1. (a) To ensure a clear understanding of the terminology used in the context of the Department's Homeless Programs, a list of terms and definitions has been compiled as a reference.

2. (b) 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 or 2 of this Title, or in federal or state law.

   1. (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. (2) Allocation Formula--Mathematical relationship among factors that determines how much funding is available in an area or region.
   3. (3) Applicant--A unit of local government, nonprofit corporation or other entity, as applicable, who has submitted to the Department or to an ESG Coordinator an Application for Department funds or other assistance.
   4. (4) Application--A request for a Contract award submitted by an Applicant to the Department or to an ESG Coordinator, in a form prescribed by the Department, including any exhibits or other supporting material.
   5. (5) At-risk of Homelessness--As defined by 24 CFR §576.2, except that Program Participants for state funds are subject to income limits set by Subrecipients that, at a minimum, do not exceed the moderate income level pursuant to Tex. Gov't Code §2306.152.
   6. (6) 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.
   7. (7) Concern--A policy, practice or procedure that has not yet resulted in a Finding but if not changed will or may result in Findings and/or disallowed costs.
   8. (8) Continuum of Care ("CoC")--The CoC Program is a HUD-funded 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. HUD requires representatives of relevant organizations to form a CoC to serve a specific geographic area; the Department and the CoCs are required by HUD to coordinate relating to the ESG Program as set forth in 24 CFR §576.400. This does not include any funds given from the State to a specific CoC.
   9. (9) CoC Lead Agency--CoC collaborative applicant per 24 CFR §578.3.
   10. (10) 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.
   11. (11) Contract System--Either the Community Affairs Contract System or the Housing Contract System established by the Department, as required by the program.
   12. (12) Contract Term--Period of time identified in the contract during which program activities may be conducted.
   13. (13) Contracted Funds--The gross amount of funds obligated by the Department to a Subrecipient as reflected in a Contract.
   14. (14) Cost Reimbursement--A Contract sanction whereby reimbursement of costs incurred by the Subrecipient is made only after the Department has reviewed and approved backup documentation provided by the Subrecipient to support such costs.
   15. (15) 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).
   16. (16) Department of Housing and Urban Development ("HUD")--Federal department that provides funding for ESG.
   17. (17) 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.

   18. (18) Elderly Person--

       1. (A) For state funds, a person who is 60 years of age or older; and
       2. (B) For ESG, a person who is 62 years of age or older.
   19. (19) Ending Homelessness ("EH") Fund--The voluntary-contribution state program established by Texas Transportation Code §502.415.
   20. (20) 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.
   21. (21) ESG Coordinator--CoC Lead Agency or its designee that administers a competition for funds in its CoC region and recommends ESG awards to the Department based on its competition.
   22. (22) ESG Interim Rule--The regulations with amendments promulgated at 24 CFR Part 576 as published by HUD for the ESG Program.
   23. (23) Expenditure--An amount of money accounted for by a Subrecipient as spent.
   24. (24) 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.
   25. (25) Head of Household--As defined in the most recent Homeless Management Information System ("HMIS") Data Dictionary issued by HUD.
   26. (26) HMIS-Comparable Database--Database established and operated by a victim service provider or legal service provider that is comparable to HMIS and collects client-level data over time.
   27. (27) HMIS Data Dictionary--The Dictionary published by HUD which defines terms for the use of HMIS and comparable databases.
   28. (28) HMIS Data Standards--Manual published by HUD which documents the requirements for the programming and use of all HMIS and comparable databases.
   29. (29) HMIS Lead Agency--The entity designated by the CoC to operate the CoC's HMIS on its behalf.
   30. (30) 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.
   31. (31) Homeless Housing and Services Program ("HHSP")--The state-funded program established under Tex. Gov't Code §2306.2585.
   32. (32) 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 client-level data and data on the provision of housing and services to homeless individuals and families and persons at-risk of homelessness.
   33. (33) Homeless Programs--Reference to programs that have the specific purpose of addressing homelessness administered by the Department, including ESG Program, HHSP, and EH Fund.

   34. (34) Homeless Subpopulations--Persons experiencing Homelessness who are part of the following population categories, or as defined in the most recent Point In Time Data Collection guidance issued by HUD:

       1. (A) Children of Parenting Youth;
       2. (B) Parenting Youth;
       3. (C) Persons Experiencing Chronic Homelessness;
       4. (D) Persons Experiencing Severe Mental Illness;
       5. (E) Persons with Chronic Substance Use Disorder;
       6. (F) Persons with HIV/AIDS;
       7. (G) Unaccompanied Youth;
       8. (H) Veterans; and
       9. (I) Victims of Domestic Violence.
   35. (35) Household--A Household is a single individual or a group of persons who apply together for assistance and who live together in one (1) Dwelling Unit, or, for persons who are not housed or in a shelter, who would live together in one (1) Dwelling Unit if they were housed, or as defined in the most recent HMIS Data Dictionary issued by HUD.
   36. (36) 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.
   37. (37) Land Use Restriction Agreement ("LURA")--An agreement, regardless of its title, between the Department and the shelter property owner which is a binding covenant upon the shelter property owner and successors in interest, that, when recorded, encumbers the property with respect to the requirements of the programs for which it receives funds.
   38. (38) Local Competition--ESG Coordinators running a competition for ESG funding on behalf of the Department for their respective CoC regions.
   39. (39) Match--A program requirement of ESG which is governed by 24 CFR §576.201.
   40. (40) Means-Tested Veterans Program--A program whereby applicants receive payments under Sections 415, 521, 541, or 542 of Title 38, United States, or under section 306 of the Veterans' and Survivors' Pension Improvement Act of 1978.
   41. (41) Monthly Expenditure Report--Information on Expenditures from Subrecipients to the Department.
   42. (42) Monthly Expenditure Report Guide--Document posted on the Department website which provides guidance for Subrecipients to complete a Monthly Expenditure Report.
   43. (43) Monthly Performance Report--Information on program participants and program activities from Subrecipients to the Department.
   44. (44) Monthly Performance Report Guide--Document posted on the Department website which provides guidance for Subrecipients to complete a Monthly Performance Report.
   45. (45) Notice of Funding Availability ("NOFA")--Notice of Funding Availability or announcement of funding published by the Department notifying the public of available funds for a Program with certain requirements.
   46. (46) Observation--A notable policy, practice or procedure observed though the course of monitoring.
   47. (47) Office of Management and Budget ("OMB")--Office within the Executive Office of the President of the United States that oversees the performance of federal agencies and administers the federal budget.
   48. (48) OMB Circulars--Instructions and information issued by OMB to Federal agencies that set forth principles and standards for determining costs for federal awards and establish consistency in the management of grants for federal funds. Uniform cost principles and administrative requirements for local governments and for nonprofit organizations, as well as audit standards for governmental organizations and other organizations expending federal funds are set forth in 2 CFR Part 200, unless different provisions are required by statute or approved by OMB.
   49. (49) Outcome--A benefit or change achieved by a Program Participant served by the Department's homeless programs.
   50. (50) Performance Target--Number of persons/Households served, outcomes reached, or construction/rehabilitation/conversion that the Subrecipient commits to accomplish during the Contract Term.
   51. (51) Private Nonprofit Organization--An organization described in §501(c) of the Internal Revenue Code (the "Code") of 1986 and which is exempt from taxation under subtitle A of the Code, has an accounting system and a voluntary board, and practices nondiscrimination in the provision of assistance. This does not include a governmental organization such as a public housing authority or a housing finance agency.
   52. (52) Project--A group of eligible activities identified in an Application or Contract to the Department, and designated in HMIS or HMIS-comparable database.
   53. (53) Program Participant--An individual or Household that is assisted by a Homeless Program.
   54. (54) Program Year--Contracts with funds from a specific federal allocation (ESG) or year of a state biennium (HHSP).
   55. (55) Service Area--The city(ies), county(ies) and/or place(s) identified in the Application (as applicable), and Contract that the Subrecipient will serve.
   56. (56) Single Audit--The audit required by OMB, 2 CFR Part 200, Subpart F, or the State of Texas Single Audit Circular, as reflected in an audit report.
   57. (57) State--The State of Texas or the Department, as indicated by context.
   58. (58) Subcontractor--A person or an organization with whom the Subrecipient contracts to provide services.
   59. (59) Subgrant--An award of financial assistance in the form of money made under a grant by a Subrecipient to an eligible Subgrantee. The term includes financial assistance when provided by contractual legal agreement, but does not include procurement purchases.
   60. (60) Subgrantee--The legal entity to which a Subgrant is awarded and which is accountable to the Subrecipient for the use of the funds provided.
   61. (61) Subrecipient--An organization that receives federal or states funds passed through the Department to operate ESG and/or state funded homeless programs.
   62. (62) Supplemental Security Income ("SSI")--A means tested program run by the Social Security Administration.
   63. (63) Texas Administrative Code ("TAC")--A compilation of all state agency rules in Texas.
   64. (64) Uniform Grant Management Standards ("UGMS")--The standardized set of financial management procedures and definitions established by Tex. Gov't Code Chapter 783 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 Housing Authorities, and Housing Finance Agencies. See Chapter 1, Subchapter D of this Title for additional information.
   65. (65) Unit of General Purpose Local Government--A unit of government which has, among other responsibilities, the authority to assess and collect local taxes and to provide general governmental services.
   66. (66) United States Code ("U.S.C.")--A consolidation and codification by subject matter of the general and permanent laws of the United States.
   67. (67) United States Department of Veteran Affairs ("VA")--Federal department that serves America's Veterans and their families with medical care, benefits, social support, and lasting memorials promoting the health, welfare, and dignity of all Veterans in recognition of their service.

Source Note:The provisions of this §7.2 adopted to be effective July 22, 2018, 43 TexReg 4728.