1 | 1 | | S.B. No. 2064 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the issuance of state and local government securities, |
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6 | 6 | | including the powers and duties of the Bond Review Board and the |
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7 | 7 | | issuance of private activity bonds. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 1231.062, Government Code, is amended by |
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10 | 10 | | amending Subsection (a) and adding Subsection (d) to read as |
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11 | 11 | | follows: |
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12 | 12 | | (a) Not later than December [October] 31 of each |
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13 | 13 | | even-numbered year, the board shall submit to the legislature a |
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14 | 14 | | statistical report relating to: |
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15 | 15 | | (1) state securities; and |
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16 | 16 | | (2) bonds and other debt obligations issued by local |
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17 | 17 | | governments. |
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18 | 18 | | (d) The board may enter into a contract for the procurement |
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19 | 19 | | of services related to the collection and maintenance of |
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20 | 20 | | information on the indebtedness of local governments and state |
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21 | 21 | | agencies necessary to prepare the statistical report. |
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22 | 22 | | SECTION 2. Subsection (c), Section 1231.063, Government |
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23 | 23 | | Code, is amended to read as follows: |
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24 | 24 | | (c) Not later than February 15 [December 1] of each year, |
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25 | 25 | | the board shall submit the annual study to: |
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26 | 26 | | (1) the governor; |
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27 | 27 | | (2) the comptroller; |
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28 | 28 | | (3) the presiding officer of each house of the |
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29 | 29 | | legislature; and |
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30 | 30 | | (4) the Senate Committee on Finance and House |
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31 | 31 | | Appropriations Committee. |
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32 | 32 | | SECTION 3. The heading to Chapter 1372, Government Code, is |
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33 | 33 | | amended to read as follows: |
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34 | 34 | | CHAPTER 1372. PRIVATE ACTIVITY BONDS AND CERTAIN OTHER BONDS |
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35 | 35 | | SECTION 4. Section 1372.001, Government Code, is amended by |
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36 | 36 | | amending Subdivisions (1) and (2) and adding Subdivisions (1-a), |
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37 | 37 | | (1-b), (4-a), and (8-a) to read as follows: |
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38 | 38 | | (1) "Additional state ceiling" means authorization |
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39 | 39 | | under federal law for the issuance of bonds that are tax-exempt |
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40 | 40 | | private activity bonds subject to the limits imposed by Section |
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41 | 41 | | 146, Internal Revenue Code (26 U.S.C. Section 146), in an amount in |
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42 | 42 | | addition to the state ceiling, including the additional tax-exempt |
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43 | 43 | | private activity bonds authorized by Section 3021 of the Housing |
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44 | 44 | | and Economic Recovery Act of 2008 (Pub. L. No. 110-289). |
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45 | 45 | | (1-a) "Applicable official" means the state official |
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46 | 46 | | or state agency designated by federal law to allocate a |
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47 | 47 | | miscellaneous bond ceiling or designate bonds entitled to the |
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48 | 48 | | federal subsidy limited by a miscellaneous bond ceiling or, in the |
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49 | 49 | | absence of designation by federal law, the governor. |
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50 | 50 | | (1-b) "Board" means the Bond Review Board. |
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51 | 51 | | (2) "Bonds" means all obligations, including bonds, |
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52 | 52 | | certificates, or notes, that are: |
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53 | 53 | | (A) authorized to be issued by: |
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54 | 54 | | (i) the constitution or a statute of this |
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55 | 55 | | state; or |
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56 | 56 | | (ii) the charter of a home-rule |
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57 | 57 | | municipality; and |
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58 | 58 | | (B) either: |
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59 | 59 | | (i) subject to the limitations of Section |
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60 | 60 | | 146, Internal Revenue Code (26 U.S.C. Section 146); or |
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61 | 61 | | (ii) with respect to Subchapter D, |
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62 | 62 | | otherwise entitled to a federal subsidy only if designated for the |
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63 | 63 | | exemption, credit, or other subsidy, or allocated a portion of a |
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64 | 64 | | limited amount of obligations for which the exemption, credit, or |
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65 | 65 | | other subsidy is authorized, by this state or an applicable |
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66 | 66 | | official or by an issuer to which this state or the applicable |
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67 | 67 | | official has made an allocation, including exemptions, credits, and |
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68 | 68 | | other subsidies authorized by: |
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69 | 69 | | (a) the Heartland Disaster Tax Relief |
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70 | 70 | | Act of 2008 (Pub. L. No. 110-343), regarding Hurricane Ike disaster |
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71 | 71 | | area bonds; |
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72 | 72 | | (b) the American Recovery and |
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73 | 73 | | Reinvestment Act of 2009 (Pub. L. No. 111-5); or |
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74 | 74 | | (c) any other federal law authorizing |
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75 | 75 | | a federal subsidy. |
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76 | 76 | | (4-a) "Federal subsidy" means an exclusion of interest |
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77 | 77 | | on a bond from gross income for federal income tax purposes, a |
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78 | 78 | | federal income tax credit associated with a bond, a direct federal |
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79 | 79 | | subsidy of interest on a bond, or any other federally authorized |
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80 | 80 | | financial benefit associated with a bond. |
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81 | 81 | | (8-a) "Miscellaneous bond ceiling" means the maximum |
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82 | 82 | | amount of bonds of any type that may be issued by issuers in this |
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83 | 83 | | state during a calendar year, or cumulatively, that are entitled to |
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84 | 84 | | a federal subsidy only if designated for the federal subsidy, or |
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85 | 85 | | allocated a portion of a limited amount of bonds other than bonds |
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86 | 86 | | subject to the limits imposed by Section 146, Internal Revenue Code |
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87 | 87 | | (26 U.S.C. Section 146), for which the federal subsidy is |
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88 | 88 | | authorized, by: |
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89 | 89 | | (A) this state or the applicable official; or |
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90 | 90 | | (B) an issuer to which this state or the |
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91 | 91 | | applicable official has made an allocation. |
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92 | 92 | | SECTION 5. Section 1372.002, Government Code, is amended by |
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93 | 93 | | amending Subsection (a) and adding Subsection (e) to read as |
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94 | 94 | | follows: |
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95 | 95 | | (a) For purposes of this chapter, a project is: |
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96 | 96 | | (1) an eligible facility or facilities that are |
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97 | 97 | | proposed to be financed, in whole or in part, by an issue of |
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98 | 98 | | qualified residential rental project bonds; |
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99 | 99 | | (2) in connection with an issue of qualified mortgage |
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100 | 100 | | bonds or qualified student loan bonds, the providing of financial |
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101 | 101 | | assistance to qualified mortgagors or students located in all or |
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102 | 102 | | any part of the jurisdiction of the issuer; or |
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103 | 103 | | (3) an eligible facility or facilities that are [is] |
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104 | 104 | | proposed to be financed, in whole or in part, by an issue of bonds |
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105 | 105 | | other than bonds described by Subdivision (1) or (2). |
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106 | 106 | | (e) For purposes of Subsection (a)(3), and only for |
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107 | 107 | | applications for the financing of sewage facilities, solid waste |
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108 | 108 | | disposal facilities, and qualified hazardous waste facilities, an |
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109 | 109 | | application under this chapter may include multiple facilities in |
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110 | 110 | | multiple jurisdictions. In such an application, the number of |
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111 | 111 | | facilities may be reduced as needed without affecting their status |
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112 | 112 | | as a project for purposes of the application. |
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113 | 113 | | SECTION 6. Subsection (a), Section 1372.006, Government |
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114 | 114 | | Code, is amended to read as follows: |
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115 | 115 | | (a) An application for a reservation under Subchapter B or a |
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116 | 116 | | carryforward designation under Subchapter C must be accompanied by |
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117 | 117 | | a nonrefundable fee in the amount of $500, except that: |
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118 | 118 | | (1) for projects that include multiple facilities |
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119 | 119 | | authorized under Section 1372.002(e), the application must be |
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120 | 120 | | accompanied by a nonrefundable fee in an amount of $500 for each |
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121 | 121 | | facility included in the application for the project; and |
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122 | 122 | | (2) for issuers of qualified residential rental |
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123 | 123 | | project bonds the application must be accompanied by a |
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124 | 124 | | nonrefundable fee of $5,000, of which the board shall retain $1,000 |
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125 | 125 | | to offset the costs of the private activity bond allocation program |
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126 | 126 | | and the administration of that program and of which the board shall |
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127 | 127 | | transfer $4,000 through an interagency agreement to the Texas |
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128 | 128 | | Department of Housing and Community Affairs for use in the |
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129 | 129 | | affordable housing research and information program as provided by |
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130 | 130 | | Section 2306.259. |
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131 | 131 | | SECTION 7. Section 1372.022, Government Code, is amended to |
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132 | 132 | | read as follows: |
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133 | 133 | | Sec. 1372.022. AVAILABILITY OF STATE CEILING TO ISSUERS. |
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134 | 134 | | (a) If the state ceiling is computed on the basis of $75 per capita |
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135 | 135 | | or a greater amount, before August 15 of each year: |
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136 | 136 | | (1) 28.0 percent of the state ceiling is available |
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137 | 137 | | exclusively for reservations by issuers of qualified mortgage |
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138 | 138 | | bonds; |
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139 | 139 | | (2) 8 percent of the state ceiling is available |
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140 | 140 | | exclusively for reservations by issuers of state-voted issues; |
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141 | 141 | | (3) 2.0 percent of the state ceiling is available |
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142 | 142 | | exclusively for reservations by issuers of qualified small issue |
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143 | 143 | | bonds and enterprise zone facility bonds; |
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144 | 144 | | (4) 22.0 percent of the state ceiling is available |
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145 | 145 | | exclusively for reservations by issuers of qualified residential |
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146 | 146 | | rental project bonds; |
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147 | 147 | | (5) 10.5 percent of the state ceiling is available |
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148 | 148 | | exclusively for reservations by issuers of qualified student loan |
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149 | 149 | | bonds authorized by Section 53B.47 [53.47], Education Code, that |
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150 | 150 | | are nonprofit corporations able to issue a qualified scholarship |
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151 | 151 | | funding bond as defined by Section 150(d)(2), Internal Revenue Code |
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152 | 152 | | (26 U.S.C. Section 150(d)(2)); and |
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153 | 153 | | (6) 29.5 percent of the state ceiling is available |
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154 | 154 | | exclusively for reservations by any other issuer of bonds that |
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155 | 155 | | require an allocation. |
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156 | 156 | | (b) On and after August 15 [but before September 1], that |
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157 | 157 | | portion of the state ceiling available for reservations becomes |
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158 | 158 | | available for all applications for reservations in the order |
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159 | 159 | | determined by the board by lot. If all applicants for a reservation |
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160 | 160 | | have been offered a portion of the available state ceiling, then the |
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161 | 161 | | board shall grant reservations in the order in which the |
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162 | 162 | | applications for those reservations are received[, subject to |
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163 | 163 | | Section 1372.0321. On and after September 1, that portion of the |
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164 | 164 | | state ceiling available for reservations becomes available to any |
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165 | 165 | | issuer for any bonds that require an allocation, subject to the |
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166 | 166 | | provisions of this subchapter]. |
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167 | 167 | | SECTION 8. Section 1372.026, Government Code, is amended to |
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168 | 168 | | read as follows: |
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169 | 169 | | Sec. 1372.026. LIMITATION ON AMOUNT OF STATE CEILING |
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170 | 170 | | AVAILABLE TO HOUSING FINANCE CORPORATIONS. (a) The maximum amount |
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171 | 171 | | of the state ceiling that may be reserved before August 15 by a |
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172 | 172 | | housing finance corporation for the issuance of qualified mortgage |
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173 | 173 | | bonds may not exceed the amount computed as follows: |
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174 | 174 | | (1) if the local population of the housing finance |
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175 | 175 | | corporation is 300,000 or more, $36 [$22.5] million plus the |
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176 | 176 | | product of the amount by which the local population exceeds 300,000 |
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177 | 177 | | multiplied by $40 [$11.25]; |
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178 | 178 | | (2) if the local population of the housing finance |
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179 | 179 | | corporation is 200,000 or more but less than 300,000, $32 [$20] |
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180 | 180 | | million plus the product of the amount by which the local population |
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181 | 181 | | exceeds 200,000 multiplied by $40 [$22.5]; |
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182 | 182 | | (3) if the local population of the housing finance |
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183 | 183 | | corporation is 100,000 or more but less than 200,000, $24 [$15] |
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184 | 184 | | million plus the product of the amount by which the local population |
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185 | 185 | | exceeds 100,000 multiplied by $80 [$50]; or |
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186 | 186 | | (4) if the local population of the housing finance |
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187 | 187 | | corporation is less than 100,000, the product of the local |
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188 | 188 | | population multiplied by $240 [$150]. |
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189 | 189 | | (b) A housing finance corporation may not receive an |
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190 | 190 | | allocation for the issuance of qualified mortgage bonds in an |
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191 | 191 | | amount that exceeds $40 [$25] million. |
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192 | 192 | | (c) For purposes of this section, the local population of a |
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193 | 193 | | housing finance corporation is the population of the local |
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194 | 194 | | government or local governments on whose behalf a housing finance |
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195 | 195 | | corporation is created. If two local governments that have a |
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196 | 196 | | population of at least 50,000 [20,000] each and that have |
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197 | 197 | | overlapping territory have created housing finance corporations |
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198 | 198 | | that have the power to issue bonds to provide financing for home |
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199 | 199 | | mortgages, the population of the housing finance corporation |
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200 | 200 | | created on behalf of the larger local government is computed by |
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201 | 201 | | subtracting from the population of the larger local government the |
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202 | 202 | | population of the part of the smaller local government that is |
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203 | 203 | | located in the larger local government. The reduction of |
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204 | 204 | | population provided by this subsection is not required if the |
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205 | 205 | | smaller local government assigns its authority to issue bonds, |
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206 | 206 | | based on its population, to the larger local government. |
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207 | 207 | | SECTION 9. Section 1372.0261, Government Code, is amended |
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208 | 208 | | by amending Subsections (c) and (d) and adding Subsections (e), |
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209 | 209 | | (f), and (g) to read as follows: |
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210 | 210 | | (c) If a housing finance corporation's utilization |
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211 | 211 | | percentage is less than 80 [95] percent but at least 25 percent, the |
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212 | 212 | | next time the corporation becomes eligible for a reservation of the |
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213 | 213 | | state ceiling, the maximum amount of the state ceiling that may be |
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214 | 214 | | reserved for the corporation is equal to the amount for which the |
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215 | 215 | | corporation would otherwise be eligible under Section 1372.026 |
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216 | 216 | | multiplied by the utilization percentage of the corporation's last |
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217 | 217 | | bond issue that used an allocation of the state ceiling. |
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218 | 218 | | (d) A housing finance corporation may not be penalized under |
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219 | 219 | | Subsection (c) if: |
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220 | 220 | | (1) the corporation fails to use: |
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221 | 221 | | (A) bond proceeds recycled from previous |
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222 | 222 | | allocations of the state ceiling; or |
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223 | 223 | | (B) taxable bond proceeds; or |
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224 | 224 | | (2) as the result of an issuance of bonds, the |
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225 | 225 | | corporation's utilization percentage is 80 [95] percent or greater. |
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226 | 226 | | (e) If a housing finance corporation's utilization |
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227 | 227 | | percentage is less than 25 percent, the next time the corporation |
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228 | 228 | | becomes eligible for a reservation of the state ceiling, the |
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229 | 229 | | maximum amount of the state ceiling that may be reserved for the |
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230 | 230 | | corporation is equal to the amount for which the corporation would |
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231 | 231 | | otherwise be eligible under Section 1372.026 multiplied by 25 |
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232 | 232 | | percent. |
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233 | 233 | | (f) A housing finance corporation may not be penalized under |
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234 | 234 | | Subsection (c) in a program year if, by December 31 of the preceding |
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235 | 235 | | program year, an amount equal to or less than 50 percent of the |
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236 | 236 | | aggregate state ceiling available for reservations by issuers of |
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237 | 237 | | qualified mortgage bonds under Section 1372.022(a)(1): |
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238 | 238 | | (1) has been used in connection with bond issues that |
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239 | 239 | | have closed on or before that date; or |
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240 | 240 | | (2) has had carryforward elections filed on or before |
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241 | 241 | | that date. |
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242 | 242 | | (g) An issuer that has carryforward available from the state |
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243 | 243 | | ceiling created by the Housing and Economic Recovery Act of 2008 |
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244 | 244 | | (Pub. L. No. 110-289) is not restricted by project limits for the |
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245 | 245 | | state ceiling. An issuer who uses the carryforward to issue |
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246 | 246 | | qualified mortgage bonds or mortgage credit certificates is not |
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247 | 247 | | subject to the utilization percentage calculation in determining |
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248 | 248 | | the amount of the issuer's reservation request. |
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249 | 249 | | SECTION 10. Subsection (b), Section 1372.028, Government |
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250 | 250 | | Code, is amended to read as follows: |
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251 | 251 | | (b) An issuer may apply for a reservation for a program year |
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252 | 252 | | not earlier than October 5 of the preceding year. An issuer may not |
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253 | 253 | | submit an application for a program year after November 15 |
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254 | 254 | | [December 1] of that year. |
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255 | 255 | | SECTION 11. Subsection (a), Section 1372.035, Government |
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256 | 256 | | Code, is amended to read as follows: |
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257 | 257 | | (a) The board may not grant a reservation of a portion of the |
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258 | 258 | | state ceiling for a program year before January 2 or after November |
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259 | 259 | | 15 [December 1] of that year. |
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260 | 260 | | SECTION 12. Subsection (a), Section 1372.037, Government |
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261 | 261 | | Code, is amended to read as follows: |
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262 | 262 | | (a) Except as provided by Subsection (b), before August 15 |
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263 | 263 | | the board may not grant for any single project a reservation for |
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264 | 264 | | that year that is greater than: |
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265 | 265 | | (1) $40 [$25] million, if the issuer is an issuer of |
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266 | 266 | | qualified mortgage bonds, other than the Texas Department of |
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267 | 267 | | Housing and Community Affairs or the Texas State Affordable Housing |
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268 | 268 | | Corporation; |
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269 | 269 | | (2) $50 million, if the issuer is an issuer of a |
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270 | 270 | | state-voted issue, other than the Texas Higher Education |
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271 | 271 | | Coordinating Board, or $75 million, if the issuer is the Texas |
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272 | 272 | | Higher Education Coordinating Board; |
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273 | 273 | | (3) the amount to which the Internal Revenue Code |
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274 | 274 | | limits issuers of qualified small issue bonds and enterprise zone |
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275 | 275 | | facility bonds, if the issuer is an issuer of those bonds; |
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276 | 276 | | (4) the lesser of $20 [$15] million or 15 percent of |
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277 | 277 | | the amount set aside for reservation by issuers of qualified |
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278 | 278 | | residential rental project bonds, if the issuer is an issuer of |
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279 | 279 | | those bonds; |
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280 | 280 | | (5) the amount as prescribed in Sections 1372.033(d), |
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281 | 281 | | (e), and (f), if the issuer is an issuer authorized by Section |
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282 | 282 | | 53B.47 [53.47], Education Code, to issue qualified student loan |
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283 | 283 | | bonds; or |
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284 | 284 | | (6) $50 million, if the issuer is any other issuer of |
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285 | 285 | | bonds that require an allocation. |
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286 | 286 | | SECTION 13. Section 1372.042, Government Code, is amended |
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287 | 287 | | by adding Subsection (e) to read as follows: |
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288 | 288 | | (e) In addition to any other fees required by this chapter, |
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289 | 289 | | an issuer shall submit to the board a nonrefundable fee in the |
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290 | 290 | | amount of $500 before receiving a carryforward designation under |
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291 | 291 | | Subsection (c). |
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292 | 292 | | SECTION 14. Subchapter B, Chapter 1372, Government Code, is |
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293 | 293 | | amended by adding Section 1372.045 to read as follows: |
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294 | 294 | | Sec. 1372.045. RESERVATION, ALLOCATION, AND CARRYFORWARD |
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295 | 295 | | DESIGNATION BY BOARD OF ADDITIONAL STATE CEILING. (a) The board |
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296 | 296 | | is authorized to establish and administer programs for the |
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297 | 297 | | reservation, allocation, and carryforward designation of |
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298 | 298 | | additional state ceiling in accordance with the federal law that |
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299 | 299 | | establishes the additional state ceiling and, to the extent |
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300 | 300 | | consistent with the federal law, as the board determines will |
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301 | 301 | | achieve the purposes for which the additional state ceiling is |
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302 | 302 | | authorized by federal law. |
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303 | 303 | | (b) The board may adopt rules and procedures the board |
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304 | 304 | | considers necessary to effectively administer programs authorized |
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305 | 305 | | under this section. |
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306 | 306 | | (c) The board may prescribe forms and applications as needed |
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307 | 307 | | to effectively implement and administer programs authorized under |
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308 | 308 | | this section. |
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309 | 309 | | (d) The board may adopt emergency rules in connection with |
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310 | 310 | | the programs authorized under this section when the board |
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311 | 311 | | determines that the emergency rules are necessary for the state to |
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312 | 312 | | obtain the full benefits of the additional state ceiling. |
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313 | 313 | | SECTION 15. Subchapter C, Chapter 1372, Government Code, is |
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314 | 314 | | amended by adding Section 1372.073 to read as follows: |
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315 | 315 | | Sec. 1372.073. DESIGNATION BY BOARD OF UNENCUMBERED STATE |
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316 | 316 | | CEILING. Notwithstanding any other provision of this chapter, the |
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317 | 317 | | board on the last business day of the year may assign as |
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318 | 318 | | carryforward to state agencies at their request and in the order |
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319 | 319 | | received any state ceiling that is not reserved or designated as |
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320 | 320 | | carryforward and for which no application for carryforward is |
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321 | 321 | | pending. |
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322 | 322 | | SECTION 16. Chapter 1372, Government Code, is amended by |
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323 | 323 | | adding Subchapter D to read as follows: |
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324 | 324 | | SUBCHAPTER D. ALLOCATION OF MISCELLANEOUS BOND CEILING |
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325 | 325 | | Sec. 1372.101. PROGRAM ADMINISTRATION. (a) The |
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326 | 326 | | applicable official may designate bonds as entitled to a portion of |
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327 | 327 | | a miscellaneous bond ceiling or allocate a portion of a |
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328 | 328 | | miscellaneous bond ceiling to an issuer of bonds: |
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329 | 329 | | (1) in accordance with the federal law that |
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330 | 330 | | establishes the federal subsidy for which the miscellaneous bond |
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331 | 331 | | ceiling is established; and |
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332 | 332 | | (2) to the extent consistent with the federal law, as |
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333 | 333 | | the applicable official determines will achieve the purposes for |
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334 | 334 | | which the federal subsidy is authorized by federal law. |
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335 | 335 | | (b) The board is authorized to administer programs |
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336 | 336 | | established by the applicable official for the allocation of a |
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337 | 337 | | miscellaneous bond ceiling or the designation of bonds entitled to |
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338 | 338 | | the federal subsidy limited by a miscellaneous bond ceiling. |
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339 | 339 | | Sec. 1372.102. RULES AND PROCEDURES. (a) Unless otherwise |
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340 | 340 | | provided by law, the board may adopt rules and procedures the board |
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341 | 341 | | considers necessary to effectively administer programs established |
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342 | 342 | | by the applicable official for allocation of a miscellaneous bond |
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343 | 343 | | ceiling or for designating bonds as entitled to the federal subsidy |
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344 | 344 | | limited by the miscellaneous bond ceiling. |
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345 | 345 | | (b) The board may adopt emergency rules in connection with |
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346 | 346 | | the programs described in Subsection (a) when the board determines |
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347 | 347 | | that the emergency rules are necessary for the state to obtain the |
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348 | 348 | | full benefits of the federal subsidy that is limited by the |
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349 | 349 | | miscellaneous bond ceiling. |
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350 | 350 | | (c) The board may prescribe forms and applications as needed |
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351 | 351 | | to effectively implement and administer programs described in |
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352 | 352 | | Subsection (a). |
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353 | 353 | | (d) This section does not prevent an applicable official |
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354 | 354 | | from adopting rules and procedures in connection with the |
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355 | 355 | | allocations and designations when required by federal or state law |
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356 | 356 | | or from administering a program independently of the board. |
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357 | 357 | | Sec. 1372.103. APPLICATION FEES. In connection with |
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358 | 358 | | programs established by the applicable official for the allocation |
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359 | 359 | | of a miscellaneous bond ceiling or the designation of bonds |
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360 | 360 | | entitled to the federal subsidy limited by a miscellaneous bond |
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361 | 361 | | ceiling, the board may charge an application fee for each |
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362 | 362 | | application it receives under this subchapter. |
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363 | 363 | | SECTION 17. Section 1372.0235, Government Code, is |
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364 | 364 | | repealed. |
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365 | 365 | | SECTION 18. Subsection (a), Section 2306.6703, Government |
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366 | 366 | | Code, is amended to read as follows: |
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367 | 367 | | (a) An application is ineligible for consideration under |
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368 | 368 | | the low income housing tax credit program if: |
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369 | 369 | | (1) at the time of application or at any time during |
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370 | 370 | | the two-year period preceding the date the application round |
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371 | 371 | | begins, the applicant or a related party is or has been: |
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372 | 372 | | (A) a member of the board; or |
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373 | 373 | | (B) the director, a deputy director, the director |
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374 | 374 | | of housing programs, the director of compliance, the director of |
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375 | 375 | | underwriting, or the low income housing tax credit program manager |
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376 | 376 | | employed by the department; |
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377 | 377 | | (2) the applicant proposes to replace in less than 15 |
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378 | 378 | | years any private activity bond financing of the development |
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379 | 379 | | described by the application, unless: |
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380 | 380 | | (A) at least one-third of all the units in the |
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381 | 381 | | development are public housing units or Section 8 project-based |
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382 | 382 | | units and the applicant proposes to maintain for a period of 30 |
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383 | 383 | | years or more 100 percent of the [development] units supported by |
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384 | 384 | | housing tax credits as rent-restricted and exclusively for |
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385 | 385 | | occupancy by individuals and families earning not more than 50 |
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386 | 386 | | percent of the area median income, adjusted for family size[; and |
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387 | 387 | | [(B) at least one-third of all the units in the |
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388 | 388 | | development are public housing units or Section 8 project-based |
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389 | 389 | | units]; |
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390 | 390 | | (B) the applicable private activity bonds will be |
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391 | 391 | | redeemed only in an amount consistent with their proportionate |
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392 | 392 | | amortization; or |
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393 | 393 | | (C) if the redemption of the applicable private |
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394 | 394 | | activity bonds will occur in the first five years of the operation |
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395 | 395 | | of the development and complies with Section 42(h)(4), Internal |
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396 | 396 | | Revenue Code of 1986: |
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397 | 397 | | (i) on the date the certificate of |
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398 | 398 | | reservation is issued, the Bond Review Board determines that there |
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399 | 399 | | is not a waiting list for private activity bonds in the same |
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400 | 400 | | priority level established under Section 1372.0321 or, if |
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401 | 401 | | applicable, in the same uniform state service region, as referenced |
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402 | 402 | | in Section 1372.0231, that is served by the proposed development; |
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403 | 403 | | and |
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404 | 404 | | (ii) the applicable private activity bonds |
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405 | 405 | | will be redeemed according to underwriting criteria, if any, |
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406 | 406 | | established by the department; |
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407 | 407 | | (3) the applicant proposes to construct a new |
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408 | 408 | | development that is located one linear mile or less from a |
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409 | 409 | | development that: |
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410 | 410 | | (A) serves the same type of household as the new |
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411 | 411 | | development, regardless of whether the developments serve |
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412 | 412 | | families, elderly individuals, or another type of household; |
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413 | 413 | | (B) has received an allocation of housing tax |
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414 | 414 | | credits for new construction at any time during the three-year |
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415 | 415 | | period preceding the date the application round begins; and |
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416 | 416 | | (C) has not been withdrawn or terminated from the |
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417 | 417 | | low income housing tax credit program; or |
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418 | 418 | | (4) the development is located in a municipality or, |
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419 | 419 | | if located outside a municipality, a county that has more than twice |
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420 | 420 | | the state average of units per capita supported by housing tax |
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421 | 421 | | credits or private activity bonds, unless the applicant: |
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422 | 422 | | (A) has obtained prior approval of the |
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423 | 423 | | development from the governing body of the appropriate municipality |
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424 | 424 | | or county containing the development; and |
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425 | 425 | | (B) has included in the application a written |
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426 | 426 | | statement of support from that governing body referencing this |
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427 | 427 | | section and authorizing an allocation of housing tax credits for |
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428 | 428 | | the development. |
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429 | 429 | | SECTION 19. (a) In this section, "additional state |
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430 | 430 | | ceiling," "applicable official," and "miscellaneous bond ceiling" |
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431 | 431 | | have the meanings assigned by Section 1372.001, Government Code, as |
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432 | 432 | | amended by this Act. |
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433 | 433 | | (b) All reservations, allocations, and carryforward |
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434 | 434 | | designations by the Bond Review Board of additional state ceiling |
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435 | 435 | | authorized by Section 3021 of the Housing and Economic Recovery Act |
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436 | 436 | | of 2008 (Pub. L. No. 110-289), and by applicable officials of |
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437 | 437 | | miscellaneous bond ceiling authorized by the Heartland Disaster Tax |
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438 | 438 | | Relief Act of 2008 (Pub. L. No. 110-343), regarding Hurricane Ike |
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439 | 439 | | disaster area bonds, or by the American Recovery and Reinvestment |
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440 | 440 | | Act of 2009 (Pub. L. No. 111-5), before the effective date of this |
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441 | 441 | | Act are validated. |
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442 | 442 | | (c) An issuer that has carryforward available from |
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443 | 443 | | additional state ceiling authorized by the Housing and Economic |
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444 | 444 | | Recovery Act of 2008 (Pub. L. No. 110-289) is not restricted by the |
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445 | 445 | | project limits for the state ceiling established by Chapter 1372, |
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446 | 446 | | Government Code. An issuer that uses the carryforward to issue |
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447 | 447 | | qualified mortgage bonds or mortgage credit certificates is not |
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448 | 448 | | subject to the utilization percentage calculation established by |
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449 | 449 | | Chapter 1372, Government Code, in determining the amount of the |
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450 | 450 | | issuer's reservation request. |
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451 | 451 | | SECTION 20. This Act takes effect immediately if it |
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452 | 452 | | receives a vote of two-thirds of all the members elected to each |
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453 | 453 | | house, as provided by Section 39, Article III, Texas Constitution. |
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454 | 454 | | If this Act does not receive the vote necessary for immediate |
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455 | 455 | | effect, this Act takes effect September 1, 2009. |
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456 | 456 | | ______________________________ ______________________________ |
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457 | 457 | | President of the Senate Speaker of the House |
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458 | 458 | | I hereby certify that S.B. No. 2064 passed the Senate on |
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459 | 459 | | May 7, 2009, by the following vote: Yeas 31, Nays 0; and that the |
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460 | 460 | | Senate concurred in House amendment on May 30, 2009, by the |
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461 | 461 | | following vote: Yeas 31, Nays 0. |
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462 | 462 | | ______________________________ |
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463 | 463 | | Secretary of the Senate |
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464 | 464 | | I hereby certify that S.B. No. 2064 passed the House, with |
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465 | 465 | | amendment, on May 27, 2009, by the following vote: Yeas 146, |
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466 | 466 | | Nays 2, one present not voting. |
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467 | 467 | | ______________________________ |
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468 | 468 | | Chief Clerk of the House |
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469 | 469 | | Approved: |
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470 | 470 | | ______________________________ |
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471 | 471 | | Date |
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472 | 472 | | ______________________________ |
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473 | 473 | | Governor |
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