HRA / Program foundations
Lesson 2: The current rules map and source control
Reading
Build a rule file before building a house
HRA staff work with federal HOME requirements, other applicable federal laws, Texas statutes, adopted state rules, the funding notice, the executed agreement and current forms. These documents serve different purposes. A form helps collect evidence; it does not repeal a rule. An old checklist can remain online after a rule changes. Staff need to identify the controlling version and the event that makes it applicable to a particular activity.
- Find the authority. Start with the section governing the decision, not a remembered number.
- Check its status. Read the adoption and effective-date information, including incorporated text.
- Match the event. Determine whether application, reservation, commitment or another date controls.
- Save the decision. Retain the version, interpretation and reviewer in the project record.
Use a source register with the document title, issuing agency, section, effective date, retrieval date, project applicability and file location. Keep the actual version used for a decision with its date. A link alone may point to different content next year. For household-specific determinations, also record who reviewed the authority and whether TDHCA supplied a written interpretation. The course's source register provides starting points, not a permanent substitute for updating that project file.
What changed in September 2026
The Texas Register adoption published September 18, 2026 adopted new 10 TAC 23.20 through 23.29 without changes to the June 19 proposed text. The replacement became effective September 24, 2026. Reading only the adoption notice would miss the actual text because it was not republished there. Reading only the June proposal would leave its final status uncertain. Together, the adoption notice and incorporated text establish the rule and its effective date.
The adopted text sets the construction application reserve at $100,000, renumbers several administrative duties, changes the Contract setup benchmark to twelve months, and states a HOTMA implementation deadline no later than January 1, 2027. The design section no longer contains the former two-bedroom minimum and 800/1,000/1,200 square-foot whole-home minimums. Bedroom requirements and applicable codes still apply. Do not reuse the old numbers or paragraph references because they appeared in a previous fact sheet.
Know which chapter answers which question
Chapter 23 covers the state Single Family HOME program. Sections 23.20 through 23.29 address availability, applications, agreements, administration, costs, design and recapture. Sections 23.30 and 23.31 contain HRA activity and administrative requirements. Chapter 20 supplies umbrella requirements, including property eligibility, outreach, inspections and monitoring. Chapter 1 contains matters such as records and financial administration. A citation to repealed 23.32 in an older NOFA does not revive that section.
Energy requirements now appear in 10 TAC 20.16 following the repeal of Chapter 21 effective September 24, 2026. Some program pages and even cross-references still name Chapter 21. Document that mismatch and apply the current adopted provisions. Lesson 9 separately explains the current federal and state energy sources. Do not assume that a federal rescission automatically deletes an independently adopted Texas requirement.
Apply dates to the actual transaction
Section 23.25(a) makes the version of Chapter 23 in effect at reservation submission relevant to an RSP activity. Other requirements may use commitment, construction, assistance or completion dates. Write those events separately. An application date is not a loan-closing date, and an environmental clearance date is not construction completion. When reviewing an older activity, do not impose a newer rule merely because it is the latest text available.
The federal HOME updates also have provision-specific effective and compliance dates. The research file's broad suggestion that the 2025 changes to definitions and property standards were all delayed is not a safe rule. The April 2026 delay addresses specified provisions, including 92.250 and 92.253 instructions. Check the current text and its notes for the section actually at issue. Draft rules and proposed amendments are not final operating requirements.
Resolve conflicts without improvising
If a checklist, agreement and rule appear inconsistent, write down the exact conflict and pause the affected decision. Ask the program representative which document and version applies, and retain the written answer. Do not choose whichever version allows the larger budget or shorter retention period. TDHCA clarification can explain application of a requirement; it cannot casually waive federal law. Any waiver or exception needs the authorized decision and supporting documentation.
Assign one staff member to maintain the source register and another to check high-impact updates before publication or use. Refresh volatile items at the point of use: NOFAs, income limits, subsidy limits, homeownership value limits, Board-adjusted cost limits and official forms. Review lesson content after material changes. Preserve the superseded version for historical files, while making the current staff-facing version clear. Record uncertainty as a defined hold point with an owner and next action, not as a confident answer.
Work the case
A downloaded fact sheet says the cash reserve is $80,000. The September adoption notice does not print the new amount.
Review the decision
Follow its reference to the June 19 text adopted without changes. Section 23.23(6) states $100,000 for construction applications. Save both sources and the September 24 effective date. Use the correct version for the relevant application or reservation and obtain clarification for an older agreement instead of silently changing its terms.
Apply it in the file
Authorities for this lesson
- 10 TAC 23.20–23.29: text adopted without changes
- Texas Register: September 18, 2026 adopted rules
- 10 TAC 20.16: adopted energy standards
- HUD HOME rule effective-date history
Practice questions
1. An adoption says text is adopted without change and not republished. What must staff read?
- Only the notice title
- The incorporated proposed text too
- Only the old checklist
- Only a search-result summary
2. When did the replacement Chapter 23 Subchapter B take effect?
- June 19, 2026
- January 1, 2025
- September 24, 2026
- October 1, 2027
3. What does an online form's availability establish?
- That it overrides newer rules
- That every figure remains current
- That it is the only required evidence
- That the form is accessible
4. Where are HRA-specific requirements located?
- 23.30 and 23.31
- Only repealed 23.32
- Only the AYBR chapter
- Only the SFD application
5. Which event does 23.25(a) identify for the Chapter 23 version for reservations?
- First household phone call
- Reservation submission
- Contractor advertising date
- Date staff last downloaded a form
6. What replaced the repealed Chapter 21 energy provisions?
- The AYBR intake policy
- A contractor's standard estimate
- 10 TAC 20.16
- The old NOFA's title page
7. How should staff treat a proposed future rule?
- As immediately controlling
- As an automatic contract amendment
- As a retroactive waiver
- As a proposal until adopted and applicable
8. What should a source register record?
- Version, dates, authority and applicability
- Only a shortened web address
- Only the staff member's memory
- Only the document's page count
9. Two documents conflict over a limit. What is the next step?
- Use whichever allows more money
- Document and resolve the conflict
- Use whichever is shorter
- Let the bidder select the rule
10. Does a federal energy rescission automatically repeal Texas 20.16?
- Yes, in every case
- Yes, for all nonprofit projects
- No
- Yes, if a contractor requests it
11. Which older design figures should not be repeated as current 23.28 whole-home minimums?
- The actual locally adopted code
- The approved plan dimensions
- The current bedroom provisions
- 800/1,000/1,200 square feet
12. Which HOTMA deadline is stated in the new 23.26(10)?
- No later than January 1, 2027
- No later than January 1, 2026
- Exactly at every loan closing
- Only after all 2027 grants close
13. Which is the best way to handle an older activity?
- Apply today's text without review
- Identify the version applicable to its dates
- Discard all superseded records
- Use the least restrictive version
14. What does the course's October 4 review date mean?
- Future changes cannot affect them
- TDHCA endorsed the course
- The stated sources were checked then
- Every project-specific question is resolved
Glossary
- TAC
- Texas Administrative Code.
- Texas Register
- Publication of Texas rule proposals and adoptions.
- Effective date
- Date a rule takes legal effect.
- Applicability
- Whether a requirement covers the specific activity and timing.
- NOFA
- Notice of Funding Availability.
- Source register
- A dated record of authorities and versions used.
Print the field checklist · Sources and unresolved decisions