Texas Register, Volume 37, Number 38, Pages 7327-7532, September 21, 2012 Page: 7,339
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10 TAC 1.9, 1.25
(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will not be published.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, Room 245, 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 1, Sub-
chapter A, 1.9, concerning Qualified Contract Policy, and 1.25,
concerning Right of First Refusal at Fair Market Value. The
purpose of these repeals is to move the sections under a pro-
posed new Chapter 10, concerning Uniform Multifamily Rules,
and amend them to combine all right of first refusal information
in the new right of first refusal rule and to include only informa-
tion on qualified contracts in the new qualified contract rule. In
addition, all rules pertaining to post award and asset manage-
ment requirements are being repealed from various other sec-
tions under this title by separate action. The proposed new 10
TAC Chapter 10, Subchapter E, concerning Post Award and As-
set Management Requirements, is published concurrently with
this repeal 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 repeals are in
effect, enforcing or administering the repealed sections does not
have any foreseeable implications related to new costs or rev-
enues of the state or local governments.
PUBLIC BENEFIT/COST NOTE. Mr. Irvine has also determined
that, for each year of the first five years the repeals are in effect,
the public benefit anticipated as a result of the repealed sections
and proposed new Chapter 10 will be a more consistent and
uniform approach to the activities that occur after an award of
funds is made. There is no anticipated new direct cost impact as
a result of the repeal due to the proposed adoption of the new
rule. It is not anticipated that the repeal and replacement will
have a change in the economic cost to any individual required to
comply with the repealed or recreated sections.
ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES. The
Department has determined that there will be no change in eco-
nomic effect on small or micro-businesses as a result of the re-
peal.
LOCAL EMPLOYMENT IMPACT STATEMENT. The Department
has determined that there will be no effect on local economies
as a result of the repeal.
REQUEST FOR PUBLIC COMMENT. The public comment pe-
riod will be held September 21, 2012 to October 22, 2012 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: Cari Garcia,
Director of Asset Management; or by FAX to (512) 475-7500.
ALL COMMENTS MUST BE RECEIVED BY 5:00 P.M. OCTO-
BER 22, 2012
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.
1.9. Qualified Contract Policy
1.25. Right ofFirst Refusal at Fair Market Value.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 10,
2012.
TRD-201204684
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: October 21, 2012
For further information, please call: (512) 475-3916
10 TAC 1.19
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of the
Texas Department of Housing and Community Affairs or in the Texas
Register office, Room 245, 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 1, 1.19,
concerning Deobligated Funds. The purpose of the proposed re-
peal is to establish a simplified process for the use of deobligated
or other available funds the program governs. The proposed
new 10 TAC 1.19 is published concurrently with this proposed
repeal 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 will
be 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 will be in
effect, the public benefit anticipated as a result of the repeal is
to increase program flexibility in expending funds and assisting
households and communities. There will be no economic cost
to any individuals required to comply with the repealed section.
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
period will be held September 21, 2012 to October 22, 2012 to
receive input on the proposed repeal. Written comments may
be submitted to Texas Department of Housing and Commu-
nity Affairs, Rule Comments, P.O. Box 13941, Austin, Texas
78711-3941, by email to Brooke Boston at the following ad-
dress: brooke.boston@tdhca.state.tx.us, or by fax to (512)
475-1162. ALL COMMENTS MUST BE RECEIVED BY 5:00
P.M. OCTOBER 22, 2012.
STATUTORY AUTHORITY. The repealed section is proposed
pursuant to Texas Government Code, 2306.053, which autho-
rizes the Department to adopt rules.
The proposed repealed rule affects no other code, article, or
statute.
1.19. Deobligated Funds.PROPOSED RULES September 21, 2012 37 TexReg 7339
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Texas. Secretary of State. Texas Register, Volume 37, Number 38, Pages 7327-7532, September 21, 2012, periodical, September 21, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth288980/m1/12/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.