(a) Pursuant to Government Code §448.101(c) THC may provide matching grants to assist in the implementation of the THGAAC's goals and objectives.
(b) On an annual basis and with the advice of the THGAAC, THC shall set a maximum amount that will be available for grants and establish a funding cycle for such grants. Any project types that will be given scoring priority in that grant round will also be identified. All grants shall be awarded on a reimbursement basis, i.e. the grant recipient must provide proof that funds have been expended in compliance with the grant contract and request reimbursement from THC before payment will be made from the grant.
(c) Grants may be awarded for any of the following purposes:
  (1) To combat antisemitism and to implement Holocaust and genocide courses of study and awareness programs;
  (2) To support volunteers who have agreed to share, in classrooms, seminars, exhibits, or workshops, their verifiable knowledge and experiences regarding the Holocaust or other genocides;
  (3) To support events memorializing the Holocaust and other genocides;
  (4) To support events designed to enhance public awareness of the fight against antisemitism and continuing significance of the Holocaust and other genocides; and
  (5) To support efforts to recognize International Holocaust Remembrance Day.
(d) Grant funds and allowable match may only be used to carry out the goals of the grant-funded project. Such funds may be used to pay the costs associated with providing or acquiring equipment, supplies, professional services, and associated travel expenses (within authorized State of Texas travel rates). Matching funds can also be used in limited instances to pay for an employee's salary as described below.
(e) Grant funds and allowable match may not be used for the following purposes:
  (1) To acquire equipment that will have a useful life beyond the term of the project if similar equipment can be rented for less than the cost of acquisition;
  (2) To administer the grant itself, such as costs associated with preparing and submitting deliverables, maintaining communications with program staff, or ensuring that work is carried out in accordance with the project's scope of work and budget;
  (3) For construction-related costs including building renovation;
  (4) For food, beverages, awards, honoraria, prizes or gifts; or
  (5) For costs associated with advertising or public relations efforts except those specifically allowed by 2 CFR §200.421.
(f) Applications will be accepted only from nonprofit entities headquartered in Texas and certified by the Internal Revenue Service as tax exempt under Internal Revenue Code Section 501(c), (d), (e), (f), or (k), or under Section 521(a), or providing instructional services to individuals through a public or private educational institution.
(g) All projects require a 50-50 match contribution toward the project's total cost. Match may take the form of cash or the value of in-kind donations of goods, services, or labor. Match must be used to pay for or provide materials or work eligible for program funding. If match is claimed for part of an employee's salary, it must represent duties that are not a part of the employee's permanent job responsibilities.
(h) On the advice of the THGAAC, THC may waive the match requirement if a grant applicant provides a persuasive argument for doing so. The waiver request must be included with the grant application and explain why the match cannot be provided and describe any efforts made by the applicant to identify funds or other resources that could serve as match.
(i) THGAAC will notify potential applicants of the availability of grant funds on an annual basis through their website.
(j) A committee comprised of some combination of THGAAC staff and other individuals with experience in the grant program's project areas will score all applications using the following process:
  (1) Applications will be distributed to reviewers together with a copy of scoring criteria and a rating form.
  (2) Each reviewer will independently evaluate the proposals in relation to the specific requirements of the criteria and will assign a numerical value, depending on the points assigned to each criterion, and submit their rating forms to THGAAC staff. Reviewers may consider recommending a conditional award for funding any application.
  (3) Grant selection criteria will include, but not be limited to, the following:
    (A) Relevance of the proposed project to the THGAAC's mission;
    (B) Qualifications of the applicant organization and/or any proposed contractors;
    (C) The likely impact of the proposed project;
    (D) The likelihood of project success;
    (E) The applicant's past performance;
    (F) Project costs and funds available;
    (G) Urgency of the need for the grant;
    (H) Public support for the request;
    (I) Project timetable; and
    (J) Geographic diversity within the state of Texas.
  (4) Reviewers will not discuss application proposals with anyone other than THGAAC staff during the review process.
  (5) THGAAC staff will compile the reviewer's scores and develop a report listing the applications in score order.
  (6) THGAAC staff will schedule a meeting of the reviewers to discuss their scores and to make any necessary adjustments.
  (7) THGAAC staff will compile the adjusted scores and provide a list of recommended grant awards to the THGAAC commissioners for their consideration.
  (8) The THGAAC will include grant application review on their meeting agenda in accordance with the program timetable mentioned above. The members will vote to recommend award and/or denial of all grant applications, which recommendation will be submitted to the THC for further action.
  (9) THC will include grant application review on their meeting agenda in accordance with the program timetable mentioned above. The members will vote to accept or not to accept the recommendations of the THGAAC.
  (10) Applicants will be informed in writing of the action taken on their applications. Unsuccessful applicants will be counseled by THGAAC staff.
(k) A conflict of interest occurs when financial or other personal considerations may compromise or bias professional judgment and objectivity. Individuals with a conflict of interest will not be permitted to review applications in any grant round where their conflict applies. Any reviewer who feels unable to evaluate a particular application fairly may withdraw from the review process for that application. THGAAC or THC commissioners associated with entities with grant applications being considered will recuse themselves from voting on those applications.
(l) Deliverables for funded applications will include a report from the grant recipient at completion of the project detailing the results of the project including an evaluation of the project's success. Final grant payment may be retained until receipt of an acceptable completion report.
(m) Grant recipients are subject to audit by the State of Texas and/or by an external auditor employed by the THGAAC or the THC in compliance with state audit requirements.
(n) The THGAAC and/or the THC shall have the right to use grant-funded resources in any educational or promotional materials.

Source Note: The provisions of this §18.9 adopted to be effective May 25, 2023, 48 TexReg 2571