PART 15. TEXAS VETERANS COMMISSION
CHAPTER 460. FUND FOR VETERANS' ASSISTANCE PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS REGARDING THE FUND FOR VETERANS' ASSISTANCE PROGRAM
The Texas Veterans Commission (Commission) proposes a new rule, Chapter 460, Subchapter A, concerning the General Provisions Regarding the Fund for Veterans' Assistance Program, located in Title 40, Part 15, of the Texas Administrative Code.
PART I. PURPOSE AND BACKGROUND
Effective September 1, 2023, HB 2951 amended Chapter 434, Government Code by adding §434.029 to allow the commission to establish a pilot program for veterans to assist in mitigating the symptoms of military service-related post-traumatic stress disorder, traumatic brain injury, or military sexual trauma through the provision of a service dog. The pilot program concludes, and this section expires September 1, 2027.
PART II. EXPLANATION OF SECTION
SUBCHAPTER A. GENERAL PROVISIONS REGARDING THE FUND FOR VETERANS' ASSISTANCE PROGRAM
§460.18. Service Dog Pilot Program.
Section 460.18 sets out the requirements of the agency to establish a pilot program for veterans to assist in mitigating the symptoms of military service-related post-traumatic disorders, traumatic brain injury, military sexual trauma through the provision of a trained service dog.
PART III. IMPACT STATEMENTS
FISCAL NOTE
Coretta Briscoe, Chief Financial Officer of the Texas Veterans Commission, has determined for each year of the first five years the proposed rule amendment 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. Briscoe has also determined there will not be anticipated economic costs to persons required to comply with the proposed rule.
LOCAL EMPLOYMENT IMPACT
Anna Baker, 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 from the proposed rule.
SMALL BUSINESS, MICRO BUSINESS AND RURAL COMMUNITIES IMPACT
Megan Tamez, 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
Shawn Deabay, 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 amended rule will increase participation within each of the agency's three remaining advisory committees.
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 rule 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 "Service Dog Pilot Program" in the subject line. The deadline for submission of comments is twenty days from the date of publication of the proposed new rule in the Texas Register. Comments should be organized in a manner consistent with the organization of the rule under consideration.
PART V. STATUTORY AUTHORITY
The new rule is proposed under Texas Government Code §434.010, granting the commission the authority to establish rules; and at the directive of H.B. 2951, 88th Legislature, Regular Session (2023), and Texas Government Code §434.017, granting the Commission the authority to establish rules governing the award of grants by the Commission.
No other statutes, articles, or codes are affected by this proposal.
§460.18.Service Dog Pilot Program.
It is the objective of the Service Dog Pilot Program to assist veterans in mitigating the symptoms of military service-related post-traumatic stress disorder, traumatic brain injury, or military sexual trauma through the provision of a service dog. Funds were appropriated for this purpose by the 88th Legislature (General Appropriations Act, Article I, Rider 14, 88th Legislature, Regular Session).
(1) Texas Veterans Commission (TVC) will award grants to non-profit corporations under Texas Government Code §434.017 to provide trained service dogs, training, and services to veterans who participate in the pilot program.
(2) The commission will include the Service Dog Pilot Program grants in the Request for Applications (RFA) for the duration of the pilot program.
(3) Non-profit corporations will be selected for grants under the pilot program based on the criteria listed in Texas Government Code §434.029 and the RFA.
(4) Non-profit corporations selected for these grants are expected to track and provide data for TVC to evaluate the pilot program and prepare a report as required by Texas Government Code §434.029.
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 July 14, 2023.
TRD-202302512
Kathleen Cordova
General Counsel
Texas Veterans Commission
Earliest possible date of adoption: August 27, 2023
For further information, please call: (737) 320-4167