TITLE 10.COMMUNITY DEVELOPMENT

Part 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS

Chapter 13. HOUSING SERVICES

Subchapter A. HOUSING BOND RESERVATIONS

10 TAC §§13.2, 13.4, 13.5

The Texas Department of Housing and Community Affairs (the Department) adopts, without changes, the proposed repeal of Chapter 13, §§13.2, 13.4, and 13.5, concerning Housing Services, as published in the March 29, 2002, issue of the Texas Register (27 TexReg 2394-2395). This chapter is repealed in order to update and discard duplicative and unnecessary rules in accordance with the Texas Government Code §2001.039.

No comments were received concerning the proposed repeal.

The repeal is adopted pursuant to the authority of the Texas Government Code, Chapter 2306; and in accordance with the Texas Government Code §2001.039.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 13,2002.

TRD-200202975

Edwina P. Carrington

Executive Director

Texas Department of Housing and Community Affairs

Effective date: June 2, 2002

Proposal publication date: March 29, 2002

For further information, please call: (512) 476-3726


Part 5. TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT

Chapter 174. DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT PROGRAM

10 TAC §§174.1, 174.2, 174.6 - 174.8, 174.11

The Texas Department of Economic Development (agency) adopts amendments to Chapter 174, §§174.1, 174.2, 174.6, 174.7, 174.8, and 174.11, Defense Economic Adjustment Assistance Grant Rules, relating to providing state funds to assist communities that have been adversely affected by decreased defense expenditures and defense worker employment, as authorized by Government Code, Chapter 486, Subchapter A, Grants to Local Areas Affected by Defense Base Reduction. The amendments are being adopted without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2663).

The amendments are necessary to accurately reflect current law, to reflect current program practices, and to allow for the re-adoption of the rules. Minor spelling corrections were made. In addition:

Amendments to §174.1 update the rules to reflect legislative changes to include certain educational entities eligible to participate in the program and clarify the acceptable uses of grant proceeds and the parties to be benefitted by the program.

Amendment to §174.2 clarifies the date by which program funds must be expended.

Proposed amendments to §174.6 update the rules to reflect legislative changes to include provisions for the purchase or lease of equipment for training purposes.

Amendments to §174.7 updates the procedure for the processing and review of applications to more accurately reflect current program practices.

Amendments to §174.8 provides that the department may offer less funding than the applicant requests.

Amendments to §174.11 clarify the reporting responsibilities of awardees by specifying the types of documentation required and the time frame for submission of documentation and specify the penalty for the failure to meet the reporting requirements.

No comments were received on the proposed amendments.

The amendments are adopted pursuant to Government Code § 481.0044(a), which directs the Governing Board of the agency to adopt rules for administration of agency programs, Government Code §486.002(d), which directs the department to adopt rules necessary to carry out the Defense Economic Adjustment Assistance Grant Program, and Government Code, Chapter 2001, Subchapter B which prescribes the standards for rulemaking by state agencies.

Texas Government Code, Chapter 486, Subchapter A, is affected by this adoption.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 9, 2002.

TRD-200202889

Tracye McDaniel

Deputy Executive Director

Texas Department of Economic Development

Effective date: May 29, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 936-0181


Chapter 198. ADVERTISING RULES

10 TAC §§198.1 - 198.12

The Texas Department of Economic Development (TxED) adopts amendments to Chapter 198, §§198.1 - 198.12, Advertising Rules, relating to selling advertisements in tourism promotions, as authorized by Government Code, Chapter 481, Subchapter L, Tourism. The amendments are being adopted without changes to the proposed text as published in the March 22, 2002, issue of the Texas Register (27 TexReg 2158).

The amendments are needed to accurately reflect current law, to reflect current program practices, and to allow for the re-adoption of the rules. The amendments eliminate references to the Texas Department of Commerce and its policy board, which were abolished by Senate Bill 932 of the 75th Legislature, and replace them with references to TxED and its governing board. A minor spelling correction was made. In addition:

Amendments to §198.2 delete the definition of a term no longer used in the rules

Amendments to §198.3 clarify that the agency may use its discretion in determining the cost of advertisements.

Amendments to §198.4 update the rules to include provisions for the size of Internet advertising.

Amendments to §198.5 clarify that the agency may use its discretion in determining the appropriateness of advertising.

Amendments to §198.6 clarify the methods the agency may use to notify potential advertisers of the availability of advertising space.

Amendments to §198.7 update the process for submission of statements of interest in advertising placements. The amendments also delete the process for purchasing overruns of promotional materials, because the agency does not print its own promotional materials.

Amendments to §198.10 update the process for payment and refunds for advertisements.

Amendments to §198.11 provide that advertising copy will be mailed to advertisers only upon request.

No comments were received on the proposed amendments.

The amendments are adopted pursuant to Government Code §481.0044(a), which directs the Governing Board of the agency to adopt rules for administration of agency programs, and Government Code, Chapter 2001, Subchapter B which prescribes the standards for rulemaking by state agencies.

Texas Government Code, Chapter 481, Subchapter L, is affected by this adoption.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 9, 2002.

TRD-200202888

Tracye McDaniel

Deputy Executive Director

Texas Department of Economic Development

Effective date: May 29, 2002

Proposal publication date: March 22, 2002

For further information, please call: (512) 936-0181