HBA-SEB H.B. 3655 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3655
By: Oliveira
Urban Affairs
4/1/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Department of Housing and Community Affairs divides the state
into 10 planning regions called Comprehensive Housing Affordability
Strategy (CHAS) regions.  Currently, none of these regions have a central
review board responsible for administering federal low income housing tax
credits.  Such a design would allow each CHAS region to strategically plan
for addressing the region's housing needs.  H.B. 3655 establishes a review
panel for each CHAS region in order to address housing needs in each region
and to propose an allocation plan for each region's share of low income
housing tax credits.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter BB, Chapter 2306, Government Code, as added
by Chapter 980, Acts of the 75th Legislature, Regular Session, 1997, by
adding Section 2306.6705, as follows: 

Sec. 2306.6705.  DEFINITIONS.  Defines "region" as a geographical region in
this state identified in the state low income housing plan.  Defines
"review panel" as a tax credit review panel established under this
subchapter (Low Income Housing Tax Credit Program). 

SECTION 2.  Amends Section 2306.671, Government Code, as follows:

Sec. 2306.671.  New title:  QUALIFIED ALLOCATION PLAN.  Provides that the
qualified allocation plan must state that low income housing tax credits
shall be allocated to a region based on the population of the region.  The
Texas Department of Housing and Community Affairs (TDHCA) uses the
qualified allocation plan to set criteria and priorities for the allocation
of tax credits.  Deletes existing text regarding the application process
for a low income housing tax credit.  Deletes existing text requiring the
governing board of TDHCA (board) to issue a commitment for allocation of
the credit.  Deletes exiting title which read, "DEADLINES FOR ALLOCATION OF
LOW INCOME HOUSING TAX CREDITS." Makes conforming changes. 

SECTION 3.  Amends Subchapter BB, Chapter 2306, Government Code, as added
by Chapter 980, Acts of the 75th Legislature, Regular Session, 1997, by
adding Section 2306.6715, as follows: 

Sec. 2306.6715.  REVIEW PANEL.  (a)  Authorizes a region to establish a tax
credit review panel to propose an allocation plan for the region's share of
low income housing tax credits on a majority vote of the state
representatives whose districts cover part of the region.   

(b)  Provides that a review panel consists of nine members appointed by a
majority vote of those state representatives.  Establishes that the members
serve staggered two-year terms, with four or five members' terms expiring
February 1 of each year.  Prohibits a member from receiving compensation
for the member's service on the review panel. Prohibits a member from
applying for a low income housing tax credit proposed for  allocation by
the review panel during the member's term and through two years following
the member's term.   

(c)  Requires an applicant to apply by May 15 for low income housing tax
credit to the review panel established by the region in which the property
proposed for development is located.  Requires the applicant to apply to
TDHCA if a review panel has not been established for that region. 

(d)  Requires each region to submit a proposed allocation plan to the board
by June 30. Requires TDHCA to allocate a region's share of tax credits to
regions that make timely submissions if the region does not submit the
proposed plan on or before that date. 

(e)  Requires the board to approve each region's proposed allocation plan
unless the proposed plan violates state or federal law, in which event the
board is required to direct TDHCA to develop an alternative allocation plan
for the region. 

(f)  Requires TDHCA, by July 31, to allocate a region's share of tax
credits to qualified applicants who apply to develop property located in
that region if the region does not establish a review panel. 

(g)  Requires the board to approve or disapprove a review panel's proposed
allocation of low income housing tax credits each year in accordance with
the qualified allocation plan by July 31.   

SECTION 4.  Amends Section 2306.672, Government Code, to require TDHCA to
publish in a qualified allocation plan any discretionary factor that TDHCA
will consider in evaluating a review panel's proposed allocation plan or in
scoring an application.  Makes conforming and nonsubstantive changes.   

SECTION 5.  Amends Section 2306.675, Government Code, as follows:

Sec. 2306.675.  New title:  WAITING LIST.  Requires the review panel or
board, as applicable, to establish a waiting list of additional
applications, ranked in descending order by priority, to be allocated tax
credits if additional credits become available.  Deletes existing text
regarding the process of allocating low income housing tax credits.
Deletes existing title which read, "ALLOCATION OF LOW INCOME HOUSING TAX
CREDIT."  Makes conforming changes. 

SECTION 6.  Amends Section 2306.677, Government Code, to make conforming
and nonsubstantive changes. 

SECTION 7.  Amends Section 2306.678(b), Government Code, to require TDHCA
to hold at least three public hearings in each region, rather than in
different regions, of the state to receive public comments on low income
housing tax credit applications.   

SECTION 8.  Makes application of this Act prospective.

SECTION 9.  Effective date: September 1, 1999.

SECTION 10.  Emergency clause.