74R6852 SMH-D
By Holzheauser H.B. No. 1441
Substitute the following for H.B. No. 1441:
By Carona C.S.H.B. No. 1441
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the financing of alternative fuels projects by the
1-3 Texas Public Finance Authority on behalf of state agencies and
1-4 certain political subdivisions of the state.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 9C, Texas Public Finance Authority Act
1-7 (Article 601d, Vernon's Texas Civil Statutes), is amended by
1-8 amending Subsections (a) and (f) and adding Subsections (g) and (h)
1-9 to read as follows:
1-10 (a) The authority may, if it determines that a project is
1-11 financially viable and sufficient revenue is or will be available,
1-12 issue and sell obligations the proceeds of which shall be used for
1-13 the financing of:
1-14 (1) the conversion of state agency vehicles and other
1-15 sources of substantial energy output to alternative fuels under
1-16 Section 3.29, State Purchasing and General Services Act (Article
1-17 601b, Vernon's Texas Civil Statutes), and its subsequent
1-18 amendments;
1-19 (2) the construction, acquisition, or maintenance by
1-20 the General Services Commission of fueling stations supplying
1-21 alternative fuels or equipment enhancing the use of engine-driven
1-22 technology to support state agency vehicles and other energy
1-23 applications that use alternative fuels;
2-1 (3) the conversion of school district motor vehicles
2-2 and other sources of substantial energy output to alternative fuels
2-3 under Section 21.174, Education Code, and its subsequent
2-4 amendments;
2-5 (4) the construction, acquisition, or maintenance by a
2-6 school district of fueling stations supplying alternative fuels or
2-7 equipment enhancing the use of engine-driven technology to support
2-8 school district motor vehicles and other energy applications that
2-9 use alternative fuels;
2-10 (5) the conversion of local mass transit authority or
2-11 department motor vehicles and other sources of substantial energy
2-12 output to alternative fuels under Section 14, Chapter 141, Acts of
2-13 the 63rd Legislature, Regular Session, 1973 (Article 1118x,
2-14 Vernon's Texas Civil Statutes), Section 20, Chapter 683, Acts of
2-15 the 66th Legislature, 1979 (Article 1118y, Vernon's Texas Civil
2-16 Statutes), and Section 6, Article 1118z, Revised Statutes, and
2-17 their subsequent amendments;
2-18 (6) the construction, acquisition, or maintenance of
2-19 fueling stations supplying alternative fuels or equipment enhancing
2-20 the use of engine-driven technology by a local mass transit
2-21 authority or department to support transit authority or department
2-22 vehicles and other energy applications that use alternative fuels;
2-23 <and>
2-24 (7) the conversion of motor vehicles and other sources
2-25 of substantial energy output of a local government, as defined by
3-1 Section 382.003, Health and Safety Code, to alternative fuels under
3-2 Section 382.134, Health and Safety Code;
3-3 (8) the conversion of motor vehicles and other sources
3-4 of substantial energy output of a hospital district or authority, a
3-5 housing authority, or a district or authority created under Section
3-6 52, Article III, Texas Constitution, or Section 59, Article XVI,
3-7 Texas Constitution, to alternative fuels;
3-8 (9) the construction, acquisition, or maintenance of
3-9 fueling stations supplying alternative fuels or equipment enhancing
3-10 the use of engine-driven technology to support motor vehicles and
3-11 other energy applications that use alternative fuels by a county, a
3-12 municipality, a hospital district or authority, a housing
3-13 authority, or a district or authority created under Section 52,
3-14 Article III, Texas Constitution, or Section 59, Article XVI, Texas
3-15 Constitution; and
3-16 (10) a joint venture between the private sector and a
3-17 state agency or political subdivision that is required under law to
3-18 use alternative fuels in the agency's or subdivision's vehicles or
3-19 other energy applications to:
3-20 (A) convert vehicles or other sources of
3-21 substantial energy output to alternative fuels;
3-22 (B) develop fueling stations and resources for
3-23 the supply of alternative fuels and engine-driven applications;
3-24 (C) aid in the distribution of alternative
3-25 fuels; and
4-1 (D) engage in other projects to facilitate the
4-2 use of alternative fuels.
4-3 (f) Costs of issuance of the bonds and of administration of
4-4 the alternative fuels finance program shall be considered a part of
4-5 project costs and shall be funded with bond proceeds.
4-6 (g) The authority may use the proceeds of obligations issued
4-7 by the authority to purchase, at a price determined by the
4-8 authority, an obligation of an entity described by Subsection (a)
4-9 of this section that evidences the entity's obligation to repay the
4-10 authority. Notwithstanding any other law to the contrary, the
4-11 authority may acquire an obligation of an entity described by
4-12 Subsection (a) of this section in a private sale as provided by
4-13 resolution or order of the governing body of the entity.
4-14 (h) An entity described by Subsection (a) of this section
4-15 may borrow from the authority by selling an obligation to the
4-16 authority.
4-17 SECTION 2. The importance of this legislation and the
4-18 crowded condition of the calendars in both houses create an
4-19 emergency and an imperative public necessity that the
4-20 constitutional rule requiring bills to be read on three several
4-21 days in each house be suspended, and this rule is hereby suspended,
4-22 and that this Act take effect and be in force from and after its
4-23 passage, and it is so enacted.