Tex. Local Gov't Code Section 392.005
Tax Exemption


(a)

The property of an authority is public property used for essential public and governmental purposes. The authority and the authority’s property are exempt from all taxes and special assessments of a municipality, a county, another political subdivision, or the state.

(b)

If a municipality, county, or political subdivision furnishes improvements, services, or facilities for a housing project, an authority may, in lieu of paying taxes or special assessments, agree to reimburse in payments to the municipality, county, or political subdivision an amount not greater than the estimated cost to the municipality, county, or political subdivision for the improvements, services, or facilities.

(c)

An exemption under this section for a multifamily residential development which is owned by a housing development corporation or a similar entity created by a housing authority, other than a public facility corporation created by a housing authority under Chapter 303 (Public Facility Corporations), and which does not have at least 20 percent of its residential units reserved for public housing units, applies only if:

(1)

the authority holds a public hearing, at a regular meeting of the authority’s governing body, to approve the development; and

(2)

at least 50 percent of the units in the multifamily residential development are reserved for occupancy by individuals and families earning less than 80 percent of the area median income, adjusted for family size.

(c-1)

An exemption under this section for a multifamily residential development which is owned by a public facility corporation created by a housing authority under Chapter 303 (Public Facility Corporations) applies only if:

(1)

at least 50 percent of units in the multifamily residential development are reserved for occupancy by individuals and families earning not more than 80 percent of the area median income, adjusted for family size; and

(2)

the development:

(A)

has at least 20 percent of its residential units reserved for public housing units;

(B)

participates in the Rental Assistance Demonstration program administered by the United States Department of Housing and Urban Development;

(C)

receives financial assistance administered under Chapter 1372 (Private Activity Bonds and Certain Other Bonds), Government Code, or receives financial assistance from another type of tax-exempt bond; or

(D)

receives financial assistance administered under Subchapter DD (Purpose), Chapter 2306 (Texas Department of Housing and Community Affairs), Government Code.

(d)

For the purposes of Subsections (c) and (c-1), a “public housing unit” is a residential unit for which the owner receives a public housing operating subsidy. It does not include a unit for which payments are made to the landlord under the federal Section 8 Housing Choice Voucher Program.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 1493, Sec. 2, eff. Aug. 31, 2002.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1169 (H.B. 2071), Sec. 9, eff. June 18, 2023.

Source: Section 392.005 — Tax Exemption, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­392.­htm#392.­005 (accessed May 11, 2024).

392.001
Short Title
392.002
Definitions
392.003
Legislative Findings
392.004
Operation Not for Profit
392.005
Tax Exemption
392.006
Unit of Government
392.011
Creation of a Municipal Housing Authority
392.012
Creation of a County Housing Authority
392.013
Creation of a Regional Housing Authority
392.014
Area of Operation of a Municipal Housing Authority
392.015
Area of Operation of a County Housing Authority
392.016
Area of Operation of a Regional Housing Authority
392.017
Operation of Housing Authority in Other Political Subdivisions
392.018
Expansion of the Area of Operation of a Regional Housing Authority
392.019
Effect of Cooperation Agreement on Area of Operation of Housing Authority
392.031
Appointment of Commissioners of a Municipal Housing Authority
392.032
Appointment of Commissioners of a County Housing Authority
392.033
Appointment of Commissioners of a Regional Housing Authority
392.034
Terms of Office of Commissioners
392.035
Compensation
392.036
Vote Required for Action
392.037
Chairman and Vice-chairman of a Municipal or County Housing Authority
392.038
Other Officers and Employees of a Municipal or County Housing Authority
392.039
Officers and Employees of a Regional Housing Authority
392.040
Legal Services
392.041
Removal of a Commissioner
392.042
Interested Commissioners
392.043
Interested Employees
392.051
General Powers
392.052
Operation, Construction, and Leasing of Housing Projects
392.053
Public Meeting on Proposed Housing Project
392.054
Notice of Public Meeting
392.055
Rentals and Tenant Selection
392.056
Acquisition, Use, and Disposition of Real and Personal Property
392.057
Investment of Funds
392.058
Research and Investigation
392.059
Cooperation with Other Governmental Entities or Housing Authorities
392.060
Hearings
392.061
Eminent Domain
392.062
Reports
392.063
Projects for Farmers of Low Income
392.064
Corporate Name of Regional Housing Authority
392.065
Miscellaneous Powers
392.066
Public Facility Corporation
392.067
Veterans Housing in Certain Counties
392.081
Authority to Issue Bonds
392.082
Form of Bonds
392.083
Sale of Bonds
392.084
Negotiability of Bonds
392.085
Liability on Bonds and Other Obligations
392.086
Tax Exemption
392.087
Pledges, Mortgages, and Covenants to Secure Bonds or Lease Obligations
392.088
Certification of Attorney General
392.089
Purchase of Bonds by Authority
392.090
Covenant of Regional Housing Authority Regarding Area of Operation
392.101
Remedies of an Obligee of the Authority
392.102
Optional Remedies of an Obligee
392.103
Exemption of Property from Execution Sale
392.104
Effect of Certain Provisions on Obligee Rights Conferred by Authority
392.0131
Merger of Certain County Housing Authorities into Municipal Housing Authorities
392.0161
Area of Operation of a Merged Housing Authority
392.0162
Area of Operation of Certain Municipal Housing Authorities
392.0331
Appointment of Tenant Representative or Certain Other Recipients of Housing Assistance as Commissioner of Municipal, County, or Regional Housing Authority
392.0525
Letter of Credit Accepted in Lieu of Payment and Performance Bonds
392.0555
Pet Ownership Policy
392.0565
Purchases Made Under Federal Procurement Program
392.0831
Payment for Bonds

Accessed:
May 11, 2024

§ 392.005’s source at texas​.gov