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Presentation, discussion, and possible action on an order adopting the repeal of 10 TAC ?2.302 Administrative Penalty Process; an order adopting a 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 ?2306.041, the Department is authorized to impose an administrative penalty on a person who violates the statute, or a rule or order adopted under the statute;
WHEREAS, pursuant to Tex. Gov't Code ?2306.042, the amount of an administrative penalty may not exceed $1,000.00 per violation per day, and the Department is required to adopt an administrative penalty schedule;
WHEREAS, the current administrative penalty schedule adopted by the Department at Figure 2 of 10 TAC ?2.302(k) did not account for circumstances in which extended elevator outage periods would result in an affected building failing to have an accessible route due to owners failing to repair nonfunctional elevator(s) outside of a periodic TDHCA inspection;
WHEREAS, the Department proposed adding a maximum potential administrative penalty of $1,000.00 plus $2,500.00 per week, beginning on the corrective action deadline, if all elevators in a building are non-operational, reflecting the seriousness of this violation;
WHEREAS, the proposed repeal and replacement of 10 TAC ?2.302 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 h...
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