HB 1342

AN ACT relating to the issuance of private activity bonds for qualified

House Bill Gervin-Hawkins
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Fiscal Note

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What This Bill Does

Here's a concise summary of the bill: This Texas bill modifies the process for issuing private activity bonds for residential rental projects by changing priority rankings and affordability requirements. The legislation adjusts how the Texas Bond Review Board allocates bonds, giving priority to projects that reserve more units for lower-income families at specific rent levels, with a focus on projects in areas with median incomes at or below the statewide median. The bill impacts housing developers, local governments, and low-income renters by potentially increasing affordable housing opportunities in Texas, with new rules taking effect in the 2026 program year and implementation beginning September 1, 2025.

Subject Areas

Bill Text

relating to the issuance of private activity bonds for qualified
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 1372.0321, Government Code, is amended
by adding Subsections (a-1) and (a-2) and amending Subsections (b),
(c), and (d) to read as follows:
(a-1)  In granting reservations to issuers of qualified
residential rental project issues, the board shall give second
(A)  was filed on or before October 20 of the
program year occurring two years before the current program year;
(B)  was not withdrawn and did not receive a bond
(2)  that meet at least one requirement of Subsection
(A)  a binding contract to incur significant
expenditures for construction, reconstruction, or rehabilitation
was entered into before submission of the application;
(B)  significant expenditures for construction,
reconstruction, or rehabilitation were readily identifiable with
and necessary to carry out a binding contract for the supply of
property or services or the sale of output; or
(C)  significant expenditures were paid or
incurred before submission of the application.
(a-2)  For purposes of Subsection (a-1), "significant
expenditures" means expenditures that exceed the lesser of:
(2)  10 percent of the reasonably anticipated cost of
(b)  In granting reservations to issuers of qualified
residential rental project issues, the board shall give third
(A)  50 percent of the residential units in the
(i)  under the restriction that the maximum
allowable rents are an amount equal to 30 percent of 50 percent of
the area median family income minus an allowance for utility costs
authorized under the federal low-income housing tax credit program;
(ii)  reserved for families and individuals
earning not more than 50 percent of the area median income; and
(B)  the remaining 50 percent of the residential
(i)  under the restriction that the maximum
allowable rents are an amount equal to 30 percent of 80 [60] percent
of the area median family income minus an allowance for utility
costs authorized under the federal low-income housing tax credit
(ii)  reserved for families and individuals
earning not more than 80 [60] percent of the area median income;
(A)  15 percent of the residential units in the
(i)  under the restriction that the maximum
allowable rents are an amount equal to 30 percent of 30 percent of
the area median family income minus an allowance for utility costs
authorized under the federal low-income housing tax credit program;
(ii)  reserved for families and individuals
earning not more than 30 percent of the area median income; and
(B)  the remaining 85 percent of the residential
(i)  under the restriction that the maximum
allowable rents are an amount equal to 30 percent of 80 [60] percent
of the area median family income minus an allowance for utility
costs authorized under the federal low-income housing tax credit
(ii)  reserved for families and individuals
earning not more than 80 [60] percent of the area median income;
(A)  in which 100 percent of the residential units
(i)  under the restriction that the maximum
allowable rents are, on average, an amount equal to 30 percent of 60
percent of the area median family income minus an allowance for
utility costs authorized under the federal low-income housing tax
(ii)  reserved for families and individuals
earning, on average, not more than 60 percent of the area median
(B)  which are located in a census tract in which
the median income, based on the most recent information published
by the United States Bureau of the Census, is higher than the median
income for the county, metropolitan statistical area, or primary
metropolitan statistical area in which the census tract is located
as established by the United States Department of Housing and Urban
(4)  on or after June 1, projects that are located in
counties, metropolitan statistical areas, or primary metropolitan
statistical areas with area median family incomes at or below the
statewide median family income established by the United States
Department of Housing and Urban Development.
(c)  In granting reservations to issuers of qualified
residential rental project issues, the board shall give fourth
[third] priority to projects in which 80 percent or more of the
residential units in the project are:
(1)  under the restriction that the maximum allowable
rents are, on average, an amount equal to 30 percent of 60 percent
of the area median family income minus an allowance for utility
costs authorized under the federal low-income housing tax credit
(2)  reserved for families and individuals earning, on
average, not more than 60 percent of the area median income.
(d)  In granting reservations to issuers of qualified
residential rental project issues, the board shall give fifth
[fourth] priority to any other qualified residential rental
SECTION 2.  Section 1372.042(d), Government Code, is amended
(d)  Not later than the fifth business day after the date on
which the bonds are closed, the issuer shall submit to the board:
(1)  a written notice stating the delivery date of the
bonds and the principal amount of the bonds issued; and
(2)  [if the project is a project entitled to first,
second, or third priority under Section 1372.0321, evidence from
the Texas Department of Housing and Community Affairs that an award
of low-income housing tax credits has been approved for the
[(3)]  a certified copy of the document authorizing the
bonds and any other document relating to the issuance of the bonds,
including a statement of the bonds':
(B)  interest rate or formula by which the
SECTION 3.  Section 1372.0321(e), Government Code, is
SECTION 4.  The change in law made by this Act in amending
Chapter 1372, Government Code, applies to the allocation of the
available state ceiling under Chapter 1372 beginning with the 2026
SECTION 5.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to the issuance of private activity bonds for qualified