TDHCA announces five rule sections to be amended to bring them into consistency with 10 TAC Section 1.410 Determination of Alien Status for Program Beneficiaries, that was approved by the TDHCA Governing Board on December 11, 2025. This rule will be released for public comment and returned to the Board for final adoption. The rules, including their preambles, are expected to be published in the Texas Register edition for December 26, 2025. The published version will constitute the official version for purposes of public comment and can be found at the following link: https://www.sos.texas.gov/texreg/index.shtml.

The purpose of this action: At its meeting on November 6, 2025, the Department's Board authorized a proposed rule action to Section 1.410 Determination of Alien Status for Program Beneficiaries outlining the requirement that all of TDHCA's Single Family, Community Affairs and Homelessness programs' subrecipients must confirm legal alien status for program participants in order to receive assistance. That rule is currently out for public comment and will then be returned to the Board. 

While Section 1.410 provides for the requirement to perform a review for alien status for program participants, it does not specify how each program will calculate benefits based on those determinations because each program is different enough in its eligible activities that such applicability needs to be tailored to the specific programs. This level of specificity already exists in rule for the Low Income Home Energy Assistance Program and the Weatherization Assistance Program. However, it was not included or contemplated in the CSBG, Homelessness and Single Family Program rules.

This action provides for rule amendments to the following five rule sections to implement such provisions:

-- Community Services Block Grant Program: Section 6.204 Use of Funds

-- Homeless Housing and Services Program: Section7.28 Program Participant Eligibility and Program Participant Files

-- Emergency Solutions Grant Program: Section 7.44 Program Participant Eligibility and Program Participant Files;

-- Single Family Programs: Section 20.4 Eligible Single Family Activities and Section 20.6 Administrator Applicant Eligibility, both in the Single Family Programs Umbrella Rule

Because these revisions are all tied to the same issue, implementation of Section 1.410 Determination of Alien Status for Program Beneficiaries, staff is presenting this in one public comment posting. It should be noted, however, that the Texas Register still requires each rule to be submitted separately. Therefore, in the following pages you will see the preamble for each of the five actions, each followed by the amendment in blackline form for only that one rule reflecting the changes being recommended.  

The proposed rule actions can be found on the TDHCA Public Comment Center at https://www.tdhca.texas.gov/tdhca-public-comment-center.

Written comments may be submitted to the Texas Department of Housing and Community Affairs, Brooke Boston, via email to brooke.boston@tdhca.texas.gov.

ALL COMMENTS MUST BE RECEIVED BY 5 p.m., Central Time, on January 26, 2026.