<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §190.3Filing Requirements for Applications for Reservation

    (A) a certified copy of the issuer's resolution electing to convert state ceiling to mortgage credit certificates;

    (B) issuer's mortgage credit certificate election; and

    (C) program plan;

  (10) for a residential rental project described in §190.2(d)(1), (2) or (3) of this title, evidence from the Texas Department of Housing and Community affairs that an award of Low Income Housing Tax Credits has been approved for the project;

  (11) if for a program year Government Code §1372.037(b) applies, the certification issued by the Attorney General pursuant to Government Code §1202.003(b-1).

(f) Additional information. The board may require additional information at any time before granting a certificate of reservation or certificate of allocation.

(g) Application restrictions.

  (1) In order to submit an application for reservation prior to October 21 of the year immediately preceding the program year an issuer or borrower must have been in existence on October 1 of that year.

  (2) Project substitutions will not be allowed after the application for reservation has been delivered to the board. Alterations to the project, including changes to unit size, number of total units and unit mix, as well as changes to the land size necessitated as part of the development or finance approval process in the case of residential rental projects will be permitted only if said changes:

    (A) are agreed to by the issuer; and

    (B) do not include the addition of land that is the subject of another application in the current program year.

  (3) No issuer may submit an application for reservation for the same or substantially the same project or projects as are contained in the application of another issuer.

  (4) No issuer prior to August 15 of the program year may apply for an amount that exceeds the maximum application limits as described in Government Code §1372.037(a).

  (5) The board may not accept applications for more than one project located at, or related to, a business operation at a particular site for any one program year.

  (6) For a qualified residential rental project issue, the Residential Rental Attachment contained in the Application packet for Reservation of Allocation must correctly reflect the regional designation of the project's location at the time of the lottery. If it is found to be incorrect on or after the lottery date, the project will be placed at the end of the lottery list once the region designation error is detected and corrected.

  (7) For a qualified residential rental project, an applicant may not ever amend the priority status of the project once the application for reservation of allocation has been submitted to the Board.

  (8) Qualified residential rental projects submitted post-lottery will be placed after all qualified residential rental projects submitted prior to the lottery, regardless of priority designation.

Source Note: The provisions of this §190.3 adopted to be effective January 3, 1992, 16 TexReg 7646; amended to be effective January 11, 1993, 18 TexReg 65; amended to be effective February 10, 1994, 19 TexReg 634; amended to be effective December 21, 1995, 20 TexReg 10389; amended to be effective October 8, 1997, 22 TexReg 9895; amended to be effective October 6, 1999, 24 TexReg 8566; amended to be effective February 27, 2002, 27 TexReg 1338; amended to be effective September 26, 2002, 27 TexReg 8957; amended to be effective September 18, 2003, 28 TexReg 8136; amended to be effective April 10, 2008, 33 TexReg2831;amended to be effective October 8, 2009, 34 TexReg 6860; amended to be effective December 2, 2019, 44 TexReg 7403; amended to be effective October 13, 2021, 46 TexReg 6948; amended to be effective October 11, 2023, 48 TexReg 5825

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page