By: Junell H.B. No. 1367
73R5918 LJR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to agreements and provisions contained in resolutions and
1-3 mortgages for the issuance of bonds for certain industrial
1-4 development corporations and to demonstrations of financial
1-5 assurance for those projects.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 25(e), Development Corporation Act of
1-8 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to
1-9 read as follows:
1-10 (e) The principal of and interest on any bonds issued by the
1-11 corporation shall be secured by a pledge of the revenues and
1-12 receipts derived by the corporation from the lease or sale of the
1-13 project so financed or from the loan made by the corporation with
1-14 respect to the project so financed or refinanced and may be secured
1-15 by a mortgage covering all or any part of such project, including
1-16 any enlargements of and additions to such project thereafter made.
1-17 The resolution under which the bonds are authorized to be issued
1-18 and any such mortgage may contain any agreements and provisions
1-19 respecting the maintenance of the project covered thereby, the
1-20 fixing and collection of rents, purchase price payments or loan
1-21 payments, the creation and maintenance of special funds from such
1-22 revenues and the rights and remedies available in the event of
1-23 default, all as the board of directors shall deem advisable and not
1-24 in conflict with the provisions hereof. The resolution under which
2-1 the bonds are authorized to be issued and the mortgage may contain
2-2 any agreements and provisions for satisfying the financial
2-3 assurance requirements applicable to a project for which a permit
2-4 is required under Chapter 361, Health and Safety Code, or Chapter
2-5 27, Water Code, including those relating to construction, proper
2-6 operation, liability coverage, emergency response capability, well
2-7 plugging, closure, and postclosure care. Evidence of the passage
2-8 of a resolution by a governing body approving or agreeing to
2-9 approve the issuance of bonds for the purpose of satisfying the
2-10 financial assurance requirements applicable to such a project is an
2-11 adequate demonstration that sufficient financial resources will be
2-12 available to comply with all existing financial assurance
2-13 requirements. Each pledge, agreement, and mortgage made for the
2-14 benefit or security of any of the bonds of the corporation shall
2-15 continue effective until the principal of and interest on the bonds
2-16 for the benefit for which the same were made have been fully paid.
2-17 SECTION 2. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended,
2-22 and that this Act take effect and be in force from and after its
2-23 passage, and it is so enacted.