10 TAC §1.21
The Texas Department of Housing and Community Affairs (the
Department) proposes new §1.21, concerning Action by the Department if
Outstanding Balances Exist. The purpose of this section is, in accordance
with §2306.052(b)(4), Texas Government Code, to provide a mechanism to
increase the collection of funds owed to the Department by persons requesting
additional action by the Department prior to providing voluntary services.
The rule will not impact required services related to the delivery of compliance
functions.
Michael Gerber, Executive Director, has determined that for the first five-year
period the proposed new section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Gerber also has determined that for each year of the first five years
the proposed new section is in effect, the public benefit anticipated as a
result of enforcing this new section will be a more efficient use of state
resources by collecting outstanding balances. There will be no effect on persons,
small businesses or micro-businesses. There are no anticipated economic costs
to persons, small businesses or micro-businesses who are required to comply
with the section as proposed. The proposed new rule will not have an impact
on any local economy.
Comments may be submitted to Kevin Hamby, General Counsel, Texas Department
of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711-3941
or by e-mail at the following address: kevin.hamby@tdhca.state.tx.us.
The new section is proposed pursuant to the authority of the
Texas Government Code, Chapter 2306.
The new section affects no other code, article or statute.
§1.21.Action by Department if Outstanding Balances Exist.
(a)
Purpose. The purpose of this is to provide guidance to
persons requesting action by the Department on Applications, Amendments, Awards,
Appeals, Contracts, Commitment, Executed Form Documents, Loan Documents, or
LURAs when outstanding balances are owed to the Department by any Administrator,
Applicant, Person or Related Party on any relationship between the requestor
and the Department, regardless if it is the subject of the request.
(b)
Definitions. The following words and terms, when used in
this subchapter, shall have the following meanings, unless the context clearly
indicates otherwise:
(1)
Action--Request for the Department to perform a function
required or allowed under Texas Government Code §2306.001 et seq.
(2)
Administrator--The Person responsible for performing under
a Contract with the Department.
(3)
Affiliated Party--A person in a relationship with the Administrator
on a Contract with the Department. Does not apply to an Affiliated Party for
Application purposes.
(4)
Appeal--Action filed on behalf of an Administrator, Affiliated
Party, Applicant, to request reconsideration or challenge a prior decision
made by the staff, Executive Director or Board.
(5)
Applicant--A person who has submitted to the Department
an Application for Department funds or other assistance.
(6)
Application--The written request for Department funds or
other assistance in the format required by the Department including any exhibits
or other supporting material.
(7)
Award--Any grant, commitment, or loan provided by the Department.
(8)
Board--The Governing Board of the Texas Department of Housing
and Community Affairs.
(9)
Commitment--A fully executed document that commits the
Department to funding or other activity related to a program administered
by the Department.
(10)
Contract--The executed written agreement between the Department
and an Administrator performing an activity related to a program that outlines
performance requirements and responsibilities assigned by the document.
(11)
Department--The Texas Department of Housing and Community
Affairs.
(12)
Executed Form Documents--Documents that are signed by
the Department at the Request of any Administrator, Applicant, Person or Related
Party.
(13)
Executive Director--The administrative head of the Department
as defined under Texas Government Code §2306.036 and/or §2306.038.
(14)
Loan Documents--An agreement between the Department and
a Person regarding the terms and conditions of a loan provided to the Person
from the Department.
(15)
LURA--A Land Use Restriction Agreement that has been executed
by the Department and a Person related to a specific property or properties
and filed with the responsible recording authority.
(16)
Person--Any individual, partnership, corporation, association,
unit of government, community action agency, or public or private organization
of any character.
(17)
Request--Action initiated by voluntarily seeking Department
Action regardless of whether it is part of a statutory requirement (application
cycle, etc.) or an action to alter a previous Action taken by the Department.
Ongoing requirements such as compliance with reporting functions are not considered
to be a voluntary function.
(c)
The Department will not take Action on any Request involving
Applications, Amendments, Awards, Appeals, Contracts, Commitment, Executed
Form Documents, Loan Documents, or LURAs unless all funds owed to the Department
are current by any Administrator, Applicant, Person or Related Party involved
in any relationship between the requestor and the Department. The non-current
account need not be directly related to the Request.
(d)
Once the Department notifies an Administrator, Applicant,
Person or Related Party that they are subject to this rule, if no corrective
action has been taken by the Administrator, Applicant, Person or Related Party,
the Executive Director, may, after seven (7) days, deny the requested action
for failure to comply with this rule.
(e)
When time of submission is a factor in the Action requested,
the Action requested will not be considered submitted until this parameters
of this rule are met.
(f)
An appeal of any decision under this may be appealed in
accordance with §1.7 of this subchapter.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 5, 2007.
TRD-200700854
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: April 15, 2007
For further information, please call: (512) 475-4595