1-1  By:  Bivins                                            S.B. No. 405
    1-2        (In the Senate - Filed February 13, 1995; February 14, 1995,
    1-3  read first time and referred to Committee on Finance;
    1-4  April 28, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0; April 28, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 405                   By:  Bivins
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the distribution of the foundation school fund and to
   1-11  tax and revenue anticipation notes made necessary in part by such
   1-12  distribution.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Subsections (b), (c), and (d), Section 16.260,
   1-15  Education Code, are amended to read as follows:
   1-16        (b)  Payments from the foundation school fund to each
   1-17  category 1 school district shall be made as follows:
   1-18              (1)  15 <21> percent of the yearly entitlement of the
   1-19  district shall be paid in an installment <two equal installments>
   1-20  to be made on or before the 25th day of September <and October> of
   1-21  a fiscal year;
   1-22              (2)  80 <57> percent of the yearly entitlement of the
   1-23  district shall be paid in eight <six> equal installments to be made
   1-24  on or before the 25th day of October, November, December, January,
   1-25  <February,> March, May, June, and July; and
   1-26              (3)  five <22> percent of the yearly entitlement of the
   1-27  district shall be paid in an installment <two equal installments>
   1-28  to be made on or before the 25th day of February <April and May>.
   1-29        (c)  Payments from the foundation school fund to each
   1-30  category 2 school district shall be made as follows:
   1-31              (1)  22 <21> percent of the yearly entitlement of the
   1-32  district shall be paid in an installment <two equal installments>
   1-33  to be made on or before the 25th day of September <and October> of
   1-34  a fiscal year;
   1-35              (2)  18 <38> percent of the yearly entitlement of the
   1-36  district shall be paid in an installment <four equal installments>
   1-37  to be made on or before the 25th day of October <November,
   1-38  December, March, and July>;
   1-39              (3)  9.5 <seven> percent of the yearly entitlement of
   1-40  the district shall be paid in an installment <two equal
   1-41  installments> to be made on or before the 25th day of November
   1-42  <January and February>;
   1-43              (4)  7.5 <22> percent of the yearly entitlement of the
   1-44  district shall be paid in an installment <two equal installments>
   1-45  to be made on or before the 25th day of April <and May>; <and>
   1-46              (5)  five <12> percent of the yearly entitlement of the
   1-47  district shall be paid in an installment <two equal installments>
   1-48  to be made on or before the 25th day of May <June and August>;
   1-49              (6)  10 percent of the yearly entitlement of the
   1-50  district shall be paid in an installment to be made on or before
   1-51  the 25th day of June;
   1-52              (7)  13 percent of the yearly entitlement of the
   1-53  district shall be paid in an installment to be made on or before
   1-54  the 25th day of July; and
   1-55              (8)  15 percent of the yearly entitlement of the
   1-56  district shall be paid in an installment to be made on or before
   1-57  the 25th day of August.
   1-58        (d)  Payments from the foundation school fund to each
   1-59  category 3 school district shall be made as follows:
   1-60              (1)  45 <21> percent of the yearly entitlement of the
   1-61  district shall be paid in an installment <two equal installments>
   1-62  to be made on or before the 25th day of September <and October> of
   1-63  a fiscal year;
   1-64              (2)  35 <57> percent of the yearly entitlement of the
   1-65  district shall be paid in an installment <six equal installments>
   1-66  to be made on or before the 25th day of October <November,
   1-67  December, March, June, July, and August>; and
   1-68              (3)  20 <22> percent of the yearly entitlement of the
    2-1  district shall be paid in an installment <two equal installments>
    2-2  to be made on or before the 25th day of August <April and May>.
    2-3        SECTION 2.  Section 404.121, Government Code, is amended to
    2-4  read as follows:
    2-5        Sec. 404.121.  Definitions.  In this subchapter:
    2-6              (1)  "Cash flow deficit" for any period means the
    2-7  excess, if any, of (A) expenditures paid and transfers made from
    2-8  the general revenue fund in the period, including payments provided
    2-9  by Section 16.260, Education Code, over (B) taxes and other
   2-10  revenues deposited to the fund in the period, other than pursuant
   2-11  to Section 403.092, that are legally available for such
   2-12  expenditures and transfers.
   2-13              (2)  "Committee" means the cash management committee.
   2-14              (3) <(2)>  "Credit agreement" means a loan agreement,
   2-15  revolving credit agreement, agreement establishing a line of
   2-16  credit, letter of credit, reimbursement agreement, insurance
   2-17  contract, commitment to purchase tax and revenue anticipation
   2-18  notes, purchase or sale agreement, forward payment conversion
   2-19  agreement, contract providing for payments based on levels of or
   2-20  changes in interest rates or currency exchange rates, or commitment
   2-21  or other contract or agreement approved by the treasurer in
   2-22  connection with the authorization, issuance, security, exchange,
   2-23  payment, purchase, or redemption of an obligation, interest on an
   2-24  obligation, or both.
   2-25              (4) <(3)>  "Tax and revenue anticipation notes" and
   2-26  "notes" mean notes issued under this section, including any
   2-27  obligations under credit agreements entered into by the treasurer
   2-28  in connection with the issuance of the notes.
   2-29              (5) <(4)>  "Temporary cash shortfall" during any period
   2-30  means the greater of (A) the <cumulative> cash flow deficit
   2-31  forecast by the treasurer for the <at any time during a> period and
   2-32  (B) <within a fiscal year in which> the cash balance of taxes and
   2-33  revenues in the general revenue fund at the beginning of the period
   2-34  that are legally available for expenditures and transfers included
   2-35  in such cash flow deficit, other than pursuant to Section 403.092,
   2-36  less the cash flow deficit for the period, and less<, as projected
   2-37  by the treasurer, is insufficient to honor the authorized
   2-38  expenditures from that fund during that period and to establish> an
   2-39  amount reasonably required as a cash balance in the general revenue
   2-40  fund, as determined by the treasurer, but not more than 10 percent
   2-41  of expenditures and transfers made from the general revenue fund in
   2-42  the fiscal year before the determination.
   2-43        SECTION 3.  Subsection (d), Section 404.123, Government Code,
   2-44  is amended to read as follows:
   2-45        (d)  All notes must mature and be paid in full during the
   2-46  fiscal biennium in which they were issued.  The notes must be
   2-47  signed by the governor.  <The interest rate on the notes must be
   2-48  set so that the amount equal to the total amount of interest to be
   2-49  paid on the notes plus the costs of issuance of the notes does not
   2-50  exceed the amount of interest that would be paid on the notes if
   2-51  the interest rate on the notes were one percent less than one of
   2-52  the following, as computed by the treasurer:>
   2-53              <(1)  the average interest yield being earned on funds
   2-54  invested by the treasurer as of the date of the notes' issuance; or>
   2-55              <(2)  the projected average interest yield to be earned
   2-56  on funds invested by the treasurer over the life of the note
   2-57  issue.>
   2-58        SECTION 4.  Section 404.124, Government Code, is amended to
   2-59  read as follows:
   2-60        Sec. 404.124.  Shortfall Forecast; Committee Approval.
   2-61  (a)  Before issuing notes the treasurer shall submit to the
   2-62  committee a general revenue cash flow shortfall forecast, based on
   2-63  the comptroller's most recent <anticipated> revenue estimate.  The
   2-64  forecast must contain a detailed report of estimated revenues and
   2-65  expenditures for each month and each major revenue and expenditure
   2-66  category and must demonstrate the maximum general revenue cash flow
   2-67  shortfall that may be predicted.
   2-68        (b)  Based on the forecast the committee may approve the
   2-69  issuance of notes and the maximum outstanding balance of notes in
   2-70  any fiscal year.  The outstanding balance may not exceed the
    3-1  maximum temporary cash shortfall forecast by the treasurer for any
    3-2  period in the fiscal year.  The treasurer may not issue notes in
    3-3  excess of the amount approved <amount of notes that may be issued
    3-4  and determine whether the notes shall be sold on a negotiated or
    3-5  competitive bid basis.  If the committee determines that
    3-6  competitive bids are appropriate, the underwriter of any notes
    3-7  issued under this section shall be selected by the solicitation of
    3-8  sealed bids and an appropriate bid notice shall be published at
    3-9  least one time in one or more recognized financial publications of
   3-10  general circulation published within the state and one or more
   3-11  recognized financial publications of general circulation published
   3-12  outside the state.  Unless all bids are rejected, the underwriter
   3-13  shall be selected from the bids received>.
   3-14        (c)  The committee may determine whether the notes shall be
   3-15  sold on a negotiated or competitive bid basis.  If the committee
   3-16  determines that competitive bids are appropriate, the underwriter
   3-17  of any notes issued under this section shall be selected by the
   3-18  solicitation of sealed bids and an appropriate bid notice shall be
   3-19  published at least one time in one or more recognized financial
   3-20  publications of general circulation published within the state and
   3-21  one or more recognized financial publications of general
   3-22  circulation published outside the state.  Unless all bids are
   3-23  rejected, the underwriter shall be selected from the bids received.
   3-24  The treasurer may not sell the notes in a manner not approved <not
   3-25  approve the issuance of notes in excess of the amount reasonably
   3-26  necessary to meet the temporary cash shortfall.  The treasurer may
   3-27  not issue notes in excess of the amount approved or sell the notes
   3-28  in a manner not approved>.
   3-29        SECTION 5.  This Act takes effect September 1, 1995.
   3-30        SECTION 6.  The importance of this legislation and the
   3-31  crowded condition of the calendars in both houses create an
   3-32  emergency and an imperative public necessity that the
   3-33  constitutional rule requiring bills to be read on three several
   3-34  days in each house be suspended, and this rule is hereby suspended.
   3-35                               * * * * *