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State Law
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Texas Natural Resources Code - Chapter 161 Veterans Land BoardLegal Research Home > Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Chapter 161 Veterans Land Board (a) In this chapter: (1) "Board" means the Veterans' Land Board. (2) "Commissioner" means the Commissioner of the General Land Office. (3) "Land office" means ... The Veterans Land Board is a state agency designated to perform the governmental functions authorized in Article III, Section 49-b of the Texas Constitution. Acts ... The Veterans' Land Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The board ... (a) The board shall select an executive secretary and an assistant executive secretary, each of whom shall be nominated by the commissioner and approved by ... (a) The commissioner may employ all other employees that may be necessary for the discharge of the board's duties. The employees may include stenographers, typists, ... The employees of the board shall be paid their compensation and shall perform their duties with the same rules and requirements of the general law ... (a) The board may designate the comptroller as the fiscal agent for payment of principal of and interest on the bonds. (b) The comptroller shall ... (a) When necessary, the board shall meet on the first and third Tuesdays of each month in the land office, where its session shall be ... Minutes of each meeting of the board shall be kept, and only those matters that actually transpire at the meeting shall be entered in the ... Papers, records, and archives of the board shall be deposited and kept in the land office. Acts 1977, 65th Leg., p. 2656, ch. 871, art. ... The board may purchase at state expense through the board of control supplies, including stationery, stamps, printing, record books, and other things that may be ... The board shall procure and adopt a seal bearing the words "Veterans Land Board" encircled by the oak and olive branches common to other official ... The provisions of this chapter shall apply to any successor of the board. Acts 1977, 65th Leg., p. 2657, ch. 871, art. I, § 1, ... An officer, employee, or paid consultant of a veterans' association or of a trade association in the field of real estate sales, brokerage, or development ... A person who is required to register as a lobbyist under Chapter 305, Government Code, by virtue of his activities for compensation in or on ... Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees. Added by ... (a) It is a ground for removal from the board if an appointed member: (1) does not have at the time of appointment the qualifications ... The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting ... (a) The executive secretary or his designee shall develop an intraagency career ladder program, one part of which shall require the intraagency posting of all ... (a) The executive secretary or his designee shall develop a system of annual performance evaluations based on measurable job tasks. All merit pay for board ... The financial transactions of the board are subject to audit by the state auditor in accordance with Chapter 321, Government Code. Added by Acts 1985, ... (a) The executive secretary or his or her designee shall prepare and maintain a written plan to assure implementation of a program of equal employment ... (a) The board shall provide to its members and employees as often as is necessary information regarding their qualifications under this chapter and their responsibilities ... The board shall develop and implement policies that will provide the public with a reasonable opportunity to appear before the board and to speak on ... The board shall: (1) authorize and execute negotiable bonds as provided by law; (2) provide by resolution for use of the fund in a manner ... The commissioner is the chairman of the board and administrator of the program as provided in Article III, Section 49-b of the Texas Constitution, and ... (a) The board may adopt rules that are not inconsistent with this chapter and that it considers necessary or advisable. The board shall adopt rules ... The board may make any investigation it considers necessary relating to transactions involving land purchases or sales under this chapter. Acts 1977, 65th Leg., p. ... (a) The board is specifically authorized to administer oaths and to examine the books, records, or other documents dealing with or relating to the transactions ... The board may issue a subpoena duces tecum to require a person to produce books, records, or any other documents for the board's examination. Acts ... (a) If a corporation fails or refuses to comply with the orders of the board under Sections 161.064 through 161.066 of this code, the corporation ... The board may prescribe the form and contents of notices, bids, applications, awards, contracts, deeds, and instruments used by the board in carrying out a ... (a) The board shall collect the fee it considers necessary from each applicant under Subchapter G of this chapter and deposit the fee in a ... (a) The board shall set and collect, for the use of the state, reasonable fees in amounts determined by the board for services it may ... The board shall have published pamphlets containing the provisions of this chapter and rules the board desires, and these pamphlets shall be made available to ... (a) The board may lease any property that it owns on terms it considers proper. (b) A lease for agricultural and grazing purposes is subject ... The board may contract with a private entity to administer all or part of the program if it is cost effective to do so. Added ... (a) The board may at any time and from time to time enter into one or more bond enhancement agreements that the board determines to ... (a) In this section, "lending institution" has the meaning assigned by Section 161.502. (b) On request, the board shall provide to a lending institution information ... By appropriate action, the board may provide by resolution for the issuance and sale of negotiable bonds authorized by the constitution, and the proceeds shall ... The board, at its option, may issue bonds in one or several installments. Acts 1977, 65th Leg., p. 2659, ch. 871, art. I, § 1, ... The bonds shall bear the rate or rates of interest prescribed by the board. Acts 1977, 65th Leg., p. 2659, ch. 871, art. I, § ... (a) The bonds shall be payable as provided by the board and shall mature serially or otherwise not later than 40 years from their date. ... The board shall determine the form of the bonds, including the forms of interest coupons attached to the bonds, and shall fix the denomination or ... (a) The bonds shall be executed by and on behalf of the board and the state as obligations of the state in the manner provided ... (a) The resolution authorizing the issuance of an installment or series of bonds may prescribe the extent to which facsimile signatures and facsimile seals may ... Before bonds are delivered to the purchasers, the record relating to the bonds shall be examined by the attorney general. If the record demonstrates that ... After the bonds are approved by the attorney general, they shall be registered in the office of the comptroller. Acts 1977, 65th Leg., p. 2660, ... (a) After the bonds are approved by the attorney general and registered with the state comptroller, they shall be held as valid and binding obligations ... Bonds issued under this chapter have and are declared to have all qualities and incidents of negotiable instruments under the laws of this state. Acts ... If the board authorizes the issuance of a series of bonds and decides to call for bids, it shall publish an appropriate notice at least ... The board may require bidders to accompany their bids with exchange or bank cashier's checks in an amount considered adequate by the board to be ... Bonds may be sold at public or private sale at a price or prices and on terms determined by the board. Acts 1977, 65th Leg., ... The board may provide for replacement of bonds that are mutilated, lost, or destroyed. Acts 1977, 65th Leg., p. 2661, ch. 871, art. I, § ... (a) The board may provide by resolution for issuance of refunding bonds for the purpose of refunding outstanding bonds issued under this chapter together with ... (a) Bonds issued under this chapter are legal and authorized investments for banks, savings banks, trust companies, building and loan associations, insurance companies, fiduciaries, trustees, ... Bonds are exempt from any tax by the state and by cities, towns, villages, counties, school districts, and other political subdivisions and public agencies of ... (a) If during the existence of the fund or during the time general obligation bonds are payable from the fund the board determines that there ... (a) The board shall make a good faith effort to award to minority-owned businesses: (1) contracts relating to the issuance of bonds by the board ... (a) The board shall make a good faith effort to award to women-owned businesses: (1) contracts relating to the issuance of bonds by the board ... (a) The veterans' land fund shall include: (1) land purchased by the board from money in the fund; (2) money attributable to general obligation bonds ... (a) Money in the fund that is not immediately committed to paying principal of and interest on the bonds, to the purchase of land, or ... With the approval of the comptroller, the board, in managing the assets of the fund, pending the completion of an investment transaction, may: (1) select ... (a) In managing the assets of the fund, the board may: (1) select one or more commercial banks, depository trust companies, or other entities to ... The principal of and interest on bonds issued by the board shall be paid from money in the fund as provided by the constitutional provision ... (a) The board may use money in the fund attributable to bonds that have been issued and sold to pay: (1) expenses of surveying and ... The board may use money in the fund attributable to bonds issued and sold to pay: (1) legal fees and fees for financial advice necessary ... (a) The board may use money in the fund to purchase on the open market any bonds it has issued and sold, and the debt ... Subject to the provisions of the constitution: (a) Money in the fund that is not spent for the purposes provided in this chapter shall remain ... Notwithstanding any other provision of this chapter, the board may sell at public or private sale, with or without public bidding, any or all of ... Amounts temporarily transferred from the fund to the veterans' housing assistance fund or the veterans' housing assistance fund II under the Texas Constitution shall be ... With respect to purchases made under this chapter, the Veterans' Land Board shall file semiannually with the Bond Review Board a report on the performance ... (a) Before purchasing land under the provisions of this chapter, the board shall have an appraisal of the property made to determine its value. (b) ... (a) Before the board purchases land under Section 161.211 of this code or Subchapter G of this chapter, it shall require the seller to execute ... (a) Before making payment for land, the board shall have the title of the property sought to be purchased examined and may require for this ... Land purchased by the board shall be acquired at the lowest price that can be obtained in the opinion of the board, taking into consideration ... Except for forfeited land that may be resold by the board at less than actual cost under Section 161.319 of this code, land shall not ... The commissioners court of each county in the state shall appoint a committee composed of three resident real property owners of the county. Acts 1977, ... (a) A person who considers himself an eligible veteran under this chapter and who desires to benefit under this chapter shall submit to the local ... (a) The board may make inquiries and investigations it considers proper to determine the veteran's eligibility and qualifications and shall obtain from the veteran a ... The provisions of Sections 161.217 through 161.219 of this code do not apply to sales under Sections 161.175, 161.231 through 161.234, and 161.319 of this ... The sale of land by the board may be properly initiated by contract of sale and purchase, and the contract shall be recorded in the ... (a) The purchaser shall make an initial payment in an amount set by the board's rules for land sold under this chapter. (b) The balance ... The board may specify in each individual case the terms of the contract entered into with the purchaser as long as they are not contrary ... (a) No property sold under this chapter may be transferred, sold, or conveyed in whole or part until the original veteran purchaser has enjoyed possession ... If the sale is made to a person other than a qualified Texas veteran, the assignee and all subsequent assignees shall assume an interest rate ... Property sold under this chapter may be transferred, sold, or conveyed at any time after the entire indebtedness due to the board has been paid. ... (a) No land purchased under this chapter may be leased by the purchaser for a term of more than 10 years except as follows: (1) ... While the veteran is indebted to the board for land purchased, if he executes or there exists a lease or contract of sale of oil, ... (a) When the entire indebtedness due the state under the contract of sale is paid, the chairman of the board shall execute a deed under ... (a) If the purchaser of the land dies while indebted to the board under a contract, his rights, acquired under this chapter and the contract ... Land acquired by the board may be subdivided for sale into tracts of the size the board may consider advisable. Acts 1977, 65th Leg., p. ... Land acquired and subdivided under Sections 161.175, 161.231, 161.233, and 161.234 of this code shall be offered for sale according to rules adopted by the ... (a) The sale price of land sold under Sections 161.175 and 161.231, 161.232, and 161.234 of this code may include the addition of the expenses ... The provisions of Sections 161.175 and 161.231 through 161.233 of this code notwithstanding, land acquired and subdivided under these sections that has first been offered ... If an eligible Texas veteran dies after he has filed with the board an application and contract of sale to purchase through the board the ... The board may promulgate rules to determine the number of tracts of land that a veteran may purchase under this chapter. Acts 1977, 65th Leg., ... (a) If a veteran desires a particular tract of land located in this state, on proper showing of eligibility to benefits under this chapter, he ... As far as practical, applications shall be processed in the order in which they are received by the board. Acts 1977, 65th Leg., p. 2670, ... (a) If the board is satisfied with the value and desirability of the property selected by the veteran, it may purchase the land from its ... The board shall have an appraisal of the property made as it considers necessary to determine the value and, before consummating the purchase, shall satisfy ... (a) No transaction under this chapter may be considered together with any other transaction to constitute a block deal between the state and two or ... (a) The property acquired by the board becomes a part of the fund, but the veteran who has selected the land has a preference right ... The rules governing the sale of land under this subchapter are governed by the provisions of this chapter relating to sale of land generally by ... If the title to the land is not approved and accepted by the board, any amount paid to the board or the board's designee in ... The board is the sole judge of forfeiture of any purchase contract under this chapter and any person availing himself of the provisions of this ... (a) If a portion of the principal of or interest on any sale is not paid when due, or if the provisions of this chapter, ... If the person corrects or cures the reason for forfeiture within the 30-day notice period, the board shall not enter an order of forfeiture. Acts ... The forfeiture is effective at the time the board meets and adopts a resolution directing its chairman to endorse on the wrapper that contains the ... Notice of the board's action in forfeiting the original contract shall be mailed to the county clerk of the county in which the land is ... On forfeiture, the full title to the land, including both surface and mineral estates, shall revest in the board, and the board shall recognize and ... (a) If a sale is forfeited and the title to the land revested in the fund, the original purchaser or the original purchaser's vendee is ... Land included in a forfeited contract is subject to resale under Section 161.319 of this code. Acts 1977, 65th Leg., p. 2672, ch. 871, art. ... (a) Resale of forfeited land under this chapter may be made to the highest bidder under terms and conditions and at the time and in ... (a) The board may impose charges for late payments. (b) In addition to charging for late payments under Subsection (a), the board may set and ... If the board declares a forfeiture under a purchase contract, the purchaser shall vacate the premises within 45 days after the date of the letter ... The board, by and through the attorney general, shall institute legal proceedings that are necessary to enforce the forfeiture or to recover the full amount ... The liability of the original veteran purchaser and any subsequent assignee or assignees of the veteran are joint and several, but the original veteran purchaser ... After obtaining the permission of the legislature, in any action brought in the courts against the state involving the title to a tract of land ... In this subchapter, "person purchasing land under the program" means a person or a person's successor or assign who buys land from the board under ... (a) Persons purchasing land under the program shall carry insurance on the improvements on the property in an amount that the board considers necessary. Failure ... The board may enter into a contract or agreement with one or more insurance companies authorized to do business in this state to provide life, ... It is not mandatory that a person purchasing land under the program accept the offer of the insurance coverage, and refusal by the person to ... The board may collect or provide for collection of the insurance premium in a reasonable manner. Acts 1977, 65th Leg., p. 2674, ch. 871, art. ... The contract or agreement shall not prohibit cancellation by the insurer of the entire contract on reasonable notice to the board but shall prohibit cancellation ... (a) Individual insurance coverage may be terminated for any person on terms agreed to by the insurer and the board (b) Repealed by Acts 2003, ... Any person, seller, veteran, or appraiser who knowingly makes, utters, publishes, passes, or uses any false, fictitious, or forged paper, document, contract, affidavit, application, assignment, ... A person who knowingly files a false, fictitious, or forged paper, document, contract, affidavit, application, assignment, or other instrument in writing relating to the purchase, ... A person who defrauds a veteran of his rights and benefits under this chapter by an act of fraud, duress, deceit, coercion, or misrepresentation or ... The purpose of this subchapter is to authorize the board to provide loans to veterans for the purchase of land that are secured by a ... In this subchapter: (1) "Lending institution" means a bank, savings bank, savings and loan association, credit union, trust company, mortgage banker, mortgage company, life insurance ... (a) In addition to purchasing land under Subchapters F and G, the board shall make or acquire loans with money from the fund to finance ... (a) To qualify for a loan under this subchapter, a person must be a veteran at the time the person applies for the loan. If ... A disbursement of money on a loan may not be made unless the loan is secured by a mortgage, deed of trust, or other lien ... The board may require an initial payment on a loan or may require an investment in the land by the loan recipient in an amount ... (a) The final principal payment on a loan shall be made not later than the 40th anniversary of the date of the loan. (b) The ... (a) All fees to be charged to a person who receives a loan must be approved by the board. (b) Any fees or expenses incurred ... (a) The board may impose charges for late payments. (b) In addition to charging for late payments under Subsection (a), the board may set and ... The board may: (1) permit a person to combine a loan made under this subchapter with a home loan made under Chapter 162 if the ... (a) Except as provided by Subsection (c), a recipient of a loan may not lease, sell, or otherwise transfer in whole or part land or ... If a recipient of a loan does not comply with the requirements of Section 161.511(a) and the board does not waive the three-year period prescribed ... The board shall adopt rules providing procedures governing foreclosure of a lien securing a loan. Added by Acts 2001, 77th Leg., ch. 333, § 2, ... Texas Lawyers
Last modified: August 10, 2007 |