Texas Government Code Title 9, Chapter 1372 - Private Activity Bonds And Certain Other Bonds

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1372.001 - Definitions
  In this chapter: (1) "Additional state ceiling" means authorization under federal law for the issuance of bonds that are tax-exempt private activity bonds subject to...
• Texas Section 1372.002 - "Project"
  (a) For purposes of this chapter, a project is: (1) an eligible facility or facilities that are proposed to be financed, in whole or in...
• Texas Section 1372.003 - "Closing" In Connection With Mortgage Credit Certificates
  The closing of mortgage credit certificates occurs on the date on which an issuer elects not to issue qualified mortgage bonds and to establish a...
• Texas Section 1372.004 - Rules
  The board may adopt rules necessary to accomplish the purposes of this chapter. Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept....
• Texas Section 1372.005 - Delivery Of Required Submissions To Board; Issuance Of Receipts
  (a) A submission required by this chapter must be delivered to the board at its Austin office during normal business hours. (b) The board shall:...

SUBCHAPTER B ALLOCATION AND RESERVATION OF STATE CEILING

• Texas Section 1372.006 - Fees
  (a) An application for a reservation under Subchapter B or a carryforward designation under Subchapter C must be accompanied by a nonrefundable fee in the...
• Texas Section 1372.021 - Annual Allocation Of State Ceiling
  The state ceiling for each calendar year is allocated to issuers of private activity bonds. Added by Acts 1999, 76th Leg., ch. 227, Sec. 1,...
• Texas Section 1372.022 - Availability Of State Ceiling To Issuers
  (a) If the state ceiling is computed on the basis of $75 per capita or a greater amount, before August 15 of each year: (1)...
• Texas Section 1372.0223 - Dedication Of Portion Of State Ceiling To Certain Issuers Of Qualified Mortgage Bonds
  Until August 7, out of that portion of the state ceiling that is available exclusively for reservations by issuers of qualified mortgage bonds under Section...
• Texas Section 1372.023 - Dedication Of Portions Of State Ceiling To Texas Department Of Housing And Community Affairs
  (a) Until August 7, of that portion of the state ceiling that is available exclusively for reservations by issuers of qualified mortgage bonds, 33.34 percent...
• Texas Section 1372.0231 - Dedication Of Portion Of State Ceiling Available For Qualified Residential Rental Project Bonds
  (a) Until August 15, of that portion of the state ceiling that is available exclusively for reservations by issuers of qualified residential rental project bonds:...
• Texas Section 1372.024 - Increase In Amount Of State Ceiling Available To Issuers Of State-voted Issues
  (a) If, before January 2, applications received for reservations for state-voted issues total more than eight percent of the available state ceiling for that program...
• Texas Section 1372.025 - Reallocation Of State Ceiling On Failure Of Bonds To Qualify As Tax-exempt Obligations
  (a) If a type of bond listed in Section 1372.022(a) does not qualify on January 2 of any year for treatment as a tax-exempt obligation...
• Texas Section 1372.026 - Limitation On Amount Of State Ceiling Available To Housing Finance Corporations
  (a) The maximum amount of the state ceiling that may be reserved before August 15 by a housing finance corporation for the issuance of qualified...
• Texas Section 1372.0261 - Failure Of Housing Finance Corporation To Use Amount Of State Ceiling Allocated
  (a) In this section, "utilization percentage" means that portion of the amount of the state ceiling allocated to a housing finance corporation with respect to...
• Texas Section 1372.027 - Publication Of Available State Ceiling
  The board shall publish at least weekly on its Internet site: (1) a statement of the amount of the available state ceiling; (2) a list...
• Texas Section 1372.028 - Application For Reservation; Form And Content
  (a) In this section, "qualified bond" has the meaning assigned by Section 141(e), Internal Revenue Code (26 U.S.C. Section 141(e)). (b) An issuer may apply...
• Texas Section 1372.0281 - Information Required Of Issuers Of Certain Qualified Student Loan Bonds
  (a) An issuer of qualified student loan bonds authorized by Section 53.47, Education Code, shall provide to the board together with its application for a...
• Texas Section 1372.029 - Applications For Multiple Projects At Same Site Prohibited
  The board may not accept applications for reservations for more than one project located at, or related to, a business operation at a particular site...
• Texas Section 1372.030 - Granting Of Certain Reservations Prohibited; Exceptions
  (a) The board may not grant a reservation to an issuer to whom proceeds are available from other bonds issued by or on behalf of...
• Texas Section 1372.031 - Priorities For Reservations Among Certain Issuers
  (a) Except as provided by Subsection (b) and subject to Sections 1372.0321, 1372.0231, and 1372.035(c), if, on or before October 20, more than one issuer...
• Texas Section 1372.032 - Priorities For Reservations Among Issuers Of Qualified Mortgage Bonds
  (a) If, on or before October 20, more than one housing finance corporation applies for a reservation of the state ceiling for qualified mortgage bonds...
• Texas Section 1372.0321 - Priorities For Reservations Among Issuers Of Qualified Residential Rental Project Issues
  (a) In granting reservations to issuers of qualified residential rental project issues, the board shall give first priority to: (1) projects in which: (A) 50...
• Texas Section 1372.033 - Priorities For Reservations Among Certain Issuers Of Qualified Student Loan Bonds
  (a) In this section: (1) "Qualified nonprofit corporation" has the meaning assigned by Section 53B.02(11), Education Code. (2) "Student loan bond allocation" means the total...
• Texas Section 1372.034 - Order Of Acceptance Of Certain Applications For Reservation
  The board shall accept applications for a reservation submitted after October 20 in the order in which they are received. Added by Acts 1999, 76th...
• Texas Section 1372.035 - Granting Of Reservations; Order
  (a) The board may not grant a reservation of a portion of the state ceiling for a program year before January 2 or after November...
• Texas Section 1372.036 - Reservations From Portion Of State Ceiling Subsequently Becoming Available
  (a) If, before June 1, any portion of the state ceiling in a category described by Section 1372.022(a) from which issuers were granted reservations becomes...
• Texas Section 1372.037 - Limitations On Granting Of Reservations For Individual Projects
  (a) Except as provided by Subsection (b), before August 15 the board may not grant for any single project a reservation for that year that...
• Texas Section 1372.038 - Reservation Date
  The reservation date for an issue is the date on which the board notifies an issuer whose application for the reservation has been accepted for...
• Texas Section 1372.039 - Certification Required Of Issuer; Cancellation On Failure
  (a) Not later than the 35th day after an issuer's reservation date, the issuer shall submit to the board: (1) a certificate signed by an...
• Texas Section 1372.040 - Reservation By Certain Issuers Of Qualified Mortgage Bonds Of Money For Mortgages For Certain Persons
  An issuer of qualified mortgage bonds, other than the Texas Department of Housing and Community Affairs or the Texas State Affordable Housing Corporation, shall reserve...
• Texas Section 1372.041 - Refusal To Accept Reservation By Issuer
  (a) An issuer may: (1) refuse to accept a reservation if the amount of state ceiling available is less than the amount for which the...
• Texas Section 1372.042 - Deadline For Closing On Bonds By Issuer
  (a) An issuer other than an issuer of qualified residential rental project bonds, an issuer of state-voted issues, or an issuer of qualified mortgage bonds...
• Texas Section 1372.043 - Cancellation Of Reservation On Issuer's Failure To Timely Close On Bonds
  If an issuer does not close on the issuer's bonds as required by Section 1372.042: (1) the reservation for the issue is canceled; and (2)...
• Texas Section 1372.044 - Assignment Of Reservation
  A reservation may be assigned only between a governmental unit and an issuer that is authorized to issue private activity bonds on behalf of that...

SUBCHAPTER C CARRYFORWARD OF STATE CEILING

• Texas Section 1372.045 - Reservation, Allocation, And Carryforward Designation By Board Of Additional State Ceiling
  (a) The board is authorized to establish and administer programs for the reservation, allocation, and carryforward designation of additional state ceiling in accordance with the...
• Texas Section 1372.061 - Designation By Board Of Certain Amounts Of State Ceiling As Carryforward
  (a) The board may designate as carryforward: (1) the amount of the state ceiling that is not reserved before December 15; and (2) any amount...
• Texas Section 1372.062 - Priority Classifications Of Carryforward Designations
  (a) The board shall: (1) designate amounts as carryforward in accordance with the system of priority classifications specified in Sections 1372.063-1372.068; and (2) in each...
• Texas Section 1372.063 - Priority 1 Carryforward Classification
  The priority 1 carryforward classification applies to: (1) an issuer of a state-voted issue; and (2) a state agency, other than an issuer of a...
• Texas Section 1372.064 - Priority 2 Carryforward Classification
  The priority 2 carryforward classification applies to an issuer of bonds approved by the voters of a political subdivision of this state if: (1) the...
• Texas Section 1372.065 - Priority 3 Carryforward Classification
  The priority 3 carryforward classification applies to: (1) a state agency, other than an issuer of a state-voted issue; and (2) a political subdivision whose...
• Texas Section 1372.066 - Priority 4 Carryforward Classification
  (a) The priority 4 carryforward classification applies to any political subdivision: (1) that is authorized to issue bonds; and (2) to which priority carryforward classifications...
• Texas Section 1372.067 - Priority 5 Carryforward Classification
  (a) The priority 5 carryforward classification applies to an issuer that: (1) was created to act on behalf of this state or one or more...
• Texas Section 1372.068 - Priority 6 Carryforward Classification
  The priority 6 carryforward classification applies to an issuer that: (1) was created to act on behalf of this state or one or more political...
• Texas Section 1372.069 - Application For Carryforward Designation; Limitations
  (a) An issuer may apply for a carryforward designation at any time during the year in which the designation is sought. (b) An issuer that...
• Texas Section 1372.070 - Form And Contents Of Application For Carryforward Application
  An application for a carryforward designation must: (1) be on a form prescribed by the board; (2) be signed by a member or officer of...
• Texas Section 1372.071 - Action On Application For Carryforward Designation
  On receipt of an application for a carryforward designation, the board shall: (1) determine whether the application complies with the requirements of this chapter and...
• Texas Section 1372.072 - Amendment Or Withdrawal Of Application For Carryforward Designation
  (a) An issuer may amend or withdraw an application for a carryforward designation by submitting to the board a notice of the amendment or withdrawal....

SUBCHAPTER D ALLOCATION OF MISCELLANEOUS BOND CEILING

• Texas Section 1372.073 - Designation By Board Of Unencumbered State Ceiling
  Notwithstanding any other provision of this chapter, the board on the last business day of the year may assign as carryforward to state agencies at...
• Texas Section 1372.101 - Program Administration
  (a) The applicable official may designate bonds as entitled to a portion of a miscellaneous bond ceiling or allocate a portion of a miscellaneous bond...
• Texas Section 1372.102 - Rules And Procedures
  (a) Unless otherwise provided by law, the board may adopt rules and procedures the board considers necessary to effectively administer programs established by the applicable...
• Texas Section 1372.103 - Application Fees
  In connection with programs established by the applicable official for the allocation of a miscellaneous bond ceiling or the designation of bonds entitled to the...

Last modified: September 28, 2016