Texas 2019 - 86th Regular

Texas House Bill HB2968 Compare Versions

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11 86R12673 SRA-F
2- By: Frullo, Howard H.B. No. 2968
2+ By: Frullo H.B. No. 2968
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44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to procedures for the issuance of certain private activity
88 bonds.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 1372.024(b), Government Code, is amended
1111 to read as follows:
1212 (b) The amount removed under Subsection (a) may not exceed
1313 10 [eight] percent of the state ceiling.
1414 SECTION 2. Section 1372.037(a), Government Code, is amended
1515 to read as follows:
1616 (a) Except as provided by Subsection (b), before August 15
1717 the board may not grant for any single project a reservation for
1818 that year that is greater than:
1919 (1) $40 million, if the issuer is an issuer of
2020 qualified mortgage bonds, other than the Texas Department of
2121 Housing and Community Affairs or the Texas State Affordable Housing
2222 Corporation;
2323 (2) $100 [$50] million, if the issuer is an issuer of a
2424 state-voted issue, other than the Texas Higher Education
2525 Coordinating Board, or $200 [$75] million, if the issuer is the
2626 Texas Higher Education Coordinating Board;
2727 (3) the amount to which the Internal Revenue Code
2828 limits issuers of qualified small issue bonds and enterprise zone
2929 facility bonds, if the issuer is an issuer of those bonds;
3030 (4) the lesser of $20 million or 15 percent of the
3131 amount set aside for reservation by issuers of qualified
3232 residential rental project bonds, if the issuer is an issuer of
3333 those bonds;
3434 (5) an [the] amount as prescribed by Section [in
3535 Sections] 1372.033(d)[, (e), and (f)], if the issuer is an issuer
3636 authorized by Section 53B.47, Education Code, to issue qualified
3737 student loan bonds; or
3838 (6) $50 million, if the issuer is any other issuer of
3939 bonds that require an allocation.
4040 SECTION 3. Sections 1372.042(b) and (c), Government Code,
4141 are amended to read as follows:
4242 (b) An issuer of state-voted issues or an issuer of
4343 qualified mortgage revenue bonds shall close on the bonds for which
4444 the reservation was granted not later than the 240th [180th] day
4545 after the reservation date.
4646 (c) Notwithstanding Subsections (a), (a-1), and (b), if the
4747 120-day period, the 150-day period, or the 240-day [180-day]
4848 period, as applicable, expires on or after December 24 of the year
4949 in which the reservation was granted, the issuer shall close on the
5050 bonds before December 24, except that if the applicable period
5151 expires after December 31 of that year, the issuer may notify the
5252 board in writing before December 24 of the issuer's election to
5353 carry forward the reservation and of the issuer's expected bond
5454 closing date. In compliance with the requirements of Section
5555 146(f), Internal Revenue Code of 1986, the board shall file in a
5656 timely manner a carryforward election with respect to any bonds
5757 expected to close after December 31 to permit the bonds to close by
5858 the expected date, except that the board may not file the
5959 carryforward election after February 15 of the year following the
6060 year in which the reservation was granted. The grant of the
6161 reservation for the balance of the 120-day period, the 150-day
6262 period, or the 240-day [180-day] period, as applicable, is
6363 automatically and immediately reinstated on the board's filing of a
6464 carryforward election with respect to the reservation.
6565 SECTION 4. This Act takes effect September 1, 2019.