SRC-JBJ H.B. 3567 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3567
77R10428 SGA-FBy: Marchant (Truan)
Veteran Affairs & Military Installations
5/2/2001
Engrossed


DIGEST AND PURPOSE 

Currently, the Veterans' Land Board (board) is authorized to finance land
purchases for veterans through a "contract for deed" method.  There is not
a ready market for servicing of these transactions requiring the board to
service all of these loan contracts in-house.  All other board mortgage
transactions with veterans are serviced by professional mortgage servicers
on contract with the board. Furthermore, since title to the land remains in
the board's name until completion of the contract, the purchaser cannot
obtain a mortgage loan for construction of a home on the land unless they
can afford to purchase outright a portion of the land from the board
through a complex transaction known as a severance, which divides the title
to the original tract between the board and the purchaser,  sometimes
resulting in undesirable boundaries, access, and frontage problems.  H.B.
3567 authorizes the board to make or acquire a land mortgage loan from the
Veterans' Land Fund secured by a mortgage on a veteran's land.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Veterans' Land Board in
SECTION 2 (Sections 161.504, 161.505, 161.507, 161.508, and 161.509,
Natural Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.001, Natural Resources Code, to define
"lending institution." Makes a conforming change. 

SECTION 2.  Amends Chapter 161, Natural Resources Code, by adding
Subchapter K, as follows: 

SUBCHAPTER K.  LAND MORTGAGE LOANS

 Sec. 161.501.  DEFINITION.  Defines "loan."

Sec. 161.502.  PURPOSE.  Provides that this subchapter provides an
alternative method for a veteran to purchase land from the board under the
Veterans' Land Program  using a purchase money mortgage instead of a
contract for deed. 

Sec. 161.503.  ADDITIONAL MONEY AND INTERESTS INCLUDED IN VETERANS' LAND
FUND.  Provides that in addition to the items listed in Section 161.171,
the veterans' land fund also includes certain interests, proceeds, and
income. 

Sec. 161.504.  LAND MORTGAGE LOANS.  (a)  Requires the Veterans' Land Board
(board) to make or acquire land mortgage loans with money from the fund in
accordance with this subchapter and the rules adopted by the board. 

(b)  Requires a person, to qualify for a loan under this subchapter, a
person to be a veteran at the time the person applies for the loan.
Authorizes the surviving spouse, if an eligible veteran dies after filing
an application, to complete the transaction. 
 
(c)  Requires the final principal payment on any loan under this subchapter
to be made not later than the 40th anniversary of the date the loan was
made.  Requires the board to determine the maximum principal amount of
loans to any veteran that may be outstanding at any time. 

(d)  Requires the board, to minimize losses on the nonpayment of loans by
veterans, to obtain insurance covering a certain portion of certain losses. 

(e)  Requires all fees to be charged to a veteran receiving a loan under
this subchapter to be approved by the board.  Authorizes the board to enter
into contracts with lending institutions to assist in processing,
originating, servicing, or administering loans under this subchapter.
Authorizes any fees and expenses incurred in connection with a loan,
including the cost of insurance, to be charged to the veteran and made a
part of the veteran's payments. 

(f)  Authorizes the board by rule to determine the number of loans that a
veteran may receive under this subchapter. 

(g)  Authorizes the board to permit a veteran to combine a loan under this
subchapter with a home mortgage loan under Chapter 162 and to prescribe the
amounts and forms of those loans under certain conditions. 

Sec. 161.505.  INTEREST RATE.  Requires a loan under this subchapter to
bear a fixed, variable, floating, or other rate or rates of interest
determined by the board.  Authorizes the board to set the interest rate or
rates to provide a margin over the rate paid by the board on the bonds
issued under this chapter.  Authorizes the difference between the cost of
the money to the board and the interest rate or rates charged to a veteran
to be used in whole or in part to defray the expense of administering the
program.  Requires the board, to ensure the maximum benefit of the program
to the veteran, to adopt rules relative to the fees, charges, and interest
rates charged by the lending institutions on the financing of the land with
money other than from the fund and to limit to the maximum extent
practicable the fees, charges, and interest rates to those collected by the
lending institution in the normal course of the institution's land mortgage
lending business. 

Sec. 161.506.  SECURITY FOR LOAN.  Prohibits money form being disbursed in
connection with a loan under this subchapter unless the loan is secured by
a mortgage, deed of trust, or other lien on the land.  Authorizes a
mortgage retained by or a deed of trust to the board or any other lien to
be a participation in a lien securing any other loan for the purchase of
the property, including a lien on a home as described by Chapter 162.
Requires payments to retire the loan to be made at times determined by the
board. 

Sec. 161.507.  INITIAL PAYMENT OR EQUITY.  Authorizes the board to require
an initial payment on a loan under this subchapter or to require an
investment in the land by the veteran in an amount or amounts set by the
rules of the board. 

Sec. 161.508.  TIME LIMITATION ON TRANSFER.  (a)  Prohibits a veteran from
leasing, transferring, selling, or conveying in whole or in part any
interest in land against which there is a mortgage, deed of trust, or any
other lien securing a loan under this subchapter unless the veteran has met
certain conditions. 

(b)  Authorizes the land, after the conclusion of the three-year period, to
be transferred, sold, or conveyed subject to any lien securing a loan under
this subchapter at any time if all mature interest, principal, and taxes
have been paid, the requirements of this subchapter and the rules of the
board have been met, and the approval of the board has  been obtained. 

(c)  Authorizes the board to waive the time limitation of Subsection (a)
under certain conditions. 

(d)  Authorizes the board, if the requirements of Subsection (a)  are not
met and the board does not waive the time limitation as provided by
Subsection (c), to provide by rule for the escalation of the interest rate
on the loan to a higher rate of interest, the acceleration of all principal
and interest on the loan, or any other remedy the board considers
appropriate. 

Sec. 161.509.  FORECLOSURE AND RESALE.  Requires the board to adopt rules
and procedures for the foreclosure and resale of land financed with a loan
under this subchapter. 
 
Sec. 161.510.  INTEREST RATE ON DELINQUENT PRINCIPAL AND INTEREST. Requires
principal and interest that become delinquent to bear interest at a rate
fixed by the board. 
 
SECTION 3.  Effective date: September 1, 2001.