SECTION 386.103. How are the terms in this chapter defined?

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.

(1) The words "I," "my," "you," and "your" refer to an applicant for assistance with disaster-related losses or expenses.

(2) Assistance from other means--Assistance, including monetary or in-kind contributions, from:

(A) other governmental programs;

(B) insurance;

(C) volunteer or charitable organizations; or

(D) any source other than those of the individual or family.

(3) CFR--Code of Federal Regulations.

(4) DEM--Division of Emergency Management, the entity designated by the governor to administer and supervise disaster recovery operations in Texas. DEM is a division of the Texas Department of Public Safety. The director of the division serves as chairperson of the Disaster Emergency Management Council.

(5) DHS--Texas Department of Human Services.

(6) Dependent--Someone who is normally claimed as such on the federal tax return of another, according to the Internal Revenue Code. It may also mean the minor children of a couple not living together if the children live in the residence with the parent who does not actually claim them on the tax return.

(7) FEMA--Federal Emergency Management Agency, a federal agency responsible for coordinating responses to disasters among other federal, state, local, and voluntary agencies.

(8) Family--Social unit living together and composed of:

(A) legally married individuals, or couples living together as if they are married, and their dependents;

(B) a single person and his or her dependents; or

(C) persons who jointly own a residence and their dependents.

(9) Flood hazard area--Area shown on a Federal Insurance Administration map as an area prone to flooding. These areas are designated:

(A) Zone A, 100-year flood plain; and

(B) Zone V, coastal high hazard area.

(10) GFIP--Group Flood Insurance Policy, provided by the National Flood Insurance Program to disaster victims who must buy and maintain flood insurance in order to be eligible for future disaster aid for damages to flood insurable items caused by flooding.

(11) HA--Housing Assistance, funded and administered by FEMA.

(12) IHP--Federal Assistance to Individuals and Households Program, implemented by FEMA in October 2002, which has two provisions of assistance, the:

(A) HA; and

(B) Other Needs Assistance (ONA).

(13) Individual--Person who is not a member of a family as defined in this section.

(14) Major disaster--Includes:

(A) hurricane;

(B) tornado;

(C) storm;

(D) flood;

(E) high water;

(F) wind-driven water;

(G) earthquake;

(H) volcanic eruption;

(I) landslide;

(J) mudslide;

(K) snowstorm;

(L) drought;

(M) fire;

(N) explosion; or

(O) other catastrophe.

(15) NFIP--National Flood Insurance Program, a federal program that provides flood insurance to people living in communities that are designated flood prone areas.

(16) National eligibility criteria--Standards prescribed by FEMA that state and federal governments must apply when determining eligibility for grants.

(17) Necessary expense--Cost of a serious need.

(18) ONA--Other Needs Assistance, a federal grant that assists disaster victims who have serious disaster-related needs and the following necessary expenses:

(A) personal property;

(B) transportation;

(C) medical and dental;

(D) funeral;

(E) moving and storage; and

(F) other.

(19) Owner-occupied--Residence that is occupied by:

(A) the legal owner;

(B) a person who does not hold formal title to the residence but is responsible for:

(i) payment of taxes;

(ii) maintenance of the residence; and

(iii) pays no rent; or

(C) a person who has lifetime occupancy rights in the residence with formal title vested in another.

(20) Primary residence--Dwelling:

(A) where you usually live during the major portion of the calendar year; or

(B) required because of proximity to employment, including agricultural activities, that provides 50% of the household's income.

(21) SBA--U.S. Small Business Administration, a federal agency that loans money at a lower-than-usual interest rate to small businesses, individuals, and families to assist them in recovery from a disaster.

(22) Sanctioned communities--Communities NFIP designates as having special flood hazard areas but that do not participate in NFIP.

(23) Serious need--Requirement for an item or service essential to an individual or family to prevent, mitigate, or overcome a disaster-related hardship, injury, or adverse condition.

(24) State coordinating officer--Person appointed by the governor through the director of DEM to coordinate state and local disaster assistance efforts with those of federal government agencies. As the DEM director representative, the state coordinating officer exercises powers granted to the governor by the Texas Disaster Act of 1975, to the extent delegated for the disaster situation.

Source Note: The provisions of this §386.103 adopted to be effective April 6, 2003, 28 TexReg 2956; transferred effective September 1, 2004, as published in the Texas Register September 17, 2004, 29 TexReg 9013