Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013 Page: 6,436
6341-6746 p. ; 28 cm.View a full description of this periodical.
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11.2. Program Calendar for Competitive Housing Tax Credits.
11.3. Housing De-Concentration Factors.
11.4. Tax Credit Request and Award Limits.
11.5. Competitive HTC Set-Asides (2306. 111(d)).
11.6. Competitive HTC Allocation Process.
11.7. Tie Breaker Factors.
11.8. Pre-Application Requirements (Competitive HTC Only).
11.9. Competitive HTC Selection Criteria.
11.10. Challenges of Competitive HTC Applications.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 16,
2013.
TRD-201303991
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: October 27, 2013
For further information, please call: (512) 475-3974
10 TAC 11.1 - 11.10
The Texas Department of Housing and Community Affairs (the
"Department") proposes new 10 TAC Chapter 11, 11.1 - 11.10,
concerning the Housing Tax Credit Allocation Plan. The purpose
of the proposed new sections is to replace the current Qualified
Allocation Plan with a new QAP applicable to the 2014 cycle.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has deter-
mined that, for each year of the first five years the new sections
are in effect, enforcing or administering the new sections do not
have any foreseeable implications related to costs or revenues
of the state or local governments.
PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined
that, for each year of the first five years the new sections are
in effect, the public benefit anticipated as a result of the new
sections will be a rule that encompasses requirements for all
applications applying for housing tax credit funding through the
Department. There will not be any new economic cost to any
individuals required to comply with the new sections.
ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES. The
Department has determined that there will be no new economic
effect on small or micro-businesses.
REQUEST FOR PUBLIC COMMENT. The public comment pe-
riod will be held September 27, 2013, to October 21, 2013, to re-
ceive input on the new sections. Written comments may be sub-
mitted to the Texas Department of Housing and Community Af-
fairs, Teresa Morales, Rule Comments, P.O. Box 13941, Austin,
Texas 78711-3941, or by fax to (512) 475-0764, attn: Teresa
Morales. ALL COMMENTS MUST BE RECEIVED BY 5:00 P.M.
OCTOBER 21, 2013.
STATUTORY AUTHORITY. The new sections are proposed pur-
suant to Texas Government Code 2306.053, which authorizes
the Department to adopt rules. Additionally, the new sections areproposed pursuant to Texas Government Code, 2306.67022,
which specifically authorizes the Department to adopt a quali-
fied allocation plan.
The proposed new sections affect Texas Government Code
Chapter 2306, including Subchapter DD, concerning the Low
Income Housing Tax Credit Program.
11.1. General.
(a) Authority. The rules in this chapter apply to the award-
ing and allocation by the Texas Department of Housing and Commu-
nity Affairs (the "Department") of Housing Tax Credits. The federal
laws providing for the awarding and allocation of Housing Tax Credits
require states to adopt a qualified allocation plan. Pursuant to Texas
Government Code, Chapter 2306, Subchapter DD, the Department is
assigned responsibility for this activity. As required by Internal Rev-
enue Code (the "Code"), 42(m)(1), the Department has developed this
Qualified Allocation Plan (QAP) and it has been duly approved to es-
tablish the procedures and requirements relating to an award and allo-
cation of Housing Tax Credits. All requirements herein and all those
applicable to a Housing Tax Credit Development or an Application un-
der Chapter 10 of this title (relating to Uniform Multifamily Rules), or
otherwise incorporated by reference herein collectively constitute the
QAP required by Texas Government Code, 2306.67022.
(b) Due Diligence and Applicant Responsibility. Department
staff may, from time to time, make available for use by Applicants
information and informal guidance in the form of reports, frequently
asked questions, and responses to specific questions. The Department
encourages communication with staff in order to clarify any issues that
may not be fully addressed in the QAP or be unclear when applied to
specific facts. However, while these resources are offered to help Ap-
plicants prepare and submit accurate information, Applicants should
also appreciate that this type of guidance is limited by its nature and
that staff will apply the rules of the QAP to each specific situation as
it is presented in the submitted Application. Moreover, after the time
that an issue is initially presented and guidance is provided, additional
information may be identified and/or the issue itself may continue to
develop based upon additional research and guidance. Thus, until con-
firmed through final action of the Board, staff guidance must be con-
sidered merely as an aid and an Applicant continues to assume full re-
sponsibility for any actions Applicant takes regarding an Application.
In addition, although the Department may compile data from outside
sources in order to assist Applicants in the Application process, it re-
mains the sole responsibility of the Applicant to perform independently
the necessary due diligence to research, confirm, and verify any data,
opinions, interpretations, or other information upon which an Appli-
cant bases an Application or includes in any submittal in connection
with an Application. These rules may need to be applied to facts and
circumstances not contemplated at the time of their creation and adop-
tion. When and if such situations arise the Board will use a reasonable-
ness standard in evaluating and addressing Applications for Housing
Tax Credits.
(c) Competitive Nature of Program. Applying for competi-
tive housing tax credits is a technical process that must be followed
completely. As a result of the highly competitive nature of applying
for tax credits, an Applicant should proceed on the assumption that
deadlines are fixed and firm with respect to both date and time and
cannot be waived except where authorized and for truly extraordinary
circumstances, such as the occurrence of a significant natural disaster
that makes timely adherence impossible. If an Applicant chooses to
submit by delivering an item physically to the Department, it is the
Applicant's responsibility to be within the Department's doors by the
appointed deadline. Applicants should further ensure that all required
documents are included, legible, properly organized, and tabbed, and38 TexReg 6436 September 27, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013, periodical, September 27, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342084/m1/96/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.