(a) Introduction. Pursuant to the authority granted
by the Texas Government Code, Chapter 481, as amended, and the Administrative
Procedure Act, Texas Government Code, Chapter 2001, Subchapter B,
Rulemaking, as amended, the Economic Development and Tourism Office
in the Office of the Governor (Office) prescribes the following rules
regarding practice and procedure applicable to economic development
corporations established pursuant to the Texas Local Government Code,
Chapter 504 and Chapter 505, as amended. The rules relate to loans
made to economic development corporations under the Office's Texas
Leverage Fund Program.
(b) Authority.
(1) Pursuant to the provisions of the Constitution
of the State of Texas, Article III, §52-a, adopted by the voters
of the State of Texas on November 3, 1987, and the Texas Government
Code, Chapter 481, as amended, the Office, an agency of the State
of Texas, is authorized to provide for the issuance of revenue bonds
or notes for the purpose of providing money to fund economic development
programs.
(2) The Office adopted a Master Resolution as of September
9, 1992, establishing a $300,000,000 Taxable Commercial Paper Note
Program Series A for the purpose of providing money to establish certain
Office loan programs. By First Supplemental Resolution dated as of
September 9, 1992, the Office authorized the issuance of $25,000,000
in aggregate principal amount at any one time outstanding of its Taxable
Commercial Paper Notes Series A to fund economic development programs.
(c) Delegation of authority to executive director.
Pursuant to the Texas Government Code, §481.075(a) and the Master
Resolution, the Office has delegated to the executive director, or
his/her designee, the authority to approve each loan made under the
Texas Leverage Fund Program. Further, the Office delegated to the
executive director, or his/her designee, all necessary authority in
regard to collection, settlement and enforcement of each and every
loan approved and funded under this program.
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Source Note: The provisions of this §181.1 adopted to be effective March 27, 1997, 22 TexReg 2871; amended to be effective December 10, 2001, 26 TexReg 10054; amended to be effective August 5, 2012, 37 TexReg 5730 |