TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 1. ADMINISTRATION

SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES

10 TAC §1.5

The Texas Department of Housing and Community Affairs (the "Department") proposes new 10 TAC §1.5, Waiver Applicability in the Case of Federally Declared Disasters. This new section will specify how waivers of the Department's rules will be applied in cases of federally declared disasters, specifically when the Department's rules reiterate federal regulations or requirements that have been waived, suspended, or amended by the appropriate federal authority.

FISCAL NOTE. Timothy K. Irvine, Executive Director, has determined that, for each year of the first five years the proposed new rule will be in effect, enforcing or administering the proposed new rule does not have any foreseeable implications related to costs or revenues of the state or local governments.

PUBLIC BENEFIT/COST NOTE. Mr. Irvine has also determined that for each year of the first five years the proposed new rule will be in effect, there will be no change in the public benefit anticipated as a result of the new rule. There will not be any economic cost to any individuals required to comply with the proposed new rule.

ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES OR RURAL COMMUNITIES. The Department has determined that there will be no adverse economic effect on small or micro-businesses or rural communities.

GOVERNMENT GROWTH IMPACT STATEMENT. Mr. Irvine has also determined that, for the first five years the rule would be in effect:

The proposed rule does not create or eliminate a government program;

The proposed rule will not require a change in the number of employees of the Department;

The proposed rule will not require additional future legislative appropriations;

The proposed rule will not require an increase in fees paid to the Department;

The proposed rule will not create a new regulation;

The proposed rule will not expand, limit, or repeal an existing regulation;

The proposed rule will not increase or decrease the number of individuals subject to the rule's applicability; and

The proposed rule will neither positively or negatively affect this state's economy.

REQUEST FOR PUBLIC COMMENT. The public comment period will be held from January 2, 2018, through February 2, 2018. Written comments may be submitted to the Texas Department of Housing and Community Affairs, Brooke Boston, Rule Comments, P.O. Box 13941, Austin, Texas 78711-3941, or by email to brooke.boston@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 P.M. Austin local time February 2, 2018.

STATUTORY AUTHORITY.

The new rule is proposed pursuant to Tex. Gov't Code §2306.053, which authorizes the Department to adopt rules.

The proposed new rule affects no other code, article or statute.

§1.5.Waiver Applicability in the Case of Federally Declared Disasters.

When the federal government has provided the Department a waiver, suspension, or contract amendment of a federal programmatic regulation, statute, or contract term in response to a federally declared disaster, and the requirement waived, suspended, or amended had been codified in this Title, the Executive Director may waive, suspend or modify the rule within this Title, if:

(1) the Executive Director has determined that not doing so may negatively affect the health, safety, or welfare of program recipients;

(2) such waiver, suspension, or modification is limited to the federally provided waiver, suspension, or modification; and

(3) such waiver or suspension would not have negatively affected the selection of an award of Department resources.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2017.

TRD-201705241

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 475-1762


SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES

The Texas Department of Housing and Community Affairs (the "Department") proposes repeal and new 10 TAC Chapter 1, §1.23, concerning the State of Texas Low Income Housing Plan and Annual Report (SLIHP). The purpose of the proposed repealed and proposed new section is to adopt by reference the 2018 SLIHP. The purpose of the SLIHP is to serve as a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. The document reviews the Department's programs, current and future policies, and resource allocation plan to meet state housing needs, and reports on State Fiscal Year 2017 performance. The Department is required to submit the SLIHP annually to its Governing Board in accordance with Texas Government Code §2306.072.

FISCAL NOTE. Timothy K. Irvine, Executive Director, has determined that, for each year of the first five years the new section is in effect, enforcing or administering the new section does not have any foreseeable implications related to costs or revenues of the state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT. Mr. Irvine also has determined that, for the first five years a rule would be in effect:

The proposed rule does not create or eliminate a government program;

The proposed rule will not require a change in the number of employees of the Department;

The proposed rule will not require additional future legislative appropriations;

The proposed rule will result in neither an increase nor a decrease in fees paid to the Department;

The proposed rule will not create a new regulation;

The proposed rule will not expand, limit, or repeal an existing regulation;

The proposed rule will not increase or decrease the number of individuals subject to the rule's applicability; and

Will neither positively or negatively affect this state's economy.

PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined that, for each year of the first five years the new section is in effect, the public benefit anticipated as a result of the new section will be improved communication with the public regarding the Department's programs and activities. There will not be any economic cost to any individuals required to comply with the new section.

ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES OR RURAL COMMUNITIES. The Department has determined that there will be no economic effect on small or micro-businesses or rural communities.

REQUEST FOR PUBLIC COMMENT. The public comment period will be held Friday December 29, 2017, to Thursday January 18, 2018, at 6:00 p.m. Austin local time to receive input on the proposed repeal and proposed new section. Written comments may be submitted to the Texas Department of Housing and Community Affairs, Elizabeth Yevich, Rule Comments, P.O. Box 13941, Austin, Texas 78711-3941, by fax to (512) 475-0070, or email info@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 6:00 P.M. AUSTIN LOCAL TIME ON THURSDAY, JANUARY 18, 2018.

The full text of the draft 2018 SLIHP may be viewed at the Department's website: http://www.tdhca.state.tx.us/public-comment.htm. The public may also receive a copy of the draft 2018 SLIHP by contacting the Department's Housing Resource Center at (512) 475-3976.

10 TAC §1.23

STATUTORY AUTHORITY. The proposed repeal is proposed pursuant to Texas Government Code, §2306.053, which authorizes the Department to adopt rules. Additionally, the proposed repeal is proposed pursuant to §2306.0723 which specifically authorizes the Department to consider the SLIHP as a rule.

The proposed repeal affects no other code, article, or statute.

§1.23.State of Texas Low Income Housing Plan and Annual Report (SLIHP).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705160

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7803


10 TAC §1.23

STATUTORY AUTHORITY. The proposed new section is proposed pursuant to Texas Government Code, §2306.053, which authorizes the Department to adopt rules. Additionally, the proposed new section is proposed pursuant to §2306.0723 which specifically authorizes the Department to consider the SLIHP as a rule.

The proposed new section affects no other code, article, or statute.

§1.23.State of Texas Low Income Housing Plan and Annual Report (SLIHP).

The Texas Department of Housing and Community Affairs (the "Department") adopts by reference the 2018 State of Texas Low Income Housing Plan and Annual Report (SLIHP). The full text of the 2018 SLIHP may be viewed at the Department's website: www.tdhca.state.tx.us. The public may also receive a copy of the 2018 SLIHP by contacting the Department's Housing Resource Center at (512) 475-3976.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 14, 2017.

TRD-201705161

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: January 28, 2018

For further information, please call: (512) 936-7803