Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013 Page: 6,386
6341-6746 p. ; 28 cm.View a full description of this periodical.
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if the waiver is not granted, the Department will not fulfill some spe-
cific requirement of law. In this regard the policies and purposes artic-
ulated in Texas Government Code, 2306.001, 2306.002, 2306.359,
and 2306.6701 are general in nature and apply to the role of the De-
partment and its programs, including the Housing Tax Credit program.
Where appropriate the Applicant is encouraged to submit with the re-
quested waiver any plans for mitigation or alternative solutions. Any
such request for waiver must be specific to the unique facts and cir-
cumstances of an actual proposed Development and must be submitted
to the Department in the format required in the Application materials.
Any waiver, if granted, shall apply solely to the Application and shall
not constitute a general modification or waiver of the rule involved.
(b) General Pre-clearance Process. Pre-clearance may be re-
quested for issues related to Undesirable Area Features pursuant to
10.101(a)(4) of this chapter (relating to Site and Development Re-
quirements and Restrictions). An Applicant may request pre-clearance
in writing at or prior to the submission of the pre-application (if ap-
plicable) or the Application. Pre-clearance requests will not be ac-
cepted after submission of the Application. Requests for pre-clearance
should include sufficient documentation for the Board to make a fully
informed determination and must be submitted to the Department in
the format required in the Application materials. Where appropriate
the Applicant is encouraged to submit with the requested pre-clearance
any plans for mitigation or alternative solutions. Any pre-clearance, if
granted, shall apply solely to the Application and should not be con-
strued to apply in other situations that may appear similar.
(c) Waivers and/or Pre-Clearance Granted by the Executive
Director. The Executive Director may waive requirements or grant
pre-clearance as provided in this rule. Even if this rule grants the Exec-
utive Director authority to waive or pre-clear a given item, the Execu-
tive Director may present the matter to the Board for consideration and
action. Neither the Executive Director nor the Board shall grant any
waiver or pre-clear any item to the extent such requirement is mandated
by statute. Denial of a waiver and/or pre-clearance by the Executive
Director may be appealed to the Board in accordance with 10.902 of
this chapter (relating to Appeals Process (2306.0321; 2306.6715)).
Applicants should expect that waivers granted by the Executive Direc-
tor will generally be very limited. The Executive Director's decision
to defer to the Board will not automatically be deemed an adverse staff
position with regard to the waiver request as public vetting of such re-
quests is generally appropriate and preferred. However, this does not
preclude a staff recommendation to approve or deny any specific re-
quest for a waiver.
(d) Waivers Granted by the Board. The Board, in its discre-
tion, may waive any one or more of the rules in Subchapters B, C, E,
and G of this chapter except no waiver shall be granted to provide for-
ward commitments or if the requested waiver is prohibited by statute
(i.e., statutory requirements may not be waived). The Board, in its
discretion, may grant a waiver that is in response to a natural, federally
declared disaster that occurs after the adoption of the multifamily rules.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 16,
2013.
TRD-201303987Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: October 27, 2013
For further information, please call: (512) 475-3974
SUBCHAPTER D. UNDERWRITING AND
LOAN POLICY
10 TAC 10.301 - 10.307
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices
of the Texas Department of Housing and Community Affairs or in the
Texas Register office, James Earl Rudder Building, 1019 Brazos Street,
Austin, Texas.)
The Texas Department of Housing and Community Affairs (the
"Department") proposes the repeal of 10 TAC Chapter 10,
Subchapter D, 10.301 - 10.307, concerning Underwriting
and Loan Policy. The purpose of this proposed repeal is to
allow for the adoption of new real estate analysis rules. The
proposed repeal and proposed new real estate analysis rules
are published concurrently in this issue of the Texas Register.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has deter-
mined that, for each year of the first five years the repeal is in
effect, enforcing or administering the repeal does not have any
foreseeable implications related to costs or revenues of the state
or local governments.
PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined
that, for each year of the first five years the repeal is in effect,
the public benefit anticipated as a result of the repeal will be the
adoption of new rules to enhance the State's ability to provide
decent, safe, sanitary and affordable housing. There will not be
any economic cost to any individuals required to comply with the
repeal.
ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES. The
Department has determined that there will be no economic effect
on small businesses or micro-businesses.
REQUEST FOR PUBLIC COMMENT. The public comment pe-
riod will be held September 27, 2013 to October 21, 2013 to
receive input on the repeal. Written comments may be submit-
ted to the Texas Department of Housing and Community Affairs,
P.O. Box 13941, Austin, Texas 78711-3941, ATTN: Pam Cloyde,
or by email to pamela.cloyde@tdhca.state.tx.us, or by FAX to
(512) 475-4420. ALL COMMENTS MUST BE RECEIVED BY
5:00 P.M. on OCTOBER 21, 2013.
STATUTORY AUTHORITY. The repeal is proposed pursuant to
Texas Government Code, 2306.053, which authorizes the De-
partment to adopt rules.
The proposed repeal affects no other code, article or statute.
10.301. General Provisions.
10.302. Underwriting Rules and Guidelines.
10.303. Market Analysis Rules and Guidelines.
10.304. Appraisal Rules and Guidelines.
10.305. Environmental Site Assessment Rules and Guidelines.
10.306. Property Condition Assessment Guidelines.
10.307. Direct Loan Requirements.38 TexReg 6386 September 27, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 39, Pages 6341-6746, September 27, 2013, periodical, September 27, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342084/m1/46/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.