H.B. No. 2936
1-1 AN ACT
1-2 relating to financing of certain projects for certain counties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Chapter 656, Acts of the 68th
1-5 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 Sec. 1. As used in this Act, the following terms shall mean:
1-8 (1) "Issuer" means (A) any incorporated city operating
1-9 under a home-rule charter adopted pursuant to Article XI, Section
1-10 5, of the Constitution of Texas having a population according to
1-11 the latest federal decennial census of 90,000 or more and having
1-12 outstanding long-term debt secured by the revenues of the public
1-13 utility for which the obligations are being issued which is rated
1-14 by a nationally recognized rating agency for municipal securities
1-15 in one of the four highest rating categories for long-term
1-16 obligations; (B) any conservation and reclamation district created
1-17 and organized as a river authority under and pursuant to Article
1-18 III, Section 52, or Article XVI, Section 59, of the Constitution of
1-19 Texas and by an act of the legislature of the State of Texas; (C)
1-20 any joint powers agency organized and operating pursuant to Chapter
1-21 166, Acts of the 63rd Legislature, Regular Session, 1973 (Article
1-22 1435a, Revised Statutes); (D) any metropolitan rapid transit
1-23 authority or regional transportation authority created, organized,
2-1 and operating pursuant to Chapter 141, Acts of the 63rd
2-2 Legislature, Regular Session, 1973 (Article 1118x, Revised
2-3 Statutes) or Chapter 683, Acts of the 66th Legislature, Regular
2-4 Session, 1979 (Article 1118y, Revised Statutes); (E) any
2-5 conservation and reclamation district organized or operating as a
2-6 navigation district under and pursuant to Article III, Section 52,
2-7 or Article XVI, Section 59, of the Constitution of Texas; (F) any
2-8 district organized or operating under and pursuant to Article XVI,
2-9 Section 59, of the Constitution of Texas which has all or part of
2-10 two or more incorporated cities within its boundaries; (G) agencies
2-11 of the State of Texas (including the governing boards of the state
2-12 institutions of higher education); (H) any hospital authority in a
2-13 county with a population of more than 2 million, according to the
2-14 most recent federal census, that was created or is operating under
2-15 Chapter 262, Health and Safety Code, or Chapter 264, Health and
2-16 Safety Code; <and> (I) any nonprofit corporation organized to
2-17 exercise the powers of a higher education authority under
2-18 Subsection (e), Section 53.47, Education Code; and (J) a county
2-19 having a population of 2 million or more according to the most
2-20 recent federal census with respect to eligible projects described
2-21 in Subdivisions (3)(A)(4) and (3)(A)(5) of this section.
2-22 (2) "Public utility" means properties and facilities
2-23 for (A) the conservation, storage, supply, treatment, or
2-24 transmission of water; (B) the treatment, collection, or disposal
2-25 of water-carried wastes or solid wastes; (C) the generation,
3-1 transmission, or distribution of electric power and energy; (D) the
3-2 acquisition, distribution, or storage of gas; (E) a "public
3-3 transportation system" as defined in Chapter 683, Acts of the 66th
3-4 Legislature, 1979 (Article 1118y, Revised Statutes); (F) an
3-5 "airport" as defined in the Municipal Airports Act (Article 46d-1
3-6 et seq., Revised Statutes); <or> (G) a port facility, including
3-7 facilities for the operation or development of ports and waterways
3-8 or in aid of navigation and navigation-related commerce in the
3-9 ports and on the waterways; or (H) a "project" as defined in
3-10 Chapter 304, Acts of the 50th Legislature, 1947 (Article 6795b-1,
3-11 Vernon's Texas Civil Statutes); and (I) <(H)> the carrying out of
3-12 any purpose or function for which the issuer may issue bonds.
3-13 (3) "Eligible project" means:
3-14 (A) the acquisition or construction of and
3-15 improvements, additions, or extensions to a public utility, one or
3-16 more, including capital assets and facilities incident and related
3-17 to the operation, maintenance, and administration thereof, and,
3-18 with respect to properties and facilities for (1) the generation of
3-19 electric power and energy, fuel acquisition, or development or
3-20 facilities for the transportation thereof; (2) a public
3-21 transportation system, buildings, structures, terminals, rolling
3-22 stock, garages, shops, equipment, and other facilities (including
3-23 vehicle parking areas and facilities necessary or convenient for
3-24 the beneficial use and access of persons and vehicles to stations,
3-25 terminals, yards, cars, and buses or for the protection and
4-1 environmental enhancement of such facilities) for mass public
4-2 transportation; (3) a port facility, wharves, docks, warehouses,
4-3 grain elevators, other storage facilities, bunkering facilities,
4-4 port-related railroads and bridges, floating plants and facilities,
4-5 lightering facilities, cargo handling facilities, towing
4-6 facilities, and all other facilities or aids incident to or useful
4-7 in the operation of a port facility; (4) a causeway, bridge,
4-8 tunnel, turnpike, highway, or a combination of such facilities,
4-9 including all necessary overpasses, underpasses, interchanges,
4-10 entrance plazas, tollhouses, service stations, approaches,
4-11 fixtures, accessories, equipment, storage, administration, and
4-12 other necessary buildings, together with all property rights,
4-13 easements, and other interests acquired in connection therewith;
4-14 (5) any public improvements owned by a county that serve the
4-15 purpose of attracting visitors and tourists to a county, including
4-16 civic centers, auditoriums, exhibition halls, coliseums, stadiums,
4-17 and parking areas; and (6) <(4)> a project for which there exist
4-18 authorized but unissued obligations approved by a majority of the
4-19 voters of the issuer, including obligations payable from ad valorem
4-20 taxes; and
4-21 (B) a project for which an issuer is authorized
4-22 to issue revenue bonds secured, in whole or in part, by revenues
4-23 derived from or related to student loans.
4-24 (4) "Project costs" means all costs and expenses
4-25 incurred in relation to an eligible project, one or more, including
5-1 without limitation design, planning, engineering and legal costs,
5-2 acquisition costs of land, interests in land, right-of-way and
5-3 easements, construction costs, costs of machinery, equipment, and
5-4 other capital assets incident and related to the operation,
5-5 maintenance, and administration of an eligible project, and
5-6 financing costs, including interest during construction and
5-7 thereafter, underwriter's discount and/or fees, legal, financial,
5-8 and other professional services. Project costs attributable to an
5-9 eligible project and incurred prior to the issuance of any
5-10 obligations issued to finance an eligible project may be reimbursed
5-11 from the proceeds of sale of obligations.
5-12 (5) "Obligations" means notes, warrants, or other
5-13 special obligations authorized to be issued by an issuer under the
5-14 provisions of this Act and all "bonds" as defined in the Bond
5-15 Procedures Act of 1981 (Article 717k-6, Revised Statutes), which,
5-16 prior to the delivery thereof, have been rated by a nationally
5-17 recognized rating agency for municipal securities in either one of
5-18 the three highest rating categories for short term obligations or
5-19 one of the four highest rating categories for long term
5-20 obligations. It is provided, however, that the term "obligations"
5-21 does not mean or include any obligations payable from ad valorem
5-22 taxes, except as specifically permitted by this Act.
5-23 (6) "Credit agreement" means loan agreement, revolving
5-24 credit agreement, agreement establishing a line of credit, letter
5-25 of credit, reimbursement agreement, insurance contract, commitments
6-1 to purchase obligations, purchase or sale agreements, interest rate
6-2 swap agreement, or commitments or other contracts or agreements
6-3 authorized and approved by the governing body of an issuer either
6-4 in connection with the authorization, issuance, security, exchange,
6-5 payment, purchase, or redemption of obligations and/or interest
6-6 thereon, or as otherwise authorized by this Act.
6-7 (7) "Governing body" means the board, council,
6-8 commission, commissioners court, or other designated body (acting
6-9 either individually or jointly, when authorized by law) authorized
6-10 by law to issue bonds for or on behalf of an issuer.
6-11 SECTION 2. The importance of this legislation and the
6-12 crowded condition of the calendars in both houses create an
6-13 emergency and an imperative public necessity that the
6-14 constitutional rule requiring bills to be read on three several
6-15 days in each house be suspended, and this rule is hereby suspended.