PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CHAPTER 3. COLONIA SELF-HELP CENTER PROGRAM
The Texas Department of Housing and Community Affairs (the Department) adopts the repeal of 10 TAC Chapter 3, §§3.1 - 3.18, concerning the Colonia Self Help Center Program, without changes to the proposed text as published in the June 5, 2009, issue of the Texas Register (34 TexReg 3478) and will not be republished.
The adopted repeal will allow the Department to make changes to the existing rule to ensure compliance with all statutory requirements, formalize existing policy and guidelines and include revisions of necessary policy and administrative changes to further enhance operations.
No comments were received regarding the proposed repeal.
The Board approved the final order adopting this repeal on July 30, 2009.
The repealed sections are adopted pursuant to the authority of the Texas Government Code, Chapter 2306 which provide the Department the authority to adopt rules governing the administration of the Department and its programs.
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 August 3, 2009.
TRD-200903266
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Effective date: August 23, 2009
Proposal publication date: June 5, 2009
For further information, please call: (512) 475-3916
The Texas Department of Housing and Community Affairs (the Department) adopts new 10 TAC Chapter 3, §§3.1 - 3.8, concerning the 2009 Self Help Center Program Rules. Sections 3.2, 3.4 - 3.6 are adopted with changes to the proposed text as published in the June 5, 2009, issue of the Texas Register (34 TexReg 7854). Sections 3.1, 3.3, 3.7, and 3.8 are adopted without changes and will not be republished.
The new chapter implements changes that will improve the Colonia Self Help Center Program and implement changes that are consistent with other program rules.
Written comments on the proposed rule were accepted by mail, e-mail, and facsimile through July 8, 2009.
SUMMARY OF COMMENTS, STAFF RESPONSE AND BOARD ACTION
Public comments and the Department's responses were presented in the order in which the sections appear in the proposed Chapter 3. Following the identification of the related commenter is a summary of the comment and staff's response, including the reasons why the agency agreed or disagreed with the comment and a statement of the factual basis for the new chapter.
Public comments on the proposed amendments were received by: Reliable Real Estate Inspection Service.
§3.6(h). Colonia Self Help Center Contract Operation and Implementation.
COMMENT: The commentator stated that three of the four individuals allowed to conduct home inspections are not qualified to do so. Engineers and architects are design professionals who typically work on large commercial and infrastructure projects. Furthermore, they are not knowledgeable or trained in home construction or residential building codes and standards and would therefore not be qualified to identify deficiencies. A third-party inspector registered with the Texas Residential Construction Commission is not a licensed home inspector but is similar to a city building inspector. However, these individuals are not required to carry liability insurance nor required to get recertified as professional licensed real estate inspectors are.
STAFF RESPONSE: Staff concurs and recommends that §3.6(h) be revised to allow only professional licensed real estate inspectors to conduct the required home inspections. However, it should be noted that the Attorney General has been asked to issue an opinion on whether the Texas Real Estate Commission has jurisdiction over those inspectors when they are performing inspections other than in the context of a purchase or sale of real estate (RQ-0804-GA). Depending on any opinion that is ultimately issued, these rules may need to be reviewed and changes considered. Because of this question, a person requesting and obtaining the services of a professional inspector to provide inspection services in a context other than a purchase or sale of real estate should not rely on these rules to create any presumption that the Texas Real Estate Commission has any jurisdiction over such professional inspections or that any required insurance required to be obtained by such professional inspectors provides any added protection or coverage for the person engaging the professional inspector.
The Board approved the final order adopting the new sections, as amended, as well as administrative changes as needed for consistency within this chapter, on July 30, 2009.
The new sections are adopted pursuant to the authority of the Texas Government Code, Chapter 2306 which provide the Department the authority to adopt rules governing the administration of the Department and its programs.
§3.2.Definitions.
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Common definitions used under the Community Development Block Grant (CDBG) are incorporated herein by reference.
(1) Applicant--A unit of general local government who is preparing to submit or has submitted a Proposal for Colonia Self-Help Center funds.
(2) Beneficiary--A person or family benefiting from the activities of a Self-Help Center Contract.
(3) Board--The governing board of the Texas Department of Housing and Community Affairs.
(4) C-RAC--Colonia Residents Advisory Committee. Advises the Department's Governing Board and evaluate the needs of colonia residents, review programs that are proposed or operated through the Colonia Self-Help Centers and activities that may be undertaken through the Colonia Self-Help Centers to better serve the needs of colonia residents.
(5) Colonia--A geographic area located in a county some part of which is within one hundred-fifty (150) miles of the international border of this state that consists of eleven (11) or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood, and that: Has a majority population composed of individuals and families of low income and very low income, based on the Federal Office of Management and Budget poverty index, and meets the qualifications of an economically distressed area under §17.921, Texas Water Code, and has the physical and economic characteristics of a colonia, as determined by the Department.
(6) Colonia Self-Help Center Provider--An organization with which the Contractor has an executed Contract to administer Colonia Self-Help Center activities.
(7) Community Action Agency--A political subdivision, combination of political subdivisions, or nonprofit organization that qualifies as an eligible entity under 42 U.S.C. §9902.
(8) Community Development Block Grant (CDBG) nonentitlement area funds--Funds awarded to the State of Texas pursuant to the Housing and Community Development Act of l974, Title I, as amended, (42 U.S.C §§5301, et seq.) and the regulations promulgated thereunder in 24 CFR Part 570.
(9) Contract--A written agreement including all amendments thereto, executed by the Department and Contractor.
(10) Contract Budget--An exhibit in the Contract which specifies in detail the Contract funds by budget category, which is used in the drawdown processes. The budget also includes all other funds involved that are necessary to complete the performance statement specifics of the Contract.
(11) Contractor--A Unit of General Local Government with which the Department has executed a Contract.
(12) Department--The Texas Department of Housing and Community Affairs.
(13) HUD--The United States Department of Housing and Urban Development.
(14) Implementation Manual--A set of guidelines designed to be an implementation tool for the Contractor and Colonia Self-Help Center Providers that have been awarded Community Development Block Grant Funds and allows the Contractor to search for terms, regulations, procedures, forms and attachments.
(15) Income Eligible Families (includes both Low and Very low-income families)--
(A) Low-income families--families whose annual incomes do not exceed 80% of the median income of the area as determined by HUD and published by the Department, with adjustments for family size; and
(B) Very low-income families--families whose annual incomes do not exceed 60% of the median family income for the area, as determined by HUD and published by the Department, with adjustments for family size.
(16) Needs assessment--A demographic and characteristics study of the colonias residing in the target area and the housing needs that the Colonia Self-Help Center is designed to address, using qualitative and quantitative information and other source documentation that is required as a part of a Proposal.
(17) Nonentitlement area--An area which is not a metropolitan city or part of an urban county as defined in 42 U.S.C. §5302.
(18) Nonprofit organization--A public or private organization that:
(A) Is organized under state or local laws;
(B) Has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual;
(C) Has a current tax exemption ruling from the Internal Revenue Service (IRS) under §501(c)(3), a charitable, nonprofit corporation, or §501(c)(4), a community or civic organization, of the Internal Revenue Code of 1986, as amended, as evidenced by a certificate from the IRS that is dated 1986 or later. The exemption ruling or classification as a subordinate of a central organization nonprofit under the Internal Revenue Code, as evidenced by a current group exemption letter, that is dated 1986 or later, from the IRS, must be effective throughout the length of the Contract.
(19) Performance Statement--An Exhibit in the Contract which specifies in detail the scope of work to be performed.
(20) Proposal--A written request for Colonia Self-Help funds in the format required by the Department.
(21) Self-Help--Housing programs which allow low and very low income families to build or rehabilitate their homes through their own labor or volunteers.
(22) TDRA--Texas Department of Rural Affairs.
(23) Unit of General Local Government (UGLG)--A city, town, county, or other general purpose political subdivision of the state; a consortium of such subdivisions recognized by HUD in accordance with 24 CFR §92.101 and any agency or instrumentality thereof that is established pursuant to legislation and designated by the chief executive to act on behalf of the jurisdiction. A county is considered a unit of general local government under the Colonia Self-Help Center Program.
§3.4.Allocation and the Colonia Self Help Center Proposal Requirements.
(a) The Department distributes Colonia Self-Help Center funds to Unit of General Local Governments (UGLG) from the 2.5% set-aside of the annual Community Development Block Grant (CDBG) allocation to the State of Texas.
(b) The Department shall allocate no more than $1.2 million per Colonia Self-Help Center award except as provided by §3.6(i)(2) of this chapter (relating to Colonia Self Help Center Contract Operation and Implementation). If there are insufficient funds available from any specific program year to fund a proposal fully, the awarded Contractor may accept the amount available at that time and wait for the remaining funds to be committed upon the Department's receipt of the CDBG set-aside allocation from the next program year.
(c) With a baseline award beginning at $700,000, the Department will add an additional $100,000 for each expenditure threshold, as defined in §3.8 of this chapter (relating to Expenditure Thresholds and Closeout Requirements) (6-month, 18-month, 30-month, and 42-month), met on the previous Self Help Center Contract, and an additional $100,000 for an accepted proposal submitted by the deadline. If a Contractor can demonstrate that any violation of an Expenditure Threshold was beyond the control of the Contractor, it may request of the Board that an individual violation be waived for the purpose of future funding. The Board, in its discretion and within the limits of federal and state law, may waive any one or more of the expenditure threshold requirements if the Board finds the waiver is appropriate to fulfill the purposes or policies, of the Texas Government Code, or for good cause, as determined by the Board.
(d) The Contractor shall submit its proposal no later than three (3) months before the expiration of its current Contract, or when 90% of the funds under the current Contract have been expended, which ever comes first. If this requirement is not met, the Department will apply the options outlined in subsection (c) of this section and may result in delayed funding.
(e) Proposal reviews are conducted on a first-come first-serve basis until all Self Help Center funds for the current program year and deobligated Self Help Center funds are committed. Each complete proposal will be assigned a "received date" based on the date and time it is received by the Department.
(f) In order to be accepted, each proposal must include the following:
(1) Evidence of the submission of the Contractor's current annual single audit;
(2) A comprehensive needs assessment not older than three (3) years, for each of the five (5) colonias identified to receive concentrated attention from that center;
(3) A description of the five colonias to be served. Information should present an accurate picture of the areas to be served to include the number of houses, the number of platted and unplatted lots, water and wastewater services, utilities, housing conditions and number of residents;
(4) A boundary map for each of the five colonias;
(5) A description of the scope of work. Based on the results obtained by the needs assessments, the Contractor shall develop a scope of work for each colonia based on the activities as listed in §3.1(c) of this chapter (relating to Purpose and Services). In order to provide these services, the Contractor may be required to leverage funds, coordinate with financial institutions, prepare grant applications and coordinate with their contracted partners;
(6) A description of the method of implementation. For each colonia to be served by the Colonia Self Help Center, the Contractor shall describe the services and activities to be delivered. The Proposal must identify:
(A) The percentage and scope of work that will be performed using self-help methodologies;
(B) The estimated percentage or services that will be contracted to the Colonia Self Help Center Provider; and
(C) The activities that the Contractor will be administering.
(7) Evidence that the contracted Colonia Self-Help Center provider selected by the Contractor has the capacity to administer and manage financial resources and provided documentation and auditable programmatic compliance, as evidenced by previous experience in any of the following:
(A) implementation of a CDBG contract;
(B) affordable housing, including new construction; and housing rehabilitation, reconstruction, small repair; and experience in homebuyer and down payment assistance programs;
(C) grantsmanship, project planning and development in housing and infrastructure, and project management;
(D) home ownership counseling, home loan processing and coordinating with private financial institutions;
(E) property development, including experience in processes related to surveying, platting, and recording of property records;
(F) self-help programs related to housing or infrastructure, including operation of a tool library; and
(G) managing state/federally funded projects or projects funded under private foundations and not have major outstanding monitoring or audit issues.
(8) The proposed Performance Statement. The Contractor must include the number of colonia residents to be assisted from each colonia, the activities to be performed (including all sub-activities under each budget line item), and corresponding budget;
(9) The proposed Contract Budget must address the following:
(A) The Administration line item may not exceed 15% of the total budget;
(B) The Public Service line item may not exceed more than 15% of the total budget;
(C) The proposal must identify at least 15% of the budget that will be allocated for direct Self-Help activities;
(D) The amount of leveraged funding; and
(E) Direct Delivery Costs (soft costs) for all contractual activities cannot exceed 10% of each budget line item. Direct Delivery Costs (soft costs) are costs related to and identified with a specific housing unit or public service other than construction costs. Eligible direct delivery costs include:
(i) preparation of work write-ups, work specifications, and cost estimates;
(ii) architectural, engineering, or professional services required to prepare plans, drawings or specifications directly attributable to a particular housing unit or public service;
(iii) home inspections, inspections for lead-based paint, asbestos, termites, and interim inspections; and
(iv) other costs as approved by the Department's executive director.
(10) Proposed housing guidelines (includes small repair, rehabilitation, reconstruction, new construction and all other housing activities).
(11) Pre-agreement costs request, if applicable.
(12) Evidence of model subdivision rules adopted by the Contractor.
(13) Written policies and procedures for the following, as applicable:
(A) solid waste removal;
(B) construction skill classes;
(C) homeownership classes;
(D) technology access;
(E) homeownership assistance; and/or
(F) tool lending library. All Colonia Self Help Centers are required to operate a tool lending library.
(14) Authorized signatory form and accompanying UGLG resolution and direct deposit authorization.
(15) Unit of General Local Government resolution authorizing the submission of the proposal and appointing the primary signator for all Contract documents.
(16) Acquisition report (even if there is no acquisition activity).
(17) Certification of exemption for HUD funded projects.
(18) Initial disclosure report.
(g) Upon receipt of the Proposal, the Department will perform an initial review to determine whether the Proposal is complete and that each activity meets a national objective as required by §104(b)(3) of the Housing and Community Development Act of 1974 (42 U.S.C. §5304(b)(3)).
(h) The Department may reduce the funding amount requested in the proposal in accordance to subsection (c) of this section. Should this occur, the Department shall notify the appropriate Contractor within ten (10) working days before the proposal is submitted to C-RAC for review, comments and approval. The Department and the Contractor will work together to jointly agree on the performance measures and proposed funding amounts for each activity.
(i) If applicable, the Department shall coordinate with the Texas Water Development Board and TDRA to eliminate delay in water and wastewater hookups.
(j) The Department shall execute a four (4) year Contract with Contractor. No Contract extensions will be allowed. If the Contractor requirements are completed prior to the end of the four (4) year contract period, the Contractor may submit a new proposal.
(k) Decline to Fund. The Department may decline to fund any proposal if the activities do not, in the Department's sole determination, represent a prudent use of Colonia Self Help Center funds. The Department is not obligated to proceed with any action pertaining to any proposal which is received, and may decide it is in the Department's best interest to refrain from pursuing any selection process. The Department through its executive director or its designee reserves the right to negotiate individual elements of any proposal.
§3.5.Colonia Residents Advisory Committee Duties and Awarding Contracts.
(a) The Board shall appoint not fewer than five persons who are residents of colonias to serve on the Colonia Residents Advisory Committee. The members of the Colonia Residents Advisory Committee shall be selected from lists of candidates submitted to the Department by local nonprofit organizations and the commissioner's court of a county in which a Colonia Self-Help Center is located.
(b) The Colonia Resident Advisory Committee members' terms will expire every four (4) years. Colonia Resident Advisory Committee members may be reappointed by the Board; however, the Board shall review and approve all members at least every four (4) years.
(c) The Board shall appoint one committee member to represent each of the counties in which a Colonia Self-Help Center is located. Each committee member:
(1) must be a resident of a colonia in the county the member represents; and
(2) may not be a board member, contractor, or employee of or have any ownership interest in an entity that is awarded a Contract under this chapter and cannot be in default on any Department obligation.
(3) The Department will conduct a compliance check on all members.
(d) The Department may also select to have an alternate member from the list for each county in the event that the primary member is unable to attend meetings.
(e) The Colonia Resident Advisory Committee shall advise the Board regarding:
(1) the housing needs of colonia residents;
(2) appropriate and effective programs that are proposed or are operated through the Colonia Self-Help Centers; and
(3) activities that might be undertaken through the Colonia Self-Help Centers to serve the needs of colonia residents better.
(f) The Colonia Resident Advisory Committee shall advise the colonia initiatives coordinator as provided by §775.005 of the Texas Government Code.
(g) Awarding Contracts:
(1) Upon reaching an agreement with the Contractor, the Department will set the date for the Colonia Resident Advisory Committee meeting. The Colonia Resident Advisory Committee shall meet before the 30th calendar day proceeding the date on which a contract is scheduled to be awarded by the Board for the operation of a Colonia Self-Help Center and may meet at other times.
(2) The Contractor shall be present at the Colonia Resident Advisory Committee if its Proposal is being considered to answer questions that the Colonia Resident Advisory Committee may have.
(3) After the Colonia Resident Advisory Committee makes a recommendation on a proposal, the recommendation will undergo the Department's award process.
(4) The Contractor whose Proposal is being presented to the Board shall be invited to attend the Board Meeting in which the award is an agenda item.
(h) Reimbursement of Colonia Resident Advisory Committee members for their reasonable travel expenses in the manner provided by §3.6(l) of this chapter (relating to Colonia Self Help Center Contract Operation and Implementation) is allowable and shall be paid by the Contractor.
§3.6.Colonia Self Help Center Contract Operation and Implementation.
(a) The Department shall contract with a Unit of General Local Government (UGLG) for the operation of a Colonia Self-Help Center. The UGLG shall subcontract with a local nonprofit organization, local community action agency, or local housing authority that has demonstrated the ability to carry out all or part of the functions of a Colonia Self-Help Center.
(b) Upon award of Colonia Self-Help Center funds by the Board, the Department shall deliver a Contract based on the scope of work to be performed within thirty (30) days of the award date. Any activity funded under the Colonia Self Help Center Program will be governed by a written Contract that identifies the terms and conditions related to the awarded funds. The Contract will not be effective until executed by all parties to the Contract.
(c) Environmental. Contractors are required to complete their environmental reviews in accordance with 24 CFR Part 58 and receive the Authority to Use Grant Funds from the Department before:
(1) Any commitment of Community Development Block Grant (CDBG) funds (i.e., execution of a legally binding agreement and expenditure of CDBG funds) for activities other than those that are specifically exempt from environmental review.
(2) Any commitment of non-CDBG funds associated with the scope of work in the Contract that would have an adverse environmental impact (i.e. demolition, excavating, etc.) or limit the choice of alternatives (i.e. acquisition of real property, rehabilitation of buildings or structures, etc.).
(d) All housing rehabilitation, reconstruction, and new construction contractor/builders, including Self Help Center Provider(s) performing any housing activities, as defined by the Texas Residential Construction Commission, making improvements to or reconstructing an existing home at a cost exceeding $10,000 must be registered with the Texas Residential Construction Commission.
(e) All reconstruction and new construction activities must meet the accessibility requirements pursuant to §2306.514 of the Texas Government Code.
(f) Request for Payments. The Contractor shall submit a properly completed request for reimbursement, as specified by the Department, at a minimum on a quarterly basis; however the Department reserves the right to request more frequent reimbursement requests as it deems appropriate. The Department shall determine the reasonableness of each amount requested and shall not make disbursement of any such payment request until the Department has reviewed and approved such request. Payments under the Contract are contingent upon the Contractor's full and satisfactory performance of its obligations under the Contract.
(1) $2,500 is the minimum amount for a draw to be processed. Exceptions to this rule are as follows:
(A) The draw request exceeds 25% of a budgeted line item but less than $2,500 and the Contractor is requesting funds only for that line item.
(B) The draw request is for the final retainage of a construction contract.
(C) The Contractor received prior approval from the Department.
(D) The request is the final draw.
(2) Draw requests will be reviewed to comply with all applicable laws, rules and regulations. The Contractor is responsible for maintaining a complete record of all costs incurred in carrying out the activities of the Contract.
(3) Draw requests for all housing activities will only be reimbursed upon satisfactory completion of types of activities (i.e., all plumbing completed, entire roof is completed, etc.), consistent with the work write-up and subsequent construction contract.
(4) The Contractor will be the principal contact responsible for reporting to the Department and submitting draw requests.
(g) Reporting. The Contractor shall submit to the Department reports on the operation and performance of the Contract on forms as prescribed by the Department. Quarterly Reports shall be due no later than the twentieth (20th) calendar day of the month after the end of each calendar quarter. The Contractor shall maintain and submit to the Department up-to-date accomplishments in quarterly reports identifying quantity and cumulative data including the expended funds, activities completed and total number of Beneficiaries.
(h) Inspections. At a minimum, inspections will be required for all housing rehabilitation (initial and final), small home repair (initial only), reconstruction (initial and final) and new construction (final only) activities and must be inspected by a professional inspector licensed by the Texas Real Estate Commission.
(1) The final inspections for housing rehabilitation must ensure that the construction on the house is complete, that the home is safe and that it meets at a minimum, Colonia Housing Standards. A copy of the final inspection report must be given to the homeowner.
(2) The final inspections for reconstruction and new construction must ensure that the construction on the home is complete, that the home is safe, and that it meets, at a minimum, International Residential Code (IRC). IRC is a comprehensive residential code which establishes minimum construction requirements with plumbing, mechanical, energy, and electrical provisions. A copy of the final inspection report must be given to the homeowner.
(3) The initial inspections for small home repair will identify and prioritize areas in need of repair. Only the area being repaired under the small home repair activity must meet, at a minimum, Colonia Housing Standards. A copy of the initial inspection report must be given to the homeowner.
(4) Homes receiving only first-time water connections are not required to meet Colonia Housing Standards or have a third-party inspection.
(5) The Department will only reimburse for two inspection reports for housing rehabilitation and reconstruction, and one inspection report for new construction and small home repair.
(6) The Contractor must ensure and verify that each construction contractor performing activities in the amount of $10,000 or more under the Contract is registered and maintains good standing with the Texas Residential Construction Commission.
(7) The Contractor must ensure and verify that each housing unit being rehabilitated in the amount of $10,000 or more under the Contract is registered with the Texas Residential Construction Commission.
(i) Amendments. Any alterations, additions, or deletions to the terms of the Contract shall be submitted in writing to the Department. Reduced Beneficiaries or activities, due to extenuating or unforeseeable circumstances, may be allowed as approved by the Department. The Department's executive director or its designee, may authorize, execute, and deliver amendments to any Contract:
(1) Contract Time Extensions beyond the four (4) year contract period will not be allowed for Self-Help Center contracts.
(2) The Department, at its discretion and in coordination with a Contractor, may increase a contract budget amount and the number of activities and beneficiaries based on the availability of Self Help Center funds, the exemplary performance in the implementation of a Contractor's current contract, and the time available in the four (4) year contract period. Upon Board approval, the cap on the maximum contract amount may be exceeded if the terms of this paragraph are met by a Contractor.
(j) If the Contractor fails to meet a Contract requirement the awarded funds related to the lack of performance may be entirely or partially deobligated at the Department's sole discretion.
(k) Waiver. The Board, in its discretion and within the limits of federal and state law, may waive any one or more of the requirements of this chapter if the Board finds that waiver is appropriate to fulfill the purposes or policies, Chapter 2306 of the Texas Government Code, or for good cause, as determined by the Board.
(l) Travel. Costs incurred by Colonia Self Help Center employees and officers for travel, including costs of lodging, other subsistence, and incidental expenses, shall be considered reasonable and allowable only to the extent such costs do no exceed charges normally allowed by the State Comptroller's Travel Allowance Guide.
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 August 3, 2009.
TRD-200903265
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Effective date: August 23, 2009
Proposal publication date: June 5, 2009
For further information, please call: (512) 475-3916
SUBCHAPTER A. GENERAL PROVISIONS
The Texas Department of Housing and Community Affairs (Department) adopts amendments to 10 TAC Chapter 5, Subchapter A, §5.3, concerning Definitions and §5.20, concerning Income Eligibility, without changes to the text as published in the June 5, 2009, issue of the Texas Register (34 TexReg 3485), and will not be republished.
This amendment is in response to grant guidance for implementing the American Recovery and Reinvestment Act (ARRA) to increase the eligibility requirements for Community Services Block Grant (CSBG), Comprehensive Energy Assistance Program (CEAP) and Weatherization Assistance Program (WAP) from 125% to 200% of Federal poverty level.
Public comments were received concerning the proposed amendments from the Texas Association of Community Action Agencies (TACAA) and Community Services, Inc. both indicating their support for the amendments to 10 TAC Chapter 5.
The Board approved the final order adopting the amendments on July 30, 2009.
The amended sections are adopted pursuant to the authority of the Texas Government Code, Chapter 2306, which provides the Department with the authority to adopt rules governing the administration of the Department and its programs.
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 August 3, 2009.
TRD-200903308
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Effective date: August 23, 2009
Proposal publication date: June 5, 2009
For further information, please call: (512) 475-3916
The Texas Department of Housing and Community Affairs (Department) adopts amendments to 10 TAC Chapter 5, Subchapter D, §5.407, concerning Eligible Households and Client Eligibility Criteria and §5.422, concerning Assistance and Benefit Levels, without changes to the text as published in the June 5, 2009, issue of the Texas Register (34 TexReg 3486), and will not be republished.
This amendment is in response to grant guidance for implementing the American Recovery and Reinvestment Act (ARRA) to increase the eligibility requirements for Comprehensive Energy Assistance Program (CEAP) from 125% to 200% of Federal poverty level.
Public comments were received concerning the proposed amendments from the Texas Association of Community Action Agencies (TACAA) and Community Services, Inc. both indicating their support for the amendments to 10 TAC Chapter 5.
The Board approved the final order adopting the amendments on July 30, 2009.
The amended sections are adopted pursuant to the authority of the Texas Government Code, Chapter 2306, which provides the Department with the authority to adopt rules governing the administration of the Department and its programs.
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 August 3, 2009.
TRD-200903309
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Effective date: August 23, 2009
Proposal publication date: June 5, 2009
For further information, please call: (512) 475-3916