PART 1. TEXAS DEPARTMENT OF AGRICULTURE
CHAPTER 30. COMMUNITY DEVELOPMENT
The Texas Department of Agriculture (Department) adopts the repeal of Title 4, Part 1, Chapter 30, Subchapter A in its entirety. Specifically, the Department adopts the repeal of Subchapter A, Texas Community Development Block Grant Program, Division 1, §§30.1 - 30.8, relating to General Provisions; Division 2, §§30.20 - 30.31, relating to Application Information; Division 3, §§30.50 - 30.60 and 30.62 - 30.67, relating to Administration of Program Funds; Division 4, §§30.80 - 30.84, relating to Awards and Contract Administration; and Division 5, §§30.100, 30.102, and 30.103, relating to Reallocation of Program Funds. In conjunction with this adopted repeal, the Department adopts new subchapter A, relating to the Texas Community Development Block Grant Program, consisting of §§30.1 - 30.13. The repeal of existing Subchapter A is adopted and new Subchapter A is adopted without changes to the proposed text as published in the June 24, 2022 issue of the Texas Register (47 TexReg 3601) and will not be republished.
The Department determined that due to the extensive changes to program rules, repeal of the entire subchapter and replacement with new rules was more efficient than proposing numerous amendments to make the required changes. The changes are necessary in order to simplify the rules, focusing on the most generally applicable program requirements and removing details more efficiently addressed in the Application Guides. The repealed rules contained separate requirements for each program category. The new rules focus on program-wide requirements of general applicability. The new rules will allow the Department flexibility to develop program procedures and guidelines in a more timely and efficient manner to ensure compliance with all statutory and applicable regulatory requirements.
New §30.1 describes the Department's authority to implement and administer the Texas Community Development Block Grant Program (TxCDBG) program.
New §30.2 provides definitions for terms and abbreviations applicable to this subchapter.
New §30.3 provides the method of allocation of grant funds.
New §30.4 describes who is eligible to apply for TxCDBG grants.
New §30.5 outlines the application process and provides that the specific application procedures, requirements, and evaluation criteria will be stated in a Request for Applications.
New §30.6 describes application threshold requirements.
New §30.7 explains the citizen participation process.
New §30.8 provides the appeal process for denial or disqualification of applications.
New §30.9 describes project implementation requirements.
New §30.10 sets out the requirement for grant training.
New §30.11 prescribes the conflict of interest standards for grant recipients.
New §30.12 describes the process for requesting amendments to a grant agreement.
New §30.13 concerns the range of sanctions the Department may impose on grant recipients.
The Department did not receive any comments regarding the repeal of existing rules or the proposed new rules.
SUBCHAPTER A. TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
DIVISION 1. GENERAL PROVISIONS
The repeal of Subchapter A, Division 1, §§30.1-30.8 is adopted under Texas Government Code, §487.051, which designates the Department as the agency to administer the federal community development block grant non-entitlement program, and §487.052, which provides authority for the Department to adopt rules as necessary to implement Chapter 487.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 8, 2022.
TRD-202202942
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Effective date: August 28, 2022
Proposal publication date: June 24, 2022
For further information, please call: (512) 936-9360
The repeal of Subchapter A, Division 2, §§30.20 - 30.31 is adopted under Texas Government Code §487.051, which designates the Department as the agency to administer the federal community development block grant non-entitlement program, and §487.052, which provides authority for the Department to adopt rules as necessary to implement Chapter 487.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 8, 2022.
TRD-202202943
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Effective date: August 28, 2022
Proposal publication date: June 24, 2022
For further information, please call: (512) 936-9360
4 TAC §§30.50 - 30.60, 30.62 - 30.67
The repeal of Subchapter A, Division 3, §§30.50-30.60 and 30.62-30.67 is adopted under Texas Government Code §487.051, which provides the Department authority to administer the state's community development block grant non-entitlement program, and §487.052, which provides authority for the Department to adopt rules as necessary to implement Chapter 487.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 8, 2022.
TRD-202202944
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Effective date: August 28, 2022
Proposal publication date: June 24, 2022
For further information, please call: (512) 936-9360
The repeal of Subchapter A, Division 4, §§30.80 - 30.84 is adopted under Texas Government Code §487.051, which provides the Department authority to administer the state's community development block grant non-entitlement program, and §487.052, which provides authority for the Department to adopt rules as necessary to implement Chapter 487.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 8, 2022.
TRD-202202945
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Effective date: August 28, 2022
Proposal publication date: June 24, 2022
For further information, please call: (512) 936-9360
4 TAC §§30.100, 30.102, 30.103
The repeal of Subchapter A, Division 5, §§30.100, 30.102, and 30.103 is adopted under Texas Government Code §487.051, which provides the Department authority to administer the state's community development block grant non-entitlement program, and §487.052, which provides authority for the Department to adopt rules as necessary to implement Chapter 487.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 8, 2022.
TRD-202202946
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Effective date: August 28, 2022
Proposal publication date: June 24, 2022
For further information, please call: (512) 936-9360
The new rules are adopted pursuant to Texas Government Code §487.051, which provides the Department authority to administer the state's community development block grant non-entitlement program, and §487.052, which provides authority for the Department to adopt rules as necessary to implement Chapter 487.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 8, 2022.
TRD-202202947
Skyler Shafer
Assistant General Counsel
Texas Department of Agriculture
Effective date: August 28, 2022
Proposal publication date: June 24, 2022
For further information, please call: (512) 936-9360