1-1     By:  Truan, Lucio                                     S.B. No. 1804
 1-2           (In the Senate - Filed April 10, 2001; April 11, 2001, read
 1-3     first time and referred to Committee on Finance; April 30, 2001,
 1-4     reported favorably by the following vote:  Yeas 11, Nays 0;
 1-5     April 30, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to provision by the Veterans' Land Board of loans to
 1-9     veterans for the purchase of land.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (a), Section 161.171, Natural
1-12     Resources Code, is amended to read as follows:
1-13           (a)  The veterans' land fund shall include:
1-14                 (1)  land purchased by the board from money in the
1-15     fund;
1-16                 (2)  money attributable to general obligation bonds
1-17     issued and sold by the board, including proceeds from the issuance
1-18     and sale of the bonds;
1-19                 (3)  money received from the sale or resale of land or
1-20     rights in land purchased with the proceeds from the general
1-21     obligation bonds;
1-22                 (4)  money received from the sale or resale of land or
1-23     rights in land purchased with other money attributable to the
1-24     general obligation bonds;
1-25                 (5)  proceeds derived from the sale or other
1-26     disposition of the board's interest in:
1-27                       (A)  contracts for the sale of land or rights in
1-28     land; or
1-29                       (B)  a loan made under Subchapter K;
1-30                 (6)  interest and penalties received from the sale or
1-31     resale of [the] land purchased under this chapter or from rights in
1-32     the land;
1-33                 (7)  bonuses, income, rents, royalties, and any other
1-34     pecuniary benefit received by the board from:
1-35                       (A)  [the] land purchased under this chapter; or
1-36                       (B)  loans made under Subchapter K;
1-37                 (8)  money received as indemnity or forfeiture for the
1-38     failure of any bidder for purchase of general obligation bonds to
1-39     comply with the person's bid and accept and pay for the bonds or
1-40     for the failure of a bidder for purchase of land comprising a part
1-41     of the fund to comply with the person's bid and accept and pay for
1-42     the land and amounts received by the board under bond enhancement
1-43     agreements with respect to the bonds;  [and]
1-44                 (9)  interest received from investments of this money;
1-45                 (10)  any interest of the board in a loan made under
1-46     Subchapter K using money in the fund, including any title insurance
1-47     related to the loan or land purchased with the loan; and
1-48                 (11)  any equitable interest in property encumbered
1-49     under Subchapter K and attributable to the fund.
1-50           SECTION 2.  Chapter 161, Natural Resources Code, is amended
1-51     by adding Subchapter K to read as follows:
1-52                          SUBCHAPTER K.  LAND LOANS
1-53           Sec. 161.501.  PURPOSE OF SUBCHAPTER; CONSTRUCTION.  The
1-54     purpose of this subchapter is to authorize the board to provide
1-55     loans to veterans for the purchase of land that are secured by a
1-56     mortgage, deed of trust, or other lien on the land.  This
1-57     subchapter shall be liberally construed to effect that purpose.
1-58           Sec. 161.502.  DEFINITIONS.  In this subchapter:
1-59                 (1)  "Lending institution" means a bank, savings bank,
1-60     savings and loan association, credit union, trust company, mortgage
1-61     banker, mortgage company, life insurance company, or other
1-62     financial institution that customarily provides service or aids in
1-63     the financing of mortgages on single-family residential housing, or
1-64     a holding company for one of those institutions.
 2-1                 (2)  "Loan" means a veterans' land loan made or
 2-2     acquired by the board under this subchapter secured by a mortgage,
 2-3     deed of trust, or other lien on the land purchased with the
 2-4     proceeds of the loan.
 2-5           Sec. 161.503.  LOANS.  (a)  In addition to purchasing land
 2-6     under Subchapters F and G, the board shall make or acquire loans
 2-7     with money from the fund to finance land purchases by eligible
 2-8     persons in accordance with this subchapter and rules adopted by the
 2-9     board.
2-10           (b)  The board may enter into contracts with lending
2-11     institutions to assist in processing, originating, servicing, or
2-12     administering loans under this subchapter.
2-13           (c)  The board shall obtain insurance:
2-14                 (1)  covering at least 50 percent of all losses
2-15     anticipated in connection with payment defaults on loans secured by
2-16     first or second mortgages, based on the advice of one or more
2-17     qualified consultants to the board as to potential losses that may
2-18     be reasonably expected on the loans as determined by analysis that
2-19     includes actual experience in the residential mortgage lending
2-20     industry on similar types of mortgage loans; or
2-21                 (2)  that insures repayment of at least 50 percent of
2-22     the outstanding principal amount of all loans made under this
2-23     subchapter if the loans are not repaid by the recipients.
2-24           (d)  The board shall adopt rules as necessary to implement
2-25     this subchapter.
2-26           Sec. 161.504.  ELIGIBILITY FOR LOAN.  (a)  To qualify for a
2-27     loan under this subchapter, a person must be a veteran at the time
2-28     the person applies for the loan.  If an eligible veteran dies after
2-29     filing an application for a loan, the veteran's surviving spouse
2-30     may complete the transaction.
2-31           (b)  The board by rule may determine the number of loans that
2-32     a person may receive under this subchapter.
2-33           Sec. 161.505.  SECURITY FOR LOAN.  A disbursement of money on
2-34     a loan may not be made unless the loan is secured by a mortgage,
2-35     deed of trust, or other lien on the land purchased with the
2-36     proceeds of the loan.  A mortgage, deed of trust, or other lien may
2-37     be a participation in a lien securing any other loan for the
2-38     purchase of the property, including a lien securing a home loan
2-39     under Chapter 162.
2-40           Sec. 161.506.  INITIAL PAYMENT OR EQUITY.  The board may
2-41     require an initial payment on a loan or may require an investment
2-42     in the land by the loan recipient in an amount set by the board by
2-43     rule.
2-44           Sec. 161.507.  LOAN PAYMENTS.  (a) The final principal
2-45     payment on a loan shall be made not later than the 40th anniversary
2-46     of the date of the loan.
2-47           (b)  The board shall determine the maximum principal amount
2-48     of loans to the same eligible person that may be outstanding at any
2-49     time.
2-50           (c)  Payments on the loan must be made at times determined by
2-51     the board.
2-52           Sec. 161.508.  FEES; INTEREST.   (a)  All fees to be charged
2-53     to a person who receives a loan must be approved by the board.
2-54           (b)  Any fees or expenses incurred in connection with a loan,
2-55     including the cost of insurance, may be charged to the loan
2-56     recipient and included in the principal amount of the loan.
2-57           (c)  A loan must bear a fixed, variable, floating, or other
2-58     rate or rates of interest determined by the board.  The board may
2-59     set the interest rate or rates to provide a margin over the rate
2-60     paid by the board on bonds issued by the board under this chapter.
2-61           (d)  The difference between the cost of the money to the
2-62     board and the interest rate or rates charged to a loan recipient
2-63     may be used in whole or in part to defray the expense of
2-64     administering the program.
2-65           (e)  To ensure the maximum benefit of the program to the loan
2-66     recipient, the board shall adopt rules:
2-67                 (1)  relating to the fees, charges, and interest rates
2-68     that may be charged by a lending institution in connection with
2-69     financing the purchase of land with money that does not come from
 3-1     the fund; and
 3-2                 (2)  limiting to the maximum extent practical the fees,
 3-3     charges, and interest rates to the fees, charges, and interest
 3-4     rates that would be collected by the lending institution in the
 3-5     normal course of the institution's mortgage lending business.
 3-6           Sec. 161.509.  INTEREST RATE ON DELINQUENT PRINCIPAL AND
 3-7     INTEREST.  Principal and interest that become delinquent bear
 3-8     interest at a rate determined by the board.
 3-9           Sec. 161.510.  COMBINATION WITH HOME LOAN.  The board may:
3-10                 (1)  permit a person to combine a loan made under this
3-11     subchapter with a home loan made under Chapter 162 if the portion
3-12     of the loan made under this subchapter is funded from amounts on
3-13     deposit in the fund and the portion of the loan made under Chapter
3-14     162 is not funded from amounts in the fund; and
3-15                 (2)  prescribe the amounts of and forms for a combined
3-16     loan under this section.
3-17           Sec. 161.511.  TIME LIMIT ON TRANSFER OF LAND.  (a)  Except
3-18     as provided by Subsection (c), a recipient of a loan may not lease,
3-19     sell, or otherwise transfer in whole or part land or any interest
3-20     in land against which there is a mortgage, deed of trust, or any
3-21     other lien securing the loan:
3-22                 (1)  before the third anniversary of the date the
3-23     recipient purchases the land; and
3-24                 (2)  unless the recipient has complied with any other
3-25     terms and conditions provided by this subchapter and the rules of
3-26     the board.
3-27           (b)  After the three-year period prescribed by Subsection
3-28     (a), land may be sold or otherwise transferred, subject to any lien
3-29     securing a loan, if:
3-30                 (1)  all interest, principal, and taxes that are due
3-31     have been paid;
3-32                 (2)  the terms and conditions of this subchapter and
3-33     rules of the board have been met; and
3-34                 (3)  the board approves the sale or other transfer.
3-35           (c)  The board may waive the three-year period prescribed by
3-36     Subsection (a):
3-37                 (1)  in a case of death, bankruptcy, financial
3-38     incapacity, or divorce of the loan recipient;
3-39                 (2)  if a loan recipient is forced to move because of a
3-40     change in employment or because the recipient's home is condemned
3-41     through no fault of the recipient; or
3-42                 (3)  at any other time the board considers a waiver to
3-43     be in the best interest of the program.
3-44           Sec. 161.512.  INCREASE IN INTEREST RATE; ACCELERATED
3-45     REPAYMENT.  If a recipient of a loan does not comply with the
3-46     requirements of Section 161.511(a) and the board does not waive the
3-47     three-year period prescribed by that section, the board by rule may
3-48     provide for:
3-49                 (1)  an increase in the interest rate on the loan;
3-50                 (2)  the acceleration of repayment of the principal of
3-51     and interest on the loan; or
3-52                 (3)  any other remedy the board considers appropriate.
3-53           Sec. 161.513.  FORECLOSURE AND RESALE.  The board shall adopt
3-54     rules providing procedures governing foreclosure of a lien securing
3-55     a loan.
3-56           SECTION 3.  This Act takes effect immediately if it receives
3-57     a vote of two-thirds of all the members elected to each house, as
3-58     provided by Section 39, Article III, Texas Constitution.  If this
3-59     Act does not receive the vote necessary for immediate effect, this
3-60     Act takes effect September 1, 2001.
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