10 TAC §53.62
The Texas Department of Housing and Community Affairs (the
Department) proposes an amendment to §53.62, concerning Amendments. This
section is proposed to be amended to provide clarification to the review and
approval process for all amendments to agreements pursuant to the Department's
HOME Investment Partnerships Program.
Ms. Daisy A. Stiner, Executive Director, has determined that for the first
five-year period this amendment is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering this
amendment.
Ms. Daisy A. Stiner, Executive Director, has determined that for the first
five-year period this amendment is in effect the public benefit anticipated
as a result of enforcing the amendment will be the public's understanding
of the review and approval process for all amendments pursuant to this program.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Robert Chavira, Texas Department
of Housing and Community Affairs, P. O. Box 13941, Austin, Texas 78711-3941
or by fax to 512/475-3287 within thirty days of this notice.
This amendment is proposed pursuant to the authority of the Texas
Government Code, Chapter 2306.
The Texas Administrative Code, Title 10, Part I, Chapter 53, §53.62
is affected by this proposed amendment.
§53.62.Program Administration.
(a)
Agreement. Upon approval by the Board, applicants receiving
HOME funds shall enter into, execute, and deliver to the Department all written
agreements between the Department and Recipient, including land use restriction
agreements and compliance agreements as required by the Department.
(b)
Amendments. The Department, acting by and through its Executive
Director or his/her designee, may authorize, execute, and deliver modifications
and/or amendments to any HOME written agreement provided that
:
[
any
]
(1)
in the case of a modification or amendment
to the dollar amount of the award,
such modification
or
[
and/or
] amendment does not increase the dollar amount by more than 25%
of the original award
; and
(2)
in the case of all other modifications
or amendments, such modification or amendment does not, in the estimation
of the Executive Director, decrease the benefits to be received by the Department
as a result of the award.
(3)
Modifications and/or amendments that increase
the
dollar
[
funding
] amount
by more than
[
in excess of
] 25%
of the original award or decrease the benefits
to be received by the Department, in the estimation of the Executive Director,
will be presented to the Board for approval.
(c) - (e)
(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
May 4, 1999.
TRD-9902638
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: June 20, 1999
For further information, please call: (512) 475-3726