These words 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) CFR--Code of Federal Regulations.
  (2) 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 HUD.
  (3) Development Site--The area, or if scattered site,
areas on which the development is proposed to be located.
  (4) Direct Project Costs--The total costs 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.
  (5) 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.
  (6) 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. Homeownership is not 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).
  (7) 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,
non HOME-assisted projects, and cannot include any other sources of
Department funding unless otherwise approved in writing by the Department.

  (8) Person--Any individual, partnership, corporation,
association, unit of government, community action agency, or public
or private organization of any character.
  (9) 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.
  (10) Predevelopment Costs--Costs related to a specific
eligible Project including:
    (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;
    (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
    (C) Predevelopment costs do not include general operational
or administrative costs.
  (11) 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:
    (A) Partnerships: Principals include all General Partners,
special limited partners, and Principals with ownership interest;
    (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
    (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.
  (12) Project--A single housing unit with a unique physical
address. A Project may also refer to an individual Project, Development,
or site.
  (13) Reservation System Participant (RSP)--Administrator
who has executed a written agreement with the Department that allows
for participation in the Reservation System.
  (14) Service Area--The city(ies), county(ies) and/or
place(s) identified in the Application and/or Agreement that the Administrator
will serve.
  (15) Texas Minimum Construction Standard (TMCS)--The
program standard used to determine the minimum acceptable housing
condition for the purposes of rehabilitation.
  (16) Third Party--A Person who is not:
    (A) an Applicant, Administrator, Borrower, General
Partner, Developer, Development Owner, or General Contractor; or
    (B) an Affiliate, Affiliated Party to the Applicant,
Administrator, Borrower, General Partner, Developer, Development Owner,
or General Contractor; or
    (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 August 30, 2015, 40 TexReg 5324