Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,819
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as may be necessary or advisable for compliance with all Program Re-
quirements;
(5) With the exception of up to 25 percent of the total funds
available for Administrative costs, the request for funds for Admin-
istrative costs must be proportionate to the amount of Direct Project
Costs requested or already disbursed;
(6) Requests may come in up to ten (10) days in advance
of the first day of the following month;
(7) For final disbursement requests, submission of docu-
mentation required for Project completion reports; and
(8) The final request for disbursement must be submitted
to the Department with support documentation no later than sixty (60)
days after the termination date of the Contract in order to remain in
compliance with Contract and eligible for future funding. The Depart-
ment shall not be obligated to pay for costs incurred or performances
rendered after the termination date of a Contract.
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-201304188
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
SUBCHAPTER G. SINGLE FAMILY
DEVELOPMENT PROGRAM
10 TAC 23.70 - 23.72
The Texas Department of Housing and Community Affairs (the
"Department") proposes amendments to 10 TAC Chapter 23,
Single Family HOME Program, Subchapter G, 23.70 - 23.72,
concerning Single Family Development Program. The purpose
of the proposed amendments is to revise language to conform
the state HOME Rule with the federal HOME Investment Part-
nerships Program (HOME) regulations at 24 CFR Part 92, as
amended on July 24, 2013, and to add clarity to the State HOME
Rule.
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.
23.70. Single Family Development (SFD) Threshold and Selection
Criteria.
All Applicants and Applications must submit or comply with this sec-
tion.
(1) An Application for Community Housing Development
Organization (CHDO) certification.
(2) If the total of the Department's Loan [Department loan]
equals more than 50 percent of the total development cost, except
for developments also financed with U.S. Department of Agriculture
(USDA) funds, the Applicant must provide:
(A) evidence of a line of credit or equivalent tool of
[equal to] at least $80,000 [1 percent of the total development cost]
from a financial institution that will be [is] available for use during the
proposed development activities; or
(B) a letter from a third party Certified Public Accoun-
tant (CPA) verifying the capacity of the owner or developer to provide
at least $80,000 [4- percent of the total development cost] as a short
term loan for development; and
(C) a letter from the developer's or owner's bank(s) con-
firming funds amounting to at least $80,000 is [4- percent of the tota
development c st are] available.
(3) A proposed development plan that is consistent with
the requirements of this chapter, all other federal and state rules, and
includes:
(A) a floor plan and front exterior elevation for each
proposed unit which reflects the exterior building composition;
(B) a FEMA Issued Flood Map that identifies the loca-
tion of the proposed site(s);
(C) letters from local utility providers, on company let-
terhead, confirming each site has access to the following services: wa-
ter and wastewater, sewer, electricity, garbage disposal and natural gas,
if applicable;
(D) documentation of site control of each proposed lot:
A recorded warranty deed with corresponding executed settlement
statement; or a contract or option for the purchase of the proposed lots
that is valid for at least one hundred-twenty (120) days from the date
of application submission; and
(E) an "as vacant" appraisal of at least one of the pro-
posed lots if: The Applicant has an Identity of Interest with the seller or
current owner of the property; or any of the proposed property is part of
a newly developed or under-development subdivision in which at least
three other third-party sales cannot be evidenced. The purchase price
of any lot in which the current owner has an identity of interest mustPROPOSED RULES October 4, 2013 38 TexReg 6819
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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/m1/73/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.