40 TAC § 175.3. Land Selection

(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.

(b) The board will not purchase or finance a tract of land that was wholly owned by the veteran or his spouse, separately or jointly, within 3 years of the date of application.

(c) If the veteran or his or her spouse owns an undivided interest in the land that he or she has selected, the board may approve the application after the tract has been partitioned and a copy of the recorded partition deed is furnished to the board. The board may purchase only that interest not owned by the applicant or the applicant's spouse. If the land is not partitioned because the applicant is purchasing the remaining undivided interest not currently owned by the applicant or the applicant's spouse, the board may nonetheless approve the purchase or financing of the tract. In such cases, the purchase price or loan amount will be limited to the value of the interest not previously owned by the applicant or the applicant's spouse. Whether or not the land is partitioned however, title to the entire tract must be conveyed to the board, or the board must be in a first lien position as to the entire tract.

(d) Except as provided in subsection (c) of this section, the board will not purchase or finance land in which the seller or any prior owner is to retain any interest, other than a mineral interest or an access or utility easement.

(e) The board will not approve any application that will result in a refinancing of a prior purchase by a veteran or his or her spouse.

(f) A tract must be free and clear of all liens when the board takes title or perfects its lien.

(g) The board reserves the right to refuse to purchase or finance any tract for any reason.