Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,022
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6. The repeal will not expand, limit, or repeal an existing regula-
tion.
7. The repeal will not increase or decrease the number of indi-
viduals subject to the rule's applicability.
8. The repeal 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 has evaluated the proposed repeal and deter-
mined that the proposed repeal will not create an economic effect
on small or micro-businesses or rural communities.
c. TAKINGS IMPACT ASSESSMENT REQUIRED BY TEX.
GOV'T CODE 2007.043. The proposed repeal 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 proposed repeal as to its pos-
sible effects on local economies and has determined that for the
first five years the proposed repeal would be in effect there would
be no economic effect on local employment; therefore, no local
employment impact statement is required to be prepared for the
rule.
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 proposed repeal is in effect,
the public benefit anticipated as a result of the changed sections
would be an updated and more germane rule. There will not
be economic costs to individuals required to comply with the re-
pealed section.
f. FISCAL NOTE REQUIRED BY TEX. GOV'T CODE
2001.024(a)(4). Mr. Wilkinson also has determined that for
each year of the first five years the proposed repeal is in effect,
enforcing or administering the repeal does not have any fore-
seeable implications related to costs or revenues of the state or
local governments.
REQUEST FOR PUBLIC COMMENT. The public comment pe-
riod will be held September 17, 2021, to October 18, 2021, to
receive input on the proposed action. Written comments may be
submitted to the Texas Department of Housing and Community
Affairs, Attn: Brooke Boston, Rule Comments, P.O. Box 13941,
Austin, Texas 78711-3941 or email bboston@tdhca.state.tx.us.
ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m., Austin
local time, October 18, 2021.
STATUTORY AUTHORITY. The proposed repeal is made pur-
suant to Tex. Gov't Code 2306.053, which authorizes the De-
partment to adopt rules.
Except as described herein the proposed repealed sections af-
fect no other code, article, or statute.
1.401. Definitions.
1.402. Cost Principles and Administrative Requirements.
1.403. Single Audit Requirements.
1.404. Purchase and Procurement Standards.
1.407. Inventory Report.1.411. Administration of Block Grants under Chapter 2105 of the
Tex. Gov't Code.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on September 2,
2021.
TRD-202103470
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: October 17, 2021
For further information, please call: (512) 475-1762
10 TAC 1.401 - 1.404, 1.407, 1.411
The Texas Department of Housing and Community Affairs (the
Department) proposes new 10 TAC Chapter 1, Administration,
Subchapter D, Uniform Guidance for Recipients of Federal and
State Funds, which includes new 1.401 Definitions; 1.402
Cost Principles and Administrative Requirements; 1.403 Sin-
gle Audit Requirements; 1.404 Purchase and Procurement
Standards; 1.407 Inventory Report; and 1.411 Administration
of Block Grants under Chapter 2105 of the Tex. Gov't Code.
The purpose of the proposed new sections is to clarify require-
ments for participants of the Department's program; to imple-
ment changes related to Texas' Grant Management Standards;
and to permit subrecipients of the certain programs to receive a
reasonable fee for their administration of certain programs under
the State Housing Trust Fund rather than reimbursement based
on documentation of incurred administrative expenses.
Tex. Gov't Code 2001.0045(b) does not apply to the rule pro-
posed for action because it was determined that no costs are
associated with this action, and therefore no costs warrant be-
ing offset.
The Department has analyzed this proposed rulemaking and the
analysis is described below for each category of analysis per-
formed.
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 proposed new sections would be in
effect:
1. The new sections do not create or eliminate a government
program but relates to changes to existing regulations applicable
to Department subrecipients.
2. The new sections do not require a change in work that would
require the creation of new employee positions, nor are the rule
changes significant enough to reduce work load to a degree that
eliminates any existing employee positions.
3. The new sections do not require additional future legislative
appropriations.
4. The new sections will not result in an increase in fees paid
to the Department, nor in a decrease in fees paid to the Depart-
ment.46 TexReg 6022 September 17, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/40/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.