1. (a) The Department administers all HTF funds provided to the Department in accordance with Texas Government Code, Chapter 2306. The Department may solicit gifts and grants to endow the fund.

2. (b) Pursuant to Texas Government Code, §2306.202(b), use of the HTF is limited to providing:

   1. (1) assistance for individuals and families of low and very low income;
   2. (2) technical assistance and capacity building to nonprofit organizations engaged in developing housing for individuals and families of low and very low income;
   3. (3) security for repayment of revenue bonds issued to finance housing for individuals and families of low and very low income; and
   4. (4) subject to the limitations in Texas Government Code, §2306.251, the Department may also use the fund to acquire property to endow the fund.
3. (c) Regional Allocation. Funds shall be allocated to achieve broad geographic dispersion by awarding funds in accordance with Texas Government Code, §2306.111(d) and (g).

4. (d) Set-Asides. In accordance with Texas Government Code, §2306.202(a) and program guidelines:

   1. (1) in each biennium, the first $2.6 million available through the HTF for loans, grants, or other comparable forms of assistance shall be set aside and made available exclusively for Local Units of Government, Public Housing Authorities, and Nonprofit Organizations;
   2. (2) any additional funds may also be made available to for-profit organizations provided that at least 45 percent of available funds, as determined on September 1 of each state fiscal year, in excess of the first $2.6 million shall be made available to Nonprofit Organizations; and
   3. (3) the remaining portion shall be distributed to Nonprofit Organizations, for-profit organizations, and other eligible entities, pursuant to Texas Government Code, §2306.202.

Source Note:The provisions of this §26.3 adopted to be effective November 1, 2012, 37 TexReg 8502.