1-1  By:  Madla                                            S.B. No. 1646
    1-2        (In the Senate - Filed April 10, 1995; April 10, 1995, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 28, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; April 28, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1646                   By:  Madla
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the ability of a public housing authority to sponsor a
   1-11  public facility corporation.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 1.003, Public Facility Corporation Act
   1-14  (Article 717s, Revised Statutes), is amended to read as follows:
   1-15        Sec. 1.003.  DEFINITIONS.  In this article:
   1-16              (1)  "Board of directors" means the board of directors
   1-17  of a corporation.
   1-18              (2)  "Bonds" means bonds, notes, interim certificates,
   1-19  or other evidences of indebtedness of a corporation issued or
   1-20  incurred under this article.
   1-21              (3)  "City" means any municipality existing under the
   1-22  laws of this state.
   1-23              (4)  "Corporation" means any public facility
   1-24  corporation created and existing under this article.
   1-25              (5)  "Cost of issuance" means all costs relating to the
   1-26  issuance or incurrence of bonds by a corporation and the purchase
   1-27  of sponsor obligations by a corporation.  The term includes the
   1-28  cost of financing charges and interest on the bonds; the cost of
   1-29  financing, legal, accounting, financial advisory, and appraisal
   1-30  fees, expenses, and disbursements; the cost of any policy or
   1-31  policies of insurance; the cost of printing, engraving, and
   1-32  reproduction services; the cost of the initial and acceptance fees
   1-33  of any trustee, paying agent, bond registrar, and authenticating
   1-34  agent; the cost of any credit agreement; and reasonable sums to
   1-35  reimburse the corporation for time spent by its agents or employees
   1-36  with respect to the issuance, incurrence, or purchase.
   1-37              (6)  "County" means a political subdivision of this
   1-38  state that is created pursuant to Article IX, Section 1, of the
   1-39  Texas Constitution or a county created pursuant to other law.
   1-40              (7)  "Credit agreement" means any loan agreement,
   1-41  revolving credit agreement, agreement establishing a line of
   1-42  credit, letter of credit, reimbursement agreement, insurance
   1-43  contract, commitments to purchase bonds or sponsor obligations,
   1-44  purchase or sale agreements, or commitments or other contracts or
   1-45  agreements authorized and approved by the board of directors of a
   1-46  corporation in connection with the authorization, issuance,
   1-47  incurrence, sale, security, exchange, payment, purchase, or
   1-48  redemption of bonds or interest on bonds.
   1-49              (8)  "Director" means any member of a board of
   1-50  directors.
   1-51              (9)  "Housing authority" means a public corporation
   1-52  that is created under Chapter 392, Local Government Code.
   1-53              (10)  "Public facility" means any real, personal, or
   1-54  mixed property, or any interest in property owned or to be owned by
   1-55  a sponsor, devoted or to be devoted to public use, and authorized
   1-56  to be financed, refinanced, or provided by sponsor obligations.
   1-57              (11) <(10)>  "Resolution" means any resolution, order,
   1-58  ordinance, or other official action by the governing body of a
   1-59  sponsor.
   1-60              (12) <(11)>  "School district" means a political
   1-61  subdivision of this state that is created pursuant to Article VII,
   1-62  Section 3, of the Texas Constitution.
   1-63              (13) <(12)>  "Special district" means any district that
   1-64  is created pursuant to Article III, Section 52, or Article XVI,
   1-65  Section 59, of the Texas Constitution or is a hospital district or
   1-66  authority or is a junior college as defined in Chapter 130,
   1-67  Education Code.
   1-68              (14) <(13)>  "Sponsor" means any city, county, school
    2-1  district, housing authority, or special district that causes a
    2-2  corporation to be created to act in accordance with this article.
    2-3              (15) <(14)>  "Sponsor obligation" means any evidence of
    2-4  indebtedness or obligation that a sponsor issues or incurs to
    2-5  finance, refinance, or provide a public facility, including bonds,
    2-6  notes, warrants, certificates of obligation, leases, and contracts
    2-7  authorized by Part 4 of this article.
    2-8        SECTION 2.  Section 3.021, Public Facility Corporation Act
    2-9  (Article 717s, Revised Statutes), is amended by adding Subsection
   2-10  (j) to read as follows:
   2-11        (j)  A nonprofit corporation created by a housing authority
   2-12  under the Texas Non-Profit Corporation Act (Article 1396-1.01 et
   2-13  seq., Vernon's Texas Civil Statutes) is considered also to be a
   2-14  corporation under this article and shall have the same rights and
   2-15  powers necessary or convenient to accomplish a corporation's
   2-16  purposes under this article.
   2-17        SECTION 3.  Section 4.044, Public Facility Corporation Act
   2-18  (Article 717s, Revised Statutes), is amended by adding Subsection
   2-19  (d) to read as follows:
   2-20        (d)  A corporation may issue or incur bonds to refund
   2-21  outstanding debt obligations of a nonprofit corporation created by
   2-22  a housing authority under the Texas Non-Profit Corporation Act
   2-23  (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
   2-24        SECTION 4.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
   2-28  days in each house be suspended, and this rule is hereby suspended,
   2-29  and that this Act take effect and be in force from and after its
   2-30  passage, and it is so enacted.
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