89R5092 JAM-D     By: Johnson S.B. No. 234       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the workforce housing program by   the Texas Department of Housing and Community Affairs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter K, Chapter 2306, Government Code, is   amended by adding Section 2306.2595 to read as follows:          Sec. 2306.2595.  WORKFORCE HOUSING PROGRAM. (a) In this   section:                (1)  "Fund" means the workforce housing fund.                (2)  "Mezzanine real estate loan" has the meaning   assigned by Section 425.1185, Insurance Code.                (3)  "Program" means the workforce housing program.          (b)  The department shall establish the workforce housing   program to provide financial assistance to developers of   multifamily housing to facilitate the construction and   rehabilitation of eligible workforce housing developments in this   state. Financial assistance may be awarded for the purposes   described by this section from the fund described by Subsection (f)   to developers in the form of low-interest loans offered below   market rate, which:                (1)  must be structured as mezzanine real estate loans;   and                (2)  may not exceed 20 percent of the initial   construction or rehabilitation costs of the eligible development.          (c)  To be eligible for the financial assistance received by   a developer under the program, a workforce housing development:                (1)  must consist of new construction or a substantial   rehabilitation of an existing facility;                (2)  must reserve a specified percentage of the units   in the development for occupancy of individuals and families   earning:                      (A)  not more than 50 percent of the area median   income, adjusted for family size;                      (B)  not more than 60 percent of the area median   income, adjusted for family size;                      (C)  not more than 80 percent of the area median   income, adjusted for family size;                      (D)  not more than 100 percent of the area median   income, adjusted for family size; and                      (E)  not more than 120 percent of the area median   income, adjusted for family size;                (3)  for an income-restricted unit, may not charge rent   in an amount that exceeds 30 percent of the monthly income   restriction applicable to that unit under Subdivision (2); and                (4)  must maintain the affordability requirements   described by Subdivisions (2) and (3) for a period of not less than   20 years following the date of receipt of financial assistance   under this section.          (d)  The department shall adopt rules to implement the   program, including rules that:                (1)  provide criteria for determining which developers   and workforce housing developments may participate in the program;                (2)  specify the percentage of units that a development   must reserve to satisfy the affordability requirements under   Subsection (c)(2), to demonstrate eligibility for financial   assistance awarded to developers under the program; and                (3)  provide a scoring system to prioritize the   developments for which developers may use financial assistance   under the program.          (e)  The scoring system established under Subsection (d)(3)   must give priority to workforce housing developments that reserve a   greater number of units for lower area median incomes and must award   higher value loans to developers for eligible developments in   proportion to the affordability of the developments.          (f)  The workforce housing fund is a special account in the   state treasury. The fund consists of:                (1)  money appropriated to the board for a purpose of   the fund;                (2)  repayment of principal and interest from loans   made from the fund;                (3)  money the board transfers to the fund from any   available source;                (4)  depository interest allocable to the fund and   other investment returns on money in the fund;                (5)  money from gifts, grants, or donations to the   fund; and                (6)  any other fees or sources of revenue that the   legislature may dedicate for deposit to the fund.          (g)  Financial assistance provided from the fund to a   developer for an eligible workforce housing development must be   spent by the recipient on the development not later than 36 months   after the date the assistance is received.          (h)  Money provided from the fund that is not spent as   required by Subsection (g) must be returned to the department and   deposited to the credit of the fund.          SECTION 2.  This Act takes effect September 1, 2025.