The following words and terms, when used in this chapter, will have the following meanings, unless otherwise indicated:
- (1) "Applicant" is a county that has submitted a grant application, grant renewal documentation, or other request for funding from the Commission.
- (2) "Application" is any formal request for funding submitted by a county to the Commission.
(3) "Crime" means:
- (A) a misdemeanor punishable by confinement; or
- (B) a felony.
- (4) "Defendant" means a person accused of a crime or a juvenile offense.
- (5) "Direct Disbursement Grant" means formula-based funding available for reimbursement of indigent defense expenses to small counties that do not apply for the formula grant.
- (6) "Discretionary Grant" means discretionary-based funding awarded on a competitive basis to assist counties in developing new, innovative programs or processes designed to improve the quality of indigent defense services.
- (7) "Equalization Disbursement Grant" means formula-based funding awarded to counties through a formula based on the percentage of reimbursement counties receive for increased indigent defense expenses or other criteria approved by the Commission.
- (8) "Extraordinary Disbursement Grant" means discretionary-based funding to reimburse a county for actual extraordinary expenses for providing indigent defense services in a case or series of cases causing a financial hardship for the county.
- (9) "Fair Defense Account" is an account in the general revenue fund that may be appropriated to the Commission for the purpose of implementing the Texas Fair Defense Act.
- (10) "Fiscal Monitor" is an employee of the Commission who monitors counties fiscal processes to ensure that grant funds are spent appropriately in accordance with the Texas Fair Defense Act.
- (11) "Formula Grant" means formula-based funding awarded to counties through a formula based upon population figures or other criteria approved by the Commission.
- (12) "Grant" is a funding award made by the Commission to a Texas county.
- (13) "Grantee" means a county that is the recipient of a grant or other funds from the Commission.
(14) "Juvenile offense" means conduct committed by a person while younger than 17 years of age that constitutes:
- (A) a misdemeanor punishable by confinement; or
- (B) a felony.
- (15) "Special condition" means a requirement placed on a county by the Commission that must be satisfied as condition of funding.
- (16) "Targeted Specific Grants" means discretionary-based funding awarded to counties by the Commission for a specific program designed to promote and assist counties' compliance with the requirements of state law relating to indigent defense.
- (17) "Technical Support Grants" means discretionary-based funding awarded to counties to improve the quality of indigent defense services, raise the knowledge base about indigent defense, and establish processes that can be generalized to similar situations in other counties.
- (18) "Texas Indigent Defense Commission" (Commission) is the governmental entity established and governed by §79.002 of the Texas Government Code.
- (19) "UGMS" means the Uniform Grant Management Standards promulgated by the Office of the Comptroller.
Source Note:The provisions of this §173.102 adopted to be effective September 13, 2012, 37 TexReg 7083.