Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000 Page: 1,313
1219-1442 p. ; 28 cm.View a full description of this periodical.
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of the TBRB lottery for private activity volume cap must submit
the Application fee along with Volume 1 of the Application prior
to the Applicant's bond reservation date as assigned by the
TBRB. All outstanding documentation required under 49.6(g)
of the Qualified Allocation Plan and Rules must be submitted
to the Department at least 60 days prior to the Ad Hoc Tax
Credit Committee meeting at which the decision to issue a
Determination Notice would be made.
Board Response: Department/Committee's response accepted
with a reduction of the 60-day filing requirement in 49.12(b)(2)
to 45 days.
49.12(b)(2) Applicants which receive advance notice of a
Program Year 2001 reservation after being placed on the waiting
list as a result of the TBRB lottery for private activity volume
cap must submit the Application fee along with Volume 1 of the
Application prior to the Applicant's bond reservation date as
assigned by the TBRB. All outstanding documentation required
under 49.6(g) of the Qualified Allocation Plan and Rules must
be submitted to the Department at least 45 days prior to the
Ad Hoc Tax Credit Committee meeting at which the decision to
issue a Determination Notice would be made.
49.2(36) General Pool
Comment: It was suggested that the words "without regard
to set-aside" be removed from the "General Pool" definition to
enable nonprofit organizations to retain a scoring advantage
during competition in the General Pool.
Department/Committee Response: It was suggested that a
reference to the 10% nonprofit allocation as required by code
should be made in this section to eliminate any confusion on
this issue. The following revision to the QAP was proposed:
49.2(36) General Pool - The pool of credits that have been
returned or recovered from prior years' allocations or the current
year's Commitment Notices after the Board has made its initial
allocation of the current year's available credit ceiling. General
pool credits will be used to fund Applications on the waiting list
without regard to set-aside except for the 10% Nonprofit Set-
Aside allocation required under 42(h)(5) of the Code.
Board Response: Department/Committee's response ac-
cepted.
49.2(44) Ineligible Building Types
Comment: A number of comments were made on the "Ineligi-
ble Building Types" definition. Some commentators requested
that the prohibition against single family, duplexes and triplexes
in non-rural areas be removed so that the housing needs and
preferences of the local community could be recognized. It was
thought that single family developments provide a more stable
environment and in the long run will provide homeownership
opportunities for working class families. It was suggested that
in many communities duplexes and triplexes work well either
because of existing zoning or neighborhood acceptance. They
can be used successfully in many developments because of
site issues and can be mixed with other building types. It was
suggested that the current language which provides a prohibi-
tion against expansion of federally financed developments be
clarified to indicate that the number of residential units is being
limited as opposed to new construction of amenities and sup-
port structures. Finally it was proposed that the definition of
prison community be restricted to designate only areas which
were recently (after 1989) awarded a state prison.Department/Committee Response: The Department suggested
that based on its previous experience with single family devel-
opments in non-rural areas that the restriction remain as cur-
rently stated in the QAP. The Department agreed that the size
restriction associated with the federally assisted developments
should be a unit-based restriction as opposed to a restriction on
amenities and support structures. The list of prison communi-
ties in the Reference Manual was developed by the Department
of Criminal Justice. The Department wishes to conform to that
list for the sake of continuity. The following revision to the QAP
was proposed:
49.2(44)(B) An existing Rural Project that is federally assisted
within the meaning of 42(d)(6)(B) of the Code and is under
common ownership, management and Control shall not be
considered to include an Ineligible Building Type. For qualifying
federally assisted Rural Projects, construction cannot include
the construction of new residential units. Rural Projects
purchased from HUD will qualify as federally assisted.
Board Response: Department/Committee's response ac-
cepted.
49.2(49), 49.4(a) and 49.6(b)(1) Relating to Material Defi-
ciencies and Termination of Applications
Comment: Concerns over the perceived ability to submit
documentation after application submission were evidenced by
some of the commentary. It was suggested that selected
applicants should not be allowed to change their numbers
to make projects work after the submission date. If such
allowances are made, then all applicants should be allowed
to change the numbers to make projects feasible. It was
suggested that the Department needs to reevaluate its rule
for automatically rejecting projects that fail threshold. It is
perceived that threshold corrections and additions are being
allowed, and that, unless all applicants are allowed to make
them, no applicant should be allowed to do so. It was suggested
that to the extent that an Application's strict compliance with
the Threshold Criteria is not required by the Qualified Allocation
Plan, the Department should amend the Plan to provide a more
specific definition of "material compliance" with the Threshold
Criteria. It was suggested that all terminated applications be
promptly returned to the owner along with a written explanation
reason for the termination.
Department/Committee Response: To address the sufficiency
of submitted documentation, the Department proposed a new
definition for "Material Deficiencies" be added to the QAP.
This definition described what omissions constitute grounds
for termination and what post-application submissions can
be made. Other sections of the document will reference
this definition to clearly define what represents grounds for
termination. The following revision to the QAP was proposed:
49.2 (49) Material Deficiencies - The absence of information
or documents from the Application which are essential for
the complete review and scoring of the project and which
remain uncorrected after notification of the Applicant as further
described in subparagraphs (A) and (B) of this paragraph.
(A) The Department may request correction of deficiencies
which are either administrative in nature or are caused by
the need for clarification of information submitted at the time
of Application. If such deficiencies are not corrected to the
satisfaction of the Department within 5 business days from the
deficiency notice date, then 2 points shall be deducted fromADOPTED RULES February 18, 2000 25 TexReg 1313
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Texas. Secretary of State. Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000, periodical, February 11, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113915/m1/96/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.