Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,028
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.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
6. The proposed action will repeal existing regulations, but is
associated with a simultaneous re-adoption making changes to
the rules governing the administration of Community Affairs pro-
grams.
7. The proposed repeal will not increase or decrease the number
of individuals subject to the rule's applicability.
8. The proposed repeal will not negatively or positively affect this
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 determined that the proposed repeal will not create an eco-
nomic effect on small or micro-businesses or rural communities.
1. The Department has evaluated the rules and determined that
none of the adverse effect strategies outlined in Tex. Gov't Code
2006.002(b) are applicable.
2. The rules relate to the Department's administration of all Com-
munity Affairs programs which include the Community Services
Block Grant (CSBG), the Low Income Home Energy Assistance
Program (LIHEAP) which can be further divided into the Compre-
hensive Energy Assistance Program and LIHEAP Weatheriza-
tion Assistance Program (WAP), and the Department of Energy
WAP (DOE WAP). Other than a Subrecipient of funds for any of
these programs who may consider itself a small or micro-busi-
ness, which would not generally be the case, no small or mi-
cro-businesses are subject to the rules. However, if a Subrecip-
ient considers itself a small or micro-business, the rule changes
provide greater clarity.
3. The Department has determined that because the rules apply
only to existing Subrecipients, there will be no 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 rules as to their possible ef-
fects on local economies and has determined that for the first
five years the proposed repeal will be in effect there would be no
economic effect on local employment because the rules relate
only to regulations which have already been in effect for existing
Subrecipients; therefore, no local employment impact statement
is required to be prepared for the rules.
Tex. Gov't Code 2001.022(a) states that this "impact statement
must describe in detail the probable effect of the rule on employ-
ment in each geographic region affected by this rule" ...Consid-
ering that the rules pertain to all Subrecipients throughout the
state, regardless of location, there are no "probable" effects of
the revised rules on particular geographic regions.
e. PUBLIC BENEFIT/COST NOTE REQUIRED BY TEX. GOV'T
CODE 2001.024(a)(5). Mr. Wilkinson has also determined that,
for each year of the first five years the proposed repeal is in ef-
fect, the public benefit anticipated as a result of the repealed
chapter would be an updated, more streamlined, and clearer ver-
sion of the rules governing Community Affairs programs. There
will not be economic costs to individuals required to comply with
the repealed chapter.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.
g. REQUEST FOR PUBLIC COMMENT. The public comment
period will be held September 17, 2021, to October 18, 2021,
to receive input on the proposed repealed chapter. Written
comments may be mailed to the Texas Department of Housing
and Community Affairs, Gavin Reid, Rule Comments, P.O. Box
13941, Austin, Texas 78711-3941, or by email to gavin.reid@td-
hca.state.tx.us. ALL COMMENTS MUST BE RECEIVED BY
5:00 p.m., Austin local time, October 18, 2021.
SUBCHAPTER A. GENERAL PROVISIONS
10 TAC 6.1 - 6.10
STATUTORY AUTHORITY. The repeal is adopted pursuant to
TEX. GOV'T CODE, 2306.053, which authorizes the Depart-
ment to adopt rules.
Except as described herein the repeal affects no other code, ar-
ticle, or statute.
6.1. Purpose and Goals.
6.2. Definitions.
6.3. Subrecipient Contract.
6.4. Income Determination.
6.5. Documentation and Frequency of Determining Customer Eli-
gibility.
6.6. Subrecipient Contact Information and Required Notifications.
6.7. Subrecipient Reporting Requirements.
6.8. Potential Applicant Applicant Customer Denials and Appeal
Rights.
6.9. Training Funds for Conferences.
6.10. Compliance Monitoring.
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 3,
2021.
TRD-202103493
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
4 4 4SUBCHAPTER B.
BLOCK GRANTCOMMUNITY SERVICES
10 TAC 6.201 - 6.214
STATUTORY AUTHORITY. The repeal is adopted pursuant to
TEX. GOVT CODE, 2306.053, which authorizes the Depart-
ment to adopt rules.
Except as described herein the repeal affects no other code, ar-
ticle, or statute.
6.201. Background and Definitions.
6.202. Purpose and Goals.46 TexReg 6028 September 17, 2021 Texas Register
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/46/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.