Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004 Page: 7,021
7013-7230 p. ; 28 cm.View a full description of this periodical.
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EMERGENCY
R L Emergency Rules include new rules, amendments to existing rules, and the repeals of existing
rules. A state agency may adopt an emergency rule without prior notice or hearing if the agency
finds that an imminent peril to the public health, safety, or welfare, or a requirement of state or
federal law, requires adoption of a rule on fewer than 30 days' notice. An emergency rule may be effective for not longer than
120 days and may be renewed once for not longer than 60 days (Government Code, 2001.034). An emergency rule may be
effective for not longer than 120 days and may be renewed once for not longer than 60 days. (Government Code, 2001.034).TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 50. 2004 HOUSING TAX CREDIT
PROGRAM QUALIFIED ALLOCATION PLAN
AND RULES
10 TAC 50.9
The Texas Department of Housing and Community Affairs (the
Department) adopts on an emergency basis the amendment of
50.9 concerning Application: Submission, Adherence to Obli-
gations, Evaluation Process, Required Pre-Certification and Ac-
knowledgement, Threshold Criteria, Selection Criteria, Evalua-
tion Factors, Staff Recommendations. The section is amended
in order to enact changes conforming to Attorney General Opin-
ion GA-0208.
This amended section is adopted on an emergency basis pur-
suant to Chapter 2306, Texas Government Code, which pro-
vides the Governing Board of the Department with the author-
ity to adopt rules necessary for the efficient administration of the
Department's Housing Tax Credit Program.
50.9. Application: Submission, Adherence to Obligations, Eval-
uation Process, Required Pre-Certification and Acknowledgement,
Threshold Criteria, Selection Criteria, Evaluation Factors, Staff
Recommendations.
(a)-(f) (No change.)
(g) Selection Criteria. All Applications will be evaluated and
ranking points will be assigned according to the Selection Criteria listed
in paragraphs (1) through (18) of this subsection.
(1)-(2) (No change.)
(3) Development Location Characteristics. Evidence, not
more than 6 months old from the date of the close of the Application
Acceptance Period, that the subject Property is located within one of
the geographical areas described in subparagraphs (A) through (F) of
this paragraph. Areas qualifying under any one of the subparagraphs
(A) through (F) of this paragraph will receive 5 points. An Application
may only receive points under one of the subparagraphs (A) through (F)
of this paragraph. An Application may receive an additional ten points
pursuant to subparagraph (G) of this paragraph in addition to any points
awarded in subparagraphs (A) through (F) of this paragraph.
(A) A geographical area which is:
(i) an Economically Distressed Area; or
(ii) a Colonia, or
(iii) a Difficult Development Area (DDA) as specif-
ically designated by the Secretary of HUD.(B) a designated state or federal empowerment/enter-
prise zone, urban enterprise community, or urban enhanced enterprise
community. Such Developments must submit a letter and a map from a
city/county official verifying that the proposed Development is located
within such a designated zone. Letter should be no older than 6 months
from the first day of the Application Acceptance Period.
(C) a city-sponsored area or zone where a city or county
has, through a local government initiative, specifically encouraged or
channeled growth, neighborhood preservation or redevelopment. Such
Developments must submit all of the following documentation: a letter
from a city/county official verifying that the proposed Development
is located within the city sponsored zone or district; a map from the
city/county official which clearly delineates the boundaries of the dis-
trict; and a certified copy of the appropriate resolution or documenta-
tion from the mayor, local city council, county judge, or county com-
missioners court which documents that the designated area was:
(i) created by the local city council/county commis-
sion, and
(ii) targets a specific geographic area which was not
created solely for the benefit of the Applicant.
(D) the Development is located in a census tract in
which has a median family income (MFI), as published by the United
States Bureau of the Census (U.S. Census), that is higher than the
MFI for the county in which the census tract is located, as established
by HUD. This comparison shall be made using the most recent data
available from both sources as of as of October 1 of the year preceding
the applicable program year. In those years when the U.S. Census
does not publish median family income information at the census tract
level, the most recent U.S. Census MFI available for the tract shall
be multiplied by the change between HUD's published data for the
county MFI as of the year in which the Census MFI was published and
the county MFI as of October 1 of the year preceding the applicable
program year. Developments eligible for these points must submit
evidence documenting the median income for both the census tract
and the county.
(E) the Development is located in a census tract in
which there are no other existing developments supported by housing
tax credits.
(F) the Development is located in a county that has
received an award as of November 15, 2003, within the past three
years, from the Texas Department of Agriculture's Rural Municipal
Finance Program or Real Estate Development and Infrastructure Pro-
gram. Cities which have received one of these awards are categorized
as awards to the county as a whole so Developments located in a
different city than the city awarded, but in the same county, will still
be eligible for these points.
(G) the Development is located in an incorporated
city that is not a Rural Area but has a population no greater than
100,000 based on the most current available information published byEMERGENCY RULES July 23, 2004 29 TexReg 7021
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Texas. Secretary of State. Texas Register, Volume 29, Number 30, Pages 7013-7230, July 23, 2004, periodical, July 23, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101134/m1/9/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.