Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,080
5985-6306 p. ; 28 cm.View a full description of this periodical.
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(a) General Submission Requirements. The pre-application
process allows Applicants interested in pursuing an Application to as-
sess potential competition across the 13 state service regions, subre-
gions and set-asides. Based on an understanding of the potential com-
petition they can make a more informed decision about whether they
wish to proceed to prepare and submit an Application. A complete
pre-application is a pre-application that meets all of the Department's
criteria, as outlined in subsections (a) and (b) of this section.
(1) The pre-application must be submitted using the URL
provided by the Department, as outlined in the Multifamily Programs
Procedures Manual, along with the required pre-application fee as de-
scribed in 11.901 of this chapter (relating to Fee Schedule), not later
than the pre-application Final Delivery Date as identified in #11.2(a) of
this chapter (relating to Competitive HTC Deadlines Program Calen-
dar). If the pre-application and corresponding fee is not submitted on
or before this deadline the Applicant will be deemed to have not made
a pre-application.
(2) Only one pre-application may be submitted by an Ap-
plicant for each Development Site and for each Site Control document.
(3) Department review at this stage is limited, and not all
issues of eligibility and threshold are reviewed or addressed at pre-ap-
plication. Acceptance by staff of a pre-application does not ensure that
an Applicant satisfies all Application eligibility, threshold or documen-
tation requirements. While the pre-application is more limited in scope
than the Application, pre-applications are subject to the same limita-
tions, restrictions, or causes for disqualification or termination as Ap-
plications, and pre- applications will thus be subject to the same con-
sequences for violation, including but not limited to loss of points and
termination of the pre-application.
(4) The pre-application becomes part of the full Applica-
tion if the full Application claims pre- application points.
(5) Regardless of whether a Full Application is submitted,
a pre-application may not be withdrawn after the Full Application De-
livery Date described in 10 TAC 11.2(a) relating to Competitive HTC
Deadlines Program Calendar.
(b) Pre-Application Threshold Criteria. Pursuant to Tex.
Gov't Code 2306.6704(c) pre-applications will be terminated unless
they meet the threshold criteria described in subsection (a) of this
section and paragraphs (1) and (2) of this subsection:
(1) Submission of the Competitive HTC pre-application in
the form prescribed by the Department which identifies at a minimum:
(A) Site Control meeting the requirements of
11.204(10) of this title (relating to Required Documentation for
Application Submission). For purposes of meeting this specific
requirement related to pre-application threshold criteria, proof of
consideration and any documentation required for identity of interest
transactions is not required at the time of pre-application submission
but will be required at the time of full application submission;
(B) Funding request;
(C) Target Population;
(D) Requested set-asides (At-Risk, USDA, Nonprofit,
or Rural;
(E) Total Number of Units proposed;
(F) Census tract number in which the Development Site
is located, and a map of that census tract with an outline of the proposed
Development Site;(G) Expected score for each of the scoring items iden-
tified in the pre-application materials;
(H) Proposed name of ownership entity; and
(I) Disclosure of the following Neighborhood Risk Fac-
tors under 11.101(a)(3):
(i) The Development Site is located in a census tract
(or for any adjacent census tract with a boundary less than 500 feet from
the proposed Development Site that is not separated from the Develop-
ment Site by a natural barrier such as a river or lake, or an intervening
restricted area, such as a military installation) in an Urban Area and the
rate of Part I violent crime is greater than 18 per 1,000 persons (annu-
ally) as reported on neighborhoodscout.com; and
(ii) The Development Site is located within the at-
tendance zone of an elementary school, a middle school or a high
school that has a TEA Accountability Rating of D for the most recent
year available prior to Application and an Improvement Required Rat-
ing for the most recent available year preceding or a TEA Accountabil-
ity Rating of F for the most recent year available prior to Application
and a Met Standard Rating by the Texas Education Agency for the most
recent available year preceding.
(2) Evidence in the form of a certification provided in the
pre-application, that all of the notifications required under this para-
graph have been made. ( 2306.6704).
(A) The Applicant must list in the pre-application all
Neighborhood Organizations on record with the county or state 30 days
prior to the beginning of the Application Acceptance Period whose
boundaries include the entire proposed Development.
(B) Notification Recipients. No later than the date the
pre-application is submitted, notification must be sent to all of the enti-
ties prescribed in clauses (i) - (viii) of this subparagraph. Developments
located in an ETJ of a municipality are required to notify both munic-
ipal and county officials. The notifications may be sent by e-mail, fax
or mail with registered return receipt or similar tracking mechanism in
the format included in the Public Notification Template provided in the
Uniform Multifamily Application Template or in an alternative format
that meets the applicable requirements and achieves the intended pur-
pose. The Applicant is required to retain proof of delivery in the event
the Department requests proof of notification. Acceptable evidence of
such delivery is demonstrated by signed receipt for mail or courier de-
livery and confirmation of delivery for fax and e-mail. Regardless of
the method of delivery, the Applicant must provide an accurate mailing
address in the Pre-application. Officials to be notified are those officials
in office at the time the pre-application is submitted. Between the time
of pre-application (if made) and full Application, the boundaries of an
official's jurisdictions may change. If there is a change in jurisdiction
between pre-application and the Full Application Delivery Date, addi-
tional notifications must be made at full Application to any entity that
has not been previously notified by the Applicant. Meetings and dis-
cussions do not constitute notification. Only a timely and compliant
written notification to the correct entity constitutes notification.
(i) Neighborhood Organizations on record with the
state or county 30 days prior to the beginning of the Application Ac-
ceptance Period whose boundaries include the entire proposed Devel-
opment Site;
(ii) Superintendent of the school district in which the
Development Site is located;
(iii) Presiding officer of the board of trustees of the
school district in which the Development Site is located;46 TexReg 6080 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/m1/98/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.