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Presentation, discussion, and possible action on the draft 2026 State of Texas Low Income Housing Plan and Annual Report; proposed repeal of 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.23 concerning State of Texas Low Income Housing Plan and Annual Report; proposed new 10 TAC Chapter 1, Subchapter A, General Policies and Procedures, §1.23 concerning State of Texas Low Income Housing Plan and Annual Report; and directing their publication for public comment in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, Tex. Gov’t Code §2306.0721 requires that the Department produce a state low income housing plan, and Tex. Gov’t Code §2306.0722 requires that the Department produce an annual low income housing report;
WHEREAS, Tex. Gov’t Code §2306.0723 requires that the Department consider the annual low income housing plan and report to be a rule;
WHEREAS, the draft 2026 State of Texas Low Income Housing Plan and Annual Report (SLIHP) has been developed as a proposed rule, by reference, and must be published for public comment;
WHEREAS, 10 TAC §1.23, which adopts the SLIHP by reference, is required to be repealed and replaced to reflect the updated SLIHP; and
WHEREAS, upon authorization of this item, the proposed rule action will be published in the Texas Register for public comment from February 6, 2026, through March 8, 2026;
NOW, therefore, it is hereby
RESOLVED, that staff is hereby directed to cause the draft 2026 State of Texas Low Income Housing Plan and Annual Report, in the form presented to this meeting, together with such grammatical and non-substantive technical corrections as they may deem necessary or advisable, to be published online for public comment, a notice of which will be published in the Texas Register, and in connection therewith, to make such non-substantive grammatical and technical changes as they deem necessary or advisable; and
FURTHER RESOLVED, that the Executive Director and his designees be and each of them are hereby authorized, empowered, and directed, for and on behalf of the Department, to cause the proposed repeal and proposed new 10 TAC §1.23, State of Texas Low Income Housing Plan and Annual Report, in the form presented to this meeting to be published in the Texas Register for review and public comment, and in connection therewith, to make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing including any changes required to the preambles.
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BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA or the Department) is required to prepare and submit to the Board not later than March 18 of each year an annual report of the Department’s housing activities for the preceding year. This State of Texas Low Income Housing Plan and Annual Report (SLIHP) must be submitted annually to the Governor, Lieutenant Governor, Speaker of the House, and legislative oversight committee members not later than 30 days after the Board receives and approves the final SLIHP. The document offers a comprehensive reference on statewide housing needs, housing resources, and strategies for funding allocations. It reviews TDHCA's housing programs, current and future policies, resource allocation plans to meet state housing needs, and reports on performance during the preceding state fiscal year (September 1, 2024, through August 31, 2025). It should be noted that for many of the programs represented in the SLIHP, federal funding entities require program-specific planning documents; in those cases, the planning document for the program as submitted to the federal oversight agency is the governing plan.
Proposed Rule and Public Comment
Tex. Gov’t Code §2306.0723 requires that the Department consider the SLIHP to be a rule and in developing the SLIHP, the Department is required to follow rulemaking procedures required by Texas Government Code, Chapter 2001. Attachments A and B provided under this item propose the repeal and new replacement of 10 TAC §1.23, State of Texas Low Income Housing Plan and Annual Report, which adopts the SLIHP by reference, and directs their publication for public comment in the Texas Register. The proposed repeal and proposed new rule will be made available for 30 days of public comment from Friday, February 6, 2026, through Sunday, March 8, 2026.
Draft 2026 SLIHP and Public Comment
The draft 2026 SLIHP will be made available for 30 days of public comment from Friday, January 16, 2026, through Monday, February 16, 2026, at 5:00 pm Austin local time. Written comments may be submitted to the Texas Department of Housing and Community Affairs, Housing Resource Center, SLIHP Comments, P.O. Box 13941, Austin, Texas 78711-3941 or by email to the following address: info@tdhca.texas.gov. A public hearing for the draft 2026 SLIHP will be held at the following time and location:
Tuesday, February 10, 2026
2:00 p.m.
Stephen F. Austin Building Room 172
1700 N Congress Ave,
Austin, TX 78701
The full text of the draft 2026 SLIHP may be viewed at the Department’s website at either of the following two locations: TDHCA Public Comment Center: <https://www.tdhca.texas.gov/tdhca-public-comment-center> or TDHCA Board Meeting Information Center: <https://www.tdhca.texas.gov/tdhca-board-meeting-information-center> The public may also receive a copy of the draft 2026 SLIHP by contacting the Department’s Housing Resource Center at (512) 475-3976.
All HUD Comprehensive Housing Affordability (CHAS) data in the document is still utilizing the 2017-2021 dataset. Per HUD’s data update schedule the 2018-2022 dataset should have been published in September 2025, but data was never released. Due to the government shutdown all data releases were halted. Staff anticipate new data being released after the shutdown ended and should have new CHAS data for the final version of the SLIHP prior to the document being finalized in March.
If there are no substantive changes needed based on public comment, staff will finalize the SLIHP and distribute it to the Texas Governor, Lieutenant Governor, Speaker of the House, and legislative oversight committee members prior to the March 18th deadline without a need for further board approval. It is expected that the final SLIHP rule action will be presented to the Board for approval at the board meeting on Thursday, April 9, 2026.