Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,792
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10 TAC 5.430
The Texas Department of Housing and Community Affairs (the
"Department") proposes new 10 TAC Chapter 5, Subchapter D,
5.430, concerning Allowable Subrecipient Administrative and
Program Services Costs. The purpose of the new section is to
clarify allowable uses of CEAP funds and to allow greater flexi-
bility for Subrecipients within program rules. The proposed rule
identifies allowable administrative costs and program services
costs, provides that the calculation will be based upon a per-
centage of direct services costs, and requires that any excess
be paid from non-federal funds.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has deter-
mined that, for each year of the first five years the proposed new
section will be in effect, enforcing or administering the proposed
new section does not have any foreseeable implications related
to new costs or revenues of the state or local governments.
PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined
that, for each year of the first five years the new section will be
in effect, the public benefit anticipated as a result of the new
section will be greater and more efficient use of funds and greater
flexibility for Subrecipients within program rules. There will not
be any new economic cost to any individuals required to comply
with the new section.
ADVERSE IMPACT ON SMALL OR MICRO-BUSINESSES. The
Department has determined that there will be no economic effect
on small or micro-businesses.
REQUEST FOR PUBLIC COMMENT. Written comments on the
proposed new section may be submitted to the Texas Depart-
ment of Housing and Community Affairs, Annette Cornier, Rule
Comments, P.O. Box 13941, Austin, Texas 78711-3941, by email
to cadrulecomments@tdhca.state.tx.us or by fax to (512) 475-
3935. ALL COMMENTS MUST BE RECEIVED BY 5:00 P.M.
OCTOBER 28, 2013.
STATUTORY AUTHORITY. The new section is proposed pur-
suant to Texas Government Code 2306.053, which generally
authorizes the Department to adopt rules, and more specifically
Texas Government Code 2306.092, which authorizes the De-
partment to promulgate rules regarding its community affairs and
community development programs.
The proposed new section affects no other code, article, or
statute.
5.430. Allowable Subrecipient Administrative and Program Ser-
vices Costs.
(a) Allowable administrative costs for administrative activities
includes costs for general administration and coordination of CEAP, in-
cluding contract costs and all indirect (or overhead) cost, and activities
as described in paragraphs (1) - (13) of this subsection:
(1) salaries and benefits of staff performing administrative
and coordination functions;
(2) activities related to eligibility determinations;
(3) preparations of program plans, budgets and schedules;
(4) monitoring of program and projects;
(5) fraud and abuse units;
(6) procurement activities;
(7) public relations;(8) services related to accounting, litigation, audits, man-
agement of property, payroll and personnel;
(9) costs of goods and services required for administration
of the program such as the costs for supplies, equipment, travel,
postage, utilities and rental of office space and maintenance of office
space, provided that such costs are not excluded as direct administra-
tive costs providing program services;
(10) travel costs incurred for official business and not ex-
cluded as a direct administrative cost for providing programs services
(as described in Program Services cost in subsection (d) of this sec-
tion;
(11) preparing reports and other documents;
(12) management information systems not related to track-
ing and monitoring of CEAP requirements; and
(13) cost of administering Assurance 16 activities.
(b) The Department calculates funds available for Subrecipi-
ent administrative activities as a percentage of Direct Services expen-
ditures.
(c) Any cost in excess of the maximum allowable by the CEAP
contract must be paid from non-federal funds.
(d) Program services costs may include providing program in-
formation to clients, screening and assessments, salaries and benefits
for staff providing program services and the direct administrative costs
associated with providing the services, such as the costs for supplies,
equipment, travel, postage, utilities, rental of office space and mainte-
nance of office space. Other program services costs may include out-
reach activities and expenditures on the information technology and
computerization needed for tracking or monitoring required by CEAP.
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 September 23,
2013.
TRD-201304187
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: November 3, 2013
For further information, please call: (512) 475-3974SUBCHAPTER L.
MONITORINGCOMPLIANCE
10 TAC 5.2101
The Texas Department of Housing and Community Affairs (the
"Department") proposes new 10 TAC Chapter 5, Subchapter L,
5.2101, concerning the purpose and overview of Compliance
Monitoring. The purpose of the proposed new section is to set
forth a procedure for monitoring the Department's Community
Affairs programs. This section establishes the scope and nature
of monitoring the Compliance Division will conduct for Subrecip-
ients of community affairs programs.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has deter-
mined that, for each year of the first five years the new section
is in effect, enforcing or administering the new section does not38 TexReg 6792 October 4, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/46/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.