Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 6 - COMMUNITY AFFAIRS PROGRAMS › Subchapter A - GENERAL PROVISIONS › Section 6.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) To ensure a clear understanding of the
				  terminology used in the context of the CSBG, LIHEAP, and DOE-WAP programs of
				  the Community Affairs Division, a list of terms and definitions has been
				  compiled as a reference. Any capitalized terms not specifically defined in this
				  section or any section referenced in this chapter shall have the meaning as
				  defined in Chapter 2306 of the Tex. Gov't Code, Chapter 1 of this title
				  (relating to Administration), Chapter 2 of this title (relating to
				  Enforcement), or applicable federal regulations.
(b) The words and terms in this chapter shall
				  have the meanings described in this subsection unless the context clearly
				  indicates otherwise. Refer to Subchapters B, C, and D of this chapter for
				  program specific definitions.
(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) Awarded Funds--The amount of funds or
				  proportional share of funds committed by the Department's Board to a
				  Subrecipient or Service Area.
(3)
				  Categorical Eligible/Eligibility--A method where a Subrecipient must deem a
				  Household to be eligible for LIHEAP or DOE benefits if that Household includes
				  at least one member that receives assistance under specific federal programs as
				  identified in this chapter or by Contract.
(4) Child--Household member not exceeding 18
				  years of age.
(5) 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.
(6) Community Action
				  Agencies (CAAs)--Private Nonprofit Organizations and Public Organizations that
				  carry out the Community Action Program, which was established by the 1964
				  Economic Opportunity Act to fight poverty by empowering the poor in the United
				  States.
(7) Community Services
				  Block Grant (CSBG)--An HHS-funded program which provides funding for CAAs and
				  other Eligible Entities that seek to address poverty at the community
				  level.
(8) Comprehensive Energy
				  Assistance Program (CEAP)--A LIHEAP-funded program to assist low-income
				  Households, in meeting their immediate home energy needs.
(9) Concern--A policy, practice or procedure
				  that has not yet resulted in a Finding or Deficiency, but if not changed will
				  or may result in a Finding or Deficiency.
(10) Contract--The executed written agreement
				  between the Department and a Subrecipient performing an activity related to a
				  program that describes performance requirements and responsibilities assigned
				  by the document, for which the first day of the Contract Term is the point at
				  which program funds may be considered by a Subrecipient for Expenditure, unless
				  otherwise directed in writing by the Department.
(11) Contract System--A web-based data
				  collection platform which allows Subrecipients of Community Services programs
				  to sign and view Contracts and submit performance and financial reports
				  online.
(12) Contract Term--The
				  period of Expenditure under a Contract.
(13) Contracted Funds--The gross amount of
				  funds Obligated by the Department to a Subrecipient as reflected in a
				  Contract.
(14) Cost
				  Reimbursement--A Contract sanction whereby reimbursement of costs incurred by
				  the Subrecipient is made only after the Department has conducted such review as
				  it deems appropriate, which may be complete or limited, such as on a sampling
				  basis, and approved backup documentation provided by the Subrecipient to
				  support such costs. Such a review and approval does not serve as a final
				  approval and all uses of advanced funds remain subject to review in connection
				  with future or pending reviews, monitoring, or audits.
(15) Declaration of Income Statement (DIS)--A
				  Department-approved form used only when it is not possible for an applicant to
				  obtain third party or firsthand verification of income.
(16) Deficiency--Consistent with the CSBG
				  Act, a Deficiency exists when an Eligible Entity has failed to comply with the
				  terms of an agreement or a State plan, or to meet a State requirement. The
				  Department's determination of a Deficiency may be based on the Eligible
				  Entity's failure to provide CSBG services, or to meet appropriate standards,
				  goals, and other requirements established by the State, including performance
				  objectives, or as provided for in §
											RSA
				  2.203(b) of this
				  title (relating to Termination and Reduction of Funding for CSBG Eligible
				  Entities). A Finding, Observation, or Concern that is not corrected, or is
				  repeated, may become a Deficiency.
(17) Deobligate/Deobligation--The partial or
				  full removal of Contracted Funds from a Subrecipient. Partial Deobligation is
				  the removal of some portion of the full Contracted Funds from a Subrecipient,
				  leaving some remaining balance of Contracted Funds to be administered by the
				  Subrecipient. Full Deobligation is the removal of the full amount of Contracted
				  Funds from a Subrecipient. This definition does not apply to CSBG
				  non-Discretionary funds.
(18)
				  Department of Energy (DOE)--Federal department that provides funding for a
				  weatherization assistance program.
(19) Department of Health and Human Services
				  (HHS)--Federal department that provides funding for CSBG and LIHEAP energy
				  assistance and weatherization.
(20)
				  Discretionary Funds--CSBG funds, excluding the 90% of the state's annual
				  allocation that is designated for statewide allocation to CSBG Eligible
				  Entities under §
											RSA
				  6.203 of this subchapter (relating to Formula
				  for Distribution of CSBG Funds) and state administrative funds, maintained by
				  the Department, at its discretion, for CSBG allowable uses as authorized by the
				  CSBG Act.
(21) Dwelling Unit--A
				  house, including a stationary mobile home, an apartment, a group of rooms, or a
				  single room occupied as separate living quarters.
(22) Elderly Person--
(A) For CSBG, a person who is 55 years of age
				  or older; and
(B) For CEAP and WAP,
				  a person who is 60 years of age or older.
(23) Eligible Entity--Those local
				  organizations in existence and designated by the federal and state government
				  to administer programs created under the Federal Economic Opportunity Act of
				  1964. This includes CAAs, limited-purpose agencies, and units of local
				  government. The CSBG Act defines an Eligible Entity as an organization that was
				  an Eligible Entity on the day before the enactment of the Coats Human Services
				  Reauthorization Act of 1998 (October 27, 1998), or is designated by the
				  Governor to serve a given area of the state and that has a tripartite board or
				  other mechanism specified by the state for local governance.
(24) Emergency--defined as:
(A) A Natural Disaster;
(B) A significant home energy supply shortage
				  or disruption;
(C) Significant
				  increase in the cost of home energy, as determined by the Secretary of
				  HHS;
(D) A significant increase in
				  home energy disconnections reported by a utility, a state regulatory agency, or
				  another agency with necessary data;
(E) A significant increase in participation
				  in a public benefit program such as the food stamp program carried out under
				  the Food Stamp Act of 1977 (7 U.S.C. §§
													2011, et seq.), the national program to
				  provide supplemental security income carried out under Title XVI of the Social
				  Security Act (42 U.S.C.
				  §§
													1381, et seq.) or the state
				  temporary assistance for needy families program carried out under Part A of
				  Title IV of the Social Security Act (42 U.S.C. §§
													601, et seq.), as determined by the head of
				  the appropriate federal agency;
(F)
				  A significant increase in unemployment, layoffs, or the number of Households
				  with an individual applying for unemployment benefits, as determined by the
				  Secretary of Labor; or
(G) An event
				  meeting such criteria as the Secretary of HHS, at the discretion of the
				  Secretary of HHS, may determine to be appropriate.
(25) Expenditure--Funds that have been
				  accrued or remitted for purposes of the award.
(26) Extended Foster Care--The Texas
				  Department of Family Services program as identified in 40 TAC §
											RSA
				  700.346 or successor regulation.
(27) Families with Young Children--A
				  Household that includes a Child age five or younger. For LIHEAP-WAP only, a
				  Family with Young Children also includes a Household that has a pregnant
				  woman.
(28) Federal Poverty Income
				  Guidelines--The official poverty income guidelines as issued by HHS
				  annually.
(29) 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 or may result in disallowed
				  costs.
(30) Gross Annual
				  Income--Defined as the total amount of non-excluded income earned annually
				  before taxes or any deductions for all Household members 18 years of age and
				  older.
(31) High Energy Burden--A
				  Household whose energy burden exceeds 11% of their Gross Annual Income,
				  determined by dividing a Household's annual home energy costs by the
				  Household's Gross Annual Income.
(32) High Energy Consumption--A Household
				  that is billed more than $1000 annually for related fuel costs for heating and
				  cooling their Dwelling Unit.
(33)
				  Household--An individual or group of individuals, excluding unborn Children,
				  who are living together as one economic unit. For DOE WAP this includes all
				  persons living in the Dwelling Unit. For CSBG/LIHEAP it includes these persons
				  customarily purchasing residential energy in common or making undesignated
				  payments for energy. In CSBG/LIHEAP a live-in aide, or a Renter with a separate
				  lease that includes a separate bill for utilities is not considered a Household
				  member.
(34) Inverse Ratio of
				  Population Density Factor--The number of square miles of a county divided by
				  the number of poverty Households of that county.
(35) Low Income Household--Defined as:
(A) For DOE WAP, a Household whose total
				  combined annual income is at or below 200% of the Federal Poverty Income
				  guidelines, or a Household who is Categorically Eligible;
(B) For CEAP and LIHEAP-WAP, a Household
				  whose total combined annual income is at or below 150% of the Federal Poverty
				  Income guidelines, or a Household who is Categorically Eligible; and
(C) For CSBG, a Household whose total
				  combined annual income is at or below 125% of the Federal Poverty Income
				  guidelines.
(36) Low
				  Income Home Energy Assistance Program (LIHEAP)--An HHS funded program which
				  serves Low Income Households who seek assistance for their home energy bills
				  and/or weatherization services.
(37) Low Income Household Water Assistance
				  Program (LIHWAP)--An HHS funded temporary program.
(38) Means Tested Veterans Program--A program
				  whereby applicants who meet certain Veterans Affairs requirements, including
				  but not limited to income and net worth limits set by Congress, receive
				  payments from the U.S. Department of Veterans Affairs.
(39) Mixed Status Household--A Household that
				  contains one or more members that are U.S. Citizens, U.S. Nationals, or
				  Qualified Aliens, and one or more members that are Unqualified
				  Aliens.
(40) Monthly Performance
				  and Expenditure Report--Two separate but linked reports indicating a
				  Subrecipient's or Eligible Entity's performance and financial information, due
				  to the Department on or before the fifteenth day of each month of the Contract
				  Term following the reporting month. If the fifteenth falls on a weekend or
				  holiday, the reports must still be entered on or before the fifteenth. The data
				  the Department collects is subject to change based on changes required by DOE
				  or HHS.
(41) Obligation--Funds
				  become obligated upon approval of an award to Subrecipient by the Department's
				  Governing Board, unless the Department does not receive sufficient funding from
				  the cognizant federal entity.
(42)
				  Observation--A notable policy, practice or procedure observed through the
				  course of monitoring.
(43) 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.
(44) 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.
(45) Outreach--The method used
				  by a Subrecipient that attempts to identify customers who are in need of
				  services, alerts these customers to service provisions and benefits, and helps
				  them use the services that are available. Outreach is utilized to locate,
				  contact and engage potential customers.
(46) Performance Statement--A document which
				  identifies the services to be provided by a Subrecipient.
(47) Person with a Disability--Any individual
				  who is:
(A) An individual described in
				  29 U.S.C. §
													701 or has a disability under
				  42
				  U.S.C. §§
													12131-
				  RSA
				  12134;
(B) Disabled as defined in
				  42 U.S.C. §
													1382(a)(3)(A),
				  42 U.S.C. §
													423, or in
				  42 U.S.C. §
													15001;
(C) Receiving benefits under 38 U.S.C.
				  Chapter 11 or 15; or
(D) An
				  individual with a disability as defined in §1.202(4).
(48) Population Density--The number of
				  persons residing within a given geographic area of the state.
(49) 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 and that
				  is not a Public Organization.
(50)
				  Production Schedule--The estimated monthly and quarterly performance targets
				  and Expenditures for a Contract Term. The Production schedule must be signed by
				  the applicable approved signatory and approved by the Department in
				  writing.
(51) Program Year--January
				  1 through December 31 of each calendar year for CSBG and LIHEAP; July 1 through
				  June 30 of each calendar year for DOE WAP.
(52) Public Organization--A unit of
				  government, as established by the Legislature of the State of Texas. Includes,
				  but may not be limited to, cities, counties, and councils of
				  governments.
(53) Qualified
				  Alien--A person that is not a U.S. Citizen or a U.S. National and is described
				  at 8
				  U.S.C. §
												1641(b) and
				  (c).
(54) Referral--The documented process of
				  providing information to a customer Household about an agency, program, or
				  professional person that can provide the service(s) needed by the
				  customer.
(55)
				  Reobligate/Reobligation--The reallocation of Deobligated funds to other
				  Subrecipients or back to the Department for allowable uses.
(56) Service Area--The geographical area
				  where a Subrecipient must provide services under a Contract.
(57) Single Audit--The audit required by OMB,
				  2 CFR Part 200 , Subpart F, or Tex. Gov't Code, Chapter 738, Uniform Grant and
				  Contract Management, as reflected in an audit report.
(58) State--The State of Texas or the
				  Department, as indicated by context.
(59) Subcontractor--A person or an
				  organization with whom the Subrecipient contracts with to provide
				  services.
(60) Subrecipient--An
				  organization that receives federal funds passed through the Department to
				  operate the CSBG, CEAP, DOE WAP, and/or LIHEAP program(s).
(61) Supplemental Security Income (SSI)--A
				  means tested program run by the Social Security Administration.
(62) System for Award Management
				  (SAM)--Combined federal database that includes the Excluded Parties List System
				  (EPLS).
(63) Systematic Alien
				  Verification for Entitlements (SAVE)--Automated intergovernmental database that
				  allows authorized users to verify the immigration status of
				  applicants.
(64) Texas
				  Administrative Code (TAC)--A compilation of all state agency rules in
				  Texas.
(65) Texas Grant Management
				  Standards (TxGMS) and Uniform Assurances--The standardized set of financial
				  management procedures and Assurances established by Tex. Gov't Code Chapter 783
				  for Contracts executed on or after January 1, 2022, and as further described in
				  Chapter 1 Subchapter D of this title (relating to Uniform Guidance for
				  Recipients of Federal and State Funds). The term "Assurance" refers to a
				  statement of compliance with federal or state law that is required of a local
				  government as a condition for the receipt Contract funds to promote the
				  efficient use of public funds in local government and in programs requiring
				  cooperation among local, state, and Federal agencies. This includes all Public
				  Organizations. In addition, Tex. Gov't Code Chapter 2105, subjects
				  Subrecipients of federal block grants (as defined therein) to the Texas Grant
				  Management Standards and Uniform Assurances.
(66) Uniform Grant Management Standards
				  (UGMS)--The standardized set of financial management procedures and definitions
				  established by Tex. Gov't Code Chapter 783 for Contracts executed before
				  January 1, 2022, 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 all Public Organizations. In addition,
				  Tex. Gov't Code Chapter 2105, subjects Subrecipients of federal block grants
				  (as defined therein) to the Uniform Grant and Contract Management
				  Standards.
(67) United States Code
				  (U.S.C.)--A consolidation and codification by subject matter of the general and
				  permanent laws of the United States.
(68) Unqualified Alien--A person that is not
				  a U.S. Citizen, U.S. National, or a Qualified Alien.
(69) Vendor Agreement--An agreement between
				  the Subrecipient and energy vendors that contains assurances regarding fair
				  billing practices, delivery procedures, and pricing for business transactions
				  involving LIHEAP beneficiaries.
(70) Vulnerable Populations--Elderly persons,
				  Persons with a Disability, and Households with a Child at or below the age of
				  five.
(71) Weatherization
				  Assistance Program (WAP)--DOE and LIHEAP funded program designed to reduce the
				  energy cost burden of Low Income Households through the installation of energy
				  efficient weatherization materials and education in energy use.