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Presentation, discussion, and possible action on the adoption of the repeal of 10 TAC §10.801, Affirmative Marketing Requirements; adoption of new 10 TAC §10.801, Affirmative Marketing Requirements; and directing their publication in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to Tex. Gov’t Code §2306.053, the Texas Department of Housing and Community Affairs (the Department) is authorized to adopt rules governing the administration of the Department and its programs;
WHEREAS, 10 TAC §10.801 provides the requirements associated with affirmative marketing required for all Developments in the Department’s multifamily portfolio with five or more total units;
WHEREAS, the Texas Regulatory Efficiency Office (TREO) coordinates with state agencies to review agency rules and recommend potential rule actions to improve efficiency, and TREO provided TDHCA with a Regulatory Efficiency Review Report that made suggested opportunities for improvement; and, as requested by TREO, such report was made available for stakeholder feedback in May 2026;
WHEREAS, it was suggested in the Report, at the initiation of the Department, that §10.801 could be amended to simplify the regulation and improve efficiency of the rule, and therefore the rule is being recommended for action;
WHEREAS, staff proposed changes to provide clarification on when Affirmative Marketing Plans are required; to clarify what funding sources require Affirmative Marketing Plans; and to address language that is obsolete due to changes in Federal Rules and Regulations; and
WHEREAS, such proposed rulemaking was published in the Texas Register to receive public comment from June 19, 2026, to July 20, 2026, and public comment was received as described in the attached preamble;
NOW, therefore, it is hereby
RESOLVED, that the Executive Director and his designees, be and each of them hereby are authorized, empowered, and directed, for and on behalf of the Department, to cause the adoption of the repeal of 10 TAC §10.801, Affirmative Marketing Requirements, and the adoption of new 10 TAC §10.801, Affirmative Marketing Requirements, to be approved for publication in the Texas Register, and in connection therewith, make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing, including the preparation of the subchapter specific preambles and any requested changes to the preambles.
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BACKGROUND
10 TAC §10.801 provides the requirements associated with affirmative marketing required for all Developments in the Department’s multifamily portfolio with five or more total units.
The Texas Regulatory Efficiency Office (TREO) coordinates with state agencies to review agency rules and recommends potential amendments to, or repeals of, those rules. In April 2026, TREO released a draft Regulatory Efficiency Review (RER) report of possible regulatory changes that the Texas Department of Housing and Community Affairs (the Department) could make to improve efficiency in some of its rules. The recommendations in the report were not mandates or directives, but rather ideas and opportunities for improvement. TREO requested that the Department share these ideas with stakeholders for a 14-day period to garner feedback, which occurred from April 30, 2026, to May 14, 2026.
The report included a recommendation, initiated by the Department that §10.801 be repealed and replaced with a new rule to improve efficiency, remove some non-federally required regulations on properties, and remove unnecessary language. No feedback on the suggestion was received. Therefore, staff is recommending that the rule be modified to reduce administrative burden on both the Department and developers required to comply with the rule.
In addition to seeking to make non-substantive revisions to improve the rule’s efficiency, the Department proposed the following changes to the rule in order to reduce regulatory burden:
• Clarify in §10.801(a), that the rule applies only to Developments that receive federal funding or for which affirmative marketing is required in a contract or LURA, but still requires all developments to affirmatively market to persons with disabilities.
• Remove references to HUD Form 935.2A and insert reference to TDHCA tool that is available to Developments to make the process more streamlined.
• Remove requirement that the Owner compares the demographic composition of the Development to the market area.
The rule will not apply to the Tax Exempt Bond Program or Low Income Housing Tax Credit Program other than the requirement to affirmatively market to persons with disabilities, except if the Development’s LURA or Contract require it or if there is another source of federal funding that requires affirmative marketing. For Developments in these programs with no additional requirements the Department will ensure that the Developments have marketed to persons with disabilities and will provide guidance on where and how to market in the Department’s provided “TDHCA Affirmative Marketing Tool” found on the TDHCA website, once this rule takes effect, <https://www.tdhca.texas.gov/MF-Affirmative-Marketing-Tool>.
The proposed rule was published in the Texas Register and released for public comment from June 19, 2026, to July 20, 2026. Public comment was received and is summarized, including a staff response to each comment, in the following preamble. Behind the preamble is a copy of the rule in blackline form reflecting the changes only being made since the draft was released.