reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.406 - Fidelity Bond Requirements

Current through Reg. 49, No. 28; July 12, 2024
The Department is required to assure that fiscal control
					 and accounting procedures for federally funded entities will be established to
					 assure the proper disbursal and accounting for the federal funds paid to the
					 state. In compliance with that assurance the Department requires program
					 Subrecipients to maintain adequate fidelity bond coverage. A fidelity bond is a
					 bond indemnifying the Subrecipient against losses resulting from the fraud or
					 lack of integrity, honesty or fidelity of one or more of its employees,
					 officers, or other persons holding a position of trust.
(1) In administering Contracts, Subrecipients
				  shall observe their regular requirements and practices with respect to bonding
				  and insurance. In addition, the Department may impose bonding and insurance
				  requirements by Contract.
(2) If a
				  Subrecipient is a non-governmental organization, the Department requires an
				  adequate fidelity bond. If the amount of the fidelity bond is not prescribed in
				  the contract, the fidelity bond must be for a minimum of $10,000 or an amount
				  equal to the contract if less than $10,000. The bond must be obtained from a
				  company holding a certificate of authority to issue such bonds in the State of
				  Texas.
(3) The fidelity bond
				  coverage must include all persons authorized to sign or counter-sign checks or
				  to disburse sizable amounts of cash. Persons who handle only petty cash
				  (amounts of less than $250) need not be bonded, nor is it necessary to bond
				  officials who are authorized to sign payment vouchers, but are not authorized
				  to sign or counter-sign checks or to disburse cash.
(4) The Subrecipient must receive an
				  assurance letter from the bonding company or agency stating the type of bond,
				  the amount and period of coverage, the positions covered, and the annual cost
				  of the bond. Compliance must be continuously maintained thereafter. A copy of
				  the actual policy shall remain on file with the Subrecipient and shall be
				  subject to monitoring by the Department.
(5) Subrecipients are responsible for filing
				  claims against the fidelity bond when a covered loss is discovered.
(6) The Department may take any one or more
				  of the actions described in Chapter 2, of this Part, titled "Enforcement" in
				  association with issues identified as part of filing claims against the
				  fidelity bond.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.407 - Inventory Report

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  requires the submission of an inventory report for all Contracts to be
				  submitted to the Department, no later than 45 days after the end of the
				  Contract Term, or a more frequent period as reflected in the Contract. Real
				  Property and Equipment must be inventoried and reported on the Department's
				  required form. The form and instructions are found on the Department's
				  website.
(b) Real property and
				  Equipment purchased with funds under a Contract with the Department must be
				  inventoried and reported to the Department during the Contract Term.
(c) Aggregate Supplies of over $5,000 must be
				  reported to the Department at the end of the Contract Term using federal form
				  SF-428, which is a standard form to collect information related to tangible
				  personal property or other form required by the federal fund source.
(d) For certain public facility activities
				  funded by the Community Development Block Grant, inventory requirements will be
				  those required by HUD for real property, as further identified in the
				  Contract.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.408 - Travel

Current through Reg. 49, No. 28; July 12, 2024
The governing body of each Subrecipient must adopt travel
					 policies that adhere to 2 CFR Part 200, for cost allowability. The Subrecipient
					 must follow either the federal travel regulations or State of Texas travel
					 rules and regulations found on the Comptroller of Public Accounts website at
www.cpa.state.tx.us
, as
					 applicable.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.409 - Records Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) For this
				  section, the word Subrecipient also includes Multifamily Development Owners who
				  have Direct Loan Funds or grants, or 811 PRA assistance. The Department
				  requires Subrecipient organizations, and any entities who perform services and
				  assistance on their behalf, to document client services and assistance.
				  Subrecipient organizations must arrange for the security of all program-related
				  computer files through a remote, online, or managed backup service.
				  Confidential client files must be maintained in a manner to protect the privacy
				  of each client and to maintain the same for future reference. Subrecipient
				  organizations must store physical client files in a secure space in a manner
				  that ensures confidentiality and in accordance with Subrecipient organization
				  policies and procedures. To the extent that it is financially feasible,
				  archived client files should be stored offsite from Subrecipient headquarters,
				  in a secure space in a manner that ensures confidentiality and in accordance
				  with organization policies and procedures.
(b) Records of client eligibility must be
				  retained for five years starting from the date the household activity is
				  completed, unless otherwise provided in federal regulations governing the
				  program.
(c) Other records must be
				  maintained as described in the Contract or the LURA, and in accordance with
				  federal or state law for the programs described in the Chapters of this
				  Part.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.410 - Determination of Alien Status for Program Beneficiaries

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to provide uniform Department guidance on Section 401(a) of the Personal
				  Responsibility and Work Opportunity Reconciliation Act of 1986 (PRWORA), which
				  provides that an alien who is not a Qualified Alien is not eligible for any
				  federal or state public benefit.
(b) Definitions. The words and terms in this
				  chapter shall have the meanings described in this subsection unless the context
				  clearly indicates otherwise. Capitalized words used herein have the meaning
				  assigned in the specific Chapters and Rules of this Title that govern the
				  program under which program eligibility is seeking to be determined, or
				  assigned by federal or state law.
(1)
				  Nonprofit Charitable Organization--An entity that is organized and operated for
				  purposes other than making gains or profits for the organization, its members
				  or its shareholders, and is precluded from distributing any gains or profits to
				  its members or shareholders; and is organized and operated for charitable
				  purposes.
(2) Public
				  Organization--An entity that is a Unit of Government or an organization
				  established by a Unit of Government.
(3) Qualified Alien--A person that is not a
				  U.S. Citizen or a U.S. National and is described at
				  8
				  U.S.C. §
												1641(b) or
				  (c).
(4) State--The State of Texas or the
				  Department, as indicated by context.
(5) Subrecipient--An entity that receives
				  federal or state funds passed through the Department.
(6) Systematic Alien Verification for
				  Entitlements (SAVE)--Automated intergovernmental database that allows
				  authorized users to verify the immigration status of program applicants.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 2 - ENFORCEMENT › Subchapter A - GENERAL › Section 2.101 - Policy and Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter sets forth the enforcement mechanisms that the
					 Department may use to bring about compliant administration of Department funded
					 state or federal programs and exclude or remove from Department programs,
					 Persons who have established, through certain noncompliant behavior, that they
					 are either unwilling to act in a compliant manner, or are unable to do so.
					 These enforcement mechanisms are in addition to any available contractual
					 remedies under program agreements.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 2 - ENFORCEMENT › Subchapter A - GENERAL › Section 2.103 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) A Responsible Party must comply with all
				  applicable Legal Requirements.
(b)
				  A failure by the Department to identify, address, or take action with respect
				  to any one or more Events of Noncompliance does not constitute a waiver,
				  ratification, or approval of, consent to, or agreement with such noncompliance.
				  It is the responsibility of a Responsible Party to be familiar with the
				  applicable Legal Requirements.
(c)
				  Recordkeeping. Each referring division will keep records in accordance with the
				  Department's record retention schedule and any other state or Federal
				  requirements of all Events of Noncompliance.
(d) As provided for in Texas Government Code,
				  §
										2306.6719, parties
				  subject to certain compliance requirements must be afforded written notice and
				  a reasonable period to correct identified Events of Noncompliance that are
				  susceptible to being corrected. It is the responsibility of each division to
				  provide any required cure, Corrective Action, or notice period(s) prior to
				  referral of any matter to the Committee under this chapter. Matters should not
				  be referred to the Committee until such cure, Corrective Action, or notice
				  periods have been completed or expired.
(e) For each Event of Noncompliance, the
				  Department will evaluate which Person or Persons had Control of the
				  Development, Program, or activity at the time the Event of Noncompliance
				  occurred. A Person will not be referred for Debarment or assessed a
				  Administrative Penalty because they have newly acquired a Development that has
				  existing Events of Noncompliance, provided that the findings are resolved by
				  transferee within a reasonable timeframe after purchase, in accordance with a
				  plan that is approved by the Department in an ownership transfer request under
				  §
										10.406 of this title (relating to
				  Ownership Transfers (§2306.6713)). Sale or foreclosure of a property does
				  not preclude Debarment consideration against the Person or Persons who had
				  Control of the Development, Program, or activity at the time an Event of
				  Noncompliance occurred.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 2 - ENFORCEMENT › Subchapter A - GENERAL › Section 2.104 - Enforcement Mechanisms

Current through Reg. 49, No. 28; July 12, 2024
(a) The enforcement
				  mechanisms referenced in this chapter are not the exclusive mechanisms whereby
				  compliance may be obtained in any particular circumstance. Enforcement
				  mechanisms related to Department programs may include, where applicable, those
				  required or employed by other entities or agencies. With regard to the
				  low-income housing tax credit program, if an identified Event of Noncompliance
				  is required to be reported to the Internal Revenue Service, (IRS) it will be
				  reported by the Compliance Division on form 8823. For federally funded Programs
				  or activities, the Department may recommend that a federal funding agency
				  initiate a debarment proceeding under 2 CFR Part 180 or
				  2 CFR
				  2424, as applicable. Program Agreements may
				  also include additional enforcement mechanisms, federal reporting, or
				  penalties.
(b) Enforcement
				  mechanisms available to the Department include but are not limited to:
(1) Enforcement of contractual provisions in
				  the Program Agreements including, but not limited to, options to place a
				  Development into receivership, and rights of suspension or termination, and
				  placement on a cost reimbursement status as described in Subchapter B of this
				  chapter (relating to Enforcement for Noncompliance with Program Requirements of
				  Chapters 6 and 7);
(2)
				  Consideration of a reasonable plan for correction, warning letter, informal
				  conference, and assessment of administrative penalties, as further described in
				  Subchapter C of this chapter (relating to Administrative Penalties);
				  or
(3) Debarment, as described in
				  Subchapter D of this chapter (relating to Debarment from Participation in
				  Programs Administered by the Department).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 2 - ENFORCEMENT › Subchapter B - ENFORCEMENT FOR NONCOMPLIANCE WITH PROGRAM REQUIREMENTS OF CHAPTERS 6 AND 7 › Section 2.201 - Cost Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Department may place on Cost Reimbursement any contract, other than
				  non-Discretionary CSBG. Cost reimbursement requires Subrecipients to submit
				  supporting documentation and back up for Expenditures or Obligations prior to
				  the Department releasing funds. The Department staff shall establish
				  appropriate review protocols for each party placed on cost reimbursement
				  status, indicating whether all expenses will be reviewed or a sample, and the
				  nature of any additional documentation that will be required in connection
				  therewith. Approving the release of funds in a cost review situation does not
				  constitute final approval of the expenditure. Funds so advanced remain subject
				  to future reviews, monitorings, and audits and in no way serve to constrain or
				  limit them.
(b) In addition to the
				  reporting requirements outlined in §
										RSA
				  6.7 of this Title (relating to Subrecipient
				  Reporting Requirements) an entity on Cost Reimbursement must submit, at a
				  minimum, their expanded general ledger, chart of accounts, cost allocation
				  plan, and bank reconciliations for the previous three months. Upon review of
				  those items the Department will request submission of back up for some or all
				  of the reported Expenditures.
(c)
				  The budget caps for each budget category will be enforced each month the entity
				  is on Cost Reimbursement.
(d) An
				  entity will be removed from Cost Reimbursement when the Department determines
				  that identified risks or concerns have been sufficiently mitigated.
(e) An entity on Cost Reimbursement remains
				  subject to monitoring.
(f) The
				  Department reserves the right to outsource some or all of its work associated
				  with the Cost Reimbursement process to a third party.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 2 - ENFORCEMENT › Subchapter B - ENFORCEMENT FOR NONCOMPLIANCE WITH PROGRAM REQUIREMENTS OF CHAPTERS 6 AND 7 › Section 2.204 - Contents of a Quality Improvement Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Capitalized words used herein have the
				  meaning assigned in, Chapter 1 of this title (relating to Administration),
				  Chapter 2 of this title (relating to Enforcement), Chapter 6 of this title
				  (relating to Community Affairs Programs), or assigned by federal or state
				  law.
(b) If a QIP is required of an
				  Eligible Entity under §
										RSA
				  2.203(f) of this
				  chapter (relating to Termination and Reduction of Funding for CSBG Eligible
				  Entities), it must comply with this section. While each QIP developed by an
				  Eligible Entity is unique and must be responsive to the specific Deficiency
				  identified, all of the items in this section, at a minimum, must be
				  addressed.
(c) The QIP must set
				  forth a timeline for resolution of each Deficiency. In general, issues should
				  be fully resolved within 60 calendar days from the final determination letter
				  issued to the Eligible Entity as referenced in §
										RSA
				  2.203(e) of this
				  chapter.
(d) At minimum, the QIP
				  must identify:
(1) Specific actions that will
				  be taken to address each Deficiency;
(2) The date by when each Deficiency will be
				  corrected; and
(3) If applicable,
				  an explanation for any Deficiency that cannot be corrected within 60 calendar
				  days.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 2 - ENFORCEMENT › Subchapter C - ADMINISTRATIVE PENALTIES › Section 2.301 - General

Current through Reg. 49, No. 28; July 12, 2024
Department divisions will recommend to the Committee the
					 initiation of proceedings to assess administrative penalties where the
					 Responsible Party or Parties have violated Chapters
					 2105 or
					 2306 of the Texas
					 Government Code or a rule or order adopted under Chapters
					 2105 or
					 2306 of the Texas
					 Government Code and failed, despite written notice, to take appropriate and
					 timely corrective action or seek and obtain for good cause an extension of the
					 time to take corrective action. In addition, staff from any Department
					 Divisions may recommend to the Committee the initiation of proceedings to
					 assess administrative penalties where the Responsible Party or Parties has an
					 established pattern of repeated substantive and material violations, even if
					 corrected within the applicable corrective action periods. All correspondence
					 shall be delivered electronically.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 5 - SECTION 8 HOUSING CHOICE VOUCHER PROGRAM › Section 5.801 - Project Access Initiative

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. The Project Access Program (PA Program) is a program that utilizes
				federal Section 8 Housing Choice Vouchers, Non Elderly Disabled Vouchers, and
				Mainstream Vouchers administered by the Texas Department of Housing and
				Community Affairs (the Department) to assist low-income persons with
				disabilities in transitioning from institutions into the community by providing
				access to affordable housing. This rule provides the parameters and eligibility
				standards for this program.
(b)
				Definitions.
(1) At-Risk Applicant--A
				household that has applied to the Department's Section 8 Project Access
				program, and exited an Institution prior to issuance of a Department Section 8
				Housing Choice Voucher using an alternate short term rental assistance solution
				and is at risk of that short term rental assistance ending.
(2) HHSC--Texas Health and Human Services
				Commission.
(3) HUD--The U.S.
				Department of Housing and Urban Development.
(4) Institution--Congregate settings
				populated exclusively or primarily with individuals with disabilities;
				congregate settings characterized by regimentation in daily activities, lack of
				privacy or autonomy, policies limiting visitors, or limits on individuals'
				ability to engage freely in community activities and to manage their own
				activities of daily living; or settings that provide for daytime activities
				primarily with other individuals with disabilities. This definition includes
				but is not limited to a nursing facility, state psychiatric hospital,
				intermediate care facility, or board and care facility as defined by HUD. The
				definition for Institution is further limited for vouchers funded with NED as
				further provided for in subsection (e)(2)(C) of this section. This definition
				does not include a prison, jail, halfway house, or other setting that persons
				reside in as part of a criminal proceeding.
(5) Mainstream Vouchers (MVP)--HUD's
				Mainstream Voucher Program.
(6)
				Non-Elderly Disabled (NED)--HUD's Non-Elderly Disabled Program.
(7) Section 8--HUD's Section 8 Housing Choice
				Voucher Program administered by the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 5 - SECTION 8 HOUSING CHOICE VOUCHER PROGRAM › Section 5.802 - Waiting List

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				U.S. Department of Housing and Urban Development (HUD) requires that the Texas
				Department of Housing and Community Affairs (the Department), in its role as a
				public housing authority (PHA) administering a Housing Choice Voucher (HCV)
				program, adopt a clear approach to accepting applications, placing households
				on the waiting list, and selecting households from the waiting list. This rule
				provides the Department's policies for taking applications, managing the
				waiting list and selecting households for HCV assistance specifically for its
				34-county jurisdictional area.
(b)
				Applicability.
(1) This rule is applicable
				only to the specific geographically limited jurisdiction of the Department.
				This jurisdictional area is comprised of discrete areas within counties
				(currently 34), but may be expanded or reduced upon action of the Board. The
				jurisdictional area reflected on the Department's website will serve as the
				jurisdictional area for the purpose of this rule.
(2) This rule does not apply to the waiting
				list for statewide Project Access vouchers which is addressed in §
										RSA
				5.801 of this chapter (relating to Project
				Access Initiative). The rule does not address the specific waiting list process
				for project-based vouchers administered by the Department or for VASH vouchers
				administered by the Department. Should any special purpose vouchers be received
				by the Department that serve specific populations or geographic areas other
				than the geographically limited jurisdiction of the Department referenced in
				paragraph (1) of this subsection, these waiting lists policies are not required
				to be utilized. Additionally, certain households might be accepted into the HCV
				program if required by
				24
				CFR §
											982.203, or at the direction of
				HUD, as directed by a court of law, or as part of a TDHCA conciliation
				agreement.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.1 - Purpose and Goals

Current through Reg. 49, No. 28; July 12, 2024
(a) The rules
				  established herein are for CSBG, LIHEAP, and DOE-WAP. This Subchapter does not
				  apply to LIHWAP, except as specifically incorporated through this rule and the
				  Contract. Additional program specific requirements are contained within each
				  program Subchapter and Chapters 1 and 2 of this title (relating to
				  Administration and Enforcement, respectively).
(b) Programs administered by the Community
				  Affairs (CA) Division of the Texas Department of Housing and Community Affairs
				  (the Department) support the Department's statutorily assigned
				  mission.
(c) The Department
				  accomplishes its mission chiefly by acting as a conduit for federal grant funds
				  and other assistance for housing and community affairs programs. Ensuring
				  program compliance with the state and federal laws that govern the CA programs
				  is another important part of the Department's mission. Oversight and program
				  mandates ensure state and federal resources are expended in an efficient and
				  effective manner.
(d) In instances
				  of a disaster, the Department may pursue waivers or explore flexibilities as
				  addressed in HHS Information Memorandum (IM) 154 (and any other subsequent
				  guidance or similar guidance for LIHEAP, LIHWAP, or DOE WAP) through HHS or DOE
				  within the CA programs in order to serve low income Texans. Non-annual federal
				  allocations to any of these programs made to address disaster response
				  (including but not limited to pandemic response) are also subject to these
				  rules unless federal or state law require different terms and conditions or
				  provisions of these rules are waived following the procedures in this title and
				  reflected in the Contract.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.4 - Income Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility
				  for program assistance is determined under the Federal Poverty Income
				  Guidelines and calculated as described herein (in some Programs certain forms
				  of income may qualify the Household as Categorically Eligible for assistance;
				  however, Categorical Eligibility does not determine the level of benefit, which
				  is determined through the Income Determination process).
(b) Income means cash receipts earned and/or
				  received by all Household members 18 years of age and older before taxes during
				  applicable tax year(s), but not the excluded income listed in subsection (d) of
				  this section. Income is to be based on the Gross Annual Income.
(c) Exceptions to the use of Gross Annual
				  Income are forms of income:
(1) From non-farm
				  or farm self-employment net receipts must be used (i.e., receipts from a
				  person's own business or from an owned or rented farm after deductions for
				  business or farm expenses); and
(2)
				  From gambling or lottery winnings net income must be used.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.5 - Application Intake and Frequency of Determining Customer Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Subrecipient shall:
(1) Accept applications at sites that are
				  geographically accessible to all Households in their Service Area;
				  and
(2) Provide a Household who has
				  insufficient means to travel to an application intake site, are physically
				  infirm, or are technically unable to submit applications electronically (e.g.,
				  computer illiterate, insufficient equipment, disability that prevents
				  submitting the application) with an alternative means to submit an
				  application.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.8 - Appeals, Denial of Service, and Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Appeals. LIHEAP Subrecipients and CSBG
				  Eligible Entities must adhere to all of Chapter 1, Subchapter D, §
										RSA
				  1.411 of this title (relating to
				  Administration of Block Grants under Chapter 2105 of the Tex. Gov't Code).
				  Entities that receive CSBG Discretionary only, LIHWAP, and DOE WAP must only
				  follow §1.411(e)(1) - (6), relating to Requests for
				  Reconsideration.
(b) Denial of
				  Service. Subrecipient shall establish a written procedure for the handling of
				  denials of service when the denial involves an individual inquiring or applying
				  for services/assistance whom is communicating or behaving in a threatening or
				  abusive manner.
(c) Complaints.
				  Subrecipient shall establish a written procedure to address complaints of
				  customer dissatisfaction. The procedure shall at a minimum include:
(1) An investigation, completed within 10
				  days of complaint receipt, by at least one individual of the Subrecipient not
				  originally associated with the complaint; and
(2) If the customer is not satisfied with the
				  investigation, a process wherein the Executive Director makes a final decision
				  on whether to concur or disagree with the complaint.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.9 - Training Funds for Conferences

Current through Reg. 49, No. 28; July 12, 2024
The Department may provide financial assistance to
					 Subrecipients for training and technical activities for state sponsored,
					 federally sponsored, and other relevant workshops and conferences.
					 Subrecipients may use program training funds to attend conferences provided the
					 conference agenda includes topics directly related to administering the
					 program. Costs to attend the conference must be prorated by program for the
					 appropriate portion. Only staff billed to the specific program, directly or
					 indirectly, may charge any training and travel costs to the
					 program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.10 - Board Approval

Current through Reg. 49, No. 28; July 12, 2024
Subrecipient's Board of Directors must be notified of any
					 action taken by the Subrecipient's staff to voluntarily relinquish funds or to
					 not accept proposed awards from the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.11 - Compliance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose and
				  Overview.
(1) This section provides the
				  procedures that will be followed for monitoring for compliance with the
				  programs in this chapter, 10 TAC Chapter 6, including LIHWAP.
(2) Any entity administering any or all of
				  the programs detailed in this chapter, 10 TAC Chapter 6, is a Subrecipient. A
				  Subrecipient may also administer other programs, including programs
				  administered by other state or federal agencies and privately funded programs.
				  If the Subrecipient has contracts for other programs through the Department,
				  including but not limited to the Emergency Solutions Grants, Ending
				  Homelessness Fund, Homeless Housing and Services Program, HOME Partnerships
				  Program, the Neighborhood Stabilization Program, or the State Housing Trust
				  Fund, the Department may, but is not required to and does not commit to,
				  coordinate monitoring of those programs with monitoring of Community Affairs
				  Division funds under this subchapter.
(3) Any entity administering any or all of
				  the programs provided for in subsection (a) of this section as part of a
				  Memorandum of Understanding (MOU), contract, or other legal agreement with a
				  Subrecipient is a Subgrantee.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.202 - Purpose and Goals

Current through Reg. 49, No. 28; July 12, 2024
The Department passes through CSBG funds to Public
					 Organizations and Private Nonprofits that are to comply with the purposes of
					 the CSBG Act.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.203 - Formula for Distribution of CSBG Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The CSBG Act requires that no less than
				  90% of the state's annual allocation be allocated to Eligible Entities. The
				  Department currently utilizes a multi-factor fund distribution formula to
				  equitably provide CSBG funds throughout the state to the CSBG Eligible
				  Entities. The formula is subject to adjustment from time to time when amended
				  as part of the CSBG State Plan.
(b)
				  The distribution formula incorporates the most current U.S. Census Bureau
				  Decennial Census and data from the American Community Survey for information on
				  persons not to exceed 125% of poverty. The formula is applied as follows:
(1) Each Eligible Entity receives a $50,000
				  base award;
(2) Then, the factors
				  of poverty population, weighted at 98% and inverse population density, weighted
				  at 2%, are applied to the state's allocation required to be distributed among
				  Eligible Entities;
(3) If the base
				  combined with the calculation resulting from the weighted factors in paragraph
				  (2) of this subsection do not reach a minimum floor of $150,000, then a minimum
				  floor of $150,000 is reserved for each of those CSBG eligible entities,
				  resulting in a proportional reduction in other funds available for
				  formula-based distribution; and
(4)
				  Then, the formula is re-applied to the balance of the 90% funds for
				  distributing the remaining funds to the remaining CSBG Eligible
				  Entities.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.204 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
CSBG funds are contractually obligated to Eligible
					 Entities, and accessed through the Department's web-based Contract System.
					 Prior to executing a Contract for CSBG funds, the Department will verify that
					 neither the entity, nor any member of the Eligible Entity's Board is federally
					 debarred or excluded. Unless modified by Contract, the annual allocation has a
					 beginning date of January 1 and an end date of December 31, regardless of the
					 Eligible Entity's fiscal year. Eligible Entities may use the funds for
					 administrative support and/or for direct services such as: education,
					 employment, housing, health care, nutrition, transportation, linkages with
					 other service providers, youth programs, emergency services, i.e., utilities,
					 rent, food, Shelter, clothing, etc.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.205 - Limitations on Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Construction
				  of Facilities. CSBG funds may not be used for the purchase, construction or
				  improvement of land, or facilities as described in (42 U.S.C.
				  §
											9918(a))
				  .
(b) The CSBG Act prohibits the
				  use of funds for partisan or nonpartisan political activity; any political
				  activity associated with a candidate, contending faction, or group in an
				  election for public or party office; transportation to the polls or similar
				  assistance with an election; or voter registration activity (for example,
				  contacting a congressional office to advocate for a change to any law is a
				  prohibited activity).
(c) Utility
				  and rent deposit refunds from vendors must be reimbursed to the Subrecipient
				  and not the customer. Refunds must be treated as program income, and returned
				  to the Department within 10 calendar days of receipt.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.208 - Designation and Re-Designation of Eligible Entities in Unserved Areas

Current through Reg. 49, No. 28; July 12, 2024
If any geographic area of the state ceases to be served by
					 an Eligible Entity, the requirements of
					 42
					 U.S.C. §
											9909 will be
					 followed.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.209 - CSBG Requirements for Tripartite Board of Directors

Current through Reg. 49, No. 28; July 12, 2024
(a) General Board Requirements.
(1) The Coats Human Services Reauthorization
				  Act (
				  Public
				  Law 105-285 ) addresses the CSBG program and
				  requires that Eligible Entities administer the CSBG program through a
				  tripartite board. The Act requires that governing boards or a governing body be
				  involved in the development, planning, implementation, and evaluation of the
				  programs serving the low-income sector.
(2) Federal requirements for establishing a
				  tripartite board require board oversight responsibilities for public entities,
				  which differ from requirements for private organizations. Where differences
				  occur between private and public organizations, requirements for each entity
				  have been noted in related sections of the rule.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.210 - Board Structure

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
				  Entities that are Private Nonprofit Organizations shall administer the CSBG
				  program through a tripartite board that fully participates in the development,
				  planning, implementation, and evaluation of the program to serve low-income
				  communities. Records must be retained for all seated board members in relation
				  to their elections to the board for the longer of the board member's term on
				  the Board, or the federal record retention period. Some of the members of the
				  board shall be selected by the Private Nonprofit Organization, and others
				  through a democratic process; the board shall be composed so as to assure that
				  the requirements of the CSBG Act are followed and are composed as:
(1) One-third of the members of the board
				  shall be elected public officials, holding office on the date of the selection,
				  or their representatives. In the event that there are not enough elected public
				  officials reasonably available and willing to serve on the board, the entity
				  may select appointive public officials to serve on the board. The public
				  officials selected to serve on the board may each choose one permanent
				  representative or designate an alternate to serve on the board. Appointive
				  public officials or their representatives or alternates may be counted in
				  meeting the 1/3 requirement.
(2)
				  Not fewer than 1/3 of the members are persons chosen in accordance with the
				  Eligible Entity's Board-approved written democratic selection procedures
				  adequate to assure that these members are representative of low-income
				  individuals and families in the neighborhood served; and each representative of
				  low-income individuals and families selected to represent a specific
				  neighborhood within a community resides in the neighborhood represented by the
				  member.
(3) The remainder are
				  members of business, industry, labor, religious, law enforcement, education, or
				  other major groups and interests in the community served.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.211 - Board Administrative Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Compensation. Board members, including
				  advisory board members, are not entitled to compensation for their service on
				  the board. Reimbursement of reasonable and necessary expenses incurred by a
				  board member in carrying out his/her duties is allowed.
(b) Conflict of Interest. Board members must
				  follow the conflict of interest requirements in UGMS or TxGMS, as applicable,
				  for both procurement and non-procurement transactions.
(c) Board Service. No employee of the local
				  CSBG Subrecipient or of the Department may serve on the board.
(d) Interim Appointments. A seated board
				  member is permitted to be appointed to serve in an interim executive capacity,
				  such as an interim Executive Director, for up to 180 days so long as the
				  Department is so notified, the board member did not participate in the vote
				  that designated them for the position, the board member does not vote during
				  the period for which they serve in the position, and the member is not
				  considered a board member for purposes of quorum. In such cases, the board
				  member seat is not considered vacated, and is available for that board member
				  to return.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.212 - Board Size

Current through Reg. 49, No. 28; July 12, 2024
(a) Board Service
				  Limitations for Private Nonprofit Entities and Public Organizations. The
				  Eligible Entity may establish term limits and/or procedures for the removal of
				  board members.
(b)
				  Vacancies/Removal of Board Members.
(1)
				  Vacancies. Except as allowed under §
											RSA
				  6.211(d) of this
				  subchapter (relating to Interim Appointments) the board shall not allow a
				  public, private, or low-income sector board position to remain vacant for more
				  than 90 days. An Eligible Entity shall report the number of board vacancies by
				  sector in its Monthly Performance and Expenditure Report. Compliance with the
				  CSBG Act requirements for board membership is a condition for Eligible Entities
				  to receive CSBG funding. There is no provision for a waiver or exception to
				  these requirements.
(2) Removal of
				  Board Members/Private Nonprofit Entities. Public officials or their
				  representatives, may be removed from the board either by the board or by the
				  entity that appointed them to serve on the board. Other members of the board
				  may be removed by the board or pursuant to any procedure provided in the
				  private nonprofit's Certificate of Formation/Articles of Incorporation or
				  bylaws.
(3) Removal of Board
				  Members/Public Organizations. Public officials or their representatives may be
				  removed from the advisory board by the Public Organization, or by the advisory
				  board if the board is so empowered by the Public Organization. The advisory
				  board may petition the Public Organization to remove an advisory board member.
				  All other board members may be removed by the advisory board.
(4) In order to meet the 1/3 requirement for
				  the Public Official representation detailed in §
											RSA
				  6.210 of this subchapter (relating to Board
				  Structure), board size shall be a number divisible by three.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.213 - Board Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Tripartite
				  boards have a fiduciary responsibility for the overall operation of the
				  Eligible Entity. Members are expected to carry out their duties as any
				  reasonably prudent person would do.
(b) At a minimum, board members are expected
				  to:
(1) Maintain regular attendance of board
				  and committee meetings;
(2) Develop
				  thorough familiarity with core agency information as appropriate, such as the
				  agency's bylaws, Certificate of Formation/Articles of Incorporation, sources of
				  funding, agency goals and programs, federal and state CSBG statutes;
(3) Exercise careful review of materials
				  provided to the board;
(4) Make
				  decisions based on sufficient information;
(5) Ensure that proper fiscal systems and
				  controls, as well as a legal compliance system, are in place;
(6) Maintain knowledge of all major actions
				  taken by the agency; and
(7)
				  Receive regular reports that include:
(A)
				  Review and approval of all funding requests (including budgets);
(B) Review of reports on the organization's
				  financial situation;
(C) Regular
				  reports on the progress of goals specified in the Performance Statement or
				  program proposal;
(D) Regular
				  reports addressing the rate of expenditures as compared to those projected in
				  the budget;
(E) Updated
				  modifications to policies and procedures concerning employees and fiscal
				  operations;
(F) Updated information
				  on community conditions that affect the programs and services of the
				  organization; and
(G) Reports on
				  any monitoring correspondence transmitted by the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter B - COMMUNITY SERVICES BLOCK GRANT › Section 6.214 - Board Meeting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  Board of an Eligible Entity must meet and have a quorum at least once per
				  calendar quarter, and at a minimum five times per year and, must give each
				  Board member a notice of meeting five calendar days in advance of the
				  meeting.
(b) Tex. Gov't Code,
				  Chapter 551, Texas Open Meetings Act, addresses specific requirements regarding
				  meetings and meeting notices. Tex. Gov't Code, §
										RSA
				  551.001(3)(J),
				  includes in the definition of a governmental body a nonprofit corporation that
				  is eligible to receive funds under the federal CSBG program, and that is
				  authorized by the state to serve a geographic area of the state. Thus, all
				  Eligible Entities must follow the requirements of the Texas Open Meetings Act.
				  As set forth in that law, there is the potential for individual criminal
				  liability for violations.
(c) Tex.
				  Gov't Code, §
										RSA
				  551.005 requires elected or appointed
				  officials to receive training in Texas Open Government laws. The Department
				  requires that all board members or advisory board members receive training in
				  Texas Open Government laws, according to the requirements of
				  §551.005.
(d) A copy of the
				  attendance roster for all Board trainings shall be maintained at the
				  Subrecipient level.
(e) The minimum
				  number of members required to meet quorum is three unless the Subrecipient's
				  Certification of Formation/Articles of Incorporation, bylaws, or the Texas Open
				  Meetings Act requires a greater number.