The Department has announced a rule action relating to 10 TAC Chapter 1, Section 1.21, Action by Department if Outstanding Balances Exist, that was approved by the TDHCA Governing Board on May 9, 2024. This rule will be released for public comment and returned to the Board for final adoption. The rule, including its preamble, is expected to be published in the May 24, 2024, edition of the Texas Register and that published version will constitute the official version for purposes of public comment and can be found at the following link: https://www.sos.texas.gov/texreg/index.shtml.

The purpose of this rule is to inform persons or entities requesting awards of new funds or resources, Form(s) 8609, application amendments, LURA amendments, new Contracts (with the exception of a Household Commitment Contract), Contract amendments, or loan modifications that, with the exceptions noted by this rule, if fees or loan payments (principal or interest) are past due, or Disallowed Costs have not been repaid, to the Department, the request may be denied, delayed, or the Subrecipient/Administrator/Developer/Owner’s Contract(s) terminated.

The rule has been identified by staff as needing several minor revisions. Changes relate primarily to removing reference to the Executive Award and Review Advisory Committee (EARAC) which no longer exists; and clarification that this rule does not apply to specific multifamily processes nor to procured vendors still under contract.

The proposed rule action can be found on the TDHCA Public Comment Center at https://www.tdhca.texas.gov/tdhca-public-comment-center.

Written comments may be submitted to the Texas Department of Housing and Community Affairs, Brooke Boston, via email to [email protected].

ALL COMMENTS MUST BE RECEIVED BY 5 p.m., Central Time, on June 24, 2024.