By Marchant                                           H.B. No. 1587
       74R5175 RJA-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers and duties of the Texas Public Finance
    1-3  Authority and to the issuance of bonds for certain state projects;
    1-4  granting the power of eminent domain; validating a prior
    1-5  appropriation.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  The Texas Public Finance Authority Act (Article
    1-8  601d, Vernon's Texas Civil Statutes) is amended to read as follows:
    1-9        Sec. 1.  SHORT TITLE.  This Act may be cited as the Texas
   1-10  Public Finance Authority Act.
   1-11        Sec. 2.  DEFINITIONS.  In this Act:
   1-12              (1)  "Authority" means the Texas Public Finance
   1-13  Authority.
   1-14              (2)  "Board" means the board of directors of the
   1-15  authority.
   1-16              (3)  "Bonds" or "obligations" means bonds, notes,
   1-17  certificates of participation, certificates of obligation,
   1-18  commercial paper, or interests in contracts.
   1-19              (4)  "Building" means the physical structure used by a
   1-20  state agency, public body, or other person to conduct its business
   1-21  and affairs and the major equipment or other personal property that
   1-22  is functionally related to the physical structure.
   1-23              (5)  "Commission" means the General Services
   1-24  Commission.
    2-1              (6)  "Computer equipment" means:
    2-2                    (A)  telecommunications devices or systems;
    2-3                    (B)  automated information systems;
    2-4                    (C)  computers on which information systems are
    2-5  automated; or
    2-6                    (D)  computer software.
    2-7              (7)  "Construction" means the erection, improvement,
    2-8  repair, renovation, or remodeling of a building.
    2-9              (8)  "Equipment" means fixed assets, other than land or
   2-10  buildings, used by a state agency, public body, or other person to
   2-11  conduct its business and affairs.  The term includes computer
   2-12  equipment.
   2-13              (9)  "Proceeds" means the original proceeds of bonds
   2-14  and the investment income on those proceeds.
   2-15              (10)  "State agency" means a board, commission,
   2-16  department, office, agency, institution of higher education, or
   2-17  other governmental entity in the executive, judicial, or
   2-18  legislative branch of state government.
   2-19        Sec. 3.  PURPOSE.  The purpose of this Act is to provide a
   2-20  method of financing and refinancing the capital costs of various
   2-21  state agencies and other public bodies as may be authorized by law.
   2-22  The purpose includes the:
   2-23              (1)  acquisition or construction of buildings in Travis
   2-24  County and the acquisition and construction of buildings in other
   2-25  counties of the state as authorized by law; and
   2-26              (2)  financing or refinancing of the purchase or lease
   2-27  of equipment by state agencies.
    3-1        Sec. 4.  PUBLIC FINANCE AUTHORITY.  The Texas Public Finance
    3-2  Authority is a public authority and body politic and corporate.
    3-3        Sec. 5.  COMPOSITION OF BOARD.  The authority is governed by
    3-4  a board of directors composed of six members appointed by the
    3-5  governor with the advice and consent of the senate.
    3-6        Sec. 6.  TERMS.  Members of the board serve staggered
    3-7  six-year terms, with the terms of two members expiring on February
    3-8  1 of each odd-numbered year.
    3-9        Sec. 7.  SUNSET PROVISION.  The Texas Public Finance
   3-10  Authority is subject to Chapter 325, Government Code (Texas Sunset
   3-11  Act).  Unless continued in existence as provided by that chapter,
   3-12  the authority is abolished and this Act expires September 1, 1997.
   3-13        Sec. 8.  GENERAL POWERS.  The board may:
   3-14              (1)  exercise, to the extent practicable, all powers
   3-15  given to a corporation under the general laws of this state;
   3-16              (2)  have perpetual succession by its corporate name;
   3-17              (3)  sue and be sued in its corporate name;
   3-18              (4)  adopt a seal and use the seal as the board
   3-19  considers appropriate;
   3-20              (5)  accept gifts and donations; and
   3-21              (6)  adopt rules and perform all functions reasonably
   3-22  necessary for the board to administer its duties and
   3-23  responsibilities prescribed by law, including this Act.
   3-24        Sec. 9.  SCOPE OF POWER.  (a)  The board's powers under this
   3-25  Act are limited to the financing of the acquisition or construction
   3-26  of a building, the purchase or lease of equipment, or other capital
   3-27  financing authorized by this Act or another act of the legislature.
    4-1  The board's powers do not affect the powers of the commission or
    4-2  any other state agency.
    4-3        (b)  Buildings, equipment, or other projects financed by the
    4-4  authority under this Act or another act of the legislature do not
    4-5  become part of other property to which they may be attached or
    4-6  affixed or into which they may be incorporated, regardless of
    4-7  whether the other property is real or personal.
    4-8        Sec. 10.  EMINENT DOMAIN.  The authority has the power of
    4-9  eminent domain and may exercise the power for the purposes of this
   4-10  Act in connection with the approved acquisition or construction of
   4-11  buildings, equipment, or other projects, as provided by law,
   4-12  including this Act.
   4-13        Sec. 11.  OFFICERS; QUORUM; MEETINGS.  (a)  The governor
   4-14  biennially shall appoint a chairperson from the members of the
   4-15  board.  The board biennially shall elect a vice chairperson from
   4-16  its members.
   4-17        (b)  A majority of the full membership of the board
   4-18  constitutes a quorum.
   4-19        (c)  The board shall meet at least once in each quarter of
   4-20  the calendar year and shall meet at other times at the call of the
   4-21  chairperson or as prescribed by a rule of the board.
   4-22        Sec. 12.  COMPENSATION; EXPENSES.  A member of the board is
   4-23  entitled to:
   4-24              (1)  a per diem of $50, unless another amount is
   4-25  specified in the General Appropriations Act, for each day the
   4-26  member performs functions as a member of the board; and
   4-27              (2)  reimbursement for actual and necessary expenses
    5-1  the member incurs in performing functions as a member of the board.
    5-2        Sec. 13.  STAFF.  The authority shall employ persons and
    5-3  contract with consultants as necessary for the authority to perform
    5-4  its functions.  Employees of the authority are considered to be
    5-5  state employees.
    5-6        Sec. 14.  ISSUANCE OF BONDS.  (a)  The authority may issue
    5-7  and sell bonds to finance the acquisition or construction of
    5-8  buildings in Travis County or at any other location specified by
    5-9  law.  The authority may issue bonds and distribute the proceeds of
   5-10  those bonds to appropriate agencies for acquiring, constructing, or
   5-11  equipping new facilities or for major repair or renovation of
   5-12  existing facilities, corrections institutions, including facilities
   5-13  authorized by Sections 495.001(a) and 495.021(a), Government Code,
   5-14  criminal justice facilities for the Texas Department of Criminal
   5-15  Justice, including youth corrections institutions, and mental
   5-16  health and mental retardation institutions.  The authority's power
   5-17  to issue bonds includes the power to issue and sell bonds for the
   5-18  financing of a package of agreements involving one or more state
   5-19  agencies.
   5-20        (b)  Before the authority may issue and sell bonds under this
   5-21  Act, the legislature must have authorized in this Act, the General
   5-22  Appropriations Act, or another act the specific project for which
   5-23  the bonds are to be issued and sold and must have authorized the
   5-24  estimated cost of the project or the maximum amount of indebtedness
   5-25  that may be incurred by the issuance and sale of bonds for the
   5-26  project.
   5-27        (c)  After the issuance of bonds under this Act, the
    6-1  authority shall certify to the commission or to the appropriate
    6-2  state agency and to the comptroller that the proceeds from the
    6-3  issuance of the bonds are available.  The proceeds of the bonds
    6-4  shall be deposited in the state treasury or in the Texas Treasury
    6-5  Safekeeping Trust Company, at the direction of the board, to the
    6-6  account of the appropriate state agency.  The proceeds shall be
    6-7  held in a fund separate from other funds of the state and shall be
    6-8  invested by the state treasurer at the direction of the board in
    6-9  investments authorized by law.  Proceeds of a particular issue of
   6-10  bonds may not be commingled with any other funds.  The proceeds
   6-11  shall be credited to the account of the state agency that is
   6-12  responsible under a contract or agreement for making rental or
   6-13  installment payments to the authority or that is otherwise the
   6-14  state agency for the benefit of which the bonds were issued.
   6-15        (d)  The authority is an issuer for purposes of Chapter 656,
   6-16  Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
   6-17  Vernon's Texas Civil Statutes).
   6-18        (e)  Investment income of proceeds that the authority
   6-19  determines is necessary to finance the acquisition, construction,
   6-20  purchase, or lease of buildings, equipment, or another project and
   6-21  that is not required to be rebated to the federal government or
   6-22  used for debt service shall be used as determined by the authority.
   6-23        Sec. 15.  ISSUANCE OF BONDS FOR EQUIPMENT.  (a)  The
   6-24  authority may also issue and sell bonds for the financing of a
   6-25  lease or other agreement if the agreement relates to equipment that
   6-26  a state agency in the executive or judicial branch of state
   6-27  government has purchased or leased or intends to purchase or lease.
    7-1  The authority's power to issue bonds under this section includes
    7-2  the power to issue and sell bonds for the financing of a package of
    7-3  agreements involving one or more state agencies.
    7-4        (b)  Bonds issued by the authority are payable under an
    7-5  agreement that may be:
    7-6              (1)  a lease under which the authority leases equipment
    7-7  from a vendor for sublease to the commission or a state agency;
    7-8              (2)  a purchase by the authority of equipment and the
    7-9  lease of that equipment either directly to the commission for the
   7-10  benefit of a state agency or directly to a state agency;
   7-11              (3)  a purchase by the authority of equipment and the
   7-12  sale of that equipment to a state agency on an installment payment
   7-13  basis; or
   7-14              (4)  any other similar agreement.
   7-15        (c)  If an agreement is between the authority and a state
   7-16  agency or between a vendor and a state agency, the commission shall
   7-17  perform its functions as purchasing agent for the state with the
   7-18  funds obtained under this Act being used solely to finance the
   7-19  agreement.  The authority and the commission shall adopt a
   7-20  memorandum of understanding that defines the division of
   7-21  responsibility between the authority and the commission.
   7-22        (d)  State agencies may enter into the types of agreements
   7-23  described by Subsection (b) of this section to purchase or lease
   7-24  necessary equipment.
   7-25        (e)  If a state agency is required by law to obtain the
   7-26  approval of another state agency or perform any other act before a
   7-27  state agency may purchase or lease computer equipment, the agency
    8-1  must obtain approval or perform the act before the agency may enter
    8-2  into an agreement under this Act.  The authority shall adopt rules
    8-3  providing that the equipment may not be financed before the
    8-4  authority receives written proof that the requirements have been
    8-5  satisfied.
    8-6        Sec. 16.  COMMISSION OR OTHER STATE AGENCY TO ACT.  The
    8-7  commission or other state agency involved in acquiring or
    8-8  constructing a building or equipment financed by the issuance of
    8-9  bonds under this Act shall carry out its statutory authority as if
   8-10  the building or equipment were financed by legislative
   8-11  appropriation.  The authority and either the commission or another
   8-12  state agency involved in the acquisition or construction of a
   8-13  building shall adopt a memorandum of understanding that describes
   8-14  the division of responsibility between the authority and the
   8-15  commission or agency.
   8-16        Sec. 17.  STATE LEASE FUND.  (a)  The state lease fund is a
   8-17  dedicated fund in the state treasury.  The fund may be used to
   8-18  deposit appropriations to the commission or other state agency or
   8-19  directly to the authority on behalf of the commission or the state
   8-20  agency for the payment of required rents, fees, and installments to
   8-21  the authority to permit the authority to pay principal and
   8-22  interest, if any, and redemption premium, if any, with respect to
   8-23  any bonds issued by the authority.  Amounts in the fund may be used
   8-24  only for the payment of bonds as described in this subsection.  The
   8-25  interest earned on the investment income deposited in the state
   8-26  lease fund shall be credited to and accounted for in the state
   8-27  lease fund and used to pay debt service on bonds of the authority.
    9-1        (b)  The legislature may transfer funds in the state lease
    9-2  fund to the capital trust fund for other purposes as the
    9-3  legislature determines after all bonds have been duly paid or
    9-4  provided for.
    9-5        (c)  Sections 403.094 and 403.095, Government Code, do not
    9-6  apply to the state lease fund.
    9-7        Sec. 18.  AUTHORITY TO ACT AS ISSUER.  (a)  With respect to
    9-8  all bonds authorized to be issued by the Texas National Guard
    9-9  Armory Board, Texas National Research Laboratory Commission, Parks
   9-10  and Wildlife Department, and all institutions of higher education
   9-11  authorized to issue bonds under Chapter 55, Education Code, the
   9-12  authority has the exclusive authority to act on behalf of those
   9-13  entities in issuing bonds on their behalf.  In connection with
   9-14  those issuances and with the issuance of refunding bonds on behalf
   9-15  of those entities, the authority is subject to all rights, duties,
   9-16  and conditions surrounding issuance applicable to the issuing
   9-17  entity under the statute authorizing the issuance.  All references
   9-18  in an authorizing statute to the entity on whose behalf the bonds
   9-19  are being issued apply to the authority in its capacity as issuer
   9-20  on behalf of the entity.
   9-21        (b)  This section does not apply to The University of Texas
   9-22  System, The Texas A&M University System, or a component of those
   9-23  systems, to an institution of higher education authorized to issue
   9-24  bonds under Section 17, Article VII, Texas Constitution, or to
   9-25  bonds authorized to be issued by any of those systems, components,
   9-26  or institutions.
   9-27        Sec. 19.  EXPENSES FOR CERTAIN COMPUTER EQUIPMENT.  For
   10-1  computer equipment that is the subject of a contingent
   10-2  appropriation under Subchapter B, Chapter 317, Government Code, the
   10-3  principal amount of bonds issued to finance the purchase of the
   10-4  equipment must be sufficient to cover any payments of principal and
   10-5  interest that must occur during the remainder of the biennium after
   10-6  the bonds are issued.
   10-7        Sec. 20.  BOND REVIEW BOARD APPROVAL.  (a)  The authority may
   10-8  not issue bonds unless the bond review board has approved the
   10-9  issuance under Chapter 1078, Acts of the 70th Legislature, Regular
  10-10  Session, 1987 (Article 717k-7, Vernon's Texas Civil Statutes).
  10-11        (b)  Bonds issued by the authority may be refunded as
  10-12  determined by the authority and approved by the bond review board.
  10-13  The projects authorized in Chapter 700, Acts of the 68th
  10-14  Legislature, Regular Session, 1983, are ratified and confirmed.
  10-15        Sec. 21.  PROJECT ANALYSIS.  (a)  When the authority submits
  10-16  its application for approval of an issue of bonds to the bond
  10-17  review board, except as provided by Subsection (b) of this section,
  10-18  the agency or institution that will use the project to be financed
  10-19  by the bonds shall submit to the bond review board a project
  10-20  analysis of the project.  This subsection does not apply to the
  10-21  Texas Department of Criminal Justice's minor renovation, repair, or
  10-22  construction projects as defined by the department in cooperation
  10-23  with the commission.  The project analysis must be in the form
  10-24  required for a project analysis requested from the commission under
  10-25  Section 5.16, State Purchasing and General Services Act (Article
  10-26  601b, Vernon's Texas Civil Statutes).
  10-27        (b)  Instead of the project analysis required by this
   11-1  section, the Texas Department of Criminal Justice must submit to
   11-2  the authority and the bond review board a master plan for
   11-3  construction of corrections facilities.  The plan must be in the
   11-4  form, contain the information, and cover the period prescribed by
   11-5  the bond review board and must be revised at least annually.
   11-6        (c)  The bond review board may not approve the issue of bonds
   11-7  unless a project analysis is submitted as provided by this section.
   11-8        Sec. 22.  FORM OF BONDS.  (a)  The authority may issue bonds
   11-9  in various series or issues.
  11-10        (b)  Bonds may mature serially or otherwise and bear interest
  11-11  at the rate permitted by the constitution and laws of this state.
  11-12        (c)  In an order or resolution authorizing the issuance of
  11-13  bonds, the authority may provide for the flow of funds, including
  11-14  establishing and maintaining various funds.
  11-15        (d)  An order or resolution of the authority for the issuance
  11-16  of bonds may contain other provisions and covenants as determined
  11-17  by the authority.  The bonds may be issued in the form,
  11-18  denominations, and manner and under the terms, conditions, and
  11-19  details provided by the authority in the order or resolution.  The
  11-20  bonds shall be signed and executed as provided in the order or
  11-21  resolution.  The authority may adopt and have executed any other
  11-22  proceedings or instruments necessary and convenient in the issuance
  11-23  of bonds.
  11-24        (e)  The bonds and any interest coupons issued by the
  11-25  authority are investment securities under Chapter 8, Business &
  11-26  Commerce Code, and may be issued registrable as to principal or as
  11-27  to both principal and interest and may be made redeemable before
   12-1  maturity, at the option of the authority, or may contain mandatory
   12-2  redemption provisions.
   12-3        Sec. 23.  AUTHORIZED INVESTMENTS; SECURITY FOR PUBLIC FUNDS.
   12-4  (a)  Bonds issued under this Act are legal and authorized
   12-5  investments for a bank, trust company, savings bank, savings and
   12-6  loan association, insurance company, fiduciary, trustee, or
   12-7  guardian or a sinking fund of a municipality, county, school
   12-8  district, or political subdivision of the state and other public
   12-9  funds of the state and its agencies, including the permanent school
  12-10  fund.
  12-11        (b)  Bonds issued under this Act may secure deposits of
  12-12  public funds of the state, a municipality, a county, a school
  12-13  district, or another political corporation or subdivision of the
  12-14  state.  A bond may provide this security up to its value if
  12-15  accompanied by all unmatured coupons.
  12-16        Sec. 24.  APPROVAL BY ATTORNEY GENERAL; REGISTRATION BY
  12-17  COMPTROLLER.  (a)  The bonds issued by the authority must be
  12-18  submitted to the attorney general for examination.
  12-19        (b)  If the attorney general finds that the bonds have been
  12-20  authorized in accordance with law, the attorney general shall
  12-21  approve the bonds, and the comptroller of public accounts shall
  12-22  register the bonds.
  12-23        (c)  After the approval and registration of the bonds, the
  12-24  bonds are incontestable in any court or other forum for any reason
  12-25  and are valid and binding in accordance with their terms for all
  12-26  purposes.
  12-27        Sec. 25.  REFUNDING BONDS.  The authority may issue bonds to
   13-1  refund all or any part of outstanding bonds issued under this Act,
   13-2  including matured but unpaid interest.
   13-3        Sec. 26.  TAX STATUS OF BONDS.  Bonds issued by the
   13-4  authority, and any interest earnings on the bonds, any transaction
   13-5  relating to the bonds, and profits made in the sale of the bonds,
   13-6  are not subject to taxation by the state or by a city, county,
   13-7  special district, or other political subdivision of the state.
   13-8        Sec. 27.  REVENUE BONDS.  (a)  An order or resolution of the
   13-9  authority authorizing the issuance of revenue bonds may prohibit
  13-10  the issuance of additional revenue bonds payable from the pledged
  13-11  revenues, or the order or resolution may preserve the right of the
  13-12  authority to issue additional revenue bonds on the condition that
  13-13  the additional bonds are on a parity with or subordinate to the
  13-14  lien and pledge of the revenues being used to support the revenue
  13-15  bonds being issued under the order or resolution.  In addition, the
  13-16  authority may make covenants with respect to the revenue bonds, the
  13-17  pledged revenues, and the operation and maintenance of the
  13-18  buildings, equipment, or other projects financed with the proceeds
  13-19  of the revenue bonds.
  13-20        (b)  In recognition that the cost estimates for acquisition,
  13-21  construction, repair, or renovation of a project are not final at
  13-22  the time the project is authorized for financing and that the bonds
  13-23  may be issued to fund associated costs, including reasonably
  13-24  required reserve funds, capitalized interest, administrative costs
  13-25  of the authority, and issuing expenses, the principal amount of any
  13-26  issuance of bonds for that purpose may be in an amount not to
  13-27  exceed one and one-half the amount of the expected cost for the
   14-1  project being financed.  For additional costs to be included in the
   14-2  principal amount, the authority must affirmatively find that the
   14-3  costs are necessary and reasonable at the time the bonds are
   14-4  issued.
   14-5        (c)  Investment income of proceeds that the authority
   14-6  determines is not needed to finance the acquisition, construction,
   14-7  purchase, or lease of buildings, equipment, or another project and
   14-8  that is not required to be rebated to the federal government or
   14-9  used for debt service shall be credited to  and accounted for in
  14-10  the state lease fund and used to pay debt service on bonds of the
  14-11  authority.
  14-12        (d)  The authority may provide for the repayment of the
  14-13  principal of and interest on the revenue bonds issued under this
  14-14  Act from any source of funds lawfully available to the authority.
  14-15        (e)  The appropriate agency shall provide for the payment to
  14-16  the authority under a lease agreement or other agreement adopted in
  14-17  accordance with this Act an amount determined by the authority to
  14-18  be sufficient to:
  14-19              (1)  pay the principal of and interest on the revenue
  14-20  bonds;
  14-21              (2)  maintain any reserve fund necessary to service the
  14-22  debt; and
  14-23              (3)  reimburse the authority for other costs and
  14-24  expenses relating to a project or outstanding bonds.
  14-25        (f)  Each state agency for which revenue bonds have been
  14-26  issued by the authority shall include in its biennial appropriation
  14-27  request to the legislature an amount sufficient to pay the
   15-1  principal of and interest on outstanding revenue bonds issued for
   15-2  the benefit of the agency.
   15-3        (g)  The commission or the appropriate state agency shall
   15-4  establish schedules necessary to properly charge occupying state
   15-5  agencies for the expenses incurred in financing the acquisition or
   15-6  construction of buildings or other projects in accordance with this
   15-7  Act.
   15-8        (h)  Occupying state agencies shall pay to the commission,
   15-9  the appropriate state agency, or directly into the state lease fund
  15-10  the amount determined by the commission when the payments are due.
  15-11  In lieu of the payments, the legislature may, on behalf of
  15-12  occupying state agencies, directly appropriate funds to the state
  15-13  lease fund.
  15-14        (i)  Payments received by the commission or a state agency
  15-15  under this section shall be deposited to the credit of the state
  15-16  lease fund.
  15-17        (j)  The rights of the state agency in property financed by
  15-18  the authority through the issuance of revenue bonds are those of a
  15-19  lessee, and a person claiming under or through the agency may not
  15-20  acquire any greater rights with respect to that property.
  15-21        Sec. 28.  CONVEYANCE OF PROPERTY.  (a)  When the principal of
  15-22  and interest on bonds relating to equipment or a building financed
  15-23  under this Act are paid in full and the equipment or building is
  15-24  free of all liens, the authority shall certify to the commission or
  15-25  the appropriate state agency that rentals, payments, or
  15-26  installments are no longer required to pay the principal of and
  15-27  interest on the bonds.
   16-1        (b)  When making the certification under Subsection (a) of
   16-2  this section, the authority shall, if necessary and for $1, convey
   16-3  the title of the building or equipment, including any involved real
   16-4  property, to the commission or the appropriate state agency.
   16-5        Sec. 29.  PREFERENCE IN LEASING.  Buildings owned by the
   16-6  authority are state-owned space for the purposes of:
   16-7              (1)  Section 6.04, State Purchasing and General
   16-8  Services Act (Article 601b, Vernon's Texas Civil Statutes); and
   16-9              (2)  child-care facility sites located in state-owned
  16-10  buildings under Chapter 663, Government Code, and Articles 4 and 5,
  16-11  State Purchasing and General Services Act (Article 601b, Vernon's
  16-12  Texas Civil Statutes).
  16-13        Sec. 30.  MANNER OF REPAYMENT OF REVENUE BONDS.  (a)  The
  16-14  authority may provide for the payment of the principal of and
  16-15  interest on revenue bonds issued under this Act:
  16-16              (1)  by pledging all or part of the rents, issues,
  16-17  profits, and other revenues derived from leasing a building,
  16-18  equipment, or other project to a state agency either directly or
  16-19  through the commission;
  16-20              (2)  by pledging all or part of the revenues derived
  16-21  from selling equipment or another project on an installment basis
  16-22  to a state agency either directly or through the commission; or
  16-23              (3)  from any other source of funds lawfully available
  16-24  to the authority.
  16-25        (b)  From funds appropriated for paying rental charges or
  16-26  making installment payments on buildings, equipment, or other
  16-27  projects, the commission or an occupying or using state agency
   17-1  shall pay to the authority a rental or make installment payments on
   17-2  the buildings, equipment, or other projects.  The authority shall
   17-3  determine the amount of the rental or installment payments.  The
   17-4  amount must be sufficient to:
   17-5              (1)  pay the principal of and interest on the revenue
   17-6  bonds issued by the authority for the project;
   17-7              (2)  maintain any reserve fund for servicing the
   17-8  revenue bonds; and
   17-9              (3)  reimburse the authority for other costs and
  17-10  expenses incurred by it with respect to the revenue bonds.
  17-11        (c)  When the commission or state agency is required by
  17-12  Subsection (b) of this section to pay a rental to the authority and
  17-13  the commission or state agency depends on receiving a rental from
  17-14  an occupying or using state agency to pay the authority, the
  17-15  commission or state agency shall set the rental in an amount that
  17-16  is sufficient to pay the rental required by the authority.
  17-17        (d)  All lease and installment sale contracts entered into
  17-18  under this Act must be contingent on the appropriation of
  17-19  sufficient funds by the legislature.  If sufficient appropriated
  17-20  funds are not available, the commission or a state agency fails or
  17-21  refuses to pay rentals or installments, or the commission or a
  17-22  state agency fails or refuses to renew a lease contract, the
  17-23  authority may take the action necessary to ensure that the payment
  17-24  of principal of and interest on revenue bonds are continued without
  17-25  interruption.  Permissible actions include the re-leasing or
  17-26  subleasing of buildings or other projects to a state agency or any
  17-27  other entity and the repossession and resale of equipment to a
   18-1  state agency or any other entity.  The authority may also access
   18-2  the state agency's appropriated funds from time to time by issuing
   18-3  vouchers on those funds to the comptroller to transfer funds from
   18-4  accounts of the state agency to the state lease fund for payment of
   18-5  principal of and interest on the revenue bonds.
   18-6        (e)  The authority may lease all or part of a building or
   18-7  other project, the acquisition or construction of which was
   18-8  financed under this Act, to any person or entity when the building
   18-9  or other project cannot be leased to the commission or a state
  18-10  agency.  The authority may determine the terms of the lease.
  18-11        (f)  In addition to other sources of repayment provided by
  18-12  this section, the legislature may direct, by law, that funds in the
  18-13  capital trust fund be used to pay the principal of and interest on
  18-14  revenue bonds issued under this Act for the acquisition and
  18-15  construction of a building, equipment, or other project.  The
  18-16  legislature may also require the deposit into the capital trust
  18-17  fund of all or part of the proceeds of a transaction concerning a
  18-18  building, equipment, or other project.
  18-19        Sec. 31.  STATE DEBT NOT CREATED BY REVENUE BONDS.  (a)
  18-20  Revenue bonds issued under this Act are not debts of the state or
  18-21  any state agency, political corporation, or political subdivision
  18-22  of the state and are not a pledge of the faith and credit of any of
  18-23  those entities.  The revenue bonds are payable solely from revenue
  18-24  as provided by this Act.
  18-25        (b)  A revenue bond must contain on its face a statement to
  18-26  the effect that:
  18-27              (1)  neither the state nor a state agency, political
   19-1  corporation, or political subdivision of the state is obligated to
   19-2  pay the principal of or interest on the bond except as provided by
   19-3  this Act; and
   19-4              (2)  neither the faith and credit nor the taxing power
   19-5  of the state or any state agency, political corporation, or
   19-6  political subdivision of the state is pledged to the payment of the
   19-7  principal of or interest on the bond.
   19-8        Sec. 32.  CERTIFICATION OF RECEIPT OF PROCEEDS.  On the
   19-9  issuance of bonds under this Act, the authority shall certify to
  19-10  the appropriate state agency and to the comptroller that proceeds
  19-11  of the bonds are available.
  19-12        Sec. 33.  SPECIFIC PROJECTS.  (a)  In addition to the
  19-13  buildings that the legislature has previously approved for
  19-14  acquisition or construction, the buildings described by this
  19-15  section are approved for financing in accordance with this Act.
  19-16        (b)  The following projects are approved:
  19-17                          Project                  Estimated Cost
  19-18        1.  Aircraft Maintenance Shop and Office     $2,787,000
  19-19            Facilities in Travis County
  19-20        2.  Cosmetology Commission Building in        1,520,000
  19-21            Travis County
  19-22        3.  Hazardous Materials Testing Laboratory    1,350,000
  19-23            for the Texas Department of
  19-24            Health in Travis County
  19-25        4.  New Warehouse and Renovation of Existing  2,990,000
  19-26            Warehouse for the State Purchasing
  19-27            and General Services Commission in
   20-1            Travis County
   20-2        5.  Purchase and Renovation by the State     10,000,000
   20-3            Purchasing and General Services
   20-4            Commission
   20-5            of real property which is located
   20-6            in, or partially or wholly within
   20-7            1,000 feet of:  the Capitol Complex,
   20-8            Travis County, and the John H.
   20-9            Winters Human Services Complex,
  20-10            Travis County
  20-11        6.  Records and Equipment Warehouse for the   1,538,000
  20-12            State Board of Insurance in Travis
  20-13            County
  20-14        7.  State Board of Insurance Building in     59,937,000
  20-15            Travis County
  20-16        8.  State Data Processing Disaster Recovery   3,011,000
  20-17            Operations Center in Travis County
  20-18        9.  Purchase and Renovation of New            2,000,000
  20-19            Headquarters and Warehouse for
  20-20            State Purchasing and General
  20-21            Services Commission in Travis County
  20-22        10. Purchase and Renovation of an Office     43,500,000
  20-23            Building in Travis County              ____________
  20-24            TOTAL                                  $128,633,000
  20-25        (c)  Notwithstanding the limitations prescribed in this Act
  20-26  relating to the location of buildings for which bonds may be
  20-27  issued, the authority may issue bonds under this Act to finance the
   21-1  renovation of West Building, G. J. Sutton State Office Complex in
   21-2  Bexar County, at an estimated cost of $1,375,000; the construction
   21-3  or purchase and renovation of a building or buildings by the
   21-4  commission in Tarrant County, at an estimated cost of $10 million;
   21-5  the construction or purchase and renovation of a building or
   21-6  buildings by the commission in Harris County, at an estimated cost
   21-7  of $20 million; and the purchase and renovation of a building or
   21-8  buildings by the commission in McLennan County, at an estimated
   21-9  cost of $5 million.  For purposes of this subsection regarding
  21-10  Tarrant and Harris counties, the commission shall, prior to
  21-11  requesting the authority to issue bonds, prepare project analyses
  21-12  for the potential construction projects and subsequent thereto
  21-13  perform an alternative purchase analysis pursuant to the provisions
  21-14  of Section 5.34, State Purchasing and General Services Act (Article
  21-15  601b, Vernon's Texas Civil Statutes).
  21-16        (d)  Regarding Project 5 in Subsection (b) of this section,
  21-17  the legislature finds that there is a continued need for the
  21-18  acquisition of real property located in or in the immediate
  21-19  vicinity of state office building complexes for the continued
  21-20  operation of the government of the state in provision of service to
  21-21  the people of this state; that there are periodic fluctuations in
  21-22  the prices and values of real property; and that the ability of the
  21-23  state to respond to rapidly changing market conditions is necessary
  21-24  in order to acquire real property at substantial savings to the
  21-25  taxpayers.  Therefore, the commission is empowered hereby and in
  21-26  accordance with Project 5 of Subsection (b) of this section to
  21-27  purchase real property identified in that project number and to
   22-1  make contracts necessary to carry out and effectuate the purposes
   22-2  herein stated.  Prior to the purchase of the property, the
   22-3  commission must determine that the purchase would be in the state's
   22-4  best interest.
   22-5        Sec. 34.  PURCHASE AND RENOVATION OF TEXAS EMPLOYMENT
   22-6  COMMISSION PROPERTY.  (a)  The Texas Employment Commission shall
   22-7  sell to the commission office buildings and parking facilities in
   22-8  its possession in or near the Capitol Complex, and the commission
   22-9  shall purchase and renovate the buildings and parking facilities,
  22-10  at an estimated cost of $46 million.  The purchase and renovation
  22-11  is approved for financing in accordance with this Act and bonds may
  22-12  be issued to finance the purchase and renovation in accordance with
  22-13  this Act.
  22-14        (b)  After the office buildings have been acquired, the
  22-15  commission may, from funds made available by the authority,
  22-16  renovate the facilities as necessary for occupancy in accordance
  22-17  with the allocation of space within the building made under
  22-18  Subsection (c) of this section.  In negotiating the price for the
  22-19  Texas Employment Commission facilities, the commission shall
  22-20  consider the cost to the Texas Employment Commission of alternative
  22-21  space outside the Capitol Complex.  The commission shall also
  22-22  consider the price in the context of the reasonable rates that
  22-23  might otherwise be paid by prospective occupying state agencies for
  22-24  rent in comparable space.
  22-25        (c)  The space in that office building and parking facilities
  22-26  is allocated to the legislature and legislative agencies for their
  22-27  use.  The presiding officers of each house of the legislature shall
   23-1  jointly decide the allocation of the space within the buildings and
   23-2  facilities.
   23-3        Sec. 35.  GENERAL OBLIGATION BONDS.  (a)  The authority may
   23-4  issue up to $500 million in general obligation bonds and distribute
   23-5  the proceeds of those bonds to appropriate agencies for use for
   23-6  acquiring, constructing, or equipping new facilities or for major
   23-7  repair or renovation of existing facilities, corrections
   23-8  institutions, including youth corrections institutions, and mental
   23-9  health and mental retardation institutions.
  23-10        (b)  The authority may issue up to $400 million in general
  23-11  obligation bonds, in addition to the amount authorized by
  23-12  Subsection (a) of this section, and distribute the proceeds of
  23-13  those bonds to appropriate agencies for the same uses as authorized
  23-14  by Subsection (a) of this section and to the Department of Public
  23-15  Safety for the purchase, repair, and renovation of the Austin
  23-16  Independent School District administration building adjacent to the
  23-17  Department of Public Safety state headquarters, for the purpose of
  23-18  expanding the department's state headquarters' central office
  23-19  building.
  23-20        (c)  The authority may issue up to $1.055 billion in general
  23-21  obligation bonds, in addition to the amounts authorized by
  23-22  Subsections (a) and (b) of this section, and distribute the
  23-23  proceeds of those bonds to appropriate agencies for use for
  23-24  acquiring, constructing, or equipping new prisons and substance
  23-25  abuse felony punishment facilities to confine criminals and youth
  23-26  corrections institutions, for major repair or renovation of
  23-27  existing prison facilities and youth corrections institutions, and
   24-1  for the acquisition of, major repair to, or renovation of other
   24-2  facilities for use as state prisons, substance abuse felony
   24-3  punishment facilities, or facilities in which pilot programs
   24-4  established as provided by Section 614.011, Health and Safety Code,
   24-5  are conducted.
   24-6        (d)  The authority may issue up to $1 billion in general
   24-7  obligation bonds, in addition to amounts authorized by Subsections
   24-8  (a), (b), and (c) of this section, and distribute the proceeds of
   24-9  those bonds to appropriate agencies for use for acquiring,
  24-10  constructing, or equipping new facilities or for major repair or
  24-11  renovation of existing facilities of corrections institutions,
  24-12  including youth corrections institutions, and mental health and
  24-13  mental retardation institutions.
  24-14        (e)  The authority shall make a good faith effort to use
  24-15  historically underutilized businesses to assist in the issuance of
  24-16  at least 30 percent of the total value of the bonds authorized by
  24-17  Subsection (d) of this section.  The authority shall report to the
  24-18  legislature and the governor on the level of historically
  24-19  underutilized business participation in the issuance of those
  24-20  bonds.  In this subsection, "historically underutilized business"
  24-21  means a business entity formed for the purpose of making a profit
  24-22  of which at least 51 percent is owned by one or more persons who
  24-23  are socially disadvantaged because of their identification as
  24-24  members of certain groups, including women, African Americans,
  24-25  Hispanic Americans, Native Americans, and Asian Americans, who have
  24-26  suffered the effects of discriminatory practices or similar
  24-27  insidious circumstances over which they have no control, or in
   25-1  which at least 51 percent of all classes of the shares of stock or
   25-2  other equitable securities is owned by one or more persons who are
   25-3  socially disadvantaged because of their identification as members
   25-4  of certain groups, including women, African Americans, Hispanic
   25-5  Americans, Native Americans, and Asian Americans, who have suffered
   25-6  the effects of discriminatory practices or similar insidious
   25-7  circumstances over which they have no control.  Those persons who
   25-8  own at least 51 percent of all classes of the shares of stock or
   25-9  other equitable securities must have proportionate interest in the
  25-10  control, operation, and management of the corporation's affairs.
  25-11        (f)  The proceeds of bonds may be used to refinance an
  25-12  existing obligation for a purpose described by Subsections (a)-(d)
  25-13  of this section.  The authority may issue general obligation bonds
  25-14  authorized under Subsection (a) or (b) of this section to refund
  25-15  revenue bonds issued under this Act.
  25-16        (g)  The authority may issue up to $45 million in general
  25-17  obligation bonds, in addition to the amounts authorized by
  25-18  Subsections (a)-(d) of this section, and distribute the proceeds of
  25-19  those bonds to appropriate agencies for use in acquiring,
  25-20  constructing, or equipping new mental health or mental retardation
  25-21  facilities, including community-based facilities, or for major
  25-22  repair or renovation of mental health or mental retardation
  25-23  facilities.  The proceeds may be used to refinance an existing
  25-24  obligation for a purpose described in this subsection.  The
  25-25  authority may issue general obligation bonds authorized under this
  25-26  section to refund revenue bonds issued under this Act.
  25-27        (h)  The authority may issue up to $50 million in general
   26-1  obligation bonds, in addition to the amounts authorized by
   26-2  Subsections (a)-(d) of this section, and distribute the proceeds of
   26-3  those bonds to appropriate agencies for acquiring, constructing, or
   26-4  equipping new youth corrections facilities or for major repair or
   26-5  renovation of existing youth corrections facilities.
   26-6        (i)  The bonds authorized by this section may be issued at a
   26-7  rate of interest, according to the terms, and in a form determined
   26-8  by the authority.
   26-9        (j)  The authority by rule shall establish guidelines,
  26-10  criteria, and procedures for distributions of proceeds of bonds.
  26-11        (k)  The authority shall provide an accurate estimate of
  26-12  interest and sinking fund balances available for payment of debt
  26-13  service on general obligation bonds to the Legislative Budget Board
  26-14  and the Governor's Office of Budget and Planning not later than
  26-15  January 1 of each odd-numbered year.
  26-16        Sec. 36.  ISSUANCE OF OBLIGATIONS FOR ALTERNATIVE FUELS
  26-17  PROJECTS.  (a)  The authority may, if it determines that a project
  26-18  is financially viable and sufficient revenue is or will be
  26-19  available, issue and sell obligations for the financing of:
  26-20              (1)  the conversion of state agency vehicles and other
  26-21  sources of substantial energy output to alternative fuels under
  26-22  Section 3.29, State Purchasing and General Services Act (Article
  26-23  601b, Vernon's Texas Civil Statutes);
  26-24              (2)  the construction, acquisition, or maintenance by
  26-25  the General Services Commission of fueling stations supplying
  26-26  alternative fuels or equipment enhancing the use of engine-driven
  26-27  technology to support state agency vehicles and other energy
   27-1  applications that use alternative fuels;
   27-2              (3)  the conversion of school district motor vehicles
   27-3  and other sources of substantial energy output to alternative fuels
   27-4  under Section 21.174, Education Code;
   27-5              (4)  the construction, acquisition, or maintenance by a
   27-6  school district of fueling stations supplying alternative fuels or
   27-7  equipment enhancing the use of engine-driven technology to support
   27-8  school district motor vehicles and other energy applications that
   27-9  use alternative fuels;
  27-10              (5)  the conversion of local mass transit authority or
  27-11  department motor vehicles and other sources of substantial energy
  27-12  output to alternative fuels under Section 14, Chapter 141, Acts of
  27-13  the 63rd Legislature, Regular Session, 1973 (Article 1118x,
  27-14  Vernon's Texas Civil Statutes); Section 20, Chapter 683, Acts of
  27-15  the 66th Legislature, 1979 (Article 1118y, Vernon's Texas Civil
  27-16  Statutes); and Section 6, Article 1118z, Revised Statutes;
  27-17              (6)  the construction, acquisition, or maintenance of
  27-18  fueling stations supplying alternative fuels or equipment enhancing
  27-19  the use of engine-driven technology by a local mass transit
  27-20  authority or department to support transit authority or department
  27-21  vehicles and other energy applications that use alternative fuels;
  27-22  and
  27-23              (7)  a joint venture between the private sector and a
  27-24  state agency or political subdivision that is required under law to
  27-25  use alternative fuels in the agency's or subdivision's vehicles or
  27-26  other energy applications to:
  27-27                    (A)  convert vehicles or other sources of
   28-1  substantial energy output to alternative fuels;
   28-2                    (B)  develop fueling stations and resources for
   28-3  the supply of alternative fuels and engine-driven applications;
   28-4                    (C)  aid in the distribution of alternative
   28-5  fuels; and
   28-6                    (D)  engage in other projects to facilitate the
   28-7  use of alternative fuels.
   28-8        (b)  The authority may issue and sell not more than $50
   28-9  million in obligations for projects under this section.
  28-10        (c)  The board may provide for the payment of the principal
  28-11  of or interest on the bonds and obligations issued under this
  28-12  section:
  28-13              (1)  by pledging all or a part of the revenue the state
  28-14  derives from the sale of alternative fuels, alternative fuels
  28-15  equipment or technology, or vehicles powered by alternative fuels;
  28-16              (2)  by contracting with a political subdivision or a
  28-17  private entity to pledge revenue the political subdivision or
  28-18  private entity derives from the sale of alternative fuels,
  28-19  alternative fuels equipment or technology, or vehicles powered by
  28-20  alternative fuels in an amount sufficient to ensure that the bonds
  28-21  or obligations are paid;
  28-22              (3)  by pledging appropriated general revenues of the
  28-23  state or other appropriated money in the state treasury; or
  28-24              (4)  from any other source of funds available to the
  28-25  board.
  28-26        (d)  The authority shall attempt to include minority-owned
  28-27  businesses in the issuance and underwriting of at least 20 percent
   29-1  of the bonds and obligations issued under this section and
   29-2  women-owned businesses in the issuance and underwriting of at least
   29-3  10 percent of the bonds and obligations issued under this section.
   29-4        (e)  The alternative fuels council shall evaluate an
   29-5  application under this section by an eligible entity for the
   29-6  financing of the acquisition, construction, or improvement of
   29-7  alternative fuels infrastructure and shall determine whether the
   29-8  proposed project will increase energy or cost savings to the
   29-9  applicant.  A bond or other obligation may not be issued under
  29-10  Subsection (a) of this section unless the alternative fuels council
  29-11  certifies that the proposed project will increase energy or cost
  29-12  savings to the applicant.  The alternative fuels council may by
  29-13  rule adopt procedures and standards for the evaluation of an
  29-14  application for financing of a proposed project under this section.
  29-15        (f)  Costs of administration of the alternative fuels finance
  29-16  program shall be considered a part of project costs and shall be
  29-17  funded with bond proceeds.  <Sec. 1.  SHORT TITLE.  This Act may be
  29-18  cited as the Texas Public Finance Authority Act.>
  29-19        <Sec. 1A.  DEFINITIONS.  In this Act:>
  29-20              <(1)  "Authority" means the Texas Public Finance
  29-21  Authority.>
  29-22              <(2)  "Board" means the board of directors of the
  29-23  authority.>
  29-24              <(3)  "Building" means the physical structure used by a
  29-25  state agency to conduct official state business and the major
  29-26  equipment or personal property that is functionally related to the
  29-27  physical structure.>
   30-1              <(4)  "Commission" means the State Purchasing and
   30-2  General Services Commission.>
   30-3              <(5)  "Computer equipment" means telecommunications
   30-4  devices or systems, automated information systems, the computers on
   30-5  which information systems are automated, and computer software.>
   30-6              <(6)  "Construction" means the erection, improvement,
   30-7  repair, renovation, and remodeling of a building.>
   30-8              <(7)  "Equipment" means fixed assets, other than land
   30-9  or buildings, used by a state agency to conduct official state
  30-10  business.  The term includes computer equipment.>
  30-11              <(8)  "Obligations" means bonds, notes, certificates of
  30-12  participation, certificates of obligation, and interests in
  30-13  contracts.>
  30-14              <(9)  "State agency" means a board, commission,
  30-15  department, office, agency, institution of higher education, or
  30-16  other governmental entity in the executive, judicial, or
  30-17  legislative branch of state government.>
  30-18        <Sec. 2.  PURPOSE.  The purpose of this Act is to provide a
  30-19  method of financing:>
  30-20              <(1)  for the acquisition or construction of buildings
  30-21  in Travis County, Texas; and>
  30-22              <(2)  for the purchase or lease of equipment by state
  30-23  agencies in the executive or judicial branch of state government.>
  30-24        <Sec. 3.  PUBLIC FINANCE AUTHORITY.  The Texas Public Finance
  30-25  Authority is established as a public authority and body politic and
  30-26  corporate.>
  30-27        <Sec. 4.  COMPOSITION OF GOVERNING BOARD.  The authority is
   31-1  governed by a board of directors composed of six members appointed
   31-2  by the governor with the advice and consent of the senate.>
   31-3        <Sec. 5.  TERMS.  Members of the board are appointed for
   31-4  staggered terms of six years with two members' terms expiring on
   31-5  February 1 of each odd-numbered year.>
   31-6        <Sec. 6.  OFFICERS; QUORUM; MEETINGS.  (a)  The governor
   31-7  biennially shall appoint a chairman from the board's members.  The
   31-8  board biennially shall elect a vice-chairman from its members.>
   31-9        <(b)  A majority of the full membership of the board
  31-10  constitutes a quorum.>
  31-11        <(c)  The board shall meet at least once in each quarter of
  31-12  the calendar year and shall meet at other times at the call of the
  31-13  chairman or as prescribed by a rule of the board.>
  31-14        <Sec. 7.  COMPENSATION AND EXPENSES.  A member of the board
  31-15  is entitled to:>
  31-16              <(1)  a per diem of $50, unless otherwise specified in
  31-17  the General Appropriations Act, for each day the member performs
  31-18  functions as a member of the board; and>
  31-19              <(2)  reimbursement for the actual and necessary
  31-20  expenses that the member incurs in performing those functions.>
  31-21        <Sec. 8.  STAFF.  The board shall employ persons and contract
  31-22  with consultants as necessary for the board to perform its
  31-23  functions.  Employees of the board are considered to be state
  31-24  employees.>
  31-25        <Sec. 9.  ISSUANCE OF BONDS.  (a)  The board may issue and
  31-26  sell bonds in the name of the authority to finance projects that
  31-27  consist of the acquisition or construction of buildings in Travis
   32-1  County, Texas.  Upon receiving a request described in Section 5.34,
   32-2  State Purchasing and General Services Act (Article 601b, Vernon's
   32-3  Texas Civil Statutes), the board may issue bonds in amounts up to
   32-4  the previously authorized amount of bonds plus five percent of the
   32-5  acquisition cost of the property, all as described in the request.>
   32-6        <(b)  When the acquisition or construction of a building has
   32-7  been authorized in accordance with this Act or under Section 5.34
   32-8  or 5.342, State Purchasing and General Services Act (Article 601b,
   32-9  Vernon's Texas Civil Statutes), the board shall promptly issue and
  32-10  sell bonds in the name of the authority under this Act, including
  32-11  Sections 10B and 16 of this Act, to finance the acquisition or
  32-12  construction of the building.  When the proceeds from the bond
  32-13  issuance are available, the board shall promptly deposit the
  32-14  proceeds in the state treasury under Section 23 of this Act and
  32-15  shall promptly make the determinations that are to be made by the
  32-16  board under Section 23 of this Act.>
  32-17        <(c)  The commission or other state agency involved in
  32-18  acquiring or constructing a building financed by the issuance of
  32-19  bonds under this Act shall carry out its statutory authority as if
  32-20  the building were financed by legislative appropriation.  The board
  32-21  and either the commission or another state agency involved in the
  32-22  acquisition or construction of a building shall adopt a memorandum
  32-23  of understanding that defines the division of authority between the
  32-24  board and the commission or agency.>
  32-25        <Sec. 9A.  ISSUANCE OF OBLIGATIONS FOR EQUIPMENT.  (a)  The
  32-26  authority may issue and sell obligations for the financing of a
  32-27  lease or other agreement so long as the agreement concerns
   33-1  equipment that a state agency in the executive or judicial branch
   33-2  of state government has purchased or leased or intends to purchase
   33-3  or lease.  The authority's power to issue obligations includes the
   33-4  power to issue and sell obligations for the financing of a package
   33-5  of agreements involving one or more state agencies.>
   33-6        <(b)  The obligations issued by the authority shall be
   33-7  payable pursuant to an agreement that may be in the nature of:>
   33-8              <(1)  a lease under which the authority leases
   33-9  equipment from a vendor for sublease to the commission or a state
  33-10  agency;>
  33-11              <(2)  a purchase by the authority of equipment and the
  33-12  lease of that equipment either directly to the commission for the
  33-13  benefit of a state agency or directly to a state agency;>
  33-14              <(3)  a purchase by the authority of equipment and the
  33-15  sale of that equipment to a state agency on an installment payment
  33-16  basis; or>
  33-17              <(4)  any similar agreement.>
  33-18        <(c)  If an agreement is between the authority and a state
  33-19  agency or between a vendor and a state agency, the commission shall
  33-20  nevertheless perform its functions as purchasing agent for the
  33-21  state with the funds obtained pursuant to this section being used
  33-22  solely for the purpose of financing the agreement.  The board and
  33-23  the commission shall adopt a memorandum of understanding that
  33-24  defines the division of authority between the board and the
  33-25  commission.>
  33-26        <(d)  State agencies are authorized to enter into the types
  33-27  of contracts and agreements delineated in this section for the
   34-1  purpose of purchasing or leasing necessary equipment.  If a law
   34-2  requires a state agency to obtain the approval of another state
   34-3  agency or perform any other act before a state agency may purchase
   34-4  or lease computer equipment, then those requirements must be
   34-5  satisfied before an agency may enter into a contract or agreement
   34-6  under this Act.  The authority shall promulgate rules so that the
   34-7  equipment may not be financed before the authority receives written
   34-8  proof that the requirements have been satisfied.>
   34-9        <Sec. 9B.  AUTHORITY TO ACT AS ISSUER.  (a)  With respect to
  34-10  all bonds authorized to be issued by the Texas National Guard
  34-11  Armory Board, Texas National Research Laboratory Commission, Parks
  34-12  and Wildlife Department, and all institutions of higher education
  34-13  authorized to issue bonds under Chapter 55, Education Code, the
  34-14  authority has the exclusive authority to act on behalf of those
  34-15  entities in issuing bonds on their behalf.  In connection with
  34-16  those issuances and with the issuance of refunding bonds on behalf
  34-17  of those entities, the authority is subject to all rights, duties,
  34-18  and conditions surrounding issuance previously applicable to the
  34-19  issuing entity under the statute authorizing the issuance.  All
  34-20  references in an authorizing statute to the entity on whose behalf
  34-21  the bonds are being issued apply equally to the authority in its
  34-22  capacity as issuer on behalf of the entity.>
  34-23        <(b)  This section does not apply to The University of Texas
  34-24  System, The Texas A&M University System, or a component of those
  34-25  systems, to an institution of higher education authorized to issue
  34-26  bonds under Article VII, Section 17, of the Texas Constitution, or
  34-27  to bonds authorized to be issued by any of those systems,
   35-1  components, or institutions.>
   35-2        <Sec. 9C.  ISSUANCE OF OBLIGATIONS FOR ALTERNATIVE FUELS
   35-3  PROJECTS.  (a)  The authority may, if it determines that a project
   35-4  is financially viable and sufficient revenue is or will be
   35-5  available, issue and sell obligations for the financing of:>
   35-6              <(1)  the conversion of state agency vehicles and other
   35-7  sources of substantial energy output to alternative fuels under
   35-8  Section 3.29, State Purchasing and General Services Act (Article
   35-9  601b, Vernon's Texas Civil Statutes), and its subsequent
  35-10  amendments;>
  35-11              <(2)  the construction, acquisition, or maintenance by
  35-12  the General Services Commission of fueling stations supplying
  35-13  alternative fuels or equipment enhancing the use of engine-driven
  35-14  technology to support state agency vehicles and other energy
  35-15  applications that use alternative fuels;>
  35-16              <(3)  the conversion of school district motor vehicles
  35-17  and other sources of substantial energy output to alternative fuels
  35-18  under Section 21.174, Education Code, and its subsequent
  35-19  amendments;>
  35-20              <(4)  the construction, acquisition, or maintenance by
  35-21  a school district of fueling stations supplying alternative fuels
  35-22  or equipment enhancing the use of engine-driven technology to
  35-23  support school district motor vehicles and other energy
  35-24  applications that use alternative fuels;>
  35-25              <(5)  the conversion of local mass transit authority or
  35-26  department motor vehicles and other sources of substantial energy
  35-27  output to alternative fuels under Section 14, Chapter 141, Acts of
   36-1  the 63rd Legislature, Regular Session, 1973 (Article 1118x,
   36-2  Vernon's Texas Civil Statutes), Section 20, Chapter 683, Acts of
   36-3  the 66th Legislature, 1979 (Article 1118y, Vernon's Texas Civil
   36-4  Statutes), and Section 6, Article 1118z, Revised Statutes, and
   36-5  their subsequent amendments;>
   36-6              <(6)  the construction, acquisition, or maintenance of
   36-7  fueling stations supplying alternative fuels or equipment enhancing
   36-8  the use of engine-driven technology by a local mass transit
   36-9  authority or department to support transit authority or department
  36-10  vehicles and other energy applications that use alternative fuels;
  36-11  and>
  36-12              <(7)  a joint venture between the private sector and a
  36-13  state agency or political subdivision that is required under law to
  36-14  use alternative fuels in the agency's or subdivision's vehicles or
  36-15  other energy applications to:>
  36-16                    <(A)  convert vehicles or other sources of
  36-17  substantial energy output to alternative fuels;>
  36-18                    <(B)  develop fueling stations and resources for
  36-19  the supply of alternative fuels and engine-driven applications;>
  36-20                    <(C)  aid in the distribution of alternative
  36-21  fuels; and>
  36-22                    <(D)  engage in other projects to facilitate the
  36-23  use of alternative fuels.>
  36-24        <(b)  The authority may not issue and sell more than $50
  36-25  million in obligations for projects under this section.>
  36-26        <(c)  The board may provide for the payment of the principal
  36-27  of or interest on the bonds and obligations issued under this
   37-1  section:>
   37-2              <(1)  by pledging all or a part of the revenue the
   37-3  state derives from the sale of alternative fuels, alternative fuels
   37-4  equipment or technology, or vehicles powered by alternative fuels;>
   37-5              <(2)  by contracting with a political subdivision or a
   37-6  private entity to pledge revenue the political subdivision or
   37-7  private entity derives from the sale of alternative fuels,
   37-8  alternative fuels equipment or technology, or vehicles powered by
   37-9  alternative fuels in an amount sufficient to ensure that the bonds
  37-10  or obligations are paid;>
  37-11              <(3)  by pledging appropriated general revenues of the
  37-12  state or other appropriated money in the state treasury; or>
  37-13              <(4)  from any other source of funds available to the
  37-14  board.>
  37-15        <(d)  The authority shall attempt to include minority-owned
  37-16  businesses in the issuance and underwriting of at least 20 percent
  37-17  of the bonds and obligations issued under this section and
  37-18  women-owned businesses in the issuance and underwriting of at least
  37-19  10 percent of the bonds and obligations issued under this section.>
  37-20        <(e)  The Alternative Fuels Council shall evaluate an
  37-21  application under this section by an eligible entity for the
  37-22  financing of the acquisition, construction, or improvement of
  37-23  alternative fuels infrastructure and shall determine whether the
  37-24  proposed project will increase energy or cost savings to the
  37-25  applicant.  A bond or other obligation may not be issued under
  37-26  Subsection (a) of this section unless the Alternative Fuels Council
  37-27  certifies that the proposed project will increase energy or cost
   38-1  savings to the applicant.  The Alternative Fuels Council may by
   38-2  rule adopt procedures and standards for the evaluation of an
   38-3  application for financing of a proposed project under this section.>
   38-4        <(f)  Costs of administration of the alternative fuels
   38-5  finance program shall be considered a part of project costs and
   38-6  shall be funded with bond proceeds.>
   38-7        <Sec. 10.  APPROVAL REQUIRED.  (a)  Before the board may
   38-8  issue and sell bonds under the authority of Section 9 of this Act,
   38-9  the legislature, by law, must have specifically authorized:>
  38-10              <(1)  the acquisition or construction of the building
  38-11  for which the bonds are to be issued and sold; and>
  38-12              <(2)  the estimated cost of the acquisition or
  38-13  construction of the building or the maximum amount of bonded
  38-14  indebtedness that may be incurred by the issuance and sale of the
  38-15  bonds.>
  38-16        <(a)  Except as permitted by Sections 24A(b)(5) and 24A(d) of
  38-17  this Act or Section 5.34 or 5.342, State Purchasing and General
  38-18  Services Act (Article 601b, Vernon's Texas Civil Statutes), before
  38-19  the board may issue and sell bonds, the legislature by law must
  38-20  have authorized in this Act, the General Appropriations Act, or
  38-21  another Act the specific project for which the bonds are to be
  38-22  issued and sold and must have authorized the estimated cost of the
  38-23  project or the maximum amount of bonded indebtedness that may be
  38-24  incurred by the issuance and sale of bonds for the project.  In
  38-25  recognition that the cost estimates for acquisition, construction,
  38-26  repair, or renovation of a project will not be final at the time
  38-27  the project is authorized for financing and that the bonds may be
   39-1  issued to fund associated costs, including but not limited to
   39-2  reasonably required reserve funds, capitalized interest,
   39-3  administrative costs of the authority, and issuing expenses, the
   39-4  principal amount of any bond issue for that purpose may be up to
   39-5  1-1/2 the amount of the estimated cost for the project being
   39-6  financed.  For additional costs to be included in that principal
   39-7  amount, the board must affirmatively find that those costs are
   39-8  necessary and reasonable at the time the bonds are issued.>
   39-9        <(b)  This section does not apply to the extent that Section
  39-10  5.34, State Purchasing and General Services Act (Article 601b,
  39-11  Vernon's Texas Civil Statutes), authorizes the issuance of bonds.>
  39-12        <Sec. 10A.  EXPENSES INCLUDED IN PRINCIPAL AMOUNT.  (a)  The
  39-13  principal amount of bonds may be inclusive of required reserve
  39-14  funds, capitalized interest, the authority's administrative costs,
  39-15  issuing expenses, and other expenses associated with the
  39-16  authority's issuance and sale of those bonds.>
  39-17        <(b)  The principal amount of obligations may be inclusive of
  39-18  required reserve funds, capitalized interest, the authority's
  39-19  administrative costs, issuing expenses, and other expenses
  39-20  associated with the authority's issuance and sale of those
  39-21  obligations.  For computer equipment that is the subject of a
  39-22  contingent appropriation under Subchapter B, Chapter 317,
  39-23  Government Code, the principal amount of obligations issued to
  39-24  finance the purchase of that equipment shall be sufficient to cover
  39-25  any payments of principal and interest that must occur during the
  39-26  remainder of the biennium after the obligations are issued.>
  39-27        <(c)  In recognition of the expenses specified in Subsections
   40-1  (a) and (b) of this section and the fact that cost estimates
   40-2  frequently are not final when the legislature authorizes the
   40-3  acquisition or construction of a building, the principal amount of
   40-4  any bond issue or issuance of obligations may be up to 1 1/2  times
   40-5  the estimated cost of the building being acquired or constructed or
   40-6  the equipment being leased or purchased.  However, before
   40-7  additional expenses may be included in determining the principal
   40-8  amount, the board must affirmatively find that those expenses are
   40-9  necessary and reasonable.>
  40-10        <Sec. 10A.  PROJECT ANALYSIS.  (a)  When the authority
  40-11  submits its application for approval of a bond issue to the bond
  40-12  review board, the agency or institution that will use the project
  40-13  to be financed by the bonds shall submit to the bond review board a
  40-14  project analysis of the project.  This section shall not apply to
  40-15  Texas Department of Correction's minor renovation, repair, or
  40-16  construction projects as defined by the department in cooperation
  40-17  with the State Purchasing and General Services Commission.>
  40-18        <(b)  The project analysis must be in the form required for a
  40-19  project analysis requested from the State Purchasing and General
  40-20  Services Commission under Section 5.16, State Purchasing and
  40-21  General Services Act (Article 601b, Vernon's Texas Civil Statutes).
  40-22  Instead of the project analysis required by this section, the Texas
  40-23  Department of Corrections may substitute the master plan required
  40-24  to be submitted by Section 3, Chapter 696, Acts of the 70th
  40-25  Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
  40-26  Civil Statutes), if the master plan contains information
  40-27  substantially equivalent to the information required to be in a
   41-1  project analysis under Section 5.16, State Purchasing and General
   41-2  Services Act (Article 601b, Vernon's Texas Civil Statutes).>
   41-3        <(c)  The bond review board may not approve the bond issue
   41-4  unless a project analysis is submitted as provided by this section.>
   41-5        <Sec. 10B.  BOND REVIEW BOARD APPROVAL.  (a)  The authority
   41-6  may not issue bonds or obligations until the Bond Review Board has
   41-7  approved the issuance under the provisions of Chapter 1078, Acts of
   41-8  the 70th Legislature, Regular Session, 1987 (Article 717k-7,
   41-9  Vernon's Texas Civil Statutes).  Bonds and obligations issued by
  41-10  the authority may be refunded or refinanced as determined by the
  41-11  board and approved by the Bond Review Board.>
  41-12        <(b)  The projects authorized in Chapter 700, Acts of the
  41-13  68th Legislature, Regular Session, 1983, are ratified and
  41-14  confirmed.>
  41-15        <Sec. 11.  SCOPE OF POWER.  (a)  The board's authority under
  41-16  this Act is limited to the financing of the acquisition or
  41-17  construction of a building or the purchase or lease of equipment.
  41-18  That authority does not affect the authority of the commission or
  41-19  any other state agency.>
  41-20        <(b)  Buildings and equipment financed by the authority
  41-21  pursuant to this Act shall not become part of other property to
  41-22  which they may be attached or affixed or into which they may be
  41-23  incorporated, regardless of whether the other property is real or
  41-24  personal.>
  41-25        <Sec. 12.  MANNER OF REPAYMENT OF BONDS.  (a)  The board may
  41-26  provide for the payment of the principal of and interest on the
  41-27  bonds and obligations issued under this Act:>
   42-1              <(1)  by pledging all or part of the rents, issues,
   42-2  profits, and other revenues derived from leasing a building or
   42-3  equipment to a state agency either directly or through the
   42-4  commission;>
   42-5              <(2)  by pledging all or part of the revenues derived
   42-6  from selling equipment on an installment basis to a state agency
   42-7  either directly or through the commission; or>
   42-8              <(3)  from any other source of funds lawfully available
   42-9  to the board.>
  42-10        <(b)  From funds appropriated for paying rental charges or
  42-11  making installment payments on buildings or equipment, either the
  42-12  commission or an occupying or using state agency shall pay to the
  42-13  board a rental or make installment payments on the buildings or
  42-14  equipment.  The amount of the rental or installment payments shall
  42-15  be determined by the board.  However, the amount must be sufficient
  42-16  to:>
  42-17              <(1)  pay the principal of and interest on the bonds or
  42-18  obligations;>
  42-19              <(2)  maintain any reserve fund required for servicing
  42-20  the bonds or obligations; and>
  42-21              <(3)  reimburse the authority for other costs and
  42-22  expenses incurred by it with respect to the bonds or obligations.>
  42-23        <(c)  When the commission or a state agency is required by
  42-24  Subsection (b) of this section to pay a rental to the authority and
  42-25  the commission or state agency depends upon receiving a rental from
  42-26  an occupying or using state agency in order to pay the authority,
  42-27  the commission or state agency shall set the rental in an amount
   43-1  that is sufficient to pay the rental required by the board.>
   43-2        <(d)  All lease and installment sale contracts entered into
   43-3  under this Act shall be contingent upon the legislature's
   43-4  appropriation of sufficient funds.  If sufficient appropriated
   43-5  funds are unavailable, the commission or a state agency fails or
   43-6  refuses to pay rentals or installments, or the commission or a
   43-7  state agency fails or refuses to renew a lease contract, the board
   43-8  may take whatever action is necessary to ensure that the payment of
   43-9  principal and interest on bonds or obligations are continued
  43-10  without interruption.  Permissible actions include, but are not
  43-11  limited to, the re-leasing or subleasing of buildings or equipment
  43-12  to a state agency or any other entity and the repossession and
  43-13  resale of equipment to a state agency or any other entity.>
  43-14        <(e)  The board may lease all or part of a building, the
  43-15  acquisition or construction of which was financed under this Act,
  43-16  to any person or entity when the building cannot be leased to the
  43-17  commission or a state agency.  The board may determine the terms of
  43-18  such a lease.>
  43-19        <(f)  In addition to other sources of repayment provided by
  43-20  this section, the legislature may direct, by law, that funds in the
  43-21  capital trust fund be used to pay the principal and interest on
  43-22  bonds issued under this Act for the acquisition or construction of
  43-23  a building.  In addition, the legislature may require the deposit
  43-24  into the capital trust fund of all or part of the proceeds of a
  43-25  transaction concerning a building.>
  43-26        <Sec. 13.  STATE DEBT NOT CREATED.  (a)  Bonds and
  43-27  obligations issued under this Act are not debts of the state or any
   44-1  state agency, political corporation, or political subdivision of
   44-2  the state and are not a pledge of the faith and credit of any of
   44-3  them.  The bonds are payable solely from revenue as provided by
   44-4  this Act.>
   44-5        <(b)  The bonds or obligations must contain on their face a
   44-6  statement to the effect that:>
   44-7              <(1)  neither the state nor a state agency, political
   44-8  corporation, or political subdivision of the state is obligated to
   44-9  pay the principal of or interest on the bonds or obligations except
  44-10  as provided by this Act; and>
  44-11              <(2)  neither the faith and credit nor the taxing power
  44-12  of the state or any state agency, political corporation, or
  44-13  political subdivision of the state is pledged to the payment of the
  44-14  principal of or interest on the bonds or obligations.>
  44-15        <Sec. 14.  FORM OF BONDS.  (a)  The board may issue bonds and
  44-16  obligations in various series or issues.>
  44-17        <(b)  Bonds and obligations may mature serially or otherwise
  44-18  and shall bear interest at the rate permitted by the constitution
  44-19  and laws of the state.>
  44-20        <(c)  The bonds, obligations, and interest coupons, if any,
  44-21  are investment securities under the terms of Chapter 8 of the
  44-22  Business & Commerce Code and may be issued registrable as to
  44-23  principal or as to both principal and interest and may be made
  44-24  redeemable before maturity, at the option of the board, or may
  44-25  contain a mandatory redemption provision.>
  44-26        <(d)  The bonds and obligations may be issued in the form,
  44-27  denominations, and manner and under the terms, conditions, and
   45-1  details provided by the board in the order or resolution
   45-2  authorizing their issuance.  The bonds and obligations shall be
   45-3  signed and executed as provided in that resolution or order.>
   45-4        <Sec. 15.  PROVISIONS OF BONDS.  (a)  In an order or
   45-5  resolution authorizing the issuance of bonds or obligations,
   45-6  including the refunding of bonds or obligations, the board may
   45-7  provide for the flow of funds, the establishment and maintenance of
   45-8  the interest and sinking fund, the reserve fund, and other funds.
   45-9  In addition, the board may make covenants with respect to the bonds
  45-10  or obligations, the pledged revenues, and the operation and
  45-11  maintenance of the buildings or equipment financed under this Act.>
  45-12        <(b)  An order or resolution of the board authorizing the
  45-13  issuance of bonds or obligations may prohibit the issuance of
  45-14  additional bonds or obligations payable from the pledged revenues.
  45-15  In lieu of the preceding, an order or resolution may preserve the
  45-16  right of the board to issue additional bonds or obligations on the
  45-17  condition that they are on a parity with or subordinate to the lien
  45-18  and pledge on the revenues being used to support the bonds or
  45-19  obligations being issued pursuant to the order or resolution.>
  45-20        <(c)  An order or resolution of the board for the issuance of
  45-21  bonds or obligations may contain other provisions and covenants as
  45-22  the board may determine.>
  45-23        <(d)  The board may adopt and have executed any other
  45-24  proceedings or instruments necessary and convenient in the issuance
  45-25  of bonds or obligations.>
  45-26        <Sec. 16.  APPROVAL BY ATTORNEY GENERAL;  REGISTRATION BY
  45-27  COMPTROLLER.  (a)  The bonds and obligations issued by the board
   46-1  must be submitted to the attorney general for examination.>
   46-2        <(b)  If the attorney general finds that the bonds and
   46-3  obligations have been authorized in accordance with law, he shall
   46-4  approve them, and they shall be registered by the comptroller of
   46-5  public accounts.>
   46-6        <(c)  After the approval and registration of bonds and
   46-7  obligations, they are incontestable in any court or other forum for
   46-8  any reason and are valid and binding in accordance with their terms
   46-9  for all purposes.>
  46-10        <Sec. 17.  REFUNDING BONDS.  (a)  The board may issue bonds
  46-11  and obligations to refund all or any part of its outstanding bonds
  46-12  and obligations issued under this Act, including matured but unpaid
  46-13  interest.>
  46-14        <(b)  The board may refund its bonds and obligations as
  46-15  provided by the general laws of the state for revenue bonds.>
  46-16        <Sec. 18.  BONDS ARE SECURITY FOR DEPOSITS.  The bonds and
  46-17  obligations are eligible to secure deposits of public funds of the
  46-18  state and cities, counties, school districts, and other political
  46-19  subdivisions of the state.  The bonds and obligations are lawful
  46-20  and sufficient security for deposits to the extent of their face
  46-21  value when accompanied by all unmatured coupons, if any.>
  46-22        <Sec. 19.  BONDS AS INVESTMENTS.  The bonds and obligations
  46-23  are legal and authorized investments for:>
  46-24              <(1)  banks;>
  46-25              <(2)  savings banks;>
  46-26              <(3)  trust companies;>
  46-27              <(4)  savings and loan associations;>
   47-1              <(5)  insurance companies;>
   47-2              <(6)  fiduciaries;>
   47-3              <(7)  trustees;>
   47-4              <(8)  guardians; and>
   47-5              <(9)  sinking funds of cities, counties, school
   47-6  districts, and other political subdivisions of the state and other
   47-7  public funds of the state and its agencies, including the permanent
   47-8  school fund.>
   47-9        <Sec. 20.  TAX STATUS OF BONDS.  The bonds and obligations
  47-10  issued by the board, any transaction relating to the bonds or
  47-11  obligations, and profits made in the sale of the bonds and
  47-12  obligations are free from taxation by the state or by any city,
  47-13  county, special district, or other political subdivision of the
  47-14  state.>
  47-15        <Sec. 21.  ><Other Powers><.  The board may:>
  47-16              <(1)  exercise, to the extent practicable, all powers
  47-17  given to a corporation under the general laws of the state;>
  47-18              <(2)  have perpetual succession by its corporate name;>
  47-19              <(3)  sue and be sued in its corporate name;>
  47-20              <(4)  adopt a seal and use it as the board considers
  47-21  appropriate;>
  47-22              <(5)  accept gifts and donations; and>
  47-23              <(6)  adopt rules and perform all functions reasonably
  47-24  necessary for the board to administer its functions prescribed by
  47-25  this Act.>
  47-26        <Sec. 22.  ><Prior Appropriations><.  The appropriations made by
  47-27  Section 2, Article II, Senate Bill 1355, Acts of the 68th
   48-1  Legislature, Regular Session, 1983, are validated, ratified, and
   48-2  confirmed for the periods and purposes specified by that section.>
   48-3        <Sec. 23.  ><Bond Proceeds><.  (a)  After the issuance of bonds
   48-4  or obligations, the board shall certify to the commission or to the
   48-5  appropriate state agency and to the comptroller of public accounts
   48-6  that the proceeds from the issuance are available.  The board shall
   48-7  deposit the proceeds in the state treasury.  The proceeds shall be
   48-8  credited to the account of the state agency that is responsible
   48-9  under a contract or agreement for making rental or installment
  48-10  payments to the authority.>
  48-11        <(b)  The process of acquiring or constructing a building or
  48-12  purchasing or leasing equipment may begin after:>
  48-13              <(1)  the authority has certified that obligations in
  48-14  an amount sufficient to pay the construction or purchase price of
  48-15  the project have been authorized for issuance by the authority
  48-16  under an interim construction finance agreement established by the
  48-17  authority in accordance with Chapter 656, Acts of the 68th
  48-18  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
  48-19  Civil Statutes), and its subsequent amendments; or>
  48-20              <(2)  the proceeds have been deposited into the state
  48-21  treasury, the comptroller of public accounts has certified that the
  48-22  proceeds are available, the reserve funds and capitalized interest,
  48-23  as certified by the authority as reasonably required, have been
  48-24  paid, and the costs of issuing the bonds or obligations have been
  48-25  paid after receiving a certificate from the authority specifying
  48-26  those costs.>
  48-27        <(c)  The state treasurer shall invest, with the concurrence
   49-1  of the board, the unexpended bond proceeds and investment income
   49-2  thereon in investments approved by law for the investment of state
   49-3  funds.>
   49-4        <(d)  The investment income that the board determines is
   49-5  needed to finance the acquisition, construction, purchase, or lease
   49-6  of buildings or equipment and that is not required to be rebated to
   49-7  the federal government shall be credited to the account of the
   49-8  appropriate state agency.>
   49-9        <(e)  The investment income that the board determines is not
  49-10  needed to finance the acquisition, construction, purchase, or lease
  49-11  of buildings or equipment and that is not required to be rebated to
  49-12  the federal government shall be credited to and accounted for in
  49-13  the state lease fund in the state treasury.  Notwithstanding the
  49-14  provisions of Section 404.071, Government Code, the interest earned
  49-15  on the investment income that is deposited in the state lease fund
  49-16  shall be credited to and accounted for in the state lease fund.>
  49-17        <Sec. 24A.  ><Specific projects><.  (a)  In addition to the
  49-18  buildings that the legislature has previously approved for
  49-19  acquisition or construction, the buildings described by this
  49-20  section are approved for financing in accordance with Section 9 of
  49-21  this Act.  This section in no way limits the authority of the board
  49-22  to issue obligations to finance the purchase or lease of equipment.>
  49-23        <(b)  The following projects are approved:>
  49-24                      <Project>                  <Estimated Cost>
  49-25        <1.  Aircraft Maintenance Shop and Office>
  49-26             <Facilities in Travis County>             <$2,787,000>
  49-27        <2.  Cosmetology Commission Building in>
   50-1             <Travis County>                            <1,520,000>
   50-2        <3.  Hazardous Materials Testing Laboratory>
   50-3             <for the Texas Department of Health>
   50-4             <in Travis County>                         <1,350,000>
   50-5        <4.  New Warehouse and Renovation of>
   50-6             <Existing warehouse for the State>
   50-7             <Purchasing and General Services>
   50-8             <Commission in Travis County>              <2,990,000>
   50-9        <5.  Purchase and Renovation by the State>
  50-10             <Purchasing and General Services>
  50-11             <Commission of real property>
  50-12             <which is located in, or partially or>
  50-13             <wholly within 1,000 feet of:>
  50-14             <the Capitol Complex, Travis County,>
  50-15             <and the John H. Winters Human>
  50-16             <Services Complex, Travis County>         <10,000,000>
  50-17        <6.  Records and Equipment Warehouse for>
  50-18             <the State Board of Insurance in>
  50-19             <Travis County>                            <1,538,000>
  50-20        <7.  State Board of Insurance Building>
  50-21             <in Travis County>                        <59,937,000>
  50-22        <8.  State Data Processing Disaster>
  50-23             <Recovery Operations Center in>
  50-24             <Travis County>                            <3,011,000>
  50-25        <9.  Purchase and Renovation of New>
  50-26             <Headquarters and Warehouse for State>
  50-27             <Purchasing and General>
   51-1             <Services Commission in Travis County>     <2,000,000>
   51-2        <10. Purchase and Renovation of an Office>
   51-3             <Building in Travis County>               <43,500,000>
   51-4                                                 <_____________>
   51-5             <TOTAL>                                <$128,633,000>
   51-6        <(c)  Notwithstanding the limitations prescribed by Section 9
   51-7  of this Act relating to the location of buildings for which bonds
   51-8  may be issued, the authority may issue bonds under this Act to
   51-9  finance the renovation of West Building, G. J. Sutton State Office
  51-10  Complex in Bexar County, at an estimated cost of $1,375,000; the
  51-11  construction or purchase and renovation of a building or buildings
  51-12  by the commission in Tarrant County, at an estimated cost of
  51-13  $10,000,000; the construction or purchase and renovation of a
  51-14  building or buildings by the commission in Harris County, at an
  51-15  estimated cost of $20,000,000; and the purchase and renovation of a
  51-16  building or buildings by the commission in McLennan County, at an
  51-17  estimated cost of $5,000,000.  For purposes of this subsection
  51-18  regarding Tarrant and Harris counties, the commission shall, prior
  51-19  to requesting the authority to issue bonds, prepare project
  51-20  analyses for the potential construction projects and subsequent
  51-21  thereto perform an alternative purchase analysis pursuant to the
  51-22  provisions of Section 5.34, State Purchasing and General Services
  51-23  Act (Article 601b, Vernon's Texas Civil Statutes).>
  51-24        <(d)  Regarding Project 5 in Subsection (b) of this section,
  51-25  the legislature finds that there is a continued need for the
  51-26  acquisition of real property which is located in or in the
  51-27  immediate vicinity of state office building complexes for the
   52-1  continued operation of the government of the State of Texas in
   52-2  provision of service to the people of this state; that there are
   52-3  periodic fluctuations in the prices and values of real property;
   52-4  and that the ability of the state to respond to rapidly changing
   52-5  market conditions is necessary in order to acquire real property at
   52-6  substantial savings to the taxpayer.  Therefore, the State
   52-7  Purchasing and General Services Commission is empowered hereby and
   52-8  in accordance with Project 5 of Subsection (b) of this section to
   52-9  purchase real property identified in that project number and to
  52-10  make contracts necessary to carry out and effectuate the purposes
  52-11  herein stated.  Prior to the purchase of such property, the
  52-12  commission must determine that the purchase would be in the state's
  52-13  best interest.>
  52-14        <Sec. 25.  ><Rent and Fees><.  (a)  The commission or the
  52-15  appropriate state agency shall establish schedules necessary to
  52-16  properly charge occupying state agencies for the expenses incurred
  52-17  in financing the acquisition or construction of buildings in
  52-18  accordance with this Act.>
  52-19        <(b)  Occupying state agencies shall pay to the commission,
  52-20  the appropriate state agency, or directly into the state lease fund
  52-21  the amount determined by the commission when the payments are due.
  52-22  In lieu of the preceding payments, the legislature may, on the
  52-23  behalf of occupying state agencies, directly appropriate funds to
  52-24  the state lease fund.>
  52-25        <(c)  Payments received by the commission or a state agency
  52-26  under this section shall be deposited to the credit of the state
  52-27  lease fund.>
   53-1        <(d)  The Child Care Development Board is not an occupying
   53-2  state agency for purposes of this section.  The commission or the
   53-3  appropriate state agency, with the cooperation and assistance of
   53-4  the Child Care Development Board, shall include in the schedules
   53-5  developed under Subsection (a) of this section the method of
   53-6  charging state agencies that occupy all or part of a building
   53-7  governed by this section for the space in the building that is used
   53-8  for a child care facility under Article 6252-3e, Revised Statutes,
   53-9  and Articles 4 and 5, State Purchasing and General Services Act
  53-10  (Article 601b, Vernon's Texas Civil Statutes). An occupying
  53-11  agency's share shall be based at least in part on the ratio of the
  53-12  number of the occupying agency's employees who work in the building
  53-13  to the total number of state employees who work in the building.>
  53-14        <Sec. 26.  ><State Lease Fund><.  (a)  The state lease fund
  53-15  created by Article II, Chapter 700, Acts of the 68th Legislature,
  53-16  Regular Session, 1983 (Article 601c, Vernon's Texas Civil
  53-17  Statutes), may be used to finance appropriations to the commission
  53-18  or other state agencies or directly to the authority on behalf of
  53-19  the preceding entities for the payment of required rents, fees, and
  53-20  installments to the authority.>
  53-21        <(b)  In addition, the legislature may transfer funds on
  53-22  deposit in the state lease fund to the capital trust fund for such
  53-23  other purposes as the legislature may determine after all bonds and
  53-24  obligations have been duly paid or provided for.>
  53-25        <Sec. 27.  ><Purchase and Renovation of Texas Employment
  53-26  Commission Property><.  (a)  The Texas Employment Commission shall
  53-27  sell to the commission office buildings and parking facilities in
   54-1  its possession in or near the Capitol Complex, and the commission
   54-2  shall purchase and renovate the buildings and parking facilities,
   54-3  at an estimated cost of $46,000,000. The purchase and renovation is
   54-4  approved for financing in accordance with Section 9 of this Act and
   54-5  bonds may be issued to finance the purchase and renovation in
   54-6  accordance with Section 10 of this Act.>
   54-7        <(b)  After the office buildings have been acquired, the
   54-8  commission may, from funds made available by the authority,
   54-9  renovate the facilities as necessary for occupancy in accordance
  54-10  with the allocation of space within the building made under
  54-11  Subsection (c) of this section. In negotiating the price for the
  54-12  Texas Employment Commission facilities, the commission shall
  54-13  consider the cost to the Texas Employment Commission of alternative
  54-14  space outside the Capitol Complex.  The commission shall also
  54-15  consider the price in the context of the reasonable rates that
  54-16  might otherwise be paid by prospective occupying state agencies for
  54-17  rent in comparable space.>
  54-18        <(c)  The space in the office buildings and parking
  54-19  facilities is allocated to the legislature and legislative agencies
  54-20  for their use.  The presiding officers of each house of the
  54-21  legislature shall jointly decide the allocation of the space within
  54-22  the buildings and facilities.>
  54-23        <Sec. 28.  ><Conveyance of Property><.  (a)  When the principal
  54-24  of and interest on bonds or obligations relating to equipment or a
  54-25  building financed under this Act are paid in full and the equipment
  54-26  or building is free of all liens, the board shall certify to the
  54-27  commission or the appropriate state agency that rentals, payments,
   55-1  or installments are no longer required to pay the principal and
   55-2  interest on the bonds or obligations.>
   55-3        <(b)  When making the certification called for in Subsection
   55-4  (a), the board shall, if necessary and for the sum of $1.00, convey
   55-5  the title of the building or equipment, including any involved real
   55-6  property, to the commission or the appropriate state agency.>
   55-7        <Sec. 29.  ><Preference in Leasing><.  Buildings owned by the
   55-8  authority shall be considered state-owned space for the purposes
   55-9  of:>
  55-10              <(1)  Section 6.04, State Purchasing and General
  55-11  Services Act (Article 601b, Vernon's Texas Civil Statutes); and>
  55-12              <(2)  child care facility sites located in state-owned
  55-13  buildings under Article 6252-3e, Revised Statutes, and Articles 4
  55-14  and 5, State Purchasing and General Services Act (Article 601b,
  55-15  Vernon's Texas Civil Statutes).>
  55-16        <Sec. 30.  ><Eminent Domain><.  The authority has the power of
  55-17  eminent domain and may exercise the power for the purposes set
  55-18  forth in this Act in connection with the approved acquisition or
  55-19  construction of buildings as provided in Section 10 of this Act.>
  55-20        <Sec. 31.  ><Sunset provision><.  The Texas Public Finance
  55-21  Authority is subject to Chapter 325, Government Code (Texas Sunset
  55-22  Act).  Unless continued in existence as provided by that chapter
  55-23  the authority is abolished and this article expires September 1,
  55-24  1997.>
  55-25        <Sec. 32.  ><Relationship to Previous Board><.  The authority
  55-26  created by this Act shall succeed to the ownership of all property
  55-27  of and all lease and rental contracts entered into by the Texas
   56-1  Public Building Authority that was created by Senate Bill 1355,
   56-2  Acts of the 68th Legislature, Regular Session, 1983, and all of the
   56-3  obligations contracted or assumed by the previous authority with
   56-4  respect to any such property or contract shall be obligations of
   56-5  the authority created under this Act.  Actions taken by the
   56-6  previous authority are validated, ratified, and confirmed.>
   56-7        <Sec. 34.  ><Repealer><.  Articles I and II, and Section 1,
   56-8  Article III, Chapter 700, Acts of the 68th Legislature, Regular
   56-9  Session, 1983 (Article 601c, Vernon's Texas Civil Statutes), are
  56-10  repealed.>
  56-11        SECTION 2.  The appropriations made by Section 2, Article II,
  56-12  Chapter 700, Acts of the 68th Legislature, Regular Session, 1983,
  56-13  are validated, ratified, and confirmed for the periods and purposes
  56-14  specified by that section.
  56-15        SECTION 3.  The Texas Public Finance Authority shall succeed
  56-16  to the ownership of all property of and all lease and rental
  56-17  contracts entered into by the Texas Public Building Authority that
  56-18  was created by Chapter 700, Acts of the 68th Legislature, Regular
  56-19  Session, 1983, and all of the obligations contracted or assumed by
  56-20  the previous authority with respect to any property or contract are
  56-21  obligations of the authority.  Actions taken by the previous
  56-22  authority are validated, ratified, and confirmed.
  56-23        SECTION 4.  Sections 1-10, Chapter 696, Acts of the 70th
  56-24  Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
  56-25  Civil Statutes), are repealed.
  56-26        SECTION 5.  This Act takes effect September 1, 1995.
  56-27        SECTION 6.  The importance of this legislation and the
   57-1  crowded condition of the calendars in both houses create an
   57-2  emergency and an imperative public necessity that the
   57-3  constitutional rule requiring bills to be read on three several
   57-4  days in each house be suspended, and this rule is hereby suspended.