TITLE 1.ADMINISTRATION

Part 1. OFFICE OF THE GOVERNOR

Chapter 5. BUDGET AND PLANNING OFFICE

Subchapter B. STATE AND LOCAL REVIEW OF FEDERAL AND STATE ASSISTANCE APPLICATIONS

1. INTRODUCTION AND GENERAL PROVISIONS OF TEXAS REVIEW AND COMMENT SYSTEM

1 TAC §5.195

The Office of the Governor adopts an amendment to 1 TAC §5.195, concerning the Texas Review and Comment System with changes to the proposed text as published in the January 21, 2005, issue of the Texas Register (30 TexReg 173).

The amendment adds 16 new programs for review, deletes 8 programs no longer in existence or no longer of widespread interest and conforms program numbers to current listings in the Catalog of Federal Domestic Assistance.

No comments were received regarding adoption of the amendment.

The amendment is adopted under Government Code, Title 7, §772.004 and §772.005, and the Local Government Code, Chapter 391, §391.008, which authorizes the Office of the Governor to provide for review state and local applications for grant and loan assistance and to establish policies and guidelines for review and comment. Chapter 391 of the Local Government Code requires certain applicants for state or federal assistance to submit their applications for review to the appropriate regional planning commissions and directs the governor to issue guidelines for carrying out such reviews.

§5.195.Program Coverage.

(a) Federal program coverage under the Texas Review and Comment System (TRACS) is constrained by the dictates of Executive Order 12372, which stipulates the list of programs states may select for review and on which accommodation may be sought. In addition, federal statutes, particularly the Demonstration Cities and Metropolitan Development Act of 1966, §204, the Intergovernmental Cooperation Act of 1968, §401(a), and the National Environmental Policy Act of 1969, §102(2)(C), mandate certain programs for review.

(b) Program coverage will be reviewed for changes at least annually. New state and federal assistance programs not specifically exempted by law will be automatically covered under TRACS. Program coverage changes will be published in the Texas Register .

(c) Federal programs included for review under TRACS pursuant to these laws, plus selected other activities, including all direct federal and state development not specifically excluded by law, are shown, respectively, in Tables I and II. Copies of these tables may be obtained from Ms. Denise S. Francis, State Single Point of Contact, Office of the Governor, Budget, Planning and Policy Division, Post Office Box 12428, Austin, Texas 78711-2428 or dfrancis@governor.state.tx.us. As required by state law (Government Code, §772.005), all state agencies must notify the Office of the Governor when applying for federal funds.

Figure: 1 TAC §5.195(c)

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 2, 2005.

TRD-200501776

Katherine R. Knight

Assistant General Counsel

Office of the Governor

Effective date: May 22, 2005

Proposal publication date: January 21, 2005

For further information, please call: (512) 463-3471