By: Montford, Whitmire S.B. No. 171 A BILL TO BE ENTITLED AN ACT 1-1 relating to the issuance of general obligation bonds for projects 1-2 relating to state prisons and to an emergency appropriation to the 1-3 Texas Department of Criminal Justice for the operation of state 1-4 prisons and intermediate sanction facilities, discretionary grants, 1-5 and payments to counties. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. (a) From the unissued balance of general 1-8 obligation bonds that are authorized under Article III, Section 1-9 49-h, of the Texas Constitution, the Texas Public Finance Authority 1-10 shall issue bonds in the amount of $125 million and distribute the 1-11 proceeds for the purposes specified in the emergency appropriation 1-12 for the Texas Department of Criminal Justice made by Subsection (b) 1-13 of Section 2 of this Act. 1-14 (b) From the unissued balance of general obligation bonds 1-15 that are authorized under Article III, Section 49-h, of the Texas 1-16 Constitution, the Texas Public Finance Authority shall attempt to 1-17 award to minority-owned businesses in the issuance of at least 20 1-18 percent of the issuance costs bonds. 1-19 (c) The Texas Department of Criminal Justice which will 1-20 engage in acquiring, constructing, or equipping new prisons as a 1-21 result of the issuance of these bonds shall attempt to include 1-22 minority-owned businesses in at least 20 percent of the total value 1-23 of construction contracts awarded. 1-24 (d) The executive director of the Texas Public Finance 2-1 Authority and the Texas Department of Criminal Justice shall report 2-2 to the governor and the legislature at the end of each fiscal year 2-3 on the total number and dollar amount of awards to minority-owned 2-4 businesses under this section. The annual report must include: 2-5 (1) the number of businesses participating in bond 2-6 issuances under the general obligation bonds; 2-7 (2) the number of businesses used in acquiring, 2-8 constructing, or equipping new prisons as a result of contract 2-9 awards; 2-10 (3) the number of minority-owned businesses submitting 2-11 bids and/or proposals for the issuance of bonds from the general 2-12 obligation bonds; and 2-13 (4) the number of minority-owned businesses submitting 2-14 bids and/or proposals for the acquiring, constructing, or equipping 2-15 of new prisons contract awards. 2-16 (e) In this section, "minority-owned business" means a 2-17 business entity at least 51 percent of which is owned by minority 2-18 group members or, in the case of a corporation, at least 51 percent 2-19 of the shares of which are owned by minority group members and that 2-20 is managed and, in daily operations, is controlled by minority 2-21 group members. 2-22 (f) In this section, "minority group members" include: 2-23 (1) African-Americans; 2-24 (2) American Indians; 2-25 (3) Asian-Americans; and 2-26 (4) Mexican-Americans and other Americans of Hispanic 2-27 origin. 3-1 SECTION 2. (a) In this section, "current General 3-2 Appropriations Act" means House Bill No. 1, Acts of the 72nd 3-3 Legislature, 1st Called Session, 1991. 3-4 (b) In addition to amounts previously appropriated under the 3-5 current General Appropriations Act or other law for the current 3-6 fiscal biennium, the sum of $125 million is appropriated to the 3-7 Texas Department of Criminal Justice from the proceeds of the 3-8 issuance of bonds previously authorized under Article III, Section 3-9 49-h, of the Texas Constitution for the two-year period beginning 3-10 on the date the proceeds are available: 3-11 (1) for the payment of expenses incurred in acquiring, 3-12 constructing, or equipping new prisons; and 3-13 (2) to repay items of appropriation in the current 3-14 General Appropriations Act or Article 22, Chapter 10, Acts of the 3-15 72nd Legislature, 2nd Called Session, 1991, from which funds were 3-16 transferred or expended for start-up expenses incurred in 3-17 acquiring, constructing, or equipping new prisons. 3-18 (c) In addition to amounts previously appropriated under the 3-19 current General Appropriations Act or other law for the current 3-20 fiscal biennium, the sum of $125.8 million is appropriated to the 3-21 Texas Department of Criminal Justice from the economic 3-22 stabilization fund for the period beginning on the effective date 3-23 of this Act and ending on August 31, 1993, for: 3-24 (1) the operation of additional capacity; 3-25 (2) the operation of intermediate sanction facilities; 3-26 (3) discretionary grants; 3-27 (4) payments to counties in the manner provided by 4-1 Subdivision (1), Subsection (a), Section 22.01, Chapter 10, Acts of 4-2 the 72nd Legislature, 2nd Called Session, 1991, and court-ordered 4-3 payments to counties; and 4-4 (5) repayment of items of appropriation in the current 4-5 General Appropriations Act or Article 22, Chapter 10, Acts of the 4-6 72nd Legislature, 2nd Called Session, 1991, from which funds were 4-7 transferred or expended for the payment of expenses incurred for 4-8 the purposes listed in Subdivisions (1) through (4) of this 4-9 subsection. 4-10 SECTION 3. The importance of this legislation and the 4-11 crowded condition of the calendars in both houses create an 4-12 emergency and an imperative public necessity that the 4-13 constitutional rule requiring bills to be read on three several 4-14 days in each house be suspended, and this rule is hereby suspended, 4-15 and that this Act take effect and be in force from and after its 4-16 passage, and it is so enacted.