1-1  By:  Turner                                           S.B. No. 1237
    1-2        (In the Senate - Filed March 12, 1993; March 16, 1993, read
    1-3  first time and referred to Committee on Education; April 15, 1993,
    1-4  reported favorably by the following vote:  Yeas 11, Nays 0;
    1-5  April 15, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Ratliff            x                               
    1-9        Haley              x                               
   1-10        Barrientos         x                               
   1-11        Bivins             x                               
   1-12        Harris of Tarrant  x                               
   1-13        Luna               x                               
   1-14        Montford           x                               
   1-15        Shapiro            x                               
   1-16        Sibley             x                               
   1-17        Turner             x                               
   1-18        Zaffirini          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the powers of the board of directors of Texas A&M
   1-22  University and to the board's authority to finance utility
   1-23  services, including the issuance of bonds.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 85.24, Education Code, is amended to read
   1-26  as follows:
   1-27        Sec. 85.24.  UTILITIES.  (a)  The board from time to time may
   1-28  improve and equip existing central power plants and may construct,
   1-29  acquire, improve, and equip steam plants and additions to them, and
   1-30  the board may acquire land for these purposes for the institutions
   1-31  under its control, when the total cost, type of construction,
   1-32  capacity, and plans and specifications have been approved by the
   1-33  board.  As used in this subsection, "steam plants" does not include
   1-34  electrical generating facilities, but "central power plants" does
   1-35  include electrical generating facilities.  The board may
   1-36  additionally enter into contracts for the purchase of any utility
   1-37  services or commodities and may pledge to the payment of such
   1-38  contracts any sources it is authorized to pledge to the payment of
   1-39  bonds under this code under such terms and conditions as determined
   1-40  by the board.
   1-41        (b)  The board from time to time may construct, extend, and
   1-42  improve the water systems, sewer systems, or both, for any or all
   1-43  institutions under its control, when the total cost, type of
   1-44  construction, capacity, and plans and specifications have been
   1-45  approved by the board.
   1-46        (c)  The board may furnish water, sewer, steam, power,
   1-47  electricity, or any or all of those services from the power and
   1-48  steam plant or plants and other facilities located at each
   1-49  institution to any or all dormitories, kitchens and dining halls,
   1-50  hospitals, student activity buildings, gymnasiums, athletic
   1-51  buildings and stadiums, the dormitory for help, laundry, and other
   1-52  buildings or facilities that may have been or may be constructed at
   1-53  each institution, and may determine the amount to be charged as a
   1-54  part of the maintenance and operation expense of those buildings or
   1-55  facilities for the service or services.  The board may allocate the
   1-56  cost of furnishing the services to revenue-producing buildings and
   1-57  facilities and to other buildings and facilities at the
   1-58  institutions.  The board may pledge the net revenues from the
   1-59  amounts thus received for the services to pay the principal of and
   1-60  interest on, and to create and maintain the reserve for, the
   1-61  negotiable revenue bonds issued for the purpose of constructing,
   1-62  acquiring, improving, extending, or equipping the power and steam
   1-63  plants, or additions thereto, or other facilities, and may secure
   1-64  the bonds additionally by pledging rentals, rates, charges, and
   1-65  fees for the use or availability of all or any property, buildings,
   1-66  structures, activities, operations, or facilities, of any nature,
   1-67  which may be fixed and collected from all or any designated part of
   1-68  the students enrolled in the institution or institutions or from
    2-1  others in the amounts and in the manner determined and provided by
    2-2  the board in the resolution authorizing the issuance of the bonds.
    2-3        (d)  The board may create by order one or more nonprofit
    2-4  corporations to act on behalf of the board in the exercise of any
    2-5  power of the board under this section, including the authority to
    2-6  acquire, construct, develop, and operate a cogeneration facility
    2-7  for the production of steam, electric power and energy, hot and
    2-8  chilled water, or any of the above, and to enter into such
    2-9  contracts and issue debt on behalf of the board for such purposes
   2-10  under such terms and conditions as determined by the board of
   2-11  directors.
   2-12        (e)(1)  When exercising a power under this Act, a corporation
   2-13  created under this Act and the board of directors of the
   2-14  corporation have the same powers as the board.
   2-15              (2)  The board shall appoint the directors of a
   2-16  nonprofit corporation created under this section.  A member of the
   2-17  board may serve as a member of the nonprofit corporation's board of
   2-18  directors.  The corporation's directors serve at the will of the
   2-19  board.
   2-20              (3)  The budget of a nonprofit corporation created
   2-21  under this section must be approved by the board.  The activities
   2-22  of the corporation are subject to the continuing review and
   2-23  supervision of the board.  No debt may be incurred by the nonprofit
   2-24  corporation until it has been approved by the board.
   2-25              (4)  A nonprofit corporation created under this section
   2-26  is a public entity performing an essential public function, and
   2-27  property owned by a corporation is public property used for an
   2-28  essential public and governmental purpose.  Therefore, the
   2-29  corporation and the corporation's property are exempt from all
   2-30  taxes and special assessments of the state or of a municipality,
   2-31  county, or other political subdivision of the state.
   2-32        (f)(1)  The Texas Non-Profit Corporation Act (Article
   2-33  1396-1.01 et seq., Vernon's Texas Civil Statutes) and its
   2-34  subsequent amendments and Sections 5 through 20 and 33 through 36,
   2-35  Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
   2-36  Civil Statutes), and its subsequent amendments apply to and govern
   2-37  a corporation created under this section.
   2-38              (2)  As used in this section, "bonds" shall mean bonds,
   2-39  notes, commercial paper, or other evidence of indebtedness.
   2-40        (g)  All proceedings relating to the issuance of bonds issued
   2-41  pursuant to this section shall be submitted to the attorney general
   2-42  for examination.  If the attorney general finds that the bonds and
   2-43  the proceedings have been authorized in accordance with law, the
   2-44  attorney general shall approve the bonds and the proceedings,
   2-45  including any trust agreements or other agreements securing the
   2-46  payment of the bonds, and the bonds shall be registered by the
   2-47  comptroller of public accounts.  After approval and registration,
   2-48  the bonds and such proceedings are incontestable in any court or
   2-49  other forum for any reason and are valid and binding obligations in
   2-50  accordance with their terms for all purposes.
   2-51        (h)  Bonds may not be issued under this section unless the
   2-52  issuance of the bonds has been reviewed and approved by the bond
   2-53  review board.
   2-54        SECTION 2.  The importance of this legislation and the
   2-55  crowded condition of the calendars in both houses create an
   2-56  emergency and an imperative public necessity that the
   2-57  constitutional rule requiring bills to be read on three several
   2-58  days in each house be suspended, and this rule is hereby suspended,
   2-59  and that this Act take effect and be in force from and after its
   2-60  passage, and it is so enacted.
   2-61                               * * * * *
   2-62                                                         Austin,
   2-63  Texas
   2-64                                                         April 15, 1993
   2-65  Hon. Bob Bullock
   2-66  President of the Senate
   2-67  Sir:
   2-68  We, your Committee on Education to which was referred S.B.
   2-69  No. 1237, have had the same under consideration, and I am
   2-70  instructed to report it back to the Senate with the recommendation
    3-1  that it do pass and be printed.
    3-2                                                         Ratliff,
    3-3  Chairman
    3-4                               * * * * *
    3-5                               WITNESSES
    3-6                                                  FOR   AGAINST  ON
    3-7  ___________________________________________________________________
    3-8  Name:  W. H. Mobley                              x
    3-9  Representing:  Texas A&M University
   3-10  City:  College Station
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   3-12  Name:  Joe Sugg                                  x
   3-13  Representing:  TAMU
   3-14  City:  College Station
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   3-16  Name:  Christy Jacobs                            x
   3-17  Representing:  Texas A&M
   3-18  City:  Bryan
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   3-20  Name:  Christy M. Durham                         x
   3-21  Representing:  Texas A&M Student Government
   3-22  City:  College Station
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   3-24  Name:  Juli Phillips                             x
   3-25  Representing:  Texas A&M
   3-26  City:  College Station
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   3-28  Name:  Pamela Haith                              x
   3-29  Representing:  Texas A&M
   3-30  City:  College Station
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   3-32  Name:  Russell Langley                           x
   3-33  Representing:  Texas A&M Student Government
   3-34  City:  College Station
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