Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,406
8313-8478 p. ; 28 cm.View a full description of this periodical.
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The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on November 6,
2013.
TRD-201305117
Natalia Luna Ashley
Special Counsel
Texas Ethics Commission
Effective date: January 1, 2015
Proposal publication date: August 30, 2013
For further information, please call: (512) 463-5800
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 1. ADMINISTRATION
SUBCHAPTER A. GENERAL POLICIES AND
PROCEDURES
10 TAC 1.5
The Texas Department of Housing and Community Affairs (the
"Department") adopts the repeal of 10 TAC Chapter 1, Subchap-
ter A, 1.5, concerning Previous Participation Reviews, without
changes to the proposal as published in the September 27, 2013,
issue of the Texas Register (38 TexReg 6355) and will not be re-
published.
REASONED JUSTIFICATION. The repeal is adopted to allow for
the adoption of a new section that improves the Department's
process for reviewing an applicant's previous participation and
to incorporate legislative changes to Texas Government Code
2306.6719. The adoption of new 10 TAC 1.5 is published
concurrently with the adopted repeal in this issue of the Texas
Register.
PUBLIC COMMENT. The Department accepted public com-
ments between September 28, 2013, and October 28, 2013.
Comments regarding the repeal were accepted in writing and
by fax. No comments were received concerning the repeal.
The Board approved the final order adopting the repeal on
November 7, 2013.
STATUTORY AUTHORITY. The repeal is adopted pursuant to
Texas Government Code, 2306.053, which authorizes the De-
partment to adopt rules.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on November 8,
2013.
TRD-201305147Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Effective date: November 28, 2013
Proposal publication date: September 27, 2013
For further information, please call: (512) 475-3959
10 TAC 1.5
The Texas Department of Housing and Community Affairs (the
"Department") adopts new 10 TAC Chapter 1, Subchapter A,
1.5, concerning Previous Participation Reviews, with changes
to the proposed text as published in the September 27, 2013,
issue of the Texas Register (38 TexReg 6356).
REASONED JUSTIFICATION. The purpose of this new section
is to provide a procedure the Department will use to evaluate an
applicant's compliance history. In addition, the purpose of the
new section is improve the Department's process for reviewing
an applicant's previous participation and incorporate legislative
changes to Texas Government Code, 2306.6719.
SUMMARY OF PUBLIC COMMENT AND STAFF RECOMMEN-
DATIONS.
Comments were accepted from September 28, 2013, through
October 28, 2013, with comments received from three (3) com-
menters.
1. 1.5(a)
COMMENT SUMMARY: Commenter (3) suggested clarification
of the word affiliate. In addition, commenter (3) suggested that
this section should reference ownership transfers.
STAFF RESPONSE: Staff agrees that clarification will improve
the rule and adopted the following language:
"(a) The governing board (Board) of the Texas Department of
Housing and Community Affairs (the "Department") designates
the Executive Award and Review Advisory Committee (EARAC),
established pursuant to Texas Government Code, 2306.1112,
to receive reports regarding the compliance history of an appli-
cant seeking approval to own an existing affordable housing De-
velopment assisted by the Department and applicants seeking
financial assistance or awards from the Department and any af-
filiate as defined by 10.3 of this title (relating to Definitions) of
any such applicant and provide to the Board the assessment
contemplated in Texas Government Code, 2306.057, in order
that this Board may consider the compliance history and make
and document its award decisions with full knowledge of these
matters."
2. 1.5(c)
COMMENT SUMMARY: Commenter (3) suggested the following
language:
"(c) ... EARAC shall receive the applicant's previous participation
disclosure and the following reports regarding the applicant ..."
STAFF RESPONSE: Although it is not expected that Executive
Award and Review Advisory Committee will find this information
relevant, staff has no objection to including the applicant's pre-
vious participation disclosure. The language is included in the
rule.
3. 1.5(c)(2).38 TexReg 8406 November 22, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/94/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.