Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,039
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(B) If the issue is related to application of a provision
of the Contract or a requirement of the Texas Administrative Code, the
Subrecipient may request to submit an appeal to the Executive Director
consistent with 1.7 of this title (relating to Appeals Process).
(C) A Subrecipient may request Alternative Dispute
Resolution (ADR). Subrecipient should send a proposal to the Depart-
ment's Dispute Resolution Coordinator to initiate ADR pursuant to
1.17 of this title (relating to Alternative Dispute Resolution).
(5) If a Subrecipient does not respond to a monitoring letter
or fail to provide acceptable evidence of compliance, the matter will
be handled through the procedures described in Chapter 2 of this title
(relating to Enforcement).
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-202103488
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
SUBCHAPTER B. COMMUNITY SERVICES
BLOCK GRANT
10 TAC 6.201 - 6.214
STATUTORY AUTHORITY. The new chapter is proposed pur-
suant to TEX. GOVT CODE, 2306.053, which authorizes the
Department to adopt rules.
Except as described herein the proposed new chapter affects no
other code, article, or statute.
6.201. Background and Definitions.
(a) In addition to this subchapter, except where noted, the rules
established in Subchapter A of this chapter (relating to General Provi-
sions) and Chapters 1 and 2 (relating to Administration and Enforce-
ment, respectively) of this title apply to the CSBG Program. The CSBG
Act was amended by the "Community Services Block Grant Amend-
ments of 1994" and the Coats Human Services Reauthorization Act of
1998. The Secretary is authorized to establish a community services
block grant program and make grants available through the program
to states to ameliorate the causes of poverty in communities within
the states. Although Eligible Entities receive an allocation of CSBG
funds, the CSBG program is not an entitlement program for eligible
customers.
(b) The Texas Legislature designates the Department as the
lead agency for the administration of the CSBG program pursuant to
Tex. Gov't Code, 2306.092. CSBG funds are made available to Eli-
gible Entities to carry out the purposes of the CSBG program.
(c) Except as otherwise noted herein all references in this sub-
chapter to an Eligible Entity's board means both the governing board of
the Private Nonprofit or the advisory board of the Public Organization.
(d) Definitions.(1) Community Action Plan (CAP)--A plan required by the
CSBG Act which describes the local Eligible Entity service delivery
system, how coordination will be developed to fill identified gaps in
services, how funds will be coordinated with other public and private
resources, and how the local entity will use the funds to support in-
novative community and neighborhood based initiatives related to the
grant.
(2) CSBG Act--The CSBG Act is a law passed by Con-
gress authorizing the Community Services Block Grant. The CSBG
Act was amended by the Community Services Block Grant Amend-
ments of 1994 and the Coats Human Services Reauthorization Act of
1998 under 42 U.S.C. 9901, et seq. The CSBG Act authorized estab-
lishing a community services block grant program to make grants avail-
able through the program to states to ameliorate the causes of poverty
in communities within the states.
(3) Direct Customer Support--includes salaries and fringe
benefits of case management staff as well as direct benefits provided to
customers.
(4) National Performance Indicator (NPI)--A federally de-
fined measure of performance within the Department's Contract System
for measuring performance and results of Subrecipients of funds.
(5) Needs Assessment--An assessment of community
needs in the areas to be served with CSBG funds.
(6) Quality Improvement Plan (QIP)--A plan developed by
a CSBG Eligible Entity to correct Deficiencies identified by the Depart-
ment as further described in 2.203 and 2.204 of this title (Termination
and Reduction of Funding for CSBG Eligible Entities and Contents of
a Quality Improvement Plan, respectively).
(7) Results Oriented Management and Accountability
(ROMA)--ROMA provides a framework for continuous growth and
improvement among Eligible Entities. ROMA implementation is a
federal requirement for receiving federal CSBG funds, outlined in
HHS IM 152.
(8) Strategic Plan--A planning document which takes into
consideration the needs of the targeted community and identifies an
organization's vision and mission; its strengths, weaknesses, opportu-
nities, and threats; external and internal factors impacting the organi-
zation; and utilizes this information to set goals, objectives, strategies,
and measure to meet over an identified period of time.
(9) Transitioned Out of Poverty (TOP)--A Household who
was CSBG eligible and as a result of the delivery of CSBG-supported
case management services attains an annual income in excess of 125%
of the poverty guidelines for 90 calendar days.
(e) Use of certain terminology. In these rules and in the De-
partment's administration of its programs, including the CSBG pro-
gram, certain terminology is used that may not always align completely
with the terminology employed in the CSBG Act. The term "monitor-
ing" is used interchangeably with the CSBG Act term "review" as used
in 42 U.S.C. 9915 of the CSBG Act. Similarly, the terms "findings,"
"concerns," and "violations" are used interchangeably with the term
"deficiencies as used in 42 U.S.C. 9915 of the CSBG Act although, in
a given context, they may be assigned more specific, different, or more
nuanced meanings, as appropriate.
6.202. Purpose and Goals.
The Department passes through CSBG funds to Public Organizations
and Private Nonprofits that are to comply with the purposes of the
CSBG Act.
6.203. Formula for Distribution of CSBG Funds.PROPOSED RULES September 17, 2021 46 TexReg 6039
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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/m1/57/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.