The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Additional definitions may be found in Texas Government Code, Chapter 2306 or Chapter 20 of this title (relating to Single Family Programs Umbrella Rule).

1. (1) Affiliate--If, directly or indirectly, either one controls or has the power to Control the other or a third person Controls or has the power to Control both. The Department may determine Control to include, but not be limited to:

   1. (A) interlocking management or ownership;
   2. (B) identity of interests among family members;
   3. (C) shared facilities and equipment;
   4. (D) common use of employees; or
   5. (E) a business entity which has been organized following the exclusion of a person which has the same or similar management, ownership, or principal employees as the excluded person.
2. (2) Affiliated Party--A Person with a contractual relationship with the Administrator through an Agreement with the Department.
3. (3) Application Submission Procedures Manual (ASPM)--The manual that sets forth the procedures, forms, and instructions for the completion and submission of an Application to the Department.
4. (4) CFR--Code of Federal Regulations.
5. (5) Commitment of Funds--Occurs when the Activity or a Project is approved by the Department and set up in the Integrated Disbursement and Information System (IDIS) established by U.S. Department of Housing and Urban Development (HUD).
6. (6) Control--The possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any Person, whether through the ownership or voting securities, by contract or otherwise, including ownership of more than 50 percent of the General Partner interest in a limited partnership, or designation as a managing member of a limited liability company or managing General Partner of a limited partnership or any similar member.
7. (7) Development Site--The area, or if scattered site, areas on which the development is proposed to be located.
8. (8) Direct Project Costs--The total of hard construction costs, demolition costs, aerobic septic systems, refinancing costs (as applicable), acquisition and closing costs, rental and utility subsidy and deposits, and Match funds.
9. (9) HOME Final Rule--The regulations with amendments promulgated at 24 CFR, Part 92 as published by HUD for the HOME Investment Partnerships Program at 42 U.S.C.§§12701 - 12839.
10. (10) Homeownership--Ownership in fee simple title in a 1 to 4 unit dwelling or in a condominium unit, or equivalent form of ownership approved by the Department. Right to possession under a contract for deed, installment contract, or land contract (pursuant to which the deed is not given until the final payment is made) is not Homeownership.
11. (11) Match--Funds contributed to a Project that meet the requirements of 24 CFR §§92.218 - 92.220. Match contributed to a Project or Activity does not include mortgage revenue bonds, HOME-match eligible projects, and cannot include any other sources of Department funding unless otherwise approved in writing by the Department.
12. (12) Person--Any individual, partnership, corporation, association, unit of government, community action agency, or public or private organization of any character.
13. (13) Persons with Special Needs--Individuals or categories of individuals determined by the Department to have unmet housing needs as provided in the Consolidated Plan and the State's One Year Action Plan.

14. (14) Predevelopment Costs--Costs related to a specific eligible Project including:

    1. (A) Predevelopment housing project costs that the Department determines to be customary and reasonable, including but not limited to consulting fees, costs of preliminary financial applications, legal fees, architectural fees, engineering fees, engagement of a development team, and site control;
    2. (B) Pre-construction housing project costs that the Department determines to be customary and reasonable, including but not limited to, the costs of obtaining firm construction loan commitments, architectural plans and specifications, zoning approvals, engineering studies and legal fees; and
    3. (C) Predevelopment costs do not include general operational or administrative costs.

15. (15) Principal--A Person, or Persons, that will exercise Control over a partnership, corporation, limited liability company, trust, or any other private entity. In the case of:

    1. (A) Partnerships: Principals include all General Partners, special limited partners, and Principals with ownership interest;
    2. (B) Corporations: Principals include any officer authorized by the board of directors to act on behalf of the corporation, including the president, vice president, secretary, treasurer, and all other executive officers, and each stock holder having a 10 percent or more interest in the corporation; and
    3. (C) Limited liability companies: Principals include all managing members, members having a 10 percent or more interest in the limited liability company or any officer authorized to act on behalf of the limited liability company.
16. (16) Project--A single housing unit with a unique physical address. A Project may also refer to an individual Project, Development, or site.
17. (17) Reservation System Participant (RSP)--Administrator who has executed a written agreement with the Department that allows for participation in the Reservation System.
18. (18) Service Area--The city(ies), county(ies) and/or place(s) identified in the Application and/or Agreement that the Administrator will serve.
19. (19) Texas Minimum Construction Standard (TMCS)--The program standard used to determine the minimum acceptable housing condition for the purposes of rehabilitation.

20. (20) Third Party--A Person who is not:

    1. (A) an Applicant, Administrator, Borrower, General Partner, Developer, Development Owner, or General Contractor; or
    2. (B) an Affiliate, Affiliated Party to the Applicant, Administrator, Borrower, General Partner, Developer, Development Owner, or General Contractor; or
    3. (C) a Person receiving any portion of the administration, contractor fee, or developer fee.

Source Note:The provisions of this §23.2 adopted to be effective October 31, 2012, 37 TexReg 8476; amended to be effective January 5, 2014, 38 TexReg 9493.