H.B. No. 2306
    1-1                                AN ACT
    1-2  relating to the issuance of refunding bonds.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (b), Section 2, Chapter 503, Acts of
    1-5  the 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
    1-6  Statutes), is amended to read as follows:
    1-7        (b)  An issuer shall have the right to deposit, or cause to
    1-8  be deposited to the State Treasurer of the State of Texas a sum of
    1-9  money equal to the principal amount of the bonds, notes, and other
   1-10  evidences of indebtedness which it proposes to refund plus the
   1-11  amount of interest which will accrue thereon calculated to the date
   1-12  on which it is to become due or on which it may be redeemed,
   1-13  together with the amount of contract premium if any, required for
   1-14  redemption; the State Treasurer may charge reasonable fees and
   1-15  expenses for services performed under this Act. <and concurrently
   1-16  with such deposit shall pay to the State Treasurer for his services
   1-17  and to reimburse him for his expenses in performing his duties
   1-18  under this Act a sum of money equivalent to one-twentieth (1/20) of
   1-19  one per cent (1%) of the principal amount of said bonds and
   1-20  one-eighth (1/8) of one per cent (1%) of the interest to accrue on
   1-21  all of said underlying obligations, and an additional amount of
   1-22  money sufficient to pay the charges of the bank or trust company at
   1-23  which the principal and interest of said underlying obligations are
    2-1  payable for its services in paying such principal and interest.>
    2-2  The State Treasurer may rely on a certificate by such issuer <city>
    2-3  as to the amount of the charges made by such bank or trust company.
    2-4  At the same time such issuer <city> shall deliver to the State
    2-5  Treasurer a certified copy of the ordinance, order, or resolution
    2-6  authorizing said underlying obligations, or a certified excerpt
    2-7  therefrom, showing clearly the amounts and the date or dates on
    2-8  which interest is due on such underlying obligations, the date when
    2-9  the principal becomes subject to redemption, and the name and
   2-10  address of the bank or trust company at which such principal and
   2-11  interest must be paid.  It shall be the duty of the State Treasurer
   2-12  to accept such deposits, payments, and instruments, and safely to
   2-13  keep and use such money for the purposes set forth in this Act and
   2-14  for no other purpose, and no part of such money except that in
   2-15  payment for his services and to reimburse his expenses in
   2-16  performing such services shall be used by or for the State of Texas
   2-17  or for any creditor of the State of Texas, nor shall such money be
   2-18  commingled with any other money.
   2-19        SECTION 2.  Section 7, Chapter 503, Acts of the 54th
   2-20  Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes), is
   2-21  amended to read as follows:
   2-22        Sec. 7.   When the deposit of money required hereunder is
   2-23  made with the State Treasurer in accordance with this Act, for any
   2-24  obligations being refunded pursuant hereto, such deposit shall
   2-25  constitute the making of firm banking and financial arrangements
    3-1  for the discharge and final payment or redemption of the
    3-2  obligations being refunded; provided, however, that, at the option
    3-3  of and within the discretion of the issuer, provision may be made
    3-4  in the proceedings authorizing the issuance of such refunding bonds
    3-5  for the subordination thereof to the obligations being refunded,
    3-6  but only in the manner and to the extent specifically provided in
    3-7  said proceedings.  <Notwithstanding any provisions of this Act to
    3-8  the contrary, the fees to be paid the State Treasurer for his
    3-9  services and expenses under this Act shall not exceed a maximum of
   3-10  $1,000.>  Immediately after the receipt thereof, and by the most
   3-11  expeditious means, it shall be the duty of the State Treasurer to
   3-12  forward to and deposit with the place of payment (paying agent) for
   3-13  the obligations being refunded all of the money deposited with him
   3-14  pursuant hereto (excepting the fees for his services).  If there is
   3-15  more than one place of payment for the obligations being refunded,
   3-16  the State Treasurer shall forward the aforesaid money directly to
   3-17  the one of said places of payment which is located in the State of
   3-18  Texas; provided that if more than one of such places of payment is
   3-19  located in the State of Texas, or if no place of payment is located
   3-20  in the State of Texas and there is more than one place of payment
   3-21  located outside of the State of Texas, then said money shall be
   3-22  forwarded directly to the one of such places of payment having the
   3-23  largest capital and surplus.  It shall be the duty of the place of
   3-24  payment to deposit the aforesaid money received from the State
   3-25  Treasurer (excepting the amount thereof representing the charges of
    4-1  the place of payment) into an interest and sinking fund to be
    4-2  established and maintained in trust and as a trust fund for the
    4-3  payment of the obligations being refunded.  Further, it shall be
    4-4  the duty of the place of payment, out of said interest and sinking
    4-5  fund, to pay or redeem the obligations being refunded when duly
    4-6  presented therefor at the maturity, due date, or redemption date
    4-7  thereof.  If there is more than one place of payment, the one
    4-8  having the deposit shall make appropriate financial arrangements so
    4-9  that the necessary funds will be available at the other place or
   4-10  places of payment to pay or redeem any of such obligations being
   4-11  refunded when so presented for payment or redemption.  The holder
   4-12  or holders of any obligations being refunded by any refunding bonds
   4-13  issued and sold under this Act shall not have the right to demand
   4-14  or receive payment thereof at any time before the scheduled
   4-15  maturity date or dates, due date or dates, or redemption date or
   4-16  dates, respectively, of said obligations being refunded, unless the
   4-17  governing body of the issuer shall have specifically and
   4-18  affirmatively provided for and authorized the earlier payment of
   4-19  said obligations in the proceedings authorizing said refunding
   4-20  bonds.
   4-21        SECTION 3.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended,
    5-1  and that this Act take effect and be in force from and after its
    5-2  passage, and it is so enacted.