1-1  By:  Romo (Senate Sponsor - Barrientos)               H.B. No. 1013
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on Finance;
    1-4  May 17, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 1; May 17, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 1013              By:  Barrientos
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the issuance of obligations by the Texas Public Finance
   1-11  Authority.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 9B(a), Texas Public Finance Authority Act
   1-14  (Article 601d, Vernon's Texas Civil Statutes), is amended to read
   1-15  as follows:
   1-16        (a)  With respect to all bonds authorized to be issued by the
   1-17  Texas National Guard Armory Board, Texas National Research
   1-18  Laboratory Commission, Parks and Wildlife Department, Texas
   1-19  Department of Commerce, Texas Higher Education Coordinating Board,
   1-20  Texas Agricultural Finance Authority, and all institutions of
   1-21  higher education authorized to issue bonds under Chapter 55,
   1-22  Education Code, the authority has the exclusive authority to act on
   1-23  behalf of those entities in issuing bonds on their behalf.  In
   1-24  connection with those issuances and with the issuance of refunding
   1-25  bonds on behalf of those entities, the authority is subject to all
   1-26  rights, duties, and conditions surrounding issuance previously
   1-27  applicable to the issuing entity under the statute authorizing the
   1-28  issuance.  All references in an authorizing statute to the entity
   1-29  on whose behalf the bonds are being issued apply equally to the
   1-30  authority in its capacity as issuer on behalf of the entity.
   1-31        SECTION 2.  The Texas Public Finance Authority Act (Article
   1-32  601d, Vernon's Texas Civil Statutes) is amended by adding Section
   1-33  9D to read as follows:
   1-34        Sec. 9D.  PARTICIPATION OF CERTAIN BUSINESSES IN ISSUANCE OF
   1-35  OBLIGATIONS.  (a)  The authority shall make an effort to overcome
   1-36  the underuse of historically underutilized businesses as businesses
   1-37  receiving contracts for the purchase of services and supplies used
   1-38  in connection with the issuance of obligations issued by the
   1-39  authority.
   1-40        (b)  The authority shall submit a comprehensive annual report
   1-41  to the governor detailing its use of historically underutilized
   1-42  businesses.
   1-43        (c)  In this section, "historically underutilized business"
   1-44  has the meaning as assigned by Section 481.101, Government Code.
   1-45        (d)  The rules adopted under this section may not be used to
   1-46  discriminate against any citizen on the basis of sex, race, color,
   1-47  creed, or national origin.
   1-48        (e)  This section does not create a new cause of action,
   1-49  either public or private.
   1-50        SECTION 3.  Subchapter D, Chapter 58, Agriculture Code, is
   1-51  amended by adding Section 58.041 to read as follows:
   1-52        Sec. 58.041.  BOND ISSUANCE BY TEXAS PUBLIC FINANCE
   1-53  AUTHORITY.  The Texas Public Finance Authority shall exercise the
   1-54  board's authority provided by law to issue bonds and refunding
   1-55  bonds.  The Texas Public Finance Authority is subject to all
   1-56  rights, duties, and conditions provided by law with respect to
   1-57  issuance of bonds by the board.
   1-58        SECTION 4.  Subchapter C, Chapter 61, Education Code, is
   1-59  amended by adding Section 61.084 to read as follows:
   1-60        Sec. 61.084.  BOND ISSUANCE BY TEXAS PUBLIC FINANCE
   1-61  AUTHORITY.  (a)  The Texas Public Finance Authority shall exercise
   1-62  the board's authority provided by law to issue bonds and refunding
   1-63  bonds.  The Texas Public Finance Authority is subject to all
   1-64  rights, duties, and conditions provided by law with respect to
   1-65  issuance of bonds by the board.
   1-66        (b)  For purposes of Sections 50b, 50b-1, 50b-2, and 50b-3,
   1-67  Article III, Texas Constitution, the authority is the successor to
   1-68  the board.
    2-1        SECTION 5.  Subchapter A, Chapter 481, Government Code, is
    2-2  amended by adding Section 481.0091 to read as follows:
    2-3        Sec. 481.0091.  BOND ISSUANCE BY TEXAS PUBLIC FINANCE
    2-4  AUTHORITY.  The Texas Public Finance Authority shall exercise the
    2-5  department's authority provided by law to issue bonds and refunding
    2-6  bonds.  The Texas Public Finance Authority is subject to all
    2-7  rights, duties, and conditions provided by law with respect to
    2-8  issuance of bonds by the department.
    2-9        SECTION 6.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.
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