Part 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 8. PROJECT ACCESS PROGRAM RULES
The Texas Department of Housing and Community Affairs (the Department) proposes new §8.1, concerning Project Access Program Rules. The purpose of the proposed new section is to define the eligibility criteria that apply to Project Access voucher recipients.
Michael Gerber, Executive Director, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the new section as proposed.
Mr. Gerber has also 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 the new section will be the provision of affordable housing options for persons with disabilities transitioning from institutions into the community. There will be no adverse economic effect on small businesses or persons. There is no anticipated economic cost to persons who are required to comply with the new section as proposed.
The public comment period will be between March 28, 2008 and April 30, 2008 to receive public input on this rule. Written comments may be submitted to Texas Department of Housing and Community Affairs, Brenda Hull, P.O. Box 13941, Austin, Texas 78711-3941, by e-mail to brenda.hull@tdhca.state.tx.us, or by fax to (512) 469-9606.
The new section is 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 the proposed new section.
§8.1.Project Access Program Rules.
(a) Purpose. Project Access is a program that utilizes federal Section 8 Housing Choice Vouchers administered by the Texas Department of Housing and Community Affairs to assist low-income non-elderly persons with disabilities in transitioning from institutions into the community by providing access to affordable housing. The purpose of this rule is to define the eligibility criteria that apply to Project Access voucher recipients.
(b) Definitions.
(1) Board--The board of directors of the department.
(2) Department--The Texas Department of Housing and Community Affairs.
(3) Section 8--The United States Department of Housing and Urban Development Section 8 Housing Choice Voucher Program administered by the Texas Department of Housing and Community Affairs.
(4) At-Risk Applicant--Applicant that meets the following criteria:
(A) current recipient of Tenant-Based Rental Assistance from the Department's HOME Investments Partnership Program; and
(B) within 120 days prior to expiration of assistance.
(c) Regulations Governing Program. All Section 8 Program rules and regulations apply to the program.
(d) Project Access Eligibility Criteria. A Project Access voucher recipient must meet all Section 8 eligibility criteria as well as meet all of the following eligibility criteria:
(1) have a permanent disability as defined in §223 of the Social Security Code or be determined to have a physical, mental or emotional disability that is expected to be of long-continued and indefinite duration that impedes one's ability to live independently;
(2) be less than 62 years of age at the time of voucher issuance; and
(3) meet one of the following criteria:
(A) be an At-Risk Applicant and a previous resident of a nursing facility, intermediate care facility, or board and care facility as defined by the U.S. Department of Housing and Urban Development; or
(B) be a current resident of a nursing facility, intermediate care facility, or board and care facility at the time of voucher issuance as defined by the U.S. Department of Housing and Urban Development.
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 17, 2008.
TRD-200801473
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: April 27, 2008
For further information, please call: (512) 475-3916