40 TAC §176.7
The Texas Veterans Land Board (VLB) proposes the amendment
of §176.7 relating to Admission Requirements. Section 176.7 governs the
admission criteria for residents of the Texas State Veterans Home Program.
Currently, the definition of veteran found in §176.7(a)(2) reflects requirements
found in United States Code that governs the State Home Program. The VLB proposes
this amendment to §176.7(a)(2) in order to conform to the definition
of veteran as used for all other VLB programs, as defined by Texas Natural
Resources Code §161.001(a)(7).
Mr. Larry Laine, Chief Clerk of the General Land Office, has determined
that for each year of the first five years the amended sections as proposed
are in effect there will be no fiscal implications for the state or units
of local government as a result of enforcing or administering the amended
sections as the amendments constitute minor clarifications and updates to
the rules.
Mr. Larry Laine, Chief Clerk of the General Land Office, has determined
that there will be no economic cost to persons required to comply with these
rules, as these amendments add no additional restrictions or requirements
that did not already exist. The public will benefit from the proposed rule
amendments because the amended rules will provide more clarity. There will
be no effect on small businesses, and a local employment impact statement
on these proposed regulations is not required, because the proposed amendments
will not adversely affect any local economy in a material manner for the first
five years they will be in effect.
The VLB invites suggestions from the public during the review process and
will address any comments received. Any questions or comments should be directed
to Walter Talley,
Texas Register
Liaison,
Texas General Land Office, P. O. Box 12873, Austin, TX 78711, facsimile number
(512) 463-6311 or email to walter.talley@glo.state.tx.us. Written comments
must be received no later than thirty (30) days from the date of publication
of this notice.
The amendment is proposed under the Natural Resources Code, §164.004(6),
which authorizes the VLB to adopt rules and procedures for among other things,
the operation of veterans homes. The amendment is proposed under Natural Resources
Code §161.001(b), which authorizes the VLB to change the definition of
"veteran" as necessary or appropriate to protect the best interests of the
Texas State Veterans Home Program.
Texas Natural Resources Code, §161.001(a)(7) is affected by the proposed
amendment.
§176.7.Admission Requirements.
(a)
The Board finds that it protects the best interests of
the State Veterans Home Program to qualify the program for all available funding
from the USDVA.
(1)
USDVA requires that the program only admit to a SVH those
applicants who satisfy all medical, financial, and military service requirements
set forth in USDVA regulations, as they are amended from time-to-time.
(2)
For purposes of this section, [
unless the context
provides otherwise,
] the term "veteran" means a person who meets
the requirement of veteran as defined in §161.001(a)(7) Texas Natural
Resources Code
[
all military service requirements to receive benefits
from the USDVA, as those requirements are set forth in 39 U.S.C.A. §101,
38 U.S.C.A. §5303A, and the regulations of the USDVA as amended from
time-to-time
].
(b) - (c)
(No changes.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 21, 2005.
TRD-200501220
Trace Finley
Policy Director
Texas Veterans Land Board
Earliest possible date of adoption: May 1, 2005
For further information, please call: (512) 305-8598