| (a) Any written information provided to the Department
in order to execute a Contract is part of the Application, including
but not limited to the information in this subsection.
(b) The municipality may apply to administer the funding
directly or designate a Private Nonprofit Organization or other governmental
entity to apply to administer the funds in the municipality in accordance
with Tex. Gov't Code §2306.2585(a).
(1) Designation of administering entity. The municipality
that is designating an entity to administer the funds within their
jurisdiction shall provide notification to the Department within 60
calendar days of notification of the allocated amount. The notification
must be in the form of a resolution or other city council action from
the municipality's governing body, and should indicate that the municipality
is designating another entity to administer the funds on behalf of
the municipality.
(2) The municipality may designate the other entity
for one or two years, as desired by the municipality. If designated
for two years, the requirement that the resolution or council action
be submitted within 60 calendar days of notification of allocated
amount will be considered met for the second year since the council
action was approved.
(c) Application for funds. Application for funds will
be submitted within 60 calendar days of notification of the allocated
amount. After 60 calendar days of notification, if no application
for funding is received, the funding may be reallocated through the
formula outlined in this section to the other areas receiving HHSP
funding. The Application for funding will include, but not be limited
to:
(1) information sufficient to conduct a Previous Participation
review for the municipality or entity designated to administer HHSP
funds;
(2) proposed budget;
(3) proposed performance targets; and
(4) activity descriptions.
(d) Prior to Contract execution, entities expected
to administer an award of HHSP funds must submit a resolution, governing
body action, or other approved documentation approved by entity's
direct governing body which includes authorization to enter into a
Contract for HHSP funds and title of the person authorized to represent
the entity and who also has signature authority to execute a Contract.
The documentation submitted must be dated no more than 12 months from
the date of Contract execution.
(e) An entity recommended for HHSP funds is subject
to the Department's Previous Participation Rule, found in §1.302
of this title (relating to Previous Participation Reviews for Department
Program Awards Not Covered by §1.301 of this Subchapter). In
addition to the considerations of the Previous Participation Rule,
an entity receiving HHSP funds may not be in breach or violation,
after notice and a reasonable opportunity to cure, of any contract
with the Department or LURA.
(f) Subrecipient must enter into a Contract with the
Department governing the use of such funds. If the source of funds
for HHSP is funding under another specific Department program, such
as the Housing Trust Fund, as authorized by Tex. Gov't Code, §2306.2585(c),
the Contract will incorporate any requirements applicable to such
funding source.
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