reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter B - APPROVAL OF CITY AND COUNTY GENERAL OBLIGATION BONDS › Section 53.42 - Appropriate Certifications

Current through Reg. 49, No. 28; July 12, 2024
Transcripts for refunding city general obligation bonds
					 should include the appropriate certifications stated in §
										RSA 53.51(17) and
					 (18) of this title (relating to Minimum
					 Requirements for Statutory Compliance).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter C - APPROVAL OF CITY REVENUE BONDS, NOTES, AND WARRANTS › Section 53.51 - Municipal Revenue Bond Elections

Current through Reg. 49, No. 28; July 12, 2024
The following are the minimum requirements for statutory
					 compliance and documentary composition of transcripts prerequisite to approval
					 of municipal revenue bonds.
(1) Where
				  a Texas Civil Statutes, Article 1112, election is applicable.
(A) Minutes excerpt relative to call of
				  election.
(B) Findings;
				  advisability of calling the bond election, etc.
(C) Resolution or ordinance recitals and
				  directions.
(i) Election date: not less than
				  15 nor more than 30 days from date of passage, and designation of polling
				  hours.
(ii) Text of propositions in
				  full, stating purpose, amount, interest rate maximum, sources of revenue for
				  payment of principal and interest, maximum maturity.
(iii) Places of election, election officers,
				  and number of clerks, absentee voting provision with days and hours of
				  polling.
(iv) Election to be held
				  in accordance with Texas Election Code, applicable general laws and laws
				  applicable to the issuance of municipal bonds by such city or town.
(v) Ballot proposition, form and method of
				  voting (paper ballots, etc.).
(vi)
				  Directions for posting and publication of notice.
(D) Notice of election: substantial copy of
				  election order addressed to qualified electors.
(i) Affidavit (or certificate) of posting
				  notice.
(I) Posted in each election precinct
				  and at city hall.
(II) At least 14
				  days prior to election or, if a lesser period, designation of such period and
				  statement of reasons longer notice period cannot be afforded.
(III) Copy of notice attached.
(ii) Affidavit of publication of
				  notice.
(I) Published the same day in two
				  successive weeks, indicating dates published, first publication not less than
				  14 days prior to election date.
(II) Newspaper of general circulation
				  published in the city or, if no newspaper published there, circulated in the
				  city.
(III) Copy of notice as
				  published attached.
(IV) Executed
				  by officer of employee of the newspaper, with job title indicated.
(E) Canvass resolution
				  or ordinance.
(i) Meeting minutes excerpt
				  relative to canvassing.
(ii)
				  Recitation.
(I) All circumstances surrounding
				  calling of election, giving of notice, holding of election and return of
				  ballots, finding all have been legally had and done.
(II) Tabulations of votes.
(iii) Operative provisions.
(I) Election duly and lawfully
				  held.
(II) Result declared and
				  declaration that council, board of aldermen, or commission authorized to issue
				  the described bonds and pledge revenues.
(III) In non-Article 1112 election issues,
				  notice of intention to issue revenue bonds must be furnished in accordance with
				  Texas Civil Statutes, Article 2368a.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter D - APPROVAL OF SCHOOL DISTRICT BONDS › Section 53.61 - School District Tax Bond Elections

Current through Reg. 49, No. 28; July 12, 2024
The following are the minimum requirements for statutory
					 compliance and documentary composition of transcripts prerequisite to approval
					 of school district tax bond issues.
(1) Order calling bond election.
(A) Minutes excerpt relative to call of
				  election.
(B) Order.
(i) Date of election and polling hours,
				  including absentee voting provisions.
(ii) Full text of propositions to be voted
				  upon.
(iii) Voting
				  places.
(iv) Election
				  officers.
(v) Form of ballot and
				  how it is to be marked.
(vi) Copy
				  of election order to be published one time at least 10 days prior to election
				  date.
(vii) Holding of election to
				  be in compliance with the Election Code (or general election laws) of Texas,
				  except as modified by applicable school laws.
(viii) Election officers to make returns of
				  election to the board and ballot boxes delivered to custody of the
				  board.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter D - APPROVAL OF SCHOOL DISTRICT BONDS › Section 53.62 - Certification

Current through Reg. 49, No. 28; July 12, 2024
Every school district transcript must include certification
					 as to whether the Texas Education Code, Chapter 20, local maintenance tax has
					 been adopted by the district electorate.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.71 - Change Orders

Current through Reg. 49, No. 28; July 12, 2024
Certificates may not be authorized or issued to provide for
					 change orders in excess of 25% of any original contract
					 price.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.72 - Increases in Original Contract Price

Current through Reg. 49, No. 28; July 12, 2024
No original contract price may be increased by more than
					 25% (regardless of the intended source of funds to provide for such increase),
					 nor shall any original contract be decreased by more than 25% without the
					 consent of the contractor to such decrease.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.73 - No Cash Sale Notice

Current through Reg. 49, No. 28; July 12, 2024
No notice to bidders pursuant to section 5 is required when
					 certificates are sold for cash.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.74 - Approval and Registration of Cash Sales

Current through Reg. 49, No. 28; July 12, 2024
Only certificates sold for cash will be subject to approval
					 by the attorney general and registration by the Comptroller of Public
					 Accounts.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.75 - Certificates in Exchange for Services or Property

Current through Reg. 49, No. 28; July 12, 2024
Certificates delivered in exchange for services or property
					 that are being refunded pursuant to any law requiring approval of the attorney
					 general and registration by the Comptroller of Public Accounts of said
					 refunding obligations shall be documented and submitted for review in the
					 manner set forth herein.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.76 - Refunding of Certificates in Exchange for Services or Property

Current through Reg. 49, No. 28; July 12, 2024
No refunding of certificates delivered in exchange for
					 services or property will be approved unless said certificates are authorized
					 and issued in substantial compliance with statutory authority and full
					 compliance with any applicable constitutional provisions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.77 - Emergency Approval

Current through Reg. 49, No. 28; July 12, 2024
Certificates will be approved under Texas Civil Statutes,
					 Article 2368a.1, §7(1), (2), and (3), in cases of true emergency only. An
					 emergency must involve a public calamity, a present danger, or unforeseen
					 damage.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.78 - Approval of Certificates

Current through Reg. 49, No. 28; July 12, 2024
Certificates will be approved under Texas Civil Statutes,
					 Article 2368a.1, §7(8), where their amount is not in excess of 25% of
					 those current funds or bond funds committed to the project, and such
					 certificates are necessary in order to provide for deficiency to enable
					 contract award to be made.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.79 - Certificates Payable from Revenues Other Than Taxes

Current through Reg. 49, No. 28; July 12, 2024
Certificates payable solely from revenues other than taxes
					 shall not be considered debt with the meaning of Article XI, §5 and
					 §7, of the Constitution of Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.80 - Limitation of Payment for Certificates Payable from Revenues Other Than Taxes

Current through Reg. 49, No. 28; July 12, 2024
Certificates, and any interest coupons attached thereto,
					 payable solely from revenues other than taxes shall have printed on their faces
					 a statement to the effect that the holder of said obligation shall never have
					 the right to demand payment of said obligation out of any funds raised or to be
					 raised by taxation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.81 - Applicable Statute

Current through Reg. 49, No. 28; July 12, 2024
The provisions of Texas Civil Statutes, Article 709-716,
					 shall be fully applicable to certificates reviewed by the attorney
					 general.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.82 - Other Applicable Rules

Current through Reg. 49, No. 28; July 12, 2024
Generally, all documentation, rules of procedure, and
					 policy regarding approval of general obligation securities, revenue securities
					 or combinations thereof are fully applicable to the approval of
					 certificates.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.83 - Publication of Notice

Current through Reg. 49, No. 28; July 12, 2024
A resolution, ordinance, or order directing publication of
					 notice of intention to issue certificates, when such is required, must be
					 submitted.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.84 - Affidavits of Publication

Current through Reg. 49, No. 28; July 12, 2024
Affidavits of publication stating dates published and
					 newspaper of publication with newspaper clipping attached are required for all
					 published notices regarding certificates.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.85 - Certificate of No Elector Protest

Current through Reg. 49, No. 28; July 12, 2024
Certificates requiring notice of intention to issue
					 pursuant to Texas Civil Statutes must be supported by a certificate from the
					 issuer to the effect that no petition signed by 5.0% of the qualified electors
					 protesting the issuance of the certificates has been
					 presented.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.86 - Authorization for Issuance: Compliance with Specific Provisions

Current through Reg. 49, No. 28; July 12, 2024
Each ordinance or order authorizing the issuance of
					 certificates secured by revenues in lieu of or in combination with taxes shall
					 set out and comply with the specific provisions of the authority for said
					 pledge of revenues.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.87 - Authorization for Issuance: Other Matters

Current through Reg. 49, No. 28; July 12, 2024
Each ordinance or order authorizing the issuance of
					 certificates shall, in addition to matters mentioned in section 9, Article
					 2368a.1, include the matters required generally in connection with the issuance
					 of a general obligation security, revenue security, or combination thereof, as
					 well as any appropriate findings, declarations, or documentation required by
					 section 7.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter E - APPROVAL OF ISSUES OF CERTIFICATES OF OBLIGATION › Section 53.88 - Transcripts of Proceedings: Certificates in Exchange for Services or Property

Current through Reg. 49, No. 28; July 12, 2024
Regarding certificates delivered in exchange for service,
					 or property, the following rules will apply to transcripts of
					 proceedings.
(1) Executed claims and
				  accounts pursuant to section 4 of Article 2368a.1, must be furnished, along
				  with proper documentation of the chain of possession of same, whenever same are
				  funded or exchanged.
(2) A
				  resolution, ordinance, or order directing publication of notice to bidders must
				  be submitted.
(3) An ordinance or
				  order awarding contracts to the lowest responsible bidder, stating the contract
				  amount, naming the contractor, and authorizing execution of the contracts must
				  be submitted.
(4) Executed copies
				  of contracts and payment and performance bonds with supporting power of
				  attorney for each bond, for each contractor, must be submitted.
(5) Each change order must be documented by
				  executed change order and ordinance or order authorizing same, setting out
				  amount of increase or decrease, authorization to execute change order, and
				  method of payment for increases.
(6) An appropriation certificate is required
				  for all amounts to be paid with current funds pursuant to original contract or
				  change order.
(7) Each resolution,
				  ordinance, or order directing delivery of certificates must set out the number
				  of the claim or estimate being paid, the amount owing pursuant to claim or
				  estimate, the amount and specific numbers of certificates to be delivered, the
				  excess, if any, to be carried over or paid with current funds, and supported by
				  executed claim or estimate duly approved by engineer for issuer.
(8) Each delivery of certificates must
				  document the receipt of same and any current funds used in payment of a claim
				  or estimate, as well as all subsequent assignments of certificates.
(9) Each delivery of certificates must be
				  supported by an executed signature identification and no-litigation
				  certificate.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.101 - On-the-Ground Inspection

Current through Reg. 49, No. 28; July 12, 2024
Prior to approval of a transcript for the first bond issue
					 of a district, there must be an on the ground inspection by an assistant
					 attorney general accompanied by bond counsel of the district with an
					 opportunity to interview the majority of all voters in those instances where 10
					 or less resident electors participated in any election confirming the creation
					 of a district, including the initial directors' election, or in any election
					 involving passage of a bond issue. It is the responsibility of bond counsel to
					 insure such an inspection is conducted prior to transcript
					 submission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.102 - Evidence of Voter Qualifications

Current through Reg. 49, No. 28; July 12, 2024
Evidence must be furnished that the voters meet the
					 qualifications required by state law prior to the dates of the election in
					 which they participated.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.103 - Contents of Utility District Transcripts

Current through Reg. 49, No. 28; July 12, 2024
A municipal utility district transcript shall contain the
					 following with respect to its organization.
(1) Consent agreements.
(A) Consent of city to creation of district
				  (certified copy of ordinance or order).
(B) Consent of county, if applicable
				  (certified copy of order).
(i) Petitions for
				  consent and certification as to district location must state whether all or any
				  part of the proposed district is located outside the extraterritorial
				  jurisdiction of a city, identifying by metes and bounds, or by survey name, lot
				  and block number, or by both, such located area and, if so, state the date and
				  file reference of the county wherein such petition was presented to the county
				  commissioners court for its review.
(ii) If no review is made by county
				  commissioners court, or if the court's written opinion on review relative to
				  the district's creation is not submitted to the Texas Water Rights Commission
				  (TWRC) at least 10 days prior to the commission's ordered hearing day on the
				  petition, a certificate of no-filing of such opinion by the secretary of the
				  Texas Water Rights Commission shall be incorporated in transcript.
(iii) If the county has local drainage and
				  flooding standards the Board order or resolution guaranteeing compliance with
				  Texas Water Rights Commission construction requirements shall also assure
				  conformity to such county standards. If the county has not adopted such
				  standards a certification by the board secretary shall so declare.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.104 - Contents of Bond Issue Transcripts

Current through Reg. 49, No. 28; July 12, 2024
The following transcript requirements apply concerning the
					 issuance of bonds.
(1) Order calling
				  bond election.
(2) Affidavit of
				  publication of notice of bond election, clipping attached.
(3) Order canvassing returns and declaring
				  results of bond election.
(4)
				  Affidavit of each voter, as for confirmation and directors' election
				  (supra).
(5) Order or resolution
				  authorizing application to Texas Water Rights Commission for approval of
				  bonds.
(6) Application to TWRC for
				  approval of bonds, properly certified as having been filed with TWRC.
(7) TWRC order approving issuance of
				  bonds.
(8) Evidence of current
				  compliance with specific requirements of TWRC.
(9) Affidavit of publication of notice of
				  bond sale in local newspaper and in publication approved by attorney general,
				  clippings attached.
(10) Copy of
				  official notice of sale and statement.
(11) Orders or resolutions authorizing
				  issuance, sale, and delivery of bonds, which must include name of bond
				  purchasers, sale price, and statement of net effective interest rate.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.105 - Contents of Exclusions of Land Transcripts

Current through Reg. 49, No. 28; July 12, 2024
The following transcript requirements apply with respect to
					 exclusions of land, if any, involved in a proposed issue.
(1) Order calling hearing on question of
				  exclusion, or certified copy of petition requesting hearing.
(2) Order setting time and place for
				  exclusion hearing.
(3) Affidavit of
				  publication of notice of exclusion hearing, clipping attached.
(4) Order excluding land and redefining
				  boundaries, or order denying petition to exclude land.
(5) Certificate of district clerk of county
				  having venue that no suit has been filed to review an order described in
				  subsection (d).
(6) Evidence that
				  copy of order excluding land, etc., has been filed in county deed
				  records.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.106 - Transcript Requirements Applicable to Land Added by Petition

Current through Reg. 49, No. 28; July 12, 2024
The following transcript requirements shall apply with
					 respect to land added by petition, if any, in a proposed bond issue (sections
					 54.711-54.715).
(1) Evidence of city
				  consent, if required.
(2) Petition
				  for addition, properly certified by district's secretary as having been filed
				  on appropriate date.
(3) Evidence
				  of authority for persons signing petition in representative capacity to do so.
				  Representative's affidavit is not acceptable.
(4) Order adding land.
(5) Evidence that petition is filed in county
				  deed records.
(6) TWRC certificate
				  that order adding land has been filed with TWRC (section 54.727).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.107 - Transcript Requirements Applicable to Land Added by Petition of Less Than All Landowners

Current through Reg. 49, No. 28; July 12, 2024
The following transcript requirements shall apply with
					 respect to land added by petition of less than all the landowners in a proposed
					 bond issue (54.717-54.724).
(1) City
				  consent, if required.
(2) Petition
				  for addition (including description of land) properly certified by district's
				  secretary as having been filed on a given date, stating the following:
(A) signed by majority in value of owners of
				  land; or
(B) signed by 50
				  landowners if the number of landowners exceeds 50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.108 - Additional Contents of a Transcript of a Proposed Issue

Current through Reg. 49, No. 28; July 12, 2024
A transcript of a proposed issue should additionally
					 contain the following certificates and documentation.
(1) Engineer's certificate as to probable
				  period of construction.
(2)
				  Engineer's projection.
(3)
				  Certificate of assessed values.
(4)
				  Rate orders.
(5) Incumbency
				  certificate for district's directors and officers for entire period covered by
				  transcript.
(6) Incorporation and
				  boundary certification, specifically mentioning each boundary change by acreage
				  and date.
(7) Certification that
				  latest service rate order contained in transcript has not been amended,
				  supplemented, repealed, or altered.
(8) Nonencumbrance certificate.
(9) Certification with regard to whether all
				  or part of the district lies within the boundaries of a city or
				  extraterritorial jurisdiction of any city.
(10) Certification that all data required by
				  law to be filed with the TWRC has been so filed.
(11) Certification as to outstanding
				  tax-supported debt.
(12) Map of
				  district, certified by registered professional engineer, clearly indicating the
				  boundaries of the district as originally created and all additions thereto and
				  exclusions therefrom.
(13) Copies
				  of all water supply or waste disposal agreements and other joint facilities
				  agreements, as authorized and executed, wherein the district will make or
				  receive capital contributions and which have or will have effect on use of bond
				  proceeds.
(14) Certification as to
				  whether petitions for exclusion of land were filed with secretary of the board
				  of directors prior to bond election.
(15) Certification of compliance with any
				  requirements imposed upon district by consent ordinance of city, if any, having
				  extraterritorial jurisdiction of district.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.109 - Actions by a District's Board of Directors and Any Other Governmental Body

Current through Reg. 49, No. 28; July 12, 2024
Each and every action taken by a district's board of
					 directors and any other governmental body must be accompanied by minute entry
					 indicating attendance, and introduction and adoption of such actions; such
					 actions and minute entries must be certified as true and correct copies of
					 same, on file in such body's official minutes; and all meetings at which such
					 actions have been taken must be certified as having been held in full
					 compliance with Texas Civil Statutes, Article 6252-17, Texas Water Code, §
					 54.109, or both, as applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.110 - Actions Taken by Persons Acting in Representative Capacities

Current through Reg. 49, No. 28; July 12, 2024
All actions taken by persons acting in representative
					 capacities (such as execution and attestation by corporate officers of
					 petitions requesting creation of districts or additions of land to districts)
					 must be supported in the transcript by evidence of authority so to act (such as
					 by corporate resolution authorizing or ratifying any such action by corporate
					 officers).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter F - APPROVAL OF MUNICIPAL UTILITY DISTRICT BONDS › Section 53.111 - Approval of Water District Transcripts

Current through Reg. 49, No. 28; July 12, 2024
The transcript of any water district subject to Chapter 255
					 (House Bill 321) Acts 1975, 64th Legislature, shall not be approved if:
(1) the Texas Water Rights Commission has
				  filed with the attorney general the name of such district as one not in
				  compliance with the Act's requirements relative to filing of audit by such
				  district; and
(2) such district
				  does not obtain and file with the attorney general a certified copy of:
(A) filing of audit as required by the act;
				  and
(B) a letter or certificate
				  issued by authority of the commission indicating that such audit filing is
				  satisfactory to the commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter G - APPROVAL OF POLLUTION CONTROL BONDS AND BONDS ISSUED PURSUANT TO RIVER AUTHORITY SUPPLY CONTRACTS › Section 53.131 - Pollution Control Bond Issue and Waste Disposal Issues

Current through Reg. 49, No. 28; July 12, 2024
The following are the minimum requirements for statutory
					 compliance and documentary composition of transcripts prerequisite to approval
					 of pollution control bond issues and waste disposal issues:
(1) state regulatory agency certifications,
				  as applicable to the particular issue:
(A)
				  Texas Air Control Board;
(B) Texas
				  Water Quality Board;
(C) Texas
				  Water Rights Commission;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter H - APPROVAL OF BONDS ISSUED BY INSTITUTIONS OF HIGHER EDUCATION › Section 53.141 - Bonds Proposed under the Texas Education Code, Section

Current through Reg. 49, No. 28; July 12, 2024
Bonds proposed for issue under Texas Education Code,
					 Chapter 55, Subchapter B, §55.171, must include in the transcript a
					 certified copy of an order or resolution or minute entry of the Coordinating
					 Board, Texas College and University System, showing the board's approval of the
					 specific terms and provisions of said bonds and the pledge for the payment
					 thereof as being in conformance with the board's applicable rules and
					 regulations.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter H - APPROVAL OF BONDS ISSUED BY INSTITUTIONS OF HIGHER EDUCATION › Section 53.142 - Bonds Proposed under the Texas Education Code, Section

Current through Reg. 49, No. 28; July 12, 2024
Bonds proposed for issue under Texas Education Code,
					 Chapter 55, Subchapter B, §55.172, must include in the transcript a
					 certified copy of an order or resolution or minute entry of the Coordinating
					 Board, Texas College and University System, showing the board's approval of the
					 specific terms and provisions of said bonds and the pledge for the payment
					 thereof as being in conformance with the board's applicable rules and
					 regulations.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter H - APPROVAL OF BONDS ISSUED BY INSTITUTIONS OF HIGHER EDUCATION › Section 53.143 - Construction Bonds Issued by an Institution of Higher Education

Current through Reg. 49, No. 28; July 12, 2024
A transcript for bonds issued by an institution of higher
					 education, the proceeds of which are to be used for the construction, repair,
					 rehabilitation, or remodeling of such institution's building or facilities, as
					 defined in Texas Education Code, §
										RSA
					 61.003(13), must be
					 accompanied by a certified copy of the Coordinating Board, Texas College and
					 University System, order, resolution, or minute entry approving such
					 construction, repair, rehabilitation, or remodeling, subject to the provisions
					 of Texas Education Code, §
										RSA
					 61.058.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter I - APPROVAL OF BONDS TO BE ISSUED BY LOCAL GOVERNMENT FOR THE CONSTRUCTION OF SPORTS CENTERS › Section 53.151 - Contents of Transcripts

Current through Reg. 49, No. 28; July 12, 2024
The transcripts of such a proposed issue shall include
					 engineer certification of and citation to the most recent United States census
					 showing all or at least 51% of the territory of the local government situated
					 in a county having a population of more than 650,000.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter I - APPROVAL OF BONDS TO BE ISSUED BY LOCAL GOVERNMENT FOR THE CONSTRUCTION OF SPORTS CENTERS › Section 53.152 - Pledge Income of a Contract or Lease Involved in the Proposed Issue To Be Supported

Current through Reg. 49, No. 28; July 12, 2024
The pledged income of a contract or lease involved in the
					 proposed issue must be supported by:
(1) a certified copy of the articles of
				  incorporation, or filed articles of agreement, if applicable, articles of
				  association, and permit to do business in Texas, if a foreign corporation, of
				  the lessee, franchisee, concessionaire, or other primary part-beneficiary, if
				  nongovernmental of the lease or contract;
(2) a complete audit by a certified public
				  accountant of the lessee, franchisee, concessionaire, or other primary
				  party-beneficiary of the lease or contract dated within not more than 90 days
				  preceding the date of the transcript's submission;
(3) an affidavit of the chief financial
				  officer of the lessee, franchisee, concessionaire, or other primary
				  party-beneficiary of the lease or contract involved to the effect that no
				  changes in the financial condition material to the pledged income have occurred
				  since such audit date. Such affidavit shall be dated within 10 days of the date
				  of submission of the transcript. If a material change has occurred it shall be
				  detailed in the affidavit;
(4) as
				  of the date of the attorney general's approval, telegraphic confirmation of
				  good-standing from the secretary of state of the state of original
				  incorporation or organization of such lessee, franchisee, concessionaire, or
				  primary party-beneficiary, to be delivered to the assistant attorney general
				  examining the transcript as well as verification by the comptroller of public
				  accounts that all taxes due and owing to the State of Texas by such lessee,
				  franchisee, concessionaire, or primary party-beneficiary have been
				  paid.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter J - REQUIREMENTS OF THE APPROVAL OF SECURITIES WITH RESPECT TO CRIMINAL JUSTICE FACILITIES › Section 53.161 - Issuance of Bonds for Construction of Jails or Improvements

Current through Reg. 49, No. 28; July 12, 2024
Transcripts for the issuance of bonds for the construction
					 of jails or additions or improvements thereto shall include a certificate of
					 compliance with minimum standards of the Jail Standards Commission, signed by
					 the executive director of the Commission on Jail Standards, as to such
					 construction, additions, or improvements, if applicable rules and regulations
					 then are in force and effect and plans and specifications have been prepared.
					 (The commission is required to adopt such rules and regulations on or before
					 January 1, 1977.)
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter J - REQUIREMENTS OF THE APPROVAL OF SECURITIES WITH RESPECT TO CRIMINAL JUSTICE FACILITIES › Section 53.162 - Criminal Justice Facilities Contracts Contents

Current through Reg. 49, No. 28; July 12, 2024
With respect to criminal justice facilities, pursuant to
					 Texas Civil Statutes, Article 2370c-2, all contracts, with copies of each order
					 and ordinance authorizing the same, between the city and county and the
					 administrative agency, if any, created by the city and county under this Act,
					 relating to matters mentioned in sections 2 through 4 of the Act, must be
					 included in each securities transcript submitted thereunder.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter J - REQUIREMENTS OF THE APPROVAL OF SECURITIES WITH RESPECT TO CRIMINAL JUSTICE FACILITIES › Section 53.163 - Revenue Financing; Projection of Anticipated Income

Current through Reg. 49, No. 28; July 12, 2024
Where revenue financing is included, with respect to Texas
					 Civil Statutes, Article 2370c-2 issues, a projection of anticipated income from
					 each source for the life of the revenue securities employed must be furnished,
					 showing the data and basis upon which such projection is made, certified as to
					 its reasonableness by a certified public accountant or by the city chief
					 finance officer, city manager, county judge, or county auditor, as
					 applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter J - REQUIREMENTS OF THE APPROVAL OF SECURITIES WITH RESPECT TO CRIMINAL JUSTICE FACILITIES › Section 53.164 - Division Rules Applicable

Current through Reg. 49, No. 28; July 12, 2024
Division rules for general obligation bond transcripts,
					 revenue bond transcripts, and certificate of obligation transcripts shall apply
					 to those types of securities used for funding subject facilities. One executed
					 copy of each lease, if any, must be in the transcript with a copy of the
					 authorizing orders or ordinances.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter J - REQUIREMENTS OF THE APPROVAL OF SECURITIES WITH RESPECT TO CRIMINAL JUSTICE FACILITIES › Section 53.165 - Pledged Parking Fees and Other Fee Income Transcripts

Current through Reg. 49, No. 28; July 12, 2024
Pledged parking fees and other fee income require
					 transcript inclusion of a copy of each ordinance or order authorizing the
					 assessment and collection of such fees.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter K - APPROVAL OF SAN ANTONIO RIVER AUTHORITY AND POLLUTION CONTROL DISTRICT BONDS › Section 53.171 - Certified Copies of All Proceedings

Current through Reg. 49, No. 28; July 12, 2024
Certified copies of all proceedings under the authority
					 cited above must be submitted as prescribed for general obligation bond
					 transcripts. Additionally, a scaled map of the boundaries of each pollution
					 control district shall be included in the transcript.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter L - GENERAL REQUIREMENTS FOR NONPROFIT CORPORATION BONDS › Section 53.181 - Form of Documents

Current through Reg. 49, No. 28; July 12, 2024
All documents and certificates submitted to the Public
					 Finance Section of the attorney general's office are to be dated, fully
					 executed originals, unless otherwise indicated in this chapter. Undated
					 certificates shall be accompanied by authorization from the appropriate party
					 to the attorney general to complete the date of such certificate upon approval
					 of the bonds and to rely upon such information unless notified
					 otherwise.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter L - GENERAL REQUIREMENTS FOR NONPROFIT CORPORATION BONDS › Section 53.182 - Governing Law

Current through Reg. 49, No. 28; July 12, 2024
The governing law provisions for letter of credit and
					 reimbursement agreements, bond purchase agreements, remarketing agreements, and
					 similar agreements may be that of the state of domicile of the bank or
					 financial institution, but the rights, duties, and liabilities of the issuer of
					 the bonds must be governed by Texas law. The trust indenture must be governed
					 by Texas law, but the rights, duties, and obligations of the trustee may be
					 interpreted and construed according to the laws of the trustee's state of
					 domicile. Except as provided in this section, all other documents to which the
					 issuer of the bonds is a party shall contain a provision to the effect that
					 such document shall be governed by and construed in accordance with the laws of
					 the State of Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter L - GENERAL REQUIREMENTS FOR NONPROFIT CORPORATION BONDS › Section 53.183 - Closings

Current through Reg. 49, No. 28; July 12, 2024
(a) Basic financing
				  documents are to be submitted to the Public Finance Section of the attorney
				  general's office a minimum of 12 working days prior to the proposed bond
				  closing along with the appropriate examination fee as required by Texas Civil
				  Statutes, Article 717k-6. One of the 12 days is needed in order to transmit
				  approved bonds to the comptroller of public accounts for registration. Under
				  extraordinary circumstances, a shorter review period will be considered, but
				  only upon preclearance with the Public Finance Section. Certificates and other
				  documentation should be submitted with, or as soon as possible after, the
				  submission of the basic financing documents. It is highly recommended that
				  closings not be scheduled prior to contacting the Public Finance
				  Section.
(b) If documents cannot be
				  executed in time to meet submittal requirements, it is acceptable to submit
				  unexecuted documents in substantially final form. If any changes are made to
				  the documents after they are first submitted, blacklined copies showing all
				  changes must also be submitted. Any substantive changes may delay
				  approval.
(c) The attorney general
				  will send a representative to out-of-town closings only if truly necessary and
				  only if precleared with the Public Finance Section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter L - GENERAL REQUIREMENTS FOR NONPROFIT CORPORATION BONDS › Section 53.184 - General Submission Requirements

Current through Reg. 49, No. 28; July 12, 2024
The following transcript items are to be submitted for all
					 nonprofit corporation bonds:
(1) index
				  of all documents comprising the bond transaction, with appropriate notation of
				  those documents submitted to the attorney general;
(2) certification with respect to all bond
				  proceedings held in compliance with Texas Civil Statutes, Article 6252-17, if
				  applicable;
(3) certification that
				  due notice of meetings has been given to the directors of the issuer, in
				  accordance with the bylaws;
(4)
				  transcripts for refunding of bonds which should contain additional items. Even
				  though a current refunding under federal tax law allows redemption of the bonds
				  within 90 days from the closing, for state law purposes the delay of redemption
				  of the refunded bonds until after closing would be treated as an advance
				  refunding and must comply with applicable requirements, including:
(A) escrow agreement or other document
				  governing disposition and investment of bond proceeds pending redemption of the
				  refunded bonds;
(B) verification of
				  the sufficiency of the escrow, if applicable;
(C) copy of refunded bond resolution(s) or
				  indenture(s); and
(D) authorization
				  and instruction to call bonds for redemption;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter M - DEVELOPMENT CORPORATION BONDS › Section 53.193 - Generally

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements of Subchapter L of this
					 chapter (relating to General Requirements for Nonprofit Corporation Bonds),
					 this subchapter outlines the minimum transcript requirements prerequisite to
					 approval of bonds issued pursuant to Texas Civil Statutes, Article 5190.6, as
					 amended, Development Corporation Act of 1979 (the Act). Unless otherwise
					 indicated in this subchapter, terms not defined herein have the meanings
					 assigned to them in the Act.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter M - DEVELOPMENT CORPORATION BONDS › Section 53.194 - Basic Financing Documents

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute basic financing
					 documents:
(1) loan agreement or other
				  financing document between the corporation and the user;
(2) trust indenture, bond resolution, or
				  other document, which shall include the following provisions:
(A) terms of the sale of the bonds, i.e.,
				  negotiated, competitive or otherwise, identification of the purchaser, whether
				  sold at par or discount;
(B) place
				  and manner of payment for the bonds;
(C) title, aggregate amount, denomination,
				  bond number(s), and purpose of the bonds;
(D) maturity schedule;
(E) payment date(s), interest rate(s), and/or
				  method or formula for setting the interest rate(s);
(F) redemption provisions, if any;
(G) designation of registrar and provisions
				  for registration and transfer of the bonds;
(H) form of bond, including on the face of
				  all bonds a statement to the effect that neither the State of Texas, the unit,
				  nor any other political corporation, subdivision, or agency of the State of
				  Texas shall be obligated to pay the bonds or the interest thereon and that
				  neither the faith and credit nor the taxing power of the State of Texas, the
				  unit, or any other political corporation, subdivision, or agency thereof is
				  pledged to the payment of the principal of or interest on the bonds;
(I) pledge and source of payment of the bonds
				  and disposition of the bond proceeds;
(J) creation and designation of all funds
				  relating to the disposition of bond proceeds and the payment and security for
				  the bonds;
(K) authorization to use
				  official seal on the bonds and for the appropriate officers to sign the bonds
				  and the form of such signature and seal (manual and/or facsimile);
				  and
(L) specific description of the
				  project to be financed or refinanced which includes a general, functional
				  description of the type and use of the facility; the owner, operator, or
				  manager of the facility and the prospective location of the facility by its
				  street address or, if none, by a general description of its specific
				  location;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter M - DEVELOPMENT CORPORATION BONDS › Section 53.195 - Documentation of Approving Governing Body

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 approving governing body:
(1)
				  resolution of the governing body approving the resolution of the corporation
				  providing for the issuance of the bonds which resolution shall not be adopted
				  more than 60 days prior to the delivery date of the bonds. Such resolution
				  shall include:
(A) approval of issuance of
				  the bonds;
(B) statement of the
				  purpose and amount of the bonds; and
(C) identification of the user;