The capitalized terms or phrases used herein are defined in
the title. Any other capitalized terms in the subchapter shall have
the meaning defined in Chapter 2306 of the Texas Government Code,
Chapter 303, Texas Local Government Code, , and other state or Department
rules, as applicable. Defined terms, when not capitalized, are to
be read in context and construed according to common usage.
(1) Audit Report--A report completed by an Auditor
or compliance expert, in a manner and format prescribed by the Department.
(2) Auditor--An individual who is an independent auditor
or compliance expert with an established history of providing similar
audits on housing compliance matters, meeting the criteria established
herein.
(3) Board--The governing board of the Texas Department
of Housing and Community Affairs.
(4) Chief Appraiser--The chief appraiser of the appraisal
district in which a Development is located.
(5) Department--The Texas Department of Housing and
Community Affairs.
(6) Development--A multifamily residential development
owned by a Public Facility Corporation and operated by an Operator.
(7) Housing Choice Voucher Program--The housing choice
voucher program under Section 8, United States Housing Act of 1937
(42 U.S.C. Section 1437(f).
(8) HUD--The United States Department of Housing and
Urban Development.
(9) Public Facility Corporation (PFC)--A nonprofit
corporation that can be created by a municipality, county, school
district, housing authority or a Sponsor, as outlined in Chapter 303
of the Texas Local Government Code.
(10) Public Facility User--a public-private partnership
entity or a developer or other private entity that has an ownership
interest or a leasehold or other possessory interest in a public facility
that is a multifamily residential development. For purposes of all
provisions within this rule, the terms "Public Facility User" and
"Operator" shall have the same meaning and shall be interchangeable.
(11) Regulatory Agreement--A Land Use Restriction Agreement
(LURA), Ground Lease, Deed Restriction, and any similar restrictive
instrument that is recorded in the real property records of the county
in which the Development is located.
(12) Responsible Parties--The Texas Comptroller of
Public Accounts, and with respect to a Development, the applicable
Operator, the PFC, the governing body of the PFC's Sponsor, and, if
the PFC's Sponsor is a housing authority, the elected officials responsible
for appointing the housing authority's governing board.
(13) Restricted Unit--A residential unit in a Development
that is reserved for or occupied by a household meeting certain income
limitations established in the Regulatory Agreement, with rent for
such unit restricted as set forth in these rules. Restricted Units
may float in a Development and need not be permanently fixed.
(14) Sponsor--A municipality, county, school district,
housing authority, or special district that causes a corporation to
be created to act in accordance with Chapter 303, Texas Local Government
Code.
(15) Unit Type--Means the type of unit determined by
the number of bedrooms.
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