<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §190.4Filing Requirements for Applications for Carryforward

(a) Form. Applications must be filed on forms prescribed by the board and must contain all information and documentation required under the Act and this chapter, as applicable.

(b) Filing. The issuer shall submit one electronic copy or one original application for carryforward.

(c) Fee. The fee required by Government Code §1372.006(e) must be paid not later than the fifth business day following the date of receipt of the certificate of carryforward designation.

(d) Additional Information. The board may require additional information at any time before granting a certificate of carryforward.

(e) Closing documents. Not later than the fifth business day after the day on which the bonds are closed the issuer shall file with the board:

  (1) a closing documents checklist on the form prescribed by the board;

  (2) a certificate of delivery on the form prescribed by the board;

  (3) a certified copy of the bond resolution authorizing the issuance of bonds, and setting forth the specific principal amount of the bond issue and unless the resolution authorizes the issuer to seek an allocation in multiple program years, adopted within 18 months of the application date;

  (4) if one is required, a copy of the approval of the local government unit or local government units, certified by a public official with the authority to certify such approval. This requirement shall not apply to any bonds for which the Code does not require such a public hearing and approval of a local government unit or local government units;

  (5) other documents relating to the issuance of bonds, including a statement of the bonds':

    (A) principal amount;

    (B) interest rate or the formula by which the interest is calculated;

    (C) maturity schedule;

    (D) purchaser or purchasers; and

  (6) an official statement.

(f) Reassignment of carryforward designation--Traditional carryforward can be reassigned by the issuer as described in Government Code §1372.074(a).

(g) Unutilized carryforward designation available after a project closes can be reassigned as described in Government Code §1372.074(c) and subject to the time period allowed by the Code and described in Government Code §1372.061(b).

Source Note: The provisions of this §190.4 adopted to be effective January 3, 1992, 16 TexReg 7646; amended to be effective January 11, 1993, 18 TexReg 65; amended to be effective October 8, 1997, 22 TexReg 9895; amended to be effective October 6, 1999, 24 TexReg 8566; amended to be effective February 27, 2002, 27 TexReg 1338; amended to be effective December 2, 2019, 44 TexReg 7403; amended to be effective October 13, 2021, 46 TexReg 6948

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page