TDHCA Public Comment Center

Drafts Available for Public Comment

TDHCA considers public comment important to the development of its program administration and, therefore, provides for a formal public comment period on numerous draft and/or proposed plans, policies, reports, and rules. The public is invited to make comments at the TDHCA Board meetings when the draft or proposed version of a document is under consideration, or may submit comments in writing during applicable public comment periods to TDHCA via letter, fax, or email formats as directed for each specific document available for public comment.

Public comments received outside of the specified public comment period may not be forwarded to the Department’s Governing Board for consideration or considered as part of the official record of public comment requiring reasoned responses.

Types of Public Comment

There are at least five different types of public comment.

1. Public comment on proposed rules published in the Texas Register for comment. Generally speaking, this type of public comment:
   1. Must be submitted in accordance with the process(es) identified in the Texas Register through proper defined channels; and
   2. Requires reasoned responses in connection with final rule adoption.
2. Public comment that is used to engage the public in the development of rules and other actions that may ultimately be taken to the Board for formal action. Generally speaking, this type of public comment:
   1. Does not require formal reasoned responses; and
   2. Can be in writing, on online forums, or verbal, such as in a round table discussion.
3. Public comment during Board or Board Committee meetings.
   1. This type of comment becomes a part of the official record on which Board deliberations are based.
   2. Comment can be provided verbally on specific Board items or it may be provided in writing, if applicable rules are followed.
   3. Generally, written comment offered at a Board meeting is subject to being denied consideration because the Board and public have not had advance opportunity to consider it.
   4. The Board may allow verbal comment at a meeting to serve as official comment on rules requiring reasoned response.
4. Public comment on matters that require strict adherence to a U.S. Department of Housing and Urban Development (“HUD”) approved citizen participation plan.
5. Public comment on matters that require specific public hearings, notably Tax Equity and Fiscal Responsibility Act (“TEFRA”) hearings on tax exempt private activity bond (“PAB”) issuance, hearings required by Community Service Block Grant (“CSBG”) and Low Income Housing Energy Assistance Program (“LIHEAP”), and Action Plan hearings.

It is possible that a specific matter may implicate more than one of these types of comment.

Written Public Comment Submission Guidelines

Written comments regarding draft documents or applicants for TDHCA funding may be submitted during the specified public comment period for the document or applicant in letter, fax, or email formats as directed for each specific document or applicant available for public comment.

Public comments received outside of the specified public comment period may not be forwarded to the Department’s Governing Board for consideration.

Non-Written Public Comment

Non-written comments and submissions, such as verbal comments made via telephone, online forums and/or roundtables, may not be considered by the Department as public comment. Comments intended to become part of the official public comment records should be submitted in writing during applicable public comment periods to TDHCA via letter, fax, or email formats as directed for each specific document available for public comment.

Social Media

Social media posts do not constitute official public comment and will not be included in the official record for TDHCA Governing Board consideration. TDHCA considers opinions expressed on any TDHCA social media site as posted for discussion only and not a substitute for a formal statement in the public comment process. Comments by external parties on TDHCA’s social media sites, including but not limited to replies, retweets, favorites, likes and other similar secondary postings are not considered official public testimony concerning any project or program.

Comments intended to become part of the official public comment records should be submitted in writing during applicable public comment periods to TDHCA via letter, fax, or email formats as directed for each specific document available for public comment.

Public comments received outside of the specified public comment period may not be forwarded to the Department’s Governing Board for consideration.

The Life Cycle of Public Comment

Comments intended to become part of the official public comment records should be submitted in writing during applicable public comment periods to TDHCA via letter, fax, or email formats as directed for each specific document available for public comment.

Department staff typically collects all written public comments received during public comment periods and, when required, prepares a response summary. The summary includes comments received as well as staff recommendations regarding how TDHCA leadership may address the comments within existing state and federal regulations and resources. The compilation of public comments and reasoned responses are then submitted to TDHCA’s Governing Board for review and consideration for approval for incorporation into the final version of the specific document for which the comments were received.

Public comments received outside of the specified public comment period may not be forwarded to the Department’s Governing Board for consideration.

The following information is designed to serve as a general reference tool to help Texans prepare comments regarding TDHCA’s plans, policies, reports and rules related to TDHCA-administered programs and services. This information is presented for explanatory purposes only.

Learn the Process

To maximize the effectiveness of your comments, TDHCA encourages you to familiarize yourself with the Department’s rule making process. Knowing this process and the relevant public participation opportunities will help you plan when, where, and how to contribute your input for timely consideration by TDHCA. For example, the most efficient and effective time to submit comments is during the open comment period for a specific item. Submitting comments during an open public comment period will help you avoid missing opportunities to suggest changes to a particular rule before TDHCA’s Board has approved it for implementation.

Know the Statutory Framework

TDHCA’s programs and services are administered in accordance with federal and/or state regulations tied to the particular funding stream(s) that support each specific program or service. Knowing the relevant statutory framework (state and federal laws) will help you understand what may or may not be revised through TDHCA’s public comment process. For example, public comment may prompt revisions to the rules described in the Texas Administrative Code (“TAC”), while public comment submitted to TDHCA cannot impact the governing statute or federal rules and regulations. Such changes require action by the Texas Legislature or at the federal level by the U.S. Congress.

Links to TDHCA’s program rules (Texas Administrative Code), governing statute (Texas Government Code), and federal program rules and regulations are available on our Rules and Regulations page.

Check Out the Texas Register

The Texas Register, a weekly publication, serves as the journal of state agency rulemaking for Texas. Information published in the Texas Register includes proposed, adopted, withdrawn and emergency rule actions, notices of state agency review of agency rules, Governor's appointments, Attorney General opinions, and miscellaneous documents such as requests for proposals. After adoption, these rulemaking actions are codified into the Texas Administrative Code (“TAC”).

Visit the Texas Secretary of State’s website to view current and past issues of the Texas Register (www.sos.state.tx.us/texreg/index.shtml).

Participate in Forums, Hearings, Roundtables, Webinars

TDHCA provides many opportunities to learn about and discuss its programs and services. The public is encouraged to participate in these opportunities where official public comment may or may not be accepted.

Monitor Staff Drafts

TDHCA solicits public comment on staff prepared drafts of rules, plans, etc. The following is an outline of the general process that includes the most beneficial time to contribute comment:

1. Staff integrates new state and federal regulations, along with any recommended improvements or clarifications from staff, into the existing plan or rule to create a new draft.
2. Staff presents the new draft to TDHCA’s Governing Board for review and approval for posting to the Texas Register for public comment.
3. *Public comment opportunity*
   TDHCA announces the public comment period for the Board-approved draft, which is made available for public comment for a specific period of time.
4. Typically, Department staff collects all written public comments received during the public comment period and, when required, prepares a response summary. The summary includes public comment, as well as staff recommendations regarding how TDHCA leadership may address the comments within existing state and federal regulations and resources.
5. *Public comment opportunity*
   The compilation of public comments and staff responses are then submitted to TDHCA’s Governing Board for review and possible final action into the final version of the specific document for which the comments were received. The Board considers all public comment, and may or may not request staff to make revisions before approving its posting to the Texas Register as the final rule or plan.

Good to Know

• The frequency with which plans and rules come up for review and public comment is defined in the relevant state and/or federal regulations.
• Scheduling of a comment period can vary, e.g., a notice from the U.S. Department of Housing and Urban Development (“HUD”) regarding a delay or impact of new federal regulation can result in an extension of submittal of a draft rule and thus change the entire timeline.
• Public Comment periods vary; not all documents are required to go out for 30 days.

Give Input at Appropriate Board Meeting(s)

Your feedback is always welcome at TDHCA Board meetings. However, to maximize the timeliness and official consideration of your comments, you are encouraged to express your concerns and ideas at meetings that include the item of interest on the agenda. The Board cannot act on any topic not on the agenda.

TDHCA Board meeting information is always available on the Department’s Board Meeting Center and Calendar.

Watch for Public Comment Periods

TDHCA’s plans, policies, rules, scoring criteria, and other administrative items are developed through public comment. While there may be opportunities to provide comment through different activities, such as forums, hearings and roundtables, the most impactful opportunities are during public comment periods. Public comment periods are open for a specified period of time, after which the Department moves forward with processing the comments it received for presentation to the Governing Board for review. Open public comment periods offer the most effective opportunity to express your opinions, concerns, or ideas for changing the way the Department will administer the program or service of interest to you.

In addition to the information provided above, understanding the slight differences of the Department’s multifamily program administration, as outlined below, may enhance the timeliness and effectiveness of your comments on program administration (rules, processes, etc.), and proposed affordable multifamily housing development(s) in your community.

Start Locally

The best place to begin participating in housing development decisions is in your own backyard. County commissioners’ courts and city council meetings play an important role in the affordable housing process. Consider participating in meetings where proposed housing developments, market studies, and the affordable housing needs analysis will be considered. Be sure to contribute your input about housing, zoning, service and utility infrastructure, school capacity and access, transportation, and any other topic of interest to you. These are topics the state often leaves to local jurisdictions.

As you work with local leaders, be mindful that city and county elected officials often are called upon to balance over-arching concerns such as fair housing laws and localized priorities with developing and implementing growth plans, which may include preparing for workforce housing demand. Housing Tax Credits (“HTC”) offer financial support for developers who work in concert with officials to enhance and maintain the affordable housing stock for the economic growth of your community.

Get the 4-1-1 on Housing Tax Credits

Learn about HTC to ensure you are informed about what HTCs are, how HTCs work, and who is eligible to live in HTC-supported affordable housing. Everything you ever want to know about HTCs is available on our site. Visit our Multifamily Finance Program FAQs page for details about Texas HTCs, Multifamily Bonds and Multifamily Direct Loans administered by TDHCA.

Good to Know

• Meet some tenants of HTC-supported properties when you click on the “Multifamily” menu bar in the TDHCA Showcase.
• Check out photos of properties supported in part through TDHCA affordable housing programs in our Affordable Housing in Texas gallery.

Meet the Development Team

To get a complete understanding of a proposed affordable housing development in your community, invite the developer to a neighborhood meeting to discuss their plans and details about the proposed property. Ask the developer to provide pictures from their affordable housing portfolio, and a development resume sharing the kinds of developments they have constructed previously (including styles, types, and services those developments offer).

About the HTC Program

There are two important public comment opportunities for the HTC program:

1. During the development of the Qualified Allocation Plan (“QAP”), which are the rules that TDHCA follows in administering the HTC program; and
2. During the individual application review process.

The QAP Process

Every year, TDHCA solicits public comment on staff prepared draft of the QAP. Below is an outline of the general process that includes the most beneficial time to contribute comment.

1. Staff begins developing a new QAP by integrating new state and federal regulations into the existing QAP to create a new draft. This is also staff’s opportunity to clarify or “clean up” current language as needed.
2. *Public comment opportunity*
   Public hearings are held for the development of the QAP. The public is encouraged to attend or provide written comment.
3. Staff presents the draft QAP to TDHCA’s Governing Board for review and approval for posting to the Texas Register for public comment.
4. *Public comment opportunity*
   TDHCA announces the public comment period for the Board-approved draft QAP, which is made available for public comment for a specific period of time.
5. Typically, Department staff collects all written public comments received during the public comment period and, when required, prepares a response summary. The summary includes comments received as well as staff recommendations regarding how TDHCA leadership may address the comments within existing state and federal regulations and resources.
6. *Public comment opportunity*
   The compilation of public comments and staff responses are then submitted to TDHCA’s Governing Board for review and consideration for approval for incorporation into the final QAP. The Board considers all public comment, and may or may not request staff to make revisions before approved posting it to the Texas Register as the final rule or plan.

The Application Review

4% Housing Tax Credits (“4% HTC”)

For Tax Exempt Bond (“4% HTC”) applications which use TDHCA as the bond issuer, the Department will conduct development-specific public hearings in the community in which the development is to be located. The public is encouraged to attend these public hearings or submit written comments to the Department.

For 4% HTC applications which use a local issuer, interested individuals are encouraged to contact the issuer for the public hearing information.

9% Housing Tax Credits (“9% HTC”)

For the competitive (“9% HTC”) program, prior to the award of the credits, TDHCA will hold at least three public hearings in metropolitan and rural areas across the state. The public is encouraged to attend one of these scheduled hearings, or to submit written comments to the HTC Program. When submitting comments, the application under discussion should be clearly identified by name, address and city. Including the TDHCA application identification number in the correspondence is also helpful.

Based on the provided comments, an indication of the level of support or opposition for an application will be included in the recommendation documentation staff will present to the TDHCA's Governing Board.

Our Fair Housing Lens

As you prepare your comments about the QAP or any proposed affordable multifamily housing property, be sure to keep the Fair Housing Act in mind. Comments that are contrary to the law may not be accepted or considered by local officials, nor will they be accepted or considered by TDHCA. Visit Fair Housing 101 for details and information about the law.

Good to Know

• Citing facts, data and resources to support your comments may help you steer clear from Fair Housing Act issues and violations, such as making assumptions about lower income households. See examples at: Resources for Neighborhoods.
• Ask yourself whether or not you:
  • Would offer the same comment if the proposed development was a market rate property;
  • Assume that households qualifying for affordable housing have a higher proportion of school-aged children than households in a non-subsidized housing development;
  • Are against affordable housing versus general development; and/or
  • Have concerns based on unsubstantiated information (what you may have heard or been told) or verifiable evidence (an official report or study relating to the particular development at issue).

TDHCA offers the public various opportunities to participate in discussions about TDHCA programs and policies. These opportunities include Board meetings, public hearings, roundtables and online forums.

TDHCA Board Meetings

The Department’s Governing Board, which generally meets on a monthly basis, may provide two opportunities for public comment during Board meetings:

1. During agenda item discussions, and/or
2. At the end of the meeting, when public comment may be heard on matters other than items for which there were posted agenda items. (Note that this “end of meeting” comment is used to develop future agendas and will not involve discussion of items that were not posted on the agenda.)

The Board may not respond to comments regarding non-agenda items made during public comment provided at the end of the meeting, except to clarify issues.

Comments that are made during Board meetings outside of the specified public comment period for any specific plan, policy, report, rule, etc., may or may not become part of the official public comment records. Comments intended to become part of the official public comment records should be submitted in writing during applicable public comment periods to TDHCA via letter, fax, or email formats as directed for each specific document available for public comment.

TDHCA will provide reasonable accommodations and language assistance, as required by law.

Visit TDHCA’s Calendar for TDHCA’s Board meeting schedule.

Public comments received outside of the specified public comment period may not be forwarded to the Department’s Governing Board for consideration.

Verbal Comment at TDHCA Board Meetings

It is recommended that those who wish to provide verbal public comment during a Board meeting should sit in the front row of the meeting room when the agenda item of interest is brought up by the Board Chair.

When it is time for public comment, the Board Chair will individually call upon those sitting in the front row to step up to the podium to address the Board. Those providing verbal comment will be asked to begin by stating their name and any organization they may represent. Those providing comment will also be required to sign their name legibly on a commenter list at the podium.

Those providing verbal public comment at the Board meetings may be requested to keep their comments to a specified time limit at the chair’s discretion. Typically the limit is three minutes. If numerous people wish to comment on the same issue and in the same basic way, they may be asked to agree upon a smaller number of spokespersons.

Registering Support or Opposition at TDHCA Board Meetings

Individuals not speaking who wish to register positions for or against a posted agenda item may register their position, for or against, on the Public Comment Form and provide it to a TDHCA staff member on the day of the Board meeting.

Written Comment at TDHCA Board Meetings

Written testimony must be provided five business days prior to the Board meeting and made available in an Adobe Acrobat PDF electronic format. In exceptional circumstances, the Board Chair may allow written comments be provided in hard copy to each of the Board members. Those providing written comment to the Board are requested to include their name and contact information on the document(s), and bring to the meeting one hard copy for each member and enough copies for all members of the public that are present.

Public Hearings

The Department may hold public hearings within designated public comment periods to gather public comment on program rules, draft policy and planning documents, and applications for Housing Tax Credits (“HTC”) or Private Activity Bond (“PAB”) proceeds, hearings commonly referred to as “TEFRA hearings.”* Public comments made during these public hearings are added to all other public comment received during the specified open public comment period related to the specific document, application, or use of PAB authority. Look for the “Public Hearing” listing(s) in the “Type” field on TDHCA’s online Calendar for possible public hearings about TDHCA programs and policies.

TDHCA will provide reasonable accommodations and language assistance, as required by law.

* “TEFRA” is the acronym for the Tax Equity and Fiscal Responsibility Act of 1982.

Forums and Roundtables

Visit TDHCA’s online Forums or Calendar pages for possible opportunities to participate in discussions about TDHCA programs and policies. The feedback and conversations that take place during TDHCA forums and roundtables do not constitute official public comment. Although staff may consider comments that are made during forums and roundtables, the comments made within the forum and/or roundtable sessions may or may not become part of the official public comment records. Comments intended to become part of the official public comment records should be submitted in writing during applicable public comment periods to TDHCA via letter, fax, or email formats as directed for each specific document available for public comment.

TDHCA will provide reasonable accommodations and language assistance, as required by law.

Public comments received outside of the specified public comment period may not be forwarded to the Department’s Governing Board for consideration.

Accommodations at TDHCA Events

TDHCA will provide reasonable accommodations and language assistance, as required by law.

Please see the TDHCA event announcement for information about how to request auxiliary aids, translation services or sign language interpreters for any specific TDHCA event.

• Visit our Calendar for public participation opportunities, Board meetings, public comment periods, and more.
• Public Comment Procedures and Topics at Public Hearings and Meetings Rule (www.sos.state.tx.us)

TDHCA Division	Item(s)	Public Comment Dates
Housing Resource Center	State of Texas Low Income Housing Plan and Annual Report	12/22/2023 – 1/22/2024
Housing Resource Center	Public Comment on 10 TAC §1.23 State of Texas Low Income Housing Plan and Annual Report (SLIHP) Rule	12/22/2023 – 1/22/2024
Executive	Public Comment on 10 TAC Chapter 8, Project Rental Assistance Program Rule, §8.4, Qualification Requirements for Existing Developments	12/22/2023 – 1/22/2024
Executive	Public Comment on 10 TAC Chapter 2, Enforcement, Subchapter A General, Subchapter C Administrative Penalties, and Subchapter D, Debarment from Participation in Programs Administered by the Department	12/22/2023 – 1/22/2024
Asset Management	Proposed Amendments to 10 TAC Chapter 10, Subchapter E, Post Award and Asset Management Requirements	11/24/2023 – 12/22/2023
Executive	Public Comment on 10 TAC §1.7 Appeals Process (This Does Not Include Appeals for Multifamily Applications)	11/24/2023 – 12/26/2023
Compliance	Public Comment on 10 TAC Chapter 10, Subchapter F, Compliance Monitoring Rules	11/10/2023 – 12/11/2023
Compliance	Public Comment on 10 TAC Chapter 10, Subchapter H, Income and Rent Limits	11/10/2023 – 12/11/2023
Compliance	Public Comment on 10 TAC Chapter 10, Subchapter I, Public Facility Corporation Compliance Monitoring	11/10/2023 – 12/11/2023
Multifamily	Multifamily Direct Loan One Year Action Plan (OYAP)	11/3/2023 – 12/3/2023
Multifamily	10 TAC Chapter 13	11/1/2023 – 12/1/2023
Single Family and Homeless Programs	10 TAC Chapter 7, Subchapter A, General Policies and Procedures, 10 TAC Chapter 7, Subchapter B, Homeless Housing Services Program, and 10 TAC Chapter 7, Subchapter C, Emergency Solutions Grants	11/10/2023 – 12/11/2023
Single Family Homeless Program	Public Comment Housing Choice Voucher Section 8 2024-Public Housing Authority Plan	9/25/2023 – 11/13/2023

The following items are now closed to public comment. Public comments received outside of the specified public comment period may not be forwarded to the Department’s Governing Board for consideration.

TDHCA Division	Item(s)	Public Comment Dates
Executive	Public Comment on 10 TAC Chapter 1, Subchapter C, Previous Participation and Executive Award Review and Advisory Committee	9/22/2023 – 10/23/2023 Closed for public comment
Multifamily Bond Finance	Public Comment 10 TAC Chapter 12, Multifamily Housing Revenue Bond Rules	09/22/2023 – 10/13/2023. Closed for public comment
Multifamily	Public Comment 10 TAC Chapter 11, Qualified Allocation Plan	09/22/2023 – 10/13/2023. Closed for public comment