(a) No Liability. The Mortgage Grant Fund, the Commissioner, and the Department are not liable to a claimant for a claim approved by the Commissioner under Finance Code §156.555 if the assets of the Mortgage Grant Fund are insufficient to pay such claim.
(b) Payment of Unpaid Claims. If the Mortgage Grant Fund contains insufficient assets to pay a claim approved by the Commissioner under Finance Code §156.555, the Commissioner will:
  (1) record the time and date the claim was approved; and
  (2) pay approved but unpaid claims for which a recordation was made under paragraph (1) of this subsection as funds in the Mortgage Grant Fund become available, in the order of the recorded time and date of such claims; and, provided, the Commissioner determines in his or her sole discretion that disbursement from the Mortgage Grant Fund will not injure, hamper, or impede the Commissioner's administration of and disbursements from the Mortgage Grant Fund for purposes of Finance Code §156.554.

Source Note: The provisions of this §51.504 adopted to be effective July 14, 2022, 47 TexReg 3962