10 TAC §§5.101-5.106, 5.108-5.114, 5.116-5.121
The amendments are proposed under Texas Government Code, Chapter
2306, and section 167, Article IX, of the General Appropriations Act.
Texas Administrative Code, is affected by the proposed amendments.
§5.101. Program Overview.
(a)
The Emergency Nutrition and Temporary Emergency Relief
Program
(ENTERP)
is a cooperative effort between
the Texas
Department of Housing and Community Affairs (TDHCA)
[
DHS
]
and county commissioners courts, other political subdivisions, or private
nonprofit organizations to provide relief to needy persons.
(b)
TDHCA
[
DHS
] approves only one program
for each county. A single allocation to a county may not [
exceed $100,000
nor
] be less than $1,000. Contractors
may be required to
[
must
] provide local matching funds that amount to
100%
[
50%
] of the contract total.
§5.102.Demonstration of Need.
TDHCA
[
DHS
] allocates funds to counties based
on the following evidence of their demonstrated needs:
(1)-(3)
(No change.)
§5.103. Contractor Eligibility.
TDHCA
[
DHS
] gives each county an opportunity to
apply for funds to operate this program in its county. If a county declines
to provide services,
TDHCA
[
DHS
] may accept applications
from political subdivisions or private nonprofit organizations. If a county
submits an application that does not comply with
TDHCA
[
DHS
] requirements or fails to respond within 30 days of receiving a request
for application,
TDHCA
[
DHS
] treats the county as if
it declined.
TDHCA
[
DHS
] selects another contractor and
informs the county of the choice.
§5.104. Scope of Services.
The contractor determines which of the following services are needed
and will be delivered:
(1)-(7)
(No change.)
(8)
other services that are integral but subordinate to
the contractor's plan as approved by
TDHCA
[
DHS
], including
medical and transportation services.
§5.105. Application Requirements.
To participate in the program, the contractor must submit a completed
application on a form provided by
TDHCA
[
DHS
]. In the
application, the contractor must include:
(1)
minimum personnel practices prescribed by
TDHCA
[
DHS
];
(2)-(5)
(No change.)
§5.106. Plan of Service.
(a)
In the application, the contractor submits to
TDHCA
[
DHS
] a plan for providing emergency relief services. This
plan includes:
(1)-(3)
(No change)
(4)
a description of how
the contractor
[
he
] will:
(A)-(D)
(No change.)
(b)
The contractor may revise eligibility criteria for prospective
clients. Before implementing the revised criteria,
the contractor
[
he
] must:
(1)
allow adequate notice and opportunity for public comment;
and
(2)
notify the
TDHCA
[
DHS
] contract
manager to obtain
TDHCA
[
DHS
] approval of the revised
criteria.
§5.108. Public Notice and Comment.
The contractor must allow adequate notice and opportunity for public
comment.
The contractor
[
He
] must notify the public before
establishing eligibility criteria and the scope, frequency, and duration of
benefits
the contractor
[
he
] proposes to provide under
the program. Public comment includes comments from public organizations, private
nonprofit organizations, voluntary associations, representatives of low-income
people, and other groups that assist the needy.
§5.109. Contractor Requirements for Establishing Client Eligibility.
(a)
The contractor must establish the client eligibility level
at no less than 75% of the federal poverty level in effect at the time the
plan is submitted to
TDHCA
[
DHS
]. The eligibility criteria
and operating procedures must include:
(1)
client requirements - maximum income levels[
,
]
based on family size, at which clients are eligible; need, family assets,
residency; procedure to request services; and documentation that a prospective
client must give the contractor;
(2)-(3)
(No change.)
(b)
The contractor may revise eligibility criteria for prospective
clients. Before implementing the revised criteria,
the contractor
[
he
] must:
(1)
(No change.)
(2)
notify the
TDHCA
[
DHS
] contract
manager to obtain
TDHCA
[
DHS
] approval of the revised
criteria.
§5.110. Contract Changes.
Any change in terms of the ENTERP contract required by a change
in state or federal law or regulation is automatically incorporated and effective
on the date designated by such law or regulation. Any change in terms of the
ENTERP contract shall be made by an amendment in writing and signed by all
parties to the contract.
[
Amendments are processed in the same manner
as the original contract.
]
§5.111. Contractor Reporting Requirements.
The Monthly Funding/Financial/Performance Report (MFFPR) (TDHCA
Forms #129A and #129B) serve as a monthly expenditure report, a request for
advance or reimbursement, and a performance report. Contractors providing
ENTERP assistance in two or more counties must use additional pages (TDHCA
Forms #129-A/2 and #129-B/2). MFFPRs are due to TDHCA no later than the 20th
day of the month following the month of actual expenditures reported. A final
MFFPR is due to the Department within (60) days after the end of the contract
period. For more information see ENTERP Policy Issuance #96-4.3.
[
DHS may deny payments or terminate a contract if the contract does not submit
departmental reports in the time frames required by DHS.
]
§5.112. Payment
(a)
TDHCA
[
DHS
] pays contractors on a
grant basis.
TDHCA
[
DHS
] pays the contractor after the
effective date of the contract and may pay the contractor before expenses
are incurred under the contract.
(b)
TDHCA
[
DHS
] determines the procedures
and forms that contractors use to request payment. Contractors must submit
all payment requests to
TDHCA
[
the DHS contract manager
].
(c)
The contractor must maintain accounting and service delivery
records to substantiate the expenditure of state funds and required local
matching funds and delivery of allowable services to eligible clients. The
contractor must maintain separate records for each county the contractor serves.
The contractor must make these records available to
TDHCA
[
DHS
] or its representatives, at reasonable times, for inspection, monitoring,
auditing, or evaluation purposes.
(d)
The contractor must submit
monthly
[
quarterly
] reports, in a format prescribed by
TDHCA
[
DHS
],
on services delivered and expenses incurred under the contract.
This
report must be received by TDHCA on the 20th of the month following the month
on which contractor is reporting, even if no activity occurred during the
report month.
[
The contractor must submit quarterly reports to the
DHS contract manager within 45 days following the end of the quarter. The
quarterly reporting periods are:
]
[(1)
September-November ]
[(2)
December-February ]
[(3)
March-May ]
[(4)
June-August.]
(e)
TDHCA
[
DHS
], at its option, may deny,
suspend, or reduce payment to a contractor who fails to maintain acceptable
accounting and service delivery records for current or prior contract periods
or who fails to submit acceptable expenditure and service delivery reports
for current or prior contract periods. [
The contractor may appeal the
DHS decision.
]
(f)
The contractor must return unspent or unmatched state funds
to
TDHCA
[
DHS
] within 30 days of being notified by
TDHCA
[
DHS
].
§5.113.Records.
(a)
Contractor shall maintain fiscal
records and supporting documentation for all ENTERP expenditures in accordance
with the Uniform Grant Management Standards, Common Rule, §42.
(b)
All information collected,
assembled or maintained by the contractor shall be made available to the public
during normal business hours in compliance with the Texas Open Records Act,
TEX. GOV'T CODE ANN. Chapter 552.
(c)
Contractor shall give the Department, or
its duly authorized representatives, access to and the right to examine and
copy, on or off of the premises of contractor, all records pertaining to this
contract. Contractor agrees to maintain such records in an accessible location
and to include the requirements of this subsection in all subcontracts.
[
The contractor must keep all records pertaining to the contract for
three years and 90 days after the end of the contract year that he provided
services. If an audit is begun during this time, the contractor must keep
the records until the audit is completed and any audit exceptions are resolved.
The contractor's accounting system must comply with accepted accounting principles
established by the American Institute of Certified Public Accountants.
]
§5.114. Audit.
The contractor shall arrange for the performance of an annual
financial and compliance audit of ENTERP funds as specified by TDHCA.
The contractor must make program information available to
TDHCA
[
DHS
] at the time and place requested by
TDHCA
[
DHS
].
§5.116. Contract Termination and Expiration.
(a)
TDHCA
[
DHS
] may terminate a contract
before the expiration date if:
(1)
TDHCA
[
DHS
] and the contractor mutually
agree to terminate the contract;
(2)
either
TDHCA
[
DHS
] or the contractor
gives the other party 30 days written notice that
the contractor
[
he
] intends to terminate the contract;
(3)
(No change.)
(4)
the contractor ceases to operate the program without
TDHCA's
[
DHS'
] approval; or
(5)
(No change.)
(b)
TDHCA
[
DHS
] sends the contractor a
written notice when a contract is terminated.
The contractor
[
He
] has the right to appeal this action within 15 days of receiving
the notice.
§5.117. Oil Overcharge Funding Program Overview.
TDHCA
[
DHS
] administers the oil overcharge funding
according to Emergency Nutrition and Temporary Emergency Relief Program
(ENTERP)
[
(EN/TERP)
] rules and procedures except when in conflict
with oil overcharge funding legislation.
§5.118.Oil Overcharge Funding Scope of Services.
(a)
Contractors under the Oil Overcharge Program must provide
money for payment to vendors of energy utility services to prevent the interruption
or termination of energy services or to restore that service to low-income
persons.
(b)
Oil Overcharge funding must be spent only for energy utility
services, defined as payment by voucher for electricity service; natural gas,
butane, propane, kerosene, and other heating petroleum products; cord wood
and coal;
and
purchases[
and repair
] of essential [
heating and
] cooling appliances[
; and blankets or coats for warmth
].
(c)-(d)
(No change.)
§5.119.Oil Overcharge Funding Budget.
(a)
A local unit of government or nonprofit organization receiving
funding from the Oil Overcharge Program
may be required to
[
must
] match the funds with an equal amount of money from other local
sources. The contractor must not use funds received from the following sources
for local match:
(1)
Oil Overcharge Restitutionary Act;
(2)
funds used to match the regular
ENTERP
[
EN/TERP
] allocation
.
[
; or
]
[
(3)
other state funds.]
[
(b)
Contractors must not use money
from federal sources to provide any portion of local matching money unless,
after application by the local unit of government or nonprofit organization,
the Office of the Governor specifically approves the use.]
(b)
[
(c)
]
Contractors may use local government
and nonprofit organization funds for the match.
§5.120.Oil Overcharge Contractor Requirements for Establishing Client Eligibility.
Contractors [
must give priority for assistance to persons who
have recently become unemployed and who do not qualify for other income assistance
programs
]
shall use the same criteria included in § 5.109.
§5.121.Oil Overcharge Funding Payment and Reports.
(a)
TDHCA
[
DHS
] makes oil overcharge payments
to contractors only on a cost reimbursement basis.
(b)
(No change.)
(1)
This report must be submitted to the
TDHCA
[
DHS
] contract manager by the
20th
[
15th
] day following
the last day of the month in which service is provided.
(2)
This report must be submitted each month whether or
not payment is requested[
because of DHS reporting, accounting, and tracking
requirements
].
(3)
If the required billing and statistical documentation
have not been received by the 30th day following the last day of the month
in which service is provided,
TDHCA
[
DHS
] considers this
a failure to comply with contract.
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 22, 1999.
TRD-9901687
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 2, 1999
For further information, please call: (512) 475-3726
10 TAC §5.115
(Editor's note: The text of the following section
proposed for repeal will not be published. The section 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 (TDHCA)
proposes the repeal of §5.115, concerning Audit Resolution. The section
is proposed to be repealed in order to remove unnecessary rules, which apply
to a predecessor agency as well as to comply with Section 167, Article IX,
of the General Appropriations Act.
Daisy A. Stiner, Executive Director, has determined that for the first
five-year period the repeal is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
repeal.
Ms. Stiner, Executive Director, has determined that for the first five-year
period the repeal is in effect the public benefit anticipated as a result
of enforcing the repeal will be to permit the adoption of new rules for the
Department. There will be no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal as proposed.
Comments on the proposal may be submitted to Ms. Anne Paddock, Deputy General
Counsel, Texas Department of Housing and Community Affairs, P.O. Box 13941,
Austin, Texas 78711-3941 or by fax 512/475-3978 within 30 days of this notice.
The repeal is proposed pursuant to the authority of the Texas
Government Code, Chapter 2306; and Section 167, Article IX, of the General
Appropriations Act.
The Texas Administrative Code is affected by this repeal.
§ 5.115. Audit Resolution.
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 22, 1999.
TRD-9901688
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 2, 1999
For further information, please call: (512) 475-3726