Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,030
5985-6306 p. ; 28 cm.View a full description of this periodical.
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6.201 - 6.214; Subchapter C, Comprehensive Energy Assis-
tance Program, 6.301 - 6.313; Subchapter D, Weatherization
Assistance Program, 6.401 - 6.417and new Subchapter E,
Low Income Household Water Assistance Program, 6.501 -
6.503. The purpose of the proposed new chapter is to update
the rules to provide greater clarity for Subrecipients while ad-
ministering Community Affairs programs (i.e., CSBG, LIHEAP,
LIHWAP, and DOE WAP).
Tex. Gov't Code 2001.0045(b) does not apply to the rules pro-
posed for action because it is exempt under 2001.0045(c)(4),
which exempts rule changes necessary to receive a source of
federal funds or to comply with federal law. This revision is being
proposed to update, streamline, and make clearer the rules gov-
erning the administration of Community Affairs programs. The
Department does not anticipate any costs associated with this
proposed rule action. Compliance with the proposed rules are
intended to ensure adherence to federal statute while operating
federal grants.
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 rules would be in effect:
1. The proposed rules do not create or eliminate a government
program, but relate to the repeal, and simultaneous adoption
relating to the administration of Community Affairs programs.
2. The proposed new rules do not require a change in work that
would require the creation of new employee positions, nor are
the proposed new rules significant enough to reduce workload
to a degree that eliminates any existing employee positions.
3. The proposed rule does not require additional future legisla-
tive appropriations.
4. The proposed rule will not result in an increase in fees paid
to the Department, nor in a decrease in fees paid to the Depart-
ment.
5. The proposed rule is not creating new regulations, except that
it is replacing rules being repealed simultaneously to provide for
revisions.
6. The proposed rule will not expand, limit, or repeal existing
regulations.
7. The proposed rule will not increase or decrease the number
of individuals subject to the rules' applicability.
8. The proposed rules 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. GOVT CODE
2006.002. The Department, in drafting the proposed rules, has
attempted to reduce any adverse economic effect on small or
micro-business or rural communities while remaining consistent
with the statutory requirements of Tex. Gov't Code Chapter
2306, Subchapter E.
1. The Department has evaluated the proposed rules and deter-
mined 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
Community Affairs programs which include the Community Ser-
vices Block Grant (CSBG), the Low Income Household Water
Assistance Program (LIHWAP), the Low Income Home Energy
Assistance Program (LIHEAP) which can be further divided into
the Comprehensive Energy Assistance Program and LIHEAP
Weatherization Assistance Program (WAP), and the Depart-
ment of Energy WAP (DOE WAP). Other than a Subrecipient of
funds for any of these programs who may consider itself a small
or micro-business, which would not generally be the case, no
small or micro-businesses are subject to the rules. However, if
a Subrecipient 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 rules do not contem-
plate 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-
fect on local economies and has determined that for the first five
years the proposed rules will be in effect there would be no eco-
nomic effect on local employment because the rules relate only
to a process which has already been in effect for existing Sub-
recipients; 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 new 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 new chapter is in effect, the
public benefit anticipated as a result of the new chapter would be
an updated, more streamlined, and clearer version of the rules
governing Community Affairs programs. There will not be eco-
nomic costs to individuals required to comply with the new chap-
ter because the rules have already been in place through the
rules found at the chapter being repealed.
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 new chapter is in effect,
enforcing or administering the new chapter does not have any
foreseeable 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 new chapter. Written com-
ments 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 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 PROVISIONS46 TexReg 6030 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/m1/48/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.