This section sets filing fees for certain reservation, carryforward, and closing applications, and sets deadlines for when some closing fees must be paid.
Sec. 1372.006. FEES. (a) An application for a reservation under Subchapter B or a carryforward designation under Subchapter C must be accompanied by a nonrefundable fee in the amount of $500, except that: (1) for projects that include multiple facilities authorized under Section 1372.002(e), the application must be accompanied by a nonrefundable fee in an amount of $500 for each facility included in the application for the project; (2) for issuers of qualified residential rental project bonds the application must be accompanied by a nonrefundable fee of $5,000, of which the board shall retain $1,000 to offset the costs of the private activity bond allocation program and the administration of that program and of which the board shall transfer $4,000 through an interagency agreement to the Texas Department of Housing and Community Affairs for use in the affordable housing research and information program as provided by Section 2306.259; and (3) for a project that includes multiple qualified residential rental projects authorized under Section 1372.002(f), the application must be accompanied by a nonrefundable fee in an amount of $5,000 for each qualified residential rental project included in the application for the project, with a maximum total fee of $25,000. The board shall retain 20 percent to offset the costs of the private activity bond allocation program and the administration of that program. The board shall transfer 80 percent through an interagency agreement to the Texas Department of Housing and Community Affairs for use in the affordable housing research and information program as provided by Section 2306.259. (b) An issuer, other than an issuer under Section 1372.022(a)(2), shall submit to the board a closing fee in an amount that is equal to the greater of: (1) $1,000; or (2) 0.025 percent of the principal amount of the bonds certified as provided by Section 1372.039(a)(1). (c) An issuer exchanging a portion of the state ceiling for mortgage credit certificates shall submit to the board a closing fee in an amount that is equal to the greater of: (1) $1,000; or (2) 0.0125 percent of the amount of the state ceiling exchanged. (d) Of each fee required by Subsection (b) or (c): (1) one-third must be submitted not later than the 35th day after the reservation date for the issue; and (2) the remainder must be submitted at the time of closing. (e) An issuer receiving a carryforward designation shall submit to the board a fee in an amount that is equal to the greater of: (1) $1,000; or (2) 0.025 percent of the amount of the carryforward designation. (f) A fee required by Subsection (e) must be submitted not later than the fifth business day following the date of receipt of the carryforward designation. Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.012(a), eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1329, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 951 (H.B. 1582), Sec. 2, eff. June 18, 2005. Acts 2009, 81st Leg., R.S., Ch. 1416 (S.B. 2064), Sec. 6, eff. June 19, 2009. Acts 2015, 84th Leg., R.S., Ch. 233 (H.B. 2878), Sec. 2, eff. September 1, 2015. Acts 2019, 86th Leg., R.S., Ch. 992 (S.B. 1474), Sec. 3, eff. September 1, 2019. SUBCHAPTER B. ALLOCATION AND RESERVATION OF STATE CEILING