The capitalized terms or phrases used herein are defined in the title. Any other capitalized terms in the subchapter shall have the meaning defined in Chapter 2306 of the Texas Government Code, Chapter 303, Texas Local Government Code, , and other state or Department rules, as applicable. Defined terms, when not capitalized, are to be read in context and construed according to common usage.
  (1) Audit Report--A report completed by an Auditor or compliance expert, in a manner and format prescribed by the Department.
  (2) Auditor--An individual who is an independent auditor or compliance expert with an established history of providing similar audits on housing compliance matters, meeting the criteria established herein.
  (3) Board--The governing board of the Texas Department of Housing and Community Affairs.
  (4) Chief Appraiser--The chief appraiser of the appraisal district in which a Development is located.
  (5) Department--The Texas Department of Housing and Community Affairs.
  (6) Development--A multifamily residential development owned by a Public Facility Corporation and operated by an Operator.
  (7) Housing Choice Voucher Program--The housing choice voucher program under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437(f).
  (8) HUD--The United States Department of Housing and Urban Development.
  (9) Public Facility Corporation (PFC)--A nonprofit corporation that can be created by a municipality, county, school district, housing authority or a Sponsor, as outlined in Chapter 303 of the Texas Local Government Code.
  (10) Public Facility User--a public-private partnership entity or a developer or other private entity that has an ownership interest or a leasehold or other possessory interest in a public facility that is a multifamily residential development. For purposes of all provisions within this rule, the terms "Public Facility User" and "Operator" shall have the same meaning and shall be interchangeable.
  (11) Regulatory Agreement--A Land Use Restriction Agreement (LURA), Ground Lease, Deed Restriction, and any similar restrictive instrument that is recorded in the real property records of the county in which the Development is located.
  (12) Responsible Parties--The Texas Comptroller of Public Accounts, and with respect to a Development, the applicable Operator, the PFC, the governing body of the PFC's Sponsor, and, if the PFC's Sponsor is a housing authority, the elected officials responsible for appointing the housing authority's governing board.
  (13) Restricted Unit--A residential unit in a Development that is reserved for or occupied by a household meeting certain income limitations established in the Regulatory Agreement, with rent for such unit restricted as set forth in these rules. Restricted Units may float in a Development and need not be permanently fixed.
  (14) Sponsor--A municipality, county, school district, housing authority, or special district that causes a corporation to be created to act in accordance with Chapter 303, Texas Local Government Code.
  (15) Unit Type--Means the type of unit determined by the number of bedrooms.

Source Note: The provisions of this §10.1102 adopted to be effective February 26, 2024, 49 TexReg 1070