PART 5. TEXAS VETERANS LAND BOARD
CHAPTER 175. GENERAL RULES OF THE VETERANS LAND BOARD
SUBCHAPTER A. GENERAL RULES AND CONTRACTING FINANCING
The Texas Veterans Land Board (Board) proposes amendments to 40 Texas Administrative Code §175.2, concerning Loan Eligibility Requirements. The proposed amendments add a subsection that allows veterans eligible to participate in the Veterans' Land Program (Program) who are spouses to apply for a Program loan jointly for a single tract of land.
At its special called meeting on April 30, 2024, the Board unanimously approved a recommendation from its staff to incorporate the proposed amendments in §175.2. In reviewing Program eligibility requirements, Board staff determined that allowing otherwise Program-eligible veterans who are spouses the option of combing their loan amounts to purchase a single tract of land to be a benefit to the state's veteran community.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT: Mr. Raul Gonzales, Deputy Director for the Board's Land and Housing Program, has determined that for the first five-year period the proposed amendments are in effect, there will be no fiscal implications for the state or local governments as a result of the proposed amendments.
PUBLIC BENEFITS AND PROBABLE ECONOMIC COSTS: Mr. Gonzales has determined that for each year of the first five years the proposed amendments are in effect, there will be no economic effect on businesses or individuals. The public benefit will be the increase in benefits available to the state's veterans.
LOCAL EMPLOYMENT IMPACT STATEMENT: Mr. Gonzales has determined that the proposed amendments will not affect a local economy, so the Board is not required to prepare a local employment impact statement under Texas Government Code, §2001.022.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES: The Board has determined there will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed amendments, therefore preparation of an economic impact statement and a regulatory flexibility analysis, as detailed under Texas Government Code, §2006.002, is not required.
GOVERNMENT GROWTH IMPACT STATEMENT: Pursuant to Texas Government Code, §2001.0221, Mr. Gonzales provides the following Government Growth Impact Statement for the proposed amendments. For each year of the first five years the proposed amendments will be in effect, the Board has determined the following:
(1) the proposed amendments will not create or eliminate a government program;
(2) implementation of the proposed amendments will not require the creation or elimination of existing employee positions;
(3) implementation of the proposed amendments will not require an increase or decrease in future legislative appropriations to the Booard;
(4) the proposed amendments will not require an increase or decrease in fees paid to the Board;
(5) the proposed amendments do not create a new regulation;
(6) the proposed amendments will not expand, limit, or repeal an existing regulation;
(7) the proposed amendments will not increase or decrease the number of individuals subject to the rules; and
(8) the proposed amendments will not affect this state's economy.
PUBLIC COMMENT REQUEST: Written comments on the proposed amendments may be submitted by mail to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463-6311 or email to walter.talley@glo.texas.gov. Written comments must be received no later than 5:00 p.m., thirty (30) days from the date of publication of the proposed amendments in the Texas Register.
The amendments are proposed under Section 161.001 of the Texas Natural Resources Code, which allows the Board by rule to change the definition of "veteran" as necessary or appropriate to protect the best interests of the Veterans' Land Program. The Code affected by this proposal is Chapter 161 of the Texas Natural Resources Code.
§175.2.Loan Eligibility Requirements
(a) - (f) (No change.)
(g) If both spouses are individually eligible to participate in the program, nothing herein shall be construed to prohibit them from applying for a loan to jointly purchase the same tract of land. The Board may make a loan for the purchase of the same tract of land by two veterans who are spouses, but only if both spouses together satisfy the loan qualification requirements of the program. The total amount of this loan shall not exceed the maximum amount allowable for this type of loan.
(h) [(g)] Any requirement of
this section, or of any section within this chapter, which is not
otherwise required by the constitution or statutes of this state,
may be waived on a case by case basis by the Veterans Land Board.
Any waiver request must be in writing and must describe the circumstances
surrounding the request, including all of the reasons why the waiver
is requested.
(i) [(h)] For purposes of this
section, a person who has been discharged from the branch of the service
in which the person served or from the reserve or National Guard is
considered not to have been dishonorably discharged if the person:
(1) received an honorable discharge;
(2) received a discharge under honorable conditions; or
(3) received a discharge and provides evidence from the United States Department of Veterans Affairs, its successor, or other competent authority that indicates that the character of the person's duty has been determined to be other than dishonorable.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 14, 2024.
TRD-202402155
Mark Havens
Chief Clerk
Texas Veterans Land Board
Earliest possible date of adoption: June 30, 2024
For further information, please call: (512) 475-1859