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ALL PROPOSED RULES THAT ARE OPEN FOR COMMENT CAN BE FOUND at TDHCA’s Public Comment Center under Items Open for Public Comment.
Rules:
TDHCA’s rules describe how TDHCA implements state and federal law, prescribe policy, and define the procedures and requirements of the agency. TDHCA’s rules are found at 10 Texas Administrative Code, Part 1. Rules are different from statutes - a Texas statute is created or amended by the Texas Legislature. A rule is adopted by a state agency. Rules hold the force of law.
Process:
Proposed Rule: When TDHCA identifies that a particular rule needs to change, or that a new rule is needed, it will first present that draft rule to TDHCA’s Governing Board. After Board approval, which may include revisions from what was presented, the proposed rule is published in the Texas Register. The notice includes a request for comments on the proposed rule and shares how to make that comment. The announcement of the rule and its public comment period is also posted on the Department’s Calendar listings webpage.
Adoption of Rule: After the public comment period closes, TDHCA staff present the rule for adoption to TDHCA’s Governing Board. All received comments are summarized with a reasoned response to each and included in the materials for the Board. Upon Board approval of the final rule, the adopted rule is then published in the Texas Register and once effective, rules are codified into the TAC, which is maintained by the Secretary of State. To be notified when rules are adopted in the Texas Register, visit the Secretary of State site to register for email notification at http://sos.state.tx.us/texreg/subinfo.shtml.
How Can I Participate in the Process?
Engaging the public and stakeholders is an important element of TDHCA’s rulemaking process. TDHCA provides informal and formal opportunities for the public and stakeholders to participate in the process. If you are interested in a particular rulemaking you can:
- Discuss the rule with Department staff that administer that rule or program informally;
- Attend announced round tables about possible rulemaking;
- Attend a Board meeting to make oral public comment when the rule is being considered; or
- Submit public comment during the formal public comment period.
All rules for which TDHCA is currently accepting comment can be found at TDHCA’s Public Comment Center under Items Open for Public Comment. Clicking on the link for a particular rule will show you when the deadline for comment is and who to email your comment to.
Tips for Submitting Public Comments
Be specific. Point to a specific rule or policy section.
For example, "These rules/policies are too prescriptive" may be a valid comment, but it doesn't tell TDHCA staff what the commenter thinks should be changed. Instead consider pointing to specific requirements: "§26.27 states that Amy Young Barrier Removal construction contracts cannot exceed 25% of hard costs for life-threatening hazards. This seems too prescriptive."
Suggest an alternative
If only a critique of what is disliked is provided, with no other suggestion, it is difficult for TDHCA to know what the commenter would like to see.
Comment on rule/policy with which you agree
A rule/policy may be revised because 20 commenters asked for a change, but what if 100 potential commenters liked the proposed rule/policy and chose not to submit a comment? Particularly for situations in which stakeholders may disagree, commenting on your support for a rule/policy may provide a valuable counterweight to other commenters who request a change.
For more information related to TDHCA Rules, you may contact brooke.boston@tdhca.texas.gov.