Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
Subchapter NN. EXEMPTION PROGRAM FOR VETERANS AND THEIR DEPENDENTS (THE HAZLEWOOD ACT)
19 TAC §§21.2100, 21.2102, 21.2103
The Texas Higher Education Coordinating Board (Coordinating Board) adopts on an emergency basis amendments to §§21.2100(5), 21.2102(1), and 21.2103(1)(A), concerning eligibility for benefits for veterans and their dependents under the Hazlewood Act, §54.203 of the Texas Government Code.
The amendments are being adopted on an emergency basis pursuant to §2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if an imminent peril to the public welfare requires adoption of the rule on less than 30 days notice. The proposed amendments redefine the term "citizen of Texas" as "resident of Texas," and strike from the eligibility requirements for Hazlewood benefits the requirement that, in order for a veteran or his or her dependents to be eligible for Hazlewood benefits, such veteran must have been a citizen of the United States at the time he or she entered the armed services.
The Coordinating Board hereby certifies that the emergency adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
The amendments are being adopted on an emergency basis under the Texas Government Code, §2001.034, which gives the Coordinating Board the authority to adopt an emergency rule if an imminent peril to the public welfare requires adoption of the rule on less than 30 days notice.
§21.2100.Definitions.
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) - (4) (No change.)
(5) Citizen of Texas--A person who is a [
United
State Citizen and a
] resident of Texas.
(6) - (19) (No change.)
§21.2102.Eligible Veterans.
In order to be eligible to receive a Hazlewood Act Exemption, a veteran shall demonstrate that he or she:
(1) at the time he or she entered the service, was
[
a citizen of the United States and
] a resident of Texas;
(2) - (8) (No change.)
§21.2103.Eligible Children.
In order to be eligible to receive a Hazlewood Act Exemption, children shall demonstrate that they:
(1) are dependent children of:
(A) members of the U.S. Armed Forces who were [
citizens
of the United States and
] residents of Texas when they entered
the service and who
(i) - (iv) (No change.)
(B) (No change.)
(2) - (3) (No change.)
This agency hereby certifies that the emergency adoption 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 January 15, 2008.
TRD-200800174
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Effective Date: January 15, 2008
Expiration Date: May 13, 2008
For further information, please call: (512) 427-6114