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89(R) SB 732 - Engrossed version - Bill Text
By: Miles
S.B. No. 732
A BILL TO BE ENTITLED
AN ACT
relating to required generators or other power sources for certain
housing developments that receive an allocation of low income
housing tax credits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter DD, Chapter 2306, Government Code, is
amended by adding Section 2306.6741 to read as follows:
Sec.
2306.6741.
GENERATOR OR OTHER POWER SOURCE REQUIRED.
(a) This section applies only to a development that:
(1)
has received an allocation of low income housing
tax credits under this subchapter; and
(2)
is a multifamily residential development whose
residential units are reserved for individuals 55 years of age and
older.
(b)
The department shall require each development to which
this section applies to be equipped with a generator or other power
source capable of:
(1)
operating each elevator in the development that
provides the only point of access to an area of the development
containing residential units; and
(2)
powering a system or device capable of maintaining
the air temperature in at least one enclosed area of the development
between 68 and 82 degrees Fahrenheit during a power outage.
(b-1)
The department by rule may establish a process through
which a development owner may obtain a five-year waiver from
compliance with the requirement imposed by Subsection (b) if
compliance with that requirement would create an undue hardship on
the owner, as determined by department rule. The department may not
grant a development owner more than two consecutive waivers under
this subsection.
(c)
The department may adopt rules to implement this
section.
SECTION 2. (a) In this section, "development" means a
development to which Section 2306.6741, Government Code, as added
by this Act, applies.
(b) The Texas Department of Housing and Community Affairs
shall ensure that each development whose construction is completed
on or after January 1, 2026, complies with Section 2306.6741,
Government Code, as added by this Act.
(c) Notwithstanding Section 2306.6741, Government Code, as
added by this Act, a development whose construction is completed on
or before December 31, 2025, is not required to comply with that
section until January 1, 2030.
(d) Not later than March 1, 2030, the Texas Department of
Housing and Community Affairs shall prepare and submit to the
legislature a written report on:
(1) the overall number of developments in compliance
with Section 2306.6741, Government Code, as added by this Act; and
(2) for any development that is not in compliance with
that section, the reason for the noncompliance and any actions
taken by the department to ensure compliance with that section.
SECTION 3. This Act takes effect September 1, 2025.