Sec. 1372.074. REASSIGNMENT OF CARRYFORWARD DESIGNATION.
(a) After one year from the initial carryforward designation, an issuer may elect to reassign all or part of the carryforward designation in accordance with Section 1372.061(b) to the issuer's next available application for a project if the issuer provides:
(1) a written withdrawal request signed by an authorized representative of the issuer;
(2) the issuing board resolution authorizing the carryforward designation reassignment with an original signature by an officer of the issuer;
(3) applicable fees under Section 1372.006;
(4) an opinion of legal counsel stating that the carryforward designation reassignment does not conflict with Section 146, Internal Revenue Code of 1986; and
(5) any other information required by the board.
(b) A project that is reassigned a carryforward designation under this section must close within the time period allowed by the Internal Revenue Code of 1986.
(c) An unutilized carryforward designation available after a project closes on a carryforward designation under Section 1372.069 may be used by the issuer for other projects subject to Subsection (b) and Section 1372.061(b).
Added by Acts 2019, 86th Leg., R.S., Ch. 992 (S.B. 1474), Sec. 18, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 969 (S.B. 1984), Sec. 2, eff. September 1, 2021.
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 C. Carryforward of State Ceiling
Section 1372.061. Designation by Board of Certain Amounts of State Ceiling as Carryforward
Section 1372.062. Priority Classifications of Carryforward Designations
Section 1372.063. Priority 1 Carryforward Classification
Section 1372.064. Priority 2 Carryforward Classification
Section 1372.065. Priority 3 Carryforward Classification
Section 1372.066. Priority 4 Carryforward Classification
Section 1372.067. Priority 5 Carryforward Classification
Section 1372.068. Priority 6 Carryforward Classification
Section 1372.069. Application for Carryforward Designation; Limitations
Section 1372.070. Form and Contents of Application for Carryforward Application
Section 1372.071. Action on Application for Carryforward Designation
Section 1372.072. Amendment or Withdrawal of Application for Carryforward Designation
Section 1372.073. Designation by Board of Unencumbered State Ceiling