TITLE 10. COMMUNITY DEVELOPMENT

PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

CHAPTER 5. COMMUNITY SERVICES PROGRAMS

SUBCHAPTER A. COMMUNITY SERVICES BLOCK GRANT (CSBG)

10 TAC §5.6

The Texas Department of Housing and Community Affairs (the Department) proposes amendments to 10 TAC §5.6, concerning Distribution of CSBG Funds. The revised section is proposed to address the use of administrative funds and discretionary funds.

Mr. Michael Gerber, Executive Director, has determined that there will be no fiscal implications for the state and local government as a result of enforcing or administering the amended section.

Mr. Gerber has also determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the section will be to make available unexpended CSBG administrative funds for purposes outlined in §5.6(c) and (d). There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted in writing to Mr. Al Almaguer, Manager, Community Services Section, Texas Department of Housing and Community Affairs, Post Office Box 13941, Austin, Texas 78711-3941, within twenty-one days of this notice.

These amended sections are proposed pursuant to the authority of the Texas Government Code, Chapter 2306.

No other code, articles or statutes are affected by these sections.

§5.6.Distribution of CSBG Funds.

(a) - (b) (No change.)

(c) Any funds not expended under subsection (a) or (d) of this section may be expended for activities that may include: the provision of training and technical assistance to CSBG eligible entities, [Five percent (5%) of the Department's annual allocation of CSBG funds may be used for activities that may include:] services to low-income Migrant Seasonal Farmworker and Native American populations; to assist CSBG eligible entities in responding to natural or man-made disasters. The Department also considers proposals that request funding for innovative and demonstration projects that assist CSBG target population groups to overcome at least one of the barriers to attaining self-sufficiency. A portion of these funds are used to confer Performance Awards to eligible entities that transition persons out of poverty.

(d) Up to five percent (5%) of the Department's annual allocation of CSBG funds will be used for administrative purposes consistent with state and federal law. [Five percent (5%) of the Department's annual CSBG allocation is used to cover state administrative costs including salary and benefits for state CSBG staff, indirect costs, a portion of operating costs (space, telephone, staff travel, etc.), and capital expenditures (furnishings, equipment, etc.).]

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 July 8, 2008.

TRD-200803508

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Earliest possible date of adoption: August 24, 2008

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