TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 1. ADMINISTRATION

SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES

10 TAC §1.3

The Texas Department of Housing and Community Affairs (the "Department") proposes new 10 TAC §1.3, concerning Sick Leave Pool. The purpose of this proposed new section is to establish a sick leave pool for use by the employees of the Department, appoint a pool administrator and establish that the pool shall be operated consistent with Texas Gov't Code Section 661.

FISCAL NOTE. Timothy K. Irvine, Executive Director, has determined that, for each year of the first five years the new rule will be in effect, enforcing or administering the new rule will assure that any voluntary pooling and use of donated sick leave by Department employees will be administered in accordance with statutory requirements, and does not have any foreseeable additional costs or resources for the state or local governments.

PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined that, for each year of the first five years the new section will be in effect, the public benefit anticipated as a result of the new section will be more efficient operation of the Department employees' sick leave pool.

ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES. The Department estimates that there will be no affect on small or micro-businesses, as defined in Texas Gov't Code §2006.001.

REQUEST FOR PUBLIC COMMENT. Written comments may be submitted to the Texas Department of Housing and Community Affairs, Jeffrey T. Pender, Rule Comments, P.O. Box 13941, Austin, Texas 78711-3941, or by email to: jeff.pender@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m. on July 7, 2017, Austin local time.

STATUTORY AUTHORITY. The new section is proposed pursuant to Texas Gov't Code §661.002 which requires the Department's governing body to establish a sick leave pool program. The proposed new section affects no other code, article, or statute.

§1.3.Sick Leave Pool.

A sick leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all sick leave time earned by that employee and to lose compensation from the state.

(1) The Department's Human Resources Director is designated as the pool administrator.

(2) The pool administrator will recommend a policy, operating procedures, and forms for the administration of this section to the Executive Director for inclusion in the Department's Personnel Policies and Procedures Manual.

(3) Operation of the pool shall be consistent with Texas Gov't Code, Chapter 661.

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 May 26, 2017.

TRD-201702118

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: July 9, 2017

For further information, please call: (512) 475-4752


CHAPTER 7. HOMELESSNESS PROGRAMS

SUBCHAPTER B. HOMELESS HOUSING AND SERVICES PROGRAM (HHSP)

10 TAC §7.1002

The Texas Department of Housing and Community Affairs (the "Department") proposes an amendment to 10 TAC Chapter 7, Subchapter B, Homeless Housing and Services Program ("HHSP"), §7.1002, to allow for an annual allocation instead of a biannual allocation.

During the fall of 2016, in which new HHSP rules were moved from 10 TAC Chapter 5, Community Affairs Programs, to Chapter 7, Homeless Programs, the Department received a comment requesting that the HHSP formula distributing funds should focus on victims of family violence. The formula distribution for 2017 HHSP funds had already occurred by the fall of 2016, so the suggested adjustment to the formula was considered for the 2018 HHSP funds. However, it was determined that more analysis was needed to develop the methodology for making adjustments to the allocation formula. The rule is proposed to be amended to allow for an annual allocation formula instead of a biannual allocation formula.

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

PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined that, for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of the amended section will be to provide clear guidance to Subrecipients through more organized and direct rules. There will be nominal cost to any individuals required to comply with the amended section and such compliance is a requirement of the federal funds.

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

REQUEST FOR PUBLIC COMMENT. The public comment period will be held May 26, 2017, to June 15, 2017, to receive input on the proposed amended section. Written comments may be submitted to the Texas Department of Housing and Community Affairs, Attention: Jennifer Molinari, Homelessness Programs, Rule Comments, P.O. Box 13941, Austin, Texas 78711-3941, or by email to the following address: jennifer.molinari@tdhca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY 5:00 P.M. Austin local time on June 15, 2017. A copy of the proposed amended section will be available on the Department's website at http://www.tdhca.state.tx.us/public-comment.htm under Items Open for Public Comment during the public comment period.

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

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

§7.1002.Distribution of Funds and Formula.

(a) Pursuant to the authority of Tex. Gov't Code §2306.2585, HHSP is available to any municipality in Texas with a population of 285,500 or more. HHSP funds will be [biennially] awarded upon appropriation from the legislature, and will be made available to any of those municipalities subject to the requirements of this rule and be distributed in accordance with the formula set forth in subsection (b) of this section (relating to Formula). [The Department may redistribute formula-funded allocations among the eligible municipalities if a Subrecipient is unable to expend the funds within 120 days of the close of the biennium.]

(b) Formula. Any funds made available for HHSP shall be distributed in accordance with a formula that is calculated each year [biennium] that takes into account:

(1) population of the municipality, as determined by the most recent available 1 Year American Community Survey ("ACS") data;

(2) poverty, defined as the number of persons in the municipality's population with incomes at or below the poverty threshold, as determined by the most recent available 1 Year ACS data;

(3) veteran populations, defined as that percentage of the municipality's population composed of veterans, as determined by the most recent available 1 Year ACS data;

(4) population of Persons with Disabilities, defined as that percentage of the municipality's population composed of Persons with Disabilities, as determined by the most recent available 1 Year ACS data; and

(5) population of Homeless persons, defined as that percentage of the municipality's population comprised of Homeless persons, as determined by the most recent publically available Point-In-Time Counts submitted to HUD by the CoCs in Texas.

(c) The factors enumerated shall be used to calculate distribution percentages for each municipal area based on the following formula:

(1) 20 percent weight for population;

(2) 25 percent weight for poverty populations;

(3) 25 percent weight for veteran populations;

(4) 5 percent weight for population of Persons with Disabilities; and

(5) 25 percent weight for the Homeless population.

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 May 26, 2017.

TRD-201702119

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: July 9, 2017

For further information, please call: (512) 475-2224