1. (a) Form. Applications must be filed on forms prescribed by the board and must contain all information and documentation required under the Act and this chapter, as applicable.

2. (b) Filing. The issuer shall submit one original and two copies of the application for carryforward. Each application must be accompanied by the following:

   1. (1) the $500 nonrefundable filing fee;
   2. (2) the certificate regarding fees, on the form prescribed by the board;
   3. (3) a copy of the inducement resolution or other similar official action taken by the issuer with respect to the bonds and the project which are the subject of the application, certified by an officer of the issuer; or a copy of the certified resolution of the issuer authorizing the filing of the application for carryforward;
   4. (4) documentation of priority classification;
   5. (5) if applicable, a copy of the binding contract to incur significant expenditures or documentation of significant expenditures paid or incurred prior to submission of the application for carryforward;
   6. (6) if significant expenditures have been paid or incurred, a written opinion of legal counsel, addressed to the board, to the effect that the board may rely on the representation contained in the binding contract or documentation to fulfill the requirements of the Act; and
   7. (7) a written opinion of legal counsel addressed to the board, to the effect that the bonds are eligible for carryforward designation and that the issuer is authorized under the laws of the state to issue bonds for projects of the same type and nature as the project which is the subject of the application. This opinion shall cite by constitutional or statutory reference the provision of the constitution or law of the state which authorizes the bonds for the project.
3. (c) Additional information. The board may require additional information at any time before granting a certificate of carryforward.

4. (d) Closing documents. Not later than the fifth business day after the day on which the bonds are closed the issuer shall file with the board:

   1. (1) a closing documents checklist on the form prescribed by the board;
   2. (2) a certificate of delivery on the form prescribed by the board;
   3. (3) a certified copy of the bond resolution authorizing the issuance of bonds, and setting forth the specific principal amount of the bond issue;
   4. (4) if one is required, a copy of the approval of the local government unit or local government units, certified by a public official with the authority to certify such approval. This requirement shall not apply to any bonds for which the Code does not require such a public hearing and approval of a local government unit or local government units;

   5. (5) other documents relating to the issuance of bonds, including a statement of the bonds':

      1. (A) principal amount;
      2. (B) interest rate or the formula by which the interest is calculated;
      3. (C) maturity schedule;
      4. (D) purchaser or purchasers; and
   6. (6) an official statement.

Source Note:The provisions of this §190.4 adopted to be effective January 3, 1992, 16 TexReg 7646; amended to be effective January 11, 1993, 18 TexReg 65; amended to be effective October 8, 1997, 22 TexReg 9895.