1-1 By: West S.J.R. No. 30
1-2 (In the Senate - Filed January 30, 1995; January 31, 1995,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 3, 1995, reported favorably by the following vote: Yeas 8,
1-5 Nays 5; March 3, 1995, sent to printer.)
1-6 SENATE JOINT RESOLUTION
1-7 proposing a constitutional amendment authorizing the legislature to
1-8 provide for the issuance of bonds to provide or guarantee surety
1-9 bonds for historically underutilized businesses.
1-10 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Article XVI of the Texas Constitution is amended
1-12 by adding Section 73 to read as follows:
1-13 Sec. 73. (a) The legislature by law may establish a Texas
1-14 historically underutilized business bonding fund to be used without
1-15 further appropriation solely in futherance of a program established
1-16 by the legislature to provide surety bonds to historically
1-17 underutilized businesses or to guarantee surety bonds provided to
1-18 historically underutilized businesses, as defined by the
1-19 legislature. The fund shall contain a program account, an interest
1-20 and sinking account, and other accounts authorized by the
1-21 legislature. To carry out the program authorized by this
1-22 subsection, the legislature may issue up to $50 million of general
1-23 obligation bonds to provide funding for the fund. The fund is
1-24 composed of the proceeds of the bonds authorized by this
1-25 subsection, surety bond fees, guarantee fees, other amounts
1-26 received from the issuance or guarantee of surety bonds made under
1-27 this subsection, and any other amount the legislature requires to
1-28 be deposited in the fund.
1-29 (b) The legislature may require review and approval of the
1-30 issuance of bonds under this section, of the use of the bond
1-31 proceeds, or of the rules adopted by an agency to govern use of the
1-32 bond proceeds. Notwithstanding any other provision of this
1-33 constitution, any entity created or directed to conduct this review
1-34 and approval may include members or appointees of members of the
1-35 executive, legislative, and judicial departments of state
1-36 government.
1-37 (c) Bonds authorized under this section constitute a general
1-38 obligation of the state. While any of the bonds or interest on the
1-39 bonds is outstanding and unpaid, there is appropriated out of the
1-40 first money coming into the treasury in each fiscal year not
1-41 otherwise appropriated by this constitution the amount sufficient
1-42 to pay the principal of and interest on the bonds that mature or
1-43 become due during the fiscal year less any amount in any interest
1-44 and sinking account at the end of the preceding fiscal year that is
1-45 pledged to payment of the bonds or interest.
1-46 SECTION 2. This proposed amendment shall be submitted to the
1-47 voters at an election to be held November 7, 1995. The ballot
1-48 shall be printed to permit voting for or against the proposition:
1-49 "The constitutional amendment authorizing the legislature to
1-50 provide for the issuance of $50 million of general obligation bonds
1-51 for the recovery and further development of the state's economy,
1-52 with the goal of increasing job opportunities and other benefits
1-53 for Texas residents, through the state's provision and guarantee of
1-54 surety bonds to historically underutilized businesses."
1-55 * * * * *