When assistance is provided in the form of an acquisition Mortgage Loan:

1. (1) a Category 1A (Texas Society of Professional Surveyors) land title survey is required for single family acquisition where:

   1. (A) the Department is a lien holder and the Program funds are used for construction or purchase because:

      1. (i) the rehabilitation project is enlarging the footprint; or
      2. (ii) the project is reconstruction or new construction or purchasing an existing home; and
   2. (B) if allowed by the Program Rules or NOFA, existing surveys for acquisition only activities may be used if the Household certifies that no changes were made to the footprint of any building or structure, or to any improvement on the Single Family Housing Unit;
2. (2) the Department reserves the right to determine the survey requirements on a per project basis if additional survey requirements would, at the sole discretion of the Department, benefit the project.

Source Note:The provisions of this §20.11 adopted to be effective November 1, 2012, 37 TexReg 8470; amended to be effective November 9, 2014, 39 TexReg 8573.