By Marchant                                           H.B. No. 3567
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to permitting land mortgage loans from the Veterans Land
 1-3     Fund.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter K is hereby added to Chapter 161,
 1-6     Natural Resources Code, to read as follows:
 1-7                          SUBCHAPTER K.  LAND LOANS
 1-8           Sec. 161.501.  PURPOSE OF SUBCHAPTER. This Subchapter K is
 1-9     added to Chapter 161 in order to provide the Board with additional
1-10     powers in connection with the administration and operation of the
1-11     fund found in the previous Subchapters, and it shall be liberally
1-12     construed to effectuate such purpose.
1-13           Sec. 161.502.  ADDITIONAL DEFINITIONS. In this chapter, in
1-14     addition to the definitions Section 161.001:
1-15           (a)  "Lending institution" means a bank, trust company,
1-16     savings bank, national banking association, savings and loan
1-17     association, building and loan association, mortgage banker,
1-18     mortgage company, credit union, life insurance company, or other
1-19     financial institution that customarily provides service or aids in
1-20     the financing of mortgages on single-family residential housing
1-21     which has been approved for participation in the program by the
1-22     board.  The term includes a holding company for any of the
1-23     foregoing.
 2-1           (b)  "Loan" means a veterans' land loan made or acquired by
 2-2     the board under this chapter secured by a mortgage on a veteran's
 2-3     land.
 2-4           Sec. 161.503.  ADDITIONAL MONEY AND INTERESTS INCLUDED IN THE
 2-5     VETERANS' LAND FUND. (a)  In addition to the items listed in
 2-6     Section 161.171, the veterans' land fund shall also include:
 2-7                 (1)  any interest of the board in land loans made from
 2-8     money in the fund to veterans pursuant to this subchapter including
 2-9     any title insurance thereon or on the land;
2-10                 (2)  the proceeds derived from the sale or other
2-11     disposition of the board's interest in land mortgage loans;
2-12                 (3)  the money attributable to any bonds issued and
2-13     sold by the board to provide money for the fund which shall include
2-14     but shall not be limited to the proceeds from the issuance and sale
2-15     of such bonds;
2-16                 (4)  income, rents, and any other pecuniary benefit
2-17     received by the board as a result of making these loans;
2-18                 (5)  sums received by way of indemnity or forfeiture
2-19     for the failure of any bidder for the purchase of any such bonds to
2-20     comply with the person's bid and accept and pay for such bonds and
2-21     amounts received by the board under bond enhancement agreements
2-22     with respect to the bonds;
2-23                 (6)  interest received from investments of any such
2-24     money; and
2-25                 (7)  any equitable interest in properties encumbered
2-26     under this program and attributable to the fund.
 3-1           (b)  Except as otherwise provided by law, money in the fund
 3-2     shall be deposited in the State Treasury to the credit of the Fund.
 3-3           Sec. 161.504.  LOANS. (a)  The board shall make or acquire
 3-4     loans with money from the fund in accordance with this subchapter
 3-5     and the rules adopted by the board.
 3-6           (b)  To qualify for a loan under this subchapter, a person
 3-7     must be a veteran at the time the persons applies for the loan.  If
 3-8     an eligible veteran dies after filing an application, the surviving
 3-9     spouse may complete the transaction.
3-10           (c)  The final principal payment on any loan under this
3-11     subchapter shall be made  not later than 40 years after the date of
3-12     the loan.  The board shall determine the maximum principal amount
3-13     of loans to any veteran that may be outstanding at any time.
3-14           (d)  The board shall obtain insurance covering at least 50
3-15     percent of all losses anticipated in connection with veteran
3-16     payment defaults on loans secured by first or second mortgages,
3-17     based upon the advice of one or more qualified consultants to the
3-18     board as to potential losses which may be reasonably expected on
3-19     the loans as determined by analysis, including but not limited to
3-20     actual experience in the residential mortgage lending industry on
3-21     similar types of mortgage loans, or, in the alternative, the board
3-22     shall obtain insurance which shall insure repayment of at least 50
3-23     percent of the outstanding principal amount of all loans in the
3-24     event of the nonpayment of the loans by the veterans.
3-25           (e)  All fees to be charged to a veteran receiving a loan
3-26     under this subchapter must be approved by the board.  The board may
 4-1     enter into contracts with lending institutions to assist in
 4-2     processing, originating, servicing, or administering loans under
 4-3     this chapter.  Any fees and expenses incurred in connection with a
 4-4     loan, including the cost of insurance, may be charged to the
 4-5     veteran and made a part of the veteran's payments.
 4-6           (f)  The board may by rule determine, from time to time, the
 4-7     number of loans that a veteran may receive under this subchapter.
 4-8           (g)  The board may permit a veteran to combine a loan under
 4-9     this subchapter with a home mortgage loan for a home under Chapter
4-10     162, Natural Resources Code, and prescribe the amounts and forms
4-11     thereof, provided that the loan is funded from amounts on deposit
4-12     in the fund and provided that the home mortgage loan may not be
4-13     funded from amounts in the fund.
4-14           Sec. 161.505.  INTEREST RATE. A loan under this subchapter
4-15     shall bear a fixed, variable, floating, or other rate or rates of
4-16     interest determined by the board.  The board may set the interest
4-17     rate or rates to provide a margin over the rate paid by the board
4-18     on its bonds issued under this subchapter.  The difference between
4-19     the cost of the money to the board and the interest rate or rates
4-20     charged to a veteran may be used in whole or in part to defray the
4-21     expense of administering the program.  To assure the maximum
4-22     benefit of the program to the veteran, the board shall adopt rules
4-23     relative to the fees, charges, and interest rates charged by the
4-24     lending institutions on the financing of the land with money other
4-25     than from the fund and shall limit to the maximum extent practical
4-26     such fees, charges, and interest rates to those which would be
 5-1     collected by the lending institution in the normal course of its
 5-2     mortgage lending business.
 5-3           Sec. 161.506.  SECURITY FOR THE LOAN. No disbursement of
 5-4     funds on a loan under this subchapter shall be made unless the loan
 5-5     is secured by a mortgage, deed of trust, or other lien on the land.
 5-6     A mortgage retained by or a deed of trust to the board or any other
 5-7     lien may be a participation in a lien securing any other loan for
 5-8     the purchase of the property, including a lien for a home as
 5-9     described in Chapter 162, Natural Resources Code.  Payments to
5-10     retire the loan shall be made at times determined by the board.
5-11           Sec. 161.507.  INITIAL PAYMENT OR EQUITY. The board may
5-12     require an initial payment on a loan or may require an investment
5-13     in the land by the veteran in an amount or amounts set by the
5-14     board's rules under this subchapter.
5-15           Sec. 161.508.  TIME LIMIT ON TRANSFER. (a)  Land or any
5-16     interest therein, against which there is a mortgage, deed of trust,
5-17     or any other lien securing a loan under this subchapter may not be
5-18     leased, transferred, sold, or conveyed in whole or in part until
5-19     the original veteran purchaser has owned the land for a period of
5-20     three years from the date of the purchase of the land and complied
5-21     with the terms and conditions of this chapter and the rules of the
5-22     board.
5-23           (b)  After the three-year period, land may be transferred,
5-24     sold, or conveyed subject to any lien securing a loan under this
5-25     subchapter at any time if all mature interest, principal, and taxes
5-26     have been paid, the terms and conditions of this chapter and rules
 6-1     of the board have been met, and the approval of the board has been
 6-2     obtained.
 6-3           (c)  The board may waive the time limitation of Subsection
 6-4     (a) of this section upon the death, bankruptcy, financial
 6-5     incapacity, or divorce of the veteran or in the event a veteran is
 6-6     forced to move due to a change in employment or because his home is
 6-7     condemned through no fault of the veteran or at any other time it
 6-8     deems a waiver to be in the best interest of the program.
 6-9           (d)  In the event the requirements of Subsection (a) of this
6-10     section fail to be met and the board does not waive the time
6-11     limitations as provided in Subsection (c) of this section, the
6-12     board may provide in its rules for the escalation of the interest
6-13     rate on the loan to a higher rate of interest or the acceleration
6-14     of all principal and interest on the loan or such other remedy as
6-15     the board may in its discretion deem appropriate.
6-16           Sec. 161.509.  FORECLOSURE AND RESALE. The board shall adopt
6-17     rules providing for the procedures and the rules for foreclosure
6-18     and resale of land financed with a loan under this subchapter.
6-19           Sec. 161.510.  INTEREST RATE ON DELINQUENT PRINCIPAL AND
6-20     INTEREST. Principal and interest that become delinquent shall bear
6-21     interest at a rate determined by the board.
6-22           SECTION 2.  This Act takes effect September 1, 2001.