1. (a) Purpose. Project Access is a program 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.

   1. (1) Section 8--The United States Department of Housing and Urban Development Section 8 Housing Choice Voucher Program administered by the Department.

   2. (2) At-Risk Applicant--Applicant that meets the criteria in subparagraphs (A) and (B) of this paragraph:

      1. (A) current recipient of Tenant-Based Rental Assistance from the Department's HOME Investments Partnership Program; and
      2. (B) within one-hundred-twenty (120) days prior to expiration of assistance.
3. (c) Regulations Governing Program. All Section 8 Program rules and regulations apply to the program.

4. (d) Program Design.

   1. (1) At least 70 percent of Project Access Vouchers will be reserved for persons under the age of sixty-two (62) at the time of voucher issuance that meet the eligibility criteria of subsection (e)(1) and (2) of this section.
   2. (2) No more than 20 percent of Project Access Vouchers will be reserved for persons at or over the age of sixty-two (62) at the time of voucher issuance, meeting the Project Access eligibility criteria in subsection (e)(1) and (2) of this section.
   3. (3) No more than 10 percent of Project Access Vouchers will be reserved for individuals eligible for a pilot program in partnership with the Department of State Health Services (DSHS) and the Department for current residents of Texas state psychiatric hospitals that meet the criteria of subsection (e)(1) and (3) of this section at the time of voucher issuance.
   4. (4) The total number of Project Access Vouchers will be determined each year in the Departmental Annual Public Housing Agency (PHA) Plan. The number of vouchers allocated to each sub-population listed in paragraphs (1) - (3) of this subsection will be determined by the Department.

5. (e) Project Access Eligibility Criteria. A Project Access voucher recipient must meet all Section 8 eligibility criteria as well as 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;

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

      1. (A) be an At-Risk Applicant and a previous resident of a nursing facility, intermediate care facility, or board and care facility as defined by the U.S. Department of Housing and Urban Development (HUD); or
      2. (B) be a current resident of a nursing facility, intermediate care facility, or board and care facility at the time of voucher issuance as defined by HUD;
   3. (3) be eligible for the DSHS pilot program for residents of Texas state psychiatric hospitals at the time of voucher issuance.

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.