Part 5. TEXAS VETERANS LAND BOARD
Chapter 175. GENERAL RULES OF THE VETERANS LAND BOARD
Subchapter B. MORTGAGE FINANCING
40 TAC §§175.54, 175.56, 175.58, 175.59, 175.62
The Veterans Land Board of the State of Texas (the "Board") adopts amendments to Title 40, Part 5, Chapter 175, Subchapter B of the Texas Administrative Code, §175.54 (relating to "Protection of Security Interests"), §175.56 (relating to "Fees, Loan Amount, Interest Rate, and Down Payment"), §175.58 (relating to "Removal of Material Assets, Releases, and Payment in Full"), §175.59 (relating to "Easements and Mineral Leases"), and §175.62 (relating to "Trustee's Sale"), of the General Rules of the Veterans Land Board without changes to the proposed text as published in the November 23, 2007, issue of the Texas Register (32 TexReg 8432). The adopted rules will not be republished. The amendment to §175.54 is adopted to eliminate any requirement for private mortgage insurance as a result of the amendment to §161.503 of the Texas Natural Resources Code. The other amendments are adopted to eliminate certain requirements the board finds unnecessary, and to allow the Board to require a down payment that conforms to its credit, underwriting, and appraisal standards.
Section 161.503(d) of the Texas Natural Resources Code authorizes the Board to adopt rules to implement Subchapter K loans, known as the mortgage loans. The Board finds that it serves the best interest of the programs if the rules are changed as proposed and as set forth in the above referenced issue of the Texas Register.
No comments were received regarding the amendment.
The amendments are adopted under the Natural Resources Code, Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.218, 161.222, 161.233, 161.283, and 161.503. These sections authorize the Board to adopt rules that it considers necessary and advisable for the Land Program and the Land Mortgage Program.
The adopted amendments affect Subchapter K of Chapter 161 of the Texas Natural Resources Code, §161.501 through §161.515.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 27, 2008.
TRD-200801176
Trace Finley
Deputy Commissioner, Policy and Governmental Affairs
Veterans Land Board
Effective date: March 18, 2008
Proposal publication date: November 23, 2007
For further information, please call: (512) 475-1859
The State of Texas Veterans Land Board (the "Board") adopts the proposed amendments to Title 40, Part 5, Chapter 176, §176.1, relating to Definitions as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7034) without changes and will not be republished. The adopted amendments updated the reference to the state agency that regulates the Texas State Veterans Home program. As currently written this rule refers to the Texas Department of Human Services or TDHS. The 78th Legislature reorganized TDHS. The organization that now regulates the nursing home industry under Chapter 242, Human Resources Code, is known as the Texas Department of Aging and Disability Services or DADS. The adopted amendment to 40 TAC §176.1 reflects that name change.
No comments were received regarding any of the adopted amendments to §176.1.
Amendments to 40 TAC §176.1 are adopted under Texas Natural Resources Code, §164.004, which provides the TVLB with the authority to adopt rules necessary and convenient to administer Chapter 164, §§164.001 - 019, Texas Natural Resources Code.
The adopted amendment to §176.1 will affect §164.005 of the Texas Natural Resource Code.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 28, 2008.
TRD-200801179
Trace Finley
Deputy Commissioner, Policy and Governmental Affairs
Texas Veterans Land Board
Effective date: March 19, 2008
Proposal publication date: October 5, 2007
For further information, please call: (512) 475-1859
The State of Texas Veterans Land Board (the "Board") adopts the proposed amendments to Title 40, Part 5, Chapter 176, §176.7, regarding the admissions requirements to the Texas State Veterans Homes Program as published in the October 5, 2007, issue of the Texas Register (32 TexReg 7034) without changes and will not be republished. The adopted amendments clarified the admission criteria and allow for the admission of otherwise eligible residents currently residing outside of the state of Texas.
The adopted amendments proposed to subsection (a) delete language that has been determined no longer necessary for admission requirements. The added language to this subsection clearly identifies the purpose for this rule. The adopted amendments also re-designated the subsequent subsections to add to the overall clarity of this rule.
The adopted amendments to new designated subsection (c) delete redundant language that defines the term veteran for the purpose of this rule. In newly designated subsection (b), "veteran" is defined in accordance with the Texas Natural Resources Code, §161.001(a)(7). Utilizing this definition continues to make uniform the term "veteran" throughout the Board's programs.
The adopted amendments add new subsection (c)(4) that provides for the admission of otherwise eligible veterans who currently reside outside the state of Texas. Under the current rule, §176.7, the residency requirement for admission into the Homes requires that the applicant is "a bona fide resident of Texas at the time of application for admission or was a bona fide resident of Texas at the time of enlistment, induction, commissioning, appointment or drafting, or who has resided in Texas continuously for at least one year immediately before applying for admission." The Board received several inquiries from families residing in Texas who sought admission into the Texas State Veterans Homes (Homes) for veteran family members residing outside of the state of Texas. These veterans met all eligibility requirements for admission into the Homes except for the residency requirement established under §176.7. The families were requesting admission to bring their family member closer to home for the provision of the veteran's skilled nursing care needs. Approximately a year ago, the Board passed a Resolution allowing the Texas State Veterans Home Program (Program) to waive the residency requirement for applicants residing out of state that would otherwise be eligible to reside in the Homes. The Board wanted to ensure that the Program would utilize this provision before making the waiver of residency part of the admission criteria as established in §176.7 under the rules.
Over the past year, the Program has admitted 12 residents under the Resolution's provisions. The Board concluded that this represented a great need for the change in the residency requirements under certain circumstances. The adopted amendment for subsection (c)(4) fulfills that need.
Finally, the adopted amendments delete current subsection (c)(9). The Program staff determined that criteria no longer applied to the Program's admission policy.
No comments were received regarding any of the proposed amendments to §176.7.
Amendments to 40 TAC §176.7 are adopted under Texas Natural Resources Code, §164.004, which provides the TVLB with the authority to adopt rules necessary and convenient to administer Chapter 164, §§164.001 - 019, Texas Natural Resources Code.
The adopted amendment to §176.7 will affect §164.005 of the Texas Natural Resource Code.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 28, 2008.
TRD-200801180
Trace Finley
Deputy Commissioner, Policy and Governmental Affairs
Texas Veterans Land Board
Effective date: March 19, 2008
Proposal publication date: October 5, 2007
For further information, please call: (512) 475-1859
The Texas Council for Developmental Disabilities (Council) adopts amendments to 40 TAC §§877.1, 877.3, and 877.4 concerning grants awarded to public or private organizations. These rules are adopted without change to the text as published in the January 4, 2008, issue of the Texas Register (33 TexReg 70) and will not be republished.
The amendments clarify that project specific independent reviews and other procedures may be required of Council grant recipients who are not otherwise required to have an annual independent audit by federal or state requirements. The amendments also clarify procedures for Council grantees to request reconsideration of a suspension or termination of funding.
No comments were received regarding adoption of the amendments.
The amendments are adopted under Texas Human Resources Code §112.020(b)(1) which provides the Council with authority to adopt rules as necessary to implement the Council's duties and responsibilities.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 29, 2008.
TRD-200801185
Roger A. Webb
Executive Director
Texas Council for Developmental Disabilities
Effective date: March 20, 2008
Proposal publication date: January 4, 2008
For further information, please call: (512) 437-5442