34 Tex. Admin. Code § 181.2 – Notice of Intention to Issue

(a) Unless exempt pursuant to §181.9 of this title (relating to State Exemptions), an issuer intending to issue state securities shall submit a written or electronic notice of intention to issue to the bond finance office no later than the last Wednesday of the month prior to the month requested for Board consideration. Prospective issuers are encouraged to file the notice of intention as early in the issuance planning stage as possible. A notice of intention under this subsection is not required prior to each new issuance of commercial paper if the issuer's commercial paper program has been approved by the Board or if it is exempt from approval pursuant to the provisions of §181.9 of this title. Except as required for Board approval pursuant to §181.3(f) of this title (relating to Application for Board Approval of State Security Issuance), a notice of intention under this subsection is not required prior to each new issuance of commercial paper notes if the notes are issued in conformity with the terms of the commercial paper program that has been approved by the Board or is exempt from approval pursuant to the provisions of §181.9 of this title.
(b) A notice of intention to issue under subsection (a) of this section shall include:
1. (1) A brief description of the proposed issuance, including, but not limited to, the purpose, the tentative amount, proposed security, type of interest and any related credit agreements;
2. (2) the proposed timing of the issuance with a tentative date of sale and a tentative date for closing, or if the state securities are to be issued in the form of commercial paper notes, the period over which the state securities will be issued for projects to be financed;
3. (3) A request to have the issue of state securities scheduled for consideration by the Board during a specified bi-monthly meeting; and
4. (4) An agreement to submit the required application described in §181.3 of this title (relating to Application for Board Approval of State Security Issuance) no later than the first Tuesday of the month in which the applicant requests Board consideration.
(c) An issuer may reschedule the date requested for Board consideration of the state securities by submitting an amended notice of intention at any time prior to the application date in the same manner as provided in this section.
(d) The requested date for Board consideration shall be granted whenever possible. If at the Board's discretion, it becomes necessary to change the date of the Board meeting for consideration of the proposed issuance of state securities, notice of such change shall be sent to the issuer as soon as possible.
(e) An issuer intending to issue state securities that are exempt from approval pursuant to §181.9 of this title shall submit during regular business hours a written or electronic notice of intent to the bond finance office at least seven business days prior to the date the securities are to be issued. Prospective issuers are encouraged to file the notice of intent as early in the issuance planning stage as possible. A notice of intent under this subsection is not required prior to each new issuance of commercial paper notes if the notes are issued in conformity with the terms of the commercial paper program for which a notice of intent has been filed with the bond finance office or that has been approved by the Board pursuant to §181.9(d) of this title.
1. (1) To be considered at the next regularly scheduled planning session, if required by the Board pursuant to §181.9(d) of this title, the notice of intent must be submitted to the bond finance office no later than the last Tuesday of the month prior to a regularly scheduled Board meeting.
2. (2) Exempt issuers are required to submit a notice of intent which must contain:
  1. (A) a completed exempt issuer state debt notice of intent in the form required by the bond finance office. A notice of intent is not required under this subsection for an issuance of commercial paper notes if the notes are issued in conformity with the terms of the commercial paper program for which a notice of intent has been filed with the bond finance office or that has been approved by the Board;
  2. (B) proposed debt service schedule;
  3. (C) proposed cash flow schedule, if applicable;
  4. (D) proposed sources and uses statement;
  5. (E) timetable of the financing;
  6. (F) derivatives program summary in the form required by the bond finance office, if applicable;
  7. (G) documentation that all necessary approvals of the issuance of the state securities or the project to be financed with the proceeds of the state securities have been obtained from the appropriate state boards or state agencies except:
    1. (i) the approval of the state securities by the Attorney General;
    2. (ii) environmental approvals and permits;
  8. (H) Board memorandum for the proposed transaction prepared for issuer's governing board, if available.

Source Note:The provisions of this §181.2 adopted to be effective August 10, 1988, 13 TexReg 3755; amended to be effective October 11, 1994, 19 TexReg 7711; amended to be effective February 27, 2002, 27 TexReg 1335; amended to be effective September 18, 2003, 28 TexReg 8133; amended to be effective April 9, 2008, 33 TexReg 2828; amended to be effective August 6, 2008, 33 TexReg 6146; amended to be effective December 28, 2008, 33 TexReg 10331.