Part I.
Texas Department of Housing and Community Affairs
Chapter 80.
Manufactured Housing
Subchapter D. Standards and Requirements
10 TAC §§80.53-80.55
The Texas Department of Housing and Community Affairs (Department)
proposes amending §§80.53 - 80.55, concerning the home manufacturer's
design requirements, moisture and ground vapor control measures, generic standards
for installing manufactured homes, and alternate generic cross drive rock
anchor installation instructions.
Section 80.53(e) is amended to communicate that installers may install
cross drive rock anchors in accordance with the generic installation standards.
Section 80.54(a)(2) is amended so that the generic standards may be modified
by an appendix filed in accordance with §80.51(a)(2). If the design of
a home requires a change in the generic standards to protect the structural
integrity of the home, the home manufacturer may file an appendix to the state's
generic standards as part of the home manufacturer's installation instructions.
Section 80.54(b) is amended to delete the requirement to install a ground
vapor barrier material under every manufactured home installed. Retailers
or installers are only required to install the ground vapor barrier material
if the home is installed per the department's generic standards or if the
manufacturer's installation instructions require the material to be installed.
Section 80.54(b)(3) is amended to explain the standards for ground clearance
requirement if a home is installed per the generic standards. If a home is
installed in accordance with the home installation instructions, the installer
must follow the ground clearance requirement of the home installation instructions.
Section 80.54(b)(5) is amended to explain the standards for moisture and
ground vapor controls and the generic requirement for access openings since
this is a measure for monitoring moisture and ground vapor controls. If the
space underneath the home is to be enclosed, the retailer and/or installer
must notify the purchaser that moisture and ground vapor control measures
are required. If a home is installed in accordance with the home installation
instructions, the installer must follow the moisture and ground vapor control
requirements of the home installation instructions. For the purpose of safety
and durability, installers are required to pass the clothes dryer exhaust
duct, air conditioning condensation drain, or combustion air inlet through
the skirting to the outside, if those items are present.
Section 80.54(c), the Site Preparation Notice, is amended to explain that
if skirting is provided, the consumer must be notified that moisture and ground
vapor control measures are required. The phrase "ground vapor retarder" was
updated to "ground vapor control measures." These changes are required since
home installation instructions may require moisture and ground vapor control
measures other than a vapor retarder on the ground.
Figure: 10 TAC §80.55(d)(1) and Figure: 10 TAC §80.55(d)(2) are
amended to add references to refer to §80.55(d)(4) concerning alternative
generic cross drive rock anchor installation instructions.
New §80.55(d)(4) is added because there are no cross drive rock or
soil auger anchors individually designed for mixed rock and soil conditions
or hard caliche soil. Presently, the department has approved anchors for installation
in soil and in rock, but has no approved anchors for mixed soil. Even if there
were such anchors available, there is a 12-month time period for testing new
anchors under the department's requirements, with a cost to the anchor manufacturer
of approximately $50,000.
Alternative anchoring systems approved by the department, such as custom-designed
anchor systems or concrete pads with embedded anchors, are economically prohibitive
for most consumers and homeowners who live in areas of difficult soils, or
the systems are not designed for all home widths.
The department found that there was an immediate need for safe, affordable
anchoring of new and used manufactured homes in difficult soils, without which
there is an imminent peril to occupants and neighboring homes if such anchoring
systems are not implemented.
An emergency rule is in effect until June that addresses the cross drive
rock anchor installation requirements in §80.54(a) and the requirement
for a ground vapor retarder in subsections (b) and (c). The emergency rules
require that installers double the amount of cross drive rock anchors and
diagonal ties (use two for each specified) when inserted in mixed rock and
soil conditions or hard caliche soil in order to meet necessary holding requirements
for wind resistance.
Based upon information provided by license holders and the public, the
rule for doubling the amount of cross drive rock anchors and diagonal frame
ties should continue. Installers need an additional method for anchoring homes
until more devices and systems are invented and approved for use in difficult
soils.
Bobbie Hill, Director of Manufactured Housing, has determined that for
each year of the first five years the sections as proposed will be in effect,
there will be no fiscal implications for state or local government as a result
of enforcing or administering these sections.
Ms. Hill also has determined that for each year of the first five years
the sections as proposed will be in effect, the public benefit as a result
of enforcing the sections is improved quality of home installation and increased
safety and durability of homes. The public benefit/probable economic costs
for each section of the rules is as follows:
Amendment of §80.53 will improve communication about the choice that
installers have to follow the generic installation instructions for cross
drive rock anchors installed in difficult soil types. This improvement will
benefit consumers and benefit large and small manufactured home retailing
and installing businesses. There are no anticipated economic costs to persons/businesses
who are required to comply with the section as proposed.
Amendment of §80.54 will enhance preservation of structural integrity
for manufactured homes, lower energy costs for cooling, increase assurance
that appliance drain and duct terminations will be properly installed, and
increase public knowledge of the moisture and ground vapor control measures.
This increased public knowledge of the moisture and ground vapor control measures
will also benefit small and large businesses by enabling consumers to make
more informed decisions about purchasing home site preparation services and
moisture and ground vapor control measures. The anticipated economic costs
to persons/businesses who are required to comply with the section as proposed
will be minimal, since the additional costs will be passed on to consumers
who choose to have the moisture and ground vapor control measures installed.
The cost of compliance per home will be the same for small and large businesses.
The material and installation cost of a ground vapor retarder will be approximately
$100 for a single section home and $200 for a double section home. Any benefit
resulting from lower energy costs for cooling cannot be precisely predicted,
but a vapor barrier installed over the soil in the crawl space is recommended
by the Texas State Energy Conservation Office publication, "Manufactured Homes."
The proposed ground vapor control measures do not increase the cost of
every manufactured home installation. The proposed rule only requires the
retailer or installer to install any required moisture and ground vapor control
measures if the retailer or installer provides the materials for skirting
or contracts for the installation of skirting. Retailers and installers may
contract with consumers to install homes in accordance with the home installation
instructions or the generic installation standards. If the home installation
instructions only recommend or suggest a vapor retarder on the ground, the
retailer or installer may follow the required home installation instructions
and is not required to place a vapor retarder on the ground. When retailers
or installers follow the proposed generic standards and contract to enclose
the space under the home with skirting, the retailers or installers must install
the moisture and ground vapor control measures required by the proposed generic
standards in §80.54. The proposed rule about requiring a crawl space
access opening will increase the manufactured home installation cost if the
retailer or installer provides materials to enclose the crawl space under
a home. The cost will be less than $50 per home.
Since the installation instructions for solid fuel burning fireplaces and
direct vent system appliances presently require combustion air inlets to pass
through skirting to the outside, the proposed rule does not increase the manufactured
home installation cost.
Since the installation instructions for clothes dryer exhaust ducts and
air conditioning condensation drains presently require proper terminations,
the proposed rule does not increase the manufactured home installation cost
when the retailer and/or installer provides the clothes dryer exhaust duct
or air conditioning.
Amendment of §80.55 will provide a moderate cost anchoring method
for difficult soils in the generic standards. This moderate cost anchoring
method will also benefit small and large retailing and installing businesses.
The anticipated economic costs to persons/businesses who are required to comply
with the section as proposed will be more than the costs of a soil auger anchoring
system, but the costs will be less than the costs of a slab with concrete
anchors.
The generic rule (§80.55(d)(4)) will double the amount of cross drive
rock anchors for difficult soils, such as mixed soil and rock or caliche (heavily
weathered limestone) that is not solid rock. The amendment to rule §80.55(d)(4)
will modify Table 4A in §80.55(d)(2). For difficult soils, a manufactured
home installer cannot insert a soil auger anchor. The installer also cannot
properly install a cross drive rock anchor, which is only designed for solid
rock. A manufactured home installer must use another approved method. The
following list describes the other approved methods and their limitations.
Alternative anchoring systems described by the
home installation instructions:
The limitation is that only a few home
installation instructions describe anchoring systems other than soil auger
anchors.
A custom designed anchoring system:
The
limitation is that an installer, retailer, or consumer must employ a Texas
licensed engineer or architect to design the custom designed anchoring system.
The anchoring system cost may range from moderate ($1000) to high ($3500).
An anchoring system pre-approved by the department:
The limitation is that department pre-approved anchoring systems do
not exist for all home dimensions, home weights, and installation conditions.
The costs for these pre-approved anchoring systems may range from low ($400)
to high ($3500).
Modified Table 4A in §80.55(d)(2):
The limitation is that some homes designed for Wind Zone I have built-in vertical
ties, but the notes for modified Table 4A do not describe a method for connecting
vertical ties. For a home designed with built-in vertical ties, the installer
must install custom designed anchors or pre-approved concrete anchors for
the built-in vertical ties. A pre-approved concrete anchor must be installed
in a concrete component with a weight conforming to the anchor installation
instructions and the home installation instructions. The anchoring cost for
a system conforming to the modified Table 4A would be a moderate cost (approximately
$1000) if the home is designed without built-in vertical ties, and approximately
$2000 if two built-in vertical ties must be connected to custom designed anchors
or pre-approved concrete anchors.
The benefit for installers and consumers anticipated as a result of enforcement
of these amendments would be a generic standard that provides a moderate cost
anchoring method for difficult soils.
Comments may be submitted to Bobbie Hill, Director of Manufactured Housing,
Texas Department of Housing and Community Affairs, 507 Sabine Street, Austin,
Texas 78701 within 30 days of the date of this publication.
The amendments are proposed under the Texas Manufactured Housing
Standards Act, Article 5221f, §9, which provides the department authority
to amend, add, and repeal rules governing the Manufactured Housing Division
of the department.
No other statute, code, or article is affected by the proposed amendments.
§80.53.Manufacturer's Design Requirements.
(a) - (d)
(No change.)
(e)
The manufacturer shall provide printed instructions with
each new home specifying the location, orientation and required capacity of
stabilizing components on which the design is based. The installer must use
stabilizing components that have the required capacity and install them according
to the anchor or stabilizing component manufacturer's current installation
instructions. When soil auger anchor shafts are not installed in-line with
the diagonal frame ties or the combined loads of two ties, approved stabilizer
plates, or other approved methods, must be used in accordance with the installation
instructions for the soil auger anchors and stabilizer plates.
If a difficult
soil, such as mixed soil and rock or caliche (heavily weathered limestone)
that is not solid rock, exists at the homesite, the installer may install
a home in accordance with the generic standards and §80.55(d)(4) of this
title (relating to Anchoring Systems).
(f)
(No change.)
§80.54.Standards for the Installation of Manufactured Homes.
(a)
All manufactured homes shall be installed in accordance
with one of the following:
(1)
the home manufacturer's installation instructions;
(2)
the state's generic standards set forth in this section
,
[
(3)
a custom designed stabilization system;
(4)
a stabilization system pre-approved by the department;
or
(5)
on a permanent foundation.
(b)
Site Preparation Responsibilities and Requirements:
(1)
The purchaser is responsible for the proper preparation
of the site where the manufactured home (new or used) is to be installed unless
the home is installed in a rental community. Except in rental communities,
the purchaser shall remove all debris, sod, tree stumps and other organic
materials from all areas where footings are to be located. In areas where
footings are not to be located, all debris, sod, tree stumps and other organic
material shall be trimmed, cut, or removed down to a maximum height of 8 inches
above the ground [
(2)
If the retailer or installer provides the materials
for skirting or contracts for the installation of skirting, the retailer or
installer is responsible for installing
any required
[
(3)
Clearance:
If the manufactured home is installed
according to the state's generic standards, a
[
(4)
Drainage: Except in rental communities, proper drainage
is the responsibility of the homeowner. It is strongly recommended that the
installer not install the home unless the exterior grade is sloped away from
the home or another approved method to prohibit surface runoff from draining
under the home is provided. Drainage prevents water build-up under the home.
Water build-up may cause shifting or settling of the foundation, dampness
in the home, damage to siding and bottom board, buckling of walls and floors,
delamination of floor decking and problems with the operation of windows and
doors.
(5)
Generic Moisture and
Ground Vapor
Controls
[
(c)
Notice: The site preparation notice to be given to the
consumer shall be as follows:
Figure: 10 TAC §80.54(c)
(d)
(No change.)
§80.55.Anchoring Systems.
(a) - (c)
(No change.)
(d)
WIND ZONE I Installation:
(1)
Typical anchor layout, single and multi-section units (WIND
ZONE I ONLY):
Figure: 10 TAC §80.55(d)(1)
(2)
Table 4A: The following table describes the maximum
spacing for diagonal ties along each side of the unit.
Figure: 10 TAC §80.55(d)(2)
(3)
(No change.)
(4)
When approved auger anchors cannot
be inserted into a difficult soil, such as mixed soil and rock or caliche
(heavily weathered limestone) that is not solid rock, approved cross drive
rock anchors may be used in accordance with the values and notes for Table
4A in paragraph (2) of this subsection modified as follows:
(A)
since the ultimate anchor pull out in the difficult
soil will be reduced, the maximum spacing for diagonal ties per side is one
half the spacing allowed by Table 4A which will require adding one additional
cross drive rock anchor for each anchor specified;
(B)
the rods of the approved cross drive rock anchors
must be fully inserted, have at least 24 inches of the rod lengths embedded
in the difficult soil, and be restrained from horizontal movement, when feasible,
by a stabilizer plate between the rods and the home; and
(C)
each cross drive rock anchor is connected to
one diagonal tie and is not connected to a vertical tie.
(e) - (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
April 23, 1999.
TRD-9902409
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 475-3726
Chapter 180.
Industrial Projects
10 TAC §180.1, §180.2
The Texas Department of Economic Development (Department)
proposes amendments to §180.1 and §180.2, relating to Industrial
Projects. The amendments change the name of the Department to reflect the
abolishment of the Texas Department of Commerce by Senate Bill 932 of the
75th Legislature and the transfer of that agency's functions to the Department,
effective September 1, 1997, and update statutory citations to reflect other
legislative action.
The proposed amendment to §180.1 changes the name of the Department.
The proposed amendment to §180.2 also changes the name of the Department
to reflect the abolishment of the Texas Department of Commerce as well as
changing the name of the Texas Employment Commission to the Texas Workforce
Commission. These amendments also change legal citations to correctly reference
sections of the Government Code, Tax Code and United States Code Annotated.
Craig Pinkley, Director of Finance, has determined that for each year of
the first five years that the amendments will be in effect there will be no
fiscal implications to the state or to local governments as a result of enforcing
or administering the amendments. No cost to either government or the public
will result from amendments. There will be no impact on small businesses.
No economic cost is anticipated to persons as a result of amending Chapter
180.
Mr. Pinkley has also determined that for each year of the first five years
the amendments are in effect the public benefit anticipated as a result of
enforcing the rules will be the avoidance of any confusion that may be caused
by incorrect legal citations or agency names. No economic costs are anticipated
to persons who are required to comply with the proposed amendments.
Written comments on the proposed amendments should be submitted, within
30 days of the publication of the proposed amendments, to DeAnn Luper, Legal
Assistant, Texas Department of Economic Development, 1700 N. Congress, Suite
130, Austin, Texas, 78701, for hand-deliveries, P.O. Box 12728, Austin, Texas,
78711-2728, for US Mail, and (512) 936-0415 for Facsimiles.
The amendments are proposed pursuant to Government Code, §481.0044(a),
which directs the Governing Board of the Department to adopt rules for administration
of Department programs, and Government Code, Chapter 2001, Subchapter B which
prescribes the standards for rulemaking by state agencies.
Texas Civil Statutes, Article 5190.6 is affected by this proposal.
§180.1.General Rules.
(a)
Introduction. Pursuant to the authority granted by the
Administrative Procedure and Texas Register Act, as amended, the Texas Department
of
Economic Development
[
(b)-(c)
(No change.)
§180.2.Industrial Revenue Bond Program.
(a)
General.
(1)-(2)
(No change.)
(3)
Definitions. The following words and terms, when used
in this chapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(A)-(C)
(No change.)
(D)
Blighted area--Those areas and areas immediately adjacent
thereto within a city which, by reason of the presence of a substantial number
of substandard, slum, deteriorated, or deteriorating structures, or which
suffer from a high relative rate of unemployment, or which have been designated
and included in a tax incremental district [
(E)-(J)
(No change.)
(K)
Department--Texas Department of
Economic Development
[
(L)-(N)
(No change.)
(O)
Federally assisted new community--Those federally assisted
areas which have received or will receive assistance in the form of loan guarantees
under the National Housing Act, Title X, and a portion of the federally assisted
area has received grants under the
42 U.S.C.A. §5307
[
(P)-(X)
(No change.)
(4)
(No change.)
(b)
Application contents.
(1)-(8)
(No change.)
(9)
Special rules for commercial projects in blighted
areas and development areas. Under the Act, the financing of projects for
commercial use is confined to, among others, geographic areas within the corporate
limits of a city found and determined by the governing body of such city to
be either a blighted area (or areas immediately adjacent thereto) or a development
area. Rules for establishing a blighted area are set forth in subparagraph
(A) of this paragraph. Rules for establishing a development area are set forth
in subparagraph (B) of this paragraph.
(A)
Establishment of eligible blighted areas. The provisions
of this subparagraph govern the method of establishing blighted areas and
set forth the criteria to be used by a city in declaring an area (whether
one or more) within its jurisdiction to be a blighted area.
(i)
(No change.)
(ii)
The department may refuse to approve all or any part of
an area designated by a city as an eligible blighted area if the governing
body of such city does not find that the designated area (whether one or more)
is in a tax incremental district established by the city [
(I)
Substandard structures. A geographic area constituting
all or less than all of the geographic area within the corporate limits of
a city may be designated as an eligible blighted area if:
(-a-)
the area is designated as a reinvestment zone pursuant
to
Tax Code, Chapter 311
[
(-b-)
the area is designated as an enterprise zone by
the city and the state Enterprise Zone Board as provided in
Government
Code, Chapter 2303
[
(-c-)
(No change.)
(II)
Unemployment.
(-a-)
A geographic area constituting all of the geographic
area within the corporate limits of a city may be designated as an eligible
blighted area if the governing body of the city finds that the city's actual
civilian labor force unemployment rate for the most recent month for which
data has been published by the Texas
Workforce
[
(-b-)
A geographic area constituting less than all of
the geographic area within the corporate limits of a city may be designated
as an eligible blighted area if the governing body of the city finds that
the percentage of unemployment of the civilian labor force residing in such
area is equal to or in excess of the percentage of unemployment which would
otherwise justify a designated area as provided in item (-a-) of this subclause,
or that such area has been designated and approved by the state as an enterprise
zone as provided by
Government Code, Chapter 2303
[
(-c-)
With respect to any area for which the unemployment
data referred to in item (-a-) and item (-b-) of this subclause is not published
or otherwise reasonably available from the Texas
Workforce
[
(iii)-(vi)
(No change.)
(B)-(C)
(No change.)
(10)-(12)
(No change.)
(c)
(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
April 20, 1999.
TRD-9902327
Gary Rosenquest
Chief Administrative Officer
Texas Department of Economic Development
Earliest possible date of adoption: June 6, 1999
For further information, please call: (512) 936-0177
and
] §80.55 of this title (relating to Anchoring
Systems)
,
[
and
] §80.56 of this title (relating
to Multi-Section Connection Standards)
, and modified by any appendix
filed in accordance with §80.51(a)(2) of this title (relating to Manufactured
Home Installation Requirements)
;
or to a lower level if needed to properly install the
vapor retarder material
]. The retailer must give the purchaser a site
preparation notice as described in this section prior to the execution of
any binding sales agreement. If the installation is a secondary move, not
involving a retail sale, the installer must give the homeowner the site preparation
notice prior to any agreement for the secondary installation of the home.
the
]
moisture and
ground vapor
control measures in accordance
with the home installation instructions or the generic standards
[
retarder
] and for providing for the proper cross ventilation of the
crawl space. If the purchaser or homeowner contracts with a person other than
the retailer or installer for the skirting, the purchaser or homeowner is
responsible for installing the
moisture and
ground vapor
control measures
[
retarder
] and for providing for the proper
cross ventilation of the crawl space.
A
] minimum
clearance of 18 inches between the ground and the bottom of the floor joists
must be maintained. In addition, the installer shall be responsible for installing
the home with sufficient clearance between the I-Beams and the ground so that
after the crossover duct prescribed by the manufacturer is properly installed
it will not be in contact with the ground. Refer to §80.56 of this title
(relating to Multi-Section Connection Standards) for additional requirements
for [
access openings to the crawl space and
] utility connections.
It is strongly recommended that the installer not install the home unless
all debris, sod, tree stumps and other organic materials are removed from
all areas where footings are to be located.
Control
]: If the
manufactured home is installed
according to the state's generic standards and the
space under the home
is to be enclosed with skirting and/or other materials provided by the retailer
and/or installer,
an access opening not less than 18 inches in any dimension
and not less than three square feet in area shall be provided by the installer.
The access opening shall be located so that any water supply and sewer drain
connections located under the home are accessible for inspections. If a clothes
dryer exhaust duct, air conditioning condensation drain, or combustion air
inlet is present, the installer must pass it through the skirting to the outside.
[
a vapor retarder that keeps ground moisture out of the home must
be installed to prevent moisture damage to the structure. The installer shall
ensure that a minimum 6 mil polyethylene sheeting or its equivalent is properly
installed and the area under the home is covered with sheeting and overlapped
approximately 12 inches at all joints. Any tear larger than 18 inches long
or wide must be taped using a material appropriate for the sheeting used.
The laps should be weighted down to prevent movement. Any small tears and/or
voids around construction (footings, anchor heads, etc.) are acceptable.
]
In addition, crawl space ventilation must be provided at the rate of minimum
1 square foot of net free area, for every 150 square feet of floor area. At
least six openings shall be provided, one at each end of the home and two
on each side of the home. The openings shall be screened or otherwise covered
to prevent entrance of rodents (note: screening will reduce net free area).
For example, a 16'x76' single section home has 1216 square feet of floor area.
This 1216 square feet divided by 150 equals 8.1 square feet or 1166 square
inches of net free area crawl space ventilation.
The retailer
and/or installer must notify the purchaser that moisture and ground vapor
control measures are required if the space under the home is to be enclosed.
[
The vapor retarder prevents water vapor build-up under the home.
] Water vapor build-up may cause dampness in the home, damage to siding
and bottom board, buckling of walls and floors, delamination of floor decking
and problems with the operation of windows and doors. [
For example, a
16'x76' single section home has 1216 square feet of floor area. This 1216
square feet divided by 150 equals 8.1 square feet or 1166 square inches of
net free area crawl space ventilation.
]
The generic ground vapor
control measure shall consist of a ground vapor retarder that is minimum 6
mil polyethylene sheeting or its equivalent, installed so that the area under
the home is covered with sheeting and overlapped approximately 12 inches at
all joints. Any tear larger than 18 inches long or wide must be taped using
a material appropriate for the sheeting used. The laps should be weighted
down to prevent movement. Any small tears and/or voids around construction
(footings, anchor heads, etc.) are acceptable.
Part V.
Texas Department of Economic Development
Commerce
] prescribes the following
rules regarding practice and procedure before the department. The rules promulgated
under this chapter are not applicable to local development corporations created
pursuant to Texas Civil Statutes, Article 5190.6, §4A.
created under the 66th Legislature,
1979, Texas Civil Statutes, Chapter 695, Article 1066d
], or any combination
of the foregoing, which the city finds and determines, after a hearing held
pursuant to subsection (b)(9)(A) of this section, substantially impair or
arrest the sound growth of the city, or constitute an economic or social liability
and/or a menace to the public health, safety, or welfare in their present
condition and use. Blighted areas includes the terms "development area" as
to any area designated by a city as a development area prior to October 1,
1985, and "economically depressed area," which must comply with the requirements
set forth in subsection (b)(9)(B) and (10) of this section for eligibility
as a blighted area.
Commerce
].
Housing and Community Development Act of 1974, §107(a)(1), as amended
].
pursuant to
and in accordance with the provisions of Texas Civil Statutes, Article 1066d
], or contains a substantial number of substandard, slum, deteriorated,
or deteriorating structures, or suffers from a high relative rate of unemployment,
or any combination of the foregoing. If the area or areas proposed to be designated
as eligible blighted areas are not located in a tax incremental district [
as provided in Texas Civil Statutes, Article 1066d
], the determination
of the existence of either a substantial number of slum, deteriorated, or
deteriorating structures of a high relative rate of unemployment shall be
in accordance with the following criteria.
Texas Civil Statutes, Article 1066e
], or
Tax Code, Chapter 312
[
Texas Civil Statutes, Article
1066f
];
Senate Bill 752, 70th Legislature, 1987
],
and such designation is based in whole or in part on substandard structures;
or
Employment
] Commission is equal to or in excess of one and one-half times the
actual state unemployment rate for the same month, or the city's actual civilian
labor force unemployment rate for the most recent calendar quarter or calendar
year for which data has been published by the Texas
Workforce
[
Employment
] Commission is equal to or in excess of one and one-half
times the average actual state unemployment rate for the same calendar quarter
or calendar year, provided that in no event shall the resulting product be
less than 9.0%.
Senate
Bill 752, 70th Legislature, 1987
], or that such area constitutes all
or part of an area designated by any state or federal agency as an area of
economic distress, blighted area, targeted area, or other similar designation,
and which designation is based in whole or in part on unemployment, or any
combination of the foregoing.
Employment
] Commission, a city may substitute alternative unemployment
statistics upon a representation by the city that the substituted data is
reasonably accurate and verifiable and is available for inspection by the
department.
Chapter 197.
Private Donations