By Turner of Harris                                   H.B. No. 2095
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  authorizing revenue bonds issued by Regional Education Service
    1-3  Centers to be guaranteed by the Permanent School Fund.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Texas Education Code, Section 20.901 is amended
    1-6  to read as follows:
    1-7        "Sec. 20.901.  Definitions.  In this subchapter:
    1-8              (1)  "Board" means the State Board of Education.
    1-9              (2)  "Commissioner" means the commissioner of
   1-10  education.
   1-11              (3)  "Fund" means the permanent school fund.
   1-12              (4)  "Paying agent" means the financial institution
   1-13  that is designated by a school district as its agent for the
   1-14  payment of the principal of and interest on guaranteed bonds.
   1-15              (5)  "Center" means a Regional Education Service Center
   1-16  established under the provisions of Texas Education Code, Section
   1-17  11.32."
   1-18        SECTION 2.  Texas Education Code, Section 20.904 is amended
   1-19  to read as follows:
   1-20        "Sec. 20.904.  Eligibility.  To be eligible for approval by
   1-21  the commissioner, bonds must be issued under Subchapter A of this
   1-22  chapter or under Chapter 503, Acts of the 54th Legislature, 1955
   1-23  (Article 717k, Vernon's Texas Civil Statutes), by an accredited
    2-1  school district, or must be issued under Texas Education Code,
    2-2  Section 11.331 by a center."
    2-3        SECTION 3.  Texas Education Code, Section 20.905 is amended
    2-4  to read as follows:
    2-5        Sec. 20.905.  Application for Guarantee.  (a)  A school
    2-6  district or center seeking the guarantee of eligible bonds shall
    2-7  apply to the commissioner.
    2-8        (b)  The application must include:
    2-9              (1)  the name of the school district or center and the
   2-10  principal amount of the bonds to be issued;
   2-11              (2)  the name and address of the <district's> district
   2-12  or center's  paying agent for those bonds; and
   2-13              (3)  the maturity schedule, estimated interest rate,
   2-14  and date of the bonds.
   2-15        (c)  The application must be accompanied by a fee set by rule
   2-16  of the board in an amount designed to cover the costs of
   2-17  administering the guarantee program.
   2-18        SECTION 4.  Texas Education Code, Section 20.906 is amended
   2-19  to read as follows:
   2-20        Sec. 20.906.  Investigation.  (a)  Following receipt of an
   2-21  application for the guarantee of bonds, the commissioner shall
   2-22  conduct an investigation of the applicant <school district> in
   2-23  regard to:
   2-24              (1)  the district's accreditation in the case of an
   2-25  applicant school district; and
    3-1              (2)  the total amount of outstanding guaranteed bonds.
    3-2        (b)  If following the investigation the commissioner is
    3-3  satisfied that the school <district's> district or center's bonds
    3-4  should be guaranteed under this subchapter, the commissioner shall
    3-5  endorse the bonds.
    3-6        SECTION 5.  Texas Education Code, Section 20.908 is amended
    3-7  to read as follows:
    3-8        Sec. 20.908.  Notice of Default.  Immediately following a
    3-9  determination that a school district or center will be or is unable
   3-10  to pay maturing or matured principal or interest on a guaranteed
   3-11  bond, but not later than the fifth day before maturity date, the
   3-12  school district  or center shall notify the commissioner.
   3-13        SECTION 6.  Texas Education Code, Section 20.900 is amended
   3-14  to read as follows:
   3-15        Sec. 20.909.  Payment From Permanent School Fund.
   3-16  (a)  Immediately following receipt of notice under Section 20.908
   3-17  of this code, the commissioner shall cause to be transferred from
   3-18  the appropriate account in the permanent school fund to the
   3-19  <district's> district or center's  paying agent the amount
   3-20  necessary to pay the maturing or matured principal or interest.
   3-21        (b)  Immediately following receipt of the funds for payment
   3-22  of the principal or interest, the paying agent shall pay the amount
   3-23  due and forward the canceled bond or coupon to the State Treasurer.
   3-24  The State Treasurer shall hold the canceled bond or coupon on
   3-25  behalf of the fund.
    4-1        (c)  Following full reimbursement to the fund with interest,
    4-2  the State Treasurer shall further cancel the bond or coupon and
    4-3  forward it to the school district or center for which payment was
    4-4  made.
    4-5        SECTION 7.  Texas Education Code, Section 20.910 is amended
    4-6  to read as follows:
    4-7        Sec. 20.910.  Bonds Not Accelerated on Default.  If a school
    4-8  district or center fails to pay principal or interest on a
    4-9  guaranteed bond when it matures, other amounts not yet mature are
   4-10  not accelerated and do not become due by virtue of the school
   4-11  <district's> district or center's default.
   4-12        SECTION 8.  Texas Education Code, Section 20.911 is amended
   4-13  to read as follows:
   4-14        Sec. 20.911.  Reimbursement of Fund.  (a)  If the
   4-15  commissioner orders payment from the fund on behalf of a school
   4-16  district or center, he shall direct the comptroller of public
   4-17  accounts to withhold the amount paid, plus interest, from the first
   4-18  state money payable to the school district or center.  The amount
   4-19  withheld shall be deposited to the credit of the fund.
   4-20        (b)  In accordance with the rules of the board, the
   4-21  commissioner may authorize reimbursement to the fund with interest
   4-22  in a manner other than that provided by this section.
   4-23        SECTION 9.  Texas Education Code, Section 20.912 is amended
   4-24  to read as follows:
   4-25        Sec. 20.912.  Repeated Defaults.  (a)  If two or more
    5-1  payments from the fund are made on the guaranteed bonds of a school
    5-2  district or center and the commissioner determines that the school
    5-3  district or center is acting in bad faith under the guarantee, the
    5-4  commissioner may request the attorney general to institute
    5-5  appropriate legal action to compel the school district or center
    5-6  and its officers, agents, and employees to comply with the duties
    5-7  required of them by law in regard to the bonds.
    5-8        (b)  Jurisdiction of proceedings under this section is in
    5-9  district court in Travis County.
   5-10        SECTION 10.  The importance of this legislation and the
   5-11  crowded condition of the calendars in both houses create an
   5-12  emergency and an imperative public necessity that the
   5-13  Constitutional rule requiring bills to be read on three several
   5-14  days in each house be suspended, and this rule is hereby suspended.