Part 5.
TEXAS VETERANS LAND BOARD
Chapter 175.
GENERAL RULES OF THE VETERANS LAND BOARD
Subchapter A. GENERAL RULES AND CONTRACTING FINANCING
40 TAC §175.2
The Veterans Land Board of the State of Texas (the "Board")
adopts the amendment to Title 40, Part 5, Chapter 175 of the Texas Administrative
Code, §175.2 relating to Loan Eligibility Requirements of the General
Rules of the Veteran Land Board, without changes to the text as published
in the April 11, 2003, issue of the
Texas Register
(28 TexReg 3035). This amendment changes the definition of "surviving
spouse" in §175.2(a)(5) to match the federal definition. This amendment
also changes §175.2(c)(2) so that the surviving spouse of a veteran is
eligible, if the veteran died as a result of a service-connected cause and
would have been otherwise eligible, but did not enter military service from
Texas.
Sections 161.001(b) and 162.001(b) of the Texas Natural Resources Code
authorize the Board to change the definition of Veteran if it is in the best
interest of the programs. The Board finds that over 70 percent of the housing
loans are made with a guarantee by the USDVA. The Board finds that it serves
the best interest of the programs if a surviving spouse that is eligible for
federal housing benefits is also eligible for the Board programs. The amendment
to §175.2(a)(5) will incorporate the federal definition and modifications
of the term "surviving spouse," including any future changes. The Board also
finds that the present rule does not extend the benefits of the loan programs
to the surviving spouse of a Veteran that would have been eligible for a loan,
who has died as a result of a service-connected cause, but did not enter the
service with Texas as his home of record. The amendments to §175.2(c)(2)
will change the eligibility of a surviving spouse to include the surviving
spouse of a Veteran who died as a result of a service-connected cause and
who was a legal resident of Texas at the time of his or her death. (§177.5(b)
of Title 40, Part 5, Chapter 177 of the Texas Administrative Code automatically
incorporates by reference the changes in this amendment.)
The board withdrew a prior proposed amendment to §175.2(a)(5) to include
both of these changes to §175.2 in one proposed amendment.
No comments were received regarding the proposed amendment.
The amendment to this section is adopted under the Natural Resources
Code, Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.218,
161.222, 161.233, and 161.283, 161.503, 162.001, and Chapter 162, §§162.001,
162.003, and 162.011. These sections authorize the Board to adopt rules that
it considers necessary and advisable for the Land Program and for the Veterans
Housing Assistance Program.
The adopted amendment affects §161.001 and §162.001 of the Natural
Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 20, 2003.
TRD-200303122
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Effective date: June 9, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 305-9129
40 TAC §175.4
The Veterans Land Board of the State of Texas (the "Board")
adopts the amendment to Title 40, Part 5, Chapter 175 of the Texas Administrative
Code, §175.4 relating to Land Description of the General Rules of the
Veteran Land Board, with non-substantives changes to the text as published
in the April 11, 2003, issue of the
Texas Register
(28 TexReg 3037). This amendment allows the Chairman to accept a survey
or field notes, provided a title insurance company will delete the survey
exception in its policy based on that survey. The amendment also provides
that any survey or field notes presented to the board includes a license by
the surveyor to the Board and the veteran purchaser for future use.
Section 161.061 of the Texas Natural Resources Code authorizes the Board
to formulate policies and rules necessary and not in conflict with the law
to ensure the proper administration of the program. The Board finds that its
current requirements for a survey may exceed the requirements for a title
company to insure a survey. The amendment to §175.4 will allow the chairman
to accept a field note description or survey and waive any requirement in
the rule if a title company will delete the survey exception in its policy.
In addition, the Board notes that some surveyors may claim a copyright in
a survey or field notes prepared for a transaction involving the Board. The
Board may use the survey or field notes in future transactions, and therefore
provides for a license from the surveyor. The Board has made a non-substantive
change to §175.4(c) by deleting the word "shall" and making other appropriate
grammatical changes. The amendment to §175.4 includes a requirement for
that license.
No comments were received regarding the proposed amendment.
The amendment to this section is adopted under the Natural Resources
Code, Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.214,
161.218, 161.222, 161.233, and 161.283. These sections authorize the Board
to adopt rules that it considers necessary and advisable for the Land Program.
The change affects §161.061 and §161.214 of the Texas Natural
Resources Code.
§175.4.Land Description.
(a)
Land selected to be purchased by the board must be described
by a legally sufficient metes and bounds description. The property description
must:
(1)
contain a general description of the land, specifying the
acreage contained, the original survey(s) or grant(s) with abstract number(s),
survey number(s) and block designation, if applicable, and the county in which
the tract is located (if the tract is divided by a county line, the appropriate
abstract numbers and acreage on each side of the county line will be shown).
The general description shall also contain the deed reference to the parent
tract including grantor, grantee, date of instrument, and volume and page
of recording. Additional references to other instruments in the chain of title
may be referred to if appropriate;
(2)
contain a specific description of the land, defining each
side of the tract by course and distance or appropriate and complete curve
data, identifying and describing monuments at each corner, and further identifying
the land by calls for other natural and artificial objects on and along the
boundaries and by calls for and reference to adjoining properties where appropriate;
(3)
be tied to a corner of an original grant or survey if such
corner is locatable and if the tie is not impractical to obtain. If it is
impossible or impractical to tie to a corner of an original grant or survey
the tract should tie to a locatable corner of the parent tract or any of the
adjoinders;
(4)
include a description, either by metes and bounds or center
line, of the access easement from the tract to an existing public road of
all tracts which do not abut a public road.
(b)
If the tract selected is in a subdivision, a lot and block
description of the tract may be substituted for the metes and bounds description.
If a lot and block description is to be used, the board must be furnished
a copy of the recorded subdivision plat. This plat must show the recording
information and the required signatures of the governmental entity (commissioners
court, city council, etc.) authorized to accept such subdivision plat. Easements
as necessary for access to a public road from all tracts must be clearly shown
on the subdivision plat together with appropriate language dedicating such
easement to the public or to the owners of tracts in the subdivision. All
the data required in subsection (a) of this section should be shown on the
face of the plat, including courses and distances for all lot lines and areas
for each lot. All plats accepted subsequent to the adoption of this section
shall identify the size and type of monument set at each corner of every lot.
If a lot is part of a subdivision already of record where monumentation is
not shown, a survey plat shall be furnished indicating monuments set or found
at all corners of the tract together with sufficient ties to locate the lot
within the subdivision.
(c)
All metes and bounds descriptions and survey plats shall
bear the seal and original signature of the surveyor preparing the same. Any
field notes or survey plat prepared for and used in any Veterans Land Board
transaction includes a license from the surveyor to the board and the veteran
purchaser to copy and use the field notes in that transaction and in any future
transactions involving the surveyed property.
(d)
Metes and bounds descriptions must be prepared from a survey
of the property made on the ground. The survey should be made in such manner
to be generally acceptable to title companies in the State of Texas for the
purpose of deleting the survey exception clause.
(e)
Each corner of the tract of land shall be marked by concrete
or metal monuments or other durable monuments generally used in the area.
A description of each monument set or found and its location, with witnesses
as available, shall be incorporated into the metes and bounds description
of the property.
(f)
When a roadway or easement crosses a tract, it shall be
described sufficiently to enable its location throughout the tract and its
area to be determined.
(g)
Property descriptions and subdivision plats will be examined
by the board for acreage, closure, and sufficiency. The board's determination
of these items will control.
(h)
The surveyor should be instructed to do a proper boundary
survey of the land to be conveyed according to the record boundaries of the
tracts involved. Any encroachments by existing perimeter fences into the subject
tract or into adjacent tracts should be shown together with the area of any
lands lying between the record boundaries and the existing occupation. Any
occupation on the ground not conforming to the record boundaries should be
shown on a plat of survey and fully explained in an accompanying surveyors
report.
(i)
The chairman may waive any of the foregoing requirements
and accept a survey deemed sufficient by the title company to permit deletion
of the survey exception clause.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 20, 2003.
TRD-200303123
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Effective date: June 9, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 305-9129
40 TAC §175.5
The Veterans Land Board of the State of Texas (the "Board")
adopts the amendment to Title 40, Part 5, Chapter 175 of the Texas Administrative
Code, §175.5 relating to Appraisal of Land of the General Rules of the
Veteran Land Board without changes to the text as published in the April 11,
2003, issue of the
Texas Register
(28 TexReg
3038). This amendment corrects a reference to another section.
Section 161.061 of the Tex. Nat. Res. Code authorizes the Board to adopt
rules. Section 161.212 of the Texas Natural Resources Code requires an appraisal
of the land. The Board finds that the reference in §175.5(a) to §175.6(c)
is incorrect. A previous rule change now requires that the reference be updated
to §175.6(d). This amendment changes the reference to the correct section.
No comments were received regarding the proposed amendment.
The amendment to this section is adopted under the Natural Resources
Code, Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.218,
161.222, 161.233, and 161.283. These sections authorize the Board to adopt
rules that it considers necessary and advisable for the Land Program.
The change affects §161.212 of the Texas Natural Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 20, 2003.
TRD-200303124
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Effective date: June 9, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 305-9129
40 TAC §175.18
Veterans Land Board of the State of Texas (the "Board")
adopts the amendment to Title 40, Part 5, Chapter 175 of the Texas Administrative
Code, §175.18 relating to Resale of Forfeited Land of the General Rules
of the Veteran Land Board, without changes to the text as published in the
April 11, 2003, issue of the
Texas Register
(28
TexReg 3039). This amendment allows the Board to sell forfeited or foreclosed
land under either a contract for sale or a note and deed of trust.
Section 161.319(a) of the Texas Natural Resources Code authorizes the Board
to sell forfeited tracts under terms and conditions and at the time and in
the manner prescribed by the board in its rules. Subchapter K of Chapter 161
of the Texas Natural Resources Code allows the board to finance land to Veterans
secured by a mortgage, deed of trust, or other lien. The Board finds that
it is in the best interest of the program if the Board can sell forfeited
or foreclosed land under either financing method. The amendments to §175.18
will allow sales of forfeited or foreclosed tracts under either a contract
for sale or a note and deed of trust.
No comments were received regarding the proposed amendment.
The amendment to this section is adopted under the Natural Resources
Code, Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.218,
161.222, 161.233, 161.283, 161.319, 161.501, 161.503, and 161.513. These sections
authorize the Board to adopt rules that it considers necessary and advisable
for the Land Program.
The change affects §§161.319, 161.501, and 161.513 of the Texas
Natural Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 20, 2003.
TRD-200303125
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Effective date: June 9, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 305-9129
40 TAC §177.14
The Veterans Land Board of the State of Texas (the "Board")
adopts the amendment to Title 40, Part 5, Chapter 177 of the Texas Administrative
Code, §177.14 relating to Loan Amounts, of the Veterans Housing Assistance
Program without changes to the text as published in the April 11, 2003, issue
of the
Texas Register
(28 TexReg 3040). The
adopted amendment allows the Board to set the maximum loan amount for a home
improvement loan by resolution.
Section 162.003 of the Texas Natural Resources Code authorizes the Board
to adopt rules to administer the Veterans Housing Assistance Program. Section
162.011 give the Board the authority to set the maximum principal amount of
loans. The Board finds that the present limit for home improvement loans does
not match lending practices prevalent in the residential mortgage lending
industry. The adopted amendment to §177.14 will allow the board to increase
the present limit for home improvement loans to match the lending industry
and to make future changes by resolution.
No comments were received were the proposed amendment.
The amendment to this section is adopted under the Natural Resources
Code, Title 7, Chapter 162, §§162.001, 162.003, and 162.011. These
sections authorize the Board to adopt rules that it considers necessary and
advisable for the Land Program.
The change affects §162.003 and §162.011 of the Texas Natural
Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 20, 2003.
TRD-200303126
Larry L. Laine
Chief Clerk, Deputy Commissioner
Texas Veterans Land Board
Effective date: June 9, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 305-9129
Chapter 702.
GENERAL ADMINISTRATION
Subchapter E. MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
Chapter 177.
VETERANS HOUSING ASSISTANCE PROGRAM
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES