1-1 By: Armbrister S.B. No. 1467
1-2 (In the Senate - Filed May 3, 1993; May 4, 1993, read first
1-3 time and referred to Committee on Intergovernmental Relations;
1-4 May 5, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; May 5, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 1467 By: Whitmire
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to validation of certain acts and proceedings of certain
1-24 corporations created under the Health Facilities Development Act
1-25 and to the authority of corporations created under that Act to
1-26 refund outstanding bonds.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 SECTION 1. VALIDATION. (a) In this section, "corporation"
1-29 means a hospital development corporation that was created or
1-30 attempted to be created pursuant to the Health Facilities
1-31 Development Act (Chapter 221, Health & Safety Code).
1-32 (b) This section applies to all acts, resolutions, orders,
1-33 instruments, obligations, and proceedings whatsoever taken,
1-34 adopted, authorized, issued, entered into, or delivered by any
1-35 corporation before January 1, 1993.
1-36 (c) All such acts, resolutions, orders, instruments,
1-37 obligations, and proceedings of a corporation before January 1,
1-38 1993, are in all respects validated, ratified, approved, and
1-39 confirmed as of the date they were taken, adopted, authorized,
1-40 issued, entered into, or delivered and shall be treated as though
1-41 they had originally been duly authorized and accomplished in
1-42 accordance with law. Any such acts, resolutions, orders,
1-43 instruments, obligations, or proceedings shall not be held invalid
1-44 because they were not taken, adopted, authorized, issued, entered
1-45 into, or delivered in accordance with law. All governmental acts
1-46 and proceedings of cities, counties, and hospital districts in
1-47 connection with the authorization and approval of any acts,
1-48 resolutions, orders, instruments, obligations, and proceedings of a
1-49 corporation are validated, ratified, approved, and confirmed as of
1-50 their original date.
1-51 (d) This section does not apply to any matter that on the
1-52 effective date of this section:
1-53 (1) is involved in litigation if the litigation
1-54 ultimately results in the matter being held invalid by a final
1-55 judgment of a court of competent jurisdiction; or
1-56 (2) has been held invalid by a court of competent
1-57 jurisdiction.
1-58 SECTION 2. AMENDMENT. Subsection (a), Section 221.065,
1-59 Health & Safety Code, is amended to read as follows:
1-60 (a) A development corporation may issue bonds to refund any
1-61 of its valid outstanding bonds, including any bonds issued for
1-62 unspecified projects and including any redemption premium on the
1-63 bonds and interest accrued to the date of redemption, on a finding
1-64 by the board of directors of the development corporation that there
1-65 is a public benefit and a public purpose for the refunding.
1-66 SECTION 3. EMERGENCY. The importance of this legislation
1-67 and the crowded condition of the calendars in both houses create an
1-68 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.
2-5 * * * * *
2-6 Austin,
2-7 Texas
2-8 May 5, 1993
2-9 Hon. Bob Bullock
2-10 President of the Senate
2-11 Sir:
2-12 We, your Committee on Intergovernmental Relations to which was
2-13 referred S.B. No. 1467, have had the same under consideration, and
2-14 I am instructed to report it back to the Senate with the
2-15 recommendation that it do not pass, but that the Committee
2-16 Substitute adopted in lieu thereof do pass and be printed.
2-17 Armbrister,
2-18 Chairman
2-19 * * * * *
2-20 WITNESSES
2-21 FOR AGAINST ON
2-22 ___________________________________________________________________
2-23 Name: James Tobih x
2-24 Representing: George K. Baum
2-25 City: Houston
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