HBA-CMT H.B. 3363 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3363
By: Menendez
Urban Affairs
4/2/2001
Introduced



BACKGROUND AND PURPOSE 

Tax-exempt multifamily housing bonds are an important financing tool for
the development of affordable housing.  Currently, one of the three types
of tax-exempt multifamily bonds is allocated at the state level. On a
statewide basis, first priority is now given to projects in which all units
are rent restricted to be affordable to families earning 50 percent or less
of the area median family income (AMFI).  Second priority is given to
projects that are affordable to families earning 60 percent or less AMFI.
Third priority is given to all other projects, including mixed-income
projects.  The intent was to target funds to serve low-income populations.
However, projects in high median income areas can charge higher rents and
still qualify as first or second priority projects.  Conversely, rent
restrictions in low median income areas may push rents too low to cover
development and construction costs.  House Bill 3363 authorizes projects in
each service region of the state to compete within the region for bonds
first, and if there is not sufficient demand for the bonds the funds will
be returned to the statewide pool for allocation according to the
established priority system. 

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. 

ANALYSIS

House Bill 3363 amends the Government Code to provide that after January 1,
one-quarter of the portion of the state ceiling that is available
exclusively for reservations by issuers of qualified residential rental
project bonds is available exclusively to the Texas Department of Housing
and Community Affairs (TDHCA) for the purpose of issuing qualified
residential rental project bonds throughout the uniform state service
regions.   

The bill provides that after January 1, the remainder of the state ceiling
available exclusively for use by issuers of qualified residential rental
project bonds is required to be allocated  throughout the uniform state
service regions according to a formula based on the population of each
uniform state service region, with priority given to reservations by
issuers of qualified residential rental project bonds.  On or after July 1,
any unreserved portion of the remainder of the state ceiling is required to
become available to any issuer of any qualified residential rental project
bonds requiring an allocation.  The bill sets forth required priorities of
the Bond Review Board (board) in granting reservations to issuers of
qualified residential rental project bonds. The bill prohibits the board
from reserving a portion of the state ceiling for a first or second
priority project unless the board receives evidence that an application has
been filed with the TDHCA for the low-income housing tax credit that is
available for multifamily transactions that are at least 51 percent
financed by taxexempt private activity bonds.    

EFFECTIVE DATE

September 1, 2001.