Section 30.6 - Application Threshold RequirementsTo be eligible to receive funding under the TxCDBG Program, an applicant must meet the following criteria:
(1) Grant administration. Demonstrate the ability to manage and administer the proposed project. The Department may consider the applicant's past performance and completion of previously awarded TxCDBG contracts, outstanding compliance and/or audit findings, and history of actively working with the Department to resolve any outstanding audit, monitoring, and/or reporting issues identified by the Department.(2) Financial capacity. Demonstrate the financial management capacity to sustain operation and maintenance of any improvements made in conjunction with the proposed project. Applications for TxCDBG funding must demonstrate financial capacity through compliance with the audit requirements in the Texas Local Government Code, as described in the RFA.(3) Proposed benefits. Demonstrate the ability to meet all proposed benefits identified in the application, including job creation if applicable.(4) Levy and collect tax. Levy and collect a local property tax or local sales tax option.(5) Open TxCDBG grants. If applicable, an applicant that has an open or pending TxCDBG grant must meet progress threshold requirements specified by the Department in the RFA and/or current TxCDBG action plan, including thresholds to obligate at least 50% of grant funding and to complete closeout reporting, as applicable.(6) Single Audits. Communities are required to comply with all federal single audit requirements, as described in the TxCDBG Project Implementation Manual, regardless of whether the required compliance is based on received funds other than TxCDBG awards. If applicable, an applicant must submit any past due audits to the Federal Audit Clearinghouse within the timeframes prescribed by the Department. (A) One delinquent audit. If the applicant meets threshold requirements for funding and has only one federal single audit delinquency, the Department will withhold the issuance of a grant award or grant agreement until it receives a satisfactory audit from the applicant. If the Department does not receive the applicant's delinquent audit within ninety (90) days after the application deadline, the application will be considered withdrawn by the applicant.(B) Multiple delinquent audits. An applicant with more than one delinquent federal single audit is ineligible to participate in the TxCDBG Program.(C) Delinquency of five years or more. An applicant that has been delinquent in meeting federal single audit requirements or that has failed to submit a required single audit for five years or more is ineligible to participate in the TxCDBG Program for a period of five years. After the five-year ineligibility period, the applicant may re-establish eligibility by following the program eligibility process described in Policy Issuance 12-01 or the TxCDBG Project Implementation Manual.(7) Other application requirements. Other threshold requirements relevant to a particular grant program may be included in the RFA.4 Tex. Admin. Code § 30.6
The provisions of this §30.6 adopted to be effective January 19, 1994, 19 TexReg 68; amended to be effective October 31, 1994, 19 TexReg 8107; amended to be effective October 30, 1995, 20 TexReg 8441; amended to be effective August 5, 1997, 22 TexReg 6937; amended to be effective February 3, 1998, 23 TexReg 741; amended to be effective November 24, 1998, 23 TexReg 11795; amended to be effective August 18, 1999, 24 TexReg 6281; amended to be effective November 6, 2001, 26 TexReg 8799; transferred effective October 31, 2001, as published in the Texas Register August 2, 2002, 27 TexReg 6835; amended to be effective January 26,2003, 28 TexReg 537; amended to be effective May 4, 2003, 28 TexReg 3712; amended to be effective October 26, 2003, 28 TexReg 9240; amended to be effective May 4, 2004, 29 TexReg 4146; amended to be effective November 23, 2004, 29 TexReg 10715; amended to be effective June 26, 2005, 30 TexReg 3568; amended to be effective January 1, 2006, 30 TexReg 8682; amended to be effective March 4, 2007, 32 TexReg 829; amended to be effective February 28, 2008, 33 TexReg 1515; amended to be effective March 19, 2009, 34 TexReg 1799; amended to be effective January 1, 2010, 34 TexReg 7790; amended to be effective May 29, 2011, 36 TexReg 3329; transferred effective October 1, 2011, as published in the Texas Register December 23, 2011, 36 TexReg 9011; amended by Texas Register, Volume 39, Number 52, December 26, 2014, TexReg 10401, eff. 1/1/2015; Adopted by Texas Register, Volume 47, Number 34, August 26, 2022, TexReg 5099, eff. 8/28/2022