Texas Register, Volume 46, Number 17, Pages 2627-2862, April 23, 2021 Page: 2,727
2629-2862 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: April 27, 2021
Proposal publication date: February 12, 2021
For further information, please call: (512) 426-6772
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 8. PROJECT RENTAL ASSISTANCE
PROGRAM RULE
10 TAC 8.7
The Texas Department of Housing and Community Affairs (the
Department) adopts an amendment to 10 TAC 8.7, Program
Regulations and Requirements without changes to the proposed
text as published in the January 29, 2021, issue of the Texas
Register (46 TexReg 689), as it relates to properties participating
in the Section 811 Program. The rule will not be republished.
The purpose of the amendment is to clarify for Owners that the
Department must confirm that assistance is available for an eligi-
ble household prior to the property owner reinstating that house-
hold to the program. The amendment specifies that property
owners or agents must request and receive written confirmation
from the Department that the household can be reinstated to the
Section 811 PRA Program.
Tex. Gov't Code 2001.0045(b) does not apply to the rule being
adopted because there is no cost to the rule change.
a. GOVERNMENT GROWTH IMPACT STATEMENT RE-
QUIRED BY TEX. GOV'T CODE 2001.0221.
Mr. Bobby Wilkinson, Executive Director has determined that for
the first five years the amendment would be in effect:
1. The amended rule does not create or eliminate a government
program. This amended rule merely ensures that program fund-
ing is available to support a household prior to reinstatement,
and that no other households are skipped over. This rule also
harmonizes the Department's policy regarding a property's ac-
tions with the federal regulation, HUD Handbook 4350.3.
2. The amended rule does not require a change in work that
would require the creation of new employee positions, nor are
the rule changes significant enough to reduce workload to a de-
gree that eliminates any existing employee positions.
3. The amended rule does not require additional future legisla-
tive appropriations.
4. The amended rule will not result in an increase in fees paid
to the Department, nor in a decrease in fees paid to the Depart-
ment.
5. The amended rule is not creating a new regulation, except that
it is amending a rule to ensure reinstated households have fund-
ing available to support them and that no other eligible house-
holds are skipped over.
6. The amended rule will expand an existing regulation by adding
an additional communication requirement that ensures the pro-gram is administered fairly and does not exceed the property's
obligation or the program's budget.
7. The amended rule will not increase or decrease the number
of individuals subject to the rule's applicability; and
8. The amended rule will not negatively or positively affect the
state's economy.
b. ADVERSE ECONOMIC IMPACT ON SMALL OR MI-
CRO-BUSINESSES OR RURAL COMMUNITIES AND REG-
ULATORY FLEXIBILITY REQUIRED BY TEX. GOV'T CODE
2006.002.
The Department, in drafting this rule, has attempted to reduce
any adverse economic effect on small or micro-business or ru-
ral communities while remaining consistent with the statutory re-
quirements of Tex. Gov't Code 2306.041 and 2306.0504.
1. The Department has evaluated this rule and determined that
none of the adverse effect strategies outlined in Tex. Gov't Code
2006.002(b) are applicable.
2. This rule relates to the procedures in place for owners
and managers of developments participating in Department
programs. Other than in the case of a small or micro-business
that participates in the Department's program covered by this
rule, no small or microbusinesses are subject to the rule. If a
small or micro-business does participate in the program, the
rule provides a clear set of regulations for doing so and the
amendment poses no fiscal impact on such businesses.
3. The Department has determined that because all potential
penalties can be avoided by adhering to program rules, there
will be no economic effect on small or micro-businesses or rural
communities.
c. TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX.
GOV'T CODE 2007.043.
The amended rule does not contemplate or authorize a taking
by the Department; therefore, no Takings Impact Assessment is
required.
d. LOCAL EMPLOYMENT IMPACT STATEMENTS REQUIRED
BY TEX. GOV'T CODE 2001.024(a)(6).
The Department has evaluated the rule as to its possible effects
on local economies and has determined that for the first five
years the rule will be in effect the amended rule has no economic
effect on local employment. Property management partners will
not have to hire additional staff to comply with this amended rule.
Therefore, no local employment impact statement is required to
be prepared for this rule.
Tex. Gov't Code 2001.022(a) states that this "impact statement
must describe in detail the probable effect of the rule on employ-
ment in each geographic region affected by this rule..." Consid-
ering that the amended rule has no economic impact on local
employment, there are no "probable" effects of the new rule on
particular geographic regions.
e. PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T
CODE 2001.024(a)(5).
Mr. Wilkinson has determined that, for each year of the first five
years the amended section is in effect, the public benefit antic-
ipated as a result of the amended sections will be the creation
of a control that will prevent funding from being committed that
is not actually available. There will not be any economic cost
to any individuals required to comply with the amended sectionADOPTED RULES April 23, 2021 46 TexReg 2727
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 46, Number 17, Pages 2627-2862, April 23, 2021, periodical, April 23, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1330690/m1/101/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.