By:  Montford                                         S.B. No. 1271
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the establishment of an intercept program to increase
    1-2  the credit rating of certain local government debt and authorizing
    1-3  the comptroller of public accounts to withhold local government
    1-4  funds to pay such obligations under certain circumstances.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Chapter 271, Local Government Code, is amended by
    1-7  adding Subchapter E to read as follows:
    1-8       SUBCHAPTER E.  STATE INTERCEPT TO INCREASE CREDIT RATING
    1-9        Sec. 271.091.  DEFINITIONS.  In this subchapter:
   1-10              (1)  "Local government" means a municipality, county,
   1-11  or hospital district of the State of Texas.
   1-12              (2)  "Payment" means any sales tax allocation which is
   1-13  transferred by the state to the local government, excluding county
   1-14  sales taxes authorized pursuant to Chapter 285, 775, or 776, Health
   1-15  and Safety Code, and municipal sales taxes authorized pursuant to
   1-16  the Development Corporation Act (Article 5190.6, Vernon's Texas
   1-17  Civil Statutes).
   1-18              (3)  "Paying agent" means the financial institution
   1-19  that is designated by a local government as its agent for the
   1-20  payment of the principal of and interest on the obligation.
   1-21              (4)  "Obligation" means bonds, notes, certificates of
   1-22  obligation, and other obligations authorized to be issued by the
   1-23  local government.
    2-1              (5)  "Agreement" means the document referred to in
    2-2  Section 271.092 and Section 271.093.
    2-3              (6)  "Board" means the bond review board created by
    2-4  Chapter 1078, Acts of the 70th Legislature, Regular Session, 1987
    2-5  (Article 717k-7, Vernon's Texas Civil Statutes).
    2-6              (7)  "Comptroller" means the comptroller of public
    2-7  accounts.
    2-8        Sec. 271.092.  AGREEMENT WITH TEXAS BOND REVIEW BOARD AND
    2-9  COMPTROLLER.  Prior to the issuance of any obligation, the
   2-10  governing body of any local government may notify the board of the
   2-11  proposed issuance of an obligation and enter into an agreement with
   2-12  the board to authorize and direct the comptroller to withhold from
   2-13  such local government sufficient money from any payment to which
   2-14  such local government may be entitled and apply so much as shall be
   2-15  necessary to pay the principal of and interest on such obligation
   2-16  then due and to continue withholding additional payments until an
   2-17  amount sufficient to satisfy the amount then due has been met.
   2-18        Sec. 271.093.  FORM OF AGREEMENT; CONDITIONS.  (a)  The
   2-19  agreement shall set forth the following:
   2-20              (1)  the proposed date of issuance of the obligation
   2-21  and the name and series of the proposed obligation;
   2-22              (2)  each payment date with respect to the obligation
   2-23  and the principal of and interest on the obligation coming due on
   2-24  each such date; and
   2-25              (3)  the name and address of the financial institution
    3-1  serving as paying agent for the obligation to whom any payment by
    3-2  the comptroller should be made.
    3-3        (b)  This subchapter does not require or permit the state to
    3-4  make an appropriation to any local government and shall not be
    3-5  construed as creating an indebtedness of the state.  Any agreement
    3-6  made pursuant to this subchapter shall contain a statement to that
    3-7  effect.
    3-8        (c)  The agreement terminates at the time the final payment
    3-9  of the principal of and interest on the obligation is made or the
   3-10  obligation is refunded.
   3-11        Sec. 271.094.  NOTICE, DEPOSIT OF DEBT SERVICE,
   3-12  AUTHORIZATION, AND TRANSMITTAL.  (a)  If a local government enters
   3-13  into an agreement with the board under Section 271.092, the board
   3-14  on notification from the local government, the custodian bank, or
   3-15  the paying agent for the local government that the local government
   3-16  is unable or has failed to pay amounts as required by the agreement
   3-17  or to pay principal of or interest on the obligation when due,
   3-18  shall notify the comptroller, who shall withhold sufficient money
   3-19  from any payment to which such local government may be entitled and
   3-20  apply so much thereof as shall be necessary to pay the amounts then
   3-21  due as provided in this section.
   3-22        (b)  The local government may in the agreement agree to make
   3-23  monthly deposits of one-sixth of the semiannual debt service
   3-24  requirement, or such other amount at such other times as specified
   3-25  in the agreement, into an interest and sinking fund in a custodian
    4-1  bank.  If a bank agrees to serve as custodian for the interest and
    4-2  sinking fund, it shall be the duty of the bank to notify the board
    4-3  if the agreed upon amount of funds is not deposited each month or
    4-4  other specified time on a timely basis as specified in the
    4-5  agreement.
    4-6        (c)  On receiving notification and direction from the board,
    4-7  the comptroller is authorized to withhold from any payment an
    4-8  amount equal to the amount to have been deposited by the local
    4-9  government pursuant to the agreement.  The comptroller shall
   4-10  continue to withhold payments until the required amounts have been
   4-11  deposited in the interest and sinking fund with the custodian bank
   4-12  or with the paying agent.  If the required amounts have not been
   4-13  deposited at the time interest on or principal of the obligation of
   4-14  the local government is required to be deposited pursuant to the
   4-15  agreement, the comptroller shall transmit, from payments withheld,
   4-16  the appropriate amount to the custodian bank or to the paying
   4-17  agent, as directed by the board.
   4-18        (d)  The board shall cause a copy of any notice given
   4-19  pursuant to this section to be promptly given to the local
   4-20  government.
   4-21        Sec. 271.095.  RIGHT TO PLEDGE PAYMENTS.  (a)  The local
   4-22  government may pledge payments to secure any obligation only if the
   4-23  amount of payments received by the local government in the fiscal
   4-24  year of the state preceding the proposed issuance equals or exceeds
   4-25  the amount required in each year to pay the sum of an amount equal
    5-1  to two times (i) the maximum annual principal and interest
    5-2  requirements for the obligation, and (ii) the maximum annual
    5-3  principal and interest requirements on any additional obligation
    5-4  for which payments have been pledged.  The local government shall
    5-5  provide evidence that these requirements are met.
    5-6        (b)  A pledge of payments pursuant to this subchapter is a
    5-7  first priority for application of payments and the comptroller
    5-8  shall apply such payments as provided by this subchapter prior to
    5-9  applying such payments pursuant to any other authorization to
   5-10  withhold or intercept such payments.
   5-11        (c)  While obligations which are the subject of an agreement
   5-12  remain outstanding, the local government may not repeal the sales
   5-13  tax or reduce the rate of the sales tax below the rate that would
   5-14  provide the amount required by Subsection (a), except as provided
   5-15  by this subsection.  If at an election duly held in accordance with
   5-16  law a majority of the qualified voters approve the repeal of the
   5-17  sales tax, the local government shall, at the earliest practicable
   5-18  time, refund or defease the obligations, and after such defeasance
   5-19  or refunding the repeal shall become effective in accordance with
   5-20  law.  If the qualified voters vote to reduce the rate of the sales
   5-21  tax, if such is provided for by law, below that which is required
   5-22  to provide the amount required by Subsection (a), the local
   5-23  government shall, at the earliest practicable time, refund or
   5-24  defease the obligations, and after such defeasance or refunding the
   5-25  reduction in rate shall become effective in accordance with law.
    6-1        Sec. 271.096.  ADMINISTRATION, RULES, FEES.  The board shall
    6-2  administer the implementation of this subchapter and may adopt
    6-3  rules and set fees necessary for its administration.
    6-4        SECTION 2.  The importance of this legislation and the
    6-5  crowded condition of the calendars in both houses create an
    6-6  emergency and an imperative public necessity that the
    6-7  constitutional rule requiring bills to be read on three several
    6-8  days in each house be suspended, and this rule is hereby suspended,
    6-9  and that this Act take effect and be in force from and after its
   6-10  passage, and it is so enacted.