Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,066
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Development Owner controls (transportation in a motor vehicle will
not meet the requirement for an accessible route).
(B) A Development for which several parcels comprise
the Development Site and are separated only by a private road con-
trolled by the Development Owner, or a public road or similar barrier
where the Development Owner has an agreement with the public entity
for at least the term of the LURA stating that the accessible pedestrian
route will remain, is considered contiguous.
(39) Development Consultant or Consultant--Any Person
who provides professional or consulting services relating to the filing
of an Application, or post award documents as required by the program.
(40) Development Owner (also referred to as "Owner")--
Any Person, General Partner, or Affiliate of a Person who owns or pro-
poses a Development or expects to acquire Control of a Development
under a purchase contract or ground lease approved by the Department
and is responsible for performing under the allocation or Commitment
with the Department. ( 2306.6702(a)(7)).
(41) Development Site--The area or, if more than one tract
(which may be deemed by the Internal Revenue Service or the Depart-
ment to be a scattered site), areas on which the Development is pro-
posed and to be encumbered by a LURA, including access to that area
or areas through ingress and egress easements.
(42) Development Team--All Persons and Affiliates
thereof that play a role in the development, construction, rehabilitation,
management or continuing operation of the Development, including
any Development Consultant and Guarantor.
(43) Direct Loan--Funds provided through the HOME Pro-
gram, Neighborhood Stabilization Program (NSP), National Housing
Trust Fund (NHTF), Tax Credit Assistance Program Repayment Funds
(TCAP RF) or State Housing Trust Fund or other program available
through the Department for multifamily development. The terms and
conditions for Direct Loans will be determined by provisions in Chap-
ter 13 of this title (relating to Multifamily Direct Loan Rule) and the
NOFA under which they are awarded, the Contract, or the loan docu-
ments. The tax-exempt bond program is specifically excluded.
(44) Economically Distressed Area--An area that is in a
census tract that has a median household income that is 75% or less
of the statewide median household income and in a municipality or, if
not within a municipality, in a county that has been awarded funds un-
der the Economically Distressed Areas Program administered by the
Texas Water Development Board. Notwithstanding all other require-
ments, for funds awarded to another type of political subdivision (e.g.,
a water district), the Development Site must be within the jurisdiction
of the political subdivision.
(45) Effective Gross Income (EGI)--As provided for in
11.302(d)(1)(D) of this chapter (relating to Operating Feasibility).
The sum total of all sources of anticipated or actual income for a rental
Development, less vacancy and collection loss, leasing concessions,
and rental income from employee-occupied units that is not anticipated
to be charged or collected.
(46) Efficiency Unit--A Unit without a separately enclosed
Bedroom.
(47) Elderly Development--A Development that either
meets the requirements of the Housing for Older Persons Act (HOPA)
under the Fair Housing Act, or a Development that receives federal
funding that has a requirement for a preference or limitation for elderly
persons or households, but must accept qualified households with
children.(48) Eligible Hard Costs--Hard Costs includable in Eligi-
ble Basis for the purposes of determining a Housing Credit Allocation.
(49) Environmental Site Assessment (ESA)--An environ-
mental report that conforms to the Standard Practice for Environmental
Site Assessments: Phase I Assessment Process (ASTM Standard Des-
ignation: E 1527) and conducted in accordance with 11.305 of this
chapter (relating to Environmental Site Assessment Rules and Guide-
lines) as it relates to a specific Development.
(50) Executive Award and Review Advisory Committee
(EARAC also referred to as the Committee).--The Department com-
mittee required by Tex. Gov't Code 2306.1112.
(51) Existing Residential Development--Any Develop-
ment Site which contains any type of existing residential dwelling at
any time as of the beginning of the Application Acceptance Period.
(52) Extended Use Period--With respect to an HTC build-
ing, the period beginning on the first day of the Compliance Period and
ending the later of:
(A) The date specified in the LURA; or
(B) The date which is 15 years after the close of the
Compliance Period.
(53) First Lien Lender--A lender whose lien has first prior-
ity as a matter of law or by operation of a subordination agreement or
other intercreditor agreement.
(54) General Contractor (including "Contractor")--One
who contracts to perform the construction or rehabilitation of an entire
Development, rather than a portion of the work. The General Con-
tractor hires subcontractors, such as plumbing contractors, electrical
contractors, etc., coordinates all work, and is responsible for payment
to the subcontractors. A prime subcontractor will also be treated as a
General Contractor, and any fees payable to the prime subcontractor
will be treated as fees to the General Contractor, in the scenarios
described in subparagraphs (A) or (B) of this paragraph:
(A) Any subcontractor, material supplier, or equipment
lessor receiving more than 50% of the contract sum in the construction
contract will be deemed a prime subcontractor; or
(B) If more than 75% of the contract sum in the con-
struction contract is subcontracted to three or fewer subcontractors,
material suppliers, and equipment lessors, such parties will be deemed
prime subcontractors.
(55) General Partner--Any person or entity identified as a
general partner in a certificate of formation for the partnership or is
later admitted to an existing partnership as a general partner that is
the Development Owner and that Controls the partnership. Where a
limited liability corporation is the legal structure employed rather than
a limited partnership, the manager or managing member of that limited
liability corporation is deemed, for the purposes of these rules, to be
the functional equivalent of a general partner.
(56) Governing Body--The elected or appointed body of
public or tribal officials, responsible for the enactment, implementa-
tion, and enforcement of local rules and the implementation and en-
forcement of applicable laws for its respective jurisdiction.
(57) Governmental Entity--Includes federal, state or local
agencies, departments, boards, bureaus, commissions, authorities, and
political subdivisions, special districts, tribal governments and other
similar entities.46 TexReg 6066 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/m1/84/?rotate=180: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.