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Presentation, discussion, and possible action on an order adopting the repeal of 10 TAC Chapter 2, Debarment from Participation in Programs Administered by the Department, ?2.401 General; an order adopting the replacement version of the rule; and directing 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, pursuant to Tex. Gov't Code ?2306.0504, the Department is authorized to debar a person from participation in Department programs, and is required to develop a rule governing debarments;
WHEREAS, the debarment rule at 10 TAC ?2.401 outlines the criteria and administrative procedures for debarments;
WHEREAS, the Department proposed replacing the rule to incorporate voluntary nonparticipation agreements, incorporate elevator noncompliance, clarify areas of confusion, and streamline 10 TAC ?2.401;
WHEREAS, staff has therefore drafted a revision of the current rule on this subject, which upon Board approval will be released for public comment and returned to the Board for adoption at a subsequent Board meeting.
WHEREAS, the proposed repeal and replacement of 10 TAC ?2.401 was published in the Texas Register for public comment from October 24, 2025, through November 24, 2025, two comments were received, and responses to those comments are addressed in the attached preamble; and
WHEREAS, staff recommends adoption of the rule with no changes from the draft approved by the Board.
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 actions to publish the adopted rules in the Texas Register, and in connection therewith, make such non-substantive technical corrections as they m...
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