Current through Reg. 49, No. 38; September 20, 2024
(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:
(i) accounting;
(ii) architecture;
(iii) landscape architecture;
(iv) land surveying;
(v) medicine;
(vi) optometry;
(vii) professional engineering;
(viii) real estate appraising;
(ix) professional nursing; or
(x) legal services; 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;
(ii) an
architect;
(iii) a landscape
architect;
(iv) a land
surveyor;
(v) a physician,
including a surgeon;
(vi) an
optometrist;
(vii) a professional
engineer;
(viii) a state certified
or state licensed real estate appraiser;
(ix) attorney; or
(x) a registered nurse.
(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.