BILL ANALYSIS


                                                    C.S.H.B. 1587
                                           By: Marchant (Sponsor)
                                                          Finance
                                                         05-10-95
                            Senate Committee Report (Substituted)
BACKGROUND

The Texas Public Finance Authority Act of 1983 is in need of
recodification.

PURPOSE

As proposed, C.S.H.B. 1587 recodifies the Texas Public Finance
Authority Act regarding the powers and duties of the Texas Public
Finance Authority; allows the authority to issue bonds for certain
state projects; grants the power of eminent domain; and validates
a prior state appropriation.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
under SECTION 1 (Sections 8(6), 14(c) and (e), 34(j), and 35(e),
Article 601d, V.T.C.S.) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 601d, V.T.C.S. (The Texas Public Finance
Authority Act, as follows:

     Sec.  1.  SHORT TITLE:  Texas Public Finance Authority Act.
     
     Sec.  2.  DEFINITIONS.  Defines "authority," "board," "bonds,"
     "building," "commission," "computer equipment,"
     "construction," "equipment," "proceeds," and "state agency."
     
     Sec.  3.  PURPOSE.  Sets forth the purpose of this Act,
     including certain duties.
     
     Sec.  4.  PUBLIC FINANCE AUTHORITY.  Provides that the Texas
     Public Finance Authority (authority) is a public authority and
     body politic and corporate.
     
     Sec.  5.  COMPOSITION OF BOARD.  Sets forth the composition of
     the board of directors (board) of the authority.
     
     Sec.  6.  TERMS.  Sets forth terms of the members of the
     board.
     
     Sec.  7.  SUNSET PROVISION.  Provides that the authority is
     subject to Chapter 325, Government Code (Texas Sunset Act). 
     Provides that the authority is abolished and this Act expires
     September 1, 1997, unless continued in existence as provided
     by that chapter.
     
     Sec.  8.  GENERAL POWERS.  Sets forth the powers of the board.
     
     Sec.  9.  SCOPE OF POWER.  (a)  Limits the board's powers to
     the financing of the acquisition or construction of a
     building, the purchase or lease of equipment, or other capital
     financing authorized by this Act or another act of the
     legislature.  Provides that the board's powers do not affect
     the powers of the General Services Commission (commission) or
     any other state agency.
     
     (b)  Provides that buildings, equipment, or other projects
       financed by the authority under this Act or another act of
       the legislature do not become a part of other property to
       which they may be attached or affixed or into which they may
       be incorporated, regardless of whether the other property is
       real or personal.
     Sec.  10.  OFFICERS; QUORUM; MEETINGS.  (a)  Requires the
     governor biennially to appoint a chairperson from the members
     of the board.  Requires the board to elect a vice chairperson
     from its members.
     
     (b)  Sets forth criteria of a quorum of the board.
       
       (c)  Sets forth meeting times of the board.
     Sec.  11.  COMPENSATION; EXPENSES.  Provides that a member of
     the board is entitled to a per diem of $50, unless another
     amount is specified in the General Appropriations Act, for
     each day the member performs functions as a member of the
     board, and reimbursement for actual and necessary expenses the
     member incurs in performing functions as a member of the
     board. 
     
     Sec.  12.  STAFF.  Requires the authority to employ persons
     and contract with consultants as necessary for the authority
     to perform its functions.  Provides that the employees of the
     authority are considered to be state employees.
     
     Sec.  13.  ISSUANCE OF BONDS.    (a)  Authorizes the authority
     to issue and sell bonds to finance the acquisition or
     construction of buildings in Travis County or at any other
     location specified by law.  Authorizes the authority to issue
     bonds and distribute the proceeds of those bonds to
     appropriate agencies for acquiring, constructing, or equipping
     new facilities or for major repair or renovation of existing
     facilities; corrections institutions, including facilities
     authorized by certain sections of the Government Code;
     criminal justice facilities for the Texas Department of
     Criminal Justice, including youth corrections institutions;
     and mental health and mental retardation institutions. 
     Provides that the authority's power to issue bonds includes
     the power to issue and sell bonds for the financing of a
     package of agreements involving one or more state agencies.
     
     (b)  Provides that before the authority may issue or sell
       bonds under this Act, the legislature must have authorized
       in this Act, the General Appropriations Act, or another act
       the specific project for which the bonds are to be issued
       and sold and must have authorized the estimated cost of the
       project or the maximum amount of indebtness that may be
       incurred by the issuance and sale of bonds for the project.
       
       (c)  Requires the authority to certify to the commission or
       the appropriate state agency and to the comptroller that the
       proceeds from the issuance of bonds are available after the
       issuance of bonds under this Act.  Requires the proceeds of
       bonds to be deposited in the state treasury or in the Texas
       Treasury Safekeeping Trust Company, at the direction of the
       board, to the account of the appropriate state agency. 
       Requires the proceeds to be held in a fund separate from
       other funds of the state and to be invested by the state
       treasurer at the direction of the board in investments
       authorized by law.  Prohibits proceeds of a particular issue
       of bonds from being commingled with any other funds. 
       Requires the proceeds to be credited to the account of the
       state agency that is responsible under the contract or
       agreement for making rental or installment payments to the
       authority or that is otherwise the state agency for the
       benefit of which the bonds were issued.
       
       (d)  Provides that the authority is an issuer for purposes
       of Chapter 656, Article 717q, V.T.C.S.
       
       (e)  Requires the investment income of proceeds that the
       authority determines is necessary to finance the
       acquisition, construction, purchase, or lease of buildings,
       equipment, or another project and that is not required to be
       rebated to the federal government or used for debt service
       to be used as determined by the authority.
     Sec.  14.  ISSUANCE OF BONDS FOR EQUIPMENT.  (a)  Authorizes
     the authority to also issue and sell bonds for the financing
     of the lease or other agreement if the agreement relates to
     equipment that a state agency in the executive or judicial
     branch of state government has purchased or leased or intends
     to purchase or lease.  Provides that the authority's power to
     issue bonds under this section includes the power to issue and
     sell bonds for the financing of a package of agreements
     involving one or more state agencies.
     
     (b)  Provides that bonds issued by the authority are payable
       under a certain agreement.
       
       (c)  Requires the commission to perform its functions as
       purchasing agent for the state with the funds obtained under
       this Act being used solely to finance the agreement if an
       agreement is between the authority and a state agency or
       between a vendor and a state agency.  Requires the authority
       and the commission to adopt a memorandum of understanding
       that defines the division of responsibility between the
       authority and the commission.
       
       (d)  Authorizes the state agencies to enter into the types
       of agreements described by Subsection (b) of this section to
       purchase or lease necessary equipment.
       
       (e)  Requires the agency to obtain approval or perform an
       act before the agency may enter into an agreement under this
       Act if a state agency is required by law to obtain the
       approval of another state agency or perform any other act
       before a state agency may purchase or lease computer
       equipment.  Requires the authority to adopt rules providing
       that the equipment may not be financed before the authority
       receives written proof that the requirements have been
       satisfied.
     Sec.  15.  COMMISSION OR OTHER STATE AGENCY TO ACT.  Requires
     the commission or other state agency involved in acquiring or
     constructing a building or equipment financed by the issuance
     of bonds under this Act to carry out its statutory authority
     as if the building or equipment were financed by legislative
     appropriation.  Requires the authority and either the
     commission or another state agency involved in the acquisition
     or construction of a building to adopt a memorandum of
     understanding that describes the division of responsibility
     between the authority and the commission or agency.
     
     Sec.  16.  STATE LEASE FUND.  (a)  Provides that the state
     lease fund is a dedicated account in the general revenue fund,
     and is hereby re-created for purposes of Section 403.094,
     Government Code.  Authorizes the fund to be used to deposit
     appropriations to the commission or other state agency or
     directly to the authority on behalf of the commission or the
     state agency for the payment of required rents, fees, and
     installments to the authority to permit the authority to pay
     principal and interest, if any, and redemption premium, if
     any, with respect to any bonds issued by the authority. 
     Authorizes amounts in the fund to be used only for the payment
     of bonds as described in this subsection.  Requires the
     interest earned on the investment income deposited in the
     state lease fund to be credited to and accounted for in the
     state lease fund and used to pay debt service on bonds of the
     authority.
     
     (b)  Authorizes the legislature to transfer funds in the
       state lease fund to the capital trust fund for other
       purposes as the legislature determines after all bonds have
       been duly paid or provided for. 
     Sec.  17.  AUTHORITY TO ACT AS ISSUER.  (a)  Provides that the
     authority has the exclusive authority to act on behalf of
     certain entities in issuing bonds on their behalf.  Provides
     that the authority is subject to all rights, duties, and
     conditions surrounding issuance applicable to the issuing
     entity under the statute authorizing the issuance in
     connection with those issuances and with the issuance of
     refunding bonds on behalf of those entities.  Provides that
     all references in an authorizing statute to the entity on
     whose behalf the bonds are being issued apply to the authority
     in its capacity as issuer on behalf of the entity.
     
     (b)  Provides that this section does not apply to the
       University of Texas System, the Texas A&M University System,
       or a component of those systems, to an institution of higher
       education authorized to issue bonds under Section 17,
       Article VII, Texas Constitution, or to bonds authorized to
       be issued by any of those systems, components, or
       institutions.
     Sec.  18.  EXPENSES FOR CERTAIN COMPUTER EQUIPMENT.  Requires
     the principal amount of bonds issued to finance the purchase
     of the equipment to be sufficient to cover any payments of
     principal and interest that must occur during the remainder of
     the biennium after the bonds are issued for computer equipment
     that is the subject of a contingent appropriation under
     Chapter 317B, Government Code.
     
     Sec.  19.  BOND REVIEW BOARD APPROVAL.  (a)  Prohibits the
     authority from issuing bonds unless the bond review board has
     approved the issuance under Chapter 1078, Article 717k-7,
     V.T.C.S. 
     
     (b)  Authorizes bonds issued by the authority to be refunded
       as determined by the authority and approved by the bond
       review board.  Ratifies and confirms the projects authorized
       in Chapter 700, Acts of the 68th Legislature, Regular
       Session, 1983.
     Sec.  20.  PROJECT ANALYSIS.  (a)  Requires the agency or
     institution that will use the project to be financed by the
     bonds to submit to the bond review board a project analysis of
     the project when the authority submits its application for
     approval of issue of bonds to the bond review board.  Provides
     that this subsection does not apply to the Texas Department of
     Criminal Justice's (department) minor renovation, repair, or
     construction projects as defined by the department in
     cooperation with the commission.  Requires the project to be
     in the form required for a project analysis requested from the
     commission under current law.  
     
     (b)  Requires the department to submit to the authority and
       the bond review board a master plan for construction of
       corrections facilities.  Requires the plan to be in the
       form, contain the information, and cover the period
       prescribed by the bond review board and to be revised at
       least annually.
       
       (c)  Prohibits the bond review board from approving the
       issue of bonds unless a project analysis is submitted as
       provided by this section.
     Sec.  21.  FORM OF BONDS.  (a)  Authorizes the authority to
     issue bonds in various series or issues.
     
     (b)  Authorizes the bonds to mature serially or otherwise
       and bear interest at the rate permitted by the constitution
       and laws of this state.
       
       (c)  Authorizes the authority to provide for the flow of
       funds, including establishing and maintaining various funds.
       
       (d)  Authorizes an order or resolution of the authority for
       the issuance of bonds to contain other provisions and
       covenants as determined by the authority.  Authorizes the
       bonds to be issued in the form, denominations, and manner
       and under the terms, conditions, and details provided by the
       authority in the order or resolution.  Requires the bonds to
       be signed and executed as provided in the order or
       resolution.  Authorizes the authority to adopt and have
       executed any other proceedings or instruments necessary and
       convenient in the issuance of bonds.
       
       (e)  Provides that the bonds and any interest coupons issued
       by the authority are investment securities under Chapter 8,
       Business and Commerce Code, and may be issued registrable as
       to principal or as to both principal and interest and may be
       made redeemable before maturity, at the option of the
       authority, or may contain mandatory redemption provisions.
     Sec.  22.  AUTHORIZED INVESTMENTS; SECURITY FOR PUBLIC FUNDS. 
     (a)  Provides that bonds issued under this Act are legal and
     authorized investments for a bank, trust company, savings
     bank, savings and loan association, insurance company,
     fiduciary, trustee, or guardian or a sinking fund of a
     municipality, county, school district, or political
     subdivision of the state and other public funds of the state
     and its agencies, including the permanent school fund.
     
     (b)  Authorizes bonds issued under this Act to secure
       deposits of public funds of the state, a municipality, a
       county, a school district, or another political corporation
       or subdivision of the state.  Authorizes a bond to provide
       this security up to its value if accompanied by all
       unmatured coupons.
     Sec.  23.  APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY
     COMPTROLLER.  (a)  Requires the bonds issued by the authority
     to be submitted to the attorney general for examination.
     
     (b)  Requires the attorney general to approve the bonds, and
       the comptroller of public accounts to register the bonds if
       the attorney general finds that the bonds have been
       authorized in accordance with the law.
       
       (c)  Provides that the bonds are incontestable in any court
       or other forum for any reason and are valid and binding in
       accordance with their terms for all purposes.
     Sec.  24.  REFUNDING BONDS.  Authorizes the authority to issue
     bonds to refund all or part of outstanding bonds issued under
     this Act, including matured but unpaid interest.
     
     Sec.  25.  TAX STATUS OF BONDS.  Provides that bonds issued by
     the authority, and any interest earnings on the bonds, any
     transaction relating to the bonds, and profits made in the
     sale of the bonds, are not subject to taxation by the state or
     by a city, county, special district, or other political
     subdivision of the state.
     
     Sec.  26.  REVENUE BONDS.  (a)  Authorizes an order or
     resolution of the authority authorizing the issuance of
     revenue bonds to prohibit the issuance of additional revenue
     bonds payable from the pledged revenues, or the order or
     resolution may preserve the right of the authority to issue
     additional revenue bonds on the condition that additional
     bonds are on a parity with or subordinate to the lien and
     pledge of the revenues, and the operation and maintenance of
     the buildings, equipment, or other projects financed with the
     proceeds of the revenue bonds.
     
     (b)  Authorizes the principal amount of any issuance of
       bonds for that purpose to be in an amount not to exceed one
       and one-half the amount of the expected cost for the project
       being financed in recognition that the cost estimates for
       acquisition, construction, repair, or renovation of a
       project are not final at the time the project is authorized
       for financing and that the bonds may be issued to fund
       associated costs, including reasonably required reserve
       funds, capitalized interest, administrative costs of the
       authority, and issuing expenses.  Requires the authority to
       affirmatively find that the costs are necessary and
       reasonable at the time the bonds are issued.
       
       (c)  Requires investment income of proceeds that the
       authority determines is not needed to finance the
       acquisition, construction, purchase, or lease of buildings,
       equipment, or another project and that is not required to be
       rebated to the federal government or used for debt service
       to be credited to and accounted for in the state lease fund
       and used to pay debt service on bonds of the authority.
       
       (d)  Authorizes the authority to provide for the repayment
       of the principal of and interest on the revenue bonds issued
       under this Act from any source of funds lawfully available
       to the authority.
       
       (e)  Requires the appropriate agency to provide for the
       payment to the authority under the lease agreement or other
       agreement adopted in accordance with this Act an amount
       determined by the authority to be sufficient to pay the
       principal of and interest on the revenue bonds; maintain any
       reserve fund necessary to service the debt; and reimburse
       the authority for other costs and expenses relating to a
       project or outstanding bonds.
       
       (f)  Requires each state agency for which revenue bonds have
       been issued by the authority to include in its biennial
       appropriation request to the legislature an amount
       sufficient to pay the principal of an interest on
       outstanding revenue bonds issued for the benefit of the
       agency.
       
       (g)  Requires the commission or the appropriate agency to
       establish schedules necessary to properly charge occupying
       state agencies for the expenses incurred in financing the
       acquisition or construction of buildings or other projects
       in accordance with this Act.
       
       (h)  Requires occupying state agencies to pay to the
       commission, the appropriate state agency, or directly into
       the state lease fund that amount determined by the
       commission when the payments are due.  Authorizes the
       legislature to directly appropriate funds to the state lease
       fund in lieu of the payments.
       
       (i)  Requires payments received by the commission or a state
       agency under this section to be deposited to the credit of
       the state lease fund.
       
       (j)  Provides that the rights of the state agency in
       property financed by the authority through the issuance of
       revenue bonds are those of a lessee, and a person claiming
       under or through the agency may not acquire any greater
       rights with respect to that property.
     Sec.  27.  CONVEYANCE OF PROPERTY.  (a)  Requires the
     authority to certify to the commission or the appropriate
     state agency that rentals, payments, or installments are no
     longer required to pay the principal of the interest on the
     bonds when the principal of and interest on bonds relating to
     equipment or a building financed under this Act are paid in
     full and the equipment or building is free of all liens.
     
     (b)  Requires the authority, if necessary and for $1, to
       convey the title of the building or equipment, including any
       involved real property, to the commission or the appropriate
       state agency when making the certification under Subsection
       (a) of this section.
     Sec.  28.  PREFERENCE IN LEASING.  Provides that buildings
     owned by the authority are state-owned space for certain
     purposes.
     
     Sec.  29.  MANNER OF REPAYMENT OF REVENUE BONDS.   (a) 
     Authorizes the authority to provide for the payment of the
     principal of and interest on revenue bonds issued under this
     Act by pledging all or part of the rents, issues, profits, and
     other revenues derived from leasing a building, equipment, or
     other project to a state agency either directly or through the
     commission; by pledging all or part of the revenues derived
     from selling equipment or another project on an installment
     basis to a state agency either directly or through the
     commission; or from any other source of funds lawfully
     available to the authority.
     
     (b)  Requires the commission or an occupying or using state
       agency to pay to the authority a rental or make installment
       payments on the buildings, equipment, or other projects. 
       Requires the authority to determine the amount of the rental
       or installment payments.  Requires the amount to be
       sufficient.
       
       (c)  Requires the commission or state agency to set the
       rental in an amount that is sufficient to pay the rental
       required by the authority when the commission or state
       agency is required by Subsection (b) of this section to pay
       a rental to the authority and the commission or state agency
       depends on receiving a rental from an occupying or using
       state agency to pay the authority.
       
       (d)  Requires all lease and installment sale contracts
       entered into under this Acto to be contingent on the
       appropriation of sufficient funds by the legislature. 
       Authorizes the authority to take the action necessary to
       ensure that the payment of principal of and interest on
       revenue bonds are continued without interruption, if
       sufficient appropriated funds are not available, the
       commission or a state agency fails or refuses to pay rentals
       or installments, or the commission or a state agency fails
       or refuses to renew a lease contract.  Provides that
       permissible actions include the re-leasing or subleasing of
       buildings or other projects to a state agency or any other
       entity and the repossession and resale of equipment to a
       state agency or any other entity.  Authorizes the authority
       to also access the state agency's appropriated funds from
       time to time by issuing vouchers on those funds to the
       comptroller to transfer funds from accounts of the state
       agency to the state agency to the state lease fund for
       payment of principal of and interest on the revenue bonds.
       
       (e)  Authorizes the authority to lease all or part of a
       building or other project, the acquisition or construction
       of which was financed under this Act, to any person or
       entity when the building or other project cannot be leased
       to the commission or a state agency.  Authorizes the
       authority to determine the terms of the lease.
       
       (f)  Authorizes the legislature to direct, by law, that
       funds in the capital trust fund be used to pay the principal
       of and interest on revenue issued under this Act for the
       acquisition and construction of a building, equipment, or
       other project in addition to other sources of repayment
       provided by this section.  Authorizes the legislature to
       also require the deposit into the capital trust fund of all
       or part of the proceeds of a transaction concerning a
       building, equipment, or other project.
     Sec.  30.  STATE DEBT NOT CREATED BY REVENUE BONDS.  (a) 
     Provides that revenue bonds issued under this Act are not
     debts of the state or any state agency, political corporation,
     or political subdivision or the state and are not a pledge of
     the faith and credit of any of those entities.  Provides that
     the revenue bonds are payable solely from revenue as provided
     by this Act.
     
     (b)  Requires a revenue bond to contain on its face a
       certain statement.
     Sec.  31.  CERTIFICATION OF RECEIPT OF PROCEEDS.  Requires the
     authority to certify to the appropriate state agency and to
     the comptroller that proceeds of the bonds are available on
     the issuance of bonds under this Act.
     
     Sec.  32.  SPECIFIC PROJECTS.  (a)   Provides that the
     buildings described by this section are approved for financing
     in accordance with this Act in addition to the buildings that
     the legislature has previously approved for acquisition or
     construction.
     
     (b)  Approves certain projects totaling $128,633,00.
       
       (c)  Authorizes the authority to issue bonds under this Act
       to finance renovations and constructions of certain
       buildings notwithstanding the limitations prescribed in this
       Act relating to the location of buildings for which bonds
       may be issued.  Requires the commission, prior to requesting
       the authority to issue bonds, to prepare project analyses
       for the potential construction projects and subsequent
       thereto perform an alternative purchase analysis pursuant to
       the provisions of Section 5.34, Article 601b, V.T.C.S.
       (General Purchasing and General Services Act), for the
       purposes of this subsection regarding Tarrant and Harris
       counties.
       
       (d)  Provides that the legislature finds that there is a
       continued need for the acquisition of real property located
       in or in the immediate vicinity of state office building
       complexes for the continued operation of the government of
       the state in provision of service to the people of this
       state; that there are periodic fluctuations in the prices
       and values of real property; and that the ability of the
       state to respond to rapidly changing market conditions is
       necessary in order to acquire real property at substantial
       savings to the taxpayers.  Provides that the commission is
       therefore empowered hereby and in accordance with Project 5
       of Subsection (b) of this section to purchase real property
       identified in that project number to make contracts
       necessary to carry out and effectuate the purposes herein
       stated.  Requires the commission to determine that the
       purchase would be in the state's best interests.
     Sec.  33.  PURCHASE AND RENOVATION OF TEXAS EMPLOYMENT
     COMMISSION PROPERTY.  (a)  Requires the Texas Employment
     Commission (TEC) to sell to the commission office buildings
     and parking facilities in its possession in or near the
     Capitol Complex, and the commission shall purchase and
     renovate the buildings and parking facilities, at an estimated
     cost of $46 million.  Provides that the purchase and
     renovation is approved for financing in accordance with this
     Act and bonds may be issued to finance the purchase and
     renovation in accordance with this Act.
     
     (b)  Authorizes the commission, from funds made available by
       the authority, to renovate the facilities as necessary for
       occupancy in accordance with the allocation of space within
       the building made under Subsection (c) of this section after
       the buildings have been acquired.  Requires the commission
       to consider the cost to TEC of alternative space outside the
       Capitol Complex in negotiating the price for the TEC
       facilities.  Requires the commission to also consider the
       price in the context of the reasonable rates that might
       otherwise be paid by prospective occupying state agencies
       for rent in comparable space.
       
       (c)  Provides that the space in that office building and
       parking facilities is allocated to the legislature and
       legislative agencies for their use.  Requires the presiding
       officers of each house of the legislature to jointly decide
       the allocation of the space within the buildings and
       facilities.
     Sec.  34.  GENERAL OBLIGATION BONDS.  (a)  Authorizes the
     authority to issue up to $500 million in general obligation
     bonds and distribute the proceeds of those bonds to
     appropriate agencies for use for acquiring, constructing, or
     equipping new facilities, corrections institutions, including
     youth corrections institutions, and mental health and mental
     retardation institutions.
     
     (b)  Authorizes the authority to issue up to $400 million in
       general obligation bonds, in addition to the amount
       authorized by Subsection (a) of this section, and distribute
       the proceeds of those bonds to appropriate agencies for the
       same uses as authorized by Subsection (a) of this section
       and to the department for the purchase, repair, and
       renovation of the Austin Independent School District
       administration building adjacent to the department state
       headquarters, for the purpose of expanding the department's
       state headquarters' central office building.
       
       (c)  Authorizes the authority to issue up to $1.055 billion
       in general obligation bonds, in addition to the amounts
       authorized by Subsections (a) and (b) of this section, and
       distribute the proceeds of those bonds to appropriate
       agencies for use for acquiring, constructing, or equipping
       new prisons and substance abuse felony punishment facilities
       to confine criminals and youth corrections institutions, for
       major repair or renovation of existing prison facilities and
       youth corrections institutions, and for the acquisition of
       or renovation of other facilities for use as state prisons,
       substance abuse felony punishment facilities, or facilities
       in which pilot programs established as provided by Section
       614.011, Health and Safety Code, are conducted.
       
       (d)  Authorizes the authority to issue up to $1 billion in
       general obligation bonds, in addition to amounts authorized
       by Subsections (a), (b), and (c) of this section, and
       distribute the proceeds of those bonds to appropriate
       agencies for use for acquiring, constructing, or equipping
       new facilities or for major repair or renovation of existing
       facilities of corrections institutions, including youth
       corrections institutions, and mental health and mental
       retardation institutions.
       
       (e)  Requires the authority to make good faith effort to use
       historically underutilized businesses to assist in the
       issuance of at least 30 percent of the total value of the
       bonds authorized by Subsection (d) of this section. 
       Requires the authority to report to the legislature and the
       governor on the level of historically underutilized business
       participation in the issuance of those bonds.  Defines
       "historically underutilized business."  Requires those
       persons who own at least 51 percent of all classes of the
       shares of stock or other equitable securities to have
       proportionate interest in the control, operation, and
       management of the corporation's affairs.
       
       (f)  Authorizes the proceeds to be used to refinance an
       existing obligation for a purpose described by Subsections
       (a)-(d) of this section.  Authorizes the authority to issue
       general obligation bonds authorized under Subsection (a) or
       (b) of this section to refund revenue bonds issued under
       this Act.
       
       (g)  Authorizes the authority to issue up to $45 million in
       general obligation bonds, in addition to the amounts
       authorized by Subsections (a)-(d) of this section, and
       distribute the proceeds of those bonds to appropriate
       agencies for use in acquiring, constructing, or equipping
       new mental health or mental retardation facilities,
       including community-based facilities, or for major repair or
       renovation of mental health or mental retardation
       facilities.  Authorizes the proceeds to be used to refinance
       an existing obligation for a purpose described in this
       subsection.  Authorizes the authority to issue general
       obligation bonds authorized under this section to refund
       revenue bonds issued under this Act.
       
       (h)  Authorizes the authority to issue up to $50 million in
       general obligation bonds, in addition to the amounts
       authorized by Subsections (a)-(d) of this section, and
       distribute the proceeds of those bonds to appropriate
       agencies for acquiring, constructing, or equipping new youth
       corrections facilities or for major repair or renovation of
       existing youth corrections facilities.
       
       (i)  Authorizes the bonds authorized by this section to be
       issued at a rate of interest, according to the terms, and in
       a form determined by the authority.
       
       (j)  Requires the authority, by rule, to establish
       guidelines, criteria, and procedures for distributions of
       proceeds of bonds.
       
       (k)  Requires the authority to provide an accurate estimate
       of interest and sinking fund balances available for payment
       of debt service on general obligation bonds to the
       Legislative Budget Board and Governor's Office of Budget and
       Planning not later than January 1 of each odd-numbered year.
     Sec.  35.  ISSUANCE OF OBLIGATIONS FOR ALTERNATIVE FUELS
     PROJECTS.  (a)  Authorizes the authority, if it determines
     that a project is financially viable and sufficient revenue is
     or will be available, to issue and sell obligations for the
     funding of certain items.
     
     (b)  Authorizes the authority to issue and sell not more
       than $50 million in obligations for projects under this
       section.
       
       (c)  Authorizes the board to provide for the payment of the
       principal of or interest on the bonds and obligations issued
       under this section by pledging all or part of the revenue
       the state derives from the sale of alternative fuels,
       alternative fuels equipment or technology, or vehicles
       powered by alternative fuels; by contracting with a
       political subdivision or a private entity derives from the
       sale of alternative fuels, alternative fuels equipment or
       technology, or vehicles powered by alternative fuels in an
       amount sufficient to ensure that the bonds or obligations
       are paid; by pledging appropriated general revenues of the
       state or other appropriated money in the state treasury; or
       from any other source of funds available to the board.
       
       (d)  Requires the authority to attempt to include minority-owned businesses in the issuance and underwriting of at
       least 20 percent of the bonds and obligations issued under
       this section and women-owned businesses in the issuance and
       underwriting of at least 10 percent of the bonds and
       obligations issued under this section.
       
       (e)  Requires the alternative fuels council to evaluate an
       application under this section by an eligible entity for the
       financing of the acquisition, construction, or improvement
       of alternative fuels infrastructure and to determine whether
       the proposed project will increase energy or cost savings to
       the applicant.  Prohibits a bond or other obligation from
       being issued under Subsection (a) of this section unless the
       alternative fuels council certifies that the proposed
       project will increase energy or cost savings to the
       applicant.  Authorizes the alternative fuels council, by
       rule, to adopt procedures and standards for the evaluation
       of an application for financing of a proposed project under
       this section.
       
       (f)  Requires costs of administration of the alternative
       fuels finance program to be considered a part of project
       costs and to be funded with bond proceeds.  Deletes existing
       Sections 1-34.
     SECTION 2.     Validates, ratifies, and confirms the appropriations
made by Section 2, Article II, Chapter 700, Acts of the 68th
Legislature, Regular Session, 1983, for the periods and purposes
specified by that section.

SECTION 3. Requires the authority to succeed to the ownership of
all property of and all lease rental contracts entered into by the
Texas Public Building Authority that was created by Chapter 700,
Acts of the 68th Legislature, Regular Session, 1983, and all of the
obligations contracted or assumed by the previous authority with
respect to any property or contract are obligations of the
authority.  Validates, ratifies, and confirms actions taken by the
previous authority.

SECTION 4. Repealer:  Article 601d-1, V.T.C.S. (Issuance of bonds
to finance certain state facilities; bond review board).

SECTION 5. Effective date:  September 1, 1995.

SECTION 6. Emergency clause.