Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017 Page: 6,010
This periodical is part of the collection entitled: Texas Register and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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is not a Household member (or is deceased), the Department
may consider it a renter-occupied unit on a case by case basis."
26.26(b)(1) AMY YOUNG BARRIER REMOVAL PROGRAM
PROPERTY ELIGIBILITY REQUREMENTS.
COMMENT SUMMARY: Commenter 1 stated that, in the case of
renting households, it is problematic to require that all household
members be listed on the lease because lease formats can vary.
STAFF RESPONSE: Staff agrees and has revised 26.26(b)(1)
accordingly. The new rule (revision in italics) states "(1) In rental
units, all Household occupants, including the Person with Dis-
ability, must be named on the intake application and Household
Income Certification."
26.27(c)(2) Amy Young Barrier Removal Program Construction
Requirements.
COMMENT SUMMARY: Commenter 4 suggested that acces-
sibility modifications be made with consideration of the design
standards established by the 2012 Texas Accessibility Stan-
dards instead of the 2010 standards under the of the American
with Disabilities Act.
STAFF RESPONSE: Using the 2010 Standards for Accessible
Design of the American with Disabilities Act as a guideline for the
design of Amy Young Barrier Removal Program projects allows
for a more uniform way of establishing standards and implemen-
tation across the State. The Texas Accessibility Standards are
only equivalent for compliance with Title Ill of the ADA while 2010
ADA complies with Title II. No changes to this section of the rule
will be made in response to this comment.
26.27(d)(3) Amy Young Barrier Removal Program Construction
Requirements.
COMMENT SUMMARY: Commenter 1, Commenter 2, and
Commenter 4 suggested clarification or elimination of the phrase
"inadequate, faulty or damaged systems".
STAFF RESPONSE: Staff agrees and has revised 26.27(d)(3)
accordingly. The new rule (revision in italics) is "(3) Because
of the essential nature of the elimination of certain life-threaten-
ing hazards, the percentage of Project Hard Costs budget de-
voted to eliminating life-threatening hazards and correcting un-
safe conditions in the housing unit may exceed 25% if the work
write-up and cost estimation includes the correction of inade-
quate, faulty damaged or absent: emergency escape, rescue
openings and fire egress; ground fault circuit interrupters (GFCI);
arc fault circuit interrupters (AFCI); and smoke, fire and carbon
monoxide detection/alarm systems. The combination of the cor-
rection of these certain life-threatening hazards with the correc-
tion of any other unsafe conditions cannot exceed 40% of Project
Hard Costs budget."
26.27(d)(4) Amy Young Barrier Removal Program Construction
Requirements.
COMMENT SUMMARY: Commenter 3 stated that requiring
properties to be completely free of unsafe conditions upon
project completion limits the feasibility of the program in rural
areas, where leveraged funding opportunities are scarce. Com-
menter 3 stated that such a requirement merits increasing the
maximum program grant amount per household.
STAFF RESPONSE: The primary purpose of the program is to
increase housing accessibility, and the secondary purpose is to
address health and safety repairs (the budget for which is limited
to 25% of the total Project Hard Costs budget). Other fundingsources should be utilized to address life-threatening hazards
and unsafe conditions if these repairs exceed limitations under
the AYBR program. No changes to this section of the rule will be
made in response to this comment.
SUBCHAPTER A. GENERAL GUIDANCE
10 TAC 26.1 - 26.6
STATUTORY AUTHORITY. The new rules are adopted pursuant
to Tex. Gov't Code 2306.053, which authorizes the Department
to adopt rules.
The new rules affect no other code, article or statute.
26.1. Purpose.
This chapter clarifies the administration of the Texas Housing Trust
Fund Program (HTF). The HTF provides loans, grants or other compa-
rable forms of assistance to income-eligible individuals, families and
households. The HTF is administered in accordance with Texas Gov-
ernment Code, Chapter 2306, Chapter 20 of this Title (relating to Single
Family Programs Umbrella Rule), and Chapter 24 of this Title (relating
to Texas Bootstrap Loan Program Rule).
26.2. Definitions.
Definitions may be found in Texas Government Code, Chapter 2306;
Chapter 1 of this Title (relating to Administration), Chapter 2 of this
Title relating to Enforcement; Chapter 20 of this Title (relating to Sin-
gle Family Programs Umbrella Rule); Chapter 21 of this Title (relating
to Minimum Energy Efficiency Requirements for Single Family Con-
struction Activities), and Chapter 24 of this Title (relating to Texas
Bootstrap Loan Program Rule), unless the context or the Notice of
Funding Availability (NOFA) indicates otherwise.
26.3. Allocation of Funds.
(a) The Department administers all HTF funds provided to
the Department in accordance with Texas Government Code, Chapter
2306. The Department may solicit gifts and grants to endow the fund.
(b) Pursuant to Texas Government Code, 2306.202(b), use of
the HTF is limited to providing:
(1) assistance for individuals and families of low and very
low income;
(2) technical assistance and capacity building to nonprofit
organizations engaged in developing housing for individuals and fam-
ilies of low and very low income;
(3) security for repayment of revenue bonds issued to fi-
nance housing for individualsand families of low and very low income;
and
(4) subject to the limitations in Texas Government Code,
2306.251, the Department may also use the fund to acquire property
to endow the fund.
(c) Set-Asides. In accordance with Texas Government Code,
2306.202(a) and program guidelines:
(1) in each biennium, the first $2.6 million available
through the HTF for loans, grants, or other comparable forms of
assistance shall be set aside and made available exclusively for Local
Units of Government, Public Housing Authorities, and Nonprofit
Organizations;
(2) any additional funds may also be made available to for-
profit organizations provided that at least 45 percent of available funds,
as determined on September 1 of each state fiscal year, in excess of the
first $2.6 million shall be made available to Nonprofit Organizations;
and42 TexReg 6010 October 27, 2017 Texas Register
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Texas. Secretary of State. Texas Register, Volume 42, Number 43, Pages 5913-6056, October 27, 2017, periodical, October 27, 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth897027/m1/98/?q=%22%22~1&rotate=0: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.