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Presentation, discussion, and possible action on an order adopting the repeal and new 10 TAC Chapter 7, Subchapter D, Ending Homelessness Fund, and directing its 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 (Department) is authorized to adopt rules governing the administration of the Department and its programs;
WHEREAS, proposed repeal and replacement of 10 TAC Chapter 7, Subchapter D, Ending Homelessness Fund was published in the Texas Register for public comment from October 25, 2024 through November 29, 2024, and no public comment was received; and
WHEREAS, staff recommends the adoption of the repeal and new 10 TAC Chapter 7, Subchapter D, Ending Homelessness Fund;
NOW, therefore, it is hereby
RESOLVED, that the repeal and new 10 TAC Chapter 7, Subchapter D, Ending Homelessness Fund with the preambles presented at this meeting, are hereby adopted and approved for publication in the Texas Register; and
FURTHER 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 actions to publish the adopted rules 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.
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BACKGROUND
Authorized by Tex. Transp. Code §502.415, the Ending Homelessness Fund (EH Fund) is a donation-based fund held in trust outside of the state treasury. Donations to the fund are solicited through a request when a person registers or renews their registration for a motor vehicle. The EH Fund was created by the 85th Texas Legislature, to be effective September 1, 2017. The EH Fund is a unique fund source to the Department, whose flexibility allows the Department to ensure contributions are used in the most effective and impactful way possible. In furtherance of this, staff recommended changes to the rules to provide greater flexibility in the administration of the EH Fund, while ensuring that the statutory requirements of Tex. Transp. Code §502.415 are met.
During the October 10, 2024, the Board approved the repeal and proposed new rule for publication for public comment. Public comment was accepted October 25, 2024, through November 29, 2024, and no public comment was received. Staff is recommending adoption of the rules with no further changes from the draft approved by the Board at that time.