S.B. No. 1068
AN ACT
1-1 relating to authorizing the issuance of general obligation bonds
1-2 for projects relating to facilities of corrections institutions,
1-3 including youth corrections institutions, and mental health and
1-4 mental retardation institutions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (a), Section 4, Chapter 696, Acts of
1-7 the 70th Legislature, Regular Session, 1987 (Article 601d-1,
1-8 Vernon's Texas Civil Statutes), is amended to read as follows:
1-9 (a)(1) The authority may issue up to $500 million in general
1-10 obligation bonds and distribute bond proceeds to appropriate
1-11 agencies for use for acquiring, constructing, or equipping new
1-12 facilities or for major repair or renovation of existing
1-13 facilities, corrections institutions, including youth corrections
1-14 institutions, and mental health and mental retardation
1-15 institutions.
1-16 (2) The authority may issue up to $400 million in
1-17 general obligation bonds, in addition to the amount authorized by
1-18 Subsection (a)(1) of this section, and distribute bond proceeds to
1-19 appropriate agencies for the same uses as authorized by Subsection
1-20 (a)(1) and to the Department of Public Safety for the purchase,
1-21 repair, and renovation of the Austin Independent School District
1-22 administration building adjacent to the Department of Public Safety
1-23 state headquarters, for the purpose of expanding the department's
1-24 state headquarters' central office building.
2-1 (3) The authority may issue up to $1.055 billion in
2-2 general obligation bonds, in addition to the amounts authorized by
2-3 Subsections (a)(1) and (a)(2) of this section, and distribute bond
2-4 proceeds to appropriate agencies for use for acquiring,
2-5 constructing, or equipping new prisons and substance abuse felony
2-6 punishment facilities to confine criminals and youth corrections
2-7 institutions, for major repair or renovation of existing prison
2-8 facilities and youth corrections institutions, and for the
2-9 acquisition of, major repair to, or renovation of other facilities
2-10 for use as state prisons, substance abuse felony punishment
2-11 facilities, or facilities in which pilot programs established as
2-12 provided by Section 614.011, Health and Safety Code, are conducted.
2-13 (4) The authority may issue up to $1 billion in
2-14 general obligation bonds, in addition to amounts authorized by
2-15 Subsections (a)(1), (a)(2), and (a)(3) of this section, and
2-16 distribute bond proceeds to appropriate agencies for use for
2-17 acquiring, constructing, or equipping new facilities or for major
2-18 repair or renovation of existing facilities of corrections
2-19 institutions, including youth corrections institutions, and mental
2-20 health and mental retardation institutions.
2-21 (5) The authority shall make a good faith effort to
2-22 use historically underutilized businesses to assist in the issuance
2-23 of at least 30 percent of the total value of the bonds authorized
2-24 by Subsection (a)(4) of this section. The authority shall report
2-25 to the legislature and the governor on the level of historically
2-26 underutilized business participation in the bond issuance. In this
2-27 section, "historically underutilized business" means a business
3-1 entity formed for the purpose of making a profit of which at least
3-2 51 percent is owned by one or more persons who are socially
3-3 disadvantaged because of their identification as members of certain
3-4 groups, including women, African Americans, Hispanic Americans,
3-5 Native Americans, and Asian Americans, who have suffered the
3-6 effects of discriminatory practices or similar insidious
3-7 circumstances over which they have no control, or in which at least
3-8 51 percent of all classes of the shares of stock or other equitable
3-9 securities is owned by one or more persons who are socially
3-10 disadvantaged because of their identification as members of certain
3-11 groups, including women, African Americans, Hispanic Americans,
3-12 Native Americans, and Asian Americans, who have suffered the
3-13 effects of discriminatory practices or similar insidious
3-14 circumstances over which they have no control. Those persons who
3-15 own at least 51 percent of all classes of the shares of stock or
3-16 other equitable securities must have proportionate interest in the
3-17 control, operation, and management of the corporation's affairs.
3-18 (6) The bond proceeds may be used to refinance an
3-19 existing obligation for a purpose described by this subsection.
3-20 The authority may issue general obligation bonds authorized under
3-21 Subsection (a)(1) or (a)(2) of this section to refund revenue bonds
3-22 issued under this Act.
3-23 SECTION 2. This Act takes effect on the date on which the
3-24 constitutional amendment proposed by S.J.R. 45, 73rd Legislature,
3-25 Regular Session, 1993, takes effect. If that amendment is not
3-26 approved by the voters, this Act has no effect.
3-27 SECTION 3. The importance of this legislation and the
4-1 crowded condition of the calendars in both houses create an
4-2 emergency and an imperative public necessity that the
4-3 constitutional rule requiring bills to be read on three several
4-4 days in each house be suspended, and this rule is hereby suspended,
4-5 and that this Act take effect and be in force according to its
4-6 terms, and it is so enacted.