1. (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. The Executive Director of the bond finance shall forward one copy of the notice to each member of the Board. Prospective issuers are encouraged to file the notice of intention as early in the issuance planning stage as possible. The notice is for information purposes only, to facilitate the scheduling of Board review activities. 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. However, a notice of intention to issue state securities in the form of commercial paper notes must be given on an annual or more frequent basis, as needed, identifying the list of projects and estimated amounts of commercial paper to be issued.

2. (b) A notice of intention to issue under this section shall include:

   1. (1) A brief description of the proposed issuance, including, but not limited to, the purpose, the tentative amount, and a brief outline of the proposed terms;
   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 Bond Issuance) no later than the first Tuesday of the month in which the applicant requests Board consideration.
3. (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.
4. (d) The requested date for Board consideration shall be granted whenever possible; however, if it becomes necessary in the Board's discretion to change the date of the Board meeting for consideration of the proposed issuance of state securities, written notice of such change shall be sent to the issuer as soon as possible. Priority scheduling for consideration at Board meetings shall be given to refunding issues and to those state securities which also require a submission to the Bond Review Board to obtain a private activity bond allocation.
5. (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 to the bond finance office prior to the date the securities are to be issued. The Executive Director of the bond finance office shall forward one copy of the notice to each member of the Board. Prospective issuers are encouraged to file the notice of intention as early in the issuance planning stage as possible. The notice shall be in a format determined by the Executive Director of the bond finance office. An exempt issuer may file a notice of intent at any time, however, in order for an issuer to be considered at the next regularly scheduled planning session, if required by the Board pursuant to §181.9(d) of this title, the respective a 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.
6. (f) A notice of intention is not required for the issuance of state securities in the form of commercial paper that are exempt pursuant to §181.9 of this title.

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.