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 to assist low-income non-elderly persons with disabilities in transitioning from institutions into the community by providing access to affordable housing. The purpose of this rule is to define the eligibility criteria that apply to Project Access voucher recipients.

2. (b) Definitions.

   1. (1) Board--The board of directors of the department.
   2. (2) Department--The Texas Department of Housing and Community Affairs.
   3. (3) Section 8--The United States Department of Housing and Urban Development Section 8 Housing Choice Voucher Program administered by the Texas Department of Housing and Community Affairs.

   4. (4) At-Risk Applicant--Applicant that meets the following criteria:

      1. (A) current recipient of Tenant-Based Rental Assistance from the Department's HOME Investments Partnership Program; and
      2. (B) within 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) Project Access Eligibility Criteria. A Project Access voucher recipient must meet all Section 8 eligibility criteria as well as meet all of the following eligibility criteria:

   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) be less than 62 years of age at the time of voucher issuance; and

   3. (3) meet one of the following criteria:

      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; 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 the U.S. Department of Housing and Urban Development.

Source Note:The provisions of this §8.1 adopted to be effective May 29, 2008, 33 TexReg 4133.