AN ACT
1-1 relating to the continuation, functions, and name of the Texas
1-2 National Guard Armory Board.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading to Chapter 435, Government Code, is
1-5 amended to read as follows:
1-6 CHAPTER 435. TEXAS MILITARY FACILITIES COMMISSION
1-7 [NATIONAL GUARD ARMORY BOARD]
1-8 SECTION 2. Chapter 435, Government Code, is amended by
1-9 amending Sections 435.001 through 435.013, 435.021 through 435.026,
1-10 435.041 through 435.043, 435.047, and 435.048 and adding Sections
1-11 435.0043, 435.0044, 435.0045, 435.0095, and 435.014 through 435.017
1-12 to read as follows:
1-13 Sec. 435.001. DEFINITIONS. In this subchapter:
1-14 (1) "Bond" includes a debenture or other evidence of
1-15 indebtedness.
1-16 (2) "Commission [Board]" means the Texas Military
1-17 Facilities Commission [National Guard Armory Board].
1-18 Sec. 435.002. COMMISSION [BOARD]. The Texas Military
1-19 Facilities Commission [National Guard Armory Board] is an agency of
1-20 the state.
1-21 Sec. 435.003. APPLICATION OF SUNSET ACT[, OPEN MEETINGS, AND
1-22 ADMINISTRATIVE PROCEDURE LAWS]. [(a)] The Texas Military
1-23 Facilities Commission [National Guard Armory Board] is subject to
2-1 Chapter 325 (Texas Sunset Act). Unless continued in existence as
2-2 provided by that chapter, the commission [board] is abolished and
2-3 this chapter expires September 1, 2009 [1997].
2-4 [(b) The board is subject to Chapter 551, and Chapter 2001.]
2-5 Sec. 435.004. COMPOSITION. (a) The commission [board] is
2-6 composed of:
2-7 (1) one [the two] senior officer [officers] of the
2-8 Texas [Army] National Guard who is appointed by the governor with
2-9 the advice and consent of the senate from a list submitted by the
2-10 adjutant general and[,] who must be actively serving in the Texas
2-11 [Army] National Guard at the time of appointment; and
2-12 (2) five members of the general public who are
2-13 appointed by the governor with the advice and consent of the
2-14 senate, who must not be actively serving in the Texas National
2-15 Guard while serving as members of the commission, and two of whom
2-16 must have experience in architecture, civil engineering, or
2-17 construction management [the senior officer of the Texas Air
2-18 National Guard, who must be actively serving in the Texas Air
2-19 National Guard at the time of appointment; and]
2-20 [(3) three members of the general public who are
2-21 appointed by the governor with the advice and consent of the senate
2-22 and who must not be actively serving in the Texas National Guard at
2-23 the time of appointment].
2-24 (b) Appointments to the commission shall be made [The
2-25 governor shall appoint each public member] without regard to the
3-1 [appointee's] race, color, disability [creed], sex, religion, age,
3-2 or national origin of the appointees.
3-3 (c) A person is not eligible for appointment as a public
3-4 member of the commission if the person or the person's spouse:
3-5 (1) is employed by or participates in the management
3-6 of a business entity or other organization receiving funds from the
3-7 commission;
3-8 (2) owns or controls, directly or indirectly, more
3-9 than a 10 percent interest in a business entity or other
3-10 organization receiving funds from the commission; or
3-11 (3) uses or receives a substantial amount of tangible
3-12 goods, services, or funds from the commission, other than
3-13 compensation or reimbursement authorized by law for commission
3-14 membership, attendance, or expenses.
3-15 (d) A person may not serve as a member of the commission
3-16 [board] if the person holds another office or position of honor,
3-17 trust, or profit under the state or federal government, except as a
3-18 member of the Texas National Guard.
3-19 [(d) A person required to register as a lobbyist under
3-20 Chapter 305 of this code may not serve as a member of the board or
3-21 act as general counsel to the board.]
3-22 Sec. 435.0043. CONFLICTS OF INTERESTS. (a) An officer,
3-23 employee, or paid consultant of a Texas trade association in a
3-24 field related to the operation of the commission may not be a
3-25 member of the commission or an employee of the commission who is
4-1 exempt from the state's position classification plan or is
4-2 compensated at or above the amount prescribed by the General
4-3 Appropriations Act for step 1, salary group 17, of the position
4-4 classification salary schedule.
4-5 (b) A person who is the spouse of an officer, manager, or
4-6 paid consultant of a Texas trade association in a field related to
4-7 the operation of the commission may not be a member of the
4-8 commission and may not be an employee of the commission who is
4-9 exempt from the state's position classification plan or is
4-10 compensated at or above the amount prescribed by the General
4-11 Appropriations Act for step 1, salary group 17, of the position
4-12 classification salary schedule.
4-13 (c) For the purposes of this section, a Texas trade
4-14 association is a nonprofit, cooperative, and voluntarily joined
4-15 association in this state designed to assist its members and its
4-16 industry or profession in dealing with mutual problems and in
4-17 promoting their common interest.
4-18 (d) A person may not serve as a member of the commission or
4-19 act as the general counsel to the commission if the person is
4-20 required to register as a lobbyist under Chapter 305 because of the
4-21 person's activities for compensation on behalf of a profession
4-22 related to the operation of the commission.
4-23 Sec. 435.0044. PRESIDING OFFICER. The governor shall
4-24 designate a member of the commission as the presiding officer of
4-25 the commission to serve in that capacity at the pleasure of the
5-1 governor.
5-2 Sec. 435.0045. COMMISSION MEMBER TRAINING. (a) Before a
5-3 member of the commission may assume the member's duties and before
5-4 the member may be confirmed by the senate, the member must complete
5-5 at least one course of the training program established under this
5-6 section.
5-7 (b) A training program established under this section shall
5-8 provide information to the member regarding:
5-9 (1) the enabling legislation that created the
5-10 commission;
5-11 (2) the programs operated by the commission;
5-12 (3) the role and functions of the commission;
5-13 (4) the rules of the commission with an emphasis on
5-14 the rules that relate to disciplinary and investigatory authority;
5-15 (5) the current budget for the commission;
5-16 (6) the results of the most recent formal audit of the
5-17 commission;
5-18 (7) the requirements of the:
5-19 (A) open meetings law, Chapter 551;
5-20 (B) open records law, Chapter 552; and
5-21 (C) administrative procedure law, Chapter 2001;
5-22 (8) the requirements of the conflict of interest laws
5-23 and other laws relating to public officials; and
5-24 (9) any applicable ethics policies adopted by the
5-25 commission or the Texas Ethics Commission.
6-1 Sec. 435.005. VACANCY; INABILITY TO SERVE. (a) If a member
6-2 of the commission [board] who is a senior [an] officer of the Texas
6-3 National Guard retires from active service with the Texas National
6-4 Guard, the member's position on the commission [board] becomes
6-5 vacant. That [(b) A] vacancy on the commission [board] is filled
6-6 for the unexpired term in the same manner in which the position was
6-7 originally filled [by the person who fills the position in the
6-8 Texas National Guard of the person whose retirement created the
6-9 vacancy. The governor shall certify the officer filling the
6-10 vacancy to the secretary of state, who shall notify the officer of
6-11 the officer's eligibility to fill the vacancy not later than the
6-12 10th day after the date the vacancy occurs. Not later than the
6-13 15th day after the date the officer receives the notice, the
6-14 officer shall qualify by taking and filing with the secretary of
6-15 state the constitutional oath of office. If the officer fails to
6-16 qualify as a member of the board under the state constitution or
6-17 this chapter, the governor shall certify to the secretary of state
6-18 the next senior officer in military rank to qualify].
6-19 (b) [(c)] If a member of the commission [board] who is a
6-20 senior officer [member] of the Texas National Guard is unable to
6-21 serve as a commission [board] member because of induction into
6-22 federal service of the member or the member's military unit, the
6-23 governor shall fill the position in the same manner in which the
6-24 position was originally filled, and [designate the next senior
6-25 officer of the Texas National Guard as] the member's successor [in
7-1 function] on the commission serves [board] for the period of the
7-2 induction into federal service. The successor shall qualify as a
7-3 member of the commission [board].
7-4 Sec. 435.006. REMOVAL. (a) It is a ground for removal from
7-5 the commission [board] if a member:
7-6 (1) does not have at the time of appointment the
7-7 qualifications required by Sections 435.004(a) and (c);
7-8 (2) does not maintain during service on the commission
7-9 the qualifications required by Sections 435.004(a) and (c);
7-10 (3) violates a prohibition established by Section
7-11 435.004(d) or 435.0043;
7-12 (4) cannot because of illness or disability discharge
7-13 the member's duties for a substantial part of the term for which
7-14 the member is appointed; or
7-15 (5) is absent from more than half of the regularly
7-16 scheduled commission meetings that the member is eligible to attend
7-17 during a calendar year [fails to attend at least one-half of the
7-18 regularly scheduled board meetings held in a calendar year,
7-19 excluding meetings held while the person was not a member].
7-20 (b) The validity of an action of the commission is not
7-21 affected by the fact that it is taken when a ground for removal of
7-22 a commission member exists.
7-23 (c) If the executive director has knowledge that a potential
7-24 ground for removal exists, the executive director shall notify the
7-25 presiding officer of the commission of the potential ground. The
8-1 presiding officer shall then notify the governor and the attorney
8-2 general that a potential ground for removal exists. If the
8-3 potential ground for removal involves the presiding officer, the
8-4 executive director shall notify the next highest officer of the
8-5 commission, who shall notify the governor and the attorney general
8-6 that a potential ground for removal exists.
8-7 Sec. 435.007. TERM AND OFFICERS. (a) The term of office of
8-8 a commission [board] member is six years without regard to the
8-9 organizational structure of the Texas National Guard.
8-10 (b) The commission [board] annually shall elect a [chairman
8-11 and] treasurer from among its members.
8-12 Sec. 435.008. Per Diem and Expenses. (a) A member is
8-13 entitled to a per diem as set by legislative appropriation for each
8-14 day that the member engages in the business of the commission
8-15 [board].
8-16 (b) A member may not receive compensation for meals,
8-17 lodging, or other travel expenses, except that the member is
8-18 entitled to compensation for transportation expenses as provided by
8-19 the General Appropriations Act.
8-20 Sec. 435.009. PERSONNEL. (a) The commission [board] may
8-21 employ an executive director [secretary] and other officials,
8-22 counsel, agents, and employees as necessary to carry out the
8-23 commission's [board's] purposes and duties, and may prescribe their
8-24 duties and fix their compensation.
8-25 (b) The executive director [secretary] or the executive
9-1 director's [secretary's] designee shall develop an intra-agency [a]
9-2 career ladder program that addresses opportunities for mobility and
9-3 advancement for employees within the commission [agency]. The
9-4 program shall [must] require intra-agency posting of all positions
9-5 concurrently with any public posting [that openings in all
9-6 positions except entry level positions be posted within the board
9-7 for at least 10 days before they are posted for the public].
9-8 (c) The executive director [secretary] or the executive
9-9 director's [secretary's] designee shall develop a system of annual
9-10 performance evaluations that are based on documented employee
9-11 performance [evaluation based on measurable job tasks]. All merit
9-12 pay for commission employees must be based on the system
9-13 established under this subsection [Merit pay for board employees
9-14 shall be based on this system].
9-15 (d) The executive director or the executive director's
9-16 designee shall provide to members of the commission and to agency
9-17 employees, as often as necessary, information regarding their
9-18 qualification for office or employment under this chapter and their
9-19 responsibilities under applicable laws relating to standards of
9-20 conduct for state officers or employees.
9-21 (e) The commission shall develop and implement policies that
9-22 clearly separate the policymaking responsibilities of the
9-23 commission and the management responsibilities of the executive
9-24 director and the staff of the commission.
9-25 Sec. 435.0095. EQUAL EMPLOYMENT OPPORTUNITY POLICY
10-1 STATEMENT. (a) The executive director or the executive director's
10-2 designee shall prepare and maintain a written policy statement to
10-3 assure implementation of a program of equal employment opportunity
10-4 under which all personnel transactions are made without regard to
10-5 race, color, disability, sex, religion, age, or national origin.
10-6 The policy statement must include:
10-7 (1) personnel policies, including policies relating to
10-8 recruitment, evaluation, selection, appointment, training, and
10-9 promotion of personnel that are in compliance with requirements of
10-10 Chapter 21, Labor Code;
10-11 (2) a comprehensive analysis of the commission
10-12 workforce that meets federal and state laws, rules, and regulations
10-13 and instructions directly promulgated from those laws, rules, and
10-14 regulations;
10-15 (3) procedures by which a determination can be made
10-16 about the extent of underuse in the commission workforce of all
10-17 persons for whom federal or state laws, rules, and regulations and
10-18 instructions directly promulgated from those laws, rules, and
10-19 regulations encourage a more equitable balance; and
10-20 (4) reasonable methods to appropriately address those
10-21 areas of underuse.
10-22 (b) A policy statement prepared under Subsection (a) must
10-23 cover an annual period, be updated annually and reviewed by the
10-24 Commission on Human Rights for compliance with Subsection (a)(1),
10-25 and be filed with the governor's office.
11-1 (c) The governor's office shall deliver a biennial report to
11-2 the legislature based on the information received under Subsection
11-3 (b). The report may be made separately or as a part of other
11-4 biennial reports made to the legislature.
11-5 Sec. 435.010. Headquarters. The commission [board] shall
11-6 maintain a headquarters in Travis County.
11-7 Sec. 435.011. RULES; ACTIONS OF THE COMMISSION [BOARD].
11-8 (a) The commission [board] may adopt necessary rules for carrying
11-9 out its business and may adopt reasonable methods to accomplish its
11-10 purposes. This chapter shall be construed liberally to effect
11-11 those purposes.
11-12 (b) The commission [board] shall act by resolution adopted
11-13 at a meeting held according to its rules.
11-14 Sec. 435.012. RECORDS; AUDIT; REPORT. (a) The commission
11-15 [board] shall keep accurate minutes of its meetings and shall keep
11-16 accurate records and books of account that conform with approved
11-17 methods of accounting and that clearly reflect the income and
11-18 expenses of the commission [board] and all transactions in relation
11-19 to its property.
11-20 (b) The financial transactions of the commission [board] are
11-21 subject to audit by the state auditor in accordance with Chapter
11-22 321[, Government Code].
11-23 (c) The executive director shall prepare annually [On or
11-24 before January 1 of each year, the board shall make in writing to
11-25 the governor and the presiding officer of each house of the
12-1 legislature] a complete and detailed written report accounting for
12-2 all funds received and disbursed by the commission [board] during
12-3 the preceding fiscal year. The annual report must meet the
12-4 reporting requirements applicable to financial reporting provided
12-5 in the General Appropriations Act.
12-6 Sec. 435.013. General Powers. (a) The commission is the
12-7 exclusive authority for the construction, repair, and maintenance
12-8 of National Guard armories, facilities, and improvements owned by
12-9 the state located on commission property. The commission [board]
12-10 is a public authority and a body politic and corporate and has all
12-11 powers necessary for the acquisition, construction, rental,
12-12 control, maintenance, [and] operation, and disposition of Texas
12-13 National Guard or Texas State Guard facilities and real property
12-14 [armories], including all property and equipment necessary or
12-15 useful in connection with the facilities [armories].
12-16 (b) The commission [board] may:
12-17 (1) sue and be sued;
12-18 (2) enter into contracts in connection with any matter
12-19 within its purposes or duties; and
12-20 (3) have and use a corporate seal.
12-21 Sec. 435.014. PUBLIC HEARINGS. The commission shall develop
12-22 and implement policies that provide the public with a reasonable
12-23 opportunity to appear before the commission and to speak on any
12-24 issue under the jurisdiction of the commission.
12-25 Sec. 435.015. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
13-1 (a) The commission shall prepare information of public interest
13-2 describing the functions of the commission and the procedures by
13-3 which complaints are filed with and resolved by the commission.
13-4 The commission shall make the information available to the public
13-5 and appropriate state agencies.
13-6 (b) The commission by rule shall establish methods by which
13-7 consumers and service recipients are notified of the name, mailing
13-8 address, and telephone number of the commission for the purpose of
13-9 directing complaints to the commission relating to building
13-10 maintenance or agency performance. The commission may provide for
13-11 that notification on a sign prominently displayed in each building
13-12 under the jurisdiction of the commission.
13-13 (c) The commission shall keep a file about each written
13-14 complaint filed with the commission that the agency has authority
13-15 to resolve. The commission shall provide to the person filing the
13-16 complaint and the persons or entities complained about the
13-17 commission's policies and procedures pertaining to complaint
13-18 investigation and resolution. The commission, at least quarterly
13-19 and until final disposition of the complaint, shall notify the
13-20 person filing the complaint and the persons or entities complained
13-21 about of the status of the complaint unless the notice would
13-22 jeopardize an undercover investigation.
13-23 (d) The commission shall keep information about each
13-24 complaint filed with the commission. The information shall
13-25 include:
14-1 (1) the date the complaint is received;
14-2 (2) the name of the complainant;
14-3 (3) the subject matter of the complaint;
14-4 (4) a record of all persons contacted in relation to
14-5 the complaint;
14-6 (5) a summary of the results of the review or
14-7 investigation of the complaint; and
14-8 (6) for complaints for which the agency took no
14-9 action, an explanation of the reason the complaint was closed
14-10 without action.
14-11 Sec. 435.016. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
14-12 money paid to the commission under this chapter, except money
14-13 directly related to bonds used to build, renovate, or modify
14-14 National Guard armories, is subject to Subchapter F, Chapter 404.
14-15 Sec. 435.017. PROGRAM AND FACILITY ACCESSIBILITY. The
14-16 commission shall comply with federal and state laws related to
14-17 program and facility accessibility. The executive director shall
14-18 also prepare and maintain a written plan that describes how a
14-19 person who does not speak English can be provided reasonable access
14-20 to commission programs and services.
14-21 Sec. 435.021. Acquisition; Management; Pledge of Rents,
14-22 Issues, and Profits. (a) The commission [board] by gift, lease,
14-23 or purchase may acquire real and personal property, including
14-24 leasehold estates in real property, for use for any purpose the
14-25 commission [board] considers necessary in connection with the Texas
15-1 National Guard or for the use of units of the Texas National Guard.
15-2 (b) The commission [board] by gift, purchase, or
15-3 construction may acquire furniture and equipment suitable for
15-4 facility [armory] purposes.
15-5 (c) The commission [board] may hold, manage, [and] maintain,
15-6 lease, or sell its property and may pledge all or part of the
15-7 rents, issues, and profits of the property.
15-8 Sec. 435.022. Construction; Furnishing and Equipment.
15-9 (a) The commission [board] may construct buildings on its real
15-10 property, whether held in fee simple or otherwise. The commission
15-11 [board] may furnish and equip the buildings.
15-12 (b) The commission [board] may construct a building on land
15-13 comprising a state camp only on a site selected and described by a
15-14 board of officers. The adjutant general shall select the officers
15-15 from time to time for that purpose. The officers shall select and
15-16 describe the site promptly after request by the commission [board]
15-17 to the adjutant general. The site may not exceed 200,000 square
15-18 feet. The officers shall certify the description to the commission
15-19 [board] and furnish a copy of it to the adjutant general, who shall
15-20 preserve it in the adjutant general's office. If the commission
15-21 [board] constructs a building on the site selected and described,
15-22 the site becomes the property of the commission [board] for all
15-23 purposes of this chapter as if the site had been acquired by gift
15-24 to or purchase by the commission [board].
15-25 Sec. 435.023. Lease of Property. (a) The commission
16-1 [board] may execute and deliver a lease that leases to the state a
16-2 building, its site, and the equipment in it. The adjutant general
16-3 shall execute the lease for the state as provided by Section
16-4 431.030. The commission [board] shall determine a lawful term of
16-5 the lease and may renew the lease from time to time.
16-6 (b) The commission [board] may make the annual rent charged
16-7 the state under the lease payable in installments. The amount of
16-8 the rent must be sufficient to:
16-9 (1) provide for the operation and maintenance of the
16-10 property;
16-11 (2) pay the interest on, provide for the retirement
16-12 of, and pay the expenses related to the issuance of, any bonds
16-13 issued to acquire, construct, or equip the property; and
16-14 (3) pay the commission's [board's] necessary expenses
16-15 not otherwise provided for.
16-16 (c) The commission [board] may lease the property to any
16-17 person under terms the commission [board] determines if the state
16-18 fails or refuses to:
16-19 (1) lease the property;
16-20 (2) renew an existing lease at the rent provided to be
16-21 paid; or
16-22 (3) pay the rent required in the lease.
16-23 (d) The law requiring notice and competitive bids does not
16-24 apply to a lease under this section.
16-25 (e) For the purposes of this section the term "lease"
17-1 includes "sublease."
17-2 Sec. 435.024. Transfer to State. When property that the
17-3 commission [board] owns is fully paid for and free of liens, and
17-4 all obligations incurred in connection with the acquisition and
17-5 construction of the property have been fully paid, the commission
17-6 [board] may donate and transfer the property to the state by
17-7 appropriate instruments of transfer. The instruments of transfer
17-8 shall be kept in the custody of the adjutant general's department.
17-9 Sec. 435.025. COMMISSION [TEXAS NATIONAL GUARD] PROPERTY.
17-10 (a) When property that the commission owns is fully paid for and
17-11 free of liens, and all obligations incurred in connection with the
17-12 acquisition and construction of the property have been fully paid,
17-13 the commission may properly dispose of the property if:
17-14 (1) the property is designated by the commission and
17-15 the adjutant general as surplus; and
17-16 (2) the disposal is in the best interests of the
17-17 commission and the Texas National Guard and its components or
17-18 successors.
17-19 (b) The commission [board] may receive from the adjutant
17-20 general a state-owned national guard camp and all the land,
17-21 improvements, and personal property connected with it. The
17-22 commission [board] may:
17-23 (1) administer the property with its other property;
17-24 or
17-25 (2) properly dispose of the property if:
18-1 (A) the property is designated by the commission
18-2 [board] and adjutant general as surplus; and
18-3 (B) the disposal is in the best interests of the
18-4 Texas National Guard and [or] its components or successors.
18-5 (c) [(b)] To accomplish the purposes of Subsections
18-6 [Subsection] (a) and (b), the commission [board] may remove,
18-7 dismantle, or sever any of the property or authorize its removal,
18-8 dismantling, or severance.
18-9 (d) [(c)] If property under this section is designated for
18-10 sale, the commission [board] shall sell it to the highest bidder
18-11 for cash. The commission [board] may reject any or all bids.
18-12 (e) If property under this section is designated for
18-13 exchange, the commission may exchange the property for one or more
18-14 parcels of land equal to or exceeding the value of the
18-15 commission-owned property.
18-16 (f) [(d)] Except as provided by Subsection (g)(1) [(e)(1)],
18-17 a sale, [or] deed, or exchange made under this section must reserve
18-18 to the state a one-sixteenth mineral interest free of cost of
18-19 production.
18-20 (g) [(e)] The commission [board] may:
18-21 (1) reconvey to the original grantor or donor all
18-22 rights, title, and interests, including mineral interests, to all
18-23 or part of the land conveyed by that person; and
18-24 (2) convey to the original grantor or donor, on a
18-25 negotiated basis at fair market value, improvements constructed on
19-1 the land reconveyed.
19-2 (h) [(f)] The commission [board] shall deposit proceeds of
19-3 sales under this section in the state treasury to the credit of the
19-4 commission [board] for the use and benefit of the Texas National
19-5 Guard or its components or successors.
19-6 Sec. 435.026. Tax Status of Property. Property held by the
19-7 commission [board] and rents, issues, and profits of the property
19-8 are exempt from taxation by the state, a municipality, a county or
19-9 other political subdivision, or a taxing district of the state.
19-10 Sec. 435.041. Borrowing Money; Issuing and Selling Bonds.
19-11 (a) The commission [board] from time to time may borrow money and
19-12 may request the Texas Public Finance Authority, on behalf of the
19-13 commission [board], to issue and sell fully negotiable bonds to
19-14 acquire one or more building sites or buildings or to construct,
19-15 remodel, repair, or equip one or more buildings.
19-16 (b) The Texas Public Finance Authority may sell the bonds in
19-17 any manner it determines to be in the best interest of the
19-18 commission [board], except that it may not sell a bond that has not
19-19 been approved by the attorney general and registered with the
19-20 comptroller. The Texas Public Finance Authority is subject to all
19-21 rights, duties, and conditions set forth in this subchapter with
19-22 respect to the issuance of bonds by the commission [board],
19-23 including the issuance of refunding bonds under Section 435.048.
19-24 Sec. 435.042. Form. (a) The bonds must be signed by the
19-25 commission's presiding officer [board's chairman] and countersigned
20-1 by its treasurer. The commission's [board's] corporate seal must
20-2 be affixed to the bonds and attested by the commission's [board's]
20-3 executive director [secretary]. The commission [board] is not
20-4 prohibited from issuing bonds signed or attested by a commission
20-5 [board] officer because the officer ceased to be an officer before
20-6 the bonds were issued.
20-7 (b) The commission [board] may issue bonds in:
20-8 (1) fully registered form without interest coupons;
20-9 (2) coupon form registrable as to principal only; or
20-10 (3) bearer form with coupons attached.
20-11 (c) Coupons must be authenticated by the facsimile signature
20-12 of the commission's [board's] treasurer.
20-13 (d) The commission [board] may issue bonds in series. All
20-14 series of bonds issued under the same trust indenture or trust
20-15 agreement must rank equally without preference or priority of one
20-16 series over another.
20-17 Sec. 435.043. Security and Repayment. (a) Except as
20-18 provided by Subsection (b), the bonds must be secured by a pledge
20-19 of, and payable solely from, the rents, issues, and profits of:
20-20 (1) all commission [board] property; or
20-21 (2) property the commission [board] acquires or
20-22 constructs, in whole or part, with the proceeds of the sale of the
20-23 bonds.
20-24 (b) Interest due not later than two years after the date
20-25 bonds or a series of bonds are issued and sold may be paid from the
21-1 proceeds of the sale of the bonds.
21-2 Sec. 435.047. Trust Deeds and Trust Agreements. (a) The
21-3 commission [board] may from time to time execute and deliver trust
21-4 deeds and trust agreements. The trustee under a trust deed or
21-5 trust agreement must be a bank or trust company authorized by the
21-6 laws of this state or the United States to accept and execute
21-7 trusts in this state, or an individual selected by the commission
21-8 [board]. The commission [board] shall select the trustee on the
21-9 basis of written competitive bids.
21-10 (b) The trust deed or trust agreement must be signed in the
21-11 name and on behalf of the commission [board] by the commission's
21-12 presiding officer [board's chairman] and countersigned by the
21-13 commission's [board's] treasurer. The corporate seal of the
21-14 commission [board] must be affixed to the trust deed or agreement
21-15 and attested by the commission's [board's] executive director
21-16 [secretary].
21-17 (c) The trust deed or trust agreement may contain provisions
21-18 approved by the commission [board] for the protection and
21-19 enforcement of the rights and remedies of the trustee and the
21-20 holders of the bonds, including provisions for the acceleration of
21-21 the maturity of the bonds on default by the commission [board] on
21-22 the bonds or the trust deed or trust agreement under which they
21-23 were issued. The trust deed or trust agreement must equally secure
21-24 all bonds issued under it. The trust deed or trust agreement may
21-25 limit or place conditions on the commission's [board's] right to
22-1 issue additional bonds.
22-2 (d) If a bank or trust company is named as trustee, the
22-3 trust deed or trust agreement may provide for deposit with and
22-4 disbursement by the trustee of proceeds of the bonds issued under
22-5 or secured by the trust deed or trust agreement and rents, issues,
22-6 and profits of all property acquired or constructed from those
22-7 proceeds.
22-8 Sec. 435.048. Refunding Bonds. (a) The commission [board]
22-9 may request the Texas Public Finance Authority to issue refunding
22-10 bonds to refund any outstanding bonds that the commission [board],
22-11 or the Texas Public Finance Authority on behalf of the commission
22-12 [board], has lawfully issued, and interest on the bonds. The Texas
22-13 Public Finance Authority may issue the refunding bonds in exchange
22-14 or substitution for outstanding bonds or may sell the refunding
22-15 bonds and use the proceeds to pay or redeem outstanding bonds.
22-16 (b) If refunding bonds are sold, they may be sold in an
22-17 amount necessary to:
22-18 (1) pay principal of, interest on, and premium, if
22-19 any, of the bonds being refunded;
22-20 (2) make a deposit in a reserve fund as provided in
22-21 the resolution authorizing the refunding bonds; and
22-22 (3) pay expenses incurred in the issuance, sale, and
22-23 delivery of the refunding bonds.
22-24 (c) Until refunding bond proceeds are needed for purposes
22-25 under Subsection (b), the commission [board] may invest them in
23-1 direct obligations of the United States, and may use or pledge the
23-2 income from the investments as provided in the resolution
23-3 authorizing the refunding bonds.
23-4 (d) In addition to the authority provided by this section,
23-5 the commission [board] may refund its outstanding bonds according
23-6 to applicable general law.
23-7 SECTION 3. Subsection (a), Section 109.47, Education Code,
23-8 is amended to read as follows:
23-9 (a) The board may select and lease a portion of the campus
23-10 to the Texas National Guard for the purpose of erecting an armory
23-11 and other buildings suitable for use by the Texas National Guard.
23-12 The board may enter into a lease contract with the Texas Military
23-13 Facilities Commission [National Guard Armory Board] on terms which
23-14 are suitable and satisfactory to the board for a term of not more
23-15 than 99 years.
23-16 SECTION 4. Subsections (a), (b), and (c), Section 431.030,
23-17 Government Code, are amended to read as follows:
23-18 (a) Except as provided by Subsection (b), the adjutant
23-19 general, for and on behalf of the state, may lease from the Texas
23-20 Military Facilities Commission [National Guard Armory Board] a
23-21 building, its site, and the equipment in it, as provided by Section
23-22 435.023, for use as an armory or for another proper purpose. The
23-23 adjutant general may renew the lease.
23-24 (b) If adequate facilities for armory purposes are available
23-25 for rental from the Texas Military Facilities Commission [National
24-1 Guard Armory Board] in or about a municipality, the adjutant
24-2 general may not lease property in or about the municipality for
24-3 those purposes from a person other than the commission [board].
24-4 (c) If all or part of a state-owned Texas National Guard
24-5 camp and the land, improvements, buildings, facilities,
24-6 installations, and personal property connected with the camp are
24-7 designated by the adjutant general as surplus or are in excess of
24-8 the needs of the Texas National Guard or its successors or
24-9 components, the adjutant general, for and on behalf of the state,
24-10 may transfer the property to the Texas Military Facilities
24-11 Commission [National Guard Armory Board] for administration, sale,
24-12 or other proper disposal. Before declaring property as surplus and
24-13 transferring it to the commission [board], the adjutant general may
24-14 remove, sever, dismantle, or exchange all or part of the property
24-15 for the use and benefit of the Texas National Guard or its
24-16 successors.
24-17 SECTION 5. Subsection (c), Section 431.045, Government Code,
24-18 is amended to read as follows:
24-19 (c) The governing body of a county or municipality, on
24-20 behalf of the county or municipality, may donate to the Texas
24-21 Military Facilities Commission [National Guard Armory Board], or to
24-22 a unit for transfer to that commission [board], land for use as a
24-23 site for an armory or other building suitable for use by a unit.
24-24 The donation may be in fee simple or otherwise.
24-25 SECTION 6. Subsection (a), Section 9B, Texas Public Finance
25-1 Authority Act (Article 601d, Vernon's Texas Civil Statutes), is
25-2 amended to read as follows:
25-3 (a) With respect to all bonds authorized to be issued by the
25-4 Texas Military Facilities Commission [National Guard Armory Board],
25-5 Texas National Research Laboratory Commission, Parks and Wildlife
25-6 Department, and all institutions of higher education authorized to
25-7 issue bonds under Chapter 55, Education Code, the authority has the
25-8 exclusive authority to act on behalf of those entities in issuing
25-9 bonds on their behalf. In connection with those issuances and with
25-10 the issuance of refunding bonds on behalf of those entities, the
25-11 authority is subject to all rights, duties, and conditions
25-12 surrounding issuance previously applicable to the issuing entity
25-13 under the statute authorizing the issuance. All references in an
25-14 authorizing statute to the entity on whose behalf the bonds are
25-15 being issued apply equally to the authority in its capacity as
25-16 issuer on behalf of the entity.
25-17 SECTION 7. (a) The name of the Texas National Guard Armory
25-18 Board is changed to the Texas Military Facilities Commission. A
25-19 reference in law to the board means the commission.
25-20 (b) Before using new stationery or other supplies printed
25-21 with the name Texas Military Facilities Commission, the commission
25-22 shall use all stationery and other supplies that are printed with
25-23 the commission's former name and that are in its possession on the
25-24 effective date of this Act.
25-25 SECTION 8. The changes in law made by this Act relating to
26-1 the qualifications of, and the prohibitions applying to, members of
26-2 the Texas Military Facilities Commission do not affect the
26-3 entitlement of a member of the commission serving immediately
26-4 before the effective date of this Act to continue to carry out the
26-5 functions of the commission for the remainder of the member's term.
26-6 The changes in law apply only to a member appointed on or after
26-7 September 1, 1997. This Act does not prohibit a person who is a
26-8 member of the commission on September 1, 1997, from being
26-9 reappointed to the commission if the person has the qualifications
26-10 required for a member under Chapter 435, Government Code, as
26-11 amended by this Act.
26-12 SECTION 9. This Act takes effect September 1, 1997.
26-13 SECTION 10. The importance of this legislation and the
26-14 crowded condition of the calendars in both houses create an
26-15 emergency and an imperative public necessity that the
26-16 constitutional rule requiring bills to be read on three several
26-17 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 352 passed the Senate on
April 10, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 29, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 352 passed the House, with
amendments, on May 22, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor