reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.6 - Order Should Divide All Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				BEFORE RETIREMENT. Under the Act, a participant's accumulated contributions
				(with interest as allowed thereon under the Act) may become payable to a
				participant upon terminating municipal employment and membership in the system
				prior to retirement, as set forth in the Act, §852.103, or may become
				payable to the participant's designee or estate under the Act, §854.501,
				in the event of the participant's death prior to retirement. A domestic
				relations order regarding a participant who has not yet retired should clearly
				state the basis upon which any portion of such sums should be payable to an
				alternate payee.
(b) AT AND AFTER
				RETIREMENT. Under the Act, a service retirement benefit or a disability
				retirement benefit may become payable to the participant (and, upon the
				participant's death, to a designee) as set forth in the Act,
				§§854.101-854.105 and §§854.405-854.411. A domestic
				relations order regarding a participant should clearly state the basis upon
				which any portion of such retirement benefit should be payable to an alternate
				payee.
(c) In the event that a
				domestic relations order that is signed by the presiding judge after the
				effective date of this section calls for the division of benefits on the basis
				of accumulated contributions, but the order does not clearly state how interest
				allowed on the accumulated contributions after the date of divorce will be
				divided, then the accumulated contributions under the applicable sections of
				the Act from which the alternate payee's portion of benefits will be calculated
				shall include interest thereon as allowed by the plan after the date the
				divorce was granted.
(d) A
				supplemental death benefit may become payable under the Act, §854.603 or
				§854.604, upon the death of a participant who was or had been employed by
				certain of the municipalities participating in the system. That benefit is not
				the property of a participant, but rather is a benefit that is paid by the
				system as a result of the death of a participant. If any portion of such
				benefit becomes payable to an alternate payee under the express wording of a
				qualified domestic relations order, it will be so paid upon the death of the
				participant; however, if the domestic relations order does not specifically
				provide that some portion of that benefit is to be paid to an alternate payee,
				then no portion of the supplemental death benefit shall be paid otherwise than
				as set forth in the Act, §854.605.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.7 - Conditional Approval of Order

Current through Reg. 49, No. 28; July 12, 2024
If, upon receipt of a domestic relations order, the domestic
				  relations liaison is of the opinion that it complies in all ways with the
				  requirements for a qualified domestic relations order hereunder, the domestic
				  relations liaison shall so state in the notice to be sent under §
									129.3
				  of this title (relating to Notice Regarding Receipt of Order). In that event,
				  the notice shall also state that the system will thereafter pay the sums
				  payable under the order in the manner set forth in the order, unless any of the
				  parties notifies the system in writing, within two weeks (and such additional
				  time as may be allowed by the system upon good cause being shown) from the date
				  of the notice letter, that they are contesting the order.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.8 - Payments Under Conditionally Approved Order

Current through Reg. 49, No. 28; July 12, 2024
(a) If, upon receipt of a domestic relations
				order, the domestic relations liaison conditionally approves that order, the
				system may (but shall not be required to) commence making payments pursuant to
				that order.
(b) If, within the
				period of time set forth in the notice from the domestic relations liaison,
				either party notifies the system in writing that they are contesting the order,
				no payments shall thereafter be made except in accordance with §
									129.10
				of this title (relating to Procedures for Determination - Contested
				Order).
(c) If conditional approval
				of an order is given by the domestic relations liaison under this section, and
				the system does not receive written notice of any contest of that determination
				within the period specified, the order shall be deemed to be a qualified
				domestic relations order hereunder, and the system will make payment in
				accordance therewith.
(d) Neither
				the system nor any officials or employees of the system shall be liable to any
				person for making payment pursuant to an order under this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.11 - Procedure for Obtaining Formal Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If the domestic relations liaison has determined that an order does not qualify
				under this chapter, and either party desires to challenge that determination,
				the party desiring to make such a challenge shall have 30 days from the date of
				the domestic relations liaison's letter of notification sent under §
									129.9
				of this title (relating to Order Not Appearing to Qualify) within which to file
				with the director a written demand for a hearing. After receipt of such demand,
				the director, or the director's designee, shall set the matter for hearing and
				shall mail written notice to all parties of the date and place of
				hearing.
(b) All such hearings, and
				the action thereon, shall be in accordance with §§
									121.18-
				121.26 of
				this title (relating to Conduct of Contested Case Hearings; Proposal for
				Decision; Filing of Exceptions to Proposal, Briefs, and Replies; Closing of
				Hearing; Board Consideration and Action; Board Decisions and Orders; Motions
				for Rehearing; When Decisions Become Final; and The Record).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.13 - Form of Qualified Domestic Relations Order

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				system has prescribed forms that are pre-approved by the system as meeting the
				requirements of Texas Government Code §
									804.003
				and this chapter for a qualified domestic relations order. The prescribed forms
				are available on the system's website and upon request. The prescribed forms
				incorporate by reference the definitions set forth in this chapter and the
				provisions set forth in §
									129.14
				of this title (relating to Provisions Incorporated by Reference). The system
				may reject any domestic relations order submitted to the system that does not
				utilize the applicable prescribed form.
(b) It is the responsibility of the parties
				to insert the correct information in the appropriate form prescribed by the
				system in the appropriate places and to provide the system with a certified
				copy of the order after it has been entered by a court of competent
				jurisdiction.
(c) If "accumulated
				contributions" is shown in the order to be the basis for division, then the
				term "community property ratio" as used in the prescribed form shall mean the
				ratio that contributions and interest deposited to participant's individual
				account with the system between the dates shown bears to participant's total
				contributions and interest at time of retirement or withdrawal of accumulated
				contributions. Interest (including interest earned after the date of the
				divorce) will be divided in accordance with §
									129.6
				of this title (relating to Order Should Divide All Benefits).
(d) If "total credited service" is shown in
				the order to be the basis for division, then the term "community property
				ratio" as used in the prescribed form shall mean the ratio that participant's
				credited service between the dates shown bears to participant's total credited
				service at time of retirement or withdrawal of accumulated
				contributions.
(e) The order shall
				not be considered qualified unless it clearly reflects which of the ratios
				described above, as applicable, is intended to be used in computing the
				division of benefits.
(f) All
				required sections of the prescribed form must be completed in order to be
				qualified.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Board--The Bond Review
				  Board, created under Chapter 1078, Acts of the 70th Legislature, Regular
				  Session, 1987 codified as Chapter 1231, Government Code.
(2) Interest rate management agreement--An
				  agreement that provides for an interest rate transaction, including a swap,
				  basis, forward, option, cap, collar, floor, lock, or hedge transaction, for a
				  transaction similar to those types of transactions, or for a combination of any
				  of those types of transactions. The term includes:
(A) a master agreement that provides standard
				  terms for transactions;
(B) an
				  agreement to transfer collateral as security for transactions; and
(C) a confirmation of transactions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.2 - Notice of Intention to Issue

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				  exempt pursuant to statute or pursuant to §
										181.9
				  of this title (relating to State Exemptions), an issuer intending to issue
				  state securities shall submit an electronic non-exempt notice of intention to
				  issue to the bond finance office no later than twelve business days prior to
				  the regularly scheduled planning session. Prospective issuers are encouraged to
				  file the notice of intention as early in the issuance planning stage as
				  possible. A notice of intention under this subsection is not required prior to
				  each new issuance of commercial paper if the issuer's commercial paper is
				  exempt pursuant to statute or if the issuer's commercial paper program has been
				  approved by the Board or if it is exempt from approval pursuant to the
				  provisions of §
										181.9
				  of this title. Except as required for Board approval pursuant to §
										181.3(f)
				  of this title (relating to Application for Board Approval of State Securities
				  Issuance), a notice of intention under this subsection is not required prior to
				  each new issuance of commercial paper notes if the notes are issued in
				  conformity with the terms of the commercial paper program that has been
				  approved by the Board or is exempt from approval pursuant to the provisions of
				  §
										181.9
				  of this title.
(b) A notice of
				  intention to issue under subsection (a) of this section shall include:
(1) a brief description of the proposed
				  issuance, including, but not limited to, the purpose, the tentative amount,
				  proposed security, type of interest and any related credit
				  agreements;
(2) the proposed timing
				  of the issuance with a tentative date of sale and a tentative date for closing,
				  or if the state securities are to be issued in the form of commercial paper
				  notes, the period over which the state securities will be issued for projects
				  to be financed;
(3) a request to
				  have the issue of state securities scheduled for consideration by the Board
				  during a specified bi-monthly meeting; and
(4) an agreement to submit the required
				  application described in §
											181.3
				  of this title no later than ten business days prior to the regularly scheduled
				  planning session.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.3 - Application for Board Approval of State Securities Issuance

Current through Reg. 49, No. 28; July 12, 2024
(a) An officer or entity may not issue state
				  securities unless the issuance has been approved by the Board or exempted under
				  law, including by Board rule, from review by the Board. An officer or entity
				  that has not been granted an exemption by statute or Board rule from review by
				  the Board and that proposes to issue state securities shall apply for Board
				  approval by filing an electronic copy, with an authorized signature, of the
				  state debt application or one state debt application with original signatures
				  and eleven copies with the Executive Director of the bond finance office. The
				  Executive Director of the bond finance office shall forward copies of the
				  application to each member of the Board and to the Office of the Attorney
				  General.
(b) Applications must be
				  filed with the bond finance office no later than ten business days prior to the
				  regularly scheduled planning session. Applications filed after that date will
				  be considered at the regular meeting only with the approval of the Chair or two
				  or more members of the Board.
(c)
				  An application for approval of a lease-purchase agreement to be deemed complete
				  must include, but is not limited to:
(1) a
				  completed lease purchase application form in the form required by the bond
				  finance office;
(2) documentation
				  that all necessary approvals of the issuance of the lease purchase have been
				  obtained from the appropriate state boards or state agencies except:
(A) the approval of the state securities by
				  the Attorney General; and
(B)
				  environmental approvals and permits;
(3) draw schedule, if applicable;
(4) proposed amortization schedule;
(5) if the lease purchase is for the
				  acquisition of energy conservation measures, which are subject to a guaranteed
				  energy savings contract, a copy of the proposed contractual agreement, a copy
				  of the third-party review, and any other documentation related to the
				  guarantee; and
(6) Issuer Board
				  resolution(s) authorizing the issuance of a lease purchase or other obligations
				  adopted no earlier than one year prior to the date the lease-purchase
				  application is submitted to the bond finance office.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.4 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The regular meeting of the Board shall be
				  held the Thursday following the third Tuesday of alternate months beginning in
				  January.
(b) The Chair may call
				  additional meetings of the Board and is responsible for filing notice of
				  meetings as required by Chapter 551, Government Code, and giving timely notice
				  of meetings to members of the Board. On the petition of two or more members of
				  the Board, the Chair shall call an additional meeting of the Board or cancel a
				  meeting.
(c) A planning session
				  will be held regarding applications pending before the Board on or before the
				  second Tuesday of alternate months beginning in January. Planning sessions
				  regarding applications to be heard at additional meetings of the Board will be
				  held as far in advance of the additional Board meeting as is practicable, and
				  applications to be considered at additional meetings of the Board will need to
				  be submitted to the bond finance office pursuant to §181.3(a) no later
				  than ten business days in advance of the planning session scheduled for the
				  additional Board meeting.
(1) At a planning
				  session, Board members, their designated representatives, or their staff
				  representatives may discuss pending applications.
(2) Applicants may be required to attend a
				  planning session and may be asked to make a presentation and answer questions
				  regarding their application. Applicants may be asked to submit written answers
				  to questions regarding their application in lieu of, or in addition to, their
				  attendance at a planning session.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.5 - Submission of Final Report

Current through Reg. 49, No. 28; July 12, 2024
(a) Within 60
				  days after the delivery of the state securities and receipt of the state
				  security proceeds, the issuer shall submit one electronic copy or one original
				  of a final report in the form required by the bond finance office.
(1) For state securities issued in the form
				  of lease purchases, the reporting requirements of subsection (b) of this
				  section shall be applicable.
(2)
				  For state securities issued in the form of commercial paper notes, the
				  reporting requirements of subsection (c) of this section shall be
				  applicable.
(3) A final report for
				  state securities, other than lease-purchases and commercial paper, must
				  include, but is not limited to:
(A) all actual
				  costs of issuance as well as the underwriting spread for competitive
				  financings, the private placement fee for private placements, all closing
				  costs, and any other costs incurred during the issuance process;
(B) a complete bond transcript, including the
				  preliminary official statement and the final official statement, private
				  placement memorandum, if applicable, or any other offering documents as well as
				  all other executed documents pertaining to the issuance of the state
				  security.
(4) Issuers of
				  state securities that have entered into interest rate management agreements
				  relating to the securities shall provide to the bond finance office in
				  electronic form, as applicable, a copy of all schedules to the Master Agreement
				  and/or the Credit Support Annex including transaction confirmations.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.6 - Official Statement

Current through Reg. 49, No. 28; July 12, 2024
The official statement or any other offering documents
					 prepared in connection with issuance of state securities approved by the Board
					 must conform, to the extent feasible, to the most recent Disclosure Guidelines
					 for State and Local Government Securities published by the Government Finance
					 Officers Association.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.7 - Designation of Representation

Current through Reg. 49, No. 28; July 12, 2024
A member of the board may designate another person to
					 represent the member on the board by filing a designation to that effect with
					 the Executive Director of the bond finance office. A designation of
					 representation filed under this section is effective until revoked by a
					 subsequent filing by the member with the bond finance office. During the time a
					 designation of representation is in effect, the person designated has all
					 powers and duties as a member of the board, except the authority to make a
					 designation under this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.8 - Assistance of Agencies

Current through Reg. 49, No. 28; July 12, 2024
A member of the board may request the Legislative Budget
					 Board, the Office of the Attorney General, or any other state agency to assist
					 the member in performing duties as a member of the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.9 - State Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board may
				  exempt certain state securities from formal approval by the Board. Exemptions
				  include the following:
(1) Texas Department
				  of Housing and Community Affairs multifamily conduit housing transactions are
				  exempt unless seeking an ad valorem tax reduction or exemption.
(2) Texas State Affordable Housing
				  Corporation multifamily conduit housing transactions are exempt unless seeking
				  an ad valorem tax reduction or exemption.
(3) Texas Public Finance Authority Charter
				  School Finance Corporation conduit transactions are exempt.
(4) State securities secured by the general
				  revenues of the state issued by the Veterans Land Board, the Texas Water
				  Development Board or the Higher Education Coordinating Board determined by the
				  Executive Director to be self-supporting and state securities issued by the
				  Texas Water Development Board pursuant to the state revolving fund program
				  under Chapter 15, Subchapter J, Water Code and Chapter 17, Subchapter I, Water
				  Code.
(5) Self-supporting revenue
				  state securities issued by the Texas Public Finance Authority, at the request
				  of and on behalf of, the Texas Windstorm Insurance Association.
(6) State securities that are advance
				  refunding or refinancing transactions that have a net present value savings of
				  at least 3%; current refunding or refinancing transactions that have a net
				  present value savings of at least 2%; refunding or refinancing transactions
				  that are removing restrictive bond covenant requirements; or self-supporting
				  revenue security issues that have no general revenue impact to the
				  state.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.10 - State Debt Issuer Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  issuers of state securities must file state debt issuer reports electronically
				  or in original format with the bond finance office on a semi-annual basis.
				  Reports shall be submitted no later than March 15 for the six-month period
				  ending the last day of February and no later than September 15 for the
				  six-month period ending August 31.
(b) The semi-annual reports shall include but
				  are not limited to:
(1) an explanation of any
				  change during the fiscal year previous to the deadline for this report, in the
				  debt-retirement schedule for any outstanding state security issue (e.g.
				  exercise of redemption provision, conversion from short-term to long-term
				  securities, etc.);
(2) a
				  description of any state security issues expected during the fiscal year,
				  including type of issue, estimated amount, and expected month of
				  sale;
(3) a list of all state
				  security issues outstanding and corresponding debt service schedules for all
				  securities outstanding in a digital and hard copy format; and
(4) a list of all interest rate management
				  agreements, including the associated issue name, effective and termination
				  dates, original and current notional amounts, terms of the agreement (fixed
				  rate paid/variable rate received, variable rate paid/variable rate received),
				  and mark-to-market value.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.11 - Report on State Lending and Credit Support Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) A state agency or political subdivision
				  of this state must file a report on state lending and credit support programs
				  in electronic format, and in a manner directed by the Board, with the bond
				  finance office. Reports shall be submitted in electronic format no later than
				  September 15 of each even-numbered year for the prior two fiscal year periods
				  ending August 31.
(b) For each
				  lending program, the report shall include but is not limited to:
(1) Program name;
(2) Detailed description of the
				  program;
(3) Number of loans
				  outstanding separated by program;
(4) Policies and guidelines for all lending
				  programs including policies and procedures in place for each program to
				  mitigate the risk of future default in the program;
(5) Citation to the law authorizing the
				  program;
(6) Total amount of state
				  money lent through the lending program;
(7) Total amount of debt supported by the
				  lending program;
(8) Total dollar
				  amount of outstanding loans separated by program;
(9) Reasonable estimate of the costs of
				  default associated with the program, computed in accordance with private-sector
				  accounting standards for credit or other losses. The estimate shall include all
				  assumptions, factors, formulas, and analysis used to calculate the cost of
				  default;
(10) Current default rate
				  of program;
(11) Highest default
				  rate experienced in program;
(12)
				  Total amount of principal and interest payments received from
				  borrowers;
(13) Total amount of
				  principal and interest payments in default;
(14) Assets, if any, pledged as collateral to
				  secure existing loans;
(15) For
				  each of the items described in paragraphs (6) through (14) of this subsection
				  provide total amount broken down by each entity in the lending structure, if
				  the public or private entity receiving funds also lends the money to another
				  public entity or private entity. Provide the total amounts for each entity;
				  and
(16) Any additional information
				  required by the Board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 181 - BOND REVIEW BOARD › Subchapter A - BOND REVIEW RULES › Section 181.12 - Charges for Public Records

Current through Reg. 49, No. 28; July 12, 2024
The charge to any person requesting copies of any public
					 records of the Texas Bond Review Board will be the charge established by the
					 Texas Building and Procurement Commission; however, the Texas Bond Review Board
					 will charge the following amounts necessary to recoup the costs of items as
					 follows:
(1) computer resources
				  charges (mainframe and programming time), as determined by the Department of
				  Information Resources.
(2) copies
				  of public records shall be furnished without charge or at a reduced charge if
				  the Executive Director determines that waiver or reduction of the fee is in the
				  public interest because furnishing the information can be considered as
				  primarily benefiting the general public.
(3) any additional reasonable cost will be
				  added at actual cost, with full disclosure to the requesting party as soon as
				  it is known.
(4) a reasonable
				  deposit may be required for requests where the total charges are over
				  $200.
(5) all requests will be
				  treated equally. The Executive Director may exercise discretion in waiving
				  charges.
(6) if records are
				  requested to be inspected instead of receiving copies, access will be by
				  appointment only during regular business hours of the agency and will be at the
				  discretion of the Executive Director.
(7) confidential documents will not be made
				  available for examination or copying except under court order or other
				  directive.
(8) all open records
				  requests will be referred to the Executive Director or designee before the
				  agency staff will release the information.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 190 - ALLOCATION OF STATE'S LIMIT ON CERTAIN PRIVATE ACTIVITY BONDS › Subchapter A - PROGRAM RULES › Section 190.6 - Expiration Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) A certificate of
				  reservation for an application within the categories described by Government
				  Code §
										1372.022(a)(1) and
				  (2) shall expire at the close of business on
				  the 210th calendar day after the date on which the reservation is given. A
				  certificate of reservation for an application within the category described by
				  Government Code §
										1372.022(a)(4),
				  or an application for a qualified residential rental project contained in
				  category Government Code §
										1372.022(a)(5),
				  shall expire at the close of business on the 180th calendar day after the date
				  on which the reservation is given. A certificate of reservation for an
				  application within the categories described by Government Code §
										1372.022(a)(3) and
				  (5), excluding applications for qualified
				  residential rental projects contained in category Government Code §
										1372.022(a)(5),
				  shall expire at the close of business on the 150th calendar day after the date
				  on which the reservation is given. A certificate of reservation for an
				  application for a qualified nonprofit corporation issuer of qualified student
				  loan bonds shall expire at the close of business on the 210th calendar day
				  after the date on which the reservation is given.
(b) Prior to the expiration date of the
				  reservation, the issuer may give notice to the board that the reservation will
				  not be used, and the amount will be added to the appropriate state
				  ceiling.
(c) If an issuer for an
				  application within the category described by Government Code §
										1372.022(a)(4),
				  or an application for a qualified residential rental project contained in
				  category Government Code §
										1372.022(a)(5)
				  fails to close on the bonds on or before the 180th calendar day after which the
				  reservation was granted and fails to withdraw the application on or before the
				  150th calendar day after which the reservation was granted, the issuer must pay
				  the full closing fee provided by Government Code §
										1372.006(b)
				  not later than the 185th calendar day after which the reservation was granted.
				  The issuer will not receive a subsequent reservation of allocation or be
				  permitted to file an application for reservation until the fee has been paid to
				  the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 190 - ALLOCATION OF STATE'S LIMIT ON CERTAIN PRIVATE ACTIVITY BONDS › Subchapter A - PROGRAM RULES › Section 190.7 - Cancellation, Withdrawal and Penalty Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) If the issuer does not timely submit the
				  bond authorization requirements described in §
										190.3(c)
				  of this title (relating to Filing Requirements for Applications for
				  Reservation), the issuer's reservation is cancelled. If the reservation is
				  cancelled, then the issuer must follow the requirements outlined in Government
				  Code §
										1372.039.
(b) If the closing documents are not received
				  within five business days after the closing as described in §
										190.3(e)
				  of this title, the issuer's reservation is cancelled. During the 150-day period
				  beginning on the reservation date of the cancelled reservation for applications
				  within the categories described by Government Code §
										1372.022(a)(3)
				  and (5), excluding applications for qualified
				  residential rental projects contained in category Government Code §
										1372.022(a)(5),
				  the 180-day period for an application within the category described by
				  Government Code §
										1372.022(a)(4),
				  or an application for a qualified residential rental project contained in
				  category Government Code §
										1372.022(a)(5),
				  and the 210-day period for an application within the categories described by
				  §1372.022(a)(1) and (2) as well as applications for qualified student loan
				  bonds:
(1) the issuer or any other issuer may
				  not submit an application for a reservation for the same project; and
(2) the issuer is eligible for a carryforward
				  designation for the project only as provided by the Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 9 - TEXAS BOND REVIEW BOARD › Chapter 190 - ALLOCATION OF STATE'S LIMIT ON CERTAIN PRIVATE ACTIVITY BONDS › Subchapter A - PROGRAM RULES › Section 190.8 - Notices, Filings, and Submissions

Current through Reg. 49, No. 28; July 12, 2024
(a) All notices,
				  certificates, and written communications from the board shall be deemed to have
				  been given when sent via electronic mail. Notwithstanding any other provision
				  of this rule, certificates of reservation may, at the request of the borrower,
				  be picked up by hand or delivered by courier or other delivery service, in any
				  case at the expense of the borrower or issuer and shall be deemed to have been
				  given when received by the courier or delivery service.
(b) Applications, notices, and other written
				  communication to and filings with the board may be mailed or delivered to the
				  Bond Review Board, William P. Clements State Office building, 300 West 15th
				  Street, Suite 409, Austin, Texas 78701 or sent by electronic mail.
(c) Fees must be made payable to the Texas
				  Bond Review Board.
(d) Fees should
				  be sent by either:
(1) check through overnight
				  delivery and addressed as follows: Comptroller of Public Accounts Item
				  Processing - Lockbox Section 208 E. 10th St. Austin, Texas 78701; or
(2) electronically to the Texas Bond Review
				  Board account via the Comptroller of Public Accounts Automated Clearing House
				  (ACH) Transfer Portal.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 221 - DISTRIBUTION OF BOND PROCEEDS › Section 221.1 - Purpose of the Rules

Current through Reg. 49, No. 28; July 12, 2024
The following sections set forth the policies and procedures
				  which will be used by the Texas Public Finance Authority relating to the
				  issuance of bonds and disbursement of bond proceeds.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 221 - DISTRIBUTION OF BOND PROCEEDS › Section 221.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--The Texas Public
				Finance Authority Act, Texas Government Code, Chapter 1232.
(2) Authority--The Texas Public Finance
				Authority, together with any successor to its duties and functions.
(3) Board--The board of directors of the
				authority, the governing body of the authority.
(4) Bond Review Board--The Bond Review Board
				as created by the Texas Legislature pursuant to Texas Government Code, Chapter
				1231, or any successor to its duties and functions.
(5) Bonds--Public securities issued by the
				authority pursuant to a constitutional provision and the Act, the Act, or other
				legislation, including bonds, notes and commercial paper.
(6) Capitalized interest--That portion of the
				proceeds of bonds which represents interest to be capitalized and payable prior
				to completion of acquisition, construction, or renovation of the projects being
				financed with such bonds.
(7)
				Client Agency--A state agency or institution of higher education, or other
				entity on whose behalf the board may issue bonds.
(8) Code--The Internal Revenue Code of
				1986.
(9) Commercial paper
				notes--Variable rate public securities that mature in not more than 270 days
				and issued by the authority pursuant to a constitutional provision and the Act,
				the Act, or other legislation.
(10)
				Comptroller--The Comptroller of Public Accounts of the State of Texas, or any
				successor thereto.
(11)
				Constitutional provision--A provision of the Texas Constitution that authorizes
				the issuance of general obligation bonds by the authority; namely: Article III,
				§49-h; Article III, §49(e); Article III, §49(i); Article III,
				§49-l; Article III, §49-n; Article III, §50-f; Article III,
				§50-g; or Article III, §67.
(12) Construction schedule--The time period
				and sequence of action during which the actual construction of a project or
				projects is planned to be accomplished.
(13) Costs of issuance--The costs related to
				the issuance of any issue of bonds, including, but not limited to:
(A) financing charges, including insuring
				principal and interest payment on the bonds or obtaining other credit
				enhancement for the bonds;
(B)
				professional fees and expenses, including architectural, engineering,
				surveying, and legal services;
(C)
				administrative expenses of the authority to the extent provided by
				law;
(D) the authority's or the
				paying agent/registrar's charges and expenses;
(E) rating agency fees;
(F) bond printing expenses; and
(G) such other expenses as may be necessary
				or incident to issuing and marketing of the bonds.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 221 - DISTRIBUTION OF BOND PROCEEDS › Section 221.3 - Bond Issuance Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Preliminary
				Requirements. Following a legislative session in which bonds have been
				authorized for a project, the authority and the client agency will confirm
				basic information concerning the bond issue, such as the time, amount, and
				scope of the project, and schedule an orientation meeting at their mutual
				convenience. In most cases, a formal orientation meeting will be required and
				such a meeting should occur before the authority must begin work on the bond
				issue, but after the client agency has had sufficient time to prepare a
				preliminary plan for the project.
(1) As part
				of the orientation, the authority will provide the client agency the following
				information:
(A) an explanation of the bond
				issuance process in plain language;
(B) a review of the specific tasks required
				for a bond issue and the time needed for such tasks;
(C) a review of the documents, other
				information, if any, and time requirements applicable to the client agency's
				request for financing; and
(D) an
				identification of the authority's staff and outside consultants who will work
				on the financing, by name and function.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 221 - DISTRIBUTION OF BOND PROCEEDS › Section 221.4 - Criteria for Issuance of Public Securities

Current through Reg. 49, No. 28; July 12, 2024
(a) The authority shall not issue a public
				security to finance any project or cost related thereto, unless:
(1) the project has been specifically
				authorized by the Act, the General Appropriations Act, or other applicable
				law;
(2) the board has approved the
				request for financing and has determined to proceed with the issuance of public
				securities;
(3) the governing body
				of the client agency requesting such financing has authorized the execution of
				a memorandum of understanding between the client agency and the authority
				relating to the specific public securities program and has agreed to necessary
				financing documents as may be appropriate and consistent with these
				sections;
(4) the public securities
				issuance and the projects have been reviewed and approved by the Bond Review
				Board or any other agency required to review such bond proceedings or approve
				projects as authorized by law;
(5)
				the governing body of the client agency has by resolution authorized the
				execution and performance of the financing documents; and
(6) the board has approved the related
				financing documents.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 221 - DISTRIBUTION OF BOND PROCEEDS › Section 221.6 - Complaints to the Authority

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the requirements of §1232.113(e) of
				  the Act, the authority will notify client agencies of the name, mailing
				  address, and telephone number of the authority for the purpose of directing
				  complaints to the authority by posting such information on the authority's
				  website, by direct mail, and by distributing a fact sheet on the authority
				  during the orientation meeting described in §
									221.3 of
				  this title (relating to the Bond Issuance Process) of this Chapter
				  221.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 223 - HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM › Section 223.1 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
The authority adopts by reference the rules promulgated by
				  the Comptroller of Public Accounts concerning Historically Underutilized
				  Businesses, which are found in 34 Texas Administrative Code, Chapter 20,
				  Subchapter B. A copy of the rules may be obtained by request to the Authority,
				  attention, Executive Director, 300 W.15th Street, Austin, Texas 78701, or by
				  accessing the rules at: http://www.sos.state.tx.us/.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 225 - MASTER LEASE PURCHASE PROGRAM › Section 225.1 - Purpose of the Rules

Current through Reg. 49, No. 28; July 12, 2024
This chapter concerns the administration of the Master Lease
				  Purchase Program authorized by Texas Government Code, §
									1232.103.
				  This chapter defines certain terms pertaining to the operation of the Master
				  Lease Purchase Program, identifies the responsibilities of various parties in
				  administering the Master Lease Purchase Program, and establishes basic
				  procedures under which state agencies may participate in the Master Lease
				  Purchase Program.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 225 - MASTER LEASE PURCHASE PROGRAM › Section 225.7 - Recovery of Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) The authority
				may recover its administrative costs by assessing each client agency on a pro
				rata basis for reimbursement of administrative costs. This pro rata
				reimbursement shall be calculated no more frequently than semi-annually to
				cover the ongoing costs of the program. The exact amount assessed each client
				agency shall be separately disclosed on the debit memo to be submitted to each
				client agency at least one month in advance of collection. In no event shall
				administrative costs assessed each client agency exceed 1 1/2% per annum of
				their pro rata participation in the program.
(b) The costs of issuance shall be calculated
				on a pro rata basis for each client agency and included as an addition to
				principal along with the purchase price of the eligible project, if
				necessary.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 227 - ADMINISTRATION › Section 227.1 - Authority's Policy on the Use of Alternative Dispute Resolution Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the Authority's policy to encourage
				the use of alternative dispute resolution (ADR) procedures to resolve disputes
				internally and externally when it best serves the public interest as determined
				by the Executive Director after consultation with the Authority's Dispute
				Resolution Coordinator. ADR procedures are intended to supplement and not limit
				other dispute resolution procedures available for use by the
				Authority.
(b) The Authority adopts
				by reference the model guidelines for Alternative Dispute Resolution Procedures
				developed by the State Office of Administrative Hearings (Model Guidelines).
				The Model Guidelines are located at the State Office of Administrative Hearings
				internet website:
http://www.soah.state.tx.us/about-us/mediations/model_guidelines.asp
(c) The General Counsel is designated the
				Authority's Dispute Resolution Coordinator to provide training, to coordinate
				the implementation of the policy, to serve as a resource for any training
				needed to implement alternative dispute resolution procedures, and to collect
				data concerning the effectiveness of the implemented procedures.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 227 - ADMINISTRATION › Section 227.3 - Use of Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) It
				is the Authority's policy to encourage public participation in the rulemaking
				process whether rulemaking is undertaken pursuant to traditional rulemaking
				procedures under Government Code Chapter 2001 or negotiated rulemaking
				procedures under Government Code Chapter 2008.
(b) In determining whether to use negotiated
				rulemaking in lieu of traditional rulemaking procedures, the Authority will
				consider:
(1) whether a negotiated
				rulemaking:
(A) is more likely to result in
				workable or reasonable rule; or
(B)
				to offer opportunity for a creative solution to a problem; or
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 10 - TEXAS PUBLIC FINANCE AUTHORITY › Chapter 227 - ADMINISTRATION › Section 227.5 - Use of Alternative Dispute Resolution Procedures for Contract Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) The Authority adopts by reference the
				model guidelines for resolving disputes with contractors developed by the State
				Office of Administrative Hearings and the Office of the Attorney General (Model
				Guidelines for Contract Claims). The Model Guidelines for Contract Claims are
				located at the Office of Attorney General's internet website:
https://www.oag.state.tx.us/notice/model_rules.pdf
(b) Upon receipt of notice of a contract
				claim under Government Code Chapter 2260, the Executive Director in
				consultation with the Authority's Dispute Resolution Coordinator shall
				determine whether use of an alternative dispute resolution (ADR) procedure is
				an appropriate method for resolving the dispute.
(c) If use of an ADR procedure is determined
				to be an appropriate method for resolving a contract claim, the Executive
				Director shall recommend to the claimant that the parties use the Model
				Guidelines for Contract Claims to structure a negotiation or mediation process
				in a manner that is most appropriate for the particular dispute considering the
				contract's complexity, subject matter, dollar amount, or method and time of
				performance.
(d) If the claimant is
				amenable to use of an ADR procedure to resolve the claimant's dispute with the
				Authority, the Authority's General Counsel and Dispute Resolution Coordinator,
				if not the General Counsel, will collaborate with the claimant to select an
				appropriate procedure for dispute resolution, and will implement the agreed
				upon procedure using the Model Guidelines for Contract Claims.