Texas Government Code 1372.001 – Definitions
Terms Used In Texas Government Code 1372.001
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Statute: A law passed by a legislature.
- Year: means 12 consecutive months. See Texas Government Code 311.005
In this chapter:
(1) “Additional state ceiling” means authorization under federal law for the issuance of bonds that are tax-exempt private activity bonds subject to the limits imposed by Section 146, Internal Revenue Code (26 U.S.C. § 146), in an amount in addition to the state ceiling.
(1-a) “Applicable official” means the state official or state agency designated by federal law to allocate a miscellaneous bond ceiling or designate bonds entitled to the federal subsidy limited by a miscellaneous bond ceiling or, in the absence of designation by federal law, the governor.
(1-b) “Board” means the Bond Review Board.
(2) “Bonds” means all obligations, including bonds, certificates, or notes, that are:
(A) authorized to be issued by:
(i) the constitution or a statute of this state; or
(ii) the charter of a home-rule municipality; and
(B) either:
(i) subject to the limitations of Section 146, Internal Revenue Code (26 U.S.C. § 146); or
(ii) with respect to Subchapter D, otherwise entitled to a federal subsidy only if designated for the exemption, credit, or other subsidy, or allocated a portion of a limited amount of obligations for which the exemption, credit, or other subsidy is authorized, by this state or an applicable official or by an issuer to which this state or the applicable official has made an allocation, including exemptions, credits, and other subsidies authorized by any federal law authorizing a federal subsidy.
(3) “Closing” means the issuance and delivery of a bond by an issuer in exchange for the required payment for the bond. The term does not include a delivery of a bond if expenditure of the proceeds of the bond is conditioned on obtaining credit enhancement in support of the bond.
(4) “Enterprise zone facility bond” means an enterprise zone facility bond under Section 1394, Internal Revenue Code (26 U.S.C. § 1394).
(4-a) “Federal subsidy” means an exclusion of interest on a bond from gross income for federal income tax purposes, a federal income tax credit associated with a bond, a direct federal subsidy of interest on a bond, or any other federally authorized financial benefit associated with a bond.
(5) “Housing finance corporation” has the meaning assigned by § 394.003, Local Government Code.
(6) “Internal Revenue Code” means the Internal Revenue Code of 1986 and its subsequent amendments.
(7) “Issuer” means:
(A) a department, board, authority, agency, subdivision, political subdivision, body politic, or instrumentality of this state; or
(B) a nonprofit corporation acting for or on behalf of an entity described by Paragraph (A).
(8) “Local government” has the meaning assigned by § 394.003, Local Government Code.
(8-a) “Miscellaneous bond ceiling” means the maximum amount of bonds of any type that may be issued by issuers in this state during a calendar year, or cumulatively, that are entitled to a federal subsidy only if designated for the federal subsidy, or allocated a portion of a limited amount of bonds other than bonds subject to the limits imposed by Section 146, Internal Revenue Code (26 U.S.C. § 146), for which the federal subsidy is authorized, by:
(A) this state or the applicable official; or
(B) an issuer to which this state or the applicable official has made an allocation.
(9) “Mortgage credit certificate” means a certificate of the type described by Section 25, Internal Revenue Code (26 U.S.C. § 25).
(10) “Private activity bond” has the meaning assigned by Section 141(a), Internal Revenue Code (26 U.S.C. § 141(a)).
(11) “Qualified mortgage bond” has the meaning assigned by Section 143(a), Internal Revenue Code (26 U.S.C. § 143(a)). The term includes a mortgage credit certificate.
(12) “Qualified residential rental project bond” means a bond issued for a qualified residential rental project as defined by Section 142(d), Internal Revenue Code (26 U.S.C. § 142(d)).
(13) “Qualified small issue bond” has the meaning assigned by Section 144(a), Internal Revenue Code (26 U.S.C. § 144(a)).
(14) “Qualified student loan bond” has the meaning assigned by Section 144(b), Internal Revenue Code (26 U.S.C. § 144(b)).
(15) “Reservation” means a reservation of a portion of the state ceiling for a specific bond issue.
(16) “State-voted issue” means an issue of bonds approved by the voters of this state in a statewide election.
(17) “State ceiling” means the maximum amount of tax-exempt private activity bonds that may be issued by all issuers in this state during a calendar year, as computed under Section 146(d), Internal Revenue Code (26 U.S.C. § 146(d)).
(18) Repealed by Acts 2019, 86th Leg., R.S., Ch. 992 (S.B. 1474), Sec. 21(1), eff. September 1, 2019.