1-1  By:  Leedom                                             S.B. No. 63
    1-2        (In the Senate - Filed December 16, 1992; January 13, 1993,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; February 18, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  February 18, 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 S.B. No. 63                    By:  Leedom
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the issuance of anticipation notes by counties and
   1-24  municipalities.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Chapter 1, Title 22, Revised Statutes, is amended
   1-27  by adding Article 717w to read as follows:
   1-28        Art.  717w.  ANTICIPATION NOTES
   1-29        Sec. 1.  DEFINITIONS.  In this article:
   1-30              (1)  "Amount available" includes cash, marketable
   1-31  securities, or money in an account that, without legislative or
   1-32  judicial action, may be used to pay an issuer's anticipated
   1-33  expenditures.  The term does not include:
   1-34                    (A)  money in an account that is subject to a
   1-35  legislative, judicial, or contractual requirement that the account
   1-36  be reimbursed; or
   1-37                    (B)  the proceeds of an anticipation note issued
   1-38  under this article.
   1-39              (2)  "Anticipated expenditure" means an expenditure
   1-40  that is payable from anticipated tax or other revenue.
   1-41              (3)  "Anticipation note" means a note issued under this
   1-42  article.
   1-43              (4)  "Cash reserve" means an amount reasonably required
   1-44  by an issuer for the payment of unanticipated expenditures.  For
   1-45  purposes of this article, an amount equal to one month's
   1-46  anticipated expenditures is presumed to be reasonably required as a
   1-47  cash reserve.
   1-48              (5)  "Cumulative cash flow deficit" means, for the
   1-49  period for which the amount is determined, the amount by which the
   1-50  sum of an issuer's anticipated expenditures plus the issuer's cash
   1-51  reserve exceeds the amount available for payment of the anticipated
   1-52  expenditures.
   1-53              (6)  "Governing body" means the board, council,
   1-54  commission, court, or other body or group authorized to issue
   1-55  anticipation notes for or on behalf of an issuer.
   1-56              (7)  "Issuer" means a municipality or county.
   1-57        Sec. 2.  CONFLICT WITH OTHER LAW.  If there is a conflict
   1-58  between this article and another statute, the issuer may use either
   1-59  provision, and it is not necessary for the governing body to
   1-60  designate the law under which the action is being taken.
   1-61        Sec. 3.  PURPOSES FOR WHICH ANTICIPATION NOTES MAY BE
   1-62  AUTHORIZED.  The commissioners court of a county on recommendation
   1-63  of the county auditor or budget officer, if applicable, and the
   1-64  governing body of a municipality may authorize anticipation notes
   1-65  to:
   1-66              (1)  pay a contractual obligation incurred or to be
   1-67  incurred for the construction of any public work;
   1-68              (2)  pay a contractual obligation incurred or to be
    2-1  incurred for the purchase of materials, supplies, equipment,
    2-2  machinery, buildings, lands, and rights-of-way for authorized needs
    2-3  and purposes;
    2-4              (3)  pay a contractual obligation incurred or to be
    2-5  incurred for professional services, including services provided by
    2-6  tax appraisal engineers, engineers, architects, attorneys,
    2-7  mapmakers, auditors, financial advisors, and fiscal agents;
    2-8              (4)  pay operating expenses or current expenses; or
    2-9              (5)  fund the issuer's cumulative cash flow deficit.
   2-10        Sec. 4.  ADDITIONAL AUTHORITY FOR COUNTIES AND CERTAIN
   2-11  MUNICIPALITIES.  (a)  This section applies only to:
   2-12              (1)  a county; or
   2-13              (2)  a home-rule municipality that has a population of
   2-14  90,000 or more, according to the most recent federal census.
   2-15        (b)  Notwithstanding anything in this article to the
   2-16  contrary, the governing body of an issuer described by Subsection
   2-17  (a) of this section may exercise the authority granted to the
   2-18  governing body of an issuer with regard to issuance of obligations
   2-19  under Chapter 656, Acts of the 68th Legislature, Regular Session,
   2-20  1983 (Article 717q, Vernon's Texas Civil Statutes), except that the
   2-21  prohibition in that Act on the repayment of an obligation with
   2-22  funds derived from ad valorem taxation does not apply to an issuer
   2-23  exercising the authority granted under this section.
   2-24        Sec. 5.  AUTHORIZATION OF ANTICIPATION NOTES BY ORDINANCE OR
   2-25  ORDER.  Anticipation notes may be authorized by an ordinance
   2-26  adopted by the governing body of a municipality or by an order
   2-27  adopted by the governing body of a county.
   2-28        Sec. 6.  RESTRICTIONS ON ANTICIPATION NOTES.  (a)  Except as
   2-29  provided by Subsection (b) of this section, anticipation notes
   2-30  issued under this article are subject to:
   2-31              (1)  Chapter 503, Acts of the 54th Legislature, 1955
   2-32  (Article 717k, Vernon's Texas Civil Statutes);
   2-33              (2)  Chapter 3, Acts of the 61st Legislature, Regular
   2-34  Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);
   2-35              (3)  Chapter 784, Acts of the 61st Legislature, Regular
   2-36  Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes);
   2-37              (4)  the Bond Procedures Act of 1981 (Article 717k-6,
   2-38  Vernon's Texas Civil Statutes);
   2-39              (5)  Sections 3.001 through 3.003, Chapter 53, Acts of
   2-40  the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
   2-41  Vernon's Texas Civil Statutes); and
   2-42              (6)  Chapter 400, Acts of the 66th Legislature, 1979
   2-43  (Article 717m-1, Vernon's Texas Civil Statutes).
   2-44        (b)  Chapter 656, Acts of the 68th Legislature, Regular
   2-45  Session, 1983 (Article 717q, Vernon's Texas Civil Statutes),
   2-46  governs approval by the attorney general of anticipation notes
   2-47  issued under Section 4 of this article.
   2-48        (c)  A governing body may not issue anticipation notes that
   2-49  are to be payable from bonds secured by ad valorem taxes to be
   2-50  issued in the future unless the bonds have been approved by the
   2-51  voters in an election held by the issuer.
   2-52        (d)  A governing body may not use proceeds from the sale of
   2-53  anticipation notes to repay interfund or other borrowing that
   2-54  occurred more than 12 months before the date of the ordinance or
   2-55  order authorizing the issuance of the notes.
   2-56        (e)  Anticipation notes issued for a purpose described by
   2-57  Subdivision (1), (2), or (3) of Section 3 of this article must
   2-58  mature before the seventh anniversary of the date that the attorney
   2-59  general approves the notes.
   2-60        (f)  Anticipation notes issued for a purpose described in
   2-61  Subdivision (4) or (5) of Section 3 of this article must mature
   2-62  before the first anniversary of the date that the attorney general
   2-63  approves the notes.
   2-64        (g)  Anticipation notes issued under Subdivision (4) of
   2-65  Section 3 of this article may not exceed 75 percent of the revenues
   2-66  or taxes anticipated to be collected in the fiscal year in which
   2-67  the attorney general approves the notes.
   2-68        Sec. 7.  PROVISIONS IN ANTICIPATION NOTES.  The governing
   2-69  body may:
   2-70              (1)  make the notes payable at the times and places
    3-1  determined by the governing body;
    3-2              (2)  issue the notes in forms and one or more
    3-3  denominations, either in coupon form or registered as to principal
    3-4  and interest, or both;
    3-5              (3)  make the notes contain options for redemption
    3-6  before the scheduled maturity; and
    3-7              (4)  make the notes contain other provisions the
    3-8  governing body desires.
    3-9        Sec. 8.  SALE OF ANTICIPATION NOTES.  The governing body may
   3-10  sell anticipation notes at public or private sale for cash.
   3-11        Sec. 9.  SOURCE OF PAYMENT.  (a)  The governing body may
   3-12  provide that anticipation notes will be paid from and secured by
   3-13  revenues, taxes, or the proceeds of bonds to be issued by the
   3-14  issuer.
   3-15        (b)  The governing body may pledge to the payment of
   3-16  anticipation notes revenues, taxes, or the proceeds of bonds to be
   3-17  issued by the issuer.  If an ad valorem tax to be assessed and
   3-18  collected in a subsequent fiscal year is pledged to the payment of
   3-19  anticipation notes, the governing body of the issuer shall levy the
   3-20  tax in the ordinance or order that authorizes the issuance of the
   3-21  notes.
   3-22        SECTION 2.  This Act takes effect September 1, 1993.
   3-23        SECTION 3.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.
   3-28                               * * * * *
   3-29                                                         Austin,
   3-30  Texas
   3-31                                                         February 18,
   3-32  1993
   3-33  Hon. Bob Bullock
   3-34  President of the Senate
   3-35  Sir:
   3-36  We, your Committee on Intergovernmental Relations to which was
   3-37  referred S.B. No. 63, have had the same under consideration, and I
   3-38  am instructed to report it back to the Senate with the
   3-39  recommendation that it do not pass, but that the Committee
   3-40  Substitute adopted in lieu thereof do pass and be printed.
   3-41                                                         Armbrister,
   3-42  Chairman
   3-43                               * * * * *
   3-44                               WITNESSES
   3-45                                                  FOR   AGAINST  ON
   3-46  ___________________________________________________________________
   3-47  Name:  Bill Melton                               x
   3-48  Representing:  Dallas County
   3-49  City:  Dallas
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   3-51  Name:  Connie T. Maxwell                         x
   3-52  Representing:  GFOAT, TML
   3-53  City:  Lewisville
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   3-55  Name:  John Longstreet                           x
   3-56  Representing:  City of Plano
   3-57  City:  Plano
   3-58  -------------------------------------------------------------------
   3-59  Name:  Joe Paniagua                              x
   3-60  Representing:  City of Fort Worth
   3-61  City:  Fort Worth
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   3-63                                                  FOR   AGAINST  ON
   3-64  ___________________________________________________________________
   3-65  Name:  Pasco Parker                                      x
   3-66  Representing:  Tx assoc. county auditors
   3-67  City:  McKinney
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