1-1  By:  Montford                                         S.B. No. 1273
    1-2        (In the Senate - Filed March 16, 1993; March 17, 1993, read
    1-3  first time and referred to Committee on Finance; April 6, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 11, Nays 0; April 6, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos                                     x   
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker                                         x   
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21  COMMITTEE SUBSTITUTE FOR S.B. No. 1273                By:  Montford
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to the issuance of obligations by certain issuers and the
   1-25  execution of credit agreements relating to the obligations.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Subdivisions (1), (3), and (6), Section 1,
   1-28  Chapter 656, Acts of the 68th Legislature, Regular Session, 1983
   1-29  (Article 717q, Vernon's Texas Civil Statutes), are amended to read
   1-30  as follows:
   1-31              (1)  "Issuer" means (A)  any incorporated city
   1-32  operating under a home-rule charter adopted pursuant to Article XI,
   1-33  Section 5, of the Constitution of Texas having a population
   1-34  according to the latest federal decennial census of 90,000 or more
   1-35  and having outstanding long-term debt secured by the revenues of
   1-36  the public utility for which the obligations are being issued which
   1-37  is rated by a nationally recognized rating agency for municipal
   1-38  securities in one of the four highest rating categories for
   1-39  long-term obligations; (B)  any conservation and reclamation
   1-40  district created and organized as a river authority under and
   1-41  pursuant to Article III, Section 52, or Article XVI, Section 59, of
   1-42  the Constitution of Texas and by an act of the legislature of the
   1-43  State of Texas; (C)  any joint powers agency organized and
   1-44  operating pursuant to Chapter 166, Acts of the 63rd Legislature,
   1-45  Regular Session, 1973 (Article 1435a, Revised Statutes); (D)  any
   1-46  metropolitan rapid transit authority or regional transportation
   1-47  authority created, organized, and operating pursuant to Chapter
   1-48  141, Acts of the 63rd Legislature, Regular Session, 1973 (Article
   1-49  1118x, Revised Statutes) or Chapter 683, Acts of the 66th
   1-50  Legislature, Regular Session, 1979 (Article 1118y, Revised
   1-51  Statutes); (E)  any conservation and reclamation district organized
   1-52  or operating as a navigation district under and pursuant to Article
   1-53  III, Section 52, or Article XVI, Section 59, of the Constitution of
   1-54  Texas; (F)  any district organized or operating under and pursuant
   1-55  to Article XVI, Section 59, of the Constitution of Texas which has
   1-56  all or part of two or more incorporated cities within its
   1-57  boundaries; (G)  agencies of the State of Texas (including the
   1-58  governing boards of the state institutions of higher education);
   1-59  <and> (H)  any hospital authority in a county with a population of
   1-60  more than 2 million, according to the most recent federal census,
   1-61  that was created or is operating under Chapter 262, Health and
   1-62  Safety Code, or Chapter 264, Health and Safety Code; and (I) any
   1-63  nonprofit corporation organized to exercise the powers of a higher
   1-64  education authority under Subsection (e), Section 53.47, Education
   1-65  Code.
   1-66              (3)  "Eligible project" means:
   1-67                    (A)  the acquisition or construction of and
   1-68  improvements, additions, or extensions to a public utility, one or
    2-1  more, including capital assets and facilities incident and related
    2-2  to the operation, maintenance, and administration thereof, and,
    2-3  with respect to properties and facilities for (1) <(A)>  the
    2-4  generation of electric power and energy, fuel acquisition, or
    2-5  development or facilities for the transportation thereof;
    2-6  (2) <(B)>   a public transportation system, buildings, structures,
    2-7  terminals, rolling stock, garages, shops, equipment, and other
    2-8  facilities (including vehicle parking areas and facilities
    2-9  necessary or convenient for the beneficial use and access of
   2-10  persons and vehicles to stations, terminals, yards, cars, and buses
   2-11  or for the protection and environmental enhancement of such
   2-12  facilities) for mass public transportation; and (3) <(C)>  a port
   2-13  facility, wharves, docks, warehouses, grain elevators, other
   2-14  storage facilities, bunkering facilities, port-related railroads
   2-15  and bridges, floating plants and facilities, lightering facilities,
   2-16  cargo handling facilities, towing facilities, and all other
   2-17  facilities or aids incident to or useful in the operation of a port
   2-18  facility; and
   2-19                    (B)  a project for which an issuer is authorized
   2-20  to issue revenue bonds secured, in whole or in part, by revenues
   2-21  derived from or related to student loans.
   2-22              (6)  "Credit agreement" means loan agreement, revolving
   2-23  credit agreement, agreement establishing a line of credit, letter
   2-24  of credit, reimbursement agreement, insurance contract, commitments
   2-25  to purchase obligations, purchase or sale agreements, interest rate
   2-26  swap agreement, or commitments or other contracts or agreements
   2-27  authorized and approved by the governing body of an issuer in
   2-28  connection with the authorization, issuance, security, exchange,
   2-29  payment, purchase, or redemption of obligations and/or interest
   2-30  thereon.
   2-31        SECTION 2.  Subsection (a), Section 2, Chapter 656, Acts of
   2-32  the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
   2-33  Texas Civil Statutes), is amended to read as follows:
   2-34        (a)  The governing body of an issuer is hereby authorized and
   2-35  empowered to issue, sell, and deliver obligations and execute
   2-36  credit agreements in relation thereto to finance project costs of
   2-37  an eligible project, or to refund obligations issued in connection
   2-38  with an eligible project, subject to the limitations contained
   2-39  herein.  Obligations shall be secured solely by (A)  the proceeds
   2-40  of sale of other obligations; (B)  the proceeds of sale of revenue
   2-41  bonds payable from the revenue to be received from a public utility
   2-42  or a specified user of a public utility; (C)  any revenues which
   2-43  the issuer is authorized by any statute, city home-rule charter, or
   2-44  constitutional provision to pledge to the payment of any
   2-45  obligations; or (D)  any one or more of such sources, including
   2-46  credit agreements, all as the governing body of the issuer shall
   2-47  provide in the resolution, order, or ordinance authorizing the
   2-48  issuance of the obligations.  Obligations shall be repaid from the
   2-49  source or sources securing the payment thereof, funds received from
   2-50  a credit agreement, or from any other revenues otherwise legally
   2-51  available for the payment thereof, except funds derived from ad
   2-52  valorem taxation.  The governing body of an issuer may execute a
   2-53  credit agreement in relation to the issuance, payment, sale,
   2-54  resale, or exchange of obligations at any time, without regard to
   2-55  whether a credit agreement was contemplated, authorized, or
   2-56  executed in relation to the initial issuance, sale, and delivery of
   2-57  the obligations.
   2-58        SECTION 3.  Section 4, Chapter 656, Acts of the 68th
   2-59  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   2-60  Civil Statutes), is amended to read as follows:
   2-61        Sec. 4.  The governing body of an issuer may enter into
   2-62  credit agreements at or after the issuance of obligations or in
   2-63  conjunction with the <issuance,> payment, sale, resale, or exchange
   2-64  of obligations to enhance the security for or provide for the
   2-65  payment, redemption, or remarketing of the obligations and interest
   2-66  on the obligations or to reduce the interest payable on the
   2-67  obligations.  A credit agreement is an agreement for professional
   2-68  services and shall contain the terms and conditions and be for the
   2-69  period that the governing body of the issuer approves.  The cost to
   2-70  the issuer of the credit agreement may be paid from the proceeds of
    3-1  the sale of the obligations to which the credit agreement relates
    3-2  or from any other source, including revenues of the issuer that are
    3-3  available for the purpose of paying the obligations and the
    3-4  interest on the obligations or that may otherwise be legally
    3-5  available to make those payments.
    3-6        SECTION 4.  Section 5, Chapter 656, Acts of the 68th
    3-7  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
    3-8  Civil Statutes), is amended to read as follows:
    3-9        Sec. 5.  Obligations (including accrued interest) and credit
   3-10  agreements may from time to time be refinanced, renewed, or
   3-11  refunded by the issuance of other obligations and credit
   3-12  agreements.
   3-13        SECTION 5.  Section 6, Chapter 656, Acts of the 68th
   3-14  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   3-15  Civil Statutes), is amended to read as follows:
   3-16        Sec. 6.  Preliminary to the issuance and delivery of
   3-17  obligations or the execution of credit agreements, the proceedings
   3-18  of the issuer<, the resolution, order, or ordinance> authorizing
   3-19  the issuance, execution, and delivery of the obligations, the
   3-20  <thereof, together with any> credit agreements, and any contracts
   3-21  providing revenues or security to pay the obligations or the credit
   3-22  agreements, shall be submitted to the attorney general for his
   3-23  review.  If the attorney general shall find that such credit
   3-24  agreement or agreements, if any, contracts, if any, and other
   3-25  authorizing proceedings conform to the requirements of the Texas
   3-26  Constitution and this Act, the attorney general shall approve them.
   3-27  Thereafter, the obligations and credit agreements authorized
   3-28  therein may be executed and delivered, exchanged, or refinanced
   3-29  from time to time in accordance with the authorizing proceedings.
   3-30  Upon such approval by the attorney general and initial delivery of
   3-31  any obligations so authorized, any such credit agreements, any such
   3-32  contracts providing revenues or security, such initial obligations
   3-33  and all other obligations thereafter issued pursuant to the
   3-34  authorizing proceedings, shall be incontestable for any cause in
   3-35  any court or other forum and shall be valid and binding obligations
   3-36  enforceable in accordance with their respective terms and
   3-37  provisions.
   3-38        SECTION 6.  The importance of this legislation and the
   3-39  crowded condition of the calendars in both houses create an
   3-40  emergency and an imperative public necessity that the
   3-41  constitutional rule requiring bills to be read on three several
   3-42  days in each house be suspended, and this rule is hereby suspended,
   3-43  and that this Act take effect and be in force from and after its
   3-44  passage, and it is so enacted.
   3-45                               * * * * *
   3-46                                                         Austin,
   3-47  Texas
   3-48                                                         April 6, 1993
   3-49  Hon. Bob Bullock
   3-50  President of the Senate
   3-51  Sir:
   3-52  We, your Committee on Finance to which was referred S.B. No. 1273,
   3-53  have had the same under consideration, and I am instructed to
   3-54  report it back to the Senate with the recommendation that it do not
   3-55  pass, but that the Committee Substitute adopted in lieu thereof do
   3-56  pass and be printed.
   3-57                                                         Montford,
   3-58  Chairman
   3-59                               * * * * *
   3-60                               WITNESSES
   3-61                                                  FOR   AGAINST  ON
   3-62  ___________________________________________________________________
   3-63  Name:  Murray Watson, Jr.                        x
   3-64  Representing:  Brazos Higher Education
   3-65  City:  Waco
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   3-67  Name:  Mark S. Westergard                        x
   3-68  Representing:  Self
   3-69  City:  Garland
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