Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008 Page: 80
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Finally, regarding match, commenters identified three issues that
were not addressed in the proposed Rule including the elimina-
tion of match for TBRA Contract Administrators, the reduction of
the match scoring requirement for applicants other than TBRA,
and the reduction of the match percentage for smaller cities and
counties as a threshold requirement upon application.
STAFF RESPONSE: Please note that since this general public
comment merely references that the Department did not adopt
the HOME Task Force language and recommendations and
does not specifically provide comments citing sections of the
proposed rule, staff has not revisited the HOME Task Force
language and recommendations with a reasoned response. At
the time the Task Force met, staff informed all members that
their recommendations would be considered, but not necessar-
ily adopted. In drafting the proposed rule, all HOME Task Force
recommendations were reviewed and to the extent they were
consistent with Board policy and the Department's goals, staff
attempted to incorporate them into the draft rule.
GENERAL COMMENT (62): Commenter states the HOME Ad-
visory Task Force, as well as staff, recommended that the Match
Guidelines be revised to allow for all eligible match sources.
While the Match Guidelines are not in 10 TAC, it is reasonable
for the Board to revise the Match Guidelines as recommended
by the HOME Advisory Task Force and staff as soon as possible.
STAFF RESPONSE: It is not necessary to revise the Depart-
ment's Match Guidelines since all eligible match sources are al-
ready accepted by the Department. Comment is not specific to
what sources are not acceptable to the Department. Addition-
ally, there was no recommendation from the HOME Task Force
regarding eligible match sources.
COMMENT (60,65,66): Section 53.2(72). The definition of "Per-
sons with Disabilities" should be inclusive of households with a
child or children who have disabilities. Children deserve access
and that the increased expenses of living with a disability are
also increased expenses for children and their families.
STAFF RESPONSE: Staff concurs with the comments and rec-
ommends the following language:
(72) Persons with Disabilities--A Household composed of one
or more Persons, at least one of whom is a person, who has
a disability that is a physical, mental, or emotional impairment
that is expected to be of long-continued and indefinite duration,
substantially impedes his or her ability to live independently, and
is of such a nature that such ability could be improved by more
suitable housing conditions. A Person will also be considered
to have a disability if he or she has a developmental disability,
which is a severe, chronic disability and as further defined at 24
CFR 92.2.
The Board approved the final order adopting these amendments,
as well as administrative changes as needed for consistency
within this Chapter, on December 20, 2007. The new rules en-
sure compliance with statutory requirements as per changes in
Chapter 2306, Texas Government Code during the 80th legisla-
tive session. In order to offer consistency and uniformity among
housing programs, changes were made to the rule in the areas of
definition. To provide clarity regarding administrative processes,
additional sections were added to assist in formalizing those pro-
gram processes. Finally, to streamline and update certain pro-
cesses, some sections were removed or collapsed with other
relevant sections.The new sections are adopted pursuant to authority granted in
Chapter 2306, Texas Government Code; specifically 2306.053
which grants the Department general rulemaking authority to
carry out the powers expressly granted or necessarily implied
by Chapter 2306, and 2306.111(a) which requires the Depart-
ment to administer all federal housing funds provided to the state
under the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12704 et seq) or any other affordable housing pro-
gram.
53.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1) Act--HOME Investment Partnership Act at Title II of
the Cranston-Gonzalez National Affordable Housing Act as amended,
at 42 USC 12701, et seq.
(2) Activity--A single housing unit with a unique physical
address. An activity may also refer to an individual Project or site.
(3) Administrative Deficiencies--The absence of informa-
tion or a document from the application as required in this Chapter or
applicable NOFA.
(4) Administrator--The Person responsible for performing
under a Contract with the Department.
(5) Affiliate--An individual, corporation, partnership, joint
venture, limited liability company, trust, estate, association, coopera-
tive or other organization or entity of any nature whatsoever that di-
rectly, or indirectly through one or more intermediaries, Controls, is
Controlled by, or is under common Control with any other Person, and
specifically shall include parents or subsidiaries. Affiliates also include
all General Partners, Special Limited Partners and Principals with an
ownership interest.
(6) Affiliated Party--A person in a relationship with the Ad-
ministrator on a Contract with the Department.
(7) Annual Income--As defined in 24 CFR 92.203.
(8) Applicant--A Person who has submitted to the Depart-
ment an Application for Department funds or other assistance.
(9) Application--A request for funds submitted to the De-
partment in a form prescribed by the Department, including any ex-
hibits or other supporting material.
(10) Application Acceptance Period--The period of time
that Applications may be submitted to the Department as more fully
described in the applicable NOFA.
(11) Application Submission Procedures Manual (ASPM)-
-The manual that sets forth the procedures, forms, and instructions for
the completion and submission of an Application to the Department.
(12) Area Median Family Income (AMFI)--The income es-
timated and determined by HUD as the median family income with ad-
justments for family size and geographic locations.
(13) Articles of Incorporation--The document that sets
forth the basic terms for a corporation's existence and is the official
recognition of the corporation's existence.
(14) Board--The governing board of the Texas Department
of Housing and Community Affairs.
(15) Business Plan--The written document that for the pur-
poses of CHDO certification outlines the CHDO's plan for developing
eligible housing activities, its internal operations, and citizen partici-
pation process.33 TexReg 80 January 4, 2008 Texas Register
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Texas. Secretary of State. Texas Register, Volume 33, Number 1, Pages 1-358, January 4, 2008, periodical, January 4, 2008; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90775/m1/78/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.