SECTION 187.11. Contributions Made to the Reserve Account

(a) For each capital access loan made by a participating financial institution, the financial institution shall certify to the Office, within 15 business days, that the institution has made a capital access loan, the amount the financial institution has deposited into the reserve account, including the contributions made by the eligible applicant, and, if applicable that the eligible applicant is located in or financing a project, activity, or enterprise in an area designated as an enterprise zone or is a child-care center or group day-care home.

(b) When a participating financial institution makes a loan enrolled under the program, it shall require a fee of the eligible applicant in an amount that is not less than two percent but not greater than three percent of the principal amount of the loan, which will then be deposited into the institution's reserve account. The amount of reserve contribution made by an eligible applicant may be financed within the loan being originated.

(c) The financial institution shall also place into the reserve account an amount equal to that placed into the reserve account by the eligible applicant. The institution may recover all or part of its contribution to reserve in any manner previously agreed upon between the participating financial institution and the eligible borrower.

(d) The department shall place into the reserve account an amount to be determined by the following:

(1) an amount equal to the total amount deposited by the financial institution and the eligible applicant for each loan if the institution:

(A) has assets of more than $1 billion; or

(B) has previously enrolled loans in the program that in the aggregate are more than $2 million.

(2) an amount equal to 150% of the total deposit made by the financial institution and the eligible applicant if the financial institution is not described within paragraph (1) of this subsection.

(3) notwithstanding paragraphs (1) and (2) of this subsection, an amount equal to 200% of the total amount deposited by both the institution and the eligible applicant if:

(A) the eligible applicant is located or financing a project, activity, or enterprise in an area designated as an enterprise zone; or

(B) the eligible applicant is a small or medium size business or a non-profit organization that operates or proposes to operate a day-care center or group day-care home, as those terms are defined by Human Resources Code, §42.002.

Source Note: The provisions of this §187.11 adopted to be effective September 15, 1997, 22 TexReg 8967; amended to be effective October 31, 2002, 27 TexReg 10010; amended to be effective August 5, 2012, 37 TexReg 5735