Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,027
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(C) Statute, rule, or contract violations that have not
been timely corrected and have prompted the Department to initiate
proceedings under 10 TAC Chapter 2, (relating to Enforcement), and
have resulted in a final order confirming such violation(s);
(D) Disallowed costs in excess of $10,000 that have not
been timely repaid;
(E) Failure by Subrecipient to select an option as pro-
vided for in 1.410 of this title (relating to Determination of Alien Sta-
tus for Program Beneficiaries) by the deadline;
(F) The ineffective rendition of services to clients,
which may include a Subrecipient's failure to perform on a Contract,
and which may include materially failing to expend funds;
(G) A failure to address an identified material lack of
cost efficiency of programs;
(H) A material failure of the services of the Subrecipi-
ent to meet the needs of groups or classes of individuals who are poor
or underprivileged or have a disability;
(I) Providing services that are adequately addressed by
other programs in that area;
(J) The extent to which clients and program recipients
are involved in the Subrecipient's decision making;
(K) Providing services in a manner that unlawfully dis-
criminates on the basis of protected class status; or
(L) Providing services outside of the designated geo-
graphic scope of the Subrecipient.
(2) Notification of Reduction, Termination, or Nonrenewal
of a Contract and Opportunity for a Hearing. As required by Tex. Gov't
Code 2105.203 and 2105.301, the Department will send a Subrecip-
ient a written statement specifying the reason for the reduction, termi-
nation, or nonrenewal of funds no later than the 30th day before the
date on which block grant funds are to be reduced, terminated, or not
renewed, unless excepted for by paragraph (4) of this subsection. After
receipt of such notice for reduction or nonrenewal, a Subrecipient may
request an administrative hearing under Tex. Gov't Code Ch. 2001
if the Subrecipient is alleging that the reduction is not based on good
cause as identified in subsection (f)(1) of this section or is without rea-
sonable basis in fact or law. If a Subrecipient requests a hearing, the
Department may, at its election, enter into an interim contract with ei-
ther the Subrecipient or another provider for the services formerly pro-
vided by the provider while administrative or judicial proceedings are
pending.
(3) Notification of Reduction of Block Grant funds for a
Geographical Area. If required by Tex. Gov't Code 2105.251 and
2105.252, the Department will send a Subrecipient a written statement
specifying the reason for the reduction of funds no later than the 30th
day before the date on which block grant funds are to be reduced.
(4) Exceptions. As authorized by Tex. Gov't Code
2105.201(b), the notification and hearing requirements for reduction
or nonrenewal of funding provided for in paragraphs (2) and (3) of
this subsection do not apply if a Subrecipient's block grant funding
becomes subject to the Department's competitive bidding rules. The
Department will require such competitive bidding for awarding block
grant funding subject to Tex. Gov't Code Ch. 2105 for Subrecipients
and in the Department's procuring of Subrecipients or contractors to
administer or assist in administering such block grant funds, which
includes the competitive release of Notices of Funding Availability and
competitive Requests for Subrecipients or Providers. The criteria for
evaluation of competitive responses shall be set forth in the applicablenotices of funds availability, requests, or other procurement invitation
document.
(5) Nothing in this section supersedes or is intended to con-
flict with the rights and responsibilities outlined in 2.203 of this title
(relating to Termination and Reduction of Funding for CSBG Eligible
Entities).
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-202103469
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
CHAPTER 6. COMMUNITY AFFAIRS
PROGRAMS
The Texas Department of Housing and Community Affairs (the
Department) proposes the repeal of 10 TAC Chapter 6, Com-
munity Affairs Programs, including Subchapter A, General Pro-
visions, 6.1 - 6.10; Subchapter B, Community Services Block
Grant, 6.201 - 6.214; Subchapter C, Comprehensive Energy
Assistance Program 6.301 - 6.313; and Subchapter D, Weath-
erization Assistance Program 6.401 - 6.417. The purpose of
the proposed repeal is to eliminate outdated rules that warrant
revision while adopting new updated rules under separate ac-
tion.
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 repeal would be in effect:
1. The proposed repeal does not create or eliminate a govern-
ment program, but relates to the repeal, and simultaneous adop-
tion of this chapter regarding the administration of Community
Affairs programs.
2. The proposed repeal does not require a change in work that
would require the creation of new employee positions, nor is the
proposed repeal significant enough to reduce workload to a de-
gree that any existing employee positions are eliminated.
3. The proposed repeal does not require additional future leg-
islative appropriations.
4. The proposed repeal does not result in an increase in fees
paid to the Department, nor in a decrease in fees paid to the
Department.
5. The proposed repeal is not creating a new regulation, except
that they are being replaced by new rules simultaneously to pro-
vide for revisions.PROPOSED RULES September 17, 2021 46 TexReg 6027
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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/m1/45/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.