In the event there are Competitive HTC Applications that receive the same number of points in any given set-aside category, rural regional allocation or urban regional allocation, or rural or statewide collapse, the Department will utilize the factors in this section, in the order they are presented, to determine which Development will receive preference in consideration for an award. The tie breaker factors are not intended to specifically address a tie between equally underserved sub-regions in the rural or statewide collapse.

1. (1) Applications having achieved a score on Proximity to the Urban Core. This item does not apply to the At-Risk Set-Aside.
2. (2) Applications scoring higher on the Opportunity Index under §11.9(c)(4) of this chapter (relating to Competitive HTC Selection Criteria) as compared to another Application with the same score.
3. (3) Applications having achieved the maximum Opportunity Index Score and the highest number of point items on the Opportunity Index menu that they were unable to claim because of the 7 point cap on that item.
4. (4) The Application with the highest average rating for the elementary, middle, and high school designated for attendance by the Development Site.
5. (5) Applications proposed to be located in a census tract with the lowest poverty rate as compared to another Application with the same score.
6. (6) Applications proposed to be located the greatest linear distance from the nearest Housing Tax Credit assisted Development. Developments awarded Housing Tax Credits but do not yet have a Land Use Restriction Agreement in place will be considered Housing Tax Credit assisted Developments for purposes of this paragraph. The linear measurement will be performed from closest boundary to closest boundary.

Source Note:The provisions of this §11.7 adopted to be effective December 29, 2016, 41 TexReg 10219.