reglab/statecodes huggingface dataset:
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 175.54 - Protection of Security Interests

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  approved loan must be secured by a mortgage, deed of trust, or other lien on
				  the land prior to any disbursement of funds. All paperwork associated with the
				  note and lien shall be deposited for safekeeping with the board, or as the
				  board may direct.
(b) The security
				  for the board's loan will be provided by:
(1)
				  A first lien mortgage with the board as mortgagee, or the board and a
				  participating lending institution joining as mortgagees, each receiving the
				  payment as provided by its note.
(2) Hazard insurance on any improvements
				  securing the loan. The policy must name the board loss payee in at least the
				  amount of the board's loan.
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 175.55 - Loan Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) After
				  reviewing the appraisal, and any other relevant information, the board shall
				  notify the prospective borrower whether or not it approves the loan
				  application. If the board disapproves a loan application, it shall notify the
				  prospective borrower, in writing, of the reason for the disapproval.
(b) The board may approve a loan for a lesser
				  amount than was requested by the prospective borrower. In that event, the
				  prospective borrower shall do one of the following:
(1) negotiate an amended purchase price that
				  conforms to the approved loan amount;
(2) increase the down payment to include the
				  difference between the purchase price and the approved loan amount;
				  or
(3) cancel the loan
				  application.
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 175.56 - Fees, Loan Amount, Interest Rate, and Down Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to the fees described in
				  §175.17, relating to Fees and Deposits, of this chapter, the board shall
				  collect a fee for the preparation, review, or approval of any document relating
				  to a loan made under this subchapter, including but not limited to the
				  following:
(1) notes;
(2) deeds of trust;
(3) subordination agreements;
(4) transfers and/or assignments of liens;
				  or
(5) release of liens.
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 175.57 - Title Insurance and Closing Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The board may designate an attorney or title company in the county where the
				  land is located to serve as a closing agent. The board shall furnish written
				  instructions to the closing agent describing all conditions that must be
				  satisfied before loan funds are released to the seller.
(b) The board, by resolutions, shall provide
				  for the selection of persons who shall be authorized to act as a trustee for
				  any mortgage loan made or purchased by the board. The resolutions shall either
				  name specific individuals, or describe classes of individuals, who may act as
				  trustees. The resolutions shall explicitly describe the powers that may be
				  exercised by persons authorized to act as trustees.
(c) The borrower must personally sign the
				  loan documents.
(d) The board shall
				  be provided a mortgagee's title insurance policy and the borrower must be
				  furnished an owner's title insurance policy. The only exceptions that may be
				  contained in the mortgagee's title insurance policy are those that are
				  acceptable to the board.
(e)
				  Notwithstanding any other provision of this chapter to the contrary, all loans
				  made under this subchapter shall be secured by first, or co-first,
				  liens.
(f) No fees or expenses in
				  connection with closing a transaction may be charged to the board without its
				  prior written consent. The board may require that a closing agent furnish the
				  board an insured closing letter from its underwriter before the board shall
				  release funds for a transaction.
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 175.58 - Removal of Material Assets, Releases, and Payment in Full

Current through Reg. 49, No. 28; July 12, 2024
(a) The borrower is liable to the board for
				  any decrease in value of the land due to any sale or removal of timber, rock,
				  gravel, sand, chemicals, or other material assets, the loss of which tends to
				  lower the value of the land.
(b) If
				  a borrower wishes to obtain a partial release of lien to clear title to a
				  portion of the land, the borrower shall submit a request in writing to the
				  board. The procedures for granting a partial release are identical to those for
				  obtaining a severance as provided in §175.12, relating to Severances, of
				  this chapter, except that the board will issue a partial release of lien,
				  instead of a deed, for a portion of the tract.
(c) When a loan is paid in full, the board
				  will execute a release of lien in favor of the borrower identified in the
				  records 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 175.59 - Easements and Mineral Leases

Current through Reg. 49, No. 28; July 12, 2024
A borrower may grant easements or rights of way, or execute
					 mineral leases over or covering the land being purchased with a loan from the
					 board. Borrower is liable to the board for any decrease in value of the land
					 due to any grant of easement or lease of minerals by the
					 borrower.
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 175.60 - Purchasing Loans from Lending Institutions

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding any provisions of this
				  chapter to the contrary, the board may, by resolution, provide for the purchase
				  of notes, mortgages, deeds of trust, or other liens from lending institutions.
				  In any such resolutions, the board shall, to the maximum extent possible,
				  establish procedures and requirements that are consistent with the prudent
				  lending practices prevalent in the mortgage lending industry.
(b) The board, may by resolution, establish a
				  schedule of fees, charges, and interest rates that may be charged by a lending
				  institution in connection with a loan that will be sold to 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 175.61 - Delinquencies, Acceleration and Foreclosures

Current through Reg. 49, No. 28; July 12, 2024
(a) The chairman is authorized to enter into
				  any modification of the debtor's obligation if it is in the best interest of
				  the program.
(b) The terms of each
				  note and deed for trust or any other lien document shall determine acceleration
				  and foreclosure requirements and procedures, unless modified under section (a)
				  of this section.
(c) The chairman
				  must approve the initiation of all foreclosure proceedings. All foreclosures
				  shall be conducted in strict compliance with applicable federal and state laws
				  and the note and the deed of trust or other lien document, or any modification
				  thereof.
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 175.62 - Trustee's Sale

Current through Reg. 49, No. 28; July 12, 2024
(a) The chairman may
				  bid for the land at any trustee's sale for any amount that the chairman deems
				  to be in the best interest of the program. All land purchased by the Board at a
				  foreclosure sale shall be resold by private sale according to the practices
				  prevalent in the mortgage industry, or, in the same manner as forfeited land
				  under §
										175.18
				  of this title.
(b) The chairman may
				  collect any deficiencies as allowed by law.
(c) "Trustee's sale" means any foreclosure
				  sale under this subchapter.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.100 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter applies to internal and
				  external disputes before the Texas Veterans Land Board (VLB), including those
				  referred by the State Office of Administrative Hearings (SOAH), which is
				  subject to the Administrative Procedures Act (APA), Chapter 2001, Texas
				  Government Code.
(b) Sections
				  175.100-
				  175.111
				  of this subchapter supplement the procedures required by the APA, Chapter 2001,
				  Texas Government Code.
(c) In
				  accordance with Chapter 2009 of the Texas Government Code and it is the VLB's
				  policy that disputes with the VLB be resolved as fairly and expeditiously as
				  possible. To encourage this policy, the VLB has adopted the use of Alternative
				  Dispute Resolution (ADR).
(d) All
				  ADR procedures shall be consistent with Chapters 2001 and 2009 of the Texas
				  Government Code and Chapter 154 of the Civil Practice and Remedies Code.
				  Chapter 2009 of the Texas Government Code is referred to as the Governmental
				  Dispute Resolution Act or "GDRA".
(e) ADR procedures developed and used by the
				  VLB do not limit other dispute resolution procedures available for the
				  VLB.
(f) Consistent with this ADR
				  policy, the VLB shall endeavor to educate its staff and persons who are subject
				  to the VLB's jurisdiction concerning the availability of ADR to resolve
				  disputes.
(g) The use of ADR may
				  not be applied in a manner that denies a person a right granted under other
				  state or federal law including a right to an administrative or judicial hearing
				  that is allowed or mandated by the VLB or by laws of more general
				  application.
(h) Any resolution
				  reached as a result of the ADR procedure should be achieved through the
				  voluntary agreement of the parties.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Alternative Dispute
				  Resolution (ADR)--A procedure or combination of procedures that uses an
				  impartial third party to assist individuals in voluntarily resolving disputes,
				  including procedures described in §§154.023 - 154.027, Civil Practice
				  and Remedies Code. The GDRA does not grant the GLO authority to engage in
				  binding arbitration.
(2) Board
				  (VLB)--The Veterans Land Board of the State of Texas.
(3) Commissioner--The Commissioner and also
				  chairman of the Veterans Land Board.
(4) Contested case--Shall have the same
				  meaning as such term is defined in the Administrative Procedure Act (Texas
				  Government Code, Chapter 2001).
(5)
				  Executive Secretary--The executive secretary of the board.
(6) GDRA--The Governmental Dispute Resolution
				  Act, Texas Government Code, Chapter 2009.
(7) Impartial Third Party (ITP)--A person who
				  meets the qualifications and conditions of Texas Government Code §
										2009.053,
				  GDRA.
(8) Party--Shall have the
				  same meaning as such term is defined in the Administrative Procedure Act (Texas
				  Government Code, Chapter 2001).
(9)
				  Person--Shall have the same meaning as such term is defined in the
				  Administrative Procedure Act (Texas Government Code, Chapter 2001).
(10) Rule--Shall have the same meaning as
				  such term is defined in the Administrative Procedure Act (Texas Government
				  Code, Chapter 2001).
(11) State
				  Agency--Shall have the same meaning as such term is defined in the
				  Administrative Procedure Act (Texas Government Code, Chapter 2001).
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.102 - Referral of Pending Disputes for ADR

Current through Reg. 49, No. 28; July 12, 2024
The Commissioner, the ADR Coordinator, a Texas veteran or
					 an assignee of VLB land may seek to resolve an internal or external dispute
					 through any ADR procedure. Such procedures may include, but are not limited to,
					 those applied to resolve matters pending in the state's district
					 courts.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.103 - Required Training for ADR Coordinator and Impartial Third Party

Current through Reg. 49, No. 28; July 12, 2024
Eligibility for designation as an ADR Coordinator or
					 appointment as an ITP depends upon the following qualifications being
					 met:
(1) completion of a minimum of 40
				  classroom hours of training in dispute resolution techniques in a course
				  conducted by an alternative dispute resolution system or other dispute
				  resolution approved by the VLB; and
(2) in appropriate circumstances the VLB may
				  waive the training required in this section if a person has professional
				  training or experience in dispute resolution processes related to a particular
				  matter.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.104 - Appointment of ADR Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commissioner shall appoint an ADR Coordinator as soon as practicable following:
(1) initial adoption of this subchapter;
				  or
(2) an ADR Coordinator's
				  vacation of this office.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.105 - Responsibilities of ADR Coordinator

Current through Reg. 49, No. 28; July 12, 2024
The ADR Coordinator shall have the following
					 responsibilities:
(1) Establish a
				  method of choosing ITPs who possess the minimum qualifications described in
				  §154.052 of the GDRA;
(2)
				  Establish a pool of ITPs to resolve contested matters through ADR
				  procedures;
(3) Coordinate the
				  implementation of the ADR policies and procedures;
(4) Provide information about available ADR
				  processes to agency employees, and to both potential and current users of the
				  ADR program;
(5) Serve as a
				  resource for any training and education needed to implement procedures and
				  processes for the ADR program;
(6)
				  Establish a system and collect data concerning the effectiveness of the ADR
				  program in order to evaluate the ADR program and the ITPs that the VLB has
				  used; and
(7) Maintain necessary
				  agency records while maintaining the confidentiality of participants.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.106 - Selection and Payment of Impartial Third Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) For each matter referred for ADR
				  procedures, the ADR Coordinator shall assign an ITP selected by the parties
				  from the GLO's list of potential ITPs unless the parties agree upon the use of
				  a private ITP.
(b) A private ITP
				  may be hired for commission of ADR procedures provided that:
(1) the parties unanimously agree to the
				  selection and use of a private ITP; and
(2) the private ITP agrees to be subject to
				  the direction of the GLO's ADR Coordinator and to all time limits imposed by
				  the Commissioner, the ADR Coordinator, the judge, or by statute or agency
				  rule.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.107 - Responsibilities of Impartial Third Parties

Current through Reg. 49, No. 28; July 12, 2024
(a) The ITP shall complete the minimum
				  training standards set forth in §154.052 of the GDRA, prior to starting
				  any ADR procedure for the VLB through programs approved by the ADR Coordinator,
				  unless the required training is waived by the ADR Coordinator.
(b) The ITP shall have the following
				  responsibilities:
(1) to facilitate the ADR
				  procedure; and
(2) to encourage and
				  assist the parties in reaching a voluntary settlement of their
				  dispute.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.108 - Commencement of the ADR Process and ADR Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) To initiate the ADR process, a party to a
				  contested matter must submit a written ADR proposal form to the ADR
				  Coordinator. The ADR proposal form can be found on the VLB's website at
				  www.glo.state.tx.us/vlb/. Upon completion of the form, it should be submitted
				  to the ADR Coordinator at the website address or fax number listed with copies
				  sent to any other parties to the dispute.
(b) ADR procedures under this subchapter may
				  begin, at the discretion of the ADR Coordinator, anytime after a party to a
				  contested matter submits a written ADR proposal requesting the use of ADR
				  procedures to resolve a dispute with the VLB.
(c) The ADR Coordinator shall provide the
				  Commissioner a copy of the ADR proposal for review, discuss it with the
				  interested parties, as appropriate, and assess whether ADR would assist in
				  fairly and expeditiously resolving the dispute.
(d) If the parties, including the
				  Commissioner and the ADR Coordinator, cannot agree on whether the ADR procedure
				  should be used or on the particulars of the ADR procedure, the ADR Coordinator
				  will notify the affected parties of that outcome and the proposal will be
				  dismissed without opportunity for resubmission to the ADR Coordinator in the
				  future.
(e) The ADR Coordinator
				  will promptly notify all affected parties within ten (10) business days of
				  receiving the ADR proposal, or as soon as reasonably possible if a pertinent or
				  impending deadline is indicated in the ADR proposal, whether or not the dispute
				  will be referred for the ADR process. If the ADR Coordinator determines not to
				  refer the dispute to ADR, the notice shall include the reasons that the dispute
				  was not referred. If the ADR Coordinator determines to refer the dispute to
				  ADR, the notice shall include the starting date for the selected ADR.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.109 - Partial Settlement Agreements through ADR

Current through Reg. 49, No. 28; July 12, 2024
When ADR procedures do not result in the full settlement of
					 a contested matter, the parties, in conjunction with the ITP, shall limit the
					 contested issues through the entry of written stipulations. Such stipulations
					 shall be forwarded or formally presented to the judge assigned to conduct the
					 hearing on the merits and shall be included in the hearing
					 record.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.110 - Complete Settlement Agreements through ADR

Current through Reg. 49, No. 28; July 12, 2024
(a) All parties participating in an ADR
				  procedure are expected to make a good faith effort to reach
				  agreement.
(b) All parties
				  participating must have the authority to reach an agreement to make a final
				  recommendation to resolve the dispute.
(c) The Commissioner will abide by an agreed
				  upon resolution to the dispute and either approve the agreement or offer the
				  recommendation to the VLB, if Board authorization is needed.
(d) The decision to reach an agreement by all
				  parties is voluntary.
(e) Each
				  party to a resolution resulting from ADR must execute a written agreement
				  reflecting the resolution. The agreement is enforceable in the same manner as
				  any other written agreement of the same nature with the State.
(f) The Commissioner must approve a written
				  agreement, to which the VLB Executive Secretary or the VLB Board members are
				  signatories resulting from the ADR procedure and it is subject to the Public
				  Information Act, Chapter 552, Texas Government Code.
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 C - PROCEDURES FOR ALTERNATIVE DISPUTE RESOLUTION › Section 175.111 - Confidentiality of Communications in ADR Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsections (c) and
				  (d) of this section, communications, records, conduct and demeanor of an ITP
				  and parties relating to the subject matter made by a party in an ADR procedure,
				  whether before or after the initiation of formal proceedings, is confidential,
				  is not subject to disclosure, and may not be used as evidence in any further
				  proceeding.
(b) Any notes or record
				  made of an ADR procedure are confidential, and parties, including the ITP, may
				  not be required to testify in any proceedings relating to or arising out of the
				  matter in dispute or be subject to processes requiring disclosure of
				  confidential information or data relating to or arising out of the matter in
				  dispute.
(c) An oral communication
				  or written material used in or made a part of an ADR procedure is admissible or
				  discoverable only if it is admissible or discoverable independent of the
				  procedure.
(d) If this section
				  conflicts with other legal requirements for disclosure of communications or
				  materials, the issue of confidentiality may be presented to the judge to
				  determine, in camera, whether the facts, circumstances, and context of the
				  communications or materials sought to be disclosed warrant a protective order
				  or whether the communications or materials are subject to disclosure.
(e) The ITP may not, directly or indirectly,
				  communicate with anyone on any aspect of ADR negotiations made confidential by
				  this section unless all the parties consent to the disclosure, or upon issuance
				  of an opinion from the Office of the Attorney General that the evidence is
				  subject to the Public Information Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
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 living
				within the State of Texas, with the intent to remain in Texas.
(3) Chairman--The commissioner of the General
				Land Office who is also chairman of the Veterans Land Board.
(4) Covenants--The bond covenants undertaken
				by the Veterans Land Board in association with the sale of bonds.
(5) Fund--The State Veterans Home Fund, which
				is comprised of the proceeds from the sale of bonds issued for the purpose of
				acquisition, construction, operation and maintenance of a state veterans home
				or homes, revenues derived from the operation of one or more state veterans
				homes, and the proceeds from other sources which are used for the acquisition,
				construction, operation and maintenance of a state veterans home or
				homes.
(6) Operator--The entity
				under contract with the Board to manage a State Veterans Home or
				Homes.
(7) Spouse --Means a person
				of the opposite sex who is a wife or husband.
(8) Surviving spouse--A person of the
				opposite sex who was the spouse of a veteran at the time of the veteran's
				death, and who lived with the veteran continuously from the date of marriage to
				the date of the veteran's death (except where there was a separation which was
				due to the misconduct of, or procured by, the veteran without fault of the
				spouse) and who has not remarried or (in cases not involving remarriage) has
				not since the death of the veteran, and after September 19, 1962, lived with
				another person and held himself or herself out openly to the public to be the
				spouse of such other person.
(9)
				State Veterans Home (SVH)--Retirement home, retirement village, home for the
				aging, or other facility that furnishes shelter, food, medical attention,
				nursing services, medical services, social activities, or other personal
				services or attention to veterans.
(10) DADS--Texas Department of Aging and
				Disability Services.
(11)
				USDVA--The United States Department of Veterans Affairs or any successor
				thereto.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.2 - Authority

Current through Reg. 49, No. 28; July 12, 2024
Texas Natural Resources Code, §
									164.005
				  authorizes the Board, in conjunction with other state or federal agencies, to
				  acquire by purchase, gift, devise, lease or a combination thereof, construct,
				  operate, enlarge, improve, furnish, or equip one or more state veterans homes.
				  Funding for the construction, acquisition, operation and maintenance of a state
				  veterans home or homes shall come in part from the sale of revenue bonds. The
				  Board is authorized by Texas Natural Resources Code, §
									164.004 to adopt rules for
				  the construction, acquisition, ownership, operation, maintenance, enlargement,
				  improvement, or furnishing or equipping of veterans homes.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.3 - Sale of Bonds

Current through Reg. 49, No. 28; July 12, 2024
The procedure for the issuance and sale of bonds will be set
				  by resolution of the Board. The chairman and the executive secretary of the
				  Board are authorized to work with the bond counsel and financial advisor
				  selected by the Board in ascertaining the elements of security permissible
				  under the law, maturities, option provisions, paying agency provisions, and all
				  other matters pertaining to the bonds which affect the bonds' acceptability 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. After the
				  notice of sale is approved, it will be published, either in full or abbreviated
				  form, in the manner prescribed by law. 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 176 - VETERANS HOMES › Section 176.4 - Administration of the State Veterans Home Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) The proceeds from each bond sale shall be
				part of the State Veterans Home Fund and shall first be used for the following
				purposes:
(1) to satisfy the reserve
				requirements of the particular covenants associated with the sale;
				and
(2) to set up the initial debt
				repayment associated with each sale.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.5 - Appointment of Operator

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board will
				appoint an operator who will be responsible for maintenance and operation of a
				veterans home or homes built under the provisions of this chapter. An operator
				may be an individual, partnership, corporation or other business entity, as
				well as a state or federal agency.
(b) The Board will set qualifications,
				requirements, terms and conditions, and all contract specifications to be met
				by the operator. No appointment of an operator shall be effective until a
				contract has been awarded and duly executed by the Board and the operator. The
				functions of the operator will be provided for in their contract. These
				functions shall include, but are not limited to, the following:
(1) management and operation of the Texas
				state veterans home(s) in compliance with all applicable federal, state and
				local laws, rules, regulations, standards and policies.
(2) to develop, implement, and maintain
				policies and procedures for all aspects of the management and operation of the
				state veterans home(s). All such policies and procedures shall be reviewed and
				approved by the Board. All such policies and procedures shall remain the
				property of the Board in the event of cancellation or termination of the
				contract for any reason.
(3) to
				secure and retain all licenses and certifications required to operate the state
				veterans home as a skilled nursing care facility with an Alzheimer's/dementia
				care unit. Ensure that all personnel employed at the state veterans home(s) are
				properly licensed or certified for the work they are performing. Secure and
				retain such other licenses and certifications as may be required by the
				Veterans Land Board.
(4) be fully
				responsible for the management and supervision of the daily operations of the
				home, including the development, implementation and operation of all necessary
				administrative systems, including, but not limited to, accounting, personnel,
				reporting, administrative records, medical records, and purchasing.
(5) providing annual operating statements and
				budget estimates to the Board.
(6)
				making available at reasonable times and for reasonable periods books, records,
				and supporting documents kept current by the operator pertaining to the state
				veterans home for purposes of inspecting, monitoring, auditing, or evaluating
				by the Board and its representatives, and representatives of TDHS, USDVA, the
				state auditor, and the comptroller of public accounts.
(7) to notify the Veterans Land Board,
				immediately following notifications required by law, of any abuse or suspected
				abuse of a resident, any unexpected or unexplained injury or death of a
				resident, or any immediate threat to the health or safety of a
				resident.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.6 - Operator Qualifications

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				operator may be a person, partnership, corporation, or other business or
				governmental entity.
(b) The
				operator must be duly organized, validly existing, and in good standing under
				the laws governing its creation and existence, and must be duly authorized and
				qualified to transact all business contemplated by these rules and any contract
				with the Board.
(c) Must be in
				compliance with the nondiscrimination provision of the Civil Rights Act of 1964
				and the regulations pursuant to such act, and the Americans with Disabilities
				Act (ADA).
(d) Shall satisfy any
				other qualification requirements which the Board may adopt by resolution from
				time to time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.7 - Admissions Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				purpose of this section is to set forth the requirements for admittance of
				applicants to a SVH. USDVA requires that the program only admit to a SVH those
				applicants who satisfy all medical, financial, and military service
				requirements set forth in USDVA regulations, as they are amended from
				time-to-time.
(b) For purposes of
				this section, the term "veteran" means a person who satisfies the requirements
				of Title 40, Part 5, Chapter 175, §175.2(c)(1) of the Texas Administrative
				Code relating to Loan Eligibility Requirements, as amended from
				time-to-time.
(c) To be eligible
				for admission to a SVH, an applicant must satisfy one of the following:
(1) be a veteran who:
(A) satisfies the USDVA guidelines and
				regulations relating to the need for nursing home care; and
(B) is in one of the following categories:
(i) veterans with service-connected
				disabilities;
(ii) veterans who are
				former prisoners of war;
(iii)
				veterans who were discharged or released from active military service for a
				disability incurred or aggravated in the line of duty;
(iv) veterans who receive disability
				compensation under
				38
				U.S.C.A. §1151;
(v) veterans whose entitlement to disability
				compensation is suspended because of the receipt of retired pay;
(vi) veterans whose entitlement to disability
				compensation is suspended pursuant to
				38
				U.S.C.A. §1151, but only to the extent
				that such veterans' continuing eligibility for nursing home care is provided
				for in the judgment or settlement described in
				38
				U.S.C.A. §1151;
(vii) veterans who USDVA determines are
				unable to defray the expenses of necessary care as specified under
				38
				U.S.C.A.
				§1722(a);
(viii) veterans of the Mexican border period
				or of World War I;
(ix) veterans
				solely seeking care for a disorder associated with exposure to a toxic
				substance or radiation or for a disorder associated with service in the
				Southwest Asia theater of operations during the Persian Gulf War, as provided
				in
				38
				U.S.C.A. §1710(e);
				or
(x) veterans who agree to pay to
				the United States the applicable co-payment determined under
				38
				U.S.C.A. §1710(f) and
				§
												1710(g).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.8 - Qualifying Homes

Current through Reg. 49, No. 28; July 12, 2024
(a) A state veterans
				home may be newly constructed or it may be located in an existing
				structure.
(b) Each state veterans
				home must meet all applicable federal, state and local laws and regulations,
				including, but not limited to the rules and regulations of the United States
				Department of Veterans Affairs, and the Texas Department of Human Services,
				whose rules and regulations are incorporated herein and made a part hereof, and
				the Americans with Disabilities Act.
(c) Each home shall be licensed as a nursing
				home, and may be licensed as a long term or acute care facility.
(d) The Board may, in its discretion, adopt
				other requirements as it deems appropriate.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.9 - Fees and Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) All fees,
				expenses and charges to be paid by a resident of a state veterans home must be
				approved by the Board. The imposition and amount of any fee or charge shall be
				consistent with or lower than industry standards.
(b) Within a reasonable period of time, the
				Board shall either approve or disapprove all fees and expenses to be charged.
				The operator shall incorporate in its guidelines the maximum fees and expenses
				which may be charged.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 176 - VETERANS HOMES › Section 176.10 - Rights of Board

Current through Reg. 49, No. 28; July 12, 2024
The Board is the final authority in determining the
				  interpretation and application of these rules on a case by case
				  basis.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this section,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Administrator--The
				entity appointed by the board to assist the board in administering the
				processing of loan applications under these sections.
(2) Board--The Veterans Land Board of the
				State of Texas.
(3) Bona fide
				resident--An individual actually living within the State of Texas with the
				intention to so remain.
(4)
				Chairman--The commissioner of the General Land Office who is also chairman of
				the Veterans Land Board.
(5)
				Covenants--The bond covenants undertaken by the Veterans Land Board in
				association with the sale of bonds.
(6) FHA--The Federal Housing Administration
				of the Department of Housing and Urban Development of the United States of
				America or any successor thereto.
(7) FHLMC--Federal Home Loan Mortgage
				Corporation or any successor thereto.
(8) FNMA--Federal National Mortgage
				Association or any successor thereto.
(9) FSLIC--The Federal Savings and Loan
				Insurance Corporation.
(10)
				Fund--The veterans housing assistance fund.
(11) Missing/Missing in Action--To have an
				official designation of "missing status" as provided by Title 37, Chapter 10 of
				the United States Code. 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.
(12)
				Participating lending institution--Any bank, trust company, savings bank,
				national banking association, savings and loan association, building and loan
				association, mortgage banker, mortgage company, credit union, life insurance
				company, or other financial institution that customarily provides services or
				aids in the financing of mortgages on single-family residential housing,
				including a holding company for any of the foregoing, which has sought and
				received approval to participate in the Veterans Housing Assistance
				Program.
(13) Program--The Veterans
				Housing Assistance Program.
(14)
				VA--The United States Department of Veterans Affairs or any successor
				thereto.
(15) VA guaranty--A
				guaranty of a mortgage loan by the VA under the Serviceman's Readjustment Act
				of 1944 as amended.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.2 - 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 board. The chairman and the executive secretary of the board
				  are authorized to work with the bond counsel and financial advisor selected by
				  the board in ascertaining the elements of security permissible under the law,
				  maturities, option provisions, paying agency provisions, and all other matters
				  pertaining to the bonds which affect the bonds' acceptability 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. 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 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.3 - Administration of Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) The veterans
				housing assistance fund is defined by Natural Resources Code, §
									162.002,
				and Subchapter C (§§162.031-162.050).
(b) The proceeds from each bond sale shall be
				part of the fund and shall first be used for the following purposes:
(1) to satisfy the reserve requirements of
				the particular covenants associated with the sale;
(2) to set up the initial debt repayment
				associated with each sale.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.4 - Appointment of Administrator

Current through Reg. 49, No. 28; July 12, 2024
(a) The board
				will set qualifications and requirements, terms, and conditions, and all
				contract specifications to be met by the administrator. No appointment of an
				administrator shall be effective until a contract has been awarded by sealed
				bid and duly executed by the board and the administrator. The functions of the
				administrator may include, but are not limited to, the following:
(1) preparing guidelines for participation in
				the program by participating lending institutions and distributing these
				guidelines to all interested parties;
(2) preparing loan application forms and
				information brochures for use by potential veteran loan applicants;
(3) reviewing applications by lending
				institutions to participate in the program and recommending approval or
				disapproval to the board;
(4)
				maintaining a list of all approved participating lending institutions and
				updating this list by the first day of January, April, July, and October of
				each year and making this list available upon request to any interested party
				for the actual cost of reproducing and mailing said list;
(5) reviewing title and loan papers for each
				transaction under these rules and recommending approval or disapproval of them
				to the board;
(6) assuring
				compliance by participating lending institutions with qualification,
				eligibility, and loan servicing guidelines and reviewing at least annually the
				performance of each approved participating lending institution and recommending
				whether the board's approval should be continued or revoked;
(7) overseeing fees and charges made by
				participating lending institutions;
(8) acting as clearinghouse for loan
				paperwork, including processing of loan payments by veterans;
(9) overseeing forfeiture, foreclosure, and
				collection procedures;
(10)
				preparing the provisions and terms of the contracts between the board and
				participating lending institutions;
(11) consulting with the appropriate state
				and federal authorities to obtain approval of the program by the VA, FHA, FNMA,
				and FHLMC;
(12) providing all data
				processing services required by the program; and
(13) making available at reasonable times and
				for reasonable periods books, records, and supporting document kept current by
				the administrator pertaining to the program for purposes of inspecting,
				monitoring, auditing, or evaluating by the board, its representatives, and
				representatives of the Office of the State Auditor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 5 - TEXAS VETERANS LAND BOARD › Chapter 177 - VETERANS HOUSING ASSISTANCE PROGRAM › Section 177.5 - Loan Eligibility Requirements

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 an applicant has actually satisfied those
				requirements. The Board may by resolution prescribe the procedures and forms to
				be used by applicants.
(b) For
				purposes of this program a veteran is a person who satisfies the requirements
				of Title 40, Part 5, Chapter 175, §175.2(c)(1) of the Texas Administrative
				Code relating to Loan Eligibility Requirements, as amended from time-to-time.
				The unmarried surviving spouse of a veteran shall be eligible to participate in
				this program if he or she satisfies the requirements of Title 40, Part 5,
				Chapter 175, §175.2(c)(2) relating to Loan Eligibility Requirements, as
				amended from time-to-time.
(c) A
				veteran may be able to obtain more than one housing assistance loan under this
				chapter, provided that all previous Veterans Housing Assistance Program loans
				have been repaid in full and that only one home may be financed by a veteran at
				any time. However, for purposes of this chapter, an eligible veteran may obtain
				both a purchase money loan and a home improvement loan under the Veterans
				Housing Assistance Program. An eligible veteran may also receive a loan under
				the land program.
(d) If both a
				husband and wife are individually eligible to participate in the program,
				nothing herein shall be construed to prohibit them from applying for a loan to
				jointly purchase the same home. The Board may make a loan for the purchase of
				the same home by two veterans who are husband and wife, but only in the event
				that both spouses together satisfy the loan qualification requirements of the
				participating lending institution. The total amount of this loan shall not
				exceed the maximum amount allowable for a home mortgage loan through the United
				States Department of Veterans Affairs or any successor agency.