Texas Department of Housing & Community Affairs - Building Homes and Strengthening Communities

Program Services Announcements

COVID-19

COVID-19 and Davis-Bacon labor standards: If you have any questions about how to handle Davis-Bacon issues, such as employee interviews or on-site worker matters, please contact Carmen Roldan, Sr. Federal Labor Standards Specialist at carmen.roldan@tdhca.state.tx.us.

Environmental Review Guidance due to COVID-19 restrictions on personal interactions. Due to the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak and restrictions on personal interactions, the Office of Environment and Energy (OEE) has issued new guidance on completing environmental reviews during this time. The following procedures as they pertain to TDHCA are as follows: Environmental Review – COVID-19 (DOCX)

HUD Section 3: COVID-19 FAQ (PDF). Fair Housing & Equal Opportunity, HUD COVID-19 Resources (hud.gov)

HUD Section 3: Final Rule 2020

HUD published the “Final Rule” (24 CFR 75 [formerly 24 CFR 135]) in the Federal Register 9/29/20, https://www.federalregister.gov/d/2020-19185. Section 3 “Goals” and “Benchmarks” changed from 30% of New Hires to 25% of total labor hours for all Section 3 workers and 5% of total hours for “Targeted Section 3 Workers” (a new designation). Although the Final Rule becomes effective November 30, 2020, compliance with the Final Rule will start with the first full fiscal year after July 1, 2021. For TDHCA and its awardees, this means September 1, 2021. This compliance will include reporting percentages of work hours prescribed in the Rule, among other new requirements.

Labor Standards CWHSSA Liquidated Damages

Penalty increases for failure to pay overtime wage rate.  The change affects the Contract Work Hours and Safety Standards Act (CWHSSA) under The Federal Civil Penalties Inflation Adjustment Act Improvements Act enacted in 2015. The law allows adjustments for inflation each year in January.

CWHSSA (29 CFR 5.8) falls under the umbrella of the Davis Bacon and Related Acts (DBRA) labor laws that apply to TDHCA federally funded projects that are subject to comply with DBRA.

The CWHSSA “liquidated damages” penalizes employers for failing to pay laborers and mechanics overtime hours (exceeding 40 per week), at a rate not less than one and one-half times their basic rate.  The penalty for this infraction remains $27 per day per event (per worker) effective January 16, 2020.

Contract Work Hours and Safety Standards Act (CWHSSA) Summary of 2018 Change

For more information on the adjustment law and rules, please go to https://www.dol.gov/whd/govcontracts/cwhssa.htm .