By:  Turner                                           S.B. No. 1237
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to utility improvements on the Texas A&M University
    1-2  campus.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sec. 85.24 of the Education Code is amended to
    1-5  read as follows:
    1-6        (a)  The board from time to time may improve and equip
    1-7  existing central power plants and may construct, acquire, improve,
    1-8  and equip steam plants and additions to them, and the board may
    1-9  acquire land for these purposes for the institutions under its
   1-10  control, when the total cost, type of construction, capacity, and
   1-11  plans and specifications have been approved by the board.  As used
   1-12  in this subsection, "steam plants" does not include electrical
   1-13  generating facilities, but "central power plants" does include
   1-14  electrical generating facilities.  The Board may additionally enter
   1-15  into contracts for the purchase of any utility services or
   1-16  commodities and may pledge to the payment of such contracts any
   1-17  sources it is authorized to pledge to the payment of bonds under
   1-18  this code under such terms and conditions as determined by the
   1-19  board.
   1-20        (b)  The board from time to time may construct, extend, and
   1-21  improve the water systems, sewer systems, or both, for any or all
   1-22  institutions under its control, when the total cost, type of
   1-23  construction, capacity, and plans and specifications have been
    2-1  approved by the board.
    2-2        (c)  The board may furnish water, sewer, steam, power,
    2-3  electricity, or any or all of those services from the power and
    2-4  steam plant or plants and other facilities located at each
    2-5  institution to any or all dormitories, kitchens and dining halls,
    2-6  hospitals, student activity buildings, gymnasiums, athletic
    2-7  buildings and stadiums, the dormitory for help, laundry, and other
    2-8  buildings or facilities that may have been or may be constructed at
    2-9  each institution, and may determine the amount to be charged as a
   2-10  part of the maintenance and operation expense of those buildings or
   2-11  facilities for the service or services.  The board may allocate the
   2-12  cost of furnishing the services to revenue-producing buildings and
   2-13  facilities and to other buildings and facilities at the
   2-14  institutions.  The board may pledge the net revenues from the
   2-15  amounts thus received for the services to pay the principal of and
   2-16  interest on, and to create and maintain the reserve for, the
   2-17  negotiable revenue bonds issued for the purpose of constructing,
   2-18  acquiring, improving, extending, or equipping the power and steam
   2-19  plants, or additions thereto, or other facilities, and may secure
   2-20  the bonds additionally by pledging rentals, rates, charges, and
   2-21  fees for the use or availability of all or any property, buildings,
   2-22  structures, activities, operations, or facilities, of any nature,
   2-23  which may be fixed and collected from all or any designated part of
   2-24  the students enrolled in the institution or institutions or from
   2-25  others in the amounts and in the manner determined and provided by
    3-1  the board in the resolution authorizing the issuance of the bonds.
    3-2        (d)  The board may create by order one or more nonprofit
    3-3  corporations to act on behalf of the board in the exercise of any
    3-4  power of the board under this section, including the authority to
    3-5  acquire, construct, develop, and operate a cogeneration facility
    3-6  for the production of steam, electric power and energy, hot and
    3-7  chilled water or any of the above, and to enter into such contracts
    3-8  and issue debt on behalf of the board for such purposes under such
    3-9  terms and conditions as determined by the board of directors.
   3-10              (1)  When exercising a power under this Act, a
   3-11  corporation created under this Act and the board of directors of
   3-12  the corporation have the same powers as the board.
   3-13              (2)  The board shall appoint the directors of a
   3-14  nonprofit corporation created under this section.  A member of the
   3-15  board may serve as a member of the nonprofit corporation's board of
   3-16  directors.  The corporation's directors serve at the will of the
   3-17  board.
   3-18              (3)  The budget of a nonprofit corporation created
   3-19  under this section must be approved by the board.  The activities
   3-20  of the corporation are subject to the continuing review and
   3-21  supervision of the board.  No debt may be incurred by the nonprofit
   3-22  corporation until it has been approved by the board.
   3-23              (4)  A nonprofit corporation created under this section
   3-24  is a public entity performing an essential public function, and
   3-25  property owned by a corporation is public property used for an
    4-1  essential public and governmental purpose.  Therefore, the
    4-2  corporation and the corporation's property are exempt from all
    4-3  taxes and special assessments of the state or of a municipality,
    4-4  county, or other political subdivision of the state.
    4-5              (5)  The Texas Non-Profit Corporation Act (Article
    4-6  1396-1.01 et seq., Vernon's Texas Civil Statutes), and its
    4-7  subsequent amendments and Sections 5-20 and 33-36, Development
    4-8  Corporation Act of 1976 (Article 5190.6 Vernon's Texas Civil
    4-9  Statutes), and its subsequent amendments apply to and govern a
   4-10  corporation created under this section.
   4-11              (6)  As used in this section, bonds shall mean bonds,
   4-12  notes, commercial paper or other evidence of indebtedness.
   4-13              (7)  All proceedings relating to the issuance of Bonds
   4-14  issued pursuant to this section shall be submitted to the attorney
   4-15  general for examination.  If the attorney general finds that the
   4-16  Bonds and the proceedings have been authorized in accordance with
   4-17  law, he shall approve the Bonds and the proceedings, including any
   4-18  trust agreements or other agreements securing the payment of the
   4-19  Bonds, and the Bonds shall be registered by the comptroller of
   4-20  public accounts.  After the approval and registration, the Bonds
   4-21  and such proceedings are incontestable in any court or other forum
   4-22  for any reason and are valid and binding obligations in accordance
   4-23  with their terms for all purposes.
   4-24              (8)  Bonds may not be issued under this section unless
   4-25  the issuance of the bonds has been reviewed and approved by the
    5-1  bond review board.
    5-2        SECTION 2.  The importance of this legislation and the
    5-3  crowded condition of the calendars in both houses create an
    5-4  emergency and an imperative public necessity that the
    5-5  constitutional rule requiring bills to be read on three several
    5-6  days in each house be suspended, and this rule is hereby suspended,
    5-7  and that this Act take effect and be in force from and after its
    5-8  passage, and it is so enacted.