By Moffat H.B. No. 741
75R4115 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sale of certain assets owned by the Lower Colorado
1-3 River Authority.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Lower Colorado River Authority Act (Article
1-6 8280-107, Vernon's Texas Civil Statutes) is amended by adding
1-7 Section 27 to read as follows:
1-8 Sec. 27. (a) As soon as possible, the district shall sell:
1-9 (1) all electric power and energy generating
1-10 facilities owned by the district;
1-11 (2) the district's interest in any jointly owned
1-12 electric power and energy generating facilities;
1-13 (3) all water distribution facilities owned by the
1-14 district;
1-15 (4) the district's interest in any jointly owned water
1-16 distribution facilities;
1-17 (5) any other property acquired or constructed by the
1-18 district and incidental to or used or useful in:
1-19 (A) the generation, production, transmission,
1-20 distribution, or sale of electric energy; or
1-21 (B) the distribution or sale of water;
1-22 (6) all vehicles and other personal property owned by
1-23 the district; and
1-24 (7) all real property owned by the district.
2-1 (b) The district shall complete the sale in such a way so as
2-2 to avoid the impairment of any bond obligations incurred under this
2-3 Act.
2-4 (c) The proceeds of the sale required by this section shall
2-5 be used to retire bonds issued under this Act and to pay the
2-6 principal of and interest on any legal debt created by the
2-7 district. However, the purchaser may agree to assume the
2-8 district's debt obligation.
2-9 (d) Any amounts received by the district in excess of the
2-10 amounts needed to retire bonds and pay debts of the district shall
2-11 be deposited to the credit of the permanent school fund.
2-12 (e) If there is a conflict between this section and another
2-13 provision of this Act, this section prevails.
2-14 SECTION 2. Section 43.001(a), Education Code, is amended to
2-15 read as follows:
2-16 (a) The permanent school fund, which is a perpetual
2-17 endowment for the public schools of this state, consists of:
2-18 (1) all land appropriated for the public schools by
2-19 the constitution and laws of this state;
2-20 (2) all of the unappropriated public domain remaining
2-21 in this state, including all land recovered by the state by suit or
2-22 otherwise except pine forest land as defined by Section 88.111;
2-23 (3) all proceeds from the authorized sale of permanent
2-24 school fund land;
2-25 (4) all proceeds from the lawful sale of any other
2-26 properties belonging to the permanent school fund;
2-27 (5) all investments authorized by Section 43.003 of
3-1 properties belonging to the permanent school fund; [and]
3-2 (6) all income from the mineral development of
3-3 permanent school fund land, including income from mineral
3-4 development of riverbeds and other submerged land; and
3-5 (7) all proceeds from the sale of assets owned by the
3-6 Lower Colorado River Authority, as provided by Section 27, Lower
3-7 Colorado River Authority Act (Article 8280-107, Vernon's Texas
3-8 Civil Statutes).
3-9 SECTION 3. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.