87R11503 JAM-F     By: Johnson S.B. No. 1753       A BILL TO BE ENTITLED   AN ACT   relating to low income housing tax credits administered by the   Texas Department of Housing and Community Affairs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 2306.256, Government Code, is amended by   amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  Through the program, the department shall:                (1)  maintain data on housing projected to lose its   affordable status;                (2)  develop policies necessary to ensure the   preservation of affordable housing in this state;                (3)  advise other program areas with respect to the   policies; [and]                (4)  assist those other program areas in implementing   the policies;                (5)  create for developments that have received an   allocation of low income housing tax credits a comprehensive   preservation strategy that includes:                      (A)  the identification of developments at risk of   withdrawing from the low income housing tax credit program in the   next two years and five years;                      (B)  a system for prioritizing developments for   preservation; and                      (C)  policy and funding strategies for preserving   developments prioritized under the system described by Paragraph   (B); and                (6)  with respect to developments described by   Subdivision (5), adopt and implement an affirmative marketing   strategy for identifying and securing commitments from qualified   entities who will maintain affordable housing options in   developments when the owner of the development applies for a   qualified contract or notifies the department under Section   2306.6726 of the owner's intent to sell the development.          (c)  The department's marketing strategy under Subsection   (b)(6) must include a process for:                (1)  affirmatively developing and maintaining a list of   qualified entities, as that term is defined in Section 2306.6726;   and                (2)  contacting qualified entities, through a means   other than e-mail or general postings on the department's website,   to inform the entities of opportunities to purchase and preserve   affordable housing.          SECTION 2.  Section 2306.6717(a), Government Code, is   amended to read as follows:          (a)  Subject to Section 2306.67041, the department shall   make the following items available on the department's website:                (1)  as soon as practicable, any proposed application   submitted through the preapplication process established by this   subchapter;                (2)  before the 30th day preceding the date of the   relevant board allocation decision, except as provided by   Subdivision (3), the entire application, including all supporting   documents and exhibits, the application log, a scoring sheet   providing details of the application score, and any other document   relating to the processing of the application;                (3)  not later than the third working day after the date   of the relevant determination, the results of each stage of the   application process, including the results of the application   scoring and underwriting phases and the allocation phase;                (4)  before the 15th day preceding the date of board   action on the amendment, notice of an amendment under Section   2306.6712 and the recommendation of the director and monitor   regarding the amendment; [and]                (5)  an appeal filed with the department or board under   Section 2306.0504 or 2306.6715 and any other document relating to   the processing of the appeal; and                (6)  the land use restriction agreement, including any   amendments to the agreement, for each housing tax credit property   subject to such an agreement.          SECTION 3.  Not later than January 15, 2022, the Texas   Department of Housing and Community Affairs shall adopt rules as   necessary to implement the changes in law made by this Act.          SECTION 4.  The Texas Department of Housing and Community   Affairs is required to implement a provision of this Act only if the   legislature appropriates money specifically for that purpose. If   the legislature does not appropriate money specifically for that   purpose, the Texas Department of Housing and Community Affairs may,   but is not required to, implement a provision of this Act using   other appropriations available for that purpose.          SECTION 5.  This Act takes effect September 1, 2021.