SRC-CDH H.B. 2798 75(R)    BILL ANALYSIS


Senate Research CenterH.B. 2798
By: Marchant (Carona)
Finance
5-13-97
Engrossed


DIGEST 

Currently, tax-exempt debt is restricted in the private purposes for which
it can be issued and the amount of private activity, tax-exempt debt which
can be issued in each state during each calendar year.  This limitation is
known as the "state ceiling" or "volume cap," and is calculated as $50 per
capita each year.  It is at each state's discretion as to how to allocate
the volume cap to best serve the interests of the state.  In Texas, the
allocation is determined by statute in Article 5190.9a, V.T.C.S., and the
Private Activity Bond Allocation Program is administered by the Bond
Review Board (BRB).  H.B. 2798 increases the flexibility of BRB by
changing the amounts of sub-ceilings for some of the categories that have
a reservation, and creating a new subceiling for local issuers of student
loan bonds.  

PURPOSE

As proposed, H.B. 2798 establishes provisions regarding tax-exempt private
activity bonds. 
  
RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1, Article 5190.9a, V.T.C.S., effective January
1, 1998, to redefine "local population," and to define "project" and
"qualified student loan bond."  Makes conforming changes.  

SECTION 2. Amends Section 2, Article 5190.9a, V.T.C.S., effective January
1, 1998, to provide that, prior to September 1, 31.5, rather than 28,
percent of the state ceiling is available exclusively for reservations by
issuers of qualified mortgage bonds; 13, rather than 17.5, percent of the
state ceiling is available exclusively for reservations by certain issuers
of state-voted issues; 7.5, rather than five, percent of the state ceiling
is available exclusively for reservations by issuers of qualified
residential rental project issues; 11 percent of the state ceiling is
available exclusively for reservations by certain issuers of qualified
student loan bonds; and 29.5, rather than 42, percent of the state ceiling
is available exclusively for reservations by all other issuers of bonds
requiring an allocation.  Sets forth the terms by which the incremental
amount of state-voted ceiling requested in excess of a certain amount will
be removed from the state ceiling available to other issuers and will be
made available for those additional state-voted applications.  Makes
conforming changes. 

SECTION 3. Amends Section 3(c), Article 5190.9a, V.T.C.S., effective
January 1, 1998, to prohibit the Bond Review Board (board) from granting a
reservation of a portion of the state ceiling to any issuer prior to
January 2, rather than January 10.  Sets forth the procedure for granting
reservations if two or more issuers apply for a reservation of state
ceiling for the upcoming program year in certain categories on or before
October 20, rather than January 10.  Deletes a provision relating to
second category priorities. Requires second, rather than third category of
priority to include those applications for a reservation not included in
the first category, rather than the first and second categories. Provides
that a priority under Subsection (c)(1) of an issuer composed of more than
one jurisdiction is not affected by the issuer's loss of a sponsoring
governmental unit and that unit's population base if the dollar amount of
the application has not increased.  Requires reservations to be granted in
reverse calender year order of the most recent closing of qualified
mortgage bonds  applicable to each housing finance corporation
(corporation).  Sets forth the terms by which the most recent closing
applicable to certain housing finance corporations is the most recent
closing of qualified mortgage bonds by the corporation.  Provides that in
no event will a corporation or its sponsoring local government be allowed
to achieve an advantage in the determination of its last closing date by
certain methods.  Sets forth the procedure for granting reservations if
two or more higher education authorities apply for a reservation for the
upcoming year in a certain category on or before October 20.  Deletes a
provision relating to priority of certain issuers composed of more than
one jurisdiction.  Makes conforming changes. 

SECTION 4. Amends Section 3(a), Article 5190.9a, V.T.C.S., effective
January 1, 1998, to prohibit an issuer, prior to September 1, from
receiving reservations in excess of a certain amount for any one project.
Deletes provisions relating to higher education authorities. 

SECTION 5. Amends Sections 3(d) and (e), Article 5190.9a, V.T.C.S., to
prohibit an application for a reservation from being submitted and a
reservation from being granted after December 1 of the current program
year.  Makes a conforming change. 

SECTION 6. Amends Section 4(a), Article 5190.9a, V.T.C.S., effective
January 1, 1998, to authorize an application for a reservation for a
particular program year to be filed by an issuer on or after October 10 of
the preceding year, rather than January 2.  Requires the application to be
on a form which includes a statement by the issuer that bonds are not
being issued based on the issuer's population, with certain exceptions.    

SECTION 7. Amends Section 4(c), Article 5190.9a, V.T.C.S., to make
conforming changes. 

SECTION 8. Amends Section 6(c), Article 5190.9a, V.T.C.S., to make
conforming changes. 

SECTION 9. Amends Sections 7(a) and(c), Article 5190.9a, V.T.C.S., to
require certain issuers to close on the bonds for which a reservation has
been granted not later than the 120th, rather than the 90th, day after the
reservation date.  Requires an issuer of qualified mortgage revenue bonds
to close on the bonds for which a reservation has been granted not later
than the 180th day after the reservation date. Provides that if the issuer
does not timely close on the bonds, the issuer's reservation is canceled
and during the 150-day, rather than 120-day, period beginning on the
reservation date of the canceled reservation, or during the 210-day period
beginning on the reservation date of the canceled reservation for Section
2(b)(1) issuers, certain conditions apply. 

SECTION 10. Effective date:  upon passage, except as otherwise provided by
this Act. 

SECTION 11. Emergency clause.