reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 4 - CONSUMER PARTICIPATION › Section 106.507 - Scope of Consumer Participation

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 DBS may not apply a financial needs test or basic living requirements (BLR) nor
					 require financial participation of the consumer as a condition for furnishing
					 the following vocational rehabilitation services:
(1) assessment for determining eligibility
					 and priority for services, except for vocational rehabilitation services other
					 than those of a diagnostic nature provided under an extended
					 evaluation;
(2) assessment for
					 determining vocational rehabilitation needs, including visits to Criss Cole
					 Rehabilitation Center for assessments;
(3) vocational rehabilitation counseling,
					 guidance, and referral services by DBS;
(4) employment assistance services by
					 DBS;
(5) diabetes education
					 training;
(6) vocational
					 rehabilitation teacher services (including consumable supplies);
(7) any auxiliary aid or service (for
					 example, interpreter services, reader services) that the consumer needs in
					 order to participate in the VR program;
(8) orientation and mobility
					 services;
(9) personal assistance
					 services; and
(10) services paid
					 for or reimbursed by a source other than DBS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 4 - CONSUMER PARTICIPATION › Section 106.509 - Refusal to Disclose Economic Resources

Current through Reg. 49, No. 28; July 12, 2024
Applicants, and members of the family, as defined in
						§
											106.419
						of this subchapter (relating to Services to Family Members), have the right not
						to disclose their economic resources. When this information is not disclosed,
						economic resources are determined by DBS to be in excess of the allowable
						amounts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 5 - COMPARABLE BENEFITS › Section 106.607 - Comparable Services and Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 If comparable services or benefits exist under any other program and are
					 available to the consumer at the time needed to achieve the rehabilitation
					 objectives in the consumer's IPE, DBS must use those comparable services or
					 benefits to meet, in whole or in part, the cost of vocational rehabilitation
					 services.
(b) If comparable
					 services or benefits exist under any other program, but are not available to
					 the consumer at the time needed to satisfy the rehabilitation objectives in the
					 consumer's IPE, DBS must provide vocational rehabilitation services until those
					 comparable services and benefits become available.
(c) The following services are exempt from a
					 determination of the availability of comparable services and benefits:
(1) assessment for determining eligibility
					 and priority for services;
(2)
					 assessment for determining vocational rehabilitation needs;
(3) vocational rehabilitation counseling,
					 guidance, and referral services;
(4) placement services;
(5) rehabilitation technology services;
					 and
(6) post-employment services
					 consisting of the services listed under paragraphs (1) - (5) of this
					 subsection.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 6 - METHODS OF ADMINISTRATION OF VOCATIONAL REHABILITATION › Section 106.707 - Application of an Order of Selection

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 An order of selection is authorized in §101(a)(5)(A) of the Rehabilitation
					 Act of 1973, as amended to ensure that consumers with the most severe
					 disabilities are selected for service before other consumers in times of
					 limited funding.
(b) In determining
					 whether to invoke an order of selection, the assistant commissioner for blind
					 services applies the criteria set out in
					 29 U.S.C.
					 §709, as amended; in 34 Code of Federal
					 Regulations §361.36; and in the state plan.
(c) The order of selection is applied after
					 eligibility for services is determined.
(d) To inquire if DBS is operating under the
					 order of selection, a person may contact any DBS office, including the Central
					 Office at 4800 North Lamar Boulevard, Austin, Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 7 - CERTIFICATE OF BLINDNESS FOR TUITION WAIVER › Section 106.801 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this division is to set out the
						administration and general procedures governing the Certificate of Blindness
						for Tuition Waiver. DARS DBS provides a certificate of blindness to a person
						who applies for tuition waiver at a state-supported postsecondary school in
						Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 7 - CERTIFICATE OF BLINDNESS FOR TUITION WAIVER › Section 106.803 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The Certificate of Blindness for Tuition Waiver is
						created under authority of the Education Code, Chapter 54,
						§54.364.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 7 - CERTIFICATE OF BLINDNESS FOR TUITION WAIVER › Section 106.805 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, have the following meanings, unless the context clearly indicates
						otherwise.
(1) Applicant--A person
					 applying to DARS DBS for a Certificate of Blindness for Tuition
					 Waiver.
(2) Blind--As defined in
					 Human Resources Code §
											91.002(2)
					 means a person having not more than 20/200 visual acuity in the better eye with
					 correcting lenses or visual acuity greater than 20/200 but with a limitation in
					 the field of vision such that the widest diameter of the visual field subtends
					 an angle no greater than 20 degrees.
(3) Certificate of Blindness for Tuition
					 Waiver--The certificate issued by DARS DBS to certify that the applicant is a
					 blind person as defined by Education Code, §
											54.364(a)(2).
					 The applicant may use the certificate to apply for a tuition waiver at any
					 Texas state institution of higher education using public funds, as set forth in
					 Education Code, §
											54.364(a)(5)
					 and §
											1.003.
(4) Consumer--An individual with a disability
					 who has applied for, or who is receiving vocational rehabilitation
					 services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 7 - CERTIFICATE OF BLINDNESS FOR TUITION WAIVER › Section 106.807 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) For a DARS DBS consumer to obtain a
					 certificate, the individual must make a request with his or her vocational
					 rehabilitation counselor.
(b) For a
					 person who is not a DARS DBS consumer to obtain a certificate, the individual
					 must submit a request in person or by mail to any DARS DBS office, and present
					 visual diagnostic information confirming the person is blind as defined in
					 §106.805(2) of this division (relating to Definitions).
(c) Visual diagnostic information must
					 include eye exams from an optometrist, ophthalmologist or low-vision
					 specialist.
(d) DARS DBS does not
					 pay for a diagnostic exam for the sole purpose of obtaining this
					 record.
(e) Eligibility for a
					 Certificate of Blindness for Tuition Waiver is determined by DARS DBS, and the
					 determination is final.
(f) The
					 Certificate of Blindness for Tuition Waiver issued by DARS DBS is not a
					 determination that an applicant satisfies the residency requirement, or any
					 other requirement set forth under Education Code, §
											54.364, for
					 tuition waiver at any eligible institution.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 2 - DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES › Chapter 106 - DIVISION FOR BLIND SERVICES › Subchapter B - VOCATIONAL REHABILITATION PROGRAM › Division 7 - CERTIFICATE OF BLINDNESS FOR TUITION WAIVER › Section 106.809 - Certificate of Blindness for Tuition Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS DBS is responsible for the design
					 and content of the Certificate of Blindness for Tuition Waiver.
(b) The Certificate of Blindness for Tuition
					 Waiver documents the name of the person to whom it is issued and contains the
					 signature of an authorized DARS DBS representative.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.1 - Sale of Bonds

Current through Reg. 49, No. 28; July 12, 2024
Procedure for issuance and sale of bonds will be set by
					 resolution of the Veterans' Land Board (hereinafter called board). The chairman
					 of the board and the executive secretary of the board are authorized to work
					 with the bond counsel selected by the board in ascertaining the elements of
					 security permissible under the law, the maturities, option provisions, paying
					 agency provisions, etc., pertaining to the bonds, acceptable in the market to
					 the end that such elements may be incorporated into the bonds and resolution.
					 The chairman, executive secretary of the board, and bond counsel will prepare a
					 draft of the official notice of sale of bonds for the approval of the Attorney
					 General of Texas and subsequently by the board. After the notice of sale is
					 approved, it will be published, either in full or abbreviated form, in the
					 manner prescribed by law, and the board has the right to reject any and all
					 bids received.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.2 - Loan Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(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 Texas with the
				  intention to remain.
(3)
				  Missing/Missing in Action--To have an official designation of "missing status"
				  as provided by Title 37, Chapter 10 of the United States Code relating to
				  Payments to Missing Persons. The term "missing status" means the status of
				  members of a uniformed service who are officially carried or determined to be
				  absent in a status of missing; missing in action; interned in a foreign
				  country; captured; beleaguered, or besieged by a hostile force; or detained in
				  a foreign country against their will.
(4) Program--The Veterans Land Program as
				  authorized by Title 7, Chapter 161 of the Texas Natural Resources Code relating
				  to Veterans Land Board.
(5)
				  Surviving spouse--A person who satisfies the federal definition of "surviving
				  spouse" contained in Title
				  38
				  USC Sec. 101(3), as modified
				  by the special provision in Title
				  38 USC Sec.
				  103, or any successor statutes, as amended
				  from time to time. The board's intent is to match the eligibility requirements
				  for a surviving spouse to qualify for a home loan guaranteed by the
				  USDVA.
(6) USDVA/VA--The United
				  States Department of Veterans Affairs or any successor thereto.
(7) Veteran--A person who satisfies the
				  requirements of subsection (c)(1) of this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.3 - Land Selection

Current through Reg. 49, No. 28; July 12, 2024
(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 conditions acceptable to the board;
(4) if more than one tract of land is
				  selected the tracts must be contiguous as defined by the board; or, if not
				  contiguous, then one tract must meet the minimum acreage requirement, and the
				  use, location, and value of the tracts would permit the board, in its sole
				  discretion, to consider the combination of the tracts as one tract;
				  and
(5) have direct access to a
				  public road. If the tract does not directly abut a public road, a perpetual
				  access easement appurtenant must be conveyed to the board, or other board
				  approved access must be provided. This easement must meet the county width
				  requirement for publicly maintained roads and, in any event, must be at least
				  60 feet wide. The easement must be conveyed to the board by general warranty
				  deed or dedicated to the public or subdivision owners. If the easement is
				  conveyed to the board by deed, it must be described by metes and bounds. This
				  description must contain specific tie calls to both the tract and a public
				  road. If the easement is dedicated, the deed to the board must refer to the
				  recording information of the subdivision plat or other dedication instrument.
				  If the board finances the transaction the tract must have similar easement
				  rights. Easements and roads must be usable by standard automobiles during
				  inclement weather.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.4 - Land Description

Current through Reg. 49, No. 28; July 12, 2024
(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 number(s), survey number(s) and block designation, if applicable, and
				  the county in which the tract is located (if the tract is divided by a county
				  line, the appropriate abstract numbers and acreage on each side of the county
				  line will be shown). The general description shall also contain the deed
				  reference to the parent tract including grantor, grantee, date of instrument,
				  and volume and page of recording. Additional references to other instruments in
				  the chain of title may be referred to if appropriate;
(2) contain a specific description of the
				  land, defining each side of the tract by course and distance or appropriate and
				  complete curve data, identifying and describing monuments at each corner, and
				  further identifying the land by calls for other natural and artificial objects
				  on and along the boundaries and by calls for and reference to adjoining
				  properties where appropriate;
(3)
				  be tied to a corner of an original grant or survey if such corner is locatable
				  and if the tie is not impractical to obtain. If it is impossible or impractical
				  to tie to a corner of an original grant or survey the tract should tie to a
				  locatable corner of the parent tract or any of the adjoinders;
(4) include a description, either by metes
				  and bounds or center line, of the access easement from the tract to an existing
				  public road of all tracts which do not abut a public road.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.5 - Appraisal of Land

Current through Reg. 49, No. 28; July 12, 2024
(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 considered by the board in making the appraisal. If
				  improvements are considered in determining the value of the property, the board
				  may in accordance with §
										175.6(d)
				  of this title (relating to Commitment by the Board) require the purchase of an
				  insurance policy covering fire and hazard losses.
(b) If the appraisal amount is less than the
				  purchase price agreed upon, the veteran may cancel the transaction. The veteran
				  must provide a written cancellation notice to the seller and the board and
				  request that the board return the down payment and the unused portion of the
				  fee deposits.
(c) Upon the request
				  of the veteran, the appraiser shall meet with the veteran for a physical
				  inspection of the land to be purchased. Except as provided in subsection (d) of
				  this section, the board may not require that veterans accompany the appraiser.
				  The Board may, by resolution, establish a procedure for veterans to certify
				  they have personally inspected the tracts they are purchasing. This resolution
				  may also provide a procedure for granting a request to permit the veteran's
				  personal representative to inspect the tract for the veteran.
(d) If the veteran believes that the
				  appraisal contains a mistake, the veteran may request that the land be
				  appraised again. The board shall have the land re-appraised if all the
				  following requirements are satisfied:
(1) The
				  request for a re-appraisal must be in writing and describe any mistake the
				  veteran believes was made.
(2) The
				  written request should be accompanied by any documentation supporting the
				  allegation that a mistake was made.
(3) The re-appraisal fee must be remitted to
				  the board.
(4) If the board elects
				  to perform another physical inspection of the tract in connection with the
				  re-appraisal, the board may require that the veteran personally accompany the
				  board's representative on that inspection.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.6 - Commitment by the Board

Current through Reg. 49, No. 28; July 12, 2024
(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 least of the following options:
(1) 95% of the appraised value of the
				  land;
(2) 95% of the final agreed
				  purchase price; or
(3) the maximum
				  loan amount as set by the Board by resolution from time to time, as prescribed
				  by law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.7 - Title Examination

Current through Reg. 49, No. 28; July 12, 2024
(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 closing the transaction. The board will
				  also pay up to $30 to cover recording costs. The board will not pay a
				  representative for preparing and filing application papers, drafting
				  instruments, or for rendering services of a similar nature. If an attorney
				  provides such services he is to be paid directly by the veteran or
				  seller.
(b) It is the seller's
				  responsibility to obtain a commitment for title insurance and to provide copies
				  of it to the closing representative and the board.
(c) The seller shall also provide the
				  following, as applicable:
(1) releases of any
				  outstanding liens;
(2) proof that
				  all taxes have been paid through the last taxable year;
(3) evidence that taxes have been prorated as
				  of the date of sale, or that satisfactory arrangements have been made with the
				  veteran regarding taxes, including rollback taxes;
(4) releases of any mineral leases that have
				  expired, or an affidavit of nonproduction and nonpayment of annual delay
				  rentals;
(5) any instruments in the
				  chain of title necessary for the board to make a proper showing of ownership to
				  a lessee under an existing mineral lease; and
(6) fees for recording all instruments other
				  than the deed from the seller to the board and the contract of sale between the
				  board and the veteran.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.8 - Contract of Sale and Purchase

Current through Reg. 49, No. 28; July 12, 2024
(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 interest designated by
				  the board and shall not exceed 30 years in duration.
(d) If the tract contains improvements or is
				  located in an underground irrigation water area, the chairman may require
				  accelerated installments for the purpose of protecting the board's
				  investment.
(e) Installment
				  payments on a veteran-purchaser's contract of sale and purchase shall be due
				  and payable in the following manner:
(1) for
				  transactions which have closed before January 1, 1984, installment payments
				  will be made on a semiannual basis, unless the veteran-purchaser elects to
				  change to a monthly payment schedule.
(2) for transactions which close after
				  January 1, 1984, payments will be made on a monthly basis.
(3) the installment dates will be specified
				  in the contract.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.9 - Death of a Purchaser

Current through Reg. 49, No. 28; July 12, 2024
(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 account
				  is not insured at the time of the purchaser's death, the board should be
				  furnished:
(1) certified copies of all
				  probate proceedings, if any; or
(2)
				  an affidavit of heirship, if the purchaser dies intestate and no administration
				  is necessary for the estate.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.10 - Insurance Losses

Current through Reg. 49, No. 28; July 12, 2024
(a) All proceeds
				  received for insurance losses must be deposited with the board. These proceeds
				  may be used to repair or replace the damaged or destroyed improvements, or they
				  may be applied to the principal balance of the veteran's account.
(b) Normally, when there has been a loss the
				  insurance company will issue a check jointly payable to the veteran and the
				  board. The veteran should endorse the check and forward it to the board. The
				  proceeds will be held in a special account until the damaged or destroyed
				  improvement has been repaired or replaced, or until it has been determined that
				  the proceeds are to be applied to the principal balance of the veteran's
				  account.
(c) If there has been a
				  partial loss, repairs shall be made in order to prevent further deterioration.
				  If the loss is total, the veteran will have the option of rebuilding the
				  improvement or applying the proceeds to the principal balance of his account.
				  If applying the proceeds to the principal balance of the account pays it in
				  full, any unused funds will be refunded to the veteran, or his or her designee,
				  as soon thereafter as practicable.
(d) When an improvement is repaired or
				  replaced, and the loss is under $500, the veteran should:
(1) submit to the board itemized statements
				  showing the materials and labor furnished; and
(2) submit to the board an affidavit showing
				  that all of the materials and labor specified in the statements were actually
				  used in the repair or replacement of the improvement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.11 - Transfer of Contract of Sale and Purchase

Current through Reg. 49, No. 28; July 12, 2024
(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 increase in the interest
				  rate.
(2) the contract may be
				  assigned to a non-veteran, a veteran who has previously participated in the
				  program or a firm or corporation with an increase in the interest rate. The new
				  rate of interest shall be set by the board.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.12 - Severances

Current through Reg. 49, No. 28; July 12, 2024
(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 qualified surveyor. The survey
				  requirements of §
											175.4
				  of this title (relating to Land Descriptions) must be met. The field notes and
				  plat prepared from the ground survey must be submitted to the board.
(2) Both the tract to be severed and the
				  remaining tract must have access to a public road. If the severed tract
				  includes all of the road frontage, a 60 foot access easement to the portion
				  remaining under contract must be conveyed to the board.
(3) Upon receipt of the field notes and plat,
				  the board will have an appraisal made to determine the amount to be paid for
				  the severed acreage. The veteran will be notified of the result of this
				  appraisal. This amount, which will be applied against the principal of the
				  veteran's account, should be submitted to the board, along with a deed fee. The
				  board will then issue a deed, conveying clear title to the severed
				  portion.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.13 - Sale of a Material Asset, and Improvements

Current through Reg. 49, No. 28; July 12, 2024
(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 instruments necessary to effectuate a sale, and
				  will approve any such sale on behalf of the board.
(3) At least 1/2 of the proceeds from the
				  sale of a material asset shall be paid to the board. This amount will be
				  applied toward the principal balance of the veteran's account.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.14 - Mineral Leases

Current through Reg. 49, No. 28; July 12, 2024
(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 request.
(2) The lease must be
				  approved by the chairman of the board.
(3) Each lease must state the actual and true
				  consideration to be paid.
(4) At
				  least 1/2 of all proceeds, including bonus, rentals and royalties received
				  under the terms of such leases, shall be paid to the board and applied toward
				  the principal balance of the account. If an account is delinquent, the board
				  will require that additional payments of bonus, rental and royalty be paid
				  until the delinquency is satisfied. Payments made in this manner will not
				  relieve the veteran of his obligation to make the regular installment
				  payments.
(5) The lease term may
				  not exceed 10 years, except when a lease is held in force by production.
				  However, coal and lignite leases may be executed, with board approval, for
				  terms up to 40 years.
(6) No lease
				  may contain a provision for an option, renewal or release for any term, nor may
				  such provision be provided for by separate instrument.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.15 - Approval of Easements

Current through Reg. 49, No. 28; July 12, 2024
(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 board or the State
				  Highway Department of Highways and Public Transportation.
(2) Utility easements for pipelines, electric
				  lines, etc. The board requires use of its form when granting such an easement,
				  except when an easement for a waterline is to be granted. In that case the FHA
				  form may be used. If an FHA form is used, a course and distance description of
				  the waterline must be attached.
(3)
				  Flowage easements granted in connection with dams and reservoir projects. The
				  agency administering the project furnishes the forms for such easements. An
				  elevation contour map of the acreage involved, together with an engineer flood
				  data sheet, may be used in place of a course and distance
				  description.
(4) Easement for right
				  of way purposes. The board does not require the use of a specified form for
				  easements of this type. However, a form that may be used as a guide is
				  available from the board.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.16 - Payment in Full

Current through Reg. 49, No. 28; July 12, 2024
(a) When an account is
				  paid in full the board will draft a deed conveying the land to the original
				  veteran-purchaser or the last approved assignee. If a deed is executed to
				  someone other than the legal owner, the deed and the rights thereto shall inure
				  to the benefit of the legal owner. A fee must be paid to the board for issuance
				  of the deed.
(b) The board will
				  accept a cashier's check, certified check, personal check, money order or cash
				  as final payment.
(c) The board
				  will furnish a final statement to the contract holder at any time upon
				  request.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.17 - Fees and Deposits

Current through Reg. 49, No. 28; July 12, 2024
(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. The
				  board's resolution adopting a schedule shall set the specific fee for each
				  service described in the schedule, provided that no fee shall exceed the
				  maximum amounts described in this section. The schedule will be made available
				  to any person upon request and will be published on the board's Internet
				  site.
(2) If another law of the
				  state requires the board to perform a service, the board shall collect the fee
				  authorized by said law.
(3) On a
				  case-by-case basis, the chairman or the executive secretary may waive the
				  collection of any fee described in this section if it serves the best interests
				  of the program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.18 - Resale of Forfeited Land

Current through Reg. 49, No. 28; July 12, 2024
(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) Highest bidder--The person who submits
				  the best and highest bid which satisfies all the terms, conditions, and
				  guidelines set by the board for any sale of any tract.
(3) Minimum bid amount--The minimum
				  acceptable selling price set by the board for each Type I and Type II
				  tract.
(4) Type I land tract--When
				  a tract is forfeited and first ordered for sale or lease by the board, it is
				  automatically classified as Type I land.
(5) Type II land tract--When Type I land has
				  been made available for sale or lease and is not sold or leased by the board
				  for any reason, it is automatically reclassified as Type II land at the moment
				  the board determines that no acceptable bid was received.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.19 - Subdivision Loan Processing

Current through Reg. 49, No. 28; July 12, 2024
(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
				  resubdivision of land; and
(3)
				  agree to provide the services and materials described in this rule to
				  interested veterans in order to facilitate the board's processing of
				  loans.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.21 - Prizes and Inducements

Current through Reg. 49, No. 28; July 12, 2024
(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 intent
				  of the requirement that veterans have equity in any tract purchased through the
				  program, it is the policy of the Veterans Land Board to approve no transaction,
				  the net effect of which involves the seller, realtor, or any party to the
				  transaction other than the veteran directly or indirectly paying the initial
				  payment or down payment(s). This includes inducements such as zero coupon
				  bonds, savings bonds, etc.
(b)
				  Subsection (a) of this section shall not be construed to prevent a veteran from
				  contracting with the seller or any other party to a transaction for the payment
				  of other expenses associated with closing the transaction such as survey costs,
				  title examination, and attorney's fees.
(c) Subsection (a) of this section shall not
				  be construed to prohibit privileges incidental to the ownership of land and
				  available to all purchasers in the same subdivision and/or joint ownership of
				  recreational areas such as parks, lakes, etc.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.22 - Duties and Responsibilities of Chairman, Executive Secretary, and Assistant Executive Secretary

Current through Reg. 49, No. 28; July 12, 2024
(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 functions of the
				  board prescribed by law except for those duties and functions reserved to the
				  board as provided in the Natural Resources Code, §
										161.061
				  which shall be performed by the board.
(b) The chief clerk of the General Land
				  Office may perform any of the duties of the chairman if the chairman is sick,
				  absent, dies, or resigns.
(c) The
				  board shall select an executive secretary and may select an assistant executive
				  secretary, each of whom shall be nominated by the chairman and approved by a
				  majority of the board. The executive secretary and assistant executive
				  secretary shall perform all duties required of them by the board.
(1) The chairman of the board may delegate
				  any of his nondiscretionary responsibilities to the executive secretary and the
				  assistant executive secretary, including the execution of veterans' purchase
				  contracts, easements, and deeds when loans are paid in full.
(2) The assistant executive secretary may
				  perform any of the duties of the executive secretary, when and as requested by
				  the chairman or executive secretary.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter A - GENERAL RULES AND CONTRACTING FINANCING › Section 175.23 - County Committees

Current through Reg. 49, No. 28; July 12, 2024
The commissioners court of each county may appoint a
					 committee of up to three resident real property owners, who are knowledgeable
					 and active in veterans' affairs, to serve as a local county advisory committee
					 to the board. The committee shall perform all duties requested by the board,
					 including, but not limited to, providing information about the programs to
					 veterans and veterans' groups, and collecting and reporting relevant
					 information to the board. In the event a county chooses to appoint members to
					 an advisory committee, the county shall notify the board of the names and
					 address of those appointed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter B - MORTGAGE FINANCING › Section 175.51 - Construction of Subchapter B

Current through Reg. 49, No. 28; July 12, 2024
(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
				  provided in this subchapter, the rules of the Veterans Land Board set forth in
				  TAC, Title 40, Part 5, Chapter 175, Subchapter A, relating to General Rules and
				  Contract Financing, shall apply to all loan transactions made by the board that
				  are secured by a mortgage, deed of trust, or other lien on the land to be
				  purchased. When applying any provision of Subchapter A to a mortgage loan
				  transaction, those provisions shall be construed as necessary and appropriate
				  for a mortgage loan transaction rather than a contract of sale transaction. The
				  board may, by resolution, clarify the construction of any provision of
				  Subchapter A in its application to a mortgage loan transaction.
(c) Any requirement of this subchapter that
				  is not otherwise required by the constitution or statutes of this state may be
				  waived on a case-by-case basis by the board. Any waiver request must be in
				  writing and must describe the circumstances surrounding the request, including
				  all of the reasons why the waiver is requested.
(d) Definitions.
(1) "Borrower" means a person presently
				  obligated to make payments to the board:
(A)
				  For a loan made, or purchased, by the board as provided by this
				  subchapter;
(B) For a purchase of
				  land from the board under a contract of sale as provided by Subchapter A,
				  relating to General Rules and Contract Financing, of this chapter; or
(C) For a loan or contract of sale that the
				  person assumed from the original borrower with the written consent of the
				  board.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter B - MORTGAGE FINANCING › Section 175.52 - Borrower's Eligibility and Number of Loans

Current through Reg. 49, No. 28; July 12, 2024
(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
				  transactions.
(b) A person is
				  eligible to apply for a loan under the provisions of this subchapter if he or
				  she satisfies the requirements of §175.2(c), relating to Loan Eligibility
				  Requirements.
(c) A person may only
				  have one loan at a time as a veteran. However, once that loan is paid in full
				  he or she may apply for an additional loan as a veteran. The foregoing
				  notwithstanding, an individual who is currently participating in the program as
				  a veteran may assume a loan, or take an assignment of a contract of sale as a
				  non-veteran and may bid on a tract or tracts at a forfeited land sale as a
				  non-veteran.
(d) Notwithstanding
				  anything to the contrary in this chapter, a purchaser under an executory
				  Veterans Land Board Contract of Sale and Purchase may refinance the obligation
				  represented by the Contract of Sale and Purchase by substituting a purchase
				  money Veterans Land Board mortgage loan. No additional funds may be advanced
				  except for expenses incident to the transaction, as provided in Tex. Nat. Res.
				  Code §161.508(b). The chairman may establish procedures, documents, and
				  policies to accomplish transactions authorized by this section. To the maximum
				  extent possible, the substitute loans must retain the terms of the original
				  Contracts of Sale and Purchase and must comply with the requirements for new
				  Veterans Land Board mortgage loans. All liens securing the substitute loans
				  relate back to the date of the original Contracts of Sale and
				  Purchase.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 175 - GENERAL RULES OF THE VETERANS LAND BOARD › Subchapter B - MORTGAGE FINANCING › Section 175.53 - Eligibility and Description of Land

Current through Reg. 49, No. 28; July 12, 2024
(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 and legal description for its
				  review that satisfies all the requirements set forth in §175.4, relating
				  to Land Description, of this chapter.
(c) For every loan made under this
				  subchapter, the board must be furnished an appraisal that conforms to the
				  requirements of §175.5, relating to Appraisal of Land, of this
				  chapter.
(d) Notwithstanding the
				  provisions of subsections (b) and (c) to the contrary, the board may, by
				  resolution, establish requirements and specifications for surveys and
				  appraisals that conform to the prudent lending practices prevalent in the
				  mortgage lending industry.