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2023-050 House Bill 2071 Summary and Analysis August 4,2023 Report No. 2023-050 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: House Bill 2071 Summary and Analysis BACKGROUND: On July 25, 2023, City staff and the City's state legislative consultants, Jackson Walker, provided an update on the 88th Session of the Texas Legislature. During that discussion, Council Member Watts inquired if staff would provide a summary and analysis of House Bill(H.B.)2071,to which staff responded that a summary would be made provided to the City Council. H.B. 2071 by Rep. Jetton relates to requirements for multifamily developments owned by public facility corporations(PFCs)and amends Section 303 of the Texas Local Government code.Among its provisions, the bill generally provides that: 1. A PFC, a nonprofit corporation formed by a sponsoring governmental entity, or a sponsor, including a city, county, school district, housing authority, or special district, may only finance, own, or operate a multifamily residential development located in the area of operation or jurisdictional boundaries of the sponsor; 2. To receive beneficial tax treatment for a multifamily development located in a city, a PFC must: a. meet certain minimum thresholds related to affordable housing availability; b. give certain notice to the affected city; c. obtain the consent of the city in certain circumstances; and d. provide feasibility and other financial analyses related to the project; 3. Certain protections are extended to tenants living in tax-exempt multifamily developments owned by PFCs; 4. All materials used to improve a qualifying multifamily development owned by a PFC are exempt from sales and use taxes; 5. PFCs must make annual reports to the Texas Department of Housing and Community Affairs (TDHCA) and chief appraiser and make certain information publicly available on their websites; and 6. The Legislative Budget Board must conduct a study to assess the long-term effect the tax exemptions for qualifying multifamily development projects have on the state's revenue. H.B. 2071 became effective on June 18, 2023. DISCUSSION: While the City of Denton does not currently operate a PFC, staff have evaluated the legislation to determine its general impact. Overall,the bill provides beneficial components that support housing affordability and improves the PFC tool. Affordability Requirements The bill requires that, for a multifamily development project owned by a PFC to take advantage of property tax and sales and use tax exemptions, 10% of the units of a given project must be August 4,2023 Report No. 2023-050 affordable for renters at 60% of area median income (AMI) in addition to 40% of units affordable at 80%AMI. PFC developments are still not required to reserve any units for renters earning 50% AMI or below. Projects deployed via the acquisition of existing housing (versus new construction)must dedicate at least 15% of the cost of the property for rehabilitation of that property. Acquisitions may avoid the rehab requirement by increasing the share of units affordable at 60%AMI from 10% to 25%, with approval by the governing body of the municipality in which the project is located. Additionally, income-restricted units must make up an equal proportionate share of each unit size in a project, measured by number of bedrooms. Increased Transparency There are several provisions within the bill that increase transparency: • For housing projects involving new construction, the project must show that the development would not be feasible without the use of the PFC structure. • For acquisition projects only, a "meaningful benefit test" is required that shows that 60% of tax benefit is going toward reducing rents in income-restricted units. This, however, is not required for new construction deals. • For PFCs operating under a Public Housing Authority (PHA) that do not have a majority of the members of the governing body who are elected officials, the PFC's multifamily development must obtain approval from the elected body of the municipality (City Council) in which the development is located for the development to receive tax benefits. • A PFC must post information about each affordable housing project it owns on its website. • For all project agreements, a 30-day notice must be given to all impacted taxing entities. • An annual compliance audit conducted by auditors hired by property owners is required and must be reviewed by TDHCA. Audits are only reviewed by, not conducted by, TDHCA. Jurisdiction Requirements Prior to H.B. 2071, a PFC could deploy a housing project outside of the jurisdiction of the PFC sponsor. With this new legislation, projects for a PFC may only occur within the jurisdictional boundaries of the PFC sponsor. Instead of 100% Tax exemptions for the life of the property, the PFC exemptions now automatically expire, unless extended with approval from same entities of initial approval. Tax exemptions for acquisition projects expire after 30 years, while new construction projects expire after 60 years. Tenant Protections H.B. 2071 requires that PFC developments must accept Housing Choice Vouchers (HCV) and cannot require HCV holders to have a monthly income in excess of 250% of the household's total monthly rent for a unit. Additionally, the PFC development must affirmatively market to voucher holders. August 4,2023 Report No. 2023-050 The bill also provides a baseline of tenant protections, including preventing retaliation regarding the right to organize and just cause eviction protection. ATTACHMENTS: 1. H.B. 2071 - Enrolled STAFF CONTACT: Dani Shaw Community Services Director Dani.Shaw@cityofdenton.com (940) 349-7237 Ryan Adams Chief of Staff Ryan.Adams@cityofdenton.com (940) 349-8565 REQUESTOR: Staff initiated STAFF TIME TO COMPLETE REPORT: 2 hours PARTICIPATING DEPARTMENTS: Community Services City Manager's Office Legal H . B . No . 2071 1 AN ACT 2 relating to certain public facilities , including public facilities 3 used to provide affordable housing . 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS : 5 SECTION 1 . Section 303 . 021 , Local Government Code , is 6 amended by adding Subsection ( d) to read as follows : 7 (d) A corporation or a sponsor may finance , own , or operate 8 a multifamily residential development only if : 9 ( 1 ) the corporation or sponsor complies with all 10 applicable provisions of this chapter ; and 11 ( 2 ) the development is located : 12 (A) inside the area of operation of the sponsor , 13 if the sponsor is a housing authority; or 14 (B ) if the sponsor is not a housing authority, 15 inside the boundaries of the sponsor, without regard to whether the 16 sponsor is authorized to own property or provide services outside 17 the boundaries of the sponsor . 18 SECTION 2 . Subchapter B, Chapter 303 , Local Government 19 Code , is amended by adding Section 303 . 0415 to read as follows : 20 Sec . 303 . 0415 . APPLICABILITY OF LAWS RELATING TO CONFLICT 21 OF INTEREST . A member of the board of a corporation or a member of 22 the governing body of a sponsor of a corporation is subject to the 23 same restrictions as a local public official under Chapter 171 . 24 SECTION 3 . The heading to Section 303 . 042 , Local Government 1 H . B . No . 2071 1 Code , is amended to read as follows : 2 Sec . 303 . 042 . TAXATION; EXEMPTION . 3 SECTION 4 . Subchapter B, Chapter 303 , Local Government 4 Code , is amended by adding Section 303 . 0421 , and a heading is added 5 to that section to read as follows : 6 Sec . 303 . 0421 . MULTIFAMILY RESIDENTIAL DEVELOPMENTS OWNED 7 BY PUBLIC FACILITY CORPORATIONS . 8 SECTION 5 . Section 303 . 0421 , Local Government Code , as 9 added by this Act , is amended by adding Subsections ( a) , ( c ) , ( d) , 10 (g) , (h) , and ( i ) to read as follows : 11 ( a ) This section applies to a multifamily residential 12 development that is owned by a corporation created under this 13 chapter , except that this section does not apply to a multifamily 14 residential development that : 15 ( 1 ) has at least 20 percent of its residential units 16 reserved for public housing units ; 17 ( 2 ) participates in the Rental Assistance 18 Demonstration program administered by the United States Department 19 of Housing and Urban Development ; 20 ( 3 ) receives financial assistance administered under 21 Chapter 1372 , Government Code , or receives financial assistance 22 from another type of tax-exempt bond; or 23 ( 4 ) receives financial assistance administered under 24 Subchapter DD, Chapter 2306 , Government Code . 25 ( c ) A multifamily residential development that is owned by a 26 corporation created under this chapter by a housing authority and 27 to which Subsection ( a ) applies must hold a public hearing, at a 2 H . 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No . 2071 1 meeting of the authority ' s governing body, to approve the 2 development . 3 (d) Notwithstanding Subsection (b ) , an occupied multifamily 4 residential development that is acquired by a corporation and to 5 which Subsection ( a ) applies is eligible for an exemption under 6 Section 303 . 042 ( c ) for : 7 ( 1 ) the one-year period following the date of the 8 acquisition, regardless of whether the development complies with 9 the requirements of Subsection (b ) ; and 10 ( 2 ) a year following the year described by Subdivision 11 ( 1 ) only if the development comes into compliance with the 12 requirements of Subsection (b) not later than the first anniversary 13 of the date of the acquisition . 14 ( g) Subsection ( f) does not apply to taxes imposed on a 15 multifamily residential development by a conservation and 16 reclamation district created under Section 52 , Article III , or 17 Section 59 , Article XVI , Texas Constitution , that provides water, 18 sewer , or drainage services to the development , unless the 19 applicable corporation has entered into a written agreement with 20 the district to make a payment to the district in lieu of taxation , 21 in the amount specified in the agreement . 22 (h) Subject to Subsection ( i ) , an exemption under Section 23 303 . 042 ( c ) for a multifamily residential development to which 24 Subsection ( a ) applies expires : 25 ( 1 ) for an occupied multifamily residential 26 development that is acquired by a corporation , on the 30th 27 anniversary of the date of the acquisition by the corporation ; and 3 H . 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No . 2071 1 ( 2 ) for a multifamily residential development not 2 described by Subdivision ( 1 ) , on the 60th anniversary of the date 3 the development receives , from the corporation or the corporation ' s 4 sponsor , the final approval under this chapter that is necessary to 5 obtain the exemption . 6 ( i ) An exemption under Section 303 . 042 ( c ) for a multifamily 7 residential development to which Subsection ( a) applies may be 8 extended for the same term of years applicable to the length of the 9 development ' s exemption under Subsection (h) if : 10 ( 1 ) in the five-year period preceding the expiration 11 of the exemption under Subsection (h) , the corporation provides 12 notice of the extension to the governing body of the municipality in 13 which the development is located or , if the development is not 14 located in a municipality, the county in which the development is 15 located; 16 ( 2 ) the extension is approved in the same manner as was 17 required for the preceding approval of the exemption ; and 18 ( 3 ) the development is in compliance with, and 19 maintains compliance with, this section and Section 303 . 0425 . 20 SECTION 6 . Section 303 . 042 ( c ) , Local Government Code , is 21 amended to read as follows : 22 ( c ) Subject to Section 303 . 0421 (h) , a [ ] corporation is 23 engaged exclusively in performance of charitable functions and is 24 exempt from taxation by this state or a municipality or other 25 political subdivision of this state . Bonds issued by a corporation 26 under this chapter, a transfer of the bonds , interest on the bonds , 27 and a profit from the sale or exchange of the bonds are exempt from 4 H . B . No . 2071 1 taxation by this state or a municipality or other political 2 subdivision of this state . 3 SECTION 7 . Sections 303 . 042 ( d) , (e ) and ( f ) Local 4 Government Code , are transferred to Section 303 . 0421 , Local 5 Government Code , as added by this Act , redesignated as Sections 6 303 . 0421 (b) , ( e ) , and ( f) , Local Government Code , and amended to 7 read as follows : 8 (b ) Notwithstanding Section 303 . 042 ( c ) and subject to 9 Subsections ( c ) and (d) of this section, an [ (el) An ] exemption under 10 Section 303 . 042 ( c) [titls see4rre-n ] for a multifamily residential 11 development to which Subsection ( a) applies is available ie 12 13 14 j-rL e e nt- e E 4!t-e "n i-tn s L-e g eL-ve4 €-ei- �- is 19 4 r e heirs im n q is n z6t-e , r e6-] 15 only if : 16 ( 1 ) the requirements under Section 303 . 0425 are met 17 [ire 4mnff a tt t t e r=r` y 1�te-4!4 s a fire—I-re-ai-4!n jf at- a L e(tr4-a L- ffleet-ing _ F 18 ] ; [ ] 19 ( 2 ) at least • 20 (A) 10 percent of the units in the multifamily 21 residential development are reserved for occupancy as lower income 22 housing units , as defined under Section 303 . 0425 ; and 23 (B ) 40 [-S�] percent of the units in the 24 multifamily residential development are reserved for occupancy as 25 moderate income housing units , as defined under Section 303 . 0425 ; 26 ( 3 ) the corporation delivers to the presiding officer 27 of the governing body of each taxing unit in which the development 5 H . 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No . 2071 1 is to be located written notice of the development , at least 30 days 2 before the date : 3 (A) the corporation takes action to approve a new 4 multifamily residential development or the acquisition of an 5 occupied multifamily residential development ; and 6 (B ) of any public hearing required to be held 7 under this section ; 8 ( 4 ) if a majority of the members of the board are not 9 elected officials , the development is approved by the governing 10 body of the municipality in which the development is located or, if 11 the development is not located in a municipality, the county in 12 which the development is located; 13 ( 5 ) for an occupied multifamily residential 14 development that is acquired by a corporation and not otherwise 15 subject to a land use restriction agreement under Section 2306 . 185 , 16 Government Code : 17 (A) not less than 15 percent of the total gross 18 cost of the existing development , as shown in the settlement 19 statement , is expended on rehabilitating, renovating, 20 reconstructing, or repairing the development , with initial 21 expenditures and construction activities : 22 ( i ) beginning not later than the first 23 anniversary of the date of the acquisition ; and 24 ( ii ) finishing not later than the third 25 anniversary of the date of the acquisition ; or 26 (B ) at least 25 percent of the units are reserved 27 for occupancy as lower income housing units , as defined under 6 H . 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No . 2071 1 Section 303 . 0425 , and the development is approved by the governing 2 body of the municipality in which the development is located or, if 3 the development is not located in a municipality, the county in 4 which the development is located; and 5 ( 6 ) not less than 30 days before final approval of the 6 development : 7 (A) the corporation or corporation ' s sponsor 8 conducts , or obtains from a professional entity that has experience 9 underwriting affordable multifamily residential developments and 10 does not have a financial interest in the applicable development , 11 developer, or public facility user, an underwriting assessment of 12 the proposed development that allows the corporation to make a good 13 faith determination that : 14 ( i ) for an occupied multifamily residential 15 development acquired by a corporation, the total annual amount of 16 rent reduction on the income-restricted units provided at the 17 development will be not less than 60 percent of the estimated amount 18 of the annual ad valorem taxes that would be imposed on the property 19 without an exemption under Section 303 . 042 ( c ) for the second, 20 third, and fourth years after the date of acquisition by the 21 corporation ; and 22 ( ii ) for a newly constructed multifamily 23 residential development , the development would not be feasible 24 without the participation of the corporation ; and 25 (B ) the corporation publishes on its Internet 26 website a copy of the underwriting assessment described by 27 Paragraph (A) [i5 y elms—a n el €-affi44i e a eel-n x-Eff l e e-e ti-,an 8-9 7 H . B . No . 2071 1 ,ej�eeizt-t± e E tire—arm-a -fffedt-an€-affii lie effte-] . 2 ( e ) For the purposes of Subsection ( a) [+el}] a "public 3 housing unit" is a residential [ e'• ] unit for which the 4 landlord receives a public housing operating subsidy . It does not 5 include a unit for which payments are made to the landlord under the 6 federal Section 8 Housing Choice Voucher Program . 7 ( f ) Notwithstanding Sections 303 . 042 ( a ) and (b ) and except 8 as otherwise provided by this section [ ] , 9 during the period [ ec tiffie] that a corporation owns a particular 10 public facility that is a multifamily residential development : 11 ( 1 ) [—] a leasehold or other possessory interest in 12 the real property of the public facility granted by the corporation 13 shall be treated in the same manner as a leasehold or other 14 possessory interest in real property granted by an authority under 15 Section 379B . 011 (b) ; and 16 ( 2 ) the materials used by a person granted a 17 possessory interest described by Subdivision ( 1 ) to improve the 18 real property of the public facility shall be exempt from all sales 19 and use taxes because the materials are for the benefit of the 20 corporation . 21 SECTION 8 . Subchapter B, Chapter 303 , Local Government 22 Code , is amended by adding Sections 303 . 0425 , 303 . 0426 , and 23 303 . 0427 to read as follows : 24 Sec . 303 . 0425 . ADDITIONAL REQUIREMENTS FOR BENEFICIAL TAX 25 TREATMENT RELATING TO CERTAIN PUBLIC FACILITIES . ( a) In this 26 section : 27 ( 1 ) " Developer" means a private entity that constructs 8 H . B . No . 2071 1 a development , including the rehabilitation , renovation, 2 reconstruction , or repair of a development . 3 ( 2 ) "Housing choice voucher program" means the housing 4 choice voucher program under Section 8 , United States Housing Act 5 of 1937 ( 42 U . S . C . Section 1437f) . 6 ( 3 ) "Lower income housing unit " means a residential 7 unit reserved for occupancy by an individual or family earning not 8 more than 60 percent of the area median income , adjusted for family 9 size , as defined by the United States Department of Housing and 10 Urban Development . 11 ( 4 ) "Moderate income housing unit" means a residential 12 unit reserved for occupancy by an individual or family earning not 13 more than 80 percent of the area median income , adjusted for family 14 size , as defined by the United States Department of Housing and 15 Urban Development . 16 ( 5 ) " Public facility user" means a public-private 17 partnership entity or a developer or other private entity that has 18 an ownership interest or a leasehold or other possessory interest 19 in a public facility that is a multifamily residential development . 20 (b ) The percentage of lower and moderate income housing 21 units reserved in each category of units in the development , based 22 on the number of bedrooms per unit , must be the same as the 23 percentage of each category of housing units reserved in the 24 development as a whole . 25 ( c ) The monthly rent charged per unit may not exceed : 26 ( 1 ) for a lower income housing unit , 30 percent of 60 27 percent of the area median income , adjusted for family size , as 9 H . B . No . 2071 1 defined by the United States Department of Housing and Urban 2 Development ; or 3 ( 2 ) for a moderate income housing unit , 30 percent of 4 80 percent of the area median income , adjusted for family size , as 5 defined by the United States Department of Housing and Urban 6 Development . 7 ( d) In calculating the income of an individual or family for 8 a lower or moderate income housing unit , the public facility user 9 must use the definition of annual income described in 24 C . F . R . 10 Section 5 . 609 , as implemented by the United States Department of 11 Housing and Urban Development . If the income of a tenant exceeds an 12 applicable limit at the time of the renewal of a lease agreement for 13 a residential unit , the provisions of Section 42 (g) ( 2 ) ( D) , Internal 14 Revenue Code of 1986 , apply in determining whether the unit may 15 still qualify as a lower or moderate income housing unit 16 ( e ) The public facility user may not : 17 ( 1 ) refuse to rent a residential unit to an individual 18 or family because the individual or family participates in the 19 housing choice voucher program; or 20 ( 2 ) use a financial or minimum income standard that 21 requires an individual or family participating in the housing 22 choice voucher program to have a monthly income of more than 250 23 percent of the individual ' s or family ' s share of the total monthly 24 rent payable for a unit . 25 ( f ) A public facility user may require an individual or 26 family participating in the housing choice voucher program to pay 27 the difference between the monthly rent for the applicable unit and 10 H . 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No . 2071 1 the amount of the monthly voucher if the amount of the voucher is 2 less than the rent . 3 ( g) A corporation that owns or leases to a public facility 4 user a public facility used as a multifamily residential 5 development shall publish on its Internet website information about 6 the development ' s : 7 ( 1 ) compliance with the requirements of this section ; 8 and 9 ( 2 ) policies regarding tenant participation in the 10 housing choice voucher program . 11 (h ) The public facility user shall : 12 ( 1 ) affirmatively market available residential units 13 directly to individuals and families participating in the housing 14 choice voucher program; and 15 ( 2 ) notify local housing authorities of the 16 multifamily residential development ' s acceptance of tenants in the 17 housing choice voucher program . 18 ( i ) Each lease agreement for a residential unit in a 19 multifamily residential development subject to this section must 20 provide that : 21 ( 1 ) the landlord may not retaliate against the tenant 22 or the tenant ' s guests by taking an action because the tenant 23 established, attempted to establish, or participated in a tenant 24 organization ; 25 ( 2 ) the landlord may only choose to not renew the lease 2 6 if the tenant : 27 (A) is in material noncompliance with the lease , 11 H . 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No . 2071 1 including nonpayment of rent ; 2 (B ) committed one or more substantial violations 3 of the lease ; 4 (C ) failed to provide required information on the 5 income , composition , or eligibility of the tenant ' s household; or 6 ( D) committed repeated minor violations of the 7 lease that : 8 ( i ) disrupt the livability of the property; 9 ( ii ) adversely affect the health and safety 10 of any person or the right to quiet enjoyment of the leased premises 11 and related development facilities ; 12 ( iii ) interfere with the management of the 13 development ; or 14 ( iv) have an adverse financial effect on 15 the development , including the failure of the tenant to pay rent in 16 a timely manner; and 17 ( 3 ) to not renew the lease , the landlord must serve a 18 written notice of proposed nonrenewal on the tenant not later than 19 the 30th day before the effective date of nonrenewal . 20 ( j ) A tenant may not waive the protections provided by 21 Subsection ( i ) . 22 ( k) Requirements under this subchapter relating to the 23 reservation of income-restricted residential units or income 24 restrictions applicable to tenants of a multifamily residential 25 development subject to this subchapter must be documented in a land 26 use restriction agreement or a similar restrictive instrument that : 27 ( 1 ) ensures that the applicable restrictions are in 12 H . B . No . 2071 1 effect for not less than 10 years ; and 2 ( 2 ) is recorded in the real property records of the 3 county in which the development is located . 4 ( 1 ) An agreement or instrument recorded under Subsection 5 ( k) may be terminated if the development that is the subject of the 6 agreement or instrument : 7 ( 1 ) is the subject of a foreclosure sale ; or 8 ( 2 ) becomes ineligible for an exemption under Section 9 303 . 042 ( c ) for a reason other than the failure to comply with 10 restrictions recorded in the agreement or instrument . 11 Sec . 303 . 0426 . AUDIT REQUIREMENTS FOR CERTAIN MULTIFAMILY 12 RESIDENTIAL DEVELOPMENTS . ( a ) In this section : 13 ( 1 ) " Department" means the Texas Department of Housing 14 and Community Affairs . 15 ( 2 ) " Developer" has the meaning assigned by Section 16 303 . 0425 . 17 ( 3 ) " Public facility user" has the meaning assigned by 18 Section 303 . 0425 . 19 (b ) A public facility user of a multifamily residential 20 development claiming an exemption under Section 303 . 042 ( c ) and to 21 which Section 303 . 0421 applies must annually submit to the 22 department and the chief appraiser of the appraisal district in 23 which the development is located an audit report for a compliance 24 audit , prepared at the expense of the public facility user and 25 conducted by an independent auditor or compliance expert with an 26 established history of providing similar audits on housing 27 compliance matters , to : 13 H . B . No . 2071 1 ( 1 ) determine whether the public facility user is in 2 compliance with Sections 303 . 0421 and 303 . 0425 ; and 3 ( 2 ) identify the difference in the rent charged for 4 income-restricted residential units and the estimated maximum 5 market rents that could be charged for those units without the rent 6 or income restrictions . 7 ( c ) Not later than the 60th day after the date of receipt of 8 the audit conducted under Subsection (b) , the department shall 9 examine the audit report and publish a report summarizing the 10 findings of the audit . The report must : 11 ( 1 ) be made available on the department ' s Internet 12 website ; 13 ( 2 ) be issued to a public facility user that has an 14 interest in a development that is the subject of an audit , the 15 comptroller, the applicable corporation , the governing body of the 16 corporation ' s sponsor, and, if the corporation ' s sponsor is a 17 housing authority, the elected officials who appointed the housing 18 authority ' s governing board; and 19 ( 3 ) describe in detail the nature of any failure to 20 comply with the requirements in Sections 303 . 0421 and 303 . 0425 . 21 (d) If an audit report submitted under Subsection (b) 22 indicates noncompliance with Sections 303 . 0421 and 303 . 0425 , a 23 public facility user : 24 ( 1 ) must be given : 25 (A) written notice from the department or 26 appropriate appraisal district that : 27 ( i ) is provided not later than the 45th day 14 H . B . No . 2071 1 after the date a report has been submitted under Subsection (b ) 2 ( ii ) specifies the reasons for 3 noncompliance ; 4 ( iii ) contains at least one option for a 5 corrective action to resolve the noncompliance ; and 6 ( iv) informs the public facility user that 7 failure to resolve the noncompliance will result in the loss of an 8 exemption under Section 303 . 042 ( c ) ; 9 (B ) 60 days after the date notice is received 10 under this subdivision , to resolve the matter that is the subject of 11 the notice ; and 12 (C ) if a matter that is the subject of a notice 13 provided under this subdivision is not resolved to the satisfaction 14 of the department and the appropriate appraisal district during the 15 period provided by Paragraph (B) , a second notice that informs the 16 public facility user of the loss of the exemption under Section 17 303 . 042 ( c ) due to noncompliance with Sections 303 . 0421 and 18 303 . 0425 ; and 19 ( 2 ) is considered to be in compliance with Sections 20 303 . 0421 and 303 . 0425 if notice under Subdivision ( 1 ) (A) is not 21 provided as specified by Subparagraph ( i ) of that paragraph . 22 ( e ) An exemption under Section 303 . 042 ( c ) does not apply for 23 a tax year in which a multifamily residential development that is 24 owned by a public facility corporation created under this chapter 25 is determined by the department based on an audit conducted under 26 Subsection (b ) to not be in compliance with the requirements of 27 Section 303 . 0421 or 303 . 0425 . 15 H . B . No . 2071 1 ( f ) The initial audit report required by Subsection (b) is 2 due not later than June 1 of the year following the first 3 anniversary of : 4 ( 1 ) the date of acquisition for an occupied 5 multifamily residential development that is acquired by a 6 corporation ; or 7 ( 2 ) the date a new multifamily residential development 8 first becomes occupied by one or more tenants . 9 ( g) Subsequent audit reports following the issuance of the 10 initial audit report under Subsection ( f ) are due not later than 11 June 1 of each year . 12 (h) An independent auditor or compliance expert may not 13 prepare an audit under Subsection (b ) for more than three 14 consecutive years for the same public facility user . After the 15 third consecutive audit , the independent auditor or compliance 16 expert may prepare an audit only after the second anniversary of the 17 preparation of the third consecutive audit . 18 ( i ) The department shall adopt forms and reporting 19 standards for the auditing process . 20 ( j ) An audit conducted under Subsection (b ) is subject to 21 disclosure under Chapter 552 , Government Code , except that 22 information containing tenant names , unit numbers , or other tenant 23 identifying information may be redacted . 24 Sec . 303 . 0427 . STUDY OF TAX EXEMPTIONS FOR MULTIFAMILY 25 RESIDENTIAL DEVELOPMENTS OWNED BY PUBLIC FACILITY CORPORATIONS . 26 ( a) In this section, "board" means the Legislative Budget Board . 27 (b ) The board shall conduct a study that assesses the 16 H . B . No . 2071 1 long-term effects on the state ' s funding and revenue , including 2 funding for public education, of ad valorem tax exemptions and 3 sales and use tax exemptions for multifamily housing developments 4 under Sections 303 . 042 ( c) and 303 . 0421 ( f ) . 5 ( c ) Not later than December 10 , 2024 , the board shall submit 6 to the governor , the lieutenant governor, and the speaker of the 7 house of representatives a report on the results of the study . The 8 report must include an estimate of : 9 ( 1 ) the funding or revenue that the state has lost as a 10 result of the exemptions ; and 11 ( 2 ) the potential increase in funding or revenue that 12 would result from the repeal of the exemptions . 13 (d) The board may delegate any authority granted to the 14 board under this section that the board determines is necessary to 15 conduct the study under this section . 16 ( e ) This section expires January 1 , 2025 . 17 SECTION 9 . Section 392 . 005 , Local Government Code , is 18 amended by amending Subsections ( c ) and (d) and adding Subsection 19 ( c-1 ) to read as follows : 20 ( c ) An exemption under this section for a multifamily 21 residential development which is owned by [(r)a ie `==-14m _, 22 ] 23 a housing development corporation [ ,—] or [ ] a similar entity 24 created by a housing authority, other than a public facility 25 corporation created by a housing authority under Chapter 303 , and 26 which does not have at least 20 percent of its residential units 27 reserved for public housing units , applies only if : 17 H . B . No . 2071 1 ( 1 ) the authority holds a public hearing, at a regular 2 meeting of the authority' s governing body, to approve the 3 development ; and 4 ( 2 ) at least 50 percent of the units in the multifamily 5 residential development are reserved for occupancy by individuals 6 and families earning less than 80 percent of the area median 7 [ F-1] income , adjusted for family size . 8 ( c- 1 ) An exemption under this section for a multifamily 9 residential development which is owned by a public facility 10 corporation created by a housing authority under Chapter 303 11 applies only if : 12 ( 1 ) at least 50 percent of units in the multifamily 13 residential development are reserved for occupancy by individuals 14 and families earning not more than 80 percent of the area median 15 income , adjusted for family size ; and 16 ( 2 ) the development : 17 (A) has at least 20 percent of its residential 18 units reserved for public housing units ; 19 (B ) participates in the Rental Assistance 20 Demonstration program administered by the United States Department 21 of Housing and Urban Development ; 22 (C ) receives financial assistance administered 23 under Chapter 1372 , Government Code , or receives financial 24 assistance from another type of tax-exempt bond; or 25 ( D) receives financial assistance administered 26 under Subchapter DD, Chapter 2306 , Government Code . 27 ( d) For the purposes of Subsections [ `"•-'eaeetien ] ( c ) and 18 H . B . No . 2071 1 ( c-1 ) , a "public housing unit " is a residential [off] unit for 2 which the owner receives a public housing operating subsidy . It 3 does not include a unit for which payments are made to the landlord 4 under the federal Section 8 Housing Choice Voucher Program . 5 SECTION 10 . (a) Subject to Subsections (b) , ( c ) , and ( d) of 6 this section, Sections 303 . 0421 and 303 . 0425 , Local Government 7 Code , as added by this Act , apply only to a tax imposed for a tax 8 year beginning on or after the effective date of this Act . 9 (b ) Subject to Subsections ( c) and (d) of this section, 10 Sections 303 . 0421 and 303 . 0425 , Local Government Code , as added by 11 this Act, apply only to a multifamily residential development that 12 is approved on or after the effective date of this Act by a public 13 facility corporation or the sponsor of a public facility 14 corporation, in accordance with Chapter 303 , Local Government Code . 15 A multifamily residential development that was approved by a public 16 facility corporation or the sponsor of a public facility 17 corporation before the effective date of this Act is governed by the 18 law in effect on the date the development was approved by the 19 corporation or sponsor, and the former law is continued in effect 20 for that purpose . 21 ( c ) Subject to Subsection (d) of this section, Section 22 303 . 0421 (d) , Local Government Code , as added by this Act , applies 23 only to an occupied multifamily residential development that is 24 acquired by a public facility corporation on or after the effective 25 date of this Act . An occupied multifamily residential development 26 that is acquired by a public facility corporation before the 27 effective date of this Act is governed by the law in effect on the 19 H . B . No . 2071 1 date the development was acquired by the public facility 2 corporation, and the former law is continued in effect for that 3 purpose . 4 (d) Notwithstanding any other provision of this section : 5 ( 1 ) Section 303 . 0426 , Local Government Code , as added 6 by this Act , applies to all multifamily residential developments to 7 which Section 303 . 0421 applies and with respect to which an 8 exemption is sought or claimed under Section 303 . 042 ( c) ; and 9 ( 2 ) the initial audit report required to be submitted 10 under Section 303 . 0426 (b) , Local Government Code , as added by this 11 Act , for a multifamily residential development that was approved or 12 acquired by a public facility corporation before the effective date 13 of this Act must be submitted by the later of : 14 (A) the date established by Section 303 . 0426 ( f ) , 15 Local Government Code , as added by this Act ; or 16 (B ) June 1 , 2024 . 17 SECTION 11 . Not later than January 1 , 2024 , the Texas 18 Department of Housing and Community Affairs shall adopt rules 19 necessary to implement Section 303 . 0426 , Local Government Code , as 20 added by this Act . 21 SECTION 12 . This Act takes effect immediately if it 22 receives a vote of two-thirds of all the members elected to each 23 house , as provided by Section 39 , Article III , Texas Constitution . 24 If this Act does not receive the vote necessary for immediate 25 effect , this Act takes effect September 1 , 2023 20 H . B . No . 2071 President of the Senate Speaker of the House I certify that H . B . No . 2071 was passed by the House on April 26 , 2023 , by the following vote : Yeas 142 , Nays 5 , 2 present , not voting; and that the House concurred in Senate amendments to H . B . No . 2071 on May 25 , 2023 , by the following vote : Yeas 115 , Nays 20 , 3 present , not voting . ------------------------------ Chief Clerk of the House I certify that H . B . No . 2071 was passed by the Senate , with amendments , on May 19 , 2023 , by the following vote : Yeas 28 , Nays 3 . ------------------------------ Secretary of the Senate APPROVED : Date ------------------ Governor 21