Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,081
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(iv) Mayor of the municipality (if the Development
Site is within a municipality or its extraterritorial jurisdiction);
(v) All elected members of the Governing Body of
the municipality (if the Development Site is within a municipality or
its extraterritorial jurisdiction);
(vi) Presiding officer of the Governing Body of the
county in which the Development Site is located;
(vii) All elected members of the Governing Body of
the county in which the Development Site is located; and
(viii) State Senator and State Representative of the
districts whose boundaries include the proposed Development Site.
(C) Contents of Notification.
(i) The notification must include, at a minimum, all
of the information described in subclauses (I) - (VIII) of this clause.
(I) The Applicant's name, address, an individual
contact name and phone number;
(II) The Development name, address, city, and
county;
(III) A statement informing the entity or individ-
ual being notified that the Applicant is submitting a request for Housing
Tax Credits with the Texas Department of Housing and Community Af-
fairs;
(IV) Whether the Development proposes New
Construction, Reconstruction, Adaptive Reuse, or Rehabilitation;
(V) The physical type of Development being pro-
posed (e.g. single family homes, duplex, apartments, high-rise, etc.);
(VI) The approximate total number of Units and
approximate total number of Low-Income Units;
(VII) The residential density of the Develop-
ment, i.e., the number of Units per acre; and
(VIII) Information on how and when an inter-
ested party or Neighborhood Organization can provide input to the
Department.
(ii) The notification may not contain any false or
misleading statements. Without limiting the generality of the forego-
ing, the notification may not create the impression that the proposed
Development will serve a population exclusively or as a preference
unless such targeting or preference is documented in the Application
and is in full compliance with all applicable state and federal laws,
including state and federal fair housing laws; and
(iii) Notifications or any other communications may
not contain any statement that violates Department rules, statute, code,
or federal requirements.
(c) Pre-Application Results. Only pre-applications which
have satisfied all of the pre-application requirements, including those
in 11.9(e)(3) of this chapter (relating to Criteria promoting the
efficient use of limited resources and applicant accountability), will
be eligible for pre-application points. The order and scores of those
Developments released on the pre-application Submission Log do not
represent a Commitment on the part of the Department or the Board
to allocate tax credits to any Development and the Department bears
no liability for decisions made by Applicants based on the results of
the pre-application Submission Log. Inclusion of a pre-application on
the pre-application Submission Log does not ensure that an Applicant
will receive points for a pre-application.(d) Applicants that may be requesting a Multifamily Direct
Loan from the Department may submit a Request for Preliminary De-
termination on or before February 11. The results of evaluation of the
Request may be used as evidence of review of the Development and
the Principals for purposes of scoring under 10 TAC 11.9(e)(1)(E) (re-
lating to Criteria promoting the efficient use of limited resources and
applicant accountability). Submission of a Request for Preliminary De-
termination does not obligate the Applicant to request Multifamily Di-
rect Loan funds with their full Application.
11.9. Competitive HTC Selection Criteria.
(a) General Information. This section identifies the scoring
criteria used in evaluating and ranking Applications. The criteria iden-
tified in subsections (b) - (e) of this section include those items required
under Tex. Gov't Code, Chapter 2306, Code 42, and other criteria
established in a manner consistent with Chapter 2306 and Code 42.
There is no rounding of numbers in this section for any of the calcula-
tions in order to achieve the desired requirement or limitation, unless
rounding is explicitly stated as allowed for that particular calculation
or criteria. The Application must include one or more maps indicat-
ing the location of the Development Site and the related distance to
the applicable facility. Distances are to be measured from the nearest
boundary of the Development Site to the nearest boundary of the prop-
erty or easement containing the facility, unless otherwise noted. For the
purposes of this section, all measurements will include ingress/egress
requirements and any easements regardless of how they will be held.
(b) Criteria promoting development of high quality housing.
(1) Size and Quality of the Units. ( 2306.6710(b)(1)(D);
42(m)(1)(C)(iii)) An Application may qualify for up to fifteen (15)
points under subparagraphs (A) and (B) of this paragraph.
(A) Unit Sizes (6 points). The Development must meet
the minimum requirements identified in this subparagraph to qualify
for points. Points for this item will be automatically granted for Appli-
cations involving Rehabilitation (excluding Reconstruction), for De-
velopments receiving funding from USDA, or for Supportive Housing
Developments without meeting these square footage minimums only
if requested in the Self Scoring Form. If the Development involves
both Rehabilitation and Reconstruction or New Construction, the Re-
construction or New Construction Units must meet these requirements.
(i) five-hundred fifty (550) square feet for an Effi-
ciency Unit;
(ii) six-hundred fifty (650) square feet for a one Bed-room Unit;
(iii)
Bedroom Unit;
(iv)
Bedroom Unit; andeight-hundred fifty (850) square feet for a two
one-thousand fifty (1,050) square feet for a three(v) one-thousand two-hundred fifty (1,250) square
feet for a four Bedroom Unit.
(B) Unit, Development Construction, and Energy and
Water Efficiency Features (9 points). Applicants that elect in an Appli-
cation to provide specific amenity and quality features in every Unit at
no extra charge to the tenant will be awarded points based on the point
structure provided in 11.101(b)(6)(B) of this title (relating to Unit, De-
velopment Construction, and Energy and Water Efficiency Features)
and as certified to in the Application. The amenities will be required to
be identified in the LURA. Rehabilitation Developments and Support-
ive Housing Developments will start with a base score of five (5) point.
(2) Sponsor Characteristics. ( 42(m)(1)(C)(iv)) An Appli-
cation may qualify to receive either one (1) or two (2) points if it meetsPROPOSED RULES September 17, 2021 46 TexReg 6081
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/99/?rotate=180: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.