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Presentation, discussion, and possible action on an order adopting the repeal of 10 TAC Chapter 28, Taxable Mortgage Program; an order adopting new 10 TAC Chapter 28, Taxable Mortgage Program; 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 ?2001.039 requires state agencies to review a rule every four years to assess whether the reasons for initially adopting the rule continue to exist and this rule was last considered in March 2022;
WHEREAS, staff has assessed 10 TAC Chapter 28, Taxable Mortgage Program, and confirms that the reasons for the initial adoption of this rule continue to exist, which is to provide guidance relating to the Taxable Mortgage Program;
WHEREAS, staff has evaluated the rule and the rule is in need of a revision to reflect a new policy relating to lien status of Department loans; and
WHEREAS, such proposed rulemaking was published in the Texas Register for public comment to be received from February 6, 2026, to March 8, 2026, and no comment was received;
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 cause the action 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 including any requested revisions to the preambles.
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BACKGROUND
This rule lays out the parameters for administration of the Taxable Mortgage Program. As part of the rule's four year rule review, it has been identified by staff as needing revisions. There have recently been insta...
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