SRC-TJG S.B. 1664 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1664
By: Averitt
Finance
7/14/2003
Enrolled


DIGEST AND PURPOSE 

The Texas Private Activity Bond Program is a federal program administered
by the Texas Bond Review Board to assist in financing eligible privately
owned public-purpose projects.  S.B. 1664 adjusts the Texas Private
Activity Bond Program to meet the state's public needs. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Bond Review Board
in SECTION 8 (Section 1372.0281, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1372.001, Government Code, by adding
Subdivision (18), to define "water development issue." 

SECTION 2.  Amends Sections 1372.006(a) and (b), Government Code, as
follows: 

(a) Requires an application for a reservation under Subchapter B or a
carryforward designation under Subchapter C to be accompanied by a
nonrefundable fee in the amount of $500, except that for issuers of
qualified residential rental project bonds the application is required to
be accompanied by a nonrefundable fee of $5,000, of which the Texas Bond
Review Board (TBRB) shall retain $1,000 to offset the costs of the private
activity bond allocation program and administration of that program and of
which TBRB shall transfer $4,000 through an interagency agreement, to a
certain entity for use in an Affordable Housing Research and Information
program as provided in Section 2306.259, Government Code. 

(b) Require an issuer, other than an issuer under Section 1372.022(a)(2)
to submit to the TBRB a closing fee in an amount that is equal to the
greater of $1,000 or 0.025 percent of the principal amount of the bonds
certified as provided by Section 1372.039(a)(1). 

SECTION 3.  Reenacts and amends Section 1372.022, Government Code, as
amended by Chapters 1367, 1420, and 1468, Acts of the 77th Legislature,
Regular Session, 2001, as follows: 

(a) Deletes existing text related to the state ceiling available to
issuers prior to August 15 of each year prior to September 1, 2003.
Redesignates existing Subsection (b) as Subsection (a).  Provides that if
the state ceiling is computed on the basis of $75 per capita or a greater
amount, before August 15 of each year certain percentages of the state
ceiling are available for certain reservations. 

(b) Provides that the portion of the state ceiling available for
reservations becomes available for all applications for reservations in
the order determined by TBRB by lot, subject to Section 1372.0321.
Deletes existing language relating to reservations becoming available fo
qualified residential rental project issues in a certain manner. Deletes
existing Subsection (c) relating to this section expiring September 1,
2003. 

SECTION 4.  Amends Section 1372.0231, Government Code, by amending
Subsections (b) through (f) and adding Subsections (h) and (i), as
follows: 
 
(b)  Requires TBRB, with respect to the amount of the state ceiling set
aside under Subsection (a)(1), after TBRB's review and approval, to grant
reservations at the direction of the Texas Department of Housing and
Community Affairs (TDHCA) in accordance with Section 1372.0321 and
criteria established by rules of TDHCA. Provides that subsequent
allocations of TBRB makes on behalf of TDHCA are subject to review and
approval by TBRB in accordance with Section 1231.041.  Requires TBRB,
subsection to Sections 1372.0321(a) and (b), to grant reservations in a
certain manner. 

(c) Requires TBRB, with respect to the amount of the state ceiling set
aside under Subsection (a)(2), to grant reservations in a manner that
ensures that not more than 50 percent of the set-aside amount is used for
proposed projects that are located in qualified census tracts as defined
by the most recent publication by the United States Department of Housing
and Urban Development, rather than by a certain section of the Internal
Revenue Code. 

(d) Makes a conforming change.

(e) Requires TBRB to reserve for areas in the region that are located
outside a metropolitan statistical area $15 million of the state ceiling
set aside for the region under Subsection (d), until May 15 of each year
for each of the uniform state service regions containing certain cities. 

(f) Requires TBRB, in each area described by Subsection (d) or (e), to
grant reservations based on the priority levels of proposed projects as
described by Section 1372.0321, rather than Section 1372.032. 

(h) Provides that an application by an issuer of qualified residential
rental project bonds that is submitted after the deadline for eligibility
to participate in the lottery has a priority lower than that of every
application submitted before that date. 

(i) Requires TBRB, before June 1, to apportion the amount of the state
ceiling set aside under Subsection (a)(2) only among uniform state service
regions with respect to which an issuer has submitted an application for a
reservation of the state ceiling on or before March 1. 

SECTION 5.  Amends Sections 1372.024(a) and (b), Government Code, as
follows: 

(a) Provides that if, before January 2, applications received for
reservations for statevoted issues total more than eight, rather than 13,
percent of the available state ceiling for the program year, the
percentage of state-voted ceiling requested that is more than eight
percent of the state ceiling is removed from the state ceiling available
to other issuers on January 2 and is available for those applications for
reservations for state-voted issues. Makes a conforming change. 

(b) Prohibits the amount removed under Subsection (a) from exceeding
eight, rather than 4.5, percent of the state ceiling. 

SECTION 6.  Amends Section 1372.027, Government Code, to require TBRB to
publish certain statements and lists at least weekly on its Internet site. 

SECTION 7.  Amends Section 1372.028, Government Code, by amending
Subsection (b) and adding Subsection (e), as follows: 

(b) Authorizes an issuer to apply for a reservation for a program year not
earlier than October 5, rather than 10, of the preceding year. 

(e) Authorizes the issuer, instead of filing a complete application under
Subsection (c), to file a statement explaining whether there are changes
in information from the application filed the previous year, and if there
are changes, stating the changes, if an insurer applied  the previous year
for a reservation for qualified mortgage bonds and has not received the
reservation at the time of application for the lottery.  Requires the
statement, if there are changes, to  specify the current information.
Requires an issuer filing a statement under this subsection to pay the
same application fee required of a complete application. 

SECTION 8.  Amends Subchapter B, Chapter 1372, Government Code, by adding
Section 1372.0281, as follows: 

Sec. 1372.0281.  INFORMATION REQUIRED OF ISSUERS OF CERTAIN QUALIFIED
STUDENT LOAN BONDS.  (a) Requires an issuer of qualified student loan
bonds authorized by Section 53.47, Education Code (Guaranteed Student
Loans and Alternate Education Loans; Bonds for the Purchase of Education
Loan Notes), to provide to TBRB together with its application for a
reservation information required by TBRB rule. 

(b) Authorizes TBRB to require an issuer described by Subsection (a) to
provide information with its application, or to supplement the application
with certain information. 

SECTION 9.  Amends Section 1372.031, Government Code, to make conforming
changes. 

SECTION 10.  Amends Section 1372.0321, Government Code, as added by
Chapters 1367 and 1420, Acts of the 77th Legislature, Regular Session,
2001, as follows: 

(a) Requires TBRB, in granting reservations to issuers of qualified
residential rental project issues, to give first priority to certain
projects based on certain criteria. 

(a-1) Requires TBRB, in granting reservations to issuers of qualified
residential rental project issues, to give second priority to certain
projects based on certain criteria. 

(a-2) Requires TBRB, in granting reservations to issuers of qualified
residential rental project issues, to give third priority to certain
projects based on certain criteria. 

(b) Makes a conforming change.

SECTION 11.  Amends Section 1372.033, Government Code, as follows:

(a) Defines " additional need," "annual need," "floor allocation,"
"qualified nonprofit corporation," "remaining amount to be collected,"
"student loan bond allocation," "Texas eligible loan," "Texas loan," and
"total amount to be allocated." 

(b) Authorizes only a qualified nonprofit corporation to apply for a
student loan bond allocation. 

(c) Requires an application for a student loan bond allocation to include
a statement as provided by this subsection.  Requires the statement to be
certified by an officer of the applicant, whose signature must be
notarized.  Requires the statement to be audited by an independent
auditor, and the report of the independent auditor to be attached to the
statement.  Requires the statement to list certain information. 

(d) Provides that each qualified nonprofit corporation that applies for a
student loan bond allocation in compliance with all applicable application
requirements is entitled to receive a floor allocation except as provided
by this section.  Provides that if the total amount to be allocated is
less than the sum of the floor allocations for all of the applicants, each
applicant is entitled to a proportion of the total amount to be allocated
equal to the proportion its floor allocation bears to the total of the
floor allocation for all of the applicants.  Provides that a qualified
nonprofit corporation whose annual need is zero is not entitled to apply
for a student loan bond allocation.  

 (e) Provides that if, after allocations are computed under Subsection
(d), there is a remaining amount to be allocated and there are one or more
applicants with additional need, each applicant with additional need is
entitled to a proportion of the remaining amount to be allocated equal to
the proportion the applicant's additional need bears to the total of the
additional need of all applicants but not to exceed the amount of the
applicant's additional need.  Requires any amount remaining after
distribution to applicants with additional need to be allocated in equal
amounts to the other applicants that have a floor allocation of greater
than $27 million. 

(f) Provides that notwithstanding Subsection (e), if an applicant's share
of the remaining amount to be allocated is greater than 50 percent, that
applicant is entitled to 50 percent of the remaining amount to be
allocated.  Requires the other 50 percent of the remaining amount to be
allocated to be distributed to the other applicants in proportion to their
unmet additional need, except that the allocation may not exceed, for any
applicant, the additional need of the applicant.  Requires that amount,
if, after the additional needs of the other applicants are met, there
remains any amount of the remaining amount to be allocated available for
distribution, to be distributed to the applicant with the share of more
than 50 percent of the remaining amount to be allocated in an amount not
to exceed the amount of the applicant's additional need. 

(g) Prohibits a qualified nonprofit corporation that receives a student
loan bond allocation from taking certain actions.  Deletes existing text
relating to an issuer applying for reservation of the state ceiling for
qualified student loan bonds and TBRB granting certain reservations to an
issuer. 

SECTION 12.  Amends Section 1372.036(b), Government Code, to authorize
partial reservations, beginning, rather than after, June 1, to be offered
once to each applicant in each category described by Section 1372.022(a)
until an applicant in the category accepts the partial reservation or
until additional volume is returned in an amount sufficient to grant a
full reservation.  Deletes existing text relating to any portion of the
state ceiling in certain categories from which issuers were granted
reservations becoming available. 

SECTION 13.  Amends Section 1372.037, Government Code, as follows:

(a) Prohibits TBRB, before September 1, from granting any single project a
reservation for that year that is greater than a certain amount, except as
provided by Subsection (b).   

(b) Authorizes TBRB, in addition to a reservation under Subsection (a)(2),
to grant to the Texas Water Development Board a reservation for not more
than $100 million of the available state ceiling for a water development
issue. 

SECTION 14.  Amends Section 1372.039, Government Code, by amending
Subsection (a) and adding Subsection (d), as follows: 

(a) Requires the issuer, not later than the 35th day after the issuer's
reservation date, to submit certain items to TBRB. 

(d) Authorizes the issuer, if an issuer does not submit the documents
during the period provided by Subsection (a), to submit the documents not
later than the third day after the end of the 35-day period accompanied by
evidence of extenuating circumstances that prevented a timely filing.
Requires TBRB to review the late filing and, based on the extenuating
circumstances, authorizes TBRB to permit the late filing. 

SECTION 15.  Amends Section 1372.040, Government Code, to add the Texas
State Affordable Housing Corporation to the list of entities exempt from
the six month reservation of 50 percent of the funds available for loans
outside the federally designated target areas to provide mortgages to
certain persons for certain reasons. 

SECTION 16.  Amends Section 1372.042, Government Code, by amending
Subsections (a), (b),  and (c) and by adding Subsection (a-1), as follows: 

(a) Requires an issuer other than an issuer of qualified residential
rental project bonds, an issuer of state-voted issues, or an issuer of
qualified mortgage bonds to close on the bonds for which the reservation
was granted not later than a certain date after the reservation date. 

(a-1) Requires an issuer of qualified residential rental project bonds to
close on the bonds for which the reservation was granted not later than a
certain date after the reservation date.  Requires the issuer to pay the
full closing fee provided under Section 1372.006(b) if the application is
not withdrawn before a certain date after the reservation date, if an
issuer of qualified residential rental project bonds fails to close on the
bonds for which a reservation was granted. 

(b) and (c) Make conforming changes.

SECTION 17.  Amends Subchapter K, Chapter 2306, Government Code, by adding
Section 2306.259, as follows: 

Sec. 2306.259.  AFFORDABLE HOUSING RESEARCH AND INFORMATION PROGRAM.
Requires the Texas Department of Housing and Community Affairs (TDHCA),
with money available under Section 1372.006(a), to establish an affordable
housing research and information program in which TDHCA shall contract for
certain studies, research, and programs. 

SECTION 18.  Repealer: Section 53.47(k), Education Code (regarding the
expiration of Subsection (a)(6)). 

SECTION 19.  Effective date: September 1, 2003.
 Makes application of this Act prospective to January 1, 2004, except for
the changes in law made by    this Act to Section 1372.0231(f), Section
1372.027, and Section 1372.036(b),     Government Code.