1-1 By: Truan S.B. No. 1421
1-2 (In the Senate - Filed March 13, 1995; March 15, 1995, read
1-3 first time and referred to Committee on International Relations,
1-4 Trade, and Technology; April 12, 1995, reported adversely, with
1-5 favorable Committee Substitute by the following vote: Yeas 6, Nays
1-6 0; April 12, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1421 By: Truan
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the making of, and the issuance of bonds for,
1-11 international cooperation agreements by state agencies and
1-12 political subdivisions.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Title 7, Government Code, is amended by adding
1-15 Chapter 792 to read as follows:
1-16 CHAPTER 792. INTERNATIONAL COOPERATION AGREEMENTS
1-17 Sec. 792.001. DEFINITIONS. In this chapter:
1-18 (1) "Political subdivision" has the meaning assigned
1-19 by Section 791.003.
1-20 (2) "State agency" has the meaning assigned by Section
1-21 783.003.
1-22 Sec. 792.002. AGREEMENTS WITH MEXICO. A state agency or a
1-23 political subdivision may, to the extent permitted under federal
1-24 law, enter into an agreement under this chapter with:
1-25 (1) the United Mexican States or a political
1-26 subdivision of the United Mexican States;
1-27 (2) an agency of the United States; or
1-28 (3) an agency or entity that is created under a treaty
1-29 or executive agreement between the United States and the United
1-30 Mexican States.
1-31 Sec. 792.003. SCOPE OF AGREEMENT. A state agency or a
1-32 political subdivision may enter into an agreement under this
1-33 chapter only if the agreement is for the accomplishment of a
1-34 function that the agency or political subdivision is authorized to
1-35 perform under other law.
1-36 Sec. 792.004. TERMS. (a) Under an agreement authorized by
1-37 this chapter, a political subdivision or a state agency may:
1-38 (1) acquire or dispose of in any manner available to
1-39 the state agency or political subdivision under other law an
1-40 interest in real property in this state or the United Mexican
1-41 States;
1-42 (2) use any funds of the state agency or political
1-43 subdivision that are not otherwise dedicated by law for another
1-44 purpose to accomplish the purposes of the agreement;
1-45 (3) use any equipment, facilities, or other property
1-46 of the state agency or political subdivision to carry out the
1-47 agreement; or
1-48 (4) agree to any other terms that are not prohibited
1-49 under state or federal law.
1-50 (b) An agreement made under this chapter may not provide for
1-51 the liability of this state or a political subdivision on a bond or
1-52 other obligation issued by the United Mexican States or a political
1-53 subdivision of the United Mexican States.
1-54 Sec. 792.005. BONDS. (a) A state agency described by
1-55 Subsection (b) or a political subdivision may issue bonds or other
1-56 evidence of indebtedness to provide financing for an agreement
1-57 under this chapter to the same extent and in the same manner that
1-58 the agency or political subdivision is authorized to issue the
1-59 bonds or other evidence of indebtedness to perform the activity on
1-60 its own behalf.
1-61 (b) Only the following state agencies may issue bonds under
1-62 this section:
1-63 (1) the Department of Agriculture;
1-64 (2) the Texas Department of Commerce;
1-65 (3) the Texas Department of Housing and Community
1-66 Affairs;
1-67 (4) the Texas Public Finance Authority;
1-68 (5) the Texas Turnpike Authority; or
2-1 (6) the Texas Water Development Board.
2-2 Sec. 792.006. APPROVAL OF GOVERNOR AND LEGISLATIVE BUDGET
2-3 BOARD. An agreement made by a state agency under this chapter that
2-4 involves the use of money appropriated from the state treasury is
2-5 not valid unless it is approved by the governor and the Legislative
2-6 Budget Board.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.
2-14 * * * * *