Public Finance

Our public finance practice has assisted cities, counties, school districts, and other public entities with their public financing requirements since the 1980’s. Our attorneys represent river authorities, water districts, municipalities, utility districts, and water supply corporations in obtaining financing from a variety of sources including the Texas Water Development Board, the Texas Department of Agriculture, the United States Department of Agriculture – Rural Development and Rural Utilities, and the private sector with major bond firms. Since that time, the firm has served as bond counsel, underwriter’s counsel or issuer’s counsel in hundreds of transactions.

Our attorneys do more than just complete the bond transaction. In our view, public finance requires more than an understanding of federal tax law. It is important to have a thorough understanding of the substantive laws that are applicable to the local governments that are issuing bonds, such as the Open Meetings Act and the purchasing laws that may apply to various issuers. Our attorney also represent clients in bond elections and bond validation suits and have obtained favorable results for a number of public entities.

Our attorneys provide attentive, efficient and timely in providing bond counsel services with regard to:

  • Bond Transactions, including preparing the form of the bond; attending the bond sale, signing, closing and all other meetings and conferences requested by our clients; preparing and assembling the transcript of the bond proceedings and submitting it to the Attorney General for approval; submitting the transcript for registration by the Comptroller of Public Accounts; assembling a final transcript of the proceedings for the client, and for tax-exempt filings; and preparing the No Arbitrage Certificate and the Form 80380G, which we file with the Internal Revenue Services;
  • Financing Instruments, including preparing General Obligation Bonds, Certificates of Obligation, Contractual Obligations, Revenue Bonds, Refunding Bonds, Tax Notes, Certificates of Participation, and Lease Purchase Contracts;
  • Economic Development Issues, including assisting with development corporations, tax abatements, and tax increment financing;
  • Timelines, including handling statutory notice requirements; and assessing review times for the Attorney General of Texas;
  • Legal Opinions, including reviewing the proceedings and rendering whether the bonds issued by the government entity are valid and binding under Texas law, and either tax-exempt or taxable bonds;
  • Bond Law Methodology, including preparing all bond ordinances, financing agreements, contracts, certificates and other documents that will be required for the issuance of its valid tax-exempt interest bonds;
  • Working with Financial Advisors, including assisting the advisor with preparation of the official statement or other disclosure documents, including the description of the bonds and the security;
  • Bond Elections & Bond Litigation, including representing clients in bond elections; defending challenges to bonds; and representing clients in bond validation suits.