| (B) No Letter from a State Representative. To qualify
under this subparagraph, no written statement can be received for
an Application from the State Representative who represents the geographic
area in which the proposed Development is located, unless the sole
content of the written statement is to convey to the Department that
no written statement will be provided by the State Representative
for a particular Development. Points available under this subparagraph
will be based on how an Application scores under paragraph (1) of
this subsection (relating to Local Government Support). If a Development
site is located partially within a municipality and partially within
a county or extraterritorial jurisdiction, positive points will only
be awarded if a resolution is obtained from both entities. For an
Application with a proposed Development Site that, at the time of
the initial filing of the Application, is:
(i) Within a municipality, the Application will receive:
(I) Eight (8) points for a resolution from the Governing
Body of that municipality expressly setting forth that the municipality
supports the Application or Development; or
(II) Zero (0) points for no resolution or a resolution
from the Governing Body of that municipality expressly setting forth
that the municipality has no objection to the Application or Development;
or
(III) Negative eight (-8) points for a resolution from
the Governing Body of that municipality expressly setting forth that
the municipality opposes the Application or Development.
(ii) Within the extraterritorial jurisdiction of a
municipality, the Application will receive points under subclause
(I) or (II) or (III) of this subparagraph, and under subclause (IV)
or (V) or (VI) of this subparagraph.
(I) Four (4) points for a resolution from the Governing
Body of that municipality expressly setting forth that the municipality
supports the Application or Development.
(II) Zero (0) points for no resolution or a resolution
from the Governing Body of that municipality expressly setting forth
that the municipality has no objection to the Application or Development.
(III) Negative four (-4) points for a resolution from
the Governing Body of that municipality expressly setting forth that
the municipality opposes the Application or Development.
(IV) Four (4) points for a resolution from the Governing
Body of that county expressly setting forth that the county supports
the Application or Development.
(V) Zero (0) points for no resolution or a resolution
from the Governing Body of that county expressly setting forth that
the county has no objection to the Application or Development.
(VI) Negative four (-4) points for a resolution from
the Governing Body of that county expressly setting forth that the
county opposes the Application or Development.
(iii) Within a county and not within a municipality
or the extraterritorial jurisdiction of a municipality:
(I) Eight (8) points for a resolution from the Governing
Body of that county expressly setting forth that the county supports
the Application or Development; or
(II) Zero (0) points for no resolution or a resolution
from the Governing Body of that county expressly setting forth that
the county has no objection to the Application or Development; or
(III) Negative eight (-8) points for a resolution from
the Governing Body of that county expressly setting forth that the
county opposes the Application or Development.
(6) Input from Community Organizations. (§2306.6725(a)(2))
Where, at the time of Application, the Development Site does not fall
within the boundaries of any qualifying Neighborhood Organization
or there is a qualifying Neighborhood Organization that has given
no statement or a statement of neutrality (as described in subparagraph
B(4)(C)(iv) or (v) of this subsection), then, in order to ascertain
if there is community support, an Application may receive up to four
(4) points for letters that qualify for points under subparagraphs
(A), (B), or (C) of this paragraph. No more than four (4) points will
be awarded under this point item under any circumstances. All letters
of support must be submitted within the Application. Once a letter
is submitted to the Department it may not be changed or withdrawn.
Should an Applicant elect this option and the Application receives
letters in opposition, then one (1) point will be subtracted from
the score under this paragraph for each letter in opposition, provided
that the letter is from an organization that would otherwise qualify
under this paragraph. However, at no time will the Application receive
a score lower than zero (0) for this item. Letters received by the
Department setting forth that the community organization objects to
or opposes the Application or Development will be added to the Application
posted on the Department's website.
(A) An Application may receive two (2) points for each
letter of support submitted from a community or civic organization
that serves the community in which the Development Site is located.
Letters of support must identify the specific Development and must
state support of the specific Development at the proposed location.
To qualify, the organization must be qualified as tax exempt and have
as a primary (not ancillary or secondary) purpose the overall betterment,
development, or improvement of the community as a whole or of a major
aspect of the community such as improvement of schools, fire protection,
law enforcement, city-wide transit, flood mitigation, or the like.
The Applicant must provide evidence that the community or civic organization
remains in good standing by providing evidence from a federal or state
government database confirming that the exempt status continues. An
Organization must also provide evidence of its participation in the
community in which the Development Site is located including, but
not limited to, a listing of services or members, brochures, annual
reports, etc. Letters of support from organizations that cannot provide
reasonable evidence that they are active in the area that includes
the location of the Development Site will not be awarded points. For
purposes of this subparagraph, community and civic organizations do
not include neighborhood organizations, governmental entities (excluding
Special Management Districts as described in subparagraph C), or taxing
entities.
(B) An Application may receive two (2) points for a
letter of support from a property owners association created for a
master planned community whose boundaries include the Development
Site and that does not meet the requirements of a Neighborhood Organization
for the purpose of awarding points under paragraph (4) of this subsection.
(C) An Application may receive two (2) points for a
letter of support from a Special Management District formed under
Tex. Local Gov't Code chapter 375 whose boundaries, as of the Full
Application Delivery Date as identified in §11.2(a) of this chapter,
(relating to Competitive HTC Deadlines, Program Calendar for Competitive
Housing Tax Credits), include the Development Site.
(D) Input that evidences unlawful discrimination against
classes of persons protected by Fair Housing law or the scoring of
which the Department determines to be contrary to the Department's
efforts to affirmatively further fair housing will not be considered.
If the Department receives input that could reasonably be suspected
to implicate issues of non-compliance under the Fair Housing Act,
staff will refer the matter to the Texas Workforce Commission for
investigation, but such referral will not, standing alone, cause staff
or the Department to terminate the Application. Staff will report
all such referrals to the Board and summarize the status of any such
referrals in any recommendations.
(7) Concerted Revitalization Plan. (§42(m)(1)(B)(ii)(III)
and (C)(iii)). An Application may qualify for up to seven (7) points
under this paragraph only if no points are elected under subsection
(c)(5) of this section, related to Opportunity Index.
(A) For Developments located in an Urban Area:
(i) An Application may qualify to receive points if
the Development Site is geographically located within an area for
which a concerted revitalization plan (plan or CRP) has been developed
and published by the municipality.
(ii) A plan may consist of one or two complementary
local planning documents that together have been approved by the municipality
as a plan to revitalize the specific area. The plan and supporting
documentation must be submitted using the CRP Application Packet.
No more than two local plans may be submitted for each proposed Development.
The concerted revitalization plan may be a Tax Increment Reinvestment
Zone (TIRZ) or Tax Increment Finance (TIF) or similar plan. A city-
or county-wide comprehensive plan, including a consolidated plan or
one-year action plan required to receive HUD funds does not equate
to a concerted revitalization plan. However, a comprehensive plan
may include plans for specific areas targeted for revitalization that
would qualify so long as that plan meets all requirements of this
section.
Cont'd... |
