TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 1. ADMINISTRATION

SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES

10 TAC §§1.1, 1.5, 1.12

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Housing and Community Affairs or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Housing and Community Affairs (the Department) proposes the repeal of §1.1 Private Donors, §1.5 Contract Monitoring, and §1.12 Administrative Hearings. Section 1.1 concerning Private Donors is proposed for repeal because the subject matter is more appropriately covered in various provisions of the Government Code, Penal Code and the Department's ethics policy. Section 1.5, concerning Contract Monitoring Policy is proposed for repeal because the subject matter is more appropriate as a Department policy. Section 1.12 concerning Administrative Hearings is proposed for repeal because it has been superseded by Chapter 60, Subchapter C of this title, concerning Administrative Penalties.

Mr. Michael Gerber, Executive Director, has determined that for each year of the first five years that the repeals are in effect there is no foreseeable implications relating to costs or revenues of the state or local governments.

Mr. Gerber has also determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of repealing these rules will be the elimination of duplicate and unnecessary regulations. There will be no adverse economic effect on small businesses or micro-businesses. There is no anticipated economic cost to persons who are affected by the repeals as proposed.

Written comments may be submitted to Texas Department of Housing and Community Affairs, Attn: Kevin Hamby, General Counsel, P.O. Box 13941, Austin, Texas 78711-3941 or by e-mail to the following address: kevin.hamby@tdhca.state.tx.us. All comments must be received within thirty days of the date of the publication of this notice.

The repeals are proposed pursuant to the authority of the Texas Government Code, Chapter 2306 which provides the Department with the authority to adopt rules governing the administration of the Department and its programs.

No other statutes, articles, or codes are affected by this proposed repeal.

§1.1.Private Donors.

§1.5.Contract Monitoring Policy.

§1.12.Administrative Hearings.

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 June 30, 2008.

TRD-200803400

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 475-3916


CHAPTER 5. COMMUNITY SERVICES PROGRAMS

SUBCHAPTER B. EMERGENCY NUTRITION AND TEMPORARY EMERGENCY RELIEF PROGRAM

10 TAC §§5.101 - 5.114, 5.116 - 5.121

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Department of Housing and Community Affairs or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Texas Department of Housing and Community Affairs (the Department) proposes the repeal of Chapter 5, Subchapter B, §§5.101- 5.114 and §§5.116 - 5.121, concerning Emergency Nutrition and Temporary Emergency Relief Program because the authority for the program was repealed by the 80th Legislature.

Mr. Michael Gerber, Executive Director, has determined that for each year of the first five years that the repeals are in effect there is no foreseeable implications relating to costs or revenues of the state or local governments.

Mr. Gerber has also determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of repealing these rules will be the elimination of regulations that are no longer in effect. There will be no adverse economic effect on small businesses or micro-businesses. There is no anticipated economic cost to persons who are affected by the repeals as proposed.

Written comments may be submitted to Texas Department of Housing and Community Affairs, Attn: Kevin Hamby, General Counsel, P.O. Box 13941, Austin, Texas 78711-3941 or by e-mail to the following address: kevin.hamby@tdhca.state.tx.us. All comments must be received within thirty days of the date of the publication of this notice.

The repeals are proposed pursuant to the authority of the Texas Government Code, Chapter 2306 which provides the Department with the authority to adopt rules governing the administration of the Department and its programs.

No other statutes, articles, or codes are affected by this proposed repeal.

§5.101.Program Overview.

§5.102.Demonstration of Need.

§5.103.Contractor Eligibility.

§5.104.Scope of Services.

§5.105.Application Requirements.

§5.106.Plan of Service.

§5.107.Budget.

§5.108.Public Notice and Comment.

§5.109.Contractor Requirements for Establishing Client Eligibility.

§5.110.Contract Changes.

§5.111.Contractor Reporting Requirements.

§5.112.Payment.

§5.113.Records.

§5.114.Audit.

§5.116.Contract Termination and Expiration.

§5.117.Oil Overcharge Funding Program Overview.

§5.118.Oil Overcharge Funding Scope of Services.

§5.119.Oil Overcharge Funding Budget.

§5.120.Overcharge Contractor Requirements for Establishing Client Eligibility.

§5.121.Oil Overcharge Funding Payment and Reports.

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 June 30, 2008.

TRD-200803401

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: August 10, 2008

For further information, please call: (512) 475-3916