Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,576
5519-5676 p. ; 28 cm.View a full description of this periodical.
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to govern the administration of the Homeless Housing and
Services Program. To the extent that funding sources other
than unrestricted funds are utilized, such as housing trust fund
balances, any HHSP activities conducted with such funds may
be subject to additional restrictions. The adoption affects no
other code, article, or statute.
5.1001. Purpose.
In accordance with Texas Government Code 2306.2585, the purpose
of the Homeless Housing and Services Program (HHSP) is to pro-
vide for the construction, development, or procurement of housing for
homeless persons, and to provide local programs to prevent and elimi-
nate homelessness.
5.1002. Distribution of Funds.
Pursuant to the authority of Texas Government Code 2306.2585, the
Homeless Housing and Services Program (HHSP) is available to any
municipality in Texas with a population of 285,500 or more. When-
ever HHSP funds are made available to any of those municipalities
they shall, subject to the requirements of this rule and be distributed in
accordance with the formula set forth in 5.1004 of this chapter (relat-
ing to Formula).
5.1003. General Homeless Housing and Services Program (HHSP)
Requirements.
(a) Each municipality or entity that had in effect as of January
1, 2012, a contract with the Texas Department of Housing and Commu-
nity Affairs (the "Department") to administer HHSP funds will remain
a designated entity to receive HHSP funds in its municipality, whether
that entity is the municipality itself or another entity. The Department
may add to or change those entities in its discretion based on consider-
ation of the factors enumerated in paragraphs (1) - (4) of this subsec-
tion. If the Department proposes to add or change any such entity(ies)
it will publish notice thereof on its website at least twenty (20) days
prior to such addition or change. If the proposal is to add an entity, the
notice will include any proposed sharing of funding with other HHSP
providers in the affected municipality:
(1) whether an entity to be removed and replaced was com-
pliantly and efficiently administering its contract;
(2) the specific plans of any new entity to build facilities to
provide shelter or services to homeless populations, and/or to provide
any specific programs to serve the homeless;
(3) the capacity of any new entity to deliver its planned
activities; and
(4) any public comment and comment by state or local
elected officials.
(b) The final decision to add or change entities will be ap-
proved by the Texas Department of Housing and Community Affairs
Governing Board (the "Board").
(c) A municipality or entity receiving HHSP funds may not:
(1) be in material noncompliance under the Department's
rules;
(2) have failed to comply with any benchmarks with re-
spect to any previous HHSP award(s); or
(3) be in breach, after notice and a reasonable opportunity
to cure, of any contract or agreement with the Department.
(d) A municipality or entity receiving HHSP funds must enter
into an agreement with the Department governing the use of such funds.If the source of funds for HHSP is funding under another specific De-
partment program, such as the Housing Trust Fund, as authorized by
Texas Government Code 2306.2585(c), the agreement will incorpo-
rate any requirements applicable to such funding source.
(e) Any agreement for HHSP funds will include the following
benchmarks:
(1) any funds used for general operations will be expended
within twelve (12) months;
(2) any funds used for operation of training, recovery, or
other programs will be expended within eighteen (18) months;
(3) any funds used for construction, development, or pro-
curement of housing for homeless persons of facilities will be expended
within twenty-four (24) months; and
(4) funds for any other use will be expended within twenty-
four (24) months.
(f) Benchmarks may be extended for good cause by the Board.
5.1004. Formula.
(a) Any funds made available for the Homeless Housing and
Services Program (HHSP) that are distributed to eligible municipali-
ties shall be distributed in accordance with a formula that takes into
account:
(1) population of the municipality, as determined by the
most recent available census data;
(2) poverty, defined as the number of persons in the munic-
ipality's population with incomes at or below the federal poverty level;
(3) veteran populations, defined as that percentage of the
municipality's population comprised of veterans, based on the data
most recently published by the Texas Veterans Commission;
(4) population of persons with disabilities, defined as that
percentage of the municipality's population comprised of persons with
disabilities, based on the data most recently available from the U.S.
Census Bureau; and
(5) population of homeless persons, defined as that per-
centage of the municipality's population comprised of homeless per-
sons, based on the most recently available Point-In-Time Counts pre-
pared by the Continuums of Care in Texas.
(b) The factors enumerated in subsection (a)(1) - (5) of this
section shall be used to calculate distribution percentages for each mu-
nicipality based on the following formula:
(1) 20 percent weight for the percentage of population;
(2) 25 percent weight for poverty populations;
(3) 25 percent weight for veteran populations;
(4) 5 percent weight for population of persons with disabil-
ities; and
(5) 25 percent weight for the homeless population, based
on the results of the most recently available Point-In-Time Counts pre-
pared by the Continuums of Care in Texas.
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 July 16, 2012.
TRD-20120361737 TexReg 5576 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/56/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.