S.B. No. 171
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 make a good
1-17 faith effort to award to minority-owned businesses in the issuance
1-18 of at least 20 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 make a good faith
1-22 effort to include minority-owned businesses in at least 20 percent
1-23 of the total value 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. If at any time after the effective date of this
4-11 Act and before May 31, 1993, the attorney general determines that
4-12 the Texas Department of Criminal Justice is not required to make
4-13 court-ordered payments for fines for which funds are appropriated
4-14 to the department by Subdivision (4) of Subsection (c) of Section 2
4-15 of this Act, the attorney general shall notify the comptroller of
4-16 public accounts of that fact. On notification by the attorney
4-17 general: (1) the amount appropriated under Subsection (c) of
4-18 Section 2 of this Act is reduced by $18.6 million; (2) the
4-19 appropriations from general revenue made to the Texas Department of
4-20 Criminal Justice by H.B. No. 1, Acts of the 72nd Legislature, 1st
4-21 Called Session, 1992, for item 4.b., security, is reduced by $18.6
4-22 million; and (3) there is appropriated from the economic
4-23 stabilization fund to the Texas Department of Criminal Justice, in
4-24 addition to other amounts appropriated for this biennium, the sum
4-25 of $18.6 million for security.
4-26 SECTION 4. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended,
5-4 and that this Act take effect and be in force from and after its
5-5 passage, and it is so enacted.