Section 24.9 - Program Administration(a) Pursuant to Tex. Gov't Code § 2306.754(b), the Department shall not exceed $45,000 in household assistance for any Texas Bootstrap Loan Program loan. If it is not possible for an Owner-Builder to purchase necessary real property and build or rehabilitate adequate housing for $45,000, the Owner-Builder must obtain the additional amounts necessary from other sources, which may include other types of Department funds, excluding Texas HTF.(b) The Department shall make loans for Owner-Builder Applicants to enable them to: (1) Build new residential housing, including the purchase or refinance of real property, if needed, on which to undertake such Activity; or(2) Improve existing residential housing, including the purchase or refinance of real property, if needed, on which to undertake such Activity.(c) Upon approval by the Department, the Administrator shall enter into, execute, and deliver to the Department the Reservation Agreement. The Department may terminate the Reservation Agreement in whole or in part if the Administrator has not performed as outlined in the Program Rule, NOFA, Reservation Agreement, or Program Manual.(d) If the Owner-Builder Applicant qualifies for the Program, the Department will issue a Loan Commitment which reserves up to $45,000 in funds for 12 months from the date of the Loan Commitment. The Owner-Builder Applicant will not be required to re-qualify if the Owner-Builder Applicant closes by the expiration date on the Loan Commitment. If an Owner-Builder Applicant does not close by the expiration date, the Owner-Builder Applicant must re-qualify for the Program; however, the Department may grant an extension of up to 180 days from the expiration date on the original Loan Commitment. If the Owner-Builder Applicant fails to close on the loan after the extension is granted the Reservation or loan will be cancelled.(e) Roles and responsibilities for administering the Program Contract. Administrators are required to:(1) Qualify potential Owner-Builders for loans;(2) Provide Owner-Builder homeownership education classes and ensure provision of HUD-certified housing counseling;(3) Supervise and assist Owner-Builders to build or Rehabilitate housing;(4) Facilitate loans made or purchased by the Department under the Program; and(5) Implement and administer the Program on behalf of the Department.(f) Loan Servicing Agreement. Administrators may service Program loans originated on behalf of the Department. Administrators servicing Program loans on behalf of the Department must obtain prior approval and enter into a loan servicing agreement with the Department. Administrator certification for a loan servicing agreement expires annually, after which an Administrator in good standing with the Department may apply for recertification of the loan servicing agreement utilizing the recertification application provided by the Department's Loan Servicing section. Loan servicing agreements may be reevaluated from time to time and may be terminated at the discretion of the Department.(g) First Year Consultation Agreement. If the Department notifies the Administrator that an Owner-Builder has failed to make a scheduled payment due under the Program loan, or other payments due under the Program loan documents, within the first 12 months of funding, the Administrator must meet with the Owner-Builder and provide counseling to assist in bringing the payments current. After such consultation and in the event that the Department and Administrator are not able to bring the Program loan current, the Department in accordance with its administrative rules, may apply appropriate graduated sanctions leading up to, but not limited to, deobligation of funds and future debarment from participation in the Program.(h) Administrative Fee. The Administrator will be granted a 10% administrative fee upon completion of the house and funding of each Mortgage Loan.(i) Construction Plans. If the activity is New Construction or reconstruction, Administrator must submit a legible copy of the proposed construction plans for approval by the Department prior to the Administrator accepting applications for Owner-Builder Applicants.(j) Work Write-up. If Administrator's activity is Rehabilitation, Administrator must adhere to TMCS and submit work write-ups and cost estimates for Department approval prior to construction.(k) Loan Program Requirements. The Department may purchase or originate loans that conform to the lending parameters and the specific loan Program requirements as described in paragraphs (1) - (6) of this subsection: (1) Minimum loan amount is $1,000;(2) Loan term may not exceed 30 years;(3) Loan term may not be less than five years;(4) Loan must be at zero percent (0%) interest for the entire loan term;(5) When refinancing a Contract for Deed, the Department will not disburse any portion of the Department's loan until the Owner-Builder receives a deed to the property; and(6) Owner-Builder must have resided in Texas for the preceding six months prior to the date of loan application.(l) Loan Assumption. A Program loan is assumable if the Department determines that the Owner-Builder Applicant complies with all Program requirements in effect at the time of the assumption.10 Tex. Admin. Code § 24.9
The provisions of this §24.9 adopted to be effective November 1, 2012, 37 TexReg 8496; Amended by Texas Register, Volume 40, Number 45, November 6, 2015, TexReg 7816, eff. 11/12/2015; Amended by Texas Register, Volume 42, Number 43, October 27, 2017, TexReg 6007, eff. 11/5/2017; Adopted by Texas Register, Volume 44, Number 43, October 25, 2019, TexReg 6356, eff. 10/31/2019; Adopted by Texas Register, Volume 46, Number 52, December 24, 2021, TexReg 9007, eff. 1/2/2022; Adopted by Texas Register, Volume 49, Number 12, March 22, 2024, TexReg 1907, eff. 3/28/2024