1-1     By:  Marchant (Senate Sponsor - Carona)               H.B. No. 2798

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Finance;

 1-4     May 16, 1997, reported favorably by the following vote:  Yeas 9,

 1-5     Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to tax-exempt private activity bonds.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Effective January 1, 1998, Section 1, Chapter

1-11     1092, Acts of the 70th Legislature, Regular Session, 1987 (Article

1-12     5190.9a, Vernon's Texas Civil Statutes), is amended to read as

1-13     follows:

1-14           Sec. 1.  DEFINITIONS.  For purposes of this Act:

1-15                 (1)  "Available" means any amount of the state ceiling

1-16     set aside for reservations by an issuer upon compliance with the

1-17     terms of this Act.

1-18                 (2)  "Board" means the bond review board created under

1-19     Chapter 1078, Acts of the 70th Legislature, Regular Session, 1987

1-20     (Article 717k-7, Vernon's Texas Civil Statutes).

1-21                 (3)  "Bonds" means and includes all bonds,

1-22     certificates, notes, and other obligations authorized to be issued

1-23     by any issuer by any statute, city home-rule charter, or the Texas

1-24     Constitution and which are subject to the limitations of Section

1-25     146 of the code.

1-26                 (4)  "Close" or "closing" means the issuance and

1-27     delivery of bonds by an issuer in exchange for the required payment

1-28     therefor, or in the case of mortgage credit certificates, the date

1-29     when an issuer elects not to issue qualified mortgage bonds and

1-30     establish a mortgage credit certificate program under Section 25 of

1-31     the code.  The term does not include a delivery of bonds if the

1-32     expenditure of the proceeds of the bonds is conditioned on

1-33     obtaining credit enhancement in support of the bonds.

1-34                 (5)  "Code" means the Internal Revenue Code of 1986,

1-35     as the same from time to time may be amended.

1-36                 (6)  "Housing finance corporation" means a corporation

1-37     created under Chapter 394, Local Government Code (Texas Housing

1-38     Finance Corporations Act).

1-39                 (7)  "Issuer" means any department, board, authority,

1-40     agency, subdivision, municipal corporation, political subdivision,

1-41     body politic, or instrumentality of the State of Texas of every

1-42     kind or type whatsoever and any nonprofit corporation acting for or

1-43     on behalf of any of the foregoing.

1-44                 (8)  "Local population" means the population in the

1-45     local government [governmental] unit or units on whose behalf the

1-46     housing finance  corporation is created as determined in the most

1-47     recent federal census.  If two local government [governmental]

1-48     units which overlap have created housing finance corporations that

1-49     have the power to issue bonds to provide financing for home

1-50     mortgages, prior to the submission of the application for

1-51     reservation or carryforward by either corporation there shall be

1-52     excluded from the population of the larger local government

1-53     [governmental] unit that portion of the population of any smaller

1-54     local government [governmental] unit having a population as

1-55     determined in the most recent federal census of 20,000 or more

1-56     which is within the larger local government [governmental] unit,

1-57     unless the smaller local government [governmental] unit assigns its

1-58     authority to issue bonds, based upon its population, to the larger

1-59     local government [governmental] unit.  For purposes of this Act,

1-60     the term "local government" has ["local governmental unit" shall

1-61     have] the same meaning as in Chapter 394, Local Government Code

1-62     (Texas Housing Finance Corporations Act).

1-63                 (9)  "Locally voted issue" means an issue of bonds

1-64     which has been authorized pursuant to a referendum approved by the

 2-1     voters of a political  subdivision of the State of Texas.

 2-2                 (10)  "Mortgage credit certificate" means a certificate

 2-3     of the nature described in Section 25 of the code.

 2-4                 (11)  "Private activity bond" has the meaning given

 2-5     that term under Section 141(a) of the code.

 2-6                 (12)  "Project" means any eligible facility, as

 2-7     described in the application for reservation or carryforward,

 2-8     proposed to be financed, in whole or in part, by an issue of bonds.

 2-9     With respect to qualified mortgage bonds or student loan bonds, the

2-10     board shall consider the project or purpose to be the provision of

2-11     financial assistance to qualifying mortgagors or students within

2-12     all or any portion of the jurisdiction of the issuer.  For purposes

2-13     of this definition, jurisdiction of the issuer is determined on the

2-14     date the application for reservation is delivered to the board.

2-15                 (13)  "Qualified bond" has the meaning given that term

2-16     under Section 141(e) of the code.

2-17                 (14) [(13)]  "Qualified mortgage bond" has the meaning

2-18     given that term under Section 143(a) of the code; and for the

2-19     purposes of this Act, the term "qualified mortgage bond" shall

2-20     include mortgage credit certificates.

2-21                 (15) [(14)]  "Qualified small issue bond" has the

2-22     meaning given that term under Section 144(a) of the code.

2-23                 (16)  "Qualified student loan bond" has the meaning

2-24     given that term under Section 144(b) of the code.

2-25                 (17) [(15)]  "Related person" has the meaning given

2-26     that term under Section 144(a)(3) of the code.

2-27                 (18) [(16)]  "Reservation" means a reservation of a

2-28     portion of the state ceiling for a specific bond issue.

2-29                 (19) [(17)]  "State-voted issue" means an issue of

2-30     bonds which has been authorized pursuant to a statewide referendum

2-31     approved by the voters  of the State of Texas.

2-32                 (20) [(18)]  "State ceiling" means the amount of

2-33     authority in the State of Texas to issue tax-exempt private

2-34     activity bonds during the  calendar year, as determined under

2-35     Section 146(d) of the code.

2-36                 (21) [(19)]  "Qualified residential rental project

2-37     issue" means an issue of bonds for a qualified residential rental

2-38     project, as that term is defined under Section 142(d) of the code.

2-39                 (22) [(20)]  "Tax-exempt enterprise zone facility

2-40     bonds" has the meaning given that term under Section 1394 of the

2-41     code.

2-42           SECTION 2.  Effective January 1, 1998, Section 2, Chapter

2-43     1092, Acts of the 70th Legislature, Regular Session, 1987 (Article

2-44     5190.9a, Vernon's Texas Civil Statutes), is amended to read as

2-45     follows:

2-46           Sec. 2.  ALLOCATION AND RESERVATION SYSTEM.  (a)  The state

2-47     ceiling for each calendar year is allocated to issuers that issue

2-48     private activity bonds.  Except as provided by Section 3 of this

2-49     Act, reservations are granted in the order of receipt by the board

2-50     of an application for a reservation, regardless of the amount of

2-51     the issue.

2-52           (b)  Prior to September 1, (1) 31.5 [28] percent of the state

2-53     ceiling is available exclusively for reservations by issuers of

2-54     qualified mortgage bonds, (2) 13 [17.5] percent of the state

2-55     ceiling is available exclusively for reservations by issuers of

2-56     state-voted issues for the purpose of issuing a state-voted issue,

2-57     (3) 7.5 percent of the state ceiling is available exclusively for

2-58     reservations by issuers of qualified small issue bonds and

2-59     tax-exempt enterprise zone facility bonds, (4) 7.5 [five] percent

2-60     of the state ceiling is available exclusively for reservations by

2-61     issuers of qualified residential rental project issues; [and] (5)

2-62     11 percent of the state ceiling is available exclusively for

2-63     reservations by issuers of qualified student loan bonds authorized

2-64     by Section 53.47, Education Code; and (6) 29.5 [42] percent of the

2-65     state ceiling is available exclusively for reservations by all

2-66     other issuers of bonds requiring an allocation.

2-67           (c)  If applications for state-voted issues received prior to

2-68     January 2, from issuers described in Subsection (b)(2) of this

2-69     section, total more than 13 percent of the available state ceiling

 3-1     for that program year, the incremental amount of state-voted

 3-2     ceiling requested in excess of 13 percent, up to 17.5 percent of

 3-3     state ceiling, will be removed from the state ceiling available to

 3-4     other issuers on January 2 and made available for those additional

 3-5     state-voted applications.  The remaining portion of state ceiling

 3-6     will be made available according to Subsection (b) of this section.

 3-7           (d)  Of that portion of the state ceiling that is available

 3-8     exclusively for reservations by issuers of qualified mortgage

 3-9     bonds, one-third of said portion shall be made available

3-10     exclusively to the Texas Department of Housing and Community

3-11     Affairs for the purpose of issuing qualified mortgage bonds until

3-12     August 25.

3-13           (e) [(d)]  On and after September 1, that portion of the

3-14     state ceiling available for reservations shall become available to

3-15     any issuer for any bonds requiring an allocation, subject to the

3-16     provisions of Section 3 of this Act.

3-17           (f) [(e)]  If any particular type of bonds do not qualify on

3-18     January 2 of any year for treatment as tax-exempt obligations under

3-19     the provisions of the code, then the provisions of Subsection

3-20     (b)(1), (2), (3), (4), [or] (5), or (6) of this section, as

3-21     applicable, shall be of no effect for such year, and the portion of

3-22     the state ceiling that is available exclusively for reservations by

3-23     issuers of the type of applicable bonds shall be reallocated

3-24     proportionately by March 1 for reservations by each other category

3-25     of issuers under Subsection (b) of this section.

3-26           (g) [(f)]  Subsection (f) [(e)] of this section does not

3-27     apply to qualified mortgage bonds made available exclusively to the

3-28     Texas Department of Housing and Community Affairs under Subsection

3-29     (d) [(c)] of this section.

3-30           (h) [(g)]  In addition to the amount provided in Subsection

3-31     (d) [(c)] of this section, $20,000,000 in reservations for each

3-32     year for the years 1996 and 1997 is available to the Texas

3-33     Department of Housing and Community Affairs from that portion of

3-34     the state ceiling that is available exclusively for reservations by

3-35     issuers of qualified mortgage bonds for the purpose of issuing

3-36     qualified mortgage bonds until August 25.

3-37           (i) [(h)]  A bond issued for the reservation made by

3-38     Subsection (h) [(g)] of this section must:

3-39                 (1)  be used to finance or refinance single-family home

3-40     construction, reconstruction, or acquisition or to finance or

3-41     refinance contracts for deed for single-family housing; and

3-42                 (2)  target families that earn 60 percent or less of

3-43     the median family income in a colonia, as defined by Section 916 of

3-44     Pub. L. No. 101-625.

3-45           SECTION 3.  Effective January 1, 1998, Section 3(c), Chapter

3-46     1092, Acts of the 70th Legislature, Regular Session, 1987 (Article

3-47     5190.9a, Vernon's Texas Civil Statutes), is amended to read as

3-48     follows:

3-49           (c)  The board shall not grant a reservation of a portion of

3-50     the state ceiling to any issuer prior to January 2 [10].  If two or

3-51     more issuers apply for a reservation of state ceiling for the

3-52     upcoming program year in a category described in Subsections

3-53     (b)(2), (b)(3), (b)(4), and (b)(6) [(b)(5)] of Section 2 of this

3-54     Act on or before October 20 [January 10], reservations within that

3-55     category shall be granted from the state ceiling available in that

3-56     category in an order determined by the board by lot.  If two or

3-57     more housing finance corporations apply for a reservation of state

3-58     ceiling for the upcoming program year in the category described by

3-59     Section 2(b)(1) of this Act on or before October 20 [January 10],

3-60     reservations within that category shall be granted from the state

3-61     ceiling available in that category according to the following

3-62     categories of priority:  (1)  the first category of priority shall

3-63     include those applications for a reservation filed by housing

3-64     finance corporations which filed an application for a reservation

3-65     on behalf of the same local population prior to September 1 of the

3-66     previous calendar year, but which did not receive a reservation

3-67     during such year;  (2)  [the second category of priority shall

3-68     include those applications for a reservation filed by housing

3-69     finance corporations to which state ceiling could not be made

 4-1     available by August 31 for that calendar year because of the

 4-2     application of Section 4(b) of this Act;  (3)]  the second [third]

 4-3     category of priority shall include those applications for a

 4-4     reservation not included in the first category [and second

 4-5     categories] of priority; (3)  a priority under (1) of an issuer

 4-6     composed of more than one jurisdiction is not affected by the

 4-7     issuer's loss of a sponsoring governmental unit and that unit's

 4-8     population base if the dollar amount of the application has not

 4-9     increased; and (4)  within each category or priority, reservations

4-10     shall be granted in reverse calendar  year order of the most recent

4-11     closing of qualified mortgage bonds applicable to [by] each housing

4-12     finance corporation, with the most recent closing being the last to

4-13     receive a  reservation and with those housing finance corporations

4-14     that have never received a reservation for mortgage revenue bonds

4-15     being the first to receive a reservation, and, in the case of

4-16     closings  occurring on the same date, reservations shall be granted

4-17     in an order determined by the board by lot.  The most recent

4-18     closing applicable to: (A) a newly created housing finance

4-19     corporation that was created by a local government or local

4-20     governments that had previously sponsored an existing housing

4-21     finance corporation or a disbanded housing finance corporation, is

4-22     the most recent closing of qualified mortgage bonds the proceeds of

4-23     which were available to the population of the housing finance

4-24     corporation;  (B)  a housing finance corporation sponsored by a

4-25     local government that has participated in the program of another

4-26     housing finance corporation, is the most recent closing of

4-27     qualified mortgage bonds the proceeds of which were available to

4-28     the population of the housing finance corporation; and (C)  all

4-29     other housing finance corporations, is the most recent closing of

4-30     qualified mortgage bonds by the housing finance corporation.  In no

4-31     event will a housing finance corporation or its sponsoring local

4-32     government be allowed to achieve an advantage in the  determination

4-33     of its last  closing date by creating or disbanding from a housing

4-34     finance corporation.  If two or more higher education authorities

4-35     apply for a reservation of state ceiling for the upcoming year in

4-36     the category described by Section 2(b)(5) of this Act on or before

4-37     October 20, reservations within that category shall be granted from

4-38     the state ceiling available in that category in reverse calendar

4-39     year order of the most recent closing of qualified student loan

4-40     bonds by each higher education authority, with the most recent

4-41     closing being the last to receive a reservation, and, in the case

4-42     of closings occurring on the same date, reservations shall be

4-43     granted in an order determined by the board by lot.  All

4-44     applications for a reservation filed after October 20 [January 10]

4-45     by any issuer for the issuance of bonds shall be accepted by the

4-46     board in their order of receipt.  [A priority under (1) of an

4-47     issuer composed of more than one jurisdiction is not affected by

4-48     the issuer's loss of a sponsoring governmental unit and that unit's

4-49     population base if the dollar amount of the application has not

4-50     increased.]

4-51           SECTION 4.  Effective January 1, 1998, Section 3(a), Chapter

4-52     1092, Acts of the 70th Legislature, Regular Session, 1987 (Article

4-53     5190.9a, Vernon's Texas Civil Statutes), is amended to read as

4-54     follows:

4-55           (a)  For any one project, no issuer[:]

4-56                 [(1)]  prior to September 1, shall receive reservations

4-57     in excess of:

4-58                 (1) [(A)]  $25,000,000 for issuers described by Section

4-59     2(b)(1) of this Act other than the Texas Department of Housing and

4-60     Community Affairs;

4-61                 (2) [(B)]  $50,000,000 for issuers described by Section

4-62     2(b)(2) of this Act other than the Texas Higher Education

4-63     Coordinating Board and $75,000,000 for the Texas Higher Education

4-64     Coordinating Board;

4-65                 (3) [(C)]  an amount as limited by the code for issuers

4-66     described by Section 2(b)(3) of this Act;

4-67                 (4) [(D)]  $15,000,000 or 15 percent of the amount set

4-68     aside for this purpose, whichever is less, for issuers described by

4-69     Section 2(b)(4) of this Act;

 5-1                 (5)  $35,000,000 for higher education authorities

 5-2     authorized by Section 53.47, Education Code, and described by

 5-3     Section 2(b)(5) of this Act; and

 5-4                 (6) [(E)]  $25,000,000 for issuers described by Section

 5-5     2(b)(6) [2(b)(5)] of this Act [except higher education authorities

 5-6     authorized by  Section  53.47, Education Code; and]

 5-7                       [(F)  $35,000,000 for higher education

 5-8     authorities authorized by Section 53.47, Education Code; and]

 5-9                 [(2)  prior to November 1, shall receive reservations

5-10     in excess of $100,000,000].

5-11           SECTION 5.  Sections 3(d) and (e), Chapter 1092, Acts of the

5-12     70th Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's

5-13     Texas Civil Statutes), are amended to read as follows:

5-14           (d)  An application for a reservation may not be submitted

5-15     and a reservation may not be granted after December 1 of the

5-16     current program year.

5-17           (e)  If any portion of state ceiling in any category

5-18     described in Section 2(b) of this Act from which issuers were

5-19     granted reservations becomes available in that category before June

5-20     1, those amounts shall be aggregated and reservations shall be

5-21     granted from that category on June 1.  If any portion of state

5-22     ceiling from which issuers were granted reservations becomes

5-23     available in that category after June 1 and before August 25, those

5-24     amounts shall be aggregated and reservations shall be granted from

5-25     that category on August 25.  The department may also grant a

5-26     reservation to an issuer at any time on or after January 2 [10] if

5-27     the amount of state ceiling available in any category exceeds the

5-28     amount of state ceiling applied for in that category.

5-29           SECTION 6.  Effective January 1, 1998, Section 4(a), Chapter

5-30     1092, Acts of the 70th Legislature, Regular Session, 1987 (Article

5-31     5190.9a, Vernon's Texas Civil Statutes), is amended to read as

5-32     follows:

5-33           (a)  An application for a reservation for a particular

5-34     program year may be filed by an issuer on or after October 10 of

5-35     the preceding year [January 2] and must be on a form prescribed by

5-36     the board and signed by a member or officer of the issuer and must

5-37     state:

5-38                 (1)  the maximum amount of the bonds in the issue

5-39     requiring an allocation pursuant to Section 146 of the code;

5-40                 (2)  the purpose of the bonds or a functional

5-41     description of the project, including the identification of the

5-42     user of the proceeds or project financed thereby;

5-43                 (3)  whether the bonds are qualified bonds;

5-44                 (4)  if the bonds are qualified bonds, the paragraph of

5-45     Section 141(e)(1) of the code that applies, and if Section

5-46     141(e)(1)(A) of the code applies, the paragraph of Section 142(a)

5-47     of the code that applies;

5-48                 (5)  if the bonds are not qualified bonds, that Section

5-49     141(b)(5) of the code  applies, or in the case of transition rule

5-50     projects, the paragraph of the Tax Reform Act of 1986 that applies;

5-51                 (6)  a statement by the issuer, other than an issuer of

5-52     a state-voted issue or the Texas Department of Housing and

5-53     Community Affairs, that bonds are not being issued for the same

5-54     stated purpose for which the issuer has received sufficient

5-55     carryforward during a prior year or for which there exists

5-56     unexpended proceeds from a prior issue or issues of bonds issued by

5-57     the same issuer, or based on the issuer's population, unless such

5-58     issuer provides evidence that a binding contract or binding

5-59     contracts have been entered into to expend the unexpended proceeds

5-60     within 12 months after the date of receipt by the board of an

5-61     application for a reservation; and

5-62                 (7)  other information that the board may require.

5-63           SECTION 7.  Section 4(c), Chapter 1092, Acts of the 70th

5-64     Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas

5-65     Civil Statutes), is amended to read as follows:

5-66           (c)  The board may not accept applications for more than one

5-67     project located at, or related to, a business operation at a

5-68     particular site for [in] any one program [calendar] year.

5-69           SECTION 8.  Section 6(c), Chapter 1092, Acts of the 70th

 6-1     Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas

 6-2     Civil Statutes), is amended to read as follows:

 6-3           (c)  If the issuer does not timely submit the documents and

 6-4     fee required by this section, the issue's reservation is canceled

 6-5     and during the [90 day] period described by Section 7(a) of this

 6-6     Act beginning on the reservation date of the canceled reservation:

 6-7                 (1)  the issuer or any other issuer may not submit an

 6-8     application for a reservation for the same project; and

 6-9                 (2)  the issuer is eligible for a carryforward

6-10     designation for the project only as provided by Section 9 of this

6-11     Act.

6-12           SECTION 9.  Sections 7(a) and (c), Chapter 1092, Acts of the

6-13     70th Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's

6-14     Texas Civil Statutes), are amended to read as follows:

6-15           (a)  Except as provided in Subsection (b) of this section,

6-16     the issuer, other than an issuer that received a reservation of

6-17     state ceiling from the category described by Section 2(b)(1) of

6-18     this Act, shall close on the bonds for which a reservation has been

6-19     granted not later than the 120th [90th] day after the reservation

6-20     date.  An issuer of qualified mortgage revenue bonds shall close on

6-21     the bonds for which a reservation has been granted not later than

6-22     the 180th day after the reservation date.

6-23           (c)  If the issuer does not timely close on the bonds, the

6-24     issue's reservation is canceled and during the 150-day [120-day]

6-25     period beginning on the reservation date of the canceled

6-26     reservation, or during the 210-day period beginning on the

6-27     reservation date of the canceled reservation for Section 2(b)(1)

6-28     issuers:

6-29                 (1)  the issuer or any other issuer may not submit an

6-30     application for a reservation for the same project;  and

6-31                 (2)  the issuer is eligible for a carryforward

6-32     designation for the project only as provided by Section 9 of this

6-33     Act.

6-34           SECTION 10.  This Act takes effect immediately except as

6-35     otherwise provided by this Act.

6-36           SECTION 11.  The importance of this legislation and the

6-37     crowded condition of the calendars in both houses create an

6-38     emergency and an imperative public necessity that the

6-39     constitutional rule requiring bills to be read on three several

6-40     days in each house be suspended, and this rule is hereby suspended,

6-41     and that this Act take effect and be in force according to its

6-42     terms, and it is so enacted.

6-43                                  * * * * *