TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 5. COMMUNITY AFFAIRS PROGRAMS

The Texas Department of Housing and Community Affairs (the "Department") proposes the repeal of 10 TAC Chapter 5 Community Affairs Programs: Subchapter A, General Provisions, §§5.1 - 5.11, 5.13 - 5.15, 5.18, 5.19, 5.21, 5.22; Subchapter B, Community Services Block Grant (CSBG), §§5.201 - 5.208, 5.210 - 5.217; Subchapter D, Comprehensive Energy Assistance Program, §§5.401 - 5.408, 5.421 - 5.424, 5.430 - 5.432; Subchapter E, Weatherization Assistance Program General, §§5.501 - 5.508, 5.516, 5.521 - 5.525, 5.528, 5.529, 5.531, 5.532; Subchapter F, Weatherization Assistance Program Department of Energy, §§5.601 - 5.614; Subchapter G, Weatherization Assistance Program Low-Income Home Energy Assistance Program, §§5.701 - 5.705; Subchapter J, Homeless Housing and Services Program (HHSP), §§5.1001 - 5.1004, 5.1006 - 5.1009; Subchapter K, Emergency Solutions Grants (ESG), §§5.2001 - 5.2014; Subchapter L, Compliance Monitoring, §5.2101; and directing that they be published for public comment in the Texas Register while renaming Chapter 5 Community Affairs Programs to Chapter 5 Section 8 Housing Choice Voucher Program. The purpose of the proposed repeal is to eliminate outdated sections of rules that are no longer used to govern the applicable programs. As part of a broad reorganization of, and revision to, the rules that govern the programs administered by the Community Affairs Division, two new Chapters were created and adopted into the Texas Administrative Code (TAC) in December 2016 to address any and all such rules that are proposed for repeal. The newly adopted Chapters, Chapter 6, Community Affairs Programs and Chapter 7, Homelessness Programs along with the revised sections of Chapters 1 and 2, take the place of all subchapters within Chapter 5 with the exception of Subchapter H, regarding the Section 8 Program. Any and all programs and/or contracts regulated by the subchapters within Chapter 5 listed above are no longer in effect thereby making the rules obsolete and necessitating their removal from the TAC.

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 Timothy K. Irvine, Executive Director, has determined that for each year of the first five years the repealed sections will be in effect, enforcing or administering the repealed sections does not have any foreseeable implications related to costs or revenues of the state or local governments.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

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

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

The proposed repeal will not require additional future legislative appropriations;

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

The proposed repeal will not create a new regulation;

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

The proposed repeal will not increase or will not 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 repeal is in effect, the public benefit anticipated as a result of the repealed sections will be to eliminate rules that are no longer in effect lessening the amount of rules in the TAC thereby reducing redundancy within the Department. There will be no economic cost to any individuals as a result of the repeal.

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 for the proposed repeal will be from March 9, 2018, to April 9, 2018. Written comments may be mailed to the Texas Department of Housing and Community Affairs, Gavin Reid, Rule Comments, P.O. Box 13941, Austin, Texas 78711-3941, by fax to (512) 475-3935; or email to gavin.reid@tdhca.state.tx.us.

ALL COMMENTS MUST BE RECEIVED BY 5:00 P.M. Austin local time, April 9, 2018.

SUBCHAPTER A. GENERAL PROVISIONS

10 TAC §§5.1 - 5.11, 5.13 - 5.15, 5.18, 5.19, 5.21, 5.22

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.1.Purpose and Goals.

§5.2.Definitions.

§5.3.Cost Principles and Administrative Requirements.

§5.4.Prohibitions.

§5.5.Lobbying Activities.

§5.6.Texas Public Information Act.

§5.7.Fidelity Bond Requirements.

§5.8.Inventory Report.

§5.9.Travel.

§5.10.Purchase and Procurement Standards.

§5.11.Procurement/Cooperative Purchasing Program.

§5.13.Bonding Requirements.

§5.14.Subrecipient Contract.

§5.15.Federal Funding Accountability and Transparency Act (FFATA).

§5.18.Information Technology Security Practices.

§5.19.Income Eligibility.

§5.21.Subrecipient Contact Information.

§5.22.Offsite Record Retention.

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 February 26, 2018.

TRD-201800830

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER B. COMMUNITY SERVICES BLOCK GRANT (CSBG)

10 TAC §§5.201 - 5.208, 5.210 - 5.217

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.201.Background and Definitions.

§5.202.Purpose and Goals.

§5.203.Distribution of CSBG Funds.

§5.204.Use of Funds.

§5.205.Limitations on Use of Funds.

§5.206.Termination and Reduction of Funding.

§5.207.Subrecipient Performance.

§5.208.Designation and Re-designation of Eligible Entities in Unserved Areas.

§5.210.CSBG Needs Assessment, Community Action Plan, and Strategic Plan.

§5.211.Subrecipient Reporting Requirements.

§5.212.CSBG Requirements for Tripartite Board of Directors.

§5.213.Board Structure.

§5.214.Board Administrative Requirements.

§5.215.Board Size.

§5.216.Board Responsibility.

§5.217.Board Meeting Requirements.

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 February 26, 2018.

TRD-201800831

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER D. COMPREHENSIVE ENERGY ASSISTANCE PROGRAM

10 TAC §§5.401 - 5.408, 5.421 - 5.424, 5.430 - 5.432

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.401.Background and Definitions.

§5.402.Purpose and Goals.

§5.403.Distribution of CEAP Funds.

§5.404.Subrecipient Eligibility.

§5.405.Subrecipient Requirements for Appeals Process for Applicants.

§5.406.Subrecipient Reporting Requirements.

§5.407.Subrecipient Requirements for Establishing Priority for Eligible Households and Client Eligibility Criteria.

§5.408.Service Delivery Plan.

§5.421.Client Education.

§5.422.General Assistance and Benefit Levels.

§5.423.Household Crisis Component.

§5.424.Utility Assistance Component.

§5.430.Allowable Subrecipient Administrative and Program Services Costs.

§5.431.Payments to Subcontractors and Vendors.

§5.432.Outreach, Accessibility, and Coordination.

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 February 26, 2018.

TRD-201800832

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER E. WEATHERIZATION ASSISTANCE PROGRAM GENERAL

10 TAC §§5.501 - 5.508, 5.516, 5.521 - 5.525, 5.528, 5.529, 5.531, 5.532

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.501.Background.

§5.502.Purpose and Goals.

§5.503.Definitions.

§5.504.Distribution of WAP Funds.

§5.505.Subrecipient Requirements for Appeals Process for Applicants.

§5.506.Subrecipient Reporting Requirements.

§5.507.Subrecipient Requirements for Establishing Priority for Eligible Households and Client Eligibility Criteria.

§5.508.Liability Insurance.

§5.516.Monitoring of WAP Subrecipients.

§5.521.Client Education.

§5.522.Mold Work Practices.

§5.523.Presence of Mold-Like Substances.

§5.524.Lead Safe Practices.

§5.525.Eligibility for Multifamily Dwelling Units.

§5.528.Health and Safety and Unit Deferral.

§5.529.Program Requirements.

§5.531.Training and Technical Assistance.

§5.532.Training Funds for Conferences.

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 February 26, 2018.

TRD-201800833

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER F. WEATHERIZATION ASSISTANCE PROGRAM DEPARTMENT OF ENERGY

10 TAC §§5.601 - 5.614

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.601.DOE Cost Principles and Administrative Requirements.

§5.602.WAP Policy Advisory Council (WAP PAC).

§5.603.Adjusted Average Expenditure Per Dwelling Unit.

§5.604.Categorical Eligibility Criteria.

§506.5.Training and Technical Assistance.

§5.606.Electric Base Load Measures.

§5.607.Space Heater Requirements.

§5.608.Vehicle Procurement Procedures.

§5.609.Grant Guidance on Leasing of Vehicles.

§5.610.Energy Audit.

§5.611.Energy Audit Procedures.

§5.612.Whole House Assessment.

§5.613.Blower Door Standards.

§6.614.Deobligation and Reobligation of Awarded Funds.

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 February 26, 2018.

TRD-201800834

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER G. WEATHERIZATION ASSISTANCE PROGRAM LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM

10 TAC §§5.701 - 5.705

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.701.Allowable Expenditure per Dwelling Unit.

§5.702.Allowable Activities.

§5.703.Outreach and Accessibility.

§5.704.Leveraging.

§5.705.Priority Assessment.

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 February 26, 2018.

TRD-201800835

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER J. HOMELESS HOUSING AND SERVICES PROGRAM (HHSP)

10 TAC §§5.1001 - 5.1004, 5.1006 - 5.1009

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.1001.Purpose.

§5.1002.Distribution of Funds.

§5.1003.General Homeless Housing and Services Program (HHSP) Requirements.

§5.1004.Formula.

§5.1006.Performance and Expenditure Benchmarks.

§5.1007.Subrecipient Reporting Requirements.

§5.1008.Subrecipient Data Collection.

§5.1009.Shelter and Housing Standards.

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 February 26, 2018.

TRD-201800836

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER K. EMERGENCY SOLUTIONS GRANTS (ESG)

10 TAC §§5.2001 - 5.2014

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.2001.Background.

§5.2002.Purpose and Use of Funds.

§5.2003.Availability of ESG Funds.

§5.2004.Eligible Applicants.

§5.2005.Eligible Program Participants.

§5.2006.Contract Execution.

§5.2007.Reporting.

§5.2008.Program Income.

§5.2009.Recordkeeping.

§5.2010.Property and Equipment Management Standards.

§5.2011.Compliance and Monitoring.

§5.2012.Redistribution/Reallocation of Additional Grant Funds and Unexpended Funds.

§5.2013.Environmental Clearance.

§5.2014.VAWA Requirements.

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 February 26, 2018.

TRD-201800837

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828


SUBCHAPTER L. COMPLIANCE MONITORING

10 TAC §5.2101

STATUTORY AUTHORITY. The repealed sections are proposed pursuant to Tex. Gov't. Code §2306.053, which authorizes the Department to adopt rules. Additionally, the repealed sections are proposed pursuant to Tex. Gov't. Code Chapter 2306, which specifically authorizes the Department to administer community affairs programs.

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

§5.2101.Purpose and Overview.

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 February 26, 2018.

TRD-201800838

Timothy K. Irvine

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: April 8, 2018

For further information, please call: (512) 936-7828