1. (a) Purpose. Project Access is a program with a preference in the Department's Annual Public Housing Agency ("PHA") Plan that utilizes federal Section 8 Housing Choice Vouchers administered by the Texas Department of Housing and Community Affairs (the "Department") to assist low-income persons with disabilities in transitioning from institutions into the community by providing access to affordable housing.
2. (b) Definitions. Section 8--The U.S. Department of Housing and Urban Development ("HUD") Section 8 Housing Choice Voucher Program administered by the Department.
3. (c) Regulations Governing Program. All Section 8 Program rules and regulations apply to the program.

4. (d) Program Design.

   1. (1) At least 90 percent of Project Access Vouchers will be reserved for households with a household member who meets the eligibility criteria of subsection (e)(1) and (2) of this section.
   2. (2) Unless no longer authorized as a set-aside by HUD, no more than 10 percent of Project Access Vouchers will be reserved for households with a household member eligible for a pilot program in partnership with the Department of State Health Services ("DSHS") for Texas state psychiatric hospitals who meets the criteria of subsection (e)(1) and (3) of this section at the time of voucher issuance. If not permitted by HUD, the percentage in paragraph (1) of this subsection goes up to 100%.
   3. (3) The total number of Project Access Vouchers will be determined each year in the Department's PHA Plan. The number of vouchers allocated to each sub-population listed in paragraphs (1) and (2) of this subsection will be determined by the Department.
   4. (4) The Project Access households have a preference in the Department's Section 8 Program, as designated in the Department's Annual PHA Plan.

5. (e) Project Access Eligibility Criteria. A Project Access voucher household must meet all Section 8 eligibility criteria, and one member of the household must meet all of the eligibility criteria in paragraph (1) of this subsection and either paragraph (2) or (3) of this subsection:

   1. (1) have a permanent disability as defined in §223 of the Social Security Code or be determined to have a physical, mental, or emotional disability that is expected to be of long-continued and indefinite duration that impedes one's ability to live independently; and

   2. (2) meet one of the criteria in subparagraphs (A) or (B) of this paragraph:

      1. (A) At-Risk Applicant. At-Risk applicants must be a previous resident of a nursing facility, Texas state psychiatric hospital, intermediate care facility, or board and care facility as defined by HUD and meet the criteria of clause (i) or (ii) of this subparagraph:

         1. (i) A current recipient of Tenant-Based Rental Assistance ("TBRA") from a HOME Investment Partnership Program and within six (6) months prior to expiration of that TBRA assistance; or
         2. (ii) A household with a household member who meets the criteria of subsection (f) of this section, or clause (i) of this subparagraph and has lost their Tenant Based Rental Assistance from a HOME Investment Partnership Program due to lack of available funding from the Participating Jurisdiction.
      2. (B) be a current resident of a nursing facility, Texas state psychiatric hospital, intermediate care facility, or board and care facility as defined by HUD at the time of voucher issuance, unless otherwise determined by HUD which may extend Project Access to all state regulated institutions; or
   3. (3) be eligible for the DSHS pilot program for Texas state psychiatric hospitals at the time of placement on the waiting list.

6. (f) Maintaining Status on the Project Access Waiting List. A household on the Project Access waiting list may maintain their status on the waiting list and eligibility for a Project Access voucher if the household:

   1. (1) applied for a Project Access Voucher and was placed on the waiting list prior to transition out of the institution; and
   2. (2) received continuous Tenant Based Rental Assistance from a HOME Investment Partnership Program or other Department funding for rental assistance from the time of exit from the institution until the issuance of the Project Access voucher.

Source Note:The provisions of this §5.801 adopted to be effective March 12, 2009, 34 TexReg 1581; amended to be effective December 22, 2010, 35 TexReg 11201; amended to be effective December 8, 2011, 36 TexReg 8368; amended to be effective December 16, 2012, 37 TexReg 9618; amended to be effective January 2, 2014, 38 TexReg 9492; amended to be effective March 22, 2015, 40 TexReg 1370.