1-1  By:  Vowell (Senate Sponsor - Bivins)                 H.B. No. 2558
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 12, 1993, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 8, Nays
    1-6  0; May 12, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom                                        x    
   1-11        Carriker           x                               
   1-12        Henderson                                     x    
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson                                     x    
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19        Whitmire           x                               
   1-20  COMMITTEE SUBSTITUTE FOR H.B. No. 2558                By:  Carriker
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the validation of certain acts and proceedings of
   1-24  certain corporations created under the Health Facilities
   1-25  Development Act and to the authority of corporations created under
   1-26  that act to refund outstanding bonds.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  VALIDATION.  (a)  In this section, "corporation"
   1-29  means a hospital development corporation that was created or
   1-30  attempted to be created pursuant to the Health Facilities
   1-31  Development Act (Chapter 221, Health & Safety Code, formerly
   1-32  compiled as Article 1528j, Vernon's Texas Civil Statutes).
   1-33        (b)  This section applies to all acts, resolutions, orders,
   1-34  instruments, obligations and proceedings whatsoever taken, adopted,
   1-35  authorized, issued, entered into or delivered by any corporation
   1-36  before January 1, 1993.
   1-37        (c)  All such acts, resolutions, orders, instruments,
   1-38  obligations and proceedings of a corporation before January 1,
   1-39  1993, are in all respects validated, ratified, approved and
   1-40  confirmed as of the date they were taken, adopted, authorized,
   1-41  issued, entered into or delivered and shall be treated as though
   1-42  they had originally been duly authorized and accomplished in
   1-43  accordance with law.  Any such acts, resolutions, orders,
   1-44  instruments, obligations or proceedings, shall not be held invalid
   1-45  because they were not taken, adopted, authorized, issued, entered
   1-46  into or delivered in accordance with law.  All governmental acts
   1-47  and proceedings of cities, counties and hospital districts in
   1-48  connection with the authorization and approval of any acts,
   1-49  resolutions, orders, instruments, obligations and proceedings or a
   1-50  corporation are validated, ratified, approved and confirmed as of
   1-51  their original date.
   1-52        (d)  This section does not apply to any matter that on the
   1-53  effective date of this section:
   1-54              (1)  is involved in litigation if the litigation
   1-55  ultimately results in the matter being held invalid by a final
   1-56  judgment of a court of competent jurisdiction, or
   1-57              (2)  has been held invalid by a court of competent
   1-58  jurisdiction.
   1-59        SECTION 2.  REFUNDING OF BONDS.  Section 221.065(a), Health &
   1-60  Safety Code, is amended to read as follows:
   1-61        (a)  A development corporation may issue bonds to refund any
   1-62  of its valid outstanding bonds, including any bonds issued for
   1-63  unspecified projects, and including any redemption premium on the
   1-64  bonds and interest accrued to the date of redemption, on a finding
   1-65  by the board of directors of the development corporation that there
   1-66  is a public benefit and a public purpose for the refunding.
   1-67        SECTION 3.  EMERGENCY.  The importance of this legislation
   1-68  and the crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended,
    2-4  and that this Act take effect and be in force from and after its
    2-5  passage, and it is so enacted.
    2-6                               * * * * *
    2-7                                                         Austin,
    2-8  Texas
    2-9                                                         May 12, 1993
   2-10  Hon. Bob Bullock
   2-11  President of the Senate
   2-12  Sir:
   2-13  We, your Committee on Intergovernmental Relations to which was
   2-14  referred H.B. No. 2558, have had the same under consideration, and
   2-15  I am instructed to report it back to the Senate with the
   2-16  recommendation that it do not pass, but that the Committee
   2-17  Substitute adopted in lieu thereof do pass and be printed.
   2-18                                                         Armbrister,
   2-19  Chairman
   2-20                               * * * * *
   2-21                               WITNESSES
   2-22                                                  FOR   AGAINST  ON
   2-23  ___________________________________________________________________
   2-24  Name:  Robert Henderson                          x
   2-25  Representing:  First Southwest Co.
   2-26  City:  Austin
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