Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007 Page: 3,094
3077-3422 p. ; 28 cm.View a full description of this periodical.
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result of enforcing the repeal will be that the program will reflect
the proposed national standard.
LOCAL EMPLOYMENT IMPACT STATEMENT
In accordance with Government Code, 2001.022, this agency
has determined that the proposed repeal will not impact local
economies and, therefore, did not file a request for a local em-
ployment impact statement with the Texas Workforce Commis-
sion.
TAKINGS ASSESSMENT
The agency has determined that the proposed governmental ac-
tion will not affect private real property. These proposed repeal
is an activity related to the handling of animals, including require-
ments concerning testing, movement, inspection, identification,
reporting of disease, and treatment, in accordance with 4 TAC
59.7, and is, therefore, compliant with the Private Real Prop-
erty Preservation Act in Government Code, Chapter 2007.
REQUEST FOR COMMENT
Comments regarding the proposed repeal may be submitted
to Dolores Holubec, Texas Animal Health Commission, 2105
Kramer Lane, Austin, Texas 78758, by fax at (512) 719-0721 or
by e-mail at "comments@tahc.state.tx.us."
STATUTORY AUTHORITY
The repeal is proposed under the Texas Agriculture Code, Chap-
ter 161, 161.041 (a) and (b), and 161.046 which authorizes the
Commission to promulgate rules in accordance with the Texas
Agriculture Code. Section 161.052 authorizes the Commission
to adopt a joint memorandum of understanding that includes
provisions under which the sheriff of that county or the sheriff's
deputies are to check for health papers and permits.
No other statutes, articles, or codes are affected by the repeal.
59.8. Memorandum of Understanding on Cooperation with the
Travis County Commissioners Court.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 25, 2007.
TRD-200702083
Gene Snelson
General Counsel
Texas Animal Health Commission
Earliest possible date of adoption: July 8, 2007
For further information, please call: (512) 719-0700
TITLE 10. COMMUNITY DEVELOPMENT
PART 1. TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
CHAPTER 60. COMPLIANCE ADMINISTRA-TION
SUBCHAPTER A.
MONITORING
10 TAC 60.17COMPLIANCE
The Texas Department of Housing and Community Affairs pro-
poses amendments to 60.17, concerning Utility Allowances.
The amendments are necessary to meet certain requirements
of the Internal Revenue Service found in the 2007 Form 8823
Audit Guide. The Guide allows rental property owner-tax payers
to calculate utility allowances for rent-restricted units in buildings
based upon an average of the actual use of similarly constructed
and sized units in the building using actual utility usage data and
rates. The Guide requires that state agencies assure that the
methodology is reasonable and computed accurately. The pro-
posed amendments to subsections (c), (d), and (e) set forth a
methodology that the Department considers to be reasonable
and that results in an accurately computed utility allowance.
Michael Gerber, Executive Director, has determined that for the
first five-year period the amendments are in effect there will be
no additional cost to state or local governments as a result of
enforcing or administering the amendments.
Mr. Gerber has also determined that for the first five-year period
the amendments are in effect the public will benefit in that utility
allowance estimates will more accurately track recent payment
history. This is important as utility rates may fluctuate greatly
from year to year. Mr. Gerber has also determined that for the
first five-year period there will be no economic cost to individuals
required to comply with the rule and no adverse economic effect
on small businesses.
Comments on the proposed amendments may be submitted
to Mr. Kevin Hamby, General Counsel, Texas Department of
Housing and Community Affairs, P.O. Box 13941, Austin, TX
78711-3941, or by e-mail to kevin.hamby@tdhca.state.tx.us.
Comments must be received no later than 30 days from the date
that these proposed amendments are published in the Texas
Register.
The amendments are proposed under Tex. Gov't Code
2306.053(b)(4) which permits the Department to adopt and
enforce bylaws and rules and 2306.141 which gives the Board
the duty and power to adopt rules governing the administration
of the housing finance division and its programs.
No other statutes, articles, or codes are affected by the proposed
amendments.
60.17. Utility Allowances.
(a) - (b) (No change.)
(c) Owners that want to switch from using a PHA allowance
to a utility company [written] estimate or vice versa must have written
approval from TDHCA.
(d) If an owner or the Department believes that the published
PHA allowance does not accurately reflect the costs of utilities, the
owner may elect [be required] to calculate or may be required by the
Department to calculate utility allowances for rent restricted units in
the building based upon the methodology in subsection (e) [an average
cost of the actual use of similarly constructed and sized units in the
uilding using actual usage data and rates].
(e) An [If an] owner computing [eomputes] the utility al-
lowance estimate based on the expected or historical use by HTC
buildings/units shall use the following methodology: [, the estimate
must e calculatted in a reasonable -manner and contemporaneously
documented to show how the estimate was determined.]
(1) The owner must obtain prior written consent from the
Department to use this methodology. The request must specify the32 TexReg 3094 June 8, 2007 Texas Register
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Texas. Secretary of State. Texas Register, Volume 32, Number 23, Pages 3077-3422, June 8, 2007, periodical, June 8, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97400/m1/17/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.