1-1     By:  Marchant (Senate Sponsor - Truan)                H.B. No. 3567
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Veteran
 1-4     Affairs and Military Installations; May 3, 2001, reported
 1-5     adversely, with favorable Committee Substitute by the following
 1-6     vote:  Yeas 4, Nays 0; May 3, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 3567                   By:  Truan
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to provision by the Veterans Land Board of loans to
1-11     veterans for the purchase of land.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Section 161.171(a), Natural Resources Code, is
1-14     amended to read as follows:
1-15           (a)  The veterans' land fund shall include:
1-16                 (1)  land purchased by the board from money in the
1-17     fund;
1-18                 (2)  money attributable to general obligation bonds
1-19     issued and sold by the board, including proceeds from the issuance
1-20     and sale of the bonds;
1-21                 (3)  money received from the sale or resale of land or
1-22     rights in land purchased with the proceeds from the general
1-23     obligation bonds;
1-24                 (4)  money received from the sale or resale of land or
1-25     rights in land purchased with other money attributable to the
1-26     general obligation bonds;
1-27                 (5)  proceeds derived from the sale or other
1-28     disposition of the board's interest in:
1-29                       (A)  contracts for the sale of land or rights in
1-30     land; or
1-31                       (B)  a loan made under Subchapter K;
1-32                 (6)  interest and penalties received from the sale or
1-33     resale of [the] land purchased under this chapter or from rights in
1-34     the land;
1-35                 (7)  bonuses, income, rents, royalties, and any other
1-36     pecuniary benefit received by the board from:
1-37                       (A)  [the] land purchased under this chapter; or
1-38                       (B)  loans made under Subchapter K;
1-39                 (8)  money received as indemnity or forfeiture for the
1-40     failure of any bidder for purchase of general obligation bonds to
1-41     comply with the person's bid and accept and pay for the bonds or
1-42     for the failure of a bidder for purchase of land comprising a part
1-43     of the fund to comply with the person's bid and accept and pay for
1-44     the land and amounts received by the board under bond enhancement
1-45     agreements with respect to the bonds;  [and]
1-46                 (9)  interest received from investments of this money;
1-47                 (10)  any interest of the board in a loan made under
1-48     Subchapter K using money in the fund, including any title insurance
1-49     related to the loan or land purchased with the loan; and
1-50                 (11)  any equitable interest in property encumbered
1-51     under Subchapter K and attributable to the fund.
1-52           SECTION 2. Chapter 161, Natural Resources Code, is amended by
1-53     adding Subchapter K to read as follows:
1-54                          SUBCHAPTER K.  LAND LOANS
1-55           Sec. 161.501.  PURPOSE OF SUBCHAPTER; CONSTRUCTION. The
1-56     purpose of this subchapter is to authorize the board to provide
1-57     loans to veterans for the purchase of land that are secured by a
1-58     mortgage, deed of trust, or other lien on the land. This subchapter
1-59     shall be liberally construed to effect that purpose.
1-60           Sec. 161.502.  DEFINITIONS. In this subchapter:
1-61                 (1)  "Lending institution" means a bank, savings bank,
1-62     savings and loan association, credit union, trust company, mortgage
1-63     banker, mortgage company, life insurance company, or other
1-64     financial institution that customarily provides service or aids in
 2-1     the financing of mortgages on single-family residential housing, or
 2-2     a holding company for one of those institutions.
 2-3                 (2)  "Loan" means a veterans' land loan made or
 2-4     acquired by the board under this subchapter secured by a mortgage,
 2-5     deed of trust, or other lien on the land purchased with the
 2-6     proceeds of the loan.
 2-7           Sec. 161.503.  LOANS. (a)  In addition to purchasing land
 2-8     under Subchapters F and G, the board shall make or acquire loans
 2-9     with money from the fund to finance land purchases by eligible
2-10     persons in accordance with this subchapter and rules adopted by the
2-11     board.
2-12           (b)  The board may enter into contracts with lending
2-13     institutions to assist in processing, originating, servicing, or
2-14     administering loans under this subchapter.
2-15           (c)  The board shall obtain insurance:
2-16                 (1)  covering at least 50 percent of all losses
2-17     anticipated in connection with payment defaults on loans secured by
2-18     first or second mortgages, based on the advice of one or more
2-19     qualified consultants to the board as to potential losses that may
2-20     be reasonably expected on the loans as determined by analysis that
2-21     includes actual experience in the residential mortgage lending
2-22     industry on similar types of mortgage loans; or
2-23                 (2)  that insures repayment of at least 50 percent of
2-24     the outstanding principal amount of all loans made under this
2-25     subchapter if the loans are not repaid by the recipients.
2-26           (d)  The board shall adopt rules as necessary to implement
2-27     this subchapter.
2-28           Sec. 161.504.  ELIGIBILITY FOR LOAN. (a)  To qualify for a
2-29     loan under this subchapter, a person must be a veteran at the time
2-30     the person applies for the loan.  If an eligible veteran dies after
2-31     filing an application for a loan, the veteran's surviving spouse
2-32     may complete the transaction.
2-33           (b)  The board by rule may determine the number of loans that
2-34     a person may receive under this subchapter.
2-35           Sec. 161.505.  SECURITY FOR LOAN. A disbursement of money on
2-36     a loan may not be made unless the loan is secured by a mortgage,
2-37     deed of trust, or other lien on the land purchased with the
2-38     proceeds of the loan.  A mortgage, deed of trust, or other lien may
2-39     be a participation in a lien securing any other loan for the
2-40     purchase of the property, including a lien securing a home loan
2-41     under Chapter 162.
2-42           Sec. 161.506.  INITIAL PAYMENT OR EQUITY. The board may
2-43     require an initial payment on a loan or may require an investment
2-44     in the land by the loan recipient in an amount set by the board by
2-45     rule.
2-46           Sec. 161.507.  LOAN PAYMENTS. (a) The final principal payment
2-47     on a loan shall be made not later than the 40th anniversary of the
2-48     date of the loan.
2-49           (b)  The board shall determine the maximum principal amount
2-50     of loans to the same eligible person that may be outstanding at any
2-51     time.
2-52           (c)  Payments on the loan must be made at times determined by
2-53     the board.
2-54           Sec. 161.508.  FEES; INTEREST.   (a)  All fees to be charged
2-55     to a person who receives a loan must be approved by the board.
2-56           (b)  Any fees or expenses incurred in connection with a loan,
2-57     including the cost of insurance, may be charged to the loan
2-58     recipient and included in the principal amount of the loan.
2-59           (c)  A loan must bear a fixed, variable, floating, or other
2-60     rate or rates of interest determined by the board.  The board may
2-61     set the interest rate or rates to provide a margin over the rate
2-62     paid by the board on bonds issued by the board under this chapter.
2-63           (d)  The difference between the cost of the money to the
2-64     board and the interest rate or rates charged to a loan recipient
2-65     may be used in whole or in part to defray the expense of
2-66     administering the program.
2-67           (e)  To ensure the maximum benefit of the program to the loan
2-68     recipient, the board shall adopt rules:
2-69                 (1)  relating to the fees, charges, and interest rates
 3-1     that may be charged by a lending institution in connection with
 3-2     financing the purchase of land with money that does not come from
 3-3     the fund; and
 3-4                 (2)  limiting to the maximum extent practical the fees,
 3-5     charges, and interest rates to the fees, charges, and interest
 3-6     rates that would be collected by the lending institution in the
 3-7     normal course of the institution's mortgage lending business.
 3-8           Sec. 161.509.  INTEREST RATE ON DELINQUENT PRINCIPAL AND
 3-9     INTEREST. Principal and interest that become delinquent bear
3-10     interest at a rate determined by the board.
3-11           Sec. 161.510.  COMBINATION WITH HOME LOAN. The board may:
3-12                 (1)  permit a person to combine a loan made under this
3-13     subchapter with a home loan made under Chapter 162 if the portion
3-14     of the loan made under this subchapter is funded from amounts on
3-15     deposit in the fund and the portion of the loan made under Chapter
3-16     162 is not funded from amounts in the fund; and
3-17                 (2)  prescribe the amounts of and forms for a combined
3-18     loan under this section.
3-19           Sec. 161.511.  TIME LIMIT ON TRANSFER OF LAND. (a)  Except as
3-20     provided by Subsection (c), a recipient of a loan may not lease,
3-21     sell, or otherwise transfer in whole or part land or any interest
3-22     in land against which there is a mortgage, deed of trust, or any
3-23     other lien securing the loan:
3-24                 (1)  before the third anniversary of the date the
3-25     recipient purchases the land; and
3-26                 (2)  unless the recipient has complied with any other
3-27     terms and conditions provided by this subchapter and the rules of
3-28     the board.
3-29           (b)  After the three-year period prescribed by Subsection
3-30     (a), land may be sold or otherwise transferred, subject to any lien
3-31     securing a loan, if:
3-32                 (1)  all interest, principal, and taxes that are due
3-33     have been paid;
3-34                 (2)  the terms and conditions of this subchapter and
3-35     rules of the board have been met; and
3-36                 (3)  the board approves the sale or other transfer.
3-37           (c)  The board may waive the three-year period prescribed by
3-38     Subsection (a):
3-39                 (1)  in a case of death, bankruptcy, financial
3-40     incapacity, or divorce of the loan recipient;
3-41                 (2)  if a loan recipient is forced to move because of a
3-42     change in employment or because the recipient's home is condemned
3-43     through no fault of the recipient; or
3-44                 (3)  at any other time the board considers a waiver to
3-45     be in the best interest of the program.
3-46           Sec. 161.512.  INCREASE IN INTEREST RATE; ACCELERATED
3-47     REPAYMENT. If a recipient of a loan does not comply with the
3-48     requirements of Section 161.511(a) and the board does not waive the
3-49     three-year period prescribed by that section, the board by rule may
3-50     provide for:
3-51                 (1)  an increase in the interest rate on the loan;
3-52                 (2)  the acceleration of repayment of the principal of
3-53     and interest on the loan; or
3-54                 (3)  any other remedy the board considers appropriate.
3-55           Sec. 161.513.  FORECLOSURE AND RESALE. The board shall adopt
3-56     rules providing procedures governing foreclosure of a lien securing
3-57     a loan.
3-58           SECTION 3.  This Act takes effect immediately if it receives
3-59     a vote of two-thirds of all the members elected to each house, as
3-60     provided by Section 39, Article III, Texas Constitution.  If this
3-61     Act does not receive the vote necessary for immediate effect, this
3-62     Act takes effect September 1, 2001.
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