IRBs are issued by Industrial Development Corporations sponsored by a government unit, but their proceeds are passed on to private businesses, which are generally responsible for debt service payment.
Who Can Apply?
Industrial Development Corporations (IDCs) or equivalent bodies whose creation by cities, counties or conservation and reclamation districts is authorized by the Development Corporation Act of 1979. IDC’s must issue IRBs on behalf of a city, county or conservation and reclamation district for the benefit of private companies for eligible projects within their jurisdiction. Another governmental unit outside of the IDC’s jurisdiction may request the IDC to issue bonds on its behalf.
Type of Incentive
Tax-exempt or taxable bonds issued on behalf of private companies for eligible projects, as defined in the Development Corporation Act of 1979. Generally, the bond debt service is paid by the private company under the terms of a lease, sale, or loan agreement. As such, the bonds do not constitute debts of or obligations of the sponsoring governmental unit, the IDC, or the State of Texas, except for Sales Tax Bonds.
There are 5 types of IRBs available:
Tax-Exempt Industrial Revenue Bonds for Manufacturing Projects: Issued to finance land and depreciable property for manufacturing facilities. An annual lottery is held for volume cap allocation.
Maximum Issue Amount: $10,000,000
Maximum Project Capital Expenditure: $20,000,000
Subject to State Volume Cap? Yes
Exempt-Facility Bonds: Issued to finance certain facilities such as airports, dock and wharf facilities, mass commuting facilities, high-speed inter-city rail facilities, or certain qualified hazardous waste facilities. Facility must be governmentally owned, but may be leased or subject to management contracts with business.
Maximum Issue Amount: No limit
Maximum Project Capital Expenditure: No Limit
Subject to State Volume Cap? Depends on facility type
Taxable Industrial Revenue Bonds:
Maximum Issue Amount: No limit
Maximum Project Capital Expenditure: No limit
Subject to State Volume Cap? No
Sales Tax Bonds: Bonds are available only to those cities which have adopted an economic development sales and use tax.
Empowerment Zone Bonds: Bonds are allowable only for projects located in federally designated empowerment zones or enterprise communities.
Eligibility Details
Please refer to the Development Corporation Act for definitions of eligible projects and eligible costs associated with those projects.
The issuance of bonds is governed by the state and federal law, and qualified bond counsel should be consulted on all potential IRB issuances.