A certification, as provided in the Application, that the Applicant met the requirements and deadlines identified in paragraphs (1) - (3) of this section must be submitted with the Application. For Applications utilizing Competitive Housing Tax Credits, notifications must not be older than three (3) months from the first day of the Application Acceptance Period. For Tax-Exempt Bond Developments notifications and proof thereof must not be older than three (3) months prior to the date Parts 5 and 6 of the Application are submitted, and for all other Applications no older than three (3) months prior to the date the Application is submitted. If notifications were made in order to satisfy requirements of pre-application submission (if applicable to the program) for the same Application, then no additional notification is required at Application. However, re-notification is required by all Applicants who have submitted a change from pre-application to Application that reflects a total Unit increase of greater than 10% or a 5% increase in density (calculated as units per acre) as a result of a change in the size of the Development Site. In addition, should the person holding any position or role described change between the submission of a pre-application and the submission of an Application, Applicants are required to notify the new person no later than the Full Application Delivery Date.

1. (1) Neighborhood Organization Notifications.

   1. (A) The Applicant must identify and notify all Neighborhood Organizations on record with the county or the state as of 30 days prior to the beginning of the Application Acceptance Period and whose boundaries include the entire proposed Development Site. As used in this section, "on record with the state" means on record with the Secretary of State.
   2. (B) The Applicant must list, in the certification form provided in the pre-application and Application, all Neighborhood Organizations on record with the county or state as of 30 days prior to the beginning of the Application Acceptance Period and whose boundaries include the proposed Development Site as of the submission of the Application, and the Applicant must certify that a reasonable search for applicable entities has been conducted.

2. (2) Notification Recipients. No later than the date the Application is submitted, notification must be sent to all of the persons or entities identified in subparagraphs (A) - (H) of this paragraph. Developments located in an Extra Territorial Jurisdiction (ETJ) of a city are required to notify both city and county officials. The notifications may be sent by e-mail, fax or mail with return receipt requested or similar tracking mechanism. A template for the notification is included in the Application Notification Template provided in the Application. Evidence of notification is required in the form of a certification provided in the Application. The Applicant is required to retain proof of delivery in the event it is requested by the Department. Evidence of proof of delivery is demonstrated by a signed receipt for mail or courier delivery and confirmation of receipt by recipient for fax and e-mail. Officials to be notified are those officials in office at the time the Application is submitted. Note that between the time of pre-application (if made) and full Application, such officials may change and the boundaries of their jurisdictions may change. By way of example and not by way of limitation, events such as redistricting may cause changes which will necessitate additional notifications at full Application. Meetings and discussions do not constitute notification. Only a timely and compliant written notification to the correct person constitutes notification.

   1. (A) Neighborhood Organizations on record with the state or county as of 30 days prior to the beginning of the Application Acceptance Period whose boundaries include the entire Development Site;
   2. (B) Superintendent of the school district in which the Development Site is located;
   3. (C) Presiding officer of the board of trustees of the school district in which the Development Site is located;
   4. (D) Mayor of the municipality (if the Development Site is within a municipality or its extraterritorial jurisdiction);
   5. (E) All elected members of the Governing Body of the municipality (if the Development Site is within a municipality or its extraterritorial jurisdiction);
   6. (F) Presiding officer of the Governing Body of the county in which the Development Site is located;
   7. (G) All elected members of the Governing Body of the county in which the Development Site is located; and
   8. (H) State Senator and State Representative of the districts whose boundaries include the Development Site.

3. (3) Contents of Notification.

   1. (A) The notification must include, at a minimum, all information described in clauses (i) - (vii) of this subparagraph.

      1. (i) the Applicant's name, address, individual contact name, and phone number;
      2. (ii) the Development name, address, city and county;
      3. (iii) a statement indicating the program(s) to which the Applicant is applying with the Texas Department of Housing and Community Affairs;
      4. (iv) whether the Development proposes New Construction, Reconstruction, Adaptive Reuse or Rehabilitation;
      5. (v) the physical type of Development being proposed (e.g. single family homes, duplex, apartments, high-rise etc.);
      6. (vi) the total number of Units proposed and total number of Low-Income Units proposed; and
      7. (vii) the residential density of the Development, i.e., the number of Units per acre;
   2. (C) The notification may not contain any false or misleading statements. Without limiting the generality of the foregoing, the notification may not create the impression that the proposed Development will serve a Target Population exclusively or as a preference unless such targeting or preference is documented in the Application and is or will be in full compliance with all applicable state and federal laws, including state and federal fair housing laws; and
   3. (D) Notifications or any other communications may not contain any statement that violates Department rules, statute, code, or federal requirements.

Source Note:The provisions of this §11.203 adopted to be effective December 30, 2018, 43 TexReg 8322.