Sec. 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 authorized representative of the issuer that certifies the principal amount of the bonds to be issued; and
(2) a list of finance team members and their addresses and telephone numbers.
(b) If the principal amount certified by the issuer is less than the amount stated in the issuer's application for the reservation, the amount of the issuer's reservation is reduced to the amount certified.
(c) If an issuer does not submit the documents as required by this section and the fee as required by Section 1372.006(d)(1):
(1) the reservation is canceled; and
(2) from the reservation date of the canceled reservation until the expiration of the applicable period described by Section 1372.042(a) or (b):
(A) no issuer may submit an application for a reservation for the same project; and
(B) the issuer is eligible for a carryforward designation for the project only as provided by Subchapter C.
(d) If an issuer does not submit the documents during the period provided by Subsection (a), the issuer may submit the documents not later than the third day after the end of the 35-day period together with a statement and evidence regarding extenuating circumstances that prevented a timely filing. The board shall review the statement and the evidence and may, based on the statement and evidence, permit the late filing.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1329, Sec. 14, eff. Sept. 1, 2003.
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