SECTION 175.17. Fees and Deposits

(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.

(b) The board shall collect the following fees when they are applicable:

(1) a fee not to exceed $250 for a regular (or first) appraisal of a tract of land;

(2) a fee not to exceed $100 for the reappraisal of land previously appraised by the board for the same transaction;

(3) a fee for a subdivision pre-appraisal and consultation fee -- $2 per acre, calculated on the gross acreage in the subdivision, with a minimum of $250;

(4) a fee not to exceed $25 for a returned check (NSF);

(5) The board shall collect a fee not to exceed $150 for the preparation, review, or approval of any document, including but not limited to the following:

(A) contract of sale and purchase;

(B) mineral lease or assignment of mineral lease;

(C) easement, including but not limited to utility easements, access right of ways, and recreational;

(D) transfer of contract and sale and purchase;

(E) deed issued when a portion of a tract is severed prior to the full payment of its loan;

(6) a fee for a deed issued when a loan is paid in full, not to exceed:

(A) $150 if the contract incorporates this chapter by reference, or includes a general reference to the rules and/or regulations of the board; or

(B) the amount of the fee that was in effect on the date the contract was executed if the contract contains no reference to the rules and/or regulations of the board.

(c) No fee may be charged in connection with the program to a loan applicant by a third party that has not been approved by the board.

Source Note: The provisions of this §175.17 adopted to be effective August 12, 2001, 26 TexReg 5839; amended to be effective April 23, 2023, 48 TexReg 2140