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Presentation, discussion, and possible action on an order adopting the amended 10 TAC Chapter 10 Subchapter E, Post Award and Asset Management Requirements, §10.406 Ownership Transfers, and directing its publication for adoption in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, at its meeting of May 8, 2025, the Board approved for publication and public comment in the Texas Register the proposed amendments of 10 TAC Chapter 10 Subchapter E concerning the Post Award and Asset Management Requirements;
WHEREAS, the proposed amendments were published in the May 23, 2025, issue of the Texas Register for public comment between May 23, 2025, and June 23, 2025; and
WHEREAS, no public comment was received;
NOW, therefore, it is hereby
RESOLVED, that the final order adopting the amendments to 10 TAC Chapter 10 Subchapter E, §10.406 Ownership Transfers, together with the preambles presented to the meeting, is hereby ordered and approved for publication in the Texas Register; and
FURTHER RESOLVED, that the Executive Director and his designees be and each them hereby are authorized, empowered, and directed, for and on behalf of the Department, to cause the amended 10 TAC Chapter 10 Subchapter E concerning Post Award and Asset Management Requirements, §10.406 Ownership Transfers, in the form presented to this meeting, to be published in the Texas Register for final adoption, and in connection therewith, make such non-substantive technical corrections, or preamble-related corrections, as they may deem necessary to effectuate the foregoing, including the preparation and requested revisions to the subchapter specific preambles.
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BACKGROUND
Tex. Gov’t Code §2306.053 provides for the Department to administer federal housing, community affairs, and community development programs, including the low-income housing tax credit program. The Asset Management Division and its Rules, as a whole, are an integral part of administering the Department’s federal housing programs, assisting in reviewing and ensuring the long-term affordability and safety of multifamily rental housing Developments in the Department’s portfolio as required under Tex. Gov’t Code §§2306.185 and 2306.186, and performing the function of processing ownership transfers as required under §2306.6713.
Staff recommends that these rules be retained and that this be accomplished through the adopted amendment of the existing rules. The amendments clarify processes. The amendments include a requirement for a resolution of support from the municipality, or if the Development is not within a municipality or its Extra Territorial Jurisdiction (ETJ), a resolution of support from the commissioners court when an ownership transfer will result in a property tax exemption for Competitive Housing Tax Credit Developments prior to issuance of IRS Form(s) 8609. Letters of support from the mayor or from the county judge will not be acceptable.
The Board approved the publication of the proposed amendments to 10 TAC Subchapter E, concerning Post Award and Asset Management Requirements at the meeting on May 8, 2025, to be published in the Texas Register for public comment. The proposed amendments were published in the May 23, 2025, issue of the Texas Register and made available for public comment from May 23, 2025, through June 23, 2025. No public comment was received. Attached is a final version of the amended TAC Subchapter E, §10.406 Ownership Transfers.