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Presentation, discussion, and possible action on an order adopting the repeal of 10 TAC Chapter 21, Minimum Energy Efficiency Requirements for Single Family Construction Activities; an order adopting the repeal of 10 TAC Chapter 20, Single Family Programs Umbrella Rule §20.3, Definitions; and an order adopting new 10 TAC Chapter 20 Single Family Programs Umbrella Rule, §20.3 Definitions and §20.16, Minimum Energy Efficiency Standards 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, Tex. Gov't Code, § 2306.187 requires that the Department develop and adopt rules relating to Minimum Energy Efficiency requirements for new construction, reconstruction, and rehabilitation activities in Single Family Programs;
WHEREAS, 10 TAC Chapter 21, Minimum Energy Efficiency Requirements for Single Family Construction Activities sets the baseline for energy efficiency standards for all single family construction activities, which includes the Department's HOME Investments Partnership Program (HOME), Texas Housing Trust Fund (Texas HTF), Neighborhood Stabilization Program (NSP), Office of Colonia Initiatives (OCI) Programs, and other single family Programs as developed by the Department;
WHEREAS, 10 TAC Chapter 20 Single Family Programs Umbrella Rule sets forth the common elements of the Department’s Single Family Programs;
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 Chapter 20 could be amended to include what is currently in Chapter 21 regarding Energy Efficiency Requirements, while Chapter 21 can be repealed, and therefore the rules are also being acted upon in response to that Report;
WHEREAS, such revisions are being adopted through the repeal of the current rule and a simultaneous new rule to be adopted in its place; and
WHEREAS, these actions were published in the Texas Register for public comment from July 24, 2026 through August 24, 2026, and no comment was received;
NOW, therefore, it is hereby
RESOLVED, that the repeals of 10 TAC Chapter 20, Single Family Umbrella Rule, §20.3 Definitions, and 10 TAC Chapter 21, Minimum Energy Efficiency Requirements for Single Family Construction Activities, an order adopting new 10 TAC Chapter 20, §20.3, Definitions, and §20.16 Minimum Energy Efficiency Standards, are approved; and
FURTHER RESOLVED, that the Executive Director and his designees be and each them hereby are authorized, empowered, and directed, for and on behalf of the Department to cause the proposed actions herein in the form presented to this meeting to be published in the Texas Register, and in connection therewith, make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing.
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BACKGROUND
The Energy Efficiency rules at 10 TAC Chapter 21, set baseline energy efficiency standards for housing funded through the Department, while the Single Family Programs Umbrella Rule at 10 TAC Chapter 20 provides the administrative framework for all Single Family Program Activities.
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 the Department repeal 10 TAC 21, Minimum Energy Efficiency Requirements for Single Family Construction Activities due to its redundancy and high word count. TREO further recommended adding necessary sections of the repealed 10 TAC Chapter 21 into 10 TAC 20, Single Family Programs Umbrella Rule.
The rule, as proposed, was released for public comment from July 24, 2026, through August 24, 2026, and no comment was received. Staff recommends adoption of the proposed rule changes for publication in the Texas Register.