(a) The Texas Health and Human Services Commission counts the equity value of a person's ownership of or interest in mineral rights as a resource, unless the mineral rights are:
  (1) connected with property excluded as a home; or
  (2) excluded as property essential to self-support under 20 CFR §§416.1220, 416.1222, and 416.1224.
(b) Ownership of mineral rights may or may not be associated with ownership of land. Surface rights are ownership interests in the exterior or upper boundary of land. Ownership of mineral rights does not automatically indicate ownership of surface rights.

Source Note: The provisions of this §358.351 adopted to be effective September 1, 2009, 34 TexReg 5497