(a) The department by rule shall provide for the designation by the department of an area located within the boundaries of a primary metropolitan statistical area or a metropolitan statistical area as a rural area under § 2306.6702(a)(12)(B) for purposes of receiving housing tax credits administered by the department under this subchapter.
(b) Rules adopted under this section must:
(1) provide procedures by which a political subdivision or a census-designated place may apply for a rural designation;
(2) provide guidelines for designating an area as rural, including specifying:
(A) conditions under which a rural designation is not appropriate, including the proximity of the area to or the presence of major amenities commonly associated with urban or suburban areas; and
(B) conditions under which a rural designation is appropriate, including areas with low population density, the proximity of the area to or the absence of major amenities commonly associated with urban or suburban areas, a high level of undeveloped land, a significant presence of unimproved roads, or significant agricultural activity; and
(3) ensure that any housing tax credits allocated to a designated rural area comply with applicable federal requirements regarding that assistance.

Terms Used In Texas Government Code 2306.6740