Private Activity Bond Allocation Program

Since the passage of the Tax Reform Act of 1986 (the "Tax Act"), federal law has limited tax-exempt financing of private activities. Private activity bonds are those bonds that meet any of the following tests: 1) Private Business Use Test - more than 10% of the proceeds are to be used for any private business use; 2) Private Security or Payment Test - payment on principal or interest of more than 10% of the proceeds is to be directly or indirectly secured by, or payments are to be derived from a private business use; and 3) Private Loan Financing Test - proceeds are to be used to make or finance loans to persons other than governmental units.

Chapter 1372 of the Texas Government Code mandates the allocation process for the state of Texas. The Private Activity Bond Allocation Program regulates the volume ceiling and monitors the amount of demand and the use of private activity bonds each year. The Texas Bond Review Board has administered this program since January 1, 1992.

Questions concerning the Private Activity Bond Allocation Program should be directed to the Program Administrator.

In accordance with section 418.016 of the Texas Government Code, the Office of the Governor suspends Tex Gov’t Code §1372.037 (4) until August 15, 2018 for qualified residential rental projects within the designated counties eligible for FEMA Individual Assistance.

PAB Resources

Note: Last day to receive a reservation for the 2018 Program Year is November 15, 2018.