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") adopts new 10 TAC §1.5, Waiver Applicability in the Case of Federally Declared Disasters without changes to the text published in the December 29, 2017, Texas Register (42 Tex Reg 7493).

REASONED JUSTIFICATION. This new section specifies how 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.

SUMMARY OF PUBLIC COMMENT AND STAFF RECOMMENDATIONS. The public comment period was from January 2, 2018, through February 2, 2018. One comment was received from the Texas Association of Community Action Agencies, Inc. ("TACAA").

COMMENT SUMMARY: TACAA commented that they are appreciative of the Department's efforts to be proactive in assisting Texans affected by disasters and believes this rule will assist in doing so. TACAA recommends that the proposed rule also include a waiver of procurement rules for services during a disaster because procurement is time consuming and takes staff away from providing help, and because pools of vendors may be more limited during disasters making procurement even more challenging. TACAA also recommends including in the rule a waiver of federal poverty guidelines or at a minimum increasing the threshold from 125% of poverty to 150% or 200% of federal poverty guidelines.

STAFF RESPONSE: The rule proposed does not eliminate or overrule any federal regulations unless those regulations are waived, suspended, or amended by a federal agency. If a rule that is changed federally relates to procurement or qualifying household poverty guidelines, this rule as drafted, with no further edits, would allow that waiver to apply to the Department's programs as well. However, if procurement requirements or household poverty guidelines are not waived federally, the Department does not have the authority, even through the rulemaking process, to waive those requirements. As drafted, the waiver/suspension/amendment could apply to issues associated with procurement and household poverty guidelines if federally waived. Staff recommends adopting the rule as proposed with no changes.

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

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 26, 2018.

TRD-201800839

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Effective date: March 18, 2018

Proposal publication date: December 29, 2017

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


10 TAC §1.23

The Texas Department of Housing and Community Affairs (the "Department") adopts repeal of 10 TAC Chapter 1, §1.23, concerning the State of Texas Low Income Housing Plan and Annual Report (SLIHP) without changes to the proposed text as published in the December 29, 2017, issue of the Texas Register (42 TexReg 7494). The purpose of the repealed rule is to adopt by reference the 2018 SLIHP with a new rule adopted under a separate rulemaking action. 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 Tex. Gov't Code §2306.072.

REASONED JUSTIFICATION. The Department finds that Tex. Gov't Code §2306.0723 specifically authorizes the Department to consider the SLIHP as a rule. Accordingly, the repealed rule adopts by reference the 2018 SLIHP with a new rule adopted under a separate rulemaking action. The purpose of the rule and referenced 2018 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, resource allocation plan to meet state housing needs, and reports on State Fiscal Year 2017 performance.

The TDHCA Governing Board approved the 2018 SLIHP and the final order adopting the repealed rule on February 22, 2018.

SUMMARY OF PUBLIC COMMENTS. The public comment period for the repealed rule was held between December 29, 2017, and January 18, 2018. No public comment was received.

STATUTORY AUTHORITY. The repealed rule is adopted pursuant to the authority of Tex. Gov't Code §2306.053 which authorizes the Department to adopt rules and pursuant to Tex. Gov't Code §2306.0723 which specifically authorizes the Department to consider the SLIHP as a rule.

The repealed rule affects no other code, article or statute.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800774

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Effective date: March 15, 2018

Proposal publication date: December 29, 2017

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


10 TAC §1.23

The Texas Department of Housing and Community Affairs (the "Department") adopts new 10 TAC Chapter 1, §1.23, concerning the State of Texas Low Income Housing Plan and Annual Report (SLIHP) with changes to the proposed text as published in the December 29, 2017, Texas Register (42 TexReg 7494). The purpose of the new rule 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 Tex. Gov't Code §2306.072.

REASONED JUSTIFICATION. The Department finds that Tex. Gov't Code §2306.0723 specifically authorizes the Department to consider the SLIHP as a rule. Accordingly, the new rule adopts by reference the 2018 SLIHP. The purpose of the rule and referenced 2018 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, resource allocation plan to meet state housing needs, and reports on State Fiscal Year 2017 performance.

SUMMARY OF PUBLIC COMMENT AND STAFF RECOMMENDATIONS. The public comment period for the new rule was held between December 29, 2017, and January 18, 2018. The public comment period for the 2018 SLIHP was held between December 18, 2017 and January 31, 2018. A public hearing for the 2018 SLIHP was held on January 31, 2018, in Austin, Texas. Written comments were accepted by mail, email, and facsimile.

Although no comments were received concerning the proposed new rule, the Department received one comment on the 2018 SLIHP from one source: Alamo Area Council of Governments ("AACOG").

Comment 1: The Department received one comment from one source: Alamo Area Council of Governments ("AACOG").

Comment 1: AACOG commented that the 2018 State of Texas Low Income Housing Plan and Annual Report should make reference to the definition of "supportive service-enriched communities" which was an agenda item for the January 31, 2018, Housing and Health Services Coordination Council Quarterly Meeting.

Department Response: The Housing and Health Services Coordination Council ("HHSCC" or "the Council") is codified in Tex. Gov't Code §2306.1091 and is coordinated through TDHCA (http://www.tdhca.state.tx.us/hhscc/index.htm). The purpose of the Council is to increase state efforts to offer service-enriched housing through increased coordination of housing and health services. The Council seeks to improve interagency understanding and increase the number of staff in state housing and health services agencies that are conversant in both housing and services. Listed on the January 31, 2018, HHSCC Quarterly meeting agenda was a Discussion of the definition of Service-Enriched Housing (10 TAC, Chapter 1, Subchapter A, §1.11). Any continued definition discussion and rule review by HHSCC will not affect the SLIHP, but will be considered during formal review of that rule found at 10 TAC, Chapter 1, Subchapter A, §1.11. Notification of open public comment periods is made through the Texas Register, which can be found at: https://www.sos.state.tx.us/texreg/about.shtml. No changes have been made to the 2018 SLIHP in response to this comment.

The TDHCA Governing Board approved the 2018 SLIHP and the final order adopting the new rule on February 22, 2018.

STATUTORY AUTHORITY. The new rule is adopted pursuant to the authority of Tex. Gov't Code §2306.053 which authorizes the Department to adopt rules and pursuant to Tex. Gov't Code §2306.0723 which specifically authorizes the Department to consider the SLIHP as a rule.

The new rule 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 ("TDHCA" or 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) 475-3800.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2018.

TRD-201800775

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Effective date: March 15, 2018

Proposal publication date: December 29, 2017

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