Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,034
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law that is required of a local government as a condition for the receipt
Contract funds to promote the efficient use of public funds in local
government and in programs requiring cooperation among local, state,
and Federal agencies. This includes all Public Organizations. In addi-
tion, Tex. Gov't Code Chapter 2105, subjects Subrecipients of federal
block grants (as defined therein) to the Texas Grant Management
Standards and Uniform Assurances.
(66) Uniform Grant Management Standards (UGMS)--The
standardized set of financial management procedures and definitions
established by Tex. Gov't Code Chapter 783 for Contracts executed
before January 1, 2022, 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 ad-
ministering grants and other financial assistance agreements with cities,
counties and other political subdivisions of the state. This includes all
Public Organizations. In addition, Tex. Gov't Code Chapter 2105, sub-
jects Subrecipients of federal block grants (as defined therein) to the
Uniform Grant and Contract Management Standards.
(67) United States Code (U.S.C.)--A consolidation and
codification by subject matter of the general and permanent laws of
the United States.
(68) Unqualified Alien--A person that is not a U.S. Citizen,
U.S. National, or a Qualified Alien.
(69) Vendor Agreement--An agreement between the Sub-
recipient and energy vendors that contains assurances regarding fair
billing practices, delivery procedures, and pricing for business transac-
tions involving LIHEAP beneficiaries.
(70) Vulnerable Populations--Elderly persons, Persons
with a Disability, and Households with a Child at or below the age of
five.
(71) Weatherization Assistance Program (WAP)--DOE and
LIHEAP funded program designed to reduce the energy cost burden of
Low Income Households through the installation of energy efficient
weatherization materials and education in energy use.
6.3. Subrecipient Contract.
(a) Subject to prior Board approval, the Department and a Sub-
recipient shall enter into and execute a Contract for the disbursement of
program funds. The Department, acting by and through its Executive
Director or his/her designee, may authorize, execute, and deliver au-
thorized modifications and/or amendments to the contract, as allowed
by state and federal laws and rules.
(b) The governing body of the Subrecipient must pass a res-
olution authorizing its Executive Director or his/her designee to have
signature authority to enter into contracts, sign amendments, and re-
view and approve reports. All Contract actions including extensions,
amendments or revisions must be ratified by the governing body at a
subsequent regularly scheduled meeting no later than 120 calendar days
from the Contract action. Minutes relating to this resolution must be
on file at the Subrecipient level.
(c) Within 45 calendar days following the conclusion of a Con-
tract issued by the Department, the Subrecipient shall provide a final
expenditure and final performance report regarding funds expended un-
der the terms of the Contract.
(d) A Performance Statement and budget are attachments to
the Contract between the Subrecipient and the Department. Execution
of the Contract enables the Subrecipient to access funds through the
Department's Contract System.
(e) Amendments and Extensions to Contracts.(1) Except for quarterly amendments to non-Discretionary
CSBG Contracts to add funds as they are received from HHS, and ex-
cluding amendments that move funds within budget categories but do
not extend time or add funds, amendment and extension requests must
be submitted in writing by the Subrecipient, and will not be granted if
any of the following circumstances exist:
(A) If the award for the Contract was competitively
awarded and the amendment would materially change the scope of
Contract performance;
(B) If the Subrecipient is delinquent in the submission
of their Single Audit or the Single Audit Certification form required by
1.403, (relating to Single Audit Requirements), in Chapter 1 of this
title (relating to Administration);
(C) If the Subrecipient owes the Department disallowed
amounts in excess of $1,000 and a Department-approved repayment
plan is not in place or has been violated;
(D) For amendments adding funds (not applicable to
amendments for extending time) if the Department has cited the Subre-
cipient for violations within 6.11 of this subchapter (related to Com-
pliance Monitoring) and the corrective action period has expired with-
out correction of the issue or a satisfactory plan for correction of the
issue or has otherwise notified the Subrecipient in accordance with
1.411 of this title (relating to Administration of Block Grants) under
Chapter 2105 of the Texas Government Code and corrective action has
not been taken; or
(E) A member of the Subrecipient's board has been de-
barred and has not been removed.
(2) Within 30 calendar days of a Subrecipient's request for a
Contract amendment or extension request the request will be processed
or denied in writing. If denied, the applicable reason from this subsec-
tion or other applicable reason will be cited. The Subrecipient may
appeal the decision to the Executive Director consistent with Chapter
1, 1.7, of this title, (relating to the Appeals Process).
6.4. Income Determination.
(a) Eligibility for program assistance is determined under the
Federal Poverty Income Guidelines and calculated as described herein
(in some Programs certain forms of income may qualify the Household
as Categorically Eligible for assistance; however, Categorical Eligibil-
ity does not determine the level of benefit, which is determined through
the Income Determination process).
(b) Income means cash receipts earned and/or received by all
Household members 18 years of age and older before taxes during ap-
plicable tax year(s), but not the excluded income listed in subsection
(d) of this section. Income is to be based on the Gross Annual Income.
(c) Exceptions to the use of Gross Annual Income are forms
of income:
(1).From non-farm or farm self-employment net receipts
must be used (i.e., receipts from a person's own business or from an
owned or rented farm after deductions for business or farm expenses);
and
(2) From gambling or lottery winnings net income must be
used.
(d) If an income source is not excluded in this subsection, it
must be included when determining income eligibility. Excluded In-
come:
(1) Capital gains;
(2) Any assets drawn down as withdrawals from a bank;46 TexReg 6034 September 17, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/52/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.