Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,801
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cover the costs of pre-application review by the Department, its bond
counsel and filing fees to the BRB.
(b) Application Fees. At the time of Application the Applicant
is required to submit a tax credit application fee of $30/unit and $10,000
for the bond application fee (for multiple site Applications the appli-
cation fee shall be $10,000 or $30/unit, whichever is greater). Such
fees cover the costs associated with Application review and the De-
partment's expenses in connection with providing financing for a De-
velopment. For Developments proposed to be structured as part of a
portfolio such application fees may be reduced on a case by case basis
at the discretion of the Executive Director.
(c) Closing Fees. The closing fee for Bonds, other than re-
funding Bonds is equal to 50 basis points (0.005) of the issued princi-
pal amount of the Bonds. The Applicant will also be required to pay at
closing of the Bonds the first two years of the administration fee equal
to 20 basis points (0.002) of the issued principal amount of the Bonds
and a Bond compliance fee equal to $25/unit (such compliance fee shall
be applied to the third year following closing).
(d) Application and Issuance Fees for Refunding Applications.
For refunding Applications the application fee will be $10,000 unless
the refunding is not required to have a public hearing, in which case the
fee will be $5,000. The closing fee for refunding Bonds is equal to 25
basis points (0.0025) of the issued principal amount of the refunding
Bonds. If applicable, administration and compliance fees due at closing
may be prorated based on the current billing period of such fees. If
additional volume cap is being requested other fees may be required
as further described in the Bond Refunding Applications Procedures
Manual.
(e) Administration Fee. The annual administration fee is equal
to 10 basis points (0.001) of the outstanding bond amount on its date
of calculation and is paid as long as the Bonds are outstanding.
(f) Bond Compliance Fee. The Bond compliance monitoring
fee is equal to $25/Unit.
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-201304210
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) 475-3974
CHAPTER 23. SINGLE FAMILY HOME
PROGRAM
SUBCHAPTER A. GENERAL GUIDANCE
10 TAC 23.1, 23.2
The Texas Department of Housing and Community Affairs
(the "Department") proposes amendments to 23.1 and 23.2,
concerning General Guidance. The purpose of the proposed
amendments is to revise language to conform the state HOME
Rule with the federal HOME Investment Partnerships Program
(HOME) regulations at 24 CFR Part 92, as amended on July 24,2013, to add clarity to the State HOME Rule, to define Affiliate
and Homeownership, update the definition of Persons with Spe-
cial Needs, and delete the definition of General Requirements
as it is an obsolete reference.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has deter-
mined that, for each year of the first five years the amendments
are in effect, enforcing or administering the amendments does
not have any foreseeable implications related to costs or rev-
enues 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 amendments are in
effect, the public benefit anticipated as a result of the amend-
ments will be improved regulatory guidance to enhance the effi-
ciency and effectiveness of the HOME Program. There will not
be any economic cost to any individuals required to comply with
the amendments.
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. The public comment
period will be held October 4, 2013, to November 4, 2013, to
receive input on the amendments. Written comments may be
submitted to the Texas Department of Housing and Community
Affairs, HOME Division, Jennifer Molinari, Rule Comments,
P.O. Box 13941, Austin, Texas 78711-3941, or by e-mail to
HOME@tdhca.state.tx.us. Enter Rule Comments in the subject
line. ALL COMMENTS MUST BE RECEIVED BY 5:00 P.M.
NOVEMBER 4, 2013.
STATUTORY AUTHORITY. The amendments are proposed pur-
suant to Texas Government Code 2306.053, which authorizes
the Department to adopt rules.
The proposed amendments affect no other code, article, or
statute.
23.1. Purpose.
This chapter governs the administration of HOME Single Family
Activities [contracts and activities]. This chapter clarifies the use
and administration of all Single Family Activities funds provided
to the Texas Department of Housing and Community Affairs (the
"Department") by the U.S. Department of Housing and Urban Devel-
opment (HUD) pursuant to Title II of the Cranston-Gonzalez National
Affordable Housing Act of 1990 as amended (42 U.S.C. 12701 -
12839) and HUD regulations at 24 CFR, Part 92 as amended. Chapter
20 of this title (relating to Single Family Programs Umbrella Rule)
will apply to all Single Family activities, including Single Family
development [involving rental or ownership]. All provisions of this
chapter apply to any Application including Recertification received
on or after the date of adoption of this chapter, unless otherwise noted
herein or required by law. Existing Agreements [Gontracts] executed
within the preceding twelve (12) months from the date of adoption
of this chapter or current pending Applications may be amended
in writing at the request of the [Gentract] Administrator [(-A)] or
Applicant, and with Department approval, so that all provisions of
this chapter apply to the Agreement or Application. [to subject the
entract or Application to all provisions of this chapter.] Amendments
proposing only partial adoption of this chapter are prohibited and no
amendment adopting this chapter shall be granted if, in the discretion
of the Department, any of the provisions of this chapter conflict with
the Notice of Funding Availability (NOFA) under which the existing
Agreement [Gentract] was awarded or Application was submitted.
All Administrators [GAs] with an active Agreement [Gontract] may
become Reservation System Participants (RSPs), at the written requestPROPOSED RULES October 4, 2013 38 TexReg 6801
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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/m1/55/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.