Texas Legislature amends definition of closing for private activity bonds

January 06, 2025 | 2025 Introduced Bills, Senate, 2025 Bills , Texas Legislation Bills, Texas


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Texas Legislature amends definition of closing for private activity bonds
Texas Senate Bill 708, introduced on January 6, 2025, aims to clarify the definition of "closing" in relation to private activity bonds, particularly those associated with qualified residential rental projects. The bill, proposed by Senator Alvarado, seeks to amend Section 1372.001(3) of the Government Code to specify that "closing" refers to the delivery of a bond by an issuer in exchange for the required payment. Notably, it allows for a partial payment of at least 10 percent of the bond's required payment to qualify as a closing, which could facilitate funding for residential projects.

The bill also stipulates that the delivery of a bond will not be considered a closing if the expenditure of the bond's proceeds is contingent upon obtaining credit enhancement. This provision is significant as it addresses concerns regarding the conditions under which bonds can be issued, potentially streamlining the process for developers and investors in the housing sector.

Debate surrounding the bill has focused on its implications for the housing market and the accessibility of funding for residential projects. Proponents argue that the changes will encourage investment in affordable housing by making it easier for developers to secure financing. However, some critics express concerns that the bill may lead to less oversight in the issuance of bonds, potentially increasing financial risks.

The economic implications of SB 708 could be substantial, particularly in a state like Texas, where housing demand continues to rise. By clarifying the closing process for private activity bonds, the bill could enhance the flow of capital into residential projects, thereby addressing housing shortages.

If passed, the bill would take effect immediately upon receiving a two-thirds majority vote in both legislative houses; otherwise, it would become effective on September 1, 2025. As the legislative session progresses, stakeholders in the housing and finance sectors will be closely monitoring the bill's developments and potential impact on Texas's housing landscape.

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