1-1  By:  Hochberg (Senate Sponsor - Ellis)                H.B. No. 2936
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 18, 1995, read first time and referred to Committee on Economic
    1-4  Development; May 22, 1995, reported favorably, as amended, by the
    1-5  following vote:  Yeas 9, Nays 0; May 22, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Madla
    1-7  Amend HB 2936 by inserting "owned by a county" after "improvements"
    1-8  and before "that" on line 9, page 4.
    1-9                         A BILL TO BE ENTITLED
   1-10                                AN ACT
   1-11  relating to financing of certain projects for certain counties.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 1, Chapter 656, Acts of the 68th
   1-14  Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
   1-15  Civil Statutes), is amended to read as follows:
   1-16        Sec. 1.  As used in this Act, the following terms shall mean:
   1-17              (1)  "Issuer" means (A) any incorporated city operating
   1-18  under a home-rule charter adopted pursuant to Article XI, Section
   1-19  5, of the Constitution of Texas having a population according to
   1-20  the latest federal decennial census of 90,000 or more and having
   1-21  outstanding long-term debt secured by the revenues of the public
   1-22  utility for which the obligations are being issued which is rated
   1-23  by a nationally recognized rating agency for municipal securities
   1-24  in one of the four highest rating categories for long-term
   1-25  obligations; (B) any conservation and reclamation district created
   1-26  and organized as a river authority under and pursuant to Article
   1-27  III, Section 52, or Article XVI, Section 59, of the Constitution of
   1-28  Texas and by an act of the legislature of the State of Texas; (C)
   1-29  any joint powers agency organized and operating pursuant to Chapter
   1-30  166, Acts of the 63rd Legislature, Regular Session, 1973 (Article
   1-31  1435a, Revised Statutes); (D) any metropolitan rapid transit
   1-32  authority or regional transportation authority created, organized,
   1-33  and operating pursuant to Chapter 141, Acts of the 63rd
   1-34  Legislature, Regular Session, 1973 (Article 1118x, Revised
   1-35  Statutes) or Chapter 683, Acts of the 66th Legislature, Regular
   1-36  Session, 1979 (Article 1118y, Revised Statutes); (E) any
   1-37  conservation and reclamation district organized or operating as a
   1-38  navigation district under and pursuant to Article III, Section 52,
   1-39  or Article XVI, Section 59, of the Constitution of Texas; (F) any
   1-40  district organized or operating under and pursuant to Article XVI,
   1-41  Section 59, of the Constitution of Texas which has all or part of
   1-42  two or more incorporated cities within its boundaries; (G) agencies
   1-43  of the State of Texas (including the governing boards of the state
   1-44  institutions of higher education); (H) any hospital authority in a
   1-45  county with a population of more than 2 million, according to the
   1-46  most recent federal census, that was created or is operating under
   1-47  Chapter 262, Health and Safety Code, or Chapter 264, Health and
   1-48  Safety Code; <and> (I) any nonprofit corporation organized to
   1-49  exercise the powers of a higher education authority under
   1-50  Subsection (e), Section 53.47, Education Code; and (J)  a county
   1-51  having a population of 2 million or more according to the most
   1-52  recent federal census with respect to eligible projects described
   1-53  in Subdivisions (3)(A)(4) and (3)(A)(5) of this section.
   1-54              (2)  "Public utility" means properties and facilities
   1-55  for (A) the conservation, storage, supply, treatment, or
   1-56  transmission of water; (B) the treatment, collection, or disposal
   1-57  of water-carried wastes or solid wastes; (C) the generation,
   1-58  transmission, or distribution of electric power and energy; (D) the
   1-59  acquisition, distribution, or storage of gas; (E) a "public
   1-60  transportation system" as defined in Chapter 683, Acts of the 66th
   1-61  Legislature, 1979 (Article 1118y, Revised Statutes); (F) an
   1-62  "airport" as defined in the Municipal Airports Act (Article 46d-1
   1-63  et seq., Revised Statutes); <or> (G) a port facility, including
   1-64  facilities for the operation or development of ports and waterways
   1-65  or in aid of navigation and navigation-related commerce in the
   1-66  ports and on the waterways; or (H) a "project" as defined in
   1-67  Chapter 304, Acts of the 50th Legislature, 1947 (Article 6795b-1,
   1-68  Vernon's Texas Civil Statutes); and (I) <(H)> the carrying out of
    2-1  any purpose or function for which the issuer may issue bonds.
    2-2              (3)  "Eligible project" means:
    2-3                    (A)  the acquisition or construction of and
    2-4  improvements, additions, or extensions to a public utility, one or
    2-5  more, including capital assets and facilities incident and related
    2-6  to the operation, maintenance, and administration thereof, and,
    2-7  with respect to properties and facilities for (1) the generation of
    2-8  electric power and energy, fuel acquisition, or development or
    2-9  facilities for the transportation thereof; (2) a public
   2-10  transportation system, buildings, structures, terminals, rolling
   2-11  stock, garages, shops, equipment, and other facilities (including
   2-12  vehicle parking areas and facilities necessary or convenient for
   2-13  the beneficial use and access of persons and vehicles to stations,
   2-14  terminals, yards, cars, and buses or for the protection and
   2-15  environmental enhancement of such facilities) for mass public
   2-16  transportation; (3) a port facility, wharves, docks, warehouses,
   2-17  grain elevators, other storage facilities, bunkering facilities,
   2-18  port-related railroads and bridges, floating plants and facilities,
   2-19  lightering facilities, cargo handling facilities, towing
   2-20  facilities, and all other facilities or aids incident to or useful
   2-21  in the operation of a port facility; (4)  a causeway, bridge,
   2-22  tunnel, turnpike, highway, or a combination of such facilities,
   2-23  including all necessary overpasses, underpasses, interchanges,
   2-24  entrance plazas, tollhouses, service stations, approaches,
   2-25  fixtures, accessories, equipment, storage, administration, and
   2-26  other necessary buildings, together with all property rights,
   2-27  easements, and other interests acquired in connection therewith;
   2-28  (5)  any public improvements that serve the purpose of attracting
   2-29  visitors and tourists to a county, including civic centers,
   2-30  auditoriums, exhibition halls, coliseums, stadiums, and parking
   2-31  areas; and (6) <(4)> a project for which there exist authorized but
   2-32  unissued obligations approved by a majority of the voters of the
   2-33  issuer, including obligations payable from ad valorem taxes; and
   2-34                    (B)  a project for which an issuer is authorized
   2-35  to issue revenue bonds secured, in whole or in part, by revenues
   2-36  derived from or related to student loans.
   2-37              (4)  "Project costs" means all costs and expenses
   2-38  incurred in relation to an eligible project, one or more, including
   2-39  without limitation design, planning, engineering and legal costs,
   2-40  acquisition costs of land, interests in land, right-of-way and
   2-41  easements, construction costs, costs of machinery, equipment, and
   2-42  other capital assets incident and related to the operation,
   2-43  maintenance, and administration of an eligible project, and
   2-44  financing costs, including interest during construction and
   2-45  thereafter, underwriter's discount and/or fees, legal, financial,
   2-46  and other professional services.  Project costs attributable to an
   2-47  eligible project and incurred prior to the issuance of any
   2-48  obligations issued to finance an eligible project may be reimbursed
   2-49  from the proceeds of sale of obligations.
   2-50              (5)  "Obligations" means notes, warrants, or other
   2-51  special obligations authorized to be issued by an issuer under the
   2-52  provisions of this Act and all "bonds" as defined in the Bond
   2-53  Procedures Act of 1981 (Article 717k-6, Revised Statutes), which,
   2-54  prior to the delivery thereof, have been rated by a nationally
   2-55  recognized rating agency for municipal securities in either one of
   2-56  the three highest rating categories for short term obligations or
   2-57  one of the four highest rating categories for long term
   2-58  obligations.  It is provided, however, that the term "obligations"
   2-59  does not mean or include any obligations payable from ad valorem
   2-60  taxes, except as specifically permitted by this Act.
   2-61              (6)  "Credit agreement" means loan agreement, revolving
   2-62  credit agreement, agreement establishing a line of credit, letter
   2-63  of credit, reimbursement agreement, insurance contract, commitments
   2-64  to purchase obligations, purchase or sale agreements, interest rate
   2-65  swap agreement, or commitments or other contracts or agreements
   2-66  authorized and approved by the governing body of an issuer either
   2-67  in connection with the authorization, issuance, security, exchange,
   2-68  payment, purchase, or redemption of obligations and/or interest
   2-69  thereon, or as otherwise authorized by this Act.
   2-70              (7)  "Governing body" means the board, council,
    3-1  commission, commissioners court, or other designated body (acting
    3-2  either individually or jointly, when authorized by law) authorized
    3-3  by law to issue bonds for or on behalf of an issuer.
    3-4        SECTION 2.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.
    3-9                               * * * * *