The words and terms in this chapter shall have the meanings
described in this subsection unless the context clearly indicates
otherwise. Other definitions may be found in Chapters 1 of this title,
concerning Administration, Chapter 2 of this title, concerning Enforcement,
or in federal or state law, including, but not limited to, 24 CFR
Parts 91, 200, 576, 582, and 583, and UGMS or TXGMS, as applicable.
(1) Affiliate--An entity related to an Applicant that
controls by contract or by operation of law the Applicant or has the
power to control the Applicant or a third entity that controls, or
has the power to control both the Applicant and the entity. Examples
include but are not limited to entities submitting under a common
application, or instrumentalities of a unit of government. This term
also includes any entity that is required to be reported as a component
entity under Generally Accepted Accounting Standards, is required
to be part of the same Single Audit as the Applicant, is reported
on the same IRS Form 990, or is using the same federally approved
indirect cost rate.
(2) Allocation Formula--Mathematical relationship among
factors, authorized by the Board, that determines, when applicable,
how much funding is available in an area or region in Subchapters
B, C, and D of this chapter, relating to Homelessness Programs.
(3) Applicant--A unit of local government, nonprofit
corporation or other entity, as applicable, who has submitted to the
Department an Application for Department funds or other assistance.
(4) Application--A request for a Contract award submitted
by an Applicant to the Department, in a form prescribed by the Department,
including any exhibits or other supporting material.
(5) At-risk of Homelessness--Defined by 24 CFR §576.2,
except as otherwise defined by Contract, the income limits for Program
Participants are determined by the Subrecipient but, at a minimum,
do not exceed the moderate income level pursuant to Tex. Gov't Code §2306.152.
(6) CoC Lead Agency--CoC collaborative applicant in
the HUD CoC Program per 24 CFR §578.3.
(7) Code of Federal Regulations (CFR)--The codification
of the general and permanent rules and regulations of the federal
government as adopted and published in the Federal
Register.
(8) Continuum of Care (CoC)--The group composed of
representatives of relevant organizations, which generally includes
nonprofit homeless providers; victim service providers; faith-based
organizations; governments; businesses; advocates; public housing
agencies; school districts; social service providers; mental health
agencies; hospitals; universities; affordable housing developers;
law enforcement; organizations that serve homeless and formerly homeless
veterans, and homeless and formerly homeless persons that are organized
to plan for and provide, as necessary, a system of outreach, engagement,
and assessment; emergency shelter; rapid re-housing; transitional
housing; permanent housing; and prevention strategies to address the
various needs of homeless persons and persons at risk of homelessness
for a specific geographic area. HUD funds a CoC Program designed to
assist sheltered and unsheltered homeless people by providing the
housing and/or services needed to help individuals move into transitional
and permanent housing, with the goal of long-term stability.
(9) Contract--The executed written agreement between
the Department and a Subrecipient performing a program activity that
describes performance requirements and responsibilities assigned by
the document.
(10) Contract System--The electronic recordkeeping
system established by the Department, as required by the program.
(11) Contract Term--Period of time identified in the
Contract during which program activities may be conducted.
(12) Cost Reimbursement--A Contract sanction whereby
reimbursement of costs incurred by the Subrecipient occurs only after
the Department has reviewed all relevant documentation provided by
the Subrecipient to support Expenditures. Reimbursement will only
be approved by the Department where the documentation clearly supports
the eligible use of funds.
(13) Declaration of Income Statement (DIS)--A Department-approved
form used only when it is not possible for a Subrecipient to obtain
third-party or firsthand verification of income, per 24 CFR §576.500(e)(4).
(14) Dwelling Unit--A residence that meets Habitability
Standards that is not an emergency shelter, hotel, jail, institution,
or similar temporary lodging. Transitional Housing is included in
this definition unless the context clearly states otherwise. Common
areas supporting the Dwelling Unit are also included in this definition.
(15) Elderly Person--
(A) For state funds, a person who is 60 years of age
or older; and
(B) For ESG, a person who is 62 years of age or older.
(16) Emergency Solutions Grants (ESG)--A HUD-funded
program which provides funds for services necessary to help persons
that are at risk of homelessness or homeless quickly regain stability
in permanent housing.
(17) Emergency Solutions Grants CARES (ESG CARES)--A
HUD-funded program which provides funds for services necessary to
help persons that are at risk of homelessness or homeless quickly
regain stability in permanent housing authorized by the Coronavirus
Aid, Relief, and Economic Security Act (CARES).
(18) Ending Homelessness (EH) Fund--The voluntary-contribution
state program established in Texas Transportation Code §502.415.
(19) ESG Interim Rule--The regulations with amendments
promulgated at 24 CFR Part 576 as published by HUD for the ESG Program.
(20) Expenditure--An amount of money accounted for
by a Subrecipient as spent.
(21) Finding--A Subrecipient's material failure to
comply with rules, regulations, the terms of the Contract, or to provide
services under each program to meet appropriate standards, goals,
and other requirements established by the Department or funding source
(including performance objectives). A Finding impacts the organization's
ability to achieve the goals of the program and jeopardizes continued
operations of the Subrecipient. Findings include the identification
of an action or failure to act that results in disallowed costs.
(22) Head of Household--As defined in the most recent
Homeless Management Information System (HMIS) Data Dictionary issued
by HUD.
(23) HMIS Data Dictionary--The Dictionary published
by HUD which defines terms for the use of HMIS and comparable databases.
(24) HMIS Data Standards Manual--Manual published by
HUD which documents the requirements for the programming and use of
all HMIS and comparable databases.
(25) HMIS Lead Agency--The entity designated by the
CoC to operate the CoC's HMIS on its behalf.
(26) HMIS-Comparable Database--Database established
and operated by a victim service provider or legal service provider
that is comparable to HMIS and collects Program Participant-level
data over time.
(27) Homeless Housing and Services Program (HHSP)--The
state-funded program established under Tex. Gov't Code §2306.2585.
(28) Homeless Management Information System (HMIS)--Information
system designated by the CoC to comply with the HUD's data collection,
management, and reporting standards and used to collect Program Participant-level
data and data on the provision of housing and services to homeless
individuals and families and persons at-risk of homelessness.
(29) Homeless or Homeless Individual--An individual
as defined by 42 U.S.C. §§11371 - 11378 and 24 CFR §576.2.
For state-funded programs, a homeless individual may have right of
occupancy because of a signed lease, but still qualify as homeless
if his or her primary nighttime residence is an emergency shelter
or place not meant for human habitation.
(30) Homeless Programs--Reference to programs that
have the specific purpose of addressing homelessness administered
by the Department, including ESG Program, ESG CARES, HHSP, and EH
Fund.
(31) Homeless Subpopulations--Persons experiencing
Homelessness who are part of the special population categories as
defined by the most recent Point In Time Data Collection guidance
issued by HUD.
(32) Household--A Household is a single individual
or a group of persons who apply together for assistance and who live
together in one Dwelling Unit, or, for persons who are not housed
or in a shelter, who would live together in one Dwelling Unit if they
were housed, or as defined in the most recent HMIS Data Dictionary
issued by HUD.
(33) Households Served--A single individual or a group
of persons who apply for Homeless Program assistance, meets a Homeless
Program's eligibility requirements, receives a Homeless Program's
services, and whose data is entered into an HMIS or comparable database.
Cont'd... |
