AN ACT
 1-1     relating to the allocation and reservation system for certain
 1-2     tax-exempt private activity bonds.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (b) and (e), Section 2, Chapter 1092,
 1-5     Acts of the 70th Legislature, Regular Session, 1987 (Article
 1-6     5190.9a, Vernon's Texas Civil Statutes), are amended to read as
 1-7     follows:
 1-8           (b)  Prior to August 15 [September 1], (1) 25 [31.5] percent
 1-9     of the state ceiling is available exclusively for reservations by
1-10     issuers of qualified mortgage bonds, (2) 11 [13] percent of the
1-11     state ceiling is available exclusively for reservations by issuers
1-12     of state-voted issues for the purpose of issuing a state-voted
1-13     issue, (3) 7.5 percent of the state ceiling is available
1-14     exclusively for reservations by issuers of qualified small issue
1-15     bonds and tax-exempt enterprise zone facility bonds, (4) 16.5 [7.5]
1-16     percent of the state ceiling is available exclusively for
1-17     reservations by issuers of qualified residential rental project
1-18     issues; (5) 10.5 [11] percent of the state ceiling is available
1-19     exclusively for reservations by issuers of qualified student loan
1-20     bonds authorized by Section 53.47, Education Code; and (6) 29.5
1-21     percent of the state ceiling is available exclusively for
1-22     reservations by all other issuers of bonds requiring an allocation.
1-23           (e)  On and after August 15 but before September 1, that
1-24     portion of the state ceiling available for reservations shall
 2-1     become available for qualified residential rental project issues in
 2-2     the manner described by Section 3(h) of this Act.  On and after
 2-3     September 1, that portion of the state ceiling available for
 2-4     reservations shall become available to any issuer for any bonds
 2-5     requiring an allocation, subject to the provisions of Section 3 of
 2-6     this Act.
 2-7           SECTION 2.  Section 3, Chapter 1092, Acts of the 70th
 2-8     Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
 2-9     Civil Statutes), is amended by adding Subsections (h) and (i) to
2-10     read as follows:
2-11           (h)  First priority for any reservations by issuers of
2-12     qualified residential rental project issues is given to projects in
2-13     which 100 percent of the residential units in the projects are
2-14     under the restriction that the maximum allowable rents are 30
2-15     percent of 50 percent of the area median family income minus an
2-16     allowance for utility costs authorized under the federal low-income
2-17     housing tax credit program.  Second priority is given to projects
2-18     in which 100 percent of the residential units in the projects are
2-19     under the restriction that the maximum allowable rents are 30
2-20     percent of 60 percent of the area median family income minus an
2-21     allowance for utility costs authorized under the federal low-income
2-22     housing tax credit program.  Third priority is given to any other
2-23     qualified residential rental project.
2-24           (i)  The board may not reserve a portion of the state ceiling
2-25     for a first or second priority project described by Subsection (h)
2-26     of this section unless the board receives evidence that an
 3-1     application has been filed with the Texas Department of Housing and
 3-2     Community Affairs for the low-income housing tax credit that is
 3-3     available for multifamily transactions that are at least 51 percent
 3-4     financed by tax-exempt private activity bonds.
 3-5           SECTION 3.  Subsection (a), Section 4, Chapter 1092, Acts of
 3-6     the 70th Legislature, Regular Session, 1987 (Article 5190.9a,
 3-7     Vernon's Texas Civil Statutes), is amended to read as follows:
 3-8           (a)  An application for a reservation for a particular
 3-9     program year may be filed by an issuer on or after October 10 of
3-10     the preceding year and must be on a form prescribed by the board
3-11     and signed by a member or officer of the issuer and must state:
3-12                 (1)  the maximum amount of the bonds in the issue
3-13     requiring an allocation pursuant to Section 146 of the code;
3-14                 (2)  the purpose of the bonds or a functional
3-15     description of the project, including the identification of the
3-16     user of the proceeds or project financed thereby;
3-17                 (3)  whether the bonds are qualified bonds;
3-18                 (4)  if the bonds are qualified bonds, the paragraph of
3-19     Section 141(e)(1) of the code that applies, and if Section
3-20     141(e)(1)(A) of the code applies, the paragraph of Section 142(a)
3-21     of the code that applies;
3-22                 (5)  if the bonds are not qualified bonds, that Section
3-23     141(b)(5) of the code applies, or in the case of transition rule
3-24     projects, the paragraph of the Tax Reform Act of 1986 that applies;
3-25                 (6)  a statement by the issuer, other than an issuer of
3-26     a state-voted issue or the Texas Department of Housing and
 4-1     Community Affairs, that bonds are not being issued for the same
 4-2     stated purpose for which the issuer has received sufficient
 4-3     carryforward during a prior year or for which there exists
 4-4     unexpended proceeds from, including transferred proceeds
 4-5     representing unexpended proceeds from, a prior issue or issues of
 4-6     bonds issued by the same issuer, or based on the issuer's
 4-7     population, unless such issuer provides evidence that a binding
 4-8     contract or binding contracts have been entered into, or other
 4-9     evidence acceptable to the board as described in program rules, to
4-10     expend the unexpended proceeds by the later of [within] 12 months
4-11     after the date of receipt by the board of an application for a
4-12     reservation or December 31 of the program year for which the
4-13     application is being filed; and
4-14                 (7)  other information that the board may require.
4-15           SECTION 4.  Subsection (d), Section 7, Chapter 1092, Acts of
4-16     the 70th Legislature, Regular Session, 1987 (Article 5190.9a,
4-17     Vernon's Texas Civil Statutes), is amended to read as follows:
4-18           (d)  Not later than the fifth business day after the day on
4-19     which the bonds are closed, the issuer shall submit to the board:
4-20                 (1)  a written notice stating the delivery date of the
4-21     bonds and the principal amount of the bonds issued; [and]
4-22                 (2)  if the project is a first or second priority
4-23     project described by Section 3(h) of this Act, evidence from the
4-24     Texas Department of Housing and Community Affairs that an award of
4-25     low-income housing tax credits has been approved for the project;
4-26     and
 5-1                 (3)  a certified copy of the document authorizing the
 5-2     bonds and other documents relating to the issuance of the bonds,
 5-3     including a statement of the bond's [bonds]:
 5-4                       (A)  principal amount;
 5-5                       (B)  interest rate or formula by which the
 5-6     interest rate is calculated;
 5-7                       (C)  maturity schedule; and
 5-8                       (D)  purchaser or purchasers.
 5-9           SECTION 5.  Section 12, Chapter 1092, Acts of the 70th
5-10     Legislature, Regular Session, 1987 (Article 5190.9a, Vernon's Texas
5-11     Civil Statutes), is amended to read as follows:
5-12           Sec. 12.  FEE.  An application for a reservation or
5-13     carryforward designation must be accompanied by a nonrefundable fee
5-14     in the amount of $500.  The issuer shall submit to the board a
5-15     closing fee in the amount of $1,000 or 0.025 percent of the
5-16     principal amount of the bonds certified as provided by Section
5-17     6(a)(2) of this Act, whichever is greater.  One-third of the fee
5-18     shall be submitted not later than the 35th day after an issue's
5-19     reservation date, and the remaining portion of the fee at the time
5-20     of closing.  An issuer exchanging a portion of the state ceiling
5-21     for mortgage credit certificates shall submit to the board a
5-22     closing fee in the amount of $1,000 or 0.0125 percent of the amount
5-23     of the state ceiling reserved, whichever is greater.  One-third of
5-24     the fee shall be submitted not later than the 35th day after an
5-25     issue's reservation date, and the remaining portion of the fee at
5-26     the time of closing.  An issuer receiving a carryforward
 6-1     designation shall submit to the board a fee in the amount of $1,000
 6-2     or 0.025 percent of the amount of the carryforward designation,
 6-3     whichever is greater.  The fee shall be submitted not later than
 6-4     the fifth business day following the date of receipt of the
 6-5     carryforward designation.  The board shall deposit the proceeds of
 6-6     the fees in the General Revenue Fund.
 6-7           SECTION 6.  (a)  This Act takes effect August 1, 1999, except
 6-8     as provided by Subsection (b) of this section.
 6-9           (b)  Section 5 of this Act and the sections of this Act
6-10     amending Subsections (b) and (e), Section 2, Chapter 1092, Acts of
6-11     the 70th Legislature, Regular Session, 1987 (Article 5190.9a,
6-12     Vernon's Texas Civil Statutes), Section 3, Chapter 1092, Acts of
6-13     the 70th Legislature, Regular Session, 1987 (Article 5190.9a,
6-14     Vernon's Texas Civil Statutes), and Subsection (d), Section 7,
6-15     Chapter 1092, Acts of the 70th Legislature, Regular Session, 1987
6-16     (Article 5190.9a, Vernon's Texas Civil Statutes), take effect
6-17     January 1, 2000.
6-18           SECTION 7.  The importance of this legislation and the
6-19     crowded condition of the calendars in both houses create an
6-20     emergency and an imperative public necessity that the
6-21     constitutional rule requiring bills to be read on three several
6-22     days in each house be suspended, and this rule is hereby suspended,
6-23     and that this Act take effect and be in force according to its
6-24     terms, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 1155 passed the Senate on
         April 15, 1999, by the following vote:  Yeas 30, Nays 0; and that
         the Senate concurred in House amendment on May 5, 1999, by the
         following vote:  Yeas 29, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1155 passed the House, with
         amendment, on May 3, 1999, by the following vote:  Yeas 139,
         Nays 0, one present not voting.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor