Travis County

Public Facility Corporations (PFC) Application to

Approve Multifamily Developments

As a result of House Bill 2071 (H.B. 2071), which was added by Acts 2023, 88th Legislature, effective June 18, 2023, Public Facility Corporations must, among other requirements, request approval from a municipality or county government prior to the authorization of tax exemption for any project. More specifically, Chapter 303 of the Local Government Code Section 303.0421(b)(4) states, "if a majority of the members of the board are not elected officials, the development is approved by the governing body of the municipality in which the development is located or, if the development is not located in a municipality, the county in which the development is located."


Developers or project sponsors may submit this application to request HHS staff place a request for PFC project approval via resolution before the Travis County Commissioners Court.


APPLICATION REQUIREMENTS

  1. Applications must be submitted at least 30 days prior to the desired court date. Court agenda placement may only be approved by the HHS County Executive or his or her designee. All information requested herein must be included in the application. If it is not included, HHS staff will request a new submission, and the 30-day timeframe will start over (unless minor revisions or submissions are initiated by County staff).
  2. All attachments noted in the file upload section must be provided. Emailed documents will not be accepted, unless requested by county staff.
  3. The TDHCA Audit Workbook (excluding sections 3 & 9) are now required for County review.
  4. Developers must provide a certification on company letterhead that states the developer agrees to start construction within 1 1/2 years of court approval of the resolution; the developers must certify all amenities onsite will be shared, if there is more than one project onsite.


PFC REQUIREMENTS

Income Restrictions per Section 303.0421(b)(2)(A)(B)

  • 50% of units are required to be at or below 80% AMI
  • 40% of the units at 80% AMI
  • 10% of units at 60% AMI


Rent Restrictions per Section 303.0425(c)(1)(2)

  • 30% of 60%AMI
  • 30% of 80%AMI


Adjustments for Family Size per Section 303.0425(d)

Required per HUD Standards


Proportionality per Section 303.0425(b)

Restricted units must be distributed amongst bedroom types. Equitable distribution of affordable units, across unit types/bedroom sizes.


Housing Choice Vouchers per Section 303.0425(e)(f)

No-source of income discrimination


PFC Compliance and Publishing of Tenant Opportunity per Section 303.0425(g)


Affirmative Marketing & Notice per Section 303.0425(h)


Lease Requirement per Section 303.0425(i)(j)

Certain tenant protections per statute


LURA per Section 303.0425(k)

Required to document affordability for at least10 years, per the Chapter 303 of the Local Government Code. County review and approval of the draft LURA, which shall outline affordability requirements, is required before the County will execute a resolution approving the PFC development project.


PFC SPONSOR REQUIREMENTS

Travis County will only accept applications from Public Facilities Corporations (PFCs) that are within the local government jurisdiction which formed it. The PFC sponsor, owner or partner shall be within the jurisdiction that formed the PFC.


The PFC sponsor will provide a copy of the PFC executed resolution, and a draft of the LURA.


Comply with auditing requirements as specified in Section 303.0426


Comply with Section 303.0427 - Study of Tax Exemptions for Multifamily Residential Developments Owned by PFCs

Requested Commissioners Court Date

For requests to place an item on the court's agenda for approval, please note:

  1. Only the HHS County Executive may approve an item to be placed on the court's agenda.
  2. Please discuss court calendar options with the PFC sponsor to confirm the desired court date is available.
  3. Requests must be submitted at least 30 days in advance of desired court date.
  4. The requesting party is responsible for identifying the best court date (Tuesdays are voting session days) for the item.
  5. All materials for the requested agenda item must be attached to this submission form to be considered.
  6. Agenda language including backup, must be provided.
Developer (Entity) Type:*
Phone

Name of sponsoring (PFC) organization/entity.

Primary contact at the sponsoring (PFC) organization.

Is the proposed project a workforce housing project?

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Please specify the Travis County precinct (1,2,3, or 4)

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If the project falls within a small city jurisdiction within Travis County, please provide the name of the small city below.

Has the project been discussed with the impacted precinct commissioner? The project should be discussed with the impacted precinct commissioner before this application is submitted. If not, please ensure a meeting is held before the desired court date. Not doing so may trigger a delayed court date.

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Affordability and Unit Distribution

Please provide a simple breakdown of bedrooms for the complex. The number should total the "Number of Units" listed above. Please also provide the rent range.


For example (breakdown below only provided to demonstrate the information requested):

30 - 1 bdrms - $696 - $867

60 - 2 bdrms - $870 - $1,001

90 - 3 bdrms - $1,005 - $1,200

Enter a numerical value. If none, enter 0.

Enter a numerical value. If none, enter 0.

Enter a numerical value. If none, enter 0.

Enter a numerical value. If none, enter 0.

This information will be contained within the LURA. Please attach LURA below in the "File Upload" section.

Project and Area Description

Please describe the project and attach an area map in the file upload section.

Provide an brief description of mobility options for residents in or around this new development.

Please provide known community feedback.

Affirmatively Furthering Fair Housing Statement

This PFC project developer and sponsor reaffirm that this project affirmatively furthers fair housing by:

  • providing workforce housing to residents in Austin-Travis County who are at or below 80% AMI
  • providing safe, decent, affordable housing options
  • providing housing options that are considerate and mindful of opportunity areas and quality of life features, including but not limited to access to public transit, accessibility to business/economic centers, and access to community features such as schools, parks and grocery stores.

Please attached a written summary to address opportunity in the area, as well as consideration given to public transit, access to business and economic centers, school performance, and access to grocery stores and parks.

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PFC Monitoring Report

Effective July 2024, Travis County requests all PFC developers seeking Travis County Commissioner Court approval to also submit TDHCA's Audit Workbook required for PFC monitoriing compliance. Informantion for the auditor (tab 3) and the HH information (tab 9) are not required for county review. If the workbook has been prepared to be provided to TDHCA for the required June 1 annual deadline, please completely delete column D (Name) in tab 9 from the workbook before submitting it to Travis County. To ensure individual privacy protections, we cannot accept workbooks containing PII (peronally identifying information) via this application portal.


The purpose of this request is to collect as much information about each project to better assess the community benefit that will be provided via the Public Facility Corporation structure that is feasible as a result of the tax exemption benefit afforded to the developer.

PFC Approval Prerequisite Certification

Effective immediately, the Travis County Health and Human Services (HHS) Department has implemented prerequisite approval requirements for public facility corporations (PFC) seeking Travis County Commissioner Court approval. As a result, in an effort to ensure HHS remains cognizant of the county’s goal to balance tax exemptions granted to PFCs with the overall community benefit, developers submitting PFC resolution approval requests to Travis County on or after July 31, 2024, will now be required to adhere to the following PFC resolution prerequisites:


1.    The developers must agree to begin construction no less than one and one-half (1 and ½) years from the execution date of the PFC approval resolution.

  • Upon the execution of the county’s resolution, HHS will send a calendar invite to the developer and project sponsor conveying the notice-to-proceed (NTP) due date 18-months from the date the County Judge signs the resolution. The calendar invite will remind all parties of the date upon which Travis County HHS will request a copy of the NTP issued for construction to confirm compliance with the 1-½ year construction start date requirement. Once the NTP is received, the calendar invite will be canceled. If the construction start timeframe is not met, HHS may request the project sponsor (HATC) appear before the Court to provide an explanation for the cause of construction delay.


2.    Certify that all property amenities will be shared equally.

  • In the event there is more than one project on-site, we want to ensure amenities will be shared equally and access will be granted without limitations, for all tenants on-site.


Please do the following:

1) Select YES for each certification below

2) Attached a letter on the developer's letterhead stating they agree to comply with the above-mentioned requirements.

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File Upload

Please note there is a 10 file upload limit per submission. Some files may need to be combined. The following documents, which will become backup for the agenda item shall be attached/provided (uploaded here) before staff will begin to review documentation and develop an agenda item for Court consideration:


  • Agenda Item Template to include a Summary in Word
  • TCFC inducement approval resolution - must be signed.
  • Draft LURA (land use restrictive agreement)
  • Draft of Travis County Resolution for PFC Approval in Word (Travis County Attorney's Office may require revisions before this is final. Developers should use a sample provided)
  • A Project Feasibility Study
  • Project Term Sheet, must include Community Benefit Analysis and Ratio.
  • TDHCA Audit Workbook (excluding tabs 3 and 9)
  • A project area map
  • Summary regarding community assets, features, opportunity, jobs, parks, public transit, and grocery stores.


Please upload agenda item memo drafts (in Word), presentations, and any other backup documentation needed to produce an agenda item.

Drag and drop files here or
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