34 Tex. Admin. Code § 181.5
Submission of Final Report
Effective Jun 30, 200429 TexReg 6125Source Note: The provisions of this §181.5 adopted to be effective August 10, 1988, 13 TexReg 3755; amended to be effective June 26, 1989, 14 TexReg 2901; amended to be effective February 27, 2002, 27 TexReg 1335; amended to be effective June 30, 2004, 29 TexReg 6125.Texas Secretary of State
- (a) Within 60 days after the signing of a lease-purchase agreement or delivery of the state securities and receipt of the state security proceeds, the issuer or purchaser, as applicable, shall submit one original of a final report to the bond finance office and a single copy of the final report to the Texas Comptroller of Public Accounts, provided that for state securities issued in the form of commercial paper notes, the reporting requirements of subsection (d) shall be applicable.
- (b) A final report for lease purchases must include a detailed explanation of the terms of the lease-purchase agreement, including, but not limited to, amount of purchase, trade-in allowance, interest charges, service contracts, etc.
(c) A final report for all state bonds other than lease-purchase agreements must include:
- (1) all actual costs of issuance, including, as applicable, the specific items listed in §181.3(d)(10) and (11), as well as the underwriting spread for competitive financings and the private placement fee for private placements, all closing costs, and any other costs incurred during the issuance process; and
- (2) a complete bond transcript, including the preliminary official statement and the final official statement, private placement memorandum, if applicable, or any other offering documents as well as all other executed documents pertaining to the issuance of the state bonds. The issuer also must submit a copy of the bid form or a listing of orders and allotments and a final debt-service schedule (if applicable).
(d) In lieu of the reporting requirements of §181.5(a), an issuer of state securities issued in the form of commercial paper notes shall submit an original of a report to the bond finance office for each semi-annual period for so long as the issuer has authority to issue commercial paper under proceedings approved by the Board or exempt from approval pursuant to §181.9. The report shall contain the following information with respect to the semi-annual period immediately preceding the date of filing of the report:
- (1) the aggregate principal amount of commercial paper that the issuer is authorized to issue and have outstanding at any one time;
- (2) the aggregate principal amount of commercial paper outstanding as of the end of such semi-annual period;
- (3) the aggregate principal amount of commercial paper issued to fund project costs during such semi-annual period;
- (4) a list of the projects for which commercial paper was issued during such semi-annual period;
- (5) as used in this subsection, term "semi-annual period" means each of the following six-month periods ending the last day of February and August of each year.
- (e) Submission of this final report is for the purpose of compiling data and disseminating information to all interested parties. The cost of reproduction of any and all portions of the final documents shall be borne by each requesting party.
- (f) The bond finance office shall prepare and make available to the members of the Board a summary of each final report within 30 days after the final report has been submitted by the issuer. This summary shall compare the estimated costs of issuance for the items listed in sections 181.3(d)(8) and (9) contained in the application for approval with the actual costs of issuance listed in section 181.5(c)(1) submitted in the final report. This summary must also include other information that in the opinion of the bond finance office represents a material addition to or a substantial deviation from the application for approval.
Source Note:The provisions of this §181.5 adopted to be effective August 10, 1988, 13 TexReg 3755; amended to be effective June 26, 1989, 14 TexReg 2901; amended to be effective February 27, 2002, 27 TexReg 1335; amended to be effective June 30, 2004, 29 TexReg 6125.