Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,870
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PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined
that, for each year of the first five years the amended rule will be
in effect, the public benefit anticipated as a result of the amended
rule will be a program that better meets the needs of persons with
disabilities. There will not be any economic cost to any individu-
als required to comply with the amended rule.
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. The public comment pe-
riod will be held August 31, 2012 to October 1, 2012 to receive
input on the amendments. Written comments may be submit-
ted to the Texas Department of Housing and Community Affairs,
Kate Moore, Rule Comments, P.O. Box 13941, Austin, Texas
78711-3941; by e-mail to firstname.lastname@example.org; or by
fax to (512) 475-0070. ALL COMMENTS MUST BE RECEIVED
BY 5:00 P.M. OCTOBER 1, 2012.
STATUTORY AUTHORITY. The amendments are proposed pur-
suant to Texas Government Code 2306.053, which authorizes
the Department to adopt rules. Additionally, the amendments
are proposed pursuant to Texas Government Code 2306.141,
which specifically authorizes the Department to adopt rules gov-
erning the administration of the Department's housing programs.
The proposed amendments affect no other code, article, or
5.801. Project Access Initiative.
(a) Purpose. Project Access is a program that utilizes federal
Section 8 Housing Choice Vouchers administered by the Texas Depart-
ment of Housing and Community Affairs (the "Department") to assist
low-income persons with disabilities in transitioning from institutions
into the community by providing access to affordable housing.
(1) Section 8--The U.S. [United States] Department of
Housing and Urban Development Section 8 Housing Choice Voucher
Program administered by the Department.
(2) At-Risk Applicant--Applicant that meets the criteria in
subparagraphs (A) and (B) of this paragraph:
(A) current recipient of Tenant-Based Rental Assis-
tance from the Department's HOME Investments Partnership Program;
(B) within six (6) months [one-hundred-twenty (2 0)
days] prior to expiration of assistance.
(c) Regulations Governing Program. All Section 8 Program
rules and regulations apply to the program.
(d) Program Design.
(1) At least 90  percent of Project Access Vouchers will
be reserved for persons [under the age of sixty-two (62) at the time of
voucher issuance] that meet the eligibility criteria of subsection (e)(1)
and (2) of this section.
1(2) No more than 20 percent of Project Access Vutehers
ewil be reserved for persons at o ever the age f sixty-wo (62) at the
time f eoher irssuanc meetig the Project Access eligibi4 ciittea
in &,ahseion (e) 1-) and (2) of this section.
(2) [(3)] No more than 10 percent of Project Access Vouch-
ers will be reserved for individuals eligible for a pilot program in part-
nership with the Department of State Health Services (DSHS) and the
Department for currentt residents ef] Texas state psychiatric hospitals
that meet the criteria of subsection (e)(1) and (3) of this section at the
time of voucher issuance.
(3) [(4)] The total number of Project Access Vouchers will
be determined each year in the Departmental Annual Public Housing
Agency (PHA) Plan. The number of vouchers allocated to each sub-
population listed in paragraphs (1) and (2) [- 3)] of this subsection will
be determined by the Department.
(e) Project Access Eligibility Criteria. A Project Access
voucher recipient must meet all Section 8 eligibility criteria as well as
meet all of the eligibility criteria in paragraph (1) of this subsection
and either paragraph (2) or (3) of this subsection:
(1) have a permanent disability as defined in 223 of the
Social Security Code or be determined to have a physical, mental, or
emotional disability that is expected to be of long-continued and indef-
inite duration that impedes one's ability to live independently;
(2) meet one of the criteria in subparagraphs (A) and (B)
of this paragraph:
(A) be an At-Risk Applicant and a previous resident of
a nursing facility, Texas state psychiatric hospital, intermediate care
facility, or board and care facility as defined by the U.S. Department of
Housing and Urban Development (HUD); or
(B) be a current resident of a nursing facility, Texas state
psychiatric hospital, intermediate care facility, or board and care facil-
ity at the time of voucher issuance as defined by HUD;
(3) be eligible for the DSHS pilot program for [residents
of] Texas state psychiatric hospitals at the time of voucher issuance as
described in subsection (d)(2) of this section.
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 August 20, 2012.
Timothy K. Irvine
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: September 30, 2012
For further information, please call: (512) 475-3916
TITLE 13. CULTURAL RESOURCES
PART 2. TEXAS HISTORICAL
The Texas Historical Commission ("the commission") proposes
amendments to 21.7, 21.9, and 21.15, relating to the Official
Texas Historical Marker Program and the Museum Services Pro-
The commission's Official Texas Historical Marker Program and
the Museum Services Program are the agency's responsibility
under Texas Government Code 442.006. The Official Texas
Historical Marker Program works with county historical commis-
sions throughout the state to mark and interpret local and state
history. The marker program underwent a significant program
redesign in 2006 which formalized the role of the county histori-
37 TexReg 6870 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/52/: accessed August 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.