PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
SUBCHAPTER A. GENERAL POLICIES AND PROCEDURES
The Texas Department of Housing and Community Affairs (the Department) proposes an amendment to §1.23, concerning the State of Texas Low Income Housing Plan and Annual Report (SLIHP). The section adopts by reference the annual State of Texas Low Income Housing Plan and Annual Report (SLIHP). The purpose of the SLIHP is to serve as a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. The document reviews the Department's programs, current and future policies, resource allocation plan to meet state housing needs, and reports on 2008 performance. The Department is required to submit the SLIHP annually to its Board of Directors in accordance with §2306.072, Texas Government Code. The proposed amendment would adopt by reference the 2009 State of Texas Low Income Housing Plan and Annual Report (SLIHP).
Mr. Michael Gerber, Executive Director, has determined that for the first five-year period the amended section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended section as proposed.
Mr. Gerber has also determined that for each year of the first five years the amended section is in effect the public benefit anticipated will be improved communication with the public regarding the Department's programs and activities. There will be no effect on small businesses or persons. There is no anticipated economic cost to persons who are required to comply with the amended section as proposed.
The full text of the 2009 SLIHP may be viewed at the Department's website: www.tdhca.state.tx.us. The public may also receive a copy of the 2009 SLIHP by contacting the Department's Housing Resource Center at (512) 475-3976.
The public comment period will be held January 5, 2009 to February 2, 2009. 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 the following address: brenda.hull@tdhca.state.tx.us, or by fax to (512) 469-9606.
The TDHCA Board of Directors will consider the final 2009 SLIHP at the March 2009 board meeting. The 2009 SLIHP will become effective 20 days after being filed in the Office of the Secretary of State.
The amended 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 amendment.
§1.23.State of Texas Low Income Housing Plan and Annual Report (SLIHP).
The Texas Department of Housing and Community Affairs (the
Department) adopts by reference the 2009 [2008]
State of Texas Low Income Housing Plan and Annual Report (SLIHP).
The full text of the 2009 [2008] SLIHP may be
viewed at the Department's website: www.tdhca.state.tx.us. The public
may also receive a copy of the 2009 [2008] SLIHP
by contacting the Department's Housing Resource Center at (512) 475-3976.
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 December 19, 2008.
TRD-200806602
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 475-3916
SUBCHAPTER A. GENERAL
The Texas Department of Housing and Community Affairs (Department) proposes amendments to 10 TAC Chapter 53, Subchapter A, §53.1 and §53.8. The proposed amendments make changes to the existing rule to ensure compliance with all statutory requirements, formalize existing policy and guidelines contained in the HOME program manuals and include revisions of necessary policy and administrative changes to further enhance operations by deleting compliance penalty provisions from the rule.
Mr. Michael Gerber, Executive Director, has determined that for the first five-year period the amended sections are in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended sections as proposed.
Mr. Gerber has also determined that for each year of the first five-years the amended sections are in effect the public benefit anticipated as a result of enforcing the amended sections will be enhanced compliance with all statutory requirements, formalized policy and guidelines contained in the HOME program manuals, and further enhanced operations of the HOME program. There will be no effect on small businesses or persons. There is no anticipated economic cost to persons who are required to comply with the amended sections as proposed.
The public comment period will be held January 2, 2009 to February 2, 2009 to receive input on these amendments. Written comments may be submitted to Texas Department of Housing and Community Affairs, Home Division, P.O. Box 13941, Austin, Texas 78711-3941, by e-mail to the following address: HOME@tdhca.state.tx.us, or by fax to (512) 475-0220. ALL COMMENTS MUST BE RECEIVED BY FEBRUARY 2, 2009.
The amended sections 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.
The amended sections affect no other code, article or statute.
§53.1.Purpose.
This chapter [Chapter] clarifies the
use and administration of all funds provided to the Texas Department
of Housing and Community Affairs (Department) by the United States
Department of Housing and Urban Development (HUD) pursuant to Title
II of the Cranston-Gonzalez National Affordable Housing Act of 1990
(42 USC §§12701-12839) and HUD regulations at 24 CFR, Part 92.
All provisions of this chapter apply to any Application received
on or after the date of adoption of this chapter by the Department's
Board. Existing Contracts or Applications received prior to the date
of adoption of this chapter may be amended in writing at the request
of the Administrator or Applicant, and with Department approval, to
subject the Contract or Application to all provisions of this chapter.
Amendments proposing only partial adoption of this chapter are prohibited
and no amendment adopting this chapter shall be granted if, in the
discretion of the Department, any of the provisions of this chapter
conflict with the NOFA under which the existing Contract was awarded
or Application was submitted. The State's HOME Program is designed to:
(1) - (4) (No change.)
§53.8.Notice of Receipt of Application or Proposed Application.
(a) Not later than the 14th day after the date an Application or a proposed Application for housing funds described by §2306.111 has been filed for multifamily or single family development, the Department shall provide written notice of the filing of the Application or proposed Application to the following Persons:
(1) - (6) (No change.)
(b) (No change.)
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 December 19, 2008.
TRD-200806603
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 475-3916
The Texas Department of Housing and Community Affairs (Department) proposes amendments to 10 TAC Chapter 53, Subchapter C, §53.30. The proposed amendment makes changes to the existing rule to ensure compliance with all statutory requirements, formalize existing policy and guidelines contained in the HOME program manuals and include revisions of necessary policy and administrative changes to further enhance operations by deleting compliance penalty provisions from the rule.
Mr. Michael Gerber, Executive Director, has determined that for the first five-year period the amended section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended section as proposed.
Mr. Gerber has also determined that for each year of the first five-years the amended section is in effect the public benefit anticipated as a result of enforcing the amended section will be enhanced compliance with all statutory requirements, formalized policy and guidelines contained in the HOME program manuals, and further enhanced operations of the HOME program. There will be no effect on small businesses or persons. There is no anticipated economic cost to persons who are required to comply with the amended section as proposed.
The public comment period will be held January 2, 2009 to February 2, 2009 to receive input on this amendment. Written comments may be submitted to Texas Department of Housing and Community Affairs, Home Division, P.O. Box 13941, Austin, Texas 78711-3941, by e-mail to the following address: HOME@tdhca.state.tx.us, or by fax to (512) 475-0220. ALL COMMENTS MUST BE RECEIVED BY FEBRUARY 2, 2009.
The amended 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.
The amended section affects no other code, article or statute.
§53.30.Activities in Consolidated Plan.
Through its Consolidated Plan, the Department has identified
general guidelines for funding of a Program Activity. Applicants that
meet the qualifications identified in this chapter and under the terms
of a NOFA may apply for any Program Activity the Department funds. [
All provisions of this chapter apply to any Application received
on or after the date of adoption of this chapter by the Department's
Board. Existing Contracts or Applications received prior to the date
of adoption of this chapter may be amended in writing at the request
of the Administrator or Applicant, and with Department approval, to
subject the Contract or Application to all provisions of this chapter.
Amendments proposing only partial adoption of this chapter are prohibited
and no amendment adopting this chapter shall be granted if, in the
discretion of the Department, any of the provisions of this chapter
conflict with the NOFA under which the existing Contract was awarded
or Application was submitted.]
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 December 19, 2008.
TRD-200806604
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 475-3916
The Texas Department of Housing and Community Affairs (Department) proposes amendments to 10 TAC Chapter 53, Subchapter D, §53.47. The proposed amendment makes changes to the existing rule to ensure compliance with all statutory requirements, formalize existing policy and guidelines contained in the HOME program manuals and include revisions of necessary policy and administrative changes to further enhance operations by deleting compliance penalty provisions from the rule.
Mr. Michael Gerber, Executive Director, has determined that for the first five-year period the amended section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended section as proposed.
Mr. Gerber has also determined that for each year of the first five-years the amended section is in effect the public benefit anticipated as a result of enforcing the amended section will be enhanced compliance with all statutory requirements, formalized policy and guidelines contained in the HOME program manuals, and further enhanced operations of the HOME program. There will be no effect on small businesses or persons. There is no anticipated economic cost to persons who are required to comply with the amended section as proposed.
The public comment period will be held January 2, 2009 to February 2, 2009 to receive input on this amendment. Written comments may be submitted to Texas Department of Housing and Community Affairs, Home Division, P.O. Box 13941, Austin, Texas 78711-3941, by e-mail to the following address: HOME@tdhca.state.tx.us, or by fax to (512) 475-0220. ALL COMMENTS MUST BE RECEIVED BY FEBRUARY 2, 2009.
The amended 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.
The amended section affects no other code, article or statute.
§53.47.Application and Award Limitations.
(a) The Department reserves the right to reduce the amount requested in an Application based on Program Activity or Project feasibility, underwriting analysis, or availability of funds.
(1) - (3) (No change.)
(4) The Contract award amount for CHDO Operating Expenses shall not exceed:
(A) (No change.)
(B) $50,000 [$75,000], whichever is greater.
(C) (No change.)
(5) (No change.)
(b) (No change.)
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 December 19, 2008.
TRD-200806605
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 475-3916
The Texas Department of Housing and Community Affairs (Department) proposes amendments to 10 TAC Chapter 53, Subchapter G, §53.80. The proposed amendment makes changes to the existing rule to ensure compliance with all statutory requirements, formalize existing policy and guidelines contained in the HOME program manuals and include revisions of necessary policy and administrative changes to further enhance operations by deleting compliance penalty provisions from the rule.
Mr. Michael Gerber, Executive Director, has determined that for the first five-year period the amended section is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the amended section as proposed.
Mr. Gerber has also determined that for each year of the first five-years the amended section is in effect the public benefit anticipated as a result of enforcing the amended section will be enhanced compliance with all statutory requirements, formalized policy and guidelines contained in the HOME program manuals, and further enhanced operations of the HOME program. There will be no effect on small businesses or persons. There is no anticipated economic cost to persons who are required to comply with the amended section as proposed.
The public comment period will be held January 2, 2009 to February 2, 2009 to receive input on this amendment. Written comments may be submitted to Texas Department of Housing and Community Affairs, Home Division, P.O. Box 13941, Austin, Texas 78711-3941, by e-mail to the following address: HOME@tdhca.state.tx.us, or by fax to (512) 475-0220. ALL COMMENTS MUST BE RECEIVED BY FEBRUARY 2, 2009.
The amended 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.
The amended section affects no other code, article or statute.
§53.80.Documents Supporting Mortgage Loans.
(a) - (d) (No change.)
(e) Documentation required for OCC and HBA with Rehabilitation
Loans: The Administrator must ensure the following documents are submitted
to the Department in order to request preparation of Loan
documents [be prepared] for the Household:
(1) A title report or a commitment to issue a title policy not older than ninety (90) days that:
(A) evidences eligible forms of homeownership pursuant to §53.31(b) of this chapter and 24 CFR §92.2; and
(B) evidences no tax lien, [no]
child support lien, [and no] mechanic's or materialman's
lien or any other restrictions or encumbrances that impair the
good and marketable nature of title to the ownership interest.
The title report must be a [non-insurance] report of the
property reflecting [from] the current owner's
[date of the last] deed vesting title [
to the present], including complete deed information,[
;] grantees,
grantors, execution and recording dates, recording references, and
legal description, as well as all existing [open]
mortgages/deed of liens [trusts];
(2) - (5) (No change.)
(f) (No change.)
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 December 19, 2008.
TRD-200806606
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: February 1, 2009
For further information, please call: (512) 475-3916