Sec. 1372.039. CERTIFICATION REQUIRED OF ISSUER; CANCELLATION ON FAILURE. (a) Not later than the 35th day after an issuer's reservation date, the issuer shall submit to the board:
(1) a certificate signed by an authorized representative of the issuer that certifies the principal amount of the bonds to be issued; and
(2) a list of finance team members and their addresses and telephone numbers.
(b) If the principal amount certified by the issuer is less than the amount stated in the issuer's application for the reservation, the amount of the issuer's reservation is reduced to the amount certified.
(c) If an issuer does not submit the documents as required by this section and the fee as required by Section 1372.006(d)(1):
(1) the reservation is canceled; and
(2) from the reservation date of the canceled reservation until the expiration of the applicable period described by Section 1372.042(a) or (b):
(A) no issuer may submit an application for a reservation for the same project; and
(B) the issuer is eligible for a carryforward designation for the project only as provided by Subchapter C.
(d) If an issuer does not submit the documents during the period provided by Subsection (a), the issuer may submit the documents not later than the third day after the end of the 35-day period together with a statement and evidence regarding extenuating circumstances that prevented a timely filing. The board shall review the statement and the evidence and may, based on the statement and evidence, permit the late filing.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1329, Sec. 14, eff. Sept. 1, 2003.
Structure Texas Statutes
Subtitle F - Specific Authority for State or Local Government to Issue Securities
Chapter 1372 - Private Activity Bonds and Certain Other Bonds
Subchapter B. Allocation and Reservation of State Ceiling
Section 1372.021. Annual Allocation of State Ceiling
Section 1372.022. Availability of State Ceiling to Issuers
Section 1372.024. Increase in Amount of State Ceiling Available to Issuers of State-Voted Issues
Section 1372.026. Limitation on Amount of State Ceiling Available to Housing Finance Corporations
Section 1372.0261. Failure of Housing Finance Corporation to Use Amount of State Ceiling Allocated
Section 1372.027. Publication of Available State Ceiling
Section 1372.028. Application for Reservation; Form and Content
Section 1372.0281. Information Required of Issuers of Certain Qualified Student Loan Bonds
Section 1372.029. Applications for Multiple Projects at Same Site Prohibited
Section 1372.030. Granting of Certain Reservations Prohibited; Exceptions
Section 1372.031. Priorities for Reservations Among Certain Issuers
Section 1372.032. Priorities for Reservations Among Issuers of Qualified Mortgage Bonds
Section 1372.033. Priorities for Reservations Among Certain Issuers of Qualified Student Loan Bonds
Section 1372.034. Order of Acceptance of Certain Applications for Reservation
Section 1372.035. Granting of Reservations; Order
Section 1372.036. Reservations From Portion of State Ceiling Subsequently Becoming Available
Section 1372.037. Limitations on Granting of Reservations for Individual Projects
Section 1372.038. Reservation Date
Section 1372.039. Certification Required of Issuer; Cancellation on Failure
Section 1372.041. Refusal to Accept Reservation by Issuer
Section 1372.042. Deadline for Closing on Bonds by Issuer
Section 1372.043. Cancellation of Reservation on Issuer's Failure to Timely Close on Bonds