The following words and terms, when used in this subchapter,
shall have the following meanings, unless the context clearly indicates
otherwise. Capitalized words used herein have the meaning assigned
in the specific Chapters and Rules of this title that govern the program
associated with the request, or assigned by federal or state law.
(1) Affiliate--Shall have the meaning assigned by the
specific program or programs described in this part.
(2) Department--The Texas Department of Housing and
Community Affairs.
(3) Equipment--tangible personal property having a
useful life of more than one year or a per-unit acquisition cost which
equals or exceeds the lesser of the capitalization level established
by entity for financial statement purposes, or $5,000.
(4) Executive Award Review and Advisory Committee (EARAC)--the
Committee established in Tex. Gov't Code chapter 2306, that recommends
the award or allocation of any Department funds or resources.
(5) Professional services--for a unit of government
is as defined by state law. For Private Nonprofit Organizations it
means services:
(A) within the scope of the practice, as defined by
state law, of:
(i) accounting;
(ii) architecture;
(iii) landscape architecture;
(iv) land surveying;
(v) medicine;
(vi) optometry;
(vii) professional engineering;
(viii) real estate appraising;
(ix) professional nursing; or
(x) legal services; or
(B) provided in connection with the professional employment
or practice of a person who is licensed or registered as:
(i) a certified public accountant;
(ii) an architect;
(iii) a landscape architect;
(iv) a land surveyor;
(v) a physician, including a surgeon;
(vi) an optometrist;
(vii) a professional engineer;
(viii) a state certified or state licensed real estate
appraiser;
(ix) attorney; or
(x) a registered nurse.
(6) Single Audit--The audit required by Office of Management
and Budget (OMB), 2 CFR Part 200, Subpart F, or Tex. Gov't Code, chapter
783, Uniform Grant and Contract Management, as reflected in an audit
report.
(7) Single Audit Certification Form--A form that lists
the source(s) and amount(s) of Federal funds and/or State funds expended
by the Subrecipient during their fiscal year along with the outstanding
balance of any loans made with federal or state funds if there are
continuing compliance requirements other than repayment of the loan.
(8) Subrecipient--Includes an entity receiving or applying
for federal or state funds from the Department under Chapters 6, 7,
or 20, or as identified by Contract or in this subchapter. Except
as otherwise noted in this subchapter or by Contract, the definition
does not include Applicants/Owners who have applied for and/or received
funds under a program administered by the Multifamily Finance Division,
except for CHDO Operating funds, a grant made to a unit of government
or nonprofit organization, or Affiliate, or TCAP-RF grants or loans
when made to a unit of government or nonprofit organization or Affiliate.
A Subrecipient may also be referred to as Administrator.
(9) Supplies--means tangible personal property other
than "Equipment" in this section.
(10) Texas Grant Management Standards (TxGMS)--The
standardized set of financial management procedures and definitions
established by Tex. Gov't Code, chapter 783 regarding Uniform Grant
and Contract Management to promote the efficient use of public funds
by requiring consistency among grantor agencies in their dealings
with grantees, and by ensuring accountability for the expenditure
of public funds. State agencies are required to adhere to these standards
when administering grants and other financial assistance agreements
with cities, counties and other political subdivisions of the state.
This includes all Public Organizations including public housing and
housing finance agencies. In addition, Tex. Gov't Code Chapter 2105,
regarding Administration of Block Grants, subjects subrecipients of
federal block grants (as defined therein) to TxGMS.
(11) Uniform Grant Management Standards (UGMS)--the
standardized set of financial management procedures used by the Department
in Contracts that began before January 1, 2022.
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