Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013 Page: 4,979
4957-5134 p. ; 28 cm.View a full description of this periodical.
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be entered into the applicable community-wide Homeless Management
Information System in order to integrate HHSP data with data from all
homeless assistance and homelessness prevention Projects in a Contin-
uum of Care. The data to be collected will be indicated in the contract.
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 July 29, 2013.
TRD-201303084
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 8, 2013
For further information, please call: (512) 475-3916SUBCHAPTER K.
GRANTS (ESG)EMERGENCY SOLUTIONS
10 TAC 5.2001, 5.2004, 5.2006, 5.2008, 5.2012
The Texas Department of Housing and Community Affairs
(the "Department") proposes amendments to 10 TAC Chap-
ter 5, Subchapter K, 5.2001, 5.2004, 5.2006, 5.2008, and
5.2012, concerning Background, Eligible Applicants, Contract
Execution, Program Income, and Redistribution/Reallocation of
Additional Grant Funds and Unexpended Funds. The purpose
of the amendments is to define Emergency Solutions Grants
(ESG) program participants as Subrecipients, to align ESG with
other Community Affairs programs, and to allow the Department
greater flexibility in the redistribution or reallocation of additional
grant funds and unexpended funds.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has de-
termined that, for each year of the first five years the proposed
amendments will be in effect, enforcing or administering the pro-
posed amendments 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 amendments will be
in effect, the public benefit anticipated as a result of the amend-
ments will be to clarify that ESG program participants are defined
as that term is used in other Community Affairs programs. There
will not be any economic cost to any individuals required to com-
ply with the rule as a result of this action.
ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES. The
Department has determined that there will be no economic effect
on small or micro-businesses.
REQUEST FOR PUBLIC COMMENT. Written comments may
be submitted to the Texas Department of Housing and Commu-
nity Affairs, Annette Cornier, Rule Comments, P.O. Box 13941,
Austin, Texas 78711-3941; by email to cadrulecomments@td-
hca.state.tx.us; or by fax to (512) 475-3935. ALL COMMENTS
MUST BE RECEIVED BY 5:00 P.M. SEPTEMBER 9, 2013.
STATUTORY AUTHORITY. The amendments are proposed pur-
suant to Texas Government Code, 2306.053, which generally
authorizes the Department to adopt rules, and more specifically
Texas Government Code, 2306.092, which authorizes the De-
partment to promulgate rules regarding its community affairs and
community development programs.The proposed amendments affect no other code, article, or
statute.
5.2001. Background.
(a) Emergency Solutions Grants (ESG) funds are federal funds
awarded to the State of Texas by the U.S. Department of Housing and
Urban Development (HUD) and administered by the Texas Department
of Housing and Community Affairs (the "Department").
(b) The regulations in this subchapter govern the administra-
tion of ESG funds and establish policies and procedures for use of
ESG funds to meet the purposes contained in Title IV of the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11371 - 11378)
(the "Act"), as amended by the Homeless Emergency Assistance and
Rapid Transition to Housing Act (HEARTH Act).
(c) ESG Subrecipients [program participants] shall comply
with the regulations applicable to the ESG program as indicated in this
subchapter and as set forth in 24 CFR Part 91 and 24 CFR Part 576
[and 24 aFR Part 9] (the "Federal Regulations"). ESG Subrecipients
[program participant] must also follow all other applicable federal
and state statutes and the regulations established in this chapter, as
amended or suspended.
(d) In the event that Congress, the Texas Legislature, or HUD
add or change any statutory or regulatory requirements concerning the
use or administration of these funds, ESG Subrecipients [program par-
ticipants] shall comply with such requirements.
5.2004. Eligible Applicants.
(a) Eligible Subrecipients [applicants] are Units of General
Local Government [units of general purpose local government] and
those Private Nonprofit Organization(s) [private nonprof organiza-
tions] that are secular or religious organizations as described in 501(c)
of the Internal Revenue Code of 1986, are exempt from taxation under
Subtitle A of the Code, have an accounting system and a voluntary
board, and practice non-discrimination in the provision of assistance.
(b) The Department reserves the option to limit eligible
Subrecipient [applicant] entities in a given funding cycle.
5.2006. Contract Execution.
(a) The Department will obligate funds within sixty (60) days
of receiving the signed grant agreement from the U.S. Department of
Housing and Urban Development (HUD).
(b) Upon approval by the Department's Board of Directors or
its designee, Subrecipients [applicants] receiving Emergency Solutions
Grants (ESG) funds shall enter into and execute a contract [an agree-
mert] for the receipt of ESG funds.
(c) The Department, acting by and through its Executive Di-
rector or his/her designee, may authorize, execute, and deliver modifi-
cations and/or amendments to the ESG contract.
(d) The Department reserves the right to deobligate funds and
redistribute funds.
(e) The Department reserves the right to negotiate the final
grant amounts and local match with Subrecipients [sueessful appli-
95.2008. Program Income.
(a) Program income is gross income received by the
Subrecipient, its Affiliates, or Subgrantees [grantee or subgrantee]
directly generated by a grant supported activity, or earned only as a
result of the grant agreement during the grant period. Program income
received and expended during the contract period will count towardPROPOSED RULES August 9, 2013 38 TexReg 4979
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Texas. Secretary of State. Texas Register, Volume 38, Number 32, Pages 4957-5134, August 9, 2013, periodical, August 9, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342085/m1/23/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.