments in certain areas designated as rural.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-12 - Returned to Calendars Committee [HB2405 Detail]
Download: Texas-2017-HB2405-Introduced.html
| 85R6932 JAM-D | ||
| By: González of El Paso | H.B. No. 2405 | |
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| relating to the allocation of low income housing tax credits to | ||
| developments in certain areas designated as rural. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 2306.6740, Government Code, is amended | ||
| to read as follows: | ||
| Sec. 2306.6740. DESIGNATION OF CERTAIN AREAS AS RURAL. | ||
| (a) The department by rule shall: | ||
| (1) 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; and | ||
| (2) designate the site of a proposed or existing | ||
| development as a rural area under Section 2306.6702(a)(12)(B) for | ||
| purposes of receiving housing tax credits allocated by the | ||
| department under Sections 2306.111(d-2) and (d-3) if the | ||
| development, before September 1, 2013, has been awarded or has | ||
| received financial assistance under Section 514, 515, or 516 of the | ||
| Housing Act of 1949 (42 U.S.C. Section 1484, 1485, or 1486). | ||
| (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 under Subsection (a)(1); | ||
| (2) provide guidelines for designating an area as | ||
| rural under Subsection (a)(1), 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 described by Subsection (a)(1) or (2) comply | ||
| with applicable federal requirements regarding that assistance. | ||
| (c) The department shall remove a rural area designation | ||
| under this section on receipt of a request submitted on behalf of | ||
| the affected political subdivision, census-designated place, or | ||
| development site, as applicable. | ||
| SECTION 2. Section 2306.111(d-4), Government Code, is | ||
| repealed. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the Texas Department of Housing and Community Affairs | ||
| shall adopt rules to implement the changes in law made by this Act. | ||
| SECTION 4. 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, 2017. | ||
