reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter M - DEVELOPMENT CORPORATION BONDS › Section 53.196 - Documentation of Corporation

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 corporation:
(1) undated general
				  certificate of the corporation, executed by at least two officers of the
				  corporation, which includes certifications and provisions (or confirmation of
				  any such certifications and provisions which are contained in the basic
				  financing documents) with respect to:
(A)
				  incumbency of the officers and directors;
(B) due incorporation, valid existence, and
				  good standing;
(C) official
				  seal;
(D) appointment of authorized
				  representative, if any;
(E)
				  signature identifications;
(F)
				  no-litigation pending or threatened against the corporation with respect to the
				  issuance of the bonds, or the title or authority of the officers and directors
				  of the corporation;
(G) bond
				  documents submitted were properly executed by the corporation, have not been
				  amended or rescinded, and due performance thereof has been authorized by the
				  corporation;
(H) the terms and
				  performance of the bond documents by the corporation are not in conflict with
				  the articles of incorporation or bylaws of the corporation or any other
				  instrument or restriction to which the corporation is a party or subject
				  to;
(I) documents submitted are in
				  substantially the form approved by or on behalf of the corporation;
				  and
(J) incorporated as exhibits,
				  as applicable (or may be included as separate documents if certified as to
				  accuracy):
(i) copy of the articles of
				  incorporation as certified by the secretary of state of Texas and bylaws or,
				  alternatively, a certification that there have been no amendments to the
				  articles of incorporation or bylaws since the last submission of bonds or
				  copies of any amendments;
(ii) copy
				  of certificate of continued existence from the secretary of state of Texas and
				  copy of certificate of good standing from the comptroller of public accounts of
				  Texas, both dated within 60 days of transcript submission; and
(iii) copy of the department's
				  approval;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter M - DEVELOPMENT CORPORATION BONDS › Section 53.198 - Bank/Credit Facility Documentation

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 bank/credit facility:
(1) if a bank or
				  other entity is involved as trustee or escrow agent, evidence of the entity's
				  corporate authority to act as such;
(2) if a credit or similar agreement is to be
				  submitted in executed form pursuant to §
										RSA
				  53.194(3) of this title
				  (relating to Basic Financing Documents), evidence of the credit facility's
				  corporate authority to act as such;
(3) authority for specified officers to
				  execute transcript documents and signature identification of such
				  officers.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter M - DEVELOPMENT CORPORATION BONDS › Section 53.199 - Documentation of Guarantor

Current through Reg. 49, No. 28; July 12, 2024
If the bonds are guaranteed by another entity, such entity
					 must furnish the same documentation as the user, to the extent
					 applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter M - DEVELOPMENT CORPORATION BONDS › Section 53.200 - Miscellaneous

Current through Reg. 49, No. 28; July 12, 2024
(a) Any agreement
				  relating to any project shall contain a provision that in the event of a
				  default in the payment of the principal of or the interest or premium on the
				  bonds or in the performance of any agreement contained in such proceedings,
				  mortgage, or instrument, such payment and performance may be enforced by
				  mandamus or by the appointment of a receiver in equity with power to charge and
				  collect rents, purchase price payments and loan payments, and to apply the
				  revenues from the project in accordance with such resolution, mortgage, or
				  instrument.
(b) If a corporation
				  finances projects in enterprise zones designated under Texas Civil Statutes,
				  Article 5190.7, the Texas Enterprise Zone Act, as amended, please contact the
				  Public Finance Section for additional transcript requirements.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter N - HEALTH FACILITIES DEVELOPMENT CORPORATION BONDS › Section 53.211 - 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 the Health and Safety Code, Title 4,
					 Chapter 221, as amended, Health Facilities Development Act (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 N - HEALTH FACILITIES DEVELOPMENT CORPORATION BONDS › Section 53.212 - 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, nor a
				  political subdivision or agency of the State of Texas, including the sponsoring
				  entity is 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 sponsoring
				  entity, nor any other political subdivision, or agency of the State of Texas is
				  pledged to the payment of the principal of or interest or any redemption
				  premium 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 to
				  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 health
				  facility to be financed or refinanced which includes a general, functional
				  description of the type and use of the health facility; the owner, operator, or
				  manager of the health facility and the prospective location of the health
				  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 N - HEALTH FACILITIES DEVELOPMENT CORPORATION BONDS › Section 53.213 - Documentation of Governing Body

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 governing body:
(1) certificate of
				  receipt of notice from the corporation to the governing body of intent to issue
				  bonds, with notice attached, which includes the description of the health
				  facilities, projected cost and necessity for the health facility, name of
				  proposed user of the facility, or a cash flow forecast, as
				  applicable;
(2) undated general
				  certificate of the governing body including certifications and provisions with
				  respect to:
(A) approval of the bylaws and
				  articles of incorporation of the corporation and all amendments
				  thereto;
(B) incumbency of the
				  directors of the corporation; and
(C) whether any action has been taken
				  pursuant to the Health Facilities Development Act, §221.035, or otherwise
				  to limit the effectiveness of the bond resolution or affect the bond
				  transaction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter N - HEALTH FACILITIES DEVELOPMENT CORPORATION BONDS › Section 53.214 - Documentation of Corporation

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 corporation:
(1) undated general
				  certificate of the corporation, executed by at least two officers of the
				  corporation, including certifications and provisions (or confirmation of any
				  such certifications and provisions which are contained in the basic financing
				  documents) with respect to:
(A) incumbency of
				  the officers and directors;
(B) due
				  incorporation, valid existence, and good standing;
(C) official seal;
(D) appointment of authorized representative,
				  if any;
(E) signature
				  identifications;
(F) no-litigation
				  pending or threatened against the corporation with respect to the issuance of
				  the bonds, or the title or authority of the officers and directors of the
				  corporation;
(G) the bond documents
				  submitted were properly executed by the corporation, have not been amended or
				  rescinded, and due performance thereof has been authorized by the
				  corporation;
(H) the terms and
				  performance of the bond documents by the corporation are not in conflict with
				  the articles of incorporation or bylaws of the corporation or any other
				  instrument or restriction to which the corporation is a party or subject to;
				  and
(I) incorporated as exhibits,
				  as applicable (or may be included as separate documents if certified as to
				  accuracy):
(i) a copy of the corporation's
				  articles of incorporation as certified by the secretary of state of Texas and
				  bylaws, or, alternatively, a certification that there have been no amendments
				  to the corporation's articles of incorporation or bylaws since the last
				  submission of bonds or copies of any amendments;
(ii) copy of certificate of continued
				  existence from the secretary of state of Texas and copy of certificate of good
				  standing from the comptroller of public accounts of Texas, both dated within 60
				  days of transcript submission;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter N - HEALTH FACILITIES DEVELOPMENT CORPORATION BONDS › Section 53.216 - Bank/Credit Facility Documentation

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 bank/credit facility:
(1) if a bank or
				  other entity is involved as trustee, escrow agent, or credit facility, evidence
				  of the entity's corporate authority to act as such;
(2) if a credit or similar agreement is to be
				  submitted in executed form pursuant to §
										RSA
				  53.212(3) of this title
				  (relating to Basic Financing Documents), evidence of corporate authority to act
				  as such;
(3) authority for
				  specified officers to execute transcript documents and signature identification
				  of such officers.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter N - HEALTH FACILITIES DEVELOPMENT CORPORATION BONDS › Section 53.217 - Documentation of Guarantor

Current through Reg. 49, No. 28; July 12, 2024
If the bonds are guaranteed by another entity, such entity
					 must furnish the same documentation as the user, to the extent
					 applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter O - HOUSING FINANCE CORPORATION BONDS › Section 53.227 - Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 housing finance
				  corporation bonds issued pursuant to the Local Government Code (the Act), Title
				  12, Chapter 394, Housing Finance Corporation Act. Unless otherwise indicated in
				  this subchapter, terms not defined herein have the meanings assigned to them in
				  the Act.
(b) Unless otherwise
				  indicated, the following requirements apply to single family and multifamily
				  housing bonds issued by a housing finance corporation (the issuer).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter O - HOUSING FINANCE CORPORATION BONDS › Section 53.228 - 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;
(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 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 such bonds have been issued under the
				  Act and do not constitute, within the meaning of any statutory or
				  constitutional provision, an indebtedness, an obligation, or a loan of credit
				  of the State of Texas, the local government, or any other municipality, county,
				  or other municipal or political corporation or subdivision of the State of
				  Texas;
(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 O - HOUSING FINANCE CORPORATION BONDS › Section 53.229 - Documentation of Governing Body

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 governing body: undated general certificate of the governing body, including
					 certifications and provisions with respect to:
(1) incumbency of the directors of the
				  issuer;
(2) whether the governing
				  body has created a joint housing finance corporation (a joint issuer) and if
				  so, that the governing body has not created any other joint issuer with powers
				  as provided in the Local Government Code (the Act), §394.012(c);
(3) approval of all amendments to the
				  issuer's articles of incorporation, if any; and
(4) whether any action has been taken
				  pursuant to the Act, §394.016(c), or otherwise to limit the effectiveness
				  of the bond resolution or affect the bond transaction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter O - HOUSING FINANCE CORPORATION BONDS › Section 53.230 - Documentation of Issuer

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 issuer:
(1) undated general
				  certificate of the issuer, executed by at least two officers of the issuer,
				  which includes certifications and provisions (or confirmation of any such
				  certifications and provisions which are contained in the basic financing
				  documents) with respect to:
(A) incumbency of
				  the officers and directors;
(B) due
				  incorporation, valid existence, and good standing;
(C) official seal;
(D) for single family bonds only, compliance
				  with the Local Government Code, §
											RSA
				  394.005;
(E) appointment of authorized representative,
				  if any;
(F) signature
				  identifications;
(G) no-litigation
				  pending or threatened against the issuer with respect to the issuance of the
				  bonds or the title or authority of the officers and directors of the
				  issuer;
(H) the bond documents
				  submitted were properly executed by the issuer, have not been amended or
				  rescinded, and due performance thereof has been authorized, by the
				  issuer;
(I) the terms and
				  performance of the bond documents by the issuer are not in conflict with the
				  articles of incorporation or bylaws of the issuer or any other instrument or
				  restriction to which the issuer is a party or subject to;
(J) if a joint issuer, that such issuer is
				  not operating in more than one state planning region;
(K) the directors of the issuer are residents
				  of the local government or if a joint issuer that the directors reside in a
				  sponsoring local government;
(L) if
				  the proceeds of the bonds are used for a residential development, that such
				  development is located within the local government;
(M) the issuer's articles of incorporation,
				  most recent annual report, and all other filings have been delivered to the
				  Texas Department on Aging;
(N)
				  documents are in substantially the form approved by or on behalf of the issuer;
				  and
(O) incorporated as exhibits,
				  as applicable (or may be included as separate documents if certified as to
				  accuracy):
(i) copy of the articles of
				  incorporation as certified by the secretary of state of Texas and bylaws or,
				  alternatively, a certification that there have been no amendments to the
				  articles of incorporation or bylaws since the last submission of bonds or
				  copies of any amendments; and
(ii)
				  copy of certificate of continued existence from the secretary of state of Texas
				  and certificate of good standing from the comptroller of public accounts of
				  Texas, both dated within 60 days of transcript submission;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter O - HOUSING FINANCE CORPORATION BONDS › Section 53.232 - Bank/Credit Facility Documentation

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 bank/credit facility:
(1) if a bank or
				  other entity is involved as trustee or escrow agent, evidence of the entity's
				  corporate authority to act as such;
(2) if a credit or similar agreement is to be
				  submitted in executed form pursuant to §
										RSA
				  53.228(3) of this title
				  (relating to Basic Financing Documents), evidence of the credit facility's
				  corporate authority to act as such;
(3) authority for specified officers to
				  execute transcript documents and signature identification of such
				  officers.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter O - HOUSING FINANCE CORPORATION BONDS › Section 53.233 - Documentation of Guarantor

Current through Reg. 49, No. 28; July 12, 2024
If the bonds are guaranteed by another entity, such entity
					 must furnish the same documentation as the developer, to the extent
					 applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter P - OTHER CORPORATION BONDS › Section 53.244 - Generally

Current through Reg. 49, No. 28; July 12, 2024
(a) 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 for
				  certain corporation financings pursuant to statutes other than Texas Civil
				  Statutes, Article 5190.6, as amended, the Health and Safety Code, Title 4,
				  Chapter 221, and the Local Government Code, Title 12, Chapter 394. Unless
				  otherwise indicated in this subchapter, terms not defined herein have the
				  meanings assigned to them in Texas Civil Statutes, Article 5190.6.
(b) The nature of the financing and the
				  statutory authority used will dictate the specific transcript requirements. The
				  minimum requirements that can be expected are outlined in this subchapter. The
				  issuing corporation (the issuer) or its representative is encouraged to contact
				  the Public Finance Section prior to taking official action with respect to the
				  financing in order to determine the additional documentation that will be
				  necessary for approval of the bonds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter P - OTHER CORPORATION BONDS › Section 53.245 - 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;
(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 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;
(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 to 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 P - OTHER CORPORATION BONDS › Section 53.246 - Documentation of Governing Body

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 governing body: undated general certificate of the governing body, including
					 certifications and provisions with respect to incumbency of the officers and
					 directors of the issuer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter P - OTHER CORPORATION BONDS › Section 53.247 - Documentation of Issuer

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 issuer:
(1) undated general
				  certificate of the issuer, executed by at least two officers of the issuer,
				  which includes certifications and provisions (or confirmation of any such
				  certifications and provisions which are contained in the basic financing
				  documents) with respect to:
(A) incumbency of
				  the officers and directors;
(B) due
				  incorporation, valid existence, and good standing;
(C) official seal;
(D) documents are in substantially the form
				  approved by or on behalf of the issuer;
(E) appointment of authorized representative,
				  if any;
(F) signature
				  identifications;
(G) the bond
				  documents were properly executed by the issuer, have not been amended or
				  rescinded, and due performance thereof has been authorized by the
				  issuer;
(H) the terms and
				  performance of the bond documents by the issuer are not in conflict with the
				  articles of incorporation or bylaws of the issuer or any other instrument or
				  restriction to which the issuer is a party or subject to;
(I) no-litigation pending or threatened
				  against the issuer with respect to the issuance of the bonds, or the title or
				  authority of the officers and directors of the issuer;
(J) documents submitted are in substantially
				  the form approved by or on behalf of the issuer; and
(K) incorporated as exhibits, as applicable
				  (or may be included as separate documents if certified as to accuracy):
(i) copy of the articles of incorporation as
				  certified by the secretary of state of Texas and bylaws or, alternatively, a
				  certification that there have been no amendments to the articles of
				  incorporation or bylaws since the last submission of bonds or copies of any
				  amendments; and
(ii) copy of
				  certificate of continued existence from the secretary of state of Texas and
				  copy of certificate of good standing from the comptroller of public accounts of
				  Texas, both dated within 60 days of transcript submission;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter P - OTHER CORPORATION BONDS › Section 53.249 - Bank/Credit Facility Documentation

Current through Reg. 49, No. 28; July 12, 2024
The following shall constitute documentation of the
					 bank/credit facility:
(1) if a bank or
				  other entity is involved as trustee or escrow agent, evidence of the entity's
				  corporate authority to act as such;
(2) if a credit or similar agreement is to be
				  submitted in executed form pursuant to §
										RSA
				  53.245(c) of this title
				  (relating to Basic Financing Documents), evidence of the credit facility's
				  corporate authority to act as such;
(3) authority for specified officers to
				  execute transcript documents and signature identification of such
				  officers.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 53 - MUNICIPAL SECURITIES › Subchapter P - OTHER CORPORATION BONDS › Section 53.250 - Documentation of Guarantor

Current through Reg. 49, No. 28; July 12, 2024
If the bonds are guaranteed by another entity, such entity
					 must furnish the same documentation as the user, to the extent
					 applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms and abbreviations, when used in this
						subchapter, shall have the following meanings, unless the context clearly
						indicates otherwise:
(1) Application
					 Kit--The information that is required to be completed and submitted by an
					 applicant for a grant contract.
(2)
					 Applicant--An entity that files an application for a grant contract with the
					 OAG.
(3) Eligible application--An
					 application that meets the minimum requirements set forth in the RFA and
					 Application Kit.
(4) Grantee--An
					 entity that receives a grant contract from the OAG.
(5) OAG--Office of the Attorney
					 General.
(6) RFA--Request for
					 Applications.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.2 - Construction of Rules

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise noted, this subchapter applies to the
						"Choose Life" grant program. If good cause is established to show that
						compliance with this subchapter may result in an injustice to any party, this
						subchapter may be suspended at the discretion of the OAG. The OAG may consult
						with the Choose Life Advisory Committee regarding construction of this
						subchapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.3 - Source and Availability of Funds

Current through Reg. 49, No. 28; July 12, 2024
Chapter 402 of the Government Code authorizes the Choose
						Life account as a separate account in the general revenue fund. The OAG is
						authorized to administer the Choose Life account. The OAG is authorized to make
						grants from the Choose Life account to an eligible organization. All funding is
						contingent upon the appropriation of funds by the Texas Legislature and upon
						approval of a grant application by the OAG.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.4 - Purpose of Funds and Grant Funding Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of the OAG Choose Life grant
					 program is to provide funds as described in Chapter 402 of the Government
					 Code.
(b) The OAG reserves the
					 right to consider all other appropriations or funding an applicant currently
					 receives when making funding decisions.
(c) The OAG reserves the right to give
					 priority to programs that provide services in certain geographic or
					 programmatic areas or other factors considered important by the OAG.
(d) Within its discretion, the OAG shall
					 determine the manner and procedure for making funding decisions that support
					 the efficient and effective use of public funds. A competitive allocation
					 process which includes the distribution of grant funds to grantees based on an
					 application process as well as an evaluation and review process, may be
					 used.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.5 - Choose Life Eligible Purpose Areas

Current through Reg. 49, No. 28; July 12, 2024
Grant contracts awarded under the Choose Life program may
						be used only to provide for the material needs of pregnant women who are
						considering placing their children for adoption, including the provision of
						clothing, housing, prenatal care, food, utilities, and transportation, to
						provide for the needs of infants who are awaiting placement with adoptive
						parents, to provide training and advertising relating to adoption, and to
						provide pregnancy testing or pre-adoption or post-adoption counseling, but may
						not be used to pay an administrative, legal, or capital
						expense.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.6 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
					 must be an eligible organization. An "eligible organization" means an
					 organization in this state that:
(1) is
					 exempt from federal income taxation under §501(a), Internal Revenue Code
					 of 1986, by being listed as an exempt charitable organization under
					 §501(c)(3) of that code;
(2)
					 provides counseling and material assistance to pregnant women who are
					 considering placing their children for adoption;
(3) does not charge for services
					 provided;
(4) does not provide
					 abortions or abortion-related services or make referrals to abortion
					 providers;
(5) is not affiliated
					 with an organization that provides abortions or abortion-related services or
					 makes referrals to abortion providers; and
(6) does not contract with an organization
					 that provides abortions or abortion-related services or makes referrals to
					 abortion providers.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.7 - Match and Volunteer Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The OAG may require cash and/or in-kind match for grants as stated in the RFA
					 and the Application Kit. The amount of an award and the match requirements are
					 determined solely by the OAG. The OAG reserves the right to alter the required
					 match for any funded program.
(b)
					 All non-governmental programs may have a volunteer component. The specific
					 requirements for the volunteer component will be stated in the RFA and the
					 Application Kit.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.8 - Funding Levels

Current through Reg. 49, No. 28; July 12, 2024
(a) The minimum and
					 maximum amount of funding for the Choose Life grant contract will be stated in
					 the RFA and the Application Kit.
(b) The amount of an award is determined
					 solely by the OAG. The OAG may award grants at amounts above or below the
					 established funding levels and is not obligated to fund a grant at the amount
					 requested.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.9 - Grant Contract Period

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally,
					 grant contracts may be awarded for any number of months up to a two year period
					 beginning September 1st and ending August 31st.
(b) The OAG reserves the right to alter the
					 starting date and length of the grant contract period.
(c) If the grant contract period extends for
					 more than one fiscal year, the grantee may be required to submit additional
					 documentation relating to the subsequent fiscal year of the grant contract
					 period, including an updated budget. The OAG may base its decision on
					 subsequent fiscal year funding amounts on the grantee's prior performance,
					 including but not limited to the timeliness and thoroughness of reporting,
					 effective and efficient use of grant funds and the success of the grant in
					 meeting its goals.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.10 - Continuation of Funding

Current through Reg. 49, No. 28; July 12, 2024
Because a grant is not a right or an entitlement, there
						is no commitment by the OAG that a grant contract, once funded, will receive
						subsequent funding. The award of a grant contract to a grantee shall not commit
						or obligate the OAG in any way to make any additional, supplemental,
						continuation, or other award to that grantee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.11 - Additional Award Opportunities

Current through Reg. 49, No. 28; July 12, 2024
The OAG may fund grants outside the standard application
						cycle or process or at amounts higher or lower than provided for in this
						subchapter based on availability of funds and a particularized
						need.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.12 - Applicant Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 OAG may require applicants to register their intent to apply for funding. If
					 registration is required, the deadline to file, including a time, date and
					 place certain, will be given in the RFA.
(b) Grant applications will not be considered
					 if the registration is not filed by the established deadline.
(c) The OAG will notify an applicant if their
					 application will not be considered due to failure of timely
					 registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.13 - Filings with the OAG

Current through Reg. 49, No. 28; July 12, 2024
(a) All documents
					 that are required to be submitted to the OAG must be received by the OAG to be
					 considered as filed. If a deadline is established by the OAG, it will include a
					 time, date and place certain.
(b)
					 Proof of sending a document by email or other means is not proof that the OAG
					 received the information.
(c) All
					 filing decisions rest completely within the discretionary authority of the OAG
					 and the decisions made by the OAG are final and are not subject to
					 appeal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.14 - Compliance with Other Standards

Current through Reg. 49, No. 28; July 12, 2024
Grantees must comply with all applicable state and
						federal statutes, rules, regulations, and guidelines. In instances where both
						federal and state requirements apply to a grantee, the more restrictive
						requirement applies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 1 - GENERAL PROVISIONS AND ELIGIBILITY › Section 54.15 - Use of the Internet

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG may
					 transmit notices, forms or other documents and information via the Internet or
					 other electronic means.
(b) The OAG
					 may require the submission of notices, forms or other documents and information
					 via the Internet or other electronic means.
(c) Transmission or submission via electronic
					 means meets the relevant requirements contained within this subchapter for
					 submitting information in writing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 2 - GRANT APPLICATION AND DECISION PROCESS › Section 54.20 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG will
					 publish a RFA in the
Texas Register
and post the RFA on the
					 OAG's official agency website.
(b)
					 The RFA, at a minimum, will provide the following information:
(1) applicable funding sources for the types
					 of grants available and eligibility requirements;
(2) how to obtain Application Kits;
(3) deadlines and filing instructions for the
					 grant application;
(4) minimum and
					 maximum amounts of funding available;
(5) start date and length of grant contract
					 period;
(6) any match or volunteer
					 requirements;
(7) award
					 criteria;
(8) any prohibitions on
					 the use of grant funds; and
(9) OAG
					 contact information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 2 - GRANT APPLICATION AND DECISION PROCESS › Section 54.21 - Initial Screening; Evaluation and Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The OAG will initially screen each
					 application for eligibility. Applications that are not eligible will not be
					 scored further and will not be eligible for a grant award. Applications will be
					 deemed ineligible if:
(1) the applicant did
					 not register timely an intent to apply, if required;
(2) the application is submitted by an
					 ineligible applicant;
(3) the
					 application is not filed in the manner and form required by the RFA;
(4) the application is filed after the
					 deadline established in the RFA; or
(5) the application does not meet other
					 requirements as stated in the RFA and the Application Kit.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 2 - GRANT APPLICATION AND DECISION PROCESS › Section 54.22 - Grant Decision Notification Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 OAG shall notify the applicant in writing of its decision regarding a grant
					 award.
(b) The OAG may utilize a
					 grant contract document or a notice of grant document once a decision is made
					 to award a grant. The applicant will be given a deadline to act to accept the
					 grant award and to return the appropriate document to the OAG within the time
					 prescribed by the OAG. An applicant's failure to return the signed document to
					 the OAG within the applicable time period will be construed as a rejection of
					 the grant award, and the OAG may de-obligate funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 2 - GRANT APPLICATION AND DECISION PROCESS › Section 54.23 - Grant Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) All grant
					 decisions, including, but not limited to, eligibility, evaluation and review,
					 and funding rest completely within the discretionary authority of the OAG and
					 the decisions made by the OAG are final and are not subject to
					 appeal.
(b) The OAG may add special
					 conditions to the grant award. Special conditions made be placed on a grant
					 because of the need for information, clarification, or submission of an
					 outstanding requirement of the grant. A special condition may result in a hold
					 being placed on the OAG grant funds. Special conditions may be placed on a
					 grant at any time. Until satisfied, special conditions may affect the grantee's
					 ability to receive funds. If special conditions are not resolved, the OAG may
					 de-obligate the entire amount of the grant award.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 2 - GRANT APPLICATION AND DECISION PROCESS › Section 54.24 - Choose Life Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Choose Life Advisory Committee is created by §
											RSA
					 402.037 of the Government Code. The attorney
					 general shall appoint a seven-member Choose Life Advisory Committee.
(b) The committee shall:
(1) meet at least twice a year or as called
					 by the attorney general;
(2) assist
					 the attorney general in developing rules under §
												RSA
					 402.036(e) of the Government
					 Code; and
(3) review and make
					 recommendations to the attorney general on applications submitted to the
					 attorney general for grants funded with money credited to the Choose Life
					 account.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 3 - GRANT BUDGET REQUIREMENTS › Section 54.30 - General Budget Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
					 otherwise stated by the RFA and the Application Kit, eligible budget categories
					 are limited to the following categories:
(1)
					 personnel;
(2) fringe
					 benefits;
(3) professional and
					 consultant services;
(4)
					 travel;
(5) equipment;
(6) supplies; and
(7) other direct operating
					 expenses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 54 - SPECIAL PROGRAMS › Subchapter A - CHOOSE LIFE GRANT PROGRAM › Division 3 - GRANT BUDGET REQUIREMENTS › Section 54.31 - Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) The personnel
					 budget category may include salaries of employees only, and not compensation
					 paid to independent contractors. "Employee" is defined as a person under the
					 direction and supervision of the grantee, who is on the payroll of the grantee
					 and for whom the grantee is required to pay applicable income withholding
					 taxes; or a person who will be on the grantee's payroll and for whom the
					 grantee will pay applicable income withholding taxes once the grant is
					 awarded.
(b) A salary for a
					 grant-funded position must be reasonable and may not exceed the salary paid to
					 a person performing comparable work in a position that is not funded by the
					 grant. The OAG will determine whether a salary is reasonable and may limit the
					 grant-funded portion of any salary.
(c) The OAG may set minimum restrictions on
					 the percentage of salary that may be funded.
(d) A grantee may not use grant funds to pay
					 overtime.
(e) Any changes to the
					 job duties or employment status of a grant-funded position must be reported to
					 the OAG promptly.
(f) A grantee may
					 not use grant funds to pay any portion of the salary or any other compensation
					 for an elected government official.