By:  Ellis                                            S.B. No. 1532
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to short term obligations for a unit of government.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Section 1, Article 717q, Vernon's Texas Civil
    1-4  Statutes, is amended to read as follows:
    1-5        Sec. 1.  As used in this Act, the following terms shall mean:
    1-6              (1)  "Issuer" means (A) any incorporated city operating
    1-7  under a home-rule charter adopted pursuant to Article XI, Section
    1-8  5, of the Constitution of Texas having a population according to
    1-9  the latest federal decennial census of 90,000 or more and having
   1-10  outstanding long-term debt secured by the revenues of the public
   1-11  utility for which the obligations are being issued which is rated
   1-12  by a nationally recognized rating agency for municipal securities
   1-13  in one of the four highest rating categories for long-term
   1-14  obligations; (B) any conservation and reclamation district created
   1-15  and organized as a river authority under and pursuant to Article
   1-16  III, Section 52, or Article XVI, Section 59, of the Constitution of
   1-17  Texas and by an act of the legislature of the State of Texas;
   1-18  (C) any joint powers agency organized and operating pursuant to
   1-19  Chapter 166, Acts of the 63rd Legislature, Regular Session, 1973
   1-20  (Article 1435a, Revised Statutes); (D) any metropolitan rapid
   1-21  transit authority or regional transportation authority created,
   1-22  organized, and operating pursuant to Chapter 141, Acts of the 63rd
   1-23  Legislature, Regular Session, 1973 (Article 1118x, Revised
    2-1  Statutes) or Chapter 683, Acts of the 66th Legislature, Regular
    2-2  Session, 1979 (Article 1118y, Revised Statutes); (E) any
    2-3  conservation and reclamation district organized or operating as a
    2-4  navigation district under and pursuant to Article III, Section 52,
    2-5  or Article XVI, Section 59, of the Constitution of Texas; (F) any
    2-6  district organized or operating under and pursuant to Article XVI,
    2-7  Section 59, of the Constitution of Texas which has all or part of
    2-8  two or more incorporated cities within its boundaries; (G) agencies
    2-9  of the State of Texas (including the governing boards of the state
   2-10  institutions of higher education); (H) any hospital authority in a
   2-11  county with a population of more than 2 million, according to the
   2-12  most recent federal census, that was created or is operating under
   2-13  Chapter 262, Health and Safety Code, or Chapter 264, Health and
   2-14  Safety Code; <and> (I) any nonprofit corporation organized to
   2-15  exercise the powers of a higher education authority under
   2-16  Subsection (e), Section 53.47, Education Code; and (J) a county
   2-17  having a population of 2,000,000 or more according to the most
   2-18  recent federal census.
   2-19              (2)  "Public utility" means properties and facilities
   2-20  for (A) the conservation, storage, supply, treatment, or
   2-21  transmission of water; (B) the treatment, collection, or disposal
   2-22  of water-carried wastes or solid wastes; (C) the generation,
   2-23  transmission, or distribution of electric power and energy; (D) the
   2-24  acquisition, distribution, or storage of gas; (E) a "public
   2-25  transportation system" as defined in Chapter 683, Acts of the 66th
    3-1  Legislature, 1979 (Article 1118y, Revised Statutes); (F) an
    3-2  "airport" as defined in the Municipal Airports Act (Article 46d-1
    3-3  et seq., Revised Statutes); <or> (G) a port facility, including
    3-4  facilities for the operation or development of ports and waterways
    3-5  or in aid of navigation and navigation-related commerce in the
    3-6  ports and on the waterways; or (H) a "project" as defined in
    3-7  Chapter 304, Acts of the 50th Legislature, 1947 (Article 6795b-1,
    3-8  Revised Statutes; and (I) <(H)> the carrying out of any purpose or
    3-9  function for which the issuer may issue bonds.
   3-10              (3)  "Eligible project" means:
   3-11                    (A)  the acquisition or construction of and
   3-12  improvements, additions, or extensions to a public utility, one or
   3-13  more, including capital assets and facilities incident and related
   3-14  to the operation, maintenance, and administration thereof, and,
   3-15  with respect to properties and facilities for (1) the generation of
   3-16  electric power and energy, fuel acquisition, or development or
   3-17  facilities for the transportation thereof; (2) a public
   3-18  transportation system, buildings, structures, terminals, rolling
   3-19  stock, garages, shops, equipment, and other facilities (including
   3-20  vehicle parking areas and facilities necessary or convenient for
   3-21  the beneficial use and access of persons and vehicles to stations,
   3-22  terminals, yards, cars, and buses or for the protection and
   3-23  environmental enhancement of such facilities) for mass public
   3-24  transportation; (3) a port facility, wharves, docks, warehouses,
   3-25  grain elevators, other storage facilities, bunkering facilities,
    4-1  port-related railroads and bridges, floating plants and facilities,
    4-2  lightering facilities, cargo handling facilities, towing
    4-3  facilities, and all other facilities or aids incident to or useful
    4-4  in the operation of a port facility; (4) a causeway, bridge,
    4-5  tunnel, turnpike, highway, or a combination of such facilities,
    4-6  including all necessary overpasses, underpasses, interchanges,
    4-7  entrance plazas, toll houses, service stations, approaches,
    4-8  fixtures, accessories, equipment, storage, administration, and
    4-9  other necessary buildings, together with all property rights,
   4-10  easements, and other interests acquired in connection therewith;
   4-11  (5) any public improvements that serve the purpose of attracting
   4-12  visitors and tourists to a county, including civic centers,
   4-13  auditoriums, exhibition halls, coliseums, stadiums, and parking
   4-14  areas; and (6) <(4)> a project for which there exist authorized but
   4-15  unissued obligations approved by a majority of the voters of the
   4-16  issuer, including obligations payable from ad valorem taxes; and
   4-17                    (B)  a project for which an issuer is authorized
   4-18  to issue revenue bonds secured, in whole or in part, by revenues
   4-19  derived from or related to student loans.
   4-20              (4)  "Project costs" means all costs and expenses
   4-21  incurred in relation to an eligible project, one or more, including
   4-22  without limitation design, planning, engineering and legal costs,
   4-23  acquisition costs of land, interests in land, right-of-way and
   4-24  easements, construction costs, costs of machinery, equipment, and
   4-25  other capital assets incident and related to the operation,
    5-1  maintenance, and administration of an eligible project, and
    5-2  financing costs, including interest during construction and
    5-3  thereafter, underwriter's discount and/or fees, legal, financial,
    5-4  and other professional services.  Project costs attributable to an
    5-5  eligible project and incurred prior to the issuance of any
    5-6  obligations issued to finance an eligible project may be reimbursed
    5-7  from the proceeds of sale of obligations.
    5-8              (5)  "Obligations" means notes, warrants, or other
    5-9  special obligations authorized to be issued by an issuer under the
   5-10  provisions of this Act and all "bonds" as defined in the Bond
   5-11  Procedures Act of 1981 (Article 717k-6, Revised Statutes), which,
   5-12  prior to the delivery thereof, have been rated by a nationally
   5-13  recognized rating agency for municipal securities in either one of
   5-14  the three highest rating categories for short term obligations or
   5-15  one of the four highest rating categories for long term
   5-16  obligations.  It is provided, however, that the term "obligations"
   5-17  does not mean or include any obligations payable from ad valorem
   5-18  taxes, except as specifically permitted by this Act.
   5-19              (6)  "Credit agreement" means loan agreement, revolving
   5-20  credit agreement, agreement establishing a line of credit, letter
   5-21  of credit, reimbursement agreement, insurance contract, commitments
   5-22  to purchase obligations, purchase or sale agreements, interest rate
   5-23  swap agreement, or commitments or other contracts or agreements
   5-24  authorized and approved by the governing body of an issuer either
   5-25  in connection with the authorization, issuance, security, exchange,
    6-1  payment, purchase, or redemption of obligations and/or interest
    6-2  thereon, or as otherwise authorized by this Act.
    6-3              (7)  "Governing body" means the board, council,
    6-4  commission, commissioners court, or other designated body (acting
    6-5  either individually or jointly, when authorized by law) authorized
    6-6  by law to issue bonds for or on behalf of an issuer.
    6-7        SECTION 2.  The importance of this legislation and the
    6-8  crowded condition of the calendars in both houses create an
    6-9  emergency and an imperative public necessity that the
   6-10  constitutional rule requiring bills to be read on three several
   6-11  days in each house be suspended, and this rule is hereby suspended.