Texas Administrative Code

The ADR Coordinator shall have the following responsibilities: (1) Establish a method of choosing ITPs who possess the minimum qualifications described in §154.052 of the GDRA; (2) Establish a pool of ITPs to resolve contested matters through ADR procedures; (3) Coordinate the im…

(a) For each matter referred for ADR procedures, the ADR Coordinator shall assign an ITP selected by the parties from the GLO's list of potential ITPs unless the parties agree upon the use of a private ITP. (b) A private ITP may be hired for commission of ADR procedures provided …

(a) The ITP shall complete the minimum training standards set forth in §154.052 of the GDRA, prior to starting any ADR procedure for the VLB through programs approved by the ADR Coordinator, unless the required training is waived by the ADR Coordinator. (b) The ITP shall have the…

(a) To initiate the ADR process, a party to a contested matter must submit a written ADR proposal form to the ADR Coordinator. The ADR proposal form can be found on the VLB's website at www.glo.state.tx.us/vlb/. Upon completion of the form, it should be submitted to the ADR Coord…

(a) After the original veteran-purchaser has been in possession of the tract for at least three years from the date of closing, the contract of sale and purchase may be Transferred in one of the following ways: (1) the contract may be assigned to an eligible veteran without any i…

(a) All parties participating in an ADR procedure are expected to make a good faith effort to reach agreement. (b) All parties participating must have the authority to reach an agreement to make a final recommendation to resolve the dispute. (c) The Commissioner will abide by an …

(a) Except as provided in subsections (c) and (d) of this section, communications, records, conduct and demeanor of an ITP and parties relating to the subject matter made by a party in an ADR procedure, whether before or after the initiation of formal proceedings, is confidential…

(a) If a veteran wishes to have clear title to a portion of the land he is purchasing, he may obtain a severance deed from the board for that portion. To accomplish this the following steps should be taken: (1) A current ground survey of the portion to be severed must be made by …

(a) Material Assets. (1) No sale of timber, rock, gravel, sand, chemicals, or other material asset, the loss of which tends to lower the value of the land, shall be effective until approved by the chairman of the board. (2) The chairman will prescribe the form or forms of instrum…

(a) When applicable, a veteran may execute mineral leases covering the land being purchased through the board. The following conditions must be met: (1) No oil and gas lease will be accepted unless the board's standard form is used. Copies of this form will be furnished upon requ…

(a) A contract holder may, with the approval of the board, grant easements or rights of way. These are of four general types: (1) A right of way granted to the state or county for roads, channels, etc. The forms to be used in granting such an easement may be obtained from the boa…

(a) Notwithstanding any other references to fees in this chapter to the contrary, the only fees collected by the board shall be those described in this section. (1) The board shall from time-to-time adopt by resolution a schedule describing the services for which it charges fees.…

(a) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Bid--A bid is an offer to purchase a Type I or Type II tract submitted in the manner prescribed by the board. (2) High…

(a) To qualify for subdivision loan processing a seller must: (1) have, or plan to have at least five tracts of land available for sale to veterans in the same subdivision or development; (2) agree to comply with all local ordinances and regulations regarding the subdivision or r…

(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Board--The Veterans Land Board of the State of Texas. (2) Bona fide resident--An individual actually living within the State of Tex…

(a) The Texas Natural Resources Code, § 161.222(a) requires veterans to make an initial payment in an amount set by the board's rules. Sections 161.233(a) and 161.283(b) require that Veterans make additional down payment(s) under certain circumstances. In order to carry out the i…

(a) The commissioner of the General Land Office is chairman of the board and administrator of the Veterans Land Program as provided in the Texas Constitution, Article III, §49-b, as amended, the Natural Resources Code, Chapter 161, as amended, and shall perform the duties and fun…

(a) Land selected by a veteran for purchase or financing through the program must: (1) be situated entirely in Texas; (2) contain at least one acre (excluding, as defined by the board, inundated or submerged land, or otherwise unusable land); (3) have insurable title under condit…

(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 …

(a) Before property is purchased it shall be appraised for the board by an appraiser approved by the board. The exclusive purpose of the appraisal is to assist the board in determining that its investment will be sufficiently secured. Any improvement existing on the land may be c…

(a) The purpose of this subchapter is to implement the authority granted to the board by Natural Resources Code, Chapter 161, Subchapter K. The board shall only make loans under this subchapter that are secured by mortgages, deeds of trust, or other liens. (b) Unless otherwise pr…

(a) The Board shall be the final authority in defining and interpreting all eligibility requirements, and whether a prospective borrower has actually satisfied those requirements. The Board may by resolution prescribe the procedures and forms to be used in mortgage loan transacti…

(a) The board shall only make, or purchase, loans under this subchapter that are secured by tracts of land that meet all the requirements of §175.3, relating to Land Selection, of this chapter. (b) For every loan made under this subchapter, the board must be furnished a survey an…

(a) An approved loan must be secured by a mortgage, deed of trust, or other lien on the land prior to any disbursement of funds. All paperwork associated with the note and lien shall be deposited for safekeeping with the board, or as the board may direct. (b) The security for the…

(a) After reviewing the appraisal, and any other relevant information, the board shall notify the prospective borrower whether or not it approves the loan application. If the board disapproves a loan application, it shall notify the prospective borrower, in writing, of the reason…

(a) In addition to the fees described in §175.17, relating to Fees and Deposits, of this chapter, the board shall collect a fee for the preparation, review, or approval of any document relating to a loan made under this subchapter, including but not limited to the following: (1) …

(a) The borrower is liable to the board for any decrease in value of the land due to any sale or removal of timber, rock, gravel, sand, chemicals, or other material assets, the loss of which tends to lower the value of the land. (b) If a borrower wishes to obtain a partial releas…

A borrower may grant easements or rights of way, or execute mineral leases over or covering the land being purchased with a loan from the board. Borrower is liable to the board for any decrease in value of the land due to any grant of easement or lease of minerals by the borrower…

(a) After reviewing the appraisal, and any other relevant information, the board shall issue a commitment showing the amount it will invest in the land selected. The veteran and seller shall be notified of the commitment amount in writing. The board shall not invest more than the…

(a) The chairman is authorized to enter into any modification of the debtor's obligation if it is in the best interest of the program. (b) The terms of each note and deed for trust or any other lien document shall determine acceleration and foreclosure requirements and procedures…

(a) The chairman may bid for the land at any trustee's sale for any amount that the chairman deems to be in the best interest of the program. All land purchased by the Board at a foreclosure sale shall be resold by private sale according to the practices prevalent in the mortgage…

(a) The board will designate an attorney or title company in the county where the land is located to serve as its closing representative. The veteran or seller may submit the name of a closing representative for the board's consideration. The representative will be paid $25 for c…

(a) The contract of sale and purchase will be prepared by the board. It is to be executed by both the veteran and the chairman of the board. (b) The board will specify the terms of the contract for each transaction. (c) Each contract of sale and purchase shall bear a rate of inte…

(a) Upon the death of the purchaser, if the account is insured under the group life insurance plan, the board should be notified at once and furnished with a certified copy of the death certificate and a deed fee, which is not paid under the group insurance plan. (b) If the accou…

The following words and terms when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Board--The Veterans Land Board of the State of Texas. (2) Bona fide resident--An individual living within the State of Texas, with the i…

(a) Purpose. It is the purpose of the Texas Enterprise Zone Act to establish a process that clearly identifies distressed areas and provides incentives by both local and state government to induce private investment in those areas by the provision of tax incentives and economic d…

The Board is the final authority in determining the interpretation and application of these rules on a case by case basis. Notes 40 Tex. Admin. Code § 176.10 The provisions of this §176.10 adopted to be effective November 24, 1997, 22 TexReg 11092.

The following procedures shall be applicable to bidding and awarding of contracts for the design and construction of the veterans homes provided for in this rule. (1) The Board may request proposals from individuals, firms, partnerships, corporations or a joint venture, or other …

Participation. A local government wishing to participate in the program must submit to the Bank the following: (1) A copy of all public hearing notices with regard to all public hearings held in conjunction with the nomination of the proposed enterprise project. Three notices mus…

Texas Natural Resources Code, § 164.005 authorizes the Board, in conjunction with other state or federal agencies, to acquire by purchase, gift, devise, lease or a combination thereof, construct, operate, enlarge, improve, furnish, or equip one or more state veterans homes. Fundi…

The procedure for the issuance and sale of bonds will be set by resolution of the Board. The chairman and the executive secretary of the Board are authorized to work with the bond counsel and financial advisor selected by the Board in ascertaining the elements of security permiss…

(a) The Bank may not designate a nominated qualified business as an enterprise project unless it determines that: (1) the business meets the requirements set forth in the Act, §2303.402, and this chapter; (2) the qualified business is located in, or has made substantial commitmen…

(a) The proceeds from each bond sale shall be part of the State Veterans Home Fund and shall first be used for the following purposes: (1) to satisfy the reserve requirements of the particular covenants associated with the sale; and (2) to set up the initial debt repayment associ…

(a) An application must be filed in the format provided (letter size) and must contain all information and documentation required under the Act and this chapter, as applicable. Each application for enterprise project designation must be typed directly on the form provided by the …

(a) Annual reports and certifications. (1) Governing Body Annual Report. Each municipality or county that participates in the program must submit an annual report to the Bank on or before October 1 of each year. The report must be in a form prescribed by the Bank and contain the …

(a) The Board will appoint an operator who will be responsible for maintenance and operation of a veterans home or homes built under the provisions of this chapter. An operator may be an individual, partnership, corporation or other business entity, as well as a state or federal …

(a) An operator may be a person, partnership, corporation, or other business or governmental entity. (b) The operator must be duly organized, validly existing, and in good standing under the laws governing its creation and existence, and must be duly authorized and qualified to t…

(a) The purpose of this section is to set forth the requirements for admittance of applicants to a SVH. USDVA requires that the program only admit to a SVH those applicants who satisfy all medical, financial, and military service requirements set forth in USDVA regulations, as th…

(a) A state veterans home may be newly constructed or it may be located in an existing structure. (b) Each state veterans home must meet all applicable federal, state and local laws and regulations, including, but not limited to the rules and regulations of the United States Depa…

(a) All fees, expenses and charges to be paid by a resident of a state veterans home must be approved by the Board. The imposition and amount of any fee or charge shall be consistent with or lower than industry standards. (b) Within a reasonable period of time, the Board shall ei…