PART 15. TEXAS VETERANS COMMISSION
CHAPTER 452. ADMINISTRATION GENERAL PROVISIONS
The Texas Veterans Commission (Commission) proposes amendments to Chapter 452, Administration General Provisions, §452.2, Advisory Committees.
PART I. PURPOSE AND BACKGROUND
The proposed amendments update the rule to remove references to the following advisory committees, which the Commissioners voted to abolish at the last Commission meeting: the Veteran Services Advisory Committee and the Veterans County Service Officer Advisory Committee.
PART II. EXPLANATION OF SECTIONS
Section 452.2 Advisory Committees
Removes Subsection (b) Veteran Services Advisory Committee.
Removes Subsection (d) Veterans County Service Officer Advisory Committee.
Renumbers Subsection (c) Fund for Veterans' Assistance Advisory Committee as new subsection (b).
PART III. IMPACT STATEMENTS
FISCAL NOTE
Michelle Nall, the Texas Veterans Commission's Chief Financial Officer, has determined for each year of the first five years the proposed rule amendments are in effect, there will not be an increase in expenditures or revenue for state and local government due to administering the proposed rule.
COSTS TO REGULATED PERSONS
Ms. Nall has also determined that there will not be anticipated economic costs for people required to comply with the proposed rule amendments.
LOCAL EMPLOYMENT IMPACT
Charles Catoe, the Texas Veterans Commission's Director of Operations, has determined that the proposed rule amendments will not significantly impact employment conditions in the state.
SMALL BUSINESS, MICRO BUSINESS AND RURAL COMMUNITIES IMPACT
Megan Tamez, Director of the Veterans Entrepreneur Program at the Texas Veterans Commission, has determined that the proposed rule amendments will not adversely affect small businesses, micro-businesses, or rural communities as defined in Texas Government Code §2006.001. As a result, an Economic Impact Statement and Regulatory Flexibility Analysis are not required.
PUBLIC BENEFIT
Mr. Deabay has determined that for each of the first five years the proposed rule amendments are in effect, the public benefit anticipated due to administering the amended rule will more closely align with the Texas Veterans Commission's operations.
GOVERNMENT GROWTH IMPACT STATEMENT
Mr. Deabay has also determined that for each year of the first five years that the proposed rule amendments are in effect, the following statements will apply:
The proposed rule amendments will not create or eliminate a government program.
Implementation of the proposed rule amendments will not require creation of new employee positions, or elimination of existing employee positions.
Implementation of the proposed rule amendments will not require an increase or decrease in future legislative appropriations to the agency.
No fees will be created by the proposed rule amendments.
The proposed rule amendments will not require new regulations.
The proposed rule amendments have no effect on existing regulations.
The proposed rule amendments have no effect on the number of individuals subject to the rule's applicability.
The proposed rule amendments have no effect on this state's economy.
PART IV. COMMENTS
Comments on the proposed amended rules may be submitted to Texas Veterans Commission, Attention: General Counsel, P.O. Box 12277, Austin, Texas 78711; faxed to (512) 475-2395; or emailed to rulemaking@tvc.texas.gov. Please include "Advisory Committee Rules" in the subject line for comments submitted electronically. The Commission must receive comments postmarked no later than 30 days from the date this proposal is published in the Texas Register.
STATUTORY AUTHORITY
The rule amendments are proposed under Texas Government Code §434.010, which authorizes the commission to establish rules it considers necessary for its administration.
§452.2.Advisory Committees.
(a) The commission may establish advisory committees in accordance with Texas Government Code, Chapter 2110. The following shall apply to each advisory committee:
(1) Agency role. The executive director may direct one or more staff members of the agency to assist each advisory committee. These positions shall be non-voting.
(2) Committee size and appointment of members. Each advisory committee shall be composed of nine members appointed by the commission. Members of each committee serve at the pleasure of the commission and may be removed from a committee by a majority vote of the commission.
(3) Committee chair and vice chair.
(A) The committee chair will be selected by the commission. The committee chair shall serve a term as determined by the commission. The committee chair determines the agenda for each meeting.
(B) The vice chair of each advisory committee is selected by the committee's voting members. Committee vice chair term lengths are one or two-year terms as determined by the committee's voting members and are limited to two years of service as the vice chair during their appointment to the committee. The vice chair shall perform the chair duties when the chair is unavailable or unable to perform.
(4) Conditions of membership.
(A) Terms of service. The term of office for each member will be determined by the commission in order to achieve staggered terms. In the event that a member cannot complete his or her term, or is removed by the commission, the commission shall appoint a qualified replacement to serve the remainder of the term.
(B) Participation. Participation on an advisory committee is voluntary.
(C) Compensation. Advisory committee members appointed by the commission shall serve without compensation.
(D) Reimbursement. The commission may, if authorized by law and the executive director, reimburse a member of a committee for reasonable and necessary expenses up to four times per calendar year. Current rules and laws governing reimbursement of expenses for state employees shall govern reimbursement of expenses for advisory committee members.
(5) Training. Each committee member shall receive initial training to ensure compliance with the Open Meetings Act. Training should also include an overview of the agency's mission and organizational structure, the overall purpose or goals of the committee, as well as other information that will assist members to accomplish committee goals.
(6) Responsibilities. Each advisory committee will review issues and provide advice to the commission, as charged by the commission.
(7) Meetings. Each advisory committee shall meet as needed by the commission. Advisory committee meetings may be conducted by video conference. Each advisory committee shall be subject to meeting at the call of the committee chair or designee. A quorum shall consist of a majority of the committee membership. The committees shall comply with Open Meetings Act requirements as provided in Texas Government Code, Chapter 551.
(8) Reports. The committee chair or designee of each advisory committee shall regularly report to the commission regarding its activities and recommendations, and, when requested by the commission, shall file with the commission a report containing:
(A) the minutes of meetings;
(B) a memo summarizing the meetings; and
(C) a list of the committee's recommendations, if any.
(9) Evaluation and duration. Each advisory committee shall remain in existence as long as deemed necessary by the commission based on a regular evaluation of the continuing need for each advisory committee. The executive director or staff may assist with this evaluation at the direction of the commission.
(10) Formation of subcommittees. Each advisory committee shall notify the commission of any adopted subcommittees and their purpose in its quarterly report.
[(b) Veteran Services Advisory Committee.]
[(1) Purpose. The purpose of the Veteran Services Advisory Committee (VSAC) is to develop recommendations to improve overall services to veterans, their families, and survivors by the TVC. TVC leadership will provide veteran service topics to the committee for analysis and feedback.]
[(2) Committee member qualifications. The Committee shall be comprised of veterans and/or non-veterans that are interested in significantly improving the quality of life for all Texas veterans, their families, and survivors.]
(b) [(c)] Fund for Veterans'
Assistance Advisory Committee.
(1) Purpose. The purpose of the Fund for Veterans' Assistance Advisory Committee is to evaluate grant applications and make recommendations to the commission.
(2) Committee member qualifications.
(A) Committee members may include representatives from veterans' organizations, non-profit or philanthropic organizations, veterans or family members of veterans, and other individuals with the experience and knowledge to assist the committee with achievement of its purpose.
(B) Committee members may not include officers, directors or employees of organization or entities that have an open Fund for Veterans' Assistance grant during the member's tenure or that intend to submit an application for a Fund for Veterans' Assistant grant.
(C) Committee members will be required to sign non-disclosure and conflict of interest agreements before reviewing grant applications. Committee members found in violation of the non-disclosure agreement will be prohibited from evaluating grant applications and making recommendations to the commission. Committee members found in violation of any agreement may also be removed from the committee by the commission.
(3) Meetings. The Fund for Veterans' Assistance Advisory Committee shall meet as needed to make grant recommendations to the commission.
[(d) Veterans County Service Officer Advisory Committee.]
[(1) Purpose. The purpose of the Veterans County Service Officer Advisory Committee is to develop recommendations to improve the support and training of Veterans County Service Officers and to increase coordination between Veterans County Service Officers and the Texas Veterans Commission related to the statewide network of services being provided to veterans.]
[(2) Committee member qualifications. The members shall be current Veterans County Service Officers with the experience and knowledge to assist the committee with achievement of its purpose.]
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 November 15, 2024.
TRD-202405524
Kathleen Cordova
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: December 29, 2024
For further information, please call: (737) 320-4167
The Texas Veterans Commission (Commission) proposes two new rules in Chapter 452 of Title 40, Part 15 of the Texas Administrative Code, §452.9 and §452.10.
PART I. PURPOSE AND BACKGROUND
The first proposed new rule describes how the agency's employee sick leave pool is administered in accordance with Texas Government Code Chapter 661. The new rule complies with Texas Government Code §661.002(c), which requires state agencies to adopt rules and prescribe procedures for administering the agency's employee sick leave pool.
The second proposed new rule establishes procedures for administering the agency's family leave pool in accordance with Texas Government Code §661.022, which requires state agencies to adopt rules and prescribe procedures for operating the family leave pool.
The Commission has previously established policies for the sick and family leave pools. The new rules are to acknowledge the current Commission practices formally.
PART II. EXPLANATION OF SECTIONS
§452.9. Sick Leave Pool
New §452.9 sets out how the agency administers the agency's sick leave pool.
§452.10 Family Leave Pool
New §452.10 describes how the agency administers the agency's family leave pool.
PART III. IMPACT STATEMENTS
FISCAL NOTE
Michelle Nall, the Texas Veterans Commission's Chief Financial Officer, has determined that for the first five-year period the proposed new rules are in effect there will be no fiscal implications for state or local governments. The related policies and procedures are in place, and there is no anticipated additional cost because of the rulemaking.
COSTS TO REGULATED PERSONS
Ms. Nall has also determined that there will be no anticipated economic costs for persons required to comply with the proposed new rules.
LOCAL EMPLOYMENT IMPACT
Charles Catoe, Director of Operations for the Texas Veterans Commission, has determined that the proposed new rules will not significantly impact employment conditions in the state.
SMALL BUSINESS, MICRO BUSINESS AND RURAL COMMUNITIES IMPACT
Megan Tamez, Veterans Entrepreneur Program of the Texas Veterans Commission, has determined that the proposed new rules will not adversely affect small businesses, micro-businesses, or rural communities as defined in Texas Government Code §2006.001. As a result, an Economic Impact Statement and Regulatory Flexibility Analysis are not required.
PUBLIC BENEFIT
Mr. Deabay has also determined that for each year of the first five-year period the rules are in effect, the anticipated public benefit will be enhanced transparency on agency policy and procedures.
GOVERNMENT GROWTH IMPACT STATEMENTS
Mr. Deabay has also determined that for each year of the first five years that the proposed rule amendment is in effect, the following statements will apply:
1. The proposed rule amendment will not create or eliminate a government program.
2. Implementation of the proposed rule amendment will not require creation of new employee positions, or elimination of existing employee positions.
3. Implementation of the proposed rule amendment will not require an increase or decrease in future legislative appropriations to the agency.
4. No fees will be created by the proposed rule amendment.
5. The proposed rule amendment will not require new regulations.
6. The proposed rule amendment has no effect on existing regulations.
7. The proposed rule amendment has no effect on the number of individuals subject to the rule's applicability.
8. The proposed rule amendment has no effect on this state's economy.
PART IV. COMMENTS
Comments on the proposed new rules may be submitted to Attention: General Counsel, Texas Veterans Commission, P.O. Box 12277, Austin, Texas 78711 or by fax to (512) 475-2395. Comments may also be submitted electronically to rulemaking@tvc.texas.gov. For comments submitted electronically, please include "Leave Pool Rules" in the subject line. The deadline for submission of comments is thirty (30) days from the publication date of the proposed new rules in the Texas Register. Comments should be organized consistently with the organization of the rule under consideration.
PART V.
STATUTORY AUTHORITY
The rules are proposed under Texas Government Code §434.010, granting the commission the authority to establish rules, Texas Government Code §661.002(c), which requires state agencies to adopt rules and prescribe procedures relating to the administration of the agency's sick leave pool, and Texas Government Code §661.022, which requires state agencies to adopt rules and prescribe procedures relating to the operation of a family leave pool.
No other statutes, articles, or codes are affected by the proposal.
§452.9.Sick Leave Pool.
(a) A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all eligible leave time earned by that employee and to lose compensation time from the state.
(b) The Human Resources Director is designated as the pool administrator and shall develop and maintain the necessary policy for the administration of the sick leave pool consistent with Texas Government Code, Chapter 661.
(c) All contributions to the sick leave pool are voluntary. Employees who make contributions to the pool may not stipulate who receives their contributions.
(d) An employee may only withdraw time from the sick leave pool in the case of a catastrophic illness or injury of the employee or the employee's immediate family member. The employee must have exhausted all eligible paid leave prior to being awarded sick leave from the pool. The pool administrator shall review the request and determine the amount of time an employee may withdraw from the pool.
§452.10.Family Leave Pool.
(a) A family leave pool is established to provide eligible employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee's own serious illness, including pandemic-related illnesses or complications caused by a pandemic.
(b) All employee contributions to the family leave pool are voluntary. There is no limitation on the amount or frequency of contributions. Employees who contribute accrued sick or vacation leave hours to the pool may not designate the contributed hours for use by a specific employee. Employees who contribute leave hours to the pool may not withdraw the contributed hours.
(c) An employee may only apply to withdraw time from the family leave pool if the employee has exhausted all eligible personal leave due to:
(1) the birth of a child;
(2) the placement of a foster child or adoption of a child under 18 years of age;
(3) the placement of any person 18 years of age or older requiring guardianship;
(4) a serious illness to an immediate family member of the employee, including pandemic-related illness;
(5) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member; or
(6) a previous donation of time to the pool.
(d) The Texas Veterans Commission's Human Resources Director is designated as the pool administrator.
(e) The pool administrator shall develop and maintain a policy, operating procedures, and forms, as necessary, for the administration of the family leave pool subject to approval by the Executive Director.
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 November 15, 2024.
TRD-202405525
Kathleen Cordova
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: December 29, 2024
For further information, please call: (737) 320-4167
The Texas Veterans Commission proposes the repeal of Title 40, Texas Administrative Code, Part 15, Chapter 463, relating to the Veteran Verification Letter.
PART I. PURPOSE AND BACKGROUND
The proposed repeal is to remove a rule that is not required by statute. The requirements contained in the rule may instead be outlined in Texas Veterans Commission procedures.
PART II. EXPLANATION OF SECTIONS
The repeal of Chapter 463 removes procedures for requesting a Veteran Verification Letter.
PART III. IMPACT STATEMENTS
FISCAL NOTE
Michelle Nall, the Texas Veterans Commission's Chief Financial Officer, has determined that for the first five-year period the proposed rule repeal will be in effect, there will be no fiscal implications for state or local governments. The related policies and procedures are in place, and there is no anticipated additional cost because of the rulemaking.
COSTS TO REGULATED PERSONS
Ms. Nall has also determined that there will be no anticipated economic costs for persons required to comply with the proposed rule repeal.
LOCAL EMPLOYMENT IMPACT
Charles Catoe, Director of Operations for the Texas Veterans Commission, has determined that the proposed rule repeal will not significantly impact employment conditions in the state.
SMALL BUSINESS, MICRO BUSINESS AND RURAL COMMUNITIES IMPACT
Megan Tamez, Veterans Entrepreneur Program of the Texas Veterans Commission, has determined that the proposed rule repeal will not adversely affect small businesses, micro-businesses, or rural communities as defined in Texas Government Code §2006.001. As a result, an Economic Impact Statement and Regulatory Flexibility Analysis are not required.
PUBLIC BENEFIT
Mr. Deabay has also determined that for each year of the first five-year period the proposed rule repeal will be in effect, the anticipated public benefit will be clearer guidance on the Veteran Verification Letter process.
GOVERNMENT GROWTH IMPACT STATEMENTS
Mr. Deabay has also determined that for each year of the first five years that the proposed rule repeal is in effect, the following statements will apply:
1. The proposed rule repeal will not create or eliminate a government program.
2. Implementation of the proposed rule repeal will not require creation of new employee positions, or elimination of existing employee positions.
3. Implementation of the proposed rule repeal will not require an increase or decrease in future legislative appropriations to the agency.
4. No fees will be created by the proposed rule repeal.
5. The proposed rule repeal will not require new regulations.
6. The proposed rule repeal has no effect on existing regulations.
7. The proposed rule repeal has no effect on the number of individuals subject to the rule's applicability.
8. The proposed rule repeal has no effect on this state's economy.
PART IV. COMMENTS
Comments on the proposed rule repeal rule may be submitted to Texas Veterans Commission, Attention: General Counsel, P.O. Box 12277, Austin, Texas 78711; faxed to (512) 475-2395; or emailed to rulemaking@tvc.texas.gov. For comments submitted electronically, please include "Chapter 463 Rules" in the subject line. The commission must receive comments postmarked no later than 30 days from the date this proposal is published in the Texas Register.
PART V.STATUTORY AUTHORITY
The rule repeal is proposed under Texas Government Code §434.010 which authorizes the commission to establish rules it considers necessary for its administration. No other statutes, articles, or codes are affected by this proposal.
No other statutes, articles, or codes are affected by the proposal.
§463.1.Purpose.
§463.2.Application.
§463.3.Definitions.
§463.4.Process.
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 November 15, 2024.
TRD-202405526
Kathleen Cordova
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: December 29, 2024
For further information, please call: (737) 320-4167