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Presentation, discussion, and possible action on the statutory four-year rule review and order of proposed readoption for 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.3, Sick Leave Pool and Family Leave Pool, and directing its publication for public comment 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, Tex. Gov’t Code §2001.039 requires state agencies to review a rule every four years to assess whether the reasons for initially adopting the rule continue to exist;
WHEREAS, staff has assessed 10 TAC §1.3, Sick Leave Pool and Family Leave Pool, and confirms that the reasons for the initial adoption of this rule continue to exist, which is to comply with statutory requirements upon agencies to provide in rule a sick leave pool and family leave pool policy;
WHEREAS, staff has evaluated the rule and recommends that no changes to the rule as currently in effect are necessary, and staff is requesting Board approval to submit the proposed readoption of the rule as required by Tex. Gov’t Code §2001.039 for a public comment period as part of the four-year rule review process; and
WHEREAS, such proposed action will be published in the Texas Register for public comment from February 6, 2026 through March 8, 2026, and subsequently returned to the Board for final adoption;
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 proposed action herein in the form presented to this meeting, to be published in the Texas Register for public comment, and in connection therewith, make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing including any requested revisions to the preambles.
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BACKGROUND
The Department last performed a Four-Year rule review on 10 TAC §1.3, Sick Leave Pool and Family Leave Pool, in January 2022. Therefore, under Tex. Gov’t Code §2001.039, which requires that state agencies review a rule every four years to assess whether the reasons for initially adopting the rule continue to exist, the rule is due to be evaluated in 2026. Staff has determined that there is a continuing need for this rule to exist and that no revisions are warranted. The Secretary of State requires that even when no revisions are proposed, the rule be released for a public comment period. Therefore, the rule will be made available for public comment from February 6, 2026, through March 8, 2026, and returned to the Board for final approval.
Note that while the submission to the Texas Register does not require the text of the rule to be included in the submission or publication, staff has included the text of the rule for the Board’s convenience.
Attachment 1: Notice of Proposed Rule Review for 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.3, Sick Leave Pool and Family Leave Pool
The Texas Department of Housing and Community Affairs (the Department) files this notice of rule review for 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, 10 TAC §1.3, Sick Leave Pool and Family Leave Pool. The purpose of the proposed action is to conduct a rule review in accordance with Tex. Gov't Code §2001.039, which requires a state agency to review its rules every four years.
The Department has determined that there continues to be a need for this rule, which is to comply with statutory requirements upon agencies to provide in rule a sick leave pool and family leave pool policy. The Department has also determined that no changes to this rule are necessary. This rule proposed for readoption will be noted in the Texas Register's Review of Agency Rules section without publication of the text.
REQUEST FOR PUBLIC COMMENT AND INFORMATION RELATED TO COST, BENEFIT OR EFFECT. The Department requests comments on the rule review, and also requests information related to the cost, benefit, or effect of the rule and any applicable data, research, or analysis from any person required to comply with the rule or any other interested person. All comments or questions in response to this notice of rule review may be submitted in writing from February 6, 2026, through March 8, 2026. Written comments may be submitted to Brooke Boston by email to bboston@tdhca.texas.gov <mailto:bboston@tdhca.texas.gov>. ALL COMMENTS MUST BE RECEIVED BY 5:00 p.m. Austin local time, March 8, 2026.
Attachment 2: Text of Rule as Currently in Effect for 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.3, Sick Leave Pool and Family Leave Pool
(a) A sick leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation from the state.
(b) A family leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if they are caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic or are bonding with and caring for children during a child's first year following birth, adoption, or foster placement which forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation from the state.
(c) The Department's Human Resources Director is designated as the pool administrator to both pools.
(d) The pool administrator will recommend a policy, operating procedures, and forms for the administration of this section to the Executive Director for inclusion in the Department's Personnel Policies and Procedures Manual.
(e) Operation of both pools shall be consistent with Tex. Gov't Code, Chapter 661, as amended.