Section 1.401 - Effective Date and Definitions(a) Revisions to this Subchapter reflect updates to 2 CFR Part 180 and 2 CFR Part 200, and are generally effective for Contracts executed on or after October 1, 2024. Previous versions of these rules as memorialized in Contracts will continue to be effective, unless the Contract is amended to add additional funds on or after October 1, 2024, and that amendment specifically incorporates some or all of the provisions in the rule, to the extent federally allowed.(b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Capitalized words used herein have the meaning assigned in the specific Chapters and Rules of this title that govern the program associated with the request, or assigned by federal or state law. (1) Affiliate--Shall have the meaning assigned by the specific program or programs described in this part. (2) Department--The Texas Department of Housing and Community Affairs.(3) Equipment--tangible personal property having a useful life of more than one year or a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by entity for financial statement purposes, or $10,000 (except in the case of Contracts subject to TXGMS or UGMS, in which case $5,000).(4) Professional services--for a unit of government is as defined by state law. For Private Nonprofit Organizations it means services: (A) within the scope of the practice, as defined by state law, of: (iii) landscape architecture;(vii) professional engineering;(viii) real estate appraising;(ix) professional nursing; or(B) provided in connection with the professional employment or practice of a person who is licensed or registered as: (i) a certified public accountant;(iii) a landscape architect;(v) a physician, including a surgeon;(vii) a professional engineer;(viii) a state certified or state licensed real estate appraiser;(5) Single Audit--The audit required by Office of Management and Budget (OMB), 2 CFR Part 200, Subpart F, or Tex. Gov't Code, chapter 783, Uniform Grant and Contract Management, as reflected in an audit report.(6) Single Audit Certification Form--A form that lists the source(s) and amount(s) of Federal funds and/or State funds expended by the Subrecipient during their fiscal year along with the outstanding balance of any loans made with federal or state funds if there are continuing compliance requirements other than repayment of the loan.(7) Subrecipient--Includes an entity receiving or applying for federal or state funds from the Department under Chapters 6, 7, 20, 23, 24, 25 or 26 as identified by Contract or in this subchapter. Except as otherwise noted in this subchapter or by Contract, the definition does not include Applicants/Owners who have applied for and/or received funds under a program administered by the Multifamily Finance Division, except for CHDO Operating funds, a grant made to a unit of government or nonprofit organization, or Affiliate, or TCAP-RF grants or loans when made to a unit of government or nonprofit organization or Affiliate. Except as otherwise noted in this subchapter or by Contract, this definition does not include vendors having been procured by the Department for goods or services. A Subrecipient may also be referred to as Administrator.(8) Supplies--means tangible personal property other than "Equipment" in this section.(9) Texas Grant Management Standards (TxGMS)--The standardized set of financial management procedures and definitions established by Tex. Gov't Code, chapter 783 regarding Uniform Grant and Contract Management 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 including public housing and housing finance agencies. In addition, Tex. Gov't Code Chapter 2105, regarding Administration of Block Grants, subjects subrecipients of federal block grants (as defined therein) to TxGMS. (10) Uniform Grant Management Standards (UGMS)--the standardized set of financial management procedures used by the Department in Contracts that began before January 1, 2022.10 Tex. Admin. Code § 1.401
Adopted by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9266, eff. 12/4/2016; Amended by Texas Register, Volume 41, Number 50, December 9, 2016, TexReg 9699, eff. 12/4/2016; Adopted by Texas Register, Volume 45, Number 47, November 20, 2020, TexReg 8311, eff. 11/26/2020; Adopted by Texas Register, Volume 46, Number 48, November 26, 2021, TexReg 8009, eff. 12/2/2021; Adopted by Texas Register, Volume 49, Number 38, September 20, 2024, TexReg 7634, eff. 9/26/2024