1-1 By: McCoulskey (Senate Sponsor - Brown) H.B. No. 2969
1-2 (In the Senate - Received from the House May 8, 1995;
1-3 May 9, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 19, 1995, reported favorably, as
1-5 amended, by the following vote: Yeas 8, Nays 0; May 19, 1995, sent
1-6 to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Galloway
1-8 Amend H.B. No. 2969 as follows:
1-9 (1) Strike the following language in Section 1, Subsection 2
1-10 of H.B. 2969.
1-11 "selling, pursuant to an installment sale agreement or
1-12 otherwise, or leasing, with or without an option to purchase,
1-13 without the need for public notice or bidding, and otherwise on
1-14 such terms as the governing body of the municipality may find
1-15 acceptable."
1-16 "including, but not limited to, an "institution of higher
1-17 education" under Section 61.003, Education Code, which will provide
1-18 a significant number of vocational and vocational-technical
1-19 education courses in the facility."
1-20 COMMITTEE AMENDMENT NO. 2 By: Leedom
1-21 Amend H.B. No. 2969 as follows:
1-22 (1) Add to the existing SECTION 1, and the following:
1-23 SECTION 1. Section 2A, Article 835s, Revised Statutes, is
1-24 added to read as follows:
1-25 Sec. 2A. A municipality with a population greater than 8,000
1-26 but less than 10,000 that is located in two counties with
1-27 populations of 225,000 or more but less than 2,818,199 may acquire,
1-28 by any lawful means other than eminent domain, land, and may
1-29 construct or otherwise acquire a building or other facility for the
1-30 purpose of selling, pursuant to an installment sale agreement or
1-31 otherwise, or leasing the land, building or other facility to an
1-32 "institution of higher education" under Section 61.003, Education
1-33 Code, which will provide a significant number of vocational and
1-34 vocational-technical education courses in the facility for public
1-35 use. A sale or lease under this section to an "institution of
1-36 higher education" may proceed with out the need for public notice
1-37 or bidding, and otherwise on such terms as the governing body of
1-38 the municipality may find acceptable.
1-39 A BILL TO BE ENTITLED
1-40 AN ACT
1-41 relating to the acquisition and disposition of land and facilities
1-42 by a municipality and to the issuance of municipal bonds.
1-43 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-44 SECTION 1. Section 2, Article 835s, Revised Statutes, is
1-45 amended to read as follows:
1-46 Sec. 2. ACQUISITION AUTHORIZED. A home-rule or general-law
1-47 municipality may acquire, by any lawful means other than eminent
1-48 domain, land and may construct or otherwise acquire a building or
1-49 other facility for the purpose of selling, pursuant to an
1-50 installment sale agreement or otherwise, or leasing, with or
1-51 without an option to purchase, without the need for public notice
1-52 or bidding, and otherwise on such terms as the governing body of
1-53 the municipality may find acceptable, the land, building, or other
1-54 facility to a political subdivision or agency of the state,
1-55 including, but not limited to, an "institution of higher education"
1-56 under Section 61.003, Education Code, which will provide a
1-57 significant number of vocational and vocational-technical education
1-58 courses in the facility, for public use or to an individual,
1-59 private corporation, or other private entity for use in
1-60 manufacturing or another commercial activity.
1-61 SECTION 2. Subsection (a), Section 4, Article 835s, Revised
1-62 Statutes, is amended to read as follows:
1-63 (a) The municipality may provide for the payment of the
1-64 principal of and interest on the bonds:
1-65 (1) by pledging all or any part of the designated
1-66 revenues from the sale or <a> lease of any or all of the land,
1-67 building, or other facility after deduction of the reasonable cost
1-68 of operation and maintenance;
2-1 (2) from the collection of an annual ad valorem tax
2-2 levied on all taxable property within the municipality; or
2-3 (3) from a combination of the sources described by
2-4 Subdivisions (1) and (2) of this section.
2-5 SECTION 3. Section 7, Article 835s, Revised Statutes, is
2-6 amended to read as follows:
2-7 Sec. 7. EXECUTION OF DOCUMENTS. The governing body of the
2-8 municipality may adopt and have executed any other proceedings or
2-9 instruments necessary and convenient in the issuance of the bonds
2-10 and in the acquisition and sale or lease of any land, building, or
2-11 other facility under Section 2 of this article.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.
2-19 * * * * *