TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 15. TEXAS VETERANS COMMISSION

CHAPTER 460. FUND FOR VETERANS' ASSISTANCE PROGRAM

SUBCHAPTER A. GENERAL PROVISIONS REGARDING THE FUND FOR VETERANS' ASSISTANCE PROGRAM

40 TAC §460.17

The Texas Veterans Commission (Commission) proposes new §460.17 of Title 40, Part 15, Chapter 460, Subchapter A of the Texas Administrative Code, concerning Veterans County Service Office Grants.

PART I. PURPOSE AND BACKGROUND

The new rule is proposed to comply with Senate Bill (SB) 1679, 85th Legislature, Regular Session (2017). SB 1679 created new Texas Government Code §434.017(c-3) and amended §434.017(d) requiring the Commission to adopt rules governing the award of grants to veterans county service offices. The Commission must use at least 5 percent of the money appropriated to the Commission in each state fiscal year to award grants to veterans county service offices. Veterans county service offices that receive a grant shall use the money to provide direct assistance and services to veterans residing in the county served by that office. Senate Bill 1679 took effect on September 1, 2017.

Commission staff coordinated its review of the proposed rule language with members of the Veterans County Service Officer Association of Texas (VCSOAT), and members of TVC's Veterans County Service Officer Advisory Committee. The new rule is proposed as a result of this collaborative review.

PART II. EXPLANATION OF SECTION

SUBCHAPTER A. GENERAL PROVISIONS REGARDING THE FUND FOR VETERANS' ASSISTANCE GRANT PROGRAM

§460.17. Veterans County Service Office Grants.

This is a new section that establishes the purpose and administration of the Veterans County Service Office grants.

PART III. IMPACT STATEMENTS

FISCAL NOTE

Michelle Nall, Chief Financial Officer of the Texas Veterans Commission, has determined for each year of the first five years the proposed rule will be in effect, there will not be an increase in expenditures or revenue for state and local government as a result of administering the proposed rule.

COSTS TO REGULATED PERSONS

Ms. Nall has also determined there will not be anticipated economic costs to persons required to comply with the proposed rule.

LOCAL EMPLOYMENT IMPACT

Tim Shatto, Director, Veterans Employment Services of the Texas Veterans Commission, has determined that there will not be a significant impact upon employment conditions in the state as a result of the proposed rule.

SMALL BUSINESS, MICRO BUSINESS, AND RURAL COMMUNITIES IMPACT

Robyn Provost, Manager, Veterans Entrepreneur Program of the Texas Veterans Commission, has determined that the proposed rule will not have an adverse economic effect on 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 is not required.

PUBLIC BENEFIT

Cruz Montemayor, Deputy Executive Director of the Texas Veterans Commission, has determined that for each year of the first five years the proposed rule is in effect, the public benefit anticipated as a result of administering the new rule will be specific funding opportunities available to county programs to meet the needs of Texas veterans and their families.

GOVERNMENT GROWTH IMPACT STATEMENTS

Mr. Montemayor has also determined that for each year of the first five years that the proposed rule is in effect, the following statements will apply:

(1) The proposed rule will not create or eliminate a government program.

(2) Implementation of the proposed rule may create a new employee position that may be paid by the grant.

(3) Implementation of the proposed rule will not require an increase or decrease in future legislative appropriations to the agency.

(4) No fees will be created by the proposed rule.

(5) The proposed rule will not require new regulations.

(6) The proposed rule has no effect on existing regulations.

(7) The proposed rule has no significant impact on the number of individuals subject to the rule's applicability.

(8) The proposed rule positively affects this state's economy by providing additional funding for veterans' services.

PART IV. COMMENTS

Comments on the proposed new 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 "VCSO 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 new rule is proposed under Texas Government Code §434.017(d), which authorizes the Commission to establish rules governing the award of grants to veterans county service offices.

The new rule implements new Texas Government Code §434.017(c-3), enacted by Senate Bill 1679, 85th Legislature, Regular Session, 2017. No other statutes, articles, or codes are affected by this proposal.

§460.17.Veterans County Service Office Grants.

(a) Grants made to Veterans County Service Offices under Texas Government Code §434.017(c-3) shall be used to provide direct assistance and services to veterans and their families residing in the county served by that office.

(b) Veterans County Service Offices may submit applications under the General Assistance, Housing4TexasHeroes, or Veterans Mental Health grant programs.

(c) To be eligible for Veterans County Service Office grant funding, the Veterans County Service Officer (VCSO) must be the Project Manager.

(d) Grants to Veterans County Service Offices shall comply with the rules set forth in this chapter governing the Fund for Veterans' Assistance and the requirements set forth in §434.017 and Chapter 2306, Texas Government Code.

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 13, 2017.

TRD-201704561

Charles Catoe

Director, Fund for Veterans’ Assistance

Texas Veterans Commission

Earliest possible date of adoption: December 24, 2017

For further information, please call: (512) 463-6535