By: Schwertner S.B. No. 2230
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation and administration of the Texas Bullion
  Depository.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 1232, Government Code is
  amended by adding Section 1232.1026 to read as follows:
         Sec. 1232.1026.  ISSUANCE OF BONDS FOR TEXAS BULLION
  DEPOSITORY.  (a) The board may issue and sell bonds in the name of
  the authority to finance the acquisition or construction of
  buildings to be used by the Texas Bullion Depository.
         (b)  After receiving a request under Section 2116.063, the
  board shall promptly issue and sell bonds in the name of the
  authority to provide the requested financing.
         (c)  The comptroller shall accomplish its statutory
  authority as if the property or building were financed by
  legislative appropriation.  The board and the comptroller shall
  adopt a memorandum of understanding that defines the division of
  authority between the board and comptroller.
         (d)  On completion of the acquisition or construction, the
  comptroller shall lease the building from the authority.
         (e)  Section 1232.114 does not apply to a building purchased
  under this section.
         SECTION 2.  Chapter 2116, Government Code is amended by
  adding Subchapter C to read as follows:
  SUBCHAPTER C. DEPOSITORY FACILITY
         Sec. 2116.061. ACQUISITION OF PROPERTY.  The comptroller may
  by purchase, lease, donation, or otherwise acquire real property to
  operate the depository.
         Sec. 2116.062.  PURCHASE OF BUILDING SUBJECT TO EXISTING
  LEASE; AUTHORITY TO LEASE.  (a) If the comptroller determines that
  doing so is advantageous to the state, the comptroller may purchase
  property that is subject to existing leases by private tenants and
  may continue or renew an existing lease.  The comptroller may
  renegotiate the terms of an already existing lease to obtain terms
  that are more favorable to the state.
         (b) The comptroller may lease at fair marker value any
  portion of a building acquired under this subchapter to a private
  tenant for commercial activities.
         (c)  Money received from a lease under this section may be
  used by the comptroller to repay any debt or bonds used to acquire
  the property.
         Sec. 2116.063.  BORROWING MONEY; ISSUING AND SELLING BONDS.  
  (a)  The comptroller may borrow money in the amount and under
  circumstances authorized by the legislature and may request the
  Texas Public Finance Authority, on behalf of the comptroller, to
  issue and sell bonds to acquire real property to operate the
  depository.
         (b)  The Texas Public Finance Authority may sell the bonds in
  any manner it determines to be in the best interest of the
  comptroller, except that it may not sell a bond that has not been
  approved by the attorney general and registered with the
  comptroller.
         Sec. 2116.064.  TITLE TO AND CONTROL OF FACILITY.  The
  comptroller shall obtain title for the state and retain control of
  real property acquired for the depository facility.
         SECTION 3.  This Act takes immediate effect if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.