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Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 1, Subchapter D, Uniform Guidance for Recipients of Federal and State Funds, ?1.410 Determination of Alien Status for Program Beneficiaries; an order proposing new 10 TAC Chapter 1, Subchapter D, Uniform Guidance for Recipients of Federal and State Funds, ?1.410 Determination of Alien Status for Program Beneficiaries; and directing their 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, Section 401(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that an alien who is not a qualified alien is not eligible for federal public benefits, and Department of Justice (DOJ) guidance provides that each federal agency is required to identify which of their programs are considered federal public benefits for this purpose;
WHEREAS, the U.S. Department of Health and Human Services (USHHS) had previously determined that the Low Income Home Energy Assistance Program (LIHEAP) is a federal public benefit and is subject to PRWORA, and the Department of Energy (DOE) had directed states that as it relates to Qualified Aliens Eligibility for Benefits, they should review guidance provided by HHS under the LIHEAP;
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) in its 2025 federal Grant Agreements for the National Housing Trust Fund, HOME, and Emergency Solutions Grant Programs is now clarifying that PRWORA does apply to those programs (and HUD has not specified if any activity types are excluded), and further allows grantees to use SAVE or an equivalent verification system approved by the federal government, suggesting that the Department could pro...
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