S.B. No. 1273
                                        AN ACT
    1-1  relating to the issuance of obligations by certain issuers and the
    1-2  execution of credit agreements relating to the obligations.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subdivisions (1), (3), and (6), Section 1,
    1-5  Chapter 656, Acts of the 68th Legislature, Regular Session, 1983
    1-6  (Article 717q, Vernon's Texas Civil Statutes), are amended to read
    1-7  as follows:
    1-8              (1)  "Issuer" means (A)  any incorporated city
    1-9  operating under a home-rule charter adopted pursuant to Article XI,
   1-10  Section 5, of the Constitution of Texas having a population
   1-11  according to the latest federal decennial census of 90,000 or more
   1-12  and having outstanding long-term debt secured by the revenues of
   1-13  the public utility for which the obligations are being issued which
   1-14  is rated by a nationally recognized rating agency for municipal
   1-15  securities in one of the four highest rating categories for
   1-16  long-term obligations; (B)  any conservation and reclamation
   1-17  district created and organized as a river authority under and
   1-18  pursuant to Article III, Section 52, or Article XVI, Section 59, of
   1-19  the Constitution of Texas and by an act of the legislature of the
   1-20  State of Texas; (C)  any joint powers agency organized and
   1-21  operating pursuant to Chapter 166, Acts of the 63rd Legislature,
   1-22  Regular Session, 1973 (Article 1435a, Revised Statutes); (D)  any
   1-23  metropolitan rapid transit authority or regional transportation
    2-1  authority created, organized, and operating pursuant to Chapter
    2-2  141, Acts of the 63rd Legislature, Regular Session, 1973 (Article
    2-3  1118x, Revised Statutes) or Chapter 683, Acts of the 66th
    2-4  Legislature, Regular Session, 1979 (Article 1118y, Revised
    2-5  Statutes); (E)  any conservation and reclamation district organized
    2-6  or operating as a navigation district under and pursuant to Article
    2-7  III, Section 52, or Article XVI, Section 59, of the Constitution of
    2-8  Texas; (F)  any district organized or operating under and pursuant
    2-9  to Article XVI, Section 59, of the Constitution of Texas which has
   2-10  all or part of two or more incorporated cities within its
   2-11  boundaries; (G)  agencies of the State of Texas (including the
   2-12  governing boards of the state institutions of higher education);
   2-13  <and> (H)  any hospital authority in a county with a population of
   2-14  more than 2 million, according to the most recent federal census,
   2-15  that was created or is operating under Chapter 262, Health and
   2-16  Safety Code, or Chapter 264, Health and Safety Code; and (I) any
   2-17  nonprofit corporation organized to exercise the powers of a higher
   2-18  education authority under Subsection (e), Section 53.47, Education
   2-19  Code.
   2-20              (3)  "Eligible project" means:
   2-21                    (A)  the acquisition or construction of and
   2-22  improvements, additions, or extensions to a public utility, one or
   2-23  more, including capital assets and facilities incident and related
   2-24  to the operation, maintenance, and administration thereof, and,
   2-25  with respect to properties and facilities for (1) <(A)>  the
    3-1  generation of electric power and energy, fuel acquisition, or
    3-2  development or facilities for the transportation thereof;
    3-3  (2) <(B)>  a public transportation system, buildings, structures,
    3-4  terminals, rolling stock, garages, shops, equipment, and other
    3-5  facilities (including vehicle parking areas and facilities
    3-6  necessary or convenient for the beneficial use and access of
    3-7  persons and vehicles to stations, terminals, yards, cars, and buses
    3-8  or for the protection and environmental enhancement of such
    3-9  facilities) for mass public transportation; and (3) <(C)>  a port
   3-10  facility, wharves, docks, warehouses, grain elevators, other
   3-11  storage facilities, bunkering facilities, port-related railroads
   3-12  and bridges, floating plants and facilities, lightering facilities,
   3-13  cargo handling facilities, towing facilities, and all other
   3-14  facilities or aids incident to or useful in the operation of a port
   3-15  facility; and
   3-16                    (B)  a project for which an issuer is authorized
   3-17  to issue revenue bonds secured, in whole or in part, by revenues
   3-18  derived from or related to student loans.
   3-19              (6)  "Credit agreement" means loan agreement, revolving
   3-20  credit agreement, agreement establishing a line of credit, letter
   3-21  of credit, reimbursement agreement, insurance contract, commitments
   3-22  to purchase obligations, purchase or sale agreements, interest rate
   3-23  swap agreement, or commitments or other contracts or agreements
   3-24  authorized and approved by the governing body of an issuer in
   3-25  connection with the authorization, issuance, security, exchange,
    4-1  payment, purchase, or redemption of obligations and/or interest
    4-2  thereon.
    4-3        SECTION 2.  Subsection (a), Section 2, Chapter 656, Acts of
    4-4  the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
    4-5  Texas Civil Statutes), is amended to read as follows:
    4-6        (a)  The governing body of an issuer is hereby authorized and
    4-7  empowered to issue, sell, and deliver obligations and execute
    4-8  credit agreements in relation thereto to finance project costs of
    4-9  an eligible project, or to refund obligations issued in connection
   4-10  with an eligible project, subject to the limitations contained
   4-11  herein.  Obligations shall be secured solely by (A)  the proceeds
   4-12  of sale of other obligations; (B)  the proceeds of sale of revenue
   4-13  bonds payable from the revenue to be received from a public utility
   4-14  or a specified user of a public utility; (C)  any revenues which
   4-15  the issuer is authorized by any statute, city home-rule charter, or
   4-16  constitutional provision to pledge to the payment of any
   4-17  obligations; or (D)  any one or more of such sources, including
   4-18  credit agreements, all as the governing body of the issuer shall
   4-19  provide in the resolution, order, or ordinance authorizing the
   4-20  issuance of the obligations.  Obligations shall be repaid from the
   4-21  source or sources securing the payment thereof, funds received from
   4-22  a credit agreement, or from any other revenues otherwise legally
   4-23  available for the payment thereof, except funds derived from ad
   4-24  valorem taxation.  The governing body of an issuer may execute a
   4-25  credit agreement in relation to the issuance, payment, sale,
    5-1  resale, or exchange of obligations at any time, without regard to
    5-2  whether a credit agreement was contemplated, authorized, or
    5-3  executed in relation to the initial issuance, sale, and delivery of
    5-4  the obligations.
    5-5        SECTION 3.  Section 4, Chapter 656, Acts of the 68th
    5-6  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
    5-7  Civil Statutes), is amended to read as follows:
    5-8        Sec. 4.  The governing body of an issuer may enter into
    5-9  credit agreements at or after the issuance of obligations or in
   5-10  conjunction with the <issuance,> payment, sale, resale, or exchange
   5-11  of obligations to enhance the security for or provide for the
   5-12  payment, redemption, or remarketing of the obligations and interest
   5-13  on the obligations or to reduce the interest payable on the
   5-14  obligations.  A credit agreement is an agreement for professional
   5-15  services and shall contain the terms and conditions and be for the
   5-16  period that the governing body of the issuer approves.  The cost to
   5-17  the issuer of the credit agreement may be paid from the proceeds of
   5-18  the sale of the obligations to which the credit agreement relates
   5-19  or from any other source, including revenues of the issuer that are
   5-20  available for the purpose of paying the obligations and the
   5-21  interest on the obligations or that may otherwise be legally
   5-22  available to make those payments.
   5-23        SECTION 4.  Section 5, Chapter 656, Acts of the 68th
   5-24  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   5-25  Civil Statutes), is amended to read as follows:
    6-1        Sec. 5.  Obligations (including accrued interest) and credit
    6-2  agreements may from time to time be refinanced, renewed, or
    6-3  refunded by the issuance of other obligations and credit
    6-4  agreements.
    6-5        SECTION 5.  Section 6, Chapter 656, Acts of the 68th
    6-6  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
    6-7  Civil Statutes), is amended to read as follows:
    6-8        Sec. 6.  Preliminary to the issuance and delivery of
    6-9  obligations or the execution of credit agreements, the proceedings
   6-10  of the issuer<, the resolution, order, or ordinance> authorizing
   6-11  the issuance, execution, and delivery of the obligations, the
   6-12  <thereof, together with any> credit agreements, and any contracts
   6-13  providing revenues or security to pay the obligations or the credit
   6-14  agreements, shall be submitted to the attorney general for his
   6-15  review.  If the attorney general shall find that such credit
   6-16  agreement or agreements, if any, contracts, if any, and other
   6-17  authorizing proceedings conform to the requirements of the Texas
   6-18  Constitution and this Act, the attorney general shall approve them.
   6-19  Thereafter, the obligations and credit agreements authorized
   6-20  therein may be executed and delivered, exchanged, or refinanced
   6-21  from time to time in accordance with the authorizing proceedings.
   6-22  Upon such approval by the attorney general and initial delivery of
   6-23  any obligations so authorized, any such credit agreements, any such
   6-24  contracts providing revenues or security, such initial obligations
   6-25  and all other obligations thereafter issued pursuant to the
    7-1  authorizing proceedings, shall be incontestable for any cause in
    7-2  any court or other forum and shall be valid and binding obligations
    7-3  enforceable in accordance with their respective terms and
    7-4  provisions.
    7-5        SECTION 6.  The importance of this legislation and the
    7-6  crowded condition of the calendars in both houses create an
    7-7  emergency and an imperative public necessity that the
    7-8  constitutional rule requiring bills to be read on three several
    7-9  days in each house be suspended, and this rule is hereby suspended,
   7-10  and that this Act take effect and be in force from and after its
   7-11  passage, and it is so enacted.