Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,410
8313-8478 p. ; 28 cm.View a full description of this periodical.
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as published in the October 4, 2013, issue of the Texas Register
(38 TexReg 6792). The rule text will not be republished.
REASONED JUSTIFICATION. The Department finds that allow-
able uses of Comprehensive Assistance Program funds for ad-
ministrative and program costs lack clarity in this subchapter.
Accordingly, the new section identifies allowable administrative
costs and program services costs, provides that the calculation
will be based upon a percentage of direct services costs, and
requires that any excess be paid from non-federal funds.
PUBLIC COMMENT. The Department accepted public com-
ments between October 4, 2013, and October 28, 2013.
Comments regarding the new section were accepted in writing
and by fax. No comments were received concerning the new
section.
The Board approved the final order adopting the new section on
November 7, 2013.
STATUTORY AUTHORITY. The new section is adopted pur-
suant to the authority of Texas Government Code, 2306.053,
which authorizes the Department 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-201305144
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Effective date: November 28, 2013
Proposal publication date: October 4, 2013
For further information, please call: (512) 475-3959
CHAPTER 10. UNIFORM MULTIFAMILY
RULES
SUBCHAPTER F. COMPLIANCE
MONITORING
10 TAC 10.601 - 10.625
The Texas Department of Housing and Community Affairs (the
"Department") adopts the repeal of 10 TAC Chapter 10, Sub-
chapter F, 10.601 - 10.625, concerning Compliance Monitor-
ing, without changes to the proposal as published in the Septem-
ber 27, 2013, issue of the Texas Register (38 TexReg 6417) and
will not be republished.
REASONED JUSTIFICATION. The sections are adopted for re-
peal to allow the adoption of new rules which will reorganize and
clarify existing requirements. The adoption of a new Chapter 10,
Subchapter F, 10.601 - 10.626, concerning Compliance Mon-
itoring, 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-201305149
Timothy 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 10.601 - 10.626
The Texas Department of Housing and Community Affairs (the
"Department") adopts new 10 TAC Chapter 10, Subchapter F,
10.601 - 10.626, concerning Compliance Monitoring. Section
10.614 is adopted with changes to the proposed text as pub-
lished in the September 27, 2013, issue of the Texas Register
(38 TexReg 6417). Sections 10.601 - 10.613 and 10.615 -
10.626 are adopted without changes to the proposed text and
will not be republished.
REASONED JUSTIFICATION. The purpose of this new sub-
chapter is to provide guidance on complying with multifamily
Department programs. The new sections set forth procedures
for monitoring for compliance with the Department's rental hous-
ing programs, set deadlines for annual reporting and corrective
action due dates, codify recordkeeping requirements, set forth
required and prohibited tenant selection criteria and lease lan-
guage, codify requirements for establishing a compliant utility
allowance, and set forth affirmative marketing requirements and
social service requirements.
PUBLIC COMMENT AND STAFF RECOMMENDATIONS.
Comments were accepted from September 28, 2013 through
October 28, 2013, with comments received from five (5) com-
menters.
1. 10.612(a)(4)
COMMENT SUMMARY: Commenter (4) suggested the following
language for 10.612(a)(4):
"(4) The Department's Fair Housing Disclosure Notice form. This
notice must be presented to the household at the time of ap-
plication for occupancy and must be executed no more than
one-hundred twenty (120) days prior to the effective date of the
lease. This requirement pertains to all households taking initial
occupancy of a low-income unit on a Development administered
by the Department including households transferring within the
same Development. If the household is not provided this no-
tice prior to move in or transfer, the Department will consider the
event corrected if the Fair Housing Disclosure Notice is provided
to the household no more than one-hundred twenty (120) days
prior to the date that the household is legally obligated to pro-38 TexReg 8410 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/m1/98/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.