Part 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 5. COMMUNITY SERVICES PROGRAMS
Subchapter C. EMERGENCY SHELTER GRANTS PROGRAM
The Texas Department of Housing and Community Affairs (the Department) proposes amendments to §§5.204, 5.208, and 5.211, concerning the Emergency Shelter Grants Program. The amended sections are proposed to address the application requirements, the process for review of applications, and program administration.
Mr. Michael Gerber, Executive Director, has determined that there will be no fiscal implications for the state and local government as a result of enforcing or administering the rule.
Mr. Gerber has also determined that for each year of the first five years the sections are in effect the public benefit anticipated as a result of enforcing the section will be to inform the public of the purpose and application requirements of the Emergency Shelter Grants Program. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Mr. Jesse Mitchell, Manager, Community Services Section, Texas Department of Housing and Community Affairs, Post Office Box 13941, Austin, Texas 78711-3941, within seven days of this notice.
These sections are proposed pursuant to the authority of the Texas Government Code, Chapter 2306.
No other code, articles or statutes are affected by this section.
§5.204.Application Requirements.
(a) Eligibility Documentation: The following information must be included in each ESGP application. Failure to provide this documentation will deem the application ineligible for funding:
(1) Documentation of the [
active
] participation
of a homeless or formerly homeless individual on the board of directors or
other equivalent policymaking entity of such recipient, to the extent that
such entity considers and makes policies and decisions regarding any facility,
services, or other assistance of the recipient. [
Active participation
is defined as attendance at a minimum of 75% of the Board or policy making
entity meetings during a 12 month period.
] A copy of the section in
the bylaws which authorizes the governing board or equivalent policymaking
entity to make policies for the organization must also be included.
Applicants who have not previously received ESGP funds from the Department
are exempt from the requirement, but must comply with the requirement prior
to the execution of a contract with the Department.
(2) - (3) (No change.)
(b) - (e) (No change.)
§5.208.Process for Review of Applications.
(a) - (b) (No change.)
(c) The Department will award bonus points for applicants from non-entitlement areas, for organizations requesting homelessness prevention funds, for single applicant organizations that previously have not received ESGP funds from the Department, and for documentation of a minimum of 75% participation by the homeless representative on the board of directors or other equivalent policymaking entity.
(d) - (g) (No change.)
§5.211.Program Administration.
Upon approval by the Board, Applicants receiving ESGP funds shall enter into and execute an agreement for the receipt of ESGP funds.
(1) - (4) (No change.)
(5) Waiver. The Board, in its discretion and within the limits of federal and state law, may waive one or more of these Rules if the Board finds that waiver is appropriate to fulfill the purposes or policies of Chapter 2306, Texas Government Code, or for good cause, as determined by the Board.
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 26, 2007.
TRD-200701170
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 475-4595