H.B. No. 1273
    1-1                                AN ACT
    1-2  relating to the issuance of obligations and the execution of credit
    1-3  agreements by certain governmental entities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 1(1), (3), (5), and (6), Chapter 656,
    1-6  Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
    1-7  Vernon's Texas Civil Statutes), are amended to read as follows:
    1-8              (1)  "Issuer" means (A) any incorporated city operating
    1-9  under a home-rule charter adopted pursuant to Article XI, Section
   1-10  5, of the Constitution of Texas having a population according to
   1-11  the latest federal decennial census of 90,000 or more and having
   1-12  outstanding long-term debt secured by the revenues of the public
   1-13  utility for which the obligations are being issued which is rated
   1-14  by a nationally recognized rating agency for municipal securities
   1-15  in one of the four highest rating categories for long-term
   1-16  obligations; (B) any conservation and reclamation district created
   1-17  and organized as a river authority under and pursuant to Article
   1-18  III, Section 52, or Article XVI, Section 59, of the Constitution of
   1-19  Texas and by an act of the legislature of the State of Texas; (C)
   1-20  any joint powers agency organized and operating pursuant to Chapter
   1-21  166, Acts of the 63rd Legislature, Regular Session, 1973 (Article
   1-22  1435a, Revised Statutes); (D) any metropolitan rapid transit
   1-23  authority or regional transportation authority created, organized,
   1-24  and operating pursuant to Chapter 141, Acts of the 63rd
    2-1  Legislature, Regular Session, 1973 (Article 1118x, Revised
    2-2  Statutes) or Chapter 683, Acts of the 66th Legislature, Regular
    2-3  Session, 1979 (Article 1118y, Revised Statutes); (E) any
    2-4  conservation and reclamation district organized or operating as a
    2-5  navigation district under and pursuant to Article III, Section 52,
    2-6  or Article XVI, Section 59, of the Constitution of Texas; (F) any
    2-7  district organized or operating under and pursuant to Article XVI,
    2-8  Section 59, of the Constitution of Texas which has all or part of
    2-9  two or more incorporated cities within its boundaries; (G) agencies
   2-10  of the State of Texas (including the governing boards of the state
   2-11  institutions of higher education); <and> (H) any hospital authority
   2-12  in a county with a population of more than 2 million, according to
   2-13  the most recent federal census, that was created or is operating
   2-14  under Chapter 262, Health and Safety Code or Chapter 264, Health
   2-15  and Safety Code; and (I) any nonprofit corporation organized to
   2-16  exercise the powers of a higher education authority under
   2-17  Subsection (e), Section 53.47, Education Code.
   2-18              (3)  "Eligible project" means:
   2-19                    (A)  the acquisition or construction of and
   2-20  improvements, additions, or extensions to a public utility, one or
   2-21  more, including capital assets and facilities incident and related
   2-22  to the operation, maintenance, and administration thereof, and,
   2-23  with respect to properties and facilities for (1) <(A)> the
   2-24  generation of electric power and energy, fuel acquisition, or
   2-25  development or facilities for  the transportation thereof; (2)
   2-26  <(B)> a public transportation system, buildings, structures,
   2-27  terminals, rolling stock, garages, shops, equipment, and other
    3-1  facilities (including vehicle parking areas and facilities
    3-2  necessary or convenient for the beneficial use and access of
    3-3  persons and vehicles to stations, terminals, yards, cars, and buses
    3-4  or for the protection and environmental enhancement of such
    3-5  facilities) for mass public transportation; (3) <and (C)> a port
    3-6  facility, wharves, docks, warehouses, grain elevators, other
    3-7  storage facilities, bunkering facilities, port-related railroads
    3-8  and bridges, floating plants and facilities, lightering facilities,
    3-9  cargo handling facilities, towing facilities, and all other
   3-10  facilities or aids incident to or useful in the operation of a port
   3-11  facility; and (4) a project for which there exist authorized but
   3-12  unissued obligations approved by a majority of the voters of the
   3-13  issuer, including obligations payable from ad valorem taxes; and
   3-14                    (B)  a project for which an issuer is authorized
   3-15  to issue revenue bonds secured, in whole or in part, by revenues
   3-16  derived from or related to student loans.
   3-17              (5)  "Obligations" means notes, warrants, or other
   3-18  special obligations authorized to be issued by an issuer under the
   3-19  provisions of this Act and all "bonds" as defined in the Bond
   3-20  Procedures Act of 1981 (Article 717k-6, Revised Statutes), which,
   3-21  prior to the delivery thereof, have been rated by a nationally
   3-22  recognized rating agency for municipal securities in either one of
   3-23  the three highest rating categories for short term obligations or
   3-24  one of the four highest rating categories for long term
   3-25  obligations.  It is provided, however, that the term "obligations"
   3-26  does not mean or include any obligations payable from ad valorem
   3-27  taxes, except as specifically permitted by this Act.
    4-1              (6)  "Credit agreement" means loan agreement, revolving
    4-2  credit agreement, agreement establishing a line of credit, letter
    4-3  of credit, reimbursement agreement, insurance contract, commitments
    4-4  to purchase obligations, purchase or sale agreements, interest rate
    4-5  swap agreement, or commitments or other contracts or agreements
    4-6  authorized and approved by the governing body of an issuer either
    4-7  in connection with the authorization, issuance, security, exchange,
    4-8  payment, purchase, or redemption of obligations and/or interest
    4-9  thereon, or as otherwise authorized by this Act.
   4-10        SECTION 2.  Section 2, Chapter 656, Acts of the 68th
   4-11  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   4-12  Civil Statutes), is amended by amending Subsection (a) and adding
   4-13  Subsection (c) to read as follows:
   4-14        (a)  The governing body of an issuer is hereby authorized and
   4-15  empowered to issue, sell, and deliver obligations and to execute
   4-16  and deliver credit agreements <in relation thereto> to finance
   4-17  project costs of an eligible project, or to refund obligations
   4-18  issued in connection with an eligible project as may be authorized
   4-19  and approved by the governing body, subject to the limitations
   4-20  contained herein.  Obligations shall be secured solely by (A) the
   4-21  proceeds of sale of other obligations; (B) the proceeds of sale of
   4-22  revenue bonds payable from the revenue to be received from a public
   4-23  utility or a specified user of a public utility; (C) any revenues
   4-24  which the issuer is authorized by any statute, city home-rule
   4-25  charter, or constitutional provision to pledge to the payment of
   4-26  any obligations; or (D) any one or more of such sources, including
   4-27  credit agreements, all as the governing body of the issuer shall
    5-1  provide in the resolution, order, or ordinance authorizing the
    5-2  issuance of the obligations.  Obligations shall be repaid from the
    5-3  source or sources securing the payment thereof, funds received from
    5-4  a credit agreement, or from any other revenues otherwise legally
    5-5  available for the payment thereof, except funds derived from ad
    5-6  valorem taxation unless the use of ad valorem taxes is in
    5-7  accordance with Subsection (c) of this section.  An issuer may
    5-8  execute a credit agreement in relation to the issuance, payment,
    5-9  sale, resale, or exchange of obligations at any time, without
   5-10  regard to whether a credit agreement was contemplated, authorized,
   5-11  or executed in relation to the initial issuance, sale, and delivery
   5-12  of obligations.
   5-13        (c)  The governing body of an issuer may secure obligations
   5-14  and pay the cost of credit agreements executed and delivered in
   5-15  connection with financing the project costs of eligible projects
   5-16  with ad valorem taxes or with other sources permitted by this Act.
   5-17        SECTION 3.  Section 4, Chapter 656, Acts of the 68th
   5-18  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   5-19  Civil Statutes), is amended to read as follows:
   5-20        Sec. 4.  The governing body of an issuer may enter into
   5-21  credit agreements in conjunction with the issuance, payment, sale,
   5-22  resale, or exchange of obligations to enhance the security for or
   5-23  provide for the payment, redemption, or remarketing of the
   5-24  obligations and interest on the obligations <or> to reduce the
   5-25  interest payable on the obligations or in conjunction with the
   5-26  interim financing of eligible projects of the issuer.  A credit
   5-27  agreement is an agreement for professional services and shall
    6-1  contain the terms and conditions and be for the period that the
    6-2  governing body of the issuer approves.  The cost to the issuer of
    6-3  the credit agreement may be paid from the proceeds of the sale of
    6-4  the obligations to which the credit agreement relates or from any
    6-5  other source, including:
    6-6              (1)  revenues of the issuer that are available for the
    6-7  purpose of paying the obligations;
    6-8              (2)  <and> the interest on the obligations or that may
    6-9  otherwise be legally available to make those payments;  and
   6-10              (3)  ad valorem taxes to the extent permitted by this
   6-11  Act.
   6-12        SECTION 4.  Section 5, Chapter 656, Acts of the 68th
   6-13  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   6-14  Civil Statutes), is amended to read as follows:
   6-15        Sec. 5.  Obligations (including accrued interest) and credit
   6-16  agreements may from time to time be refinanced, renewed, or
   6-17  refunded by the issuance of other obligations or credit agreements.
   6-18        SECTION 5.  Section 6, Chapter 656, Acts of the 68th
   6-19  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   6-20  Civil Statutes), is amended to read as follows:
   6-21        Sec. 6.  Preliminary to the issuance and delivery of
   6-22  obligations or a credit agreement executed under this Act, the
   6-23  proceedings of the issuer<, the resolution, order, or ordinance>
   6-24  authorizing the issuance, execution, and delivery of any
   6-25  obligations, any <thereof, together with any> credit agreements,
   6-26  and any contracts providing revenues or security to pay the
   6-27  obligations or credit agreements<,> shall be submitted to the
    7-1  attorney general for his review.  If the attorney general shall
    7-2  find that such credit agreement or agreements, if any, contracts,
    7-3  if any, and other authorizing proceedings conform to the
    7-4  requirements of the Texas Constitution and this Act, the attorney
    7-5  general shall approve them.  Thereafter, the obligations and the
    7-6  credit agreements authorized therein may be executed and delivered,
    7-7  exchanged, or refinanced from time to time in accordance with the
    7-8  authorizing proceedings.  Upon such approval by the attorney
    7-9  general and initial delivery of any obligations so authorized, any
   7-10  such credit agreements, any such contracts providing revenues or
   7-11  security, such initial obligations and all other obligations
   7-12  thereafter issued pursuant to the authorizing proceedings, shall be
   7-13  incontestable for any cause in any court or other forum and shall
   7-14  be valid and binding obligations enforceable in accordance with
   7-15  their respective terms and provisions.
   7-16        SECTION 6.  The importance of this legislation and the
   7-17  crowded condition of the calendars in both houses create an
   7-18  emergency and an imperative public necessity that the
   7-19  constitutional rule requiring bills to be read on three several
   7-20  days in each house be suspended, and this rule is hereby suspended,
   7-21  and that this Act take effect and be in force from and after its
   7-22  passage, and it is so enacted.