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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Plans are required; to clarify what funding sources require Affirmative Marketing Plans; and to address language that is obsolete due to changes in Federal Rules and Regulations; and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 c...
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