75R12434 MCK-D
By Armbrister S.B. No. 352
Substitute the following for S.B. No. 352:
By Pitts C.S.S.B. No. 352
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation, functions, and name of the Texas
1-3 National Guard Armory Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Chapter 435, Government Code, is
1-6 amended to read as follows:
1-7 CHAPTER 435. TEXAS MILITARY FACILITIES COMMISSION
1-8 [NATIONAL GUARD ARMORY BOARD]
1-9 SECTION 2. Chapter 435, Government Code, is amended by
1-10 amending Sections 435.001-435.013, 435.021-435.026,
1-11 435.041-435.043, 435.047, and 435.048, and by adding Sections
1-12 435.0043, 435.0044, 435.0045, 435.0095, and 435.014-435.017 to read
1-13 as follows:
1-14 Sec. 435.001. DEFINITIONS. In this subchapter:
1-15 (1) "Bond" includes a debenture or other evidence of
1-16 indebtedness.
1-17 (2) "Commission [Board]" means the Texas Military
1-18 Facilities Commission [National Guard Armory Board].
1-19 Sec. 435.002. COMMISSION [BOARD]. The Texas Military
1-20 Facilities Commission [National Guard Armory Board] is an agency of
1-21 the state.
1-22 Sec. 435.003. APPLICATION OF SUNSET ACT[, OPEN MEETINGS, AND
1-23 ADMINISTRATIVE PROCEDURE LAWS]. [(a)] The Texas Military
1-24 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
2-26 [appointee's] race, color, disability [creed], sex, religion, age,
2-27 or national origin of the appointees.
3-1 (c) A person is not eligible for appointment as a public
3-2 member of the commission if the person or the person's spouse:
3-3 (1) is employed by or participates in the management
3-4 of a business entity or other organization receiving funds from the
3-5 commission;
3-6 (2) owns or controls, directly or indirectly, more
3-7 than a 10 percent interest in a business entity or other
3-8 organization receiving funds from the commission; or
3-9 (3) uses or receives a substantial amount of tangible
3-10 goods, services, or funds from the commission, other than
3-11 compensation or reimbursement authorized by law for commission
3-12 membership, attendance, or expenses.
3-13 (d) A person may not serve as a member of the commission
3-14 [board] if the person holds another office or position of honor,
3-15 trust, or profit under the state or federal government, except as
3-16 a member of the Texas National Guard.
3-17 [(d) A person required to register as a lobbyist under
3-18 Chapter 305 of this code may not serve as a member of the board or
3-19 act as general counsel to the board.]
3-20 Sec. 435.0043. CONFLICTS OF INTERESTS. (a) An officer,
3-21 employee, or paid consultant of a Texas trade association in a
3-22 field related to the operation of the commission may not be a
3-23 member of the commission or an employee of the commission who is
3-24 exempt from the state's position classification plan or is
3-25 compensated at or above the amount prescribed by the General
3-26 Appropriations Act for step 1, salary group 17, of the position
3-27 classification salary schedule.
4-1 (b) A person who is the spouse of an officer, manager, or
4-2 paid consultant of a Texas trade association in a field related to
4-3 the operation of the commission may not be a member of the
4-4 commission and may not be an employee of the commission who is
4-5 exempt from the state's position classification plan or is
4-6 compensated at or above the amount prescribed by the General
4-7 Appropriations Act for step 1, salary group 17, of the position
4-8 classification salary schedule.
4-9 (c) For the purposes of this section, a Texas trade
4-10 association is a nonprofit, cooperative, and voluntarily joined
4-11 association in this state designed to assist its members and its
4-12 industry or profession in dealing with mutual problems and in
4-13 promoting their common interest.
4-14 (d) A person may not serve as a member of the commission or
4-15 act as the general counsel to the commission if the person is
4-16 required to register as a lobbyist under Chapter 305 because of the
4-17 person's activities for compensation on behalf of a profession
4-18 related to the operation of the commission.
4-19 Sec. 435.0044. PRESIDING OFFICER. The governor shall
4-20 designate a member of the commission as the presiding officer of
4-21 the commission to serve in that capacity at the pleasure of the
4-22 governor.
4-23 Sec. 435.0045. COMMISSION MEMBER TRAINING. (a) Before a
4-24 member of the commission may assume the member's duties and before
4-25 the member may be confirmed by the senate, the member must complete
4-26 at least one course of the training program established under this
4-27 section.
5-1 (b) A training program established under this section shall
5-2 provide information to the member regarding:
5-3 (1) the enabling legislation that created the
5-4 commission;
5-5 (2) the programs operated by the commission;
5-6 (3) the role and functions of the commission;
5-7 (4) the rules of the commission with an emphasis on
5-8 the rules that relate to disciplinary and investigatory authority;
5-9 (5) the current budget for the commission;
5-10 (6) the results of the most recent formal audit of the
5-11 commission;
5-12 (7) the requirements of the:
5-13 (A) open meetings law, Chapter 551;
5-14 (B) open records law, Chapter 552; and
5-15 (C) administrative procedure law, Chapter 2001;
5-16 (8) the requirements of the conflict of interest laws
5-17 and other laws relating to public officials; and
5-18 (9) any applicable ethics policies adopted by the
5-19 commission or the Texas Ethics Commission.
5-20 Sec. 435.005. VACANCY; INABILITY TO SERVE. (a) If a member
5-21 of the commission [board] who is a senior [an] officer of the Texas
5-22 National Guard retires from active service with the Texas National
5-23 Guard, the member's position on the commission [board] becomes
5-24 vacant. That [(b) A] vacancy on the commission [board] is filled
5-25 for the unexpired term in the same manner in which the position
5-26 was originally filled [by the person who fills the position in the
5-27 Texas National Guard of the person whose retirement created the
6-1 vacancy. The governor shall certify the officer filling the
6-2 vacancy to the secretary of state, who shall notify the officer of
6-3 the officer's eligibility to fill the vacancy not later than the
6-4 10th day after the date the vacancy occurs. Not later than the
6-5 15th day after the date the officer receives the notice, the
6-6 officer shall qualify by taking and filing with the secretary of
6-7 state the constitutional oath of office. If the officer fails to
6-8 qualify as a member of the board under the state constitution or
6-9 this chapter, the governor shall certify to the secretary of state
6-10 the next senior officer in military rank to qualify].
6-11 (b) [(c)] If a member of the commission [board] who is a
6-12 senior officer [a member] of the Texas National Guard is unable to
6-13 serve as a commission [board] member because of induction into
6-14 federal service of the member or the member's military unit, the
6-15 governor shall fill the position in the same manner in which the
6-16 position was originally filled, and [designate the next senior
6-17 officer of the Texas National Guard as] the member's successor [in
6-18 function] on the commission serves [board] for the period of the
6-19 induction into federal service. The successor shall qualify as a
6-20 member of the commission [board].
6-21 Sec. 435.006. REMOVAL. (a) It is a ground for removal from
6-22 the commission [board] if a member:
6-23 (1) does not have at the time of appointment the
6-24 qualifications required by Sections 435.004(a) and (c);
6-25 (2) does not maintain during service on the commission
6-26 the qualifications required by Sections 435.004(a) and (c);
6-27 (3) violates a prohibition established by Section
7-1 435.004(d) or 435.0043;
7-2 (4) cannot because of illness or disability discharge
7-3 the member's duties for a substantial part of the term for which
7-4 the member is appointed; or
7-5 (5) is absent from more than half of the regularly
7-6 scheduled commission meetings that the member is eligible to attend
7-7 during a calendar year unless the absence is excused by majority
7-8 vote of the commission [fails to attend at least one-half of the
7-9 regularly scheduled board meetings held in a calendar year,
7-10 excluding meetings held while the person was not a member].
7-11 (b) The validity of an action of the commission is not
7-12 affected by the fact that it is taken when a ground for removal of
7-13 a commission member exists.
7-14 (c) If the executive director has knowledge that a potential
7-15 ground for removal exists, the executive director shall notify the
7-16 presiding officer of the commission of the potential ground. The
7-17 presiding officer shall then notify the governor and the attorney
7-18 general that a potential ground for removal exists. If the
7-19 potential ground for removal involves the presiding officer, the
7-20 executive director shall notify the next highest officer of the
7-21 commission, who shall notify the governor and the attorney general
7-22 that a potential ground for removal exists.
7-23 Sec. 435.007. TERM AND OFFICERS. (a) The term of office of
7-24 a commission [board] member is six years without regard to the
7-25 organizational structure of the Texas National Guard.
7-26 (b) The commission [board] annually shall elect a [chairman
7-27 and] treasurer from among its members.
8-1 Sec. 435.008. Per Diem and Expenses. (a) A member is
8-2 entitled to a per diem as set by legislative appropriation for each
8-3 day that the member engages in the business of the commission
8-4 [board].
8-5 (b) A member may not receive compensation for meals,
8-6 lodging, or other travel expenses, except that the member is
8-7 entitled to compensation for transportation expenses as provided by
8-8 the General Appropriations Act.
8-9 Sec. 435.009. PERSONNEL. (a) The commission [board] may
8-10 employ an executive director [secretary] and other officials,
8-11 counsel, agents, and employees as necessary to carry out the
8-12 commission's [board's] purposes and duties, and may prescribe their
8-13 duties and fix their compensation.
8-14 (b) The executive director [secretary] or the executive
8-15 director's [secretary's] designee shall develop an intra-agency [a]
8-16 career ladder program that addresses opportunities for mobility and
8-17 advancement for employees within the commission [agency]. The
8-18 program shall [must] require intra-agency posting of all positions
8-19 concurrently with any public posting [that openings in all
8-20 positions except entry level positions be posted within the board
8-21 for at least 10 days before they are posted for the public].
8-22 (c) The executive director [secretary] or the executive
8-23 director's [secretary's] designee shall develop a system of annual
8-24 performance evaluations that are based on documented employee
8-25 performance [evaluation based on measurable job tasks]. All merit
8-26 pay for commission employees must be based on the system
8-27 established under this subsection [Merit pay for board employees
9-1 shall be based on this system].
9-2 (d) The executive director or the executive director's
9-3 designee shall provide to members of the commission and to agency
9-4 employees, as often as necessary, information regarding their
9-5 qualification for office or employment under this chapter and their
9-6 responsibilities under applicable laws relating to standards of
9-7 conduct for state officers or employees.
9-8 (e) The commission shall develop and implement policies that
9-9 clearly separate the policymaking responsibilities of the
9-10 commission and the management responsibilities of the executive
9-11 director and the staff of the commission.
9-12 Sec. 435.0095. EQUAL EMPLOYMENT OPPORTUNITY POLICY
9-13 STATEMENT. (a) The executive director or the executive director's
9-14 designee shall prepare and maintain a written policy statement to
9-15 assure implementation of a program of equal employment opportunity
9-16 under which all personnel transactions are made without regard to
9-17 race, color, disability, sex, religion, age, or national origin.
9-18 The policy statement must include:
9-19 (1) personnel policies, including policies relating to
9-20 recruitment, evaluation, selection, appointment, training, and
9-21 promotion of personnel that are in compliance with requirements of
9-22 Chapter 21, Labor Code;
9-23 (2) a comprehensive analysis of the commission
9-24 workforce that meets federal and state laws, rules, regulations,
9-25 and instructions directly promulgated from those laws, rules, and
9-26 regulations;
9-27 (3) procedures by which a determination can be made
10-1 about the extent of underuse in the commission workforce of all
10-2 persons for whom federal or state laws, rules, regulations, and
10-3 instructions directly promulgated from those laws, rules, and
10-4 regulations encourage a more equitable balance; and
10-5 (4) reasonable methods to appropriately address those
10-6 areas of underuse.
10-7 (b) A policy statement prepared under Subsection (a) must
10-8 cover an annual period, be updated annually and reviewed by the
10-9 Commission on Human Rights for compliance with Subsection (a)(1),
10-10 and be filed with the governor's office.
10-11 (c) The governor's office shall deliver a biennial report to
10-12 the legislature based on the information received under Subsection
10-13 (b). The report may be made separately or as a part of other
10-14 biennial reports made to the legislature.
10-15 Sec. 435.010. Headquarters. The commission [board] shall
10-16 maintain a headquarters in Travis County.
10-17 Sec. 435.011. RULES; ACTIONS OF THE COMMISSION [BOARD]. (a)
10-18 The commission [board] may adopt necessary rules for carrying out
10-19 its business and may adopt reasonable methods to accomplish its
10-20 purposes. This chapter shall be construed liberally to effect
10-21 those purposes.
10-22 (b) The commission [board] shall act by resolution adopted
10-23 at a meeting held according to its rules.
10-24 Sec. 435.012. RECORDS; AUDIT; REPORT. (a) The commission
10-25 [board] shall keep accurate minutes of its meetings and shall keep
10-26 accurate records and books of account that conform with approved
10-27 methods of accounting and that clearly reflect the income and
11-1 expenses of the commission [board] and all transactions in relation
11-2 to its property.
11-3 (b) The financial transactions of the commission [board] are
11-4 subject to audit by the state auditor in accordance with Chapter
11-5 321[, Government Code].
11-6 (c) The executive director shall prepare annually [On or
11-7 before January 1 of each year, the board shall make in writing to
11-8 the governor and the presiding officer of each house of the
11-9 legislature] a complete and detailed written report accounting for
11-10 all funds received and disbursed by the commission [board] during
11-11 the preceding fiscal year. The annual report must meet the
11-12 reporting requirements applicable to financial reporting provided
11-13 in the General Appropriations Act.
11-14 Sec. 435.013. General Powers. (a) The commission is the
11-15 exclusive authority for the construction, repair, and maintenance
11-16 of National Guard armories, facilities, and improvements owned by
11-17 the state located on commission property. The commission [board]
11-18 is a public authority and a body politic and corporate and has all
11-19 powers necessary for the acquisition, construction, rental,
11-20 control, maintenance, [and] operation, and disposition of Texas
11-21 National Guard or Texas State Guard facilities and real property
11-22 [armories], including all property and equipment necessary or
11-23 useful in connection with the facilities [armories].
11-24 (b) The commission [board] may:
11-25 (1) sue and be sued;
11-26 (2) enter into contracts in connection with any matter
11-27 within its purposes or duties; and
12-1 (3) have and use a corporate seal.
12-2 Sec. 435.014. PUBLIC HEARINGS. The commission shall develop
12-3 and implement policies that provide the public with a reasonable
12-4 opportunity to appear before the commission and to speak on any
12-5 issue under the jurisdiction of the commission.
12-6 Sec. 435.015. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
12-7 (a) The commission shall prepare information of public interest
12-8 describing the functions of the commission and the procedures by
12-9 which complaints are filed with and resolved by the commission.
12-10 The commission shall make the information available to the public
12-11 and appropriate state agencies.
12-12 (b) The commission by rule shall establish methods by which
12-13 consumers and service recipients are notified of the name, mailing
12-14 address, and telephone number of the commission for the purpose of
12-15 directing complaints to the commission relating to building
12-16 maintenance or agency performance. The commission may provide for
12-17 that notification on a sign prominently displayed in each building
12-18 under the jurisdiction of the commission.
12-19 (c) The commission shall keep a file about each written
12-20 complaint filed with the commission that the agency has authority
12-21 to resolve. The commission shall provide to the person filing the
12-22 complaint and the persons or entities complained about the
12-23 commission's policies and procedures pertaining to complaint
12-24 investigation and resolution. The commission, at least quarterly
12-25 and until final disposition of the complaint, shall notify the
12-26 person filing the complaint and the persons or entities complained
12-27 about of the status of the complaint unless the notice would
13-1 jeopardize an undercover investigation.
13-2 (d) The commission shall keep information about each
13-3 complaint filed with the commission. The information shall
13-4 include:
13-5 (1) the date the complaint is received;
13-6 (2) the name of the complainant;
13-7 (3) the subject matter of the complaint;
13-8 (4) a record of all persons contacted in relation to
13-9 the complaint;
13-10 (5) a summary of the results of the review or
13-11 investigation of the complaint; and
13-12 (6) for complaints for which the agency took no
13-13 action, an explanation of the reason the complaint was closed
13-14 without action.
13-15 Sec. 435.016. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
13-16 money paid to the commission under this chapter, except that money
13-17 directly related to bonds used to build, renovate, or modify
13-18 National Guard armories, is subject to Subchapter F, Chapter 404.
13-19 Sec. 435.017. PROGRAM AND FACILITY ACCESSIBILITY. The
13-20 commission shall comply with federal and state laws related to
13-21 program and facility accessibility. The executive director shall
13-22 also prepare and maintain a written plan that describes how a
13-23 person who does not speak English can be provided reasonable access
13-24 to commission programs and services.
13-25 Sec. 435.021. Acquisition; Management; Pledge of Rents,
13-26 Issues, and Profits. (a) The commission [board] by gift, lease,
13-27 or purchase may acquire real and personal property, including
14-1 leasehold estates in real property, for use for any purpose the
14-2 commission [board] considers necessary in connection with the Texas
14-3 National Guard or for the use of units of the Texas National Guard.
14-4 (b) The commission [board] by gift, purchase, or
14-5 construction may acquire furniture and equipment suitable for
14-6 facility [armory] purposes.
14-7 (c) The commission [board] may hold, manage, [and] maintain,
14-8 lease, or sell its property and may pledge all or part of the
14-9 rents, issues, and profits of the property.
14-10 Sec. 435.022. Construction; Furnishing and Equipment. (a)
14-11 The commission [board] may construct buildings on its real
14-12 property, whether held in fee simple or otherwise. The commission
14-13 [board] may furnish and equip the buildings.
14-14 (b) The commission [board] may construct a building on land
14-15 comprising a state camp only on a site selected and described by a
14-16 board of officers. The adjutant general shall select the officers
14-17 from time to time for that purpose. The officers shall select and
14-18 describe the site promptly after request by the commission [board]
14-19 to the adjutant general. The site may not exceed 200,000 square
14-20 feet. The officers shall certify the description to the commission
14-21 [board] and furnish a copy of it to the adjutant general, who shall
14-22 preserve it in the adjutant general's office. If the commission
14-23 [board] constructs a building on the site selected and described,
14-24 the site becomes the property of the commission [board] for all
14-25 purposes of this chapter as if the site had been acquired by gift
14-26 to or purchase by the commission [board].
14-27 Sec. 435.023. Lease of Property. (a) The commission
15-1 [board] may execute and deliver a lease that leases to the state a
15-2 building, its site, and the equipment in it. The adjutant general
15-3 shall execute the lease for the state as provided by Section
15-4 431.030. The commission [board] shall determine a lawful term of
15-5 the lease and may renew the lease from time to time.
15-6 (b) The commission [board] may make the annual rent charged
15-7 the state under the lease payable in installments. The amount of
15-8 the rent must be sufficient to:
15-9 (1) provide for the operation and maintenance of the
15-10 property;
15-11 (2) pay the interest on, provide for the retirement
15-12 of, and pay the expenses related to the issuance of, any bonds
15-13 issued to acquire, construct, or equip the property; and
15-14 (3) pay the commission's [board's] necessary expenses
15-15 not otherwise provided for.
15-16 (c) The commission [board] may lease the property to any
15-17 person under terms the commission [board] determines if the state
15-18 fails or refuses to:
15-19 (1) lease the property;
15-20 (2) renew an existing lease at the rent provided to be
15-21 paid; or
15-22 (3) pay the rent required in the lease.
15-23 (d) The law requiring notice and competitive bids does not
15-24 apply to a lease under this section.
15-25 (e) For the purposes of this section the term "lease"
15-26 includes "sublease."
15-27 Sec. 435.024. Transfer to State. When property that the
16-1 commission [board] owns is fully paid for and free of liens, and
16-2 all obligations incurred in connection with the acquisition and
16-3 construction of the property have been fully paid, the commission
16-4 [board] may donate and transfer the property to the state by
16-5 appropriate instruments of transfer. The instruments of transfer
16-6 shall be kept in the custody of the adjutant general's department.
16-7 Sec. 435.025. COMMISSION [TEXAS NATIONAL GUARD] PROPERTY.
16-8 (a) When property that the commission owns is fully paid for and
16-9 free of liens, and all obligations incurred in connection with the
16-10 acquisition and construction of the property have been fully paid,
16-11 the commission may properly dispose of the property if:
16-12 (1) the property is designated by the commission and
16-13 the adjutant general as surplus; and
16-14 (2) the disposal is in the best interests of the
16-15 commission and the Texas National Guard and its components or
16-16 successors.
16-17 (b) The commission [board] may receive from the adjutant
16-18 general a state-owned national guard camp and all the land,
16-19 improvements, and personal property connected with it. The
16-20 commission [board] may:
16-21 (1) administer the property with its other property;
16-22 or
16-23 (2) properly dispose of the property if:
16-24 (A) the property is designated by the commission
16-25 [board] and adjutant general as surplus; and
16-26 (B) the disposal is in the best interests of the
16-27 Texas National Guard and [or] its components or successors.
17-1 (c) [(b)] To accomplish the purposes of Subsections
17-2 [Subsection] (a) and (b), the commission [board] may remove,
17-3 dismantle, or sever any of the property or authorize its removal,
17-4 dismantling, or severance.
17-5 (d) [(c)] If property under this section is designated for
17-6 sale, the commission [board] shall sell it to the highest bidder
17-7 for cash. The board may reject any or all bids.
17-8 (e) If property under this section is designated for
17-9 exchange, the commission may exchange the property for one or more
17-10 parcels of land equal to or exceeding the value of the
17-11 commission-owned property.
17-12 (f) A [(d) Except as provided by Subsection (e)(1), a]
17-13 sale, [or] deed, or exchange made under this section must reserve
17-14 to the state a one-sixteenth mineral interest free of cost of
17-15 production.
17-16 (g) [(e)] The commission [board] may:
17-17 (1) reconvey to the original grantor or donor all
17-18 rights, title, and interests, including mineral interests, to all
17-19 or part of the land conveyed by that person; and
17-20 (2) convey to the original grantor or donor, on a
17-21 negotiated basis at fair market value, improvements constructed on
17-22 the land reconveyed.
17-23 (h) [(f)] The commission [board] shall deposit proceeds of
17-24 sales under this section in the state treasury to the credit of the
17-25 commission [board] for the use and benefit of the Texas National
17-26 Guard or its components or successors.
17-27 Sec. 435.026. Tax Status of Property. Property held by the
18-1 commission [board] and rents, issues, and profits of the property
18-2 are exempt from taxation by the state, a municipality, a county or
18-3 other political subdivision, or a taxing district of the state.
18-4 Sec. 435.041. Borrowing Money; Issuing and Selling Bonds.
18-5 (a) The commission [board] from time to time may borrow money and
18-6 may request the Texas Public Finance Authority, on behalf of the
18-7 commission [board], to issue and sell fully negotiable bonds to
18-8 acquire one or more building sites or buildings or to construct,
18-9 remodel, repair, or equip one or more buildings.
18-10 (b) The Texas Public Finance Authority may sell the bonds in
18-11 any manner it determines to be in the best interest of the
18-12 commission [board], except that it may not sell a bond that has not
18-13 been approved by the attorney general and registered with the
18-14 comptroller. The Texas Public Finance Authority is subject to all
18-15 rights, duties, and conditions set forth in this subchapter with
18-16 respect to the issuance of bonds by the commission [board],
18-17 including the issuance of refunding bonds under Section 435.048.
18-18 Sec. 435.042. Form. (a) The bonds must be signed by the
18-19 commission's presiding officer [board's chairman] and countersigned
18-20 by its treasurer. The commission's [board's] corporate seal must
18-21 be affixed to the bonds and attested by the commission's [board's]
18-22 executive director [secretary]. The commission [board] is not
18-23 prohibited from issuing bonds signed or attested by a commission
18-24 [board] officer because the officer ceased to be an officer before
18-25 the bonds were issued.
18-26 (b) The commission [board] may issue bonds in:
18-27 (1) fully registered form without interest coupons;
19-1 (2) coupon form registrable as to principal only; or
19-2 (3) bearer form with coupons attached.
19-3 (c) Coupons must be authenticated by the facsimile signature
19-4 of the commission's [board's] treasurer.
19-5 (d) The commission [board] may issue bonds in series. All
19-6 series of bonds issued under the same trust indenture or trust
19-7 agreement must rank equally without preference or priority of one
19-8 series over another.
19-9 Sec. 435.043. Security and Repayment. (a) Except as
19-10 provided by Subsection (b), the bonds must be secured by a pledge
19-11 of, and payable solely from, the rents, issues, and profits of:
19-12 (1) all commission [board] property; or
19-13 (2) property the commission [board] acquires or
19-14 constructs, in whole or part, with the proceeds of the sale of the
19-15 bonds.
19-16 (b) Interest due not later than two years after the date
19-17 bonds or a series of bonds are issued and sold may be paid from the
19-18 proceeds of the sale of the bonds.
19-19 Sec. 435.047. Trust Deeds and Trust Agreements. (a) The
19-20 commission [board] may from time to time execute and deliver trust
19-21 deeds and trust agreements. The trustee under a trust deed or
19-22 trust agreement must be a bank or trust company authorized by the
19-23 laws of this state or the United States to accept and execute
19-24 trusts in this state, or an individual selected by the commission
19-25 [board]. The commission [board] shall select the trustee on the
19-26 basis of written competitive bids.
19-27 (b) The trust deed or trust agreement must be signed in the
20-1 name and on behalf of the commission [board] by the commission's
20-2 presiding officer [board's chairman] and countersigned by the
20-3 commission's [board's] treasurer. The corporate seal of the
20-4 commission [board] must be affixed to the trust deed or agreement
20-5 and attested by the commission's [board's] executive director
20-6 [secretary].
20-7 (c) The trust deed or trust agreement may contain provisions
20-8 approved by the commission [board] for the protection and
20-9 enforcement of the rights and remedies of the trustee and the
20-10 holders of the bonds, including provisions for the acceleration of
20-11 the maturity of the bonds on default by the commission [board] on
20-12 the bonds or the trust deed or trust agreement under which they
20-13 were issued. The trust deed or trust agreement must equally secure
20-14 all bonds issued under it. The trust deed or trust agreement may
20-15 limit or place conditions on the commission's [board's] right to
20-16 issue additional bonds.
20-17 (d) If a bank or trust company is named as trustee, the
20-18 trust deed or trust agreement may provide for deposit with and
20-19 disbursement by the trustee of proceeds of the bonds issued under
20-20 or secured by the trust deed or trust agreement and rents, issues,
20-21 and profits of all property acquired or constructed from those
20-22 proceeds.
20-23 Sec. 435.048. Refunding Bonds. (a) The commission [board]
20-24 may request the Texas Public Finance Authority to issue refunding
20-25 bonds to refund any outstanding bonds that the commission [board],
20-26 or the Texas Public Finance Authority on behalf of the commission
20-27 [board], has lawfully issued, and interest on the bonds. The Texas
21-1 Public Finance Authority may issue the refunding bonds in exchange
21-2 or substitution for outstanding bonds or may sell the refunding
21-3 bonds and use the proceeds to pay or redeem outstanding bonds.
21-4 (b) If refunding bonds are sold, they may be sold in an
21-5 amount necessary to:
21-6 (1) pay principal of, interest on, and premium, if
21-7 any, of the bonds being refunded;
21-8 (2) make a deposit in a reserve fund as provided in
21-9 the resolution authorizing the refunding bonds; and
21-10 (3) pay expenses incurred in the issuance, sale, and
21-11 delivery of the refunding bonds.
21-12 (c) Until refunding bond proceeds are needed for purposes
21-13 under Subsection (b), the commission [board] may invest them in
21-14 direct obligations of the United States, and may use or pledge the
21-15 income from the investments as provided in the resolution
21-16 authorizing the refunding bonds.
21-17 (d) In addition to the authority provided by this section,
21-18 the commission [board] may refund its outstanding bonds according
21-19 to applicable general law.
21-20 SECTION 3. Section 109.47(a), Education Code, is amended to
21-21 read as follows:
21-22 (a) The board may select and lease a portion of the campus
21-23 to the Texas National Guard for the purpose of erecting an armory
21-24 and other buildings suitable for use by the Texas National Guard.
21-25 The board may enter into a lease contract with the Texas Military
21-26 Facilities Commission [National Guard Armory Board] on terms which
21-27 are suitable and satisfactory to the board for a term of not more
22-1 than 99 years.
22-2 SECTION 4. Sections 431.030(a), (b), and (c), Government
22-3 Code, are amended to read as follows:
22-4 (a) Except as provided by Subsection (b), the adjutant
22-5 general, for and on behalf of the state, may lease from the Texas
22-6 Military Facilities Commission [National Guard Armory Board] a
22-7 building, its site, and the equipment in it, as provided by Section
22-8 435.023, for use as an armory or for another proper purpose. The
22-9 adjutant general may renew the lease.
22-10 (b) If adequate facilities for armory purposes are available
22-11 for rental from the Texas Military Facilities Commission [National
22-12 Guard Armory Board] in or about a municipality, the adjutant
22-13 general may not lease property in or about the municipality for
22-14 those purposes from a person other than the commission [board].
22-15 (c) If all or part of a state-owned Texas National Guard
22-16 camp and the land, improvements, buildings, facilities,
22-17 installations, and personal property connected with the camp are
22-18 designated by the adjutant general as surplus or are in excess of
22-19 the needs of the Texas National Guard or its successors or
22-20 components, the adjutant general, for and on behalf of the state,
22-21 may transfer the property to the Texas Military Facilities
22-22 Commission [National Guard Armory Board] for administration, sale,
22-23 or other proper disposal. Before declaring property as surplus and
22-24 transferring it to the commission [board], the adjutant general may
22-25 remove, sever, dismantle, or exchange all or part of the property
22-26 for the use and benefit of the Texas National Guard or its
22-27 successors.
23-1 SECTION 5. Section 431.045(c), Government Code, is amended
23-2 to read as follows:
23-3 (c) The governing body of a county or municipality, on
23-4 behalf of the county or municipality, may donate to the Texas
23-5 Military Facilities Commission [National Guard Armory Board], or to
23-6 a unit for transfer to that commission [board], land for use as a
23-7 site for an armory or other building suitable for use by a unit.
23-8 The donation may be in fee simple or otherwise.
23-9 SECTION 6. Section 9B(a), Texas Public Finance Authority Act
23-10 (Article 601d, Vernon's Texas Civil Statutes), is amended to read
23-11 as follows:
23-12 (a) With respect to all bonds authorized to be issued by the
23-13 Texas Military Facilities Commission [National Guard Armory Board],
23-14 Texas National Research Laboratory Commission, Parks and Wildlife
23-15 Department, and all institutions of higher education authorized to
23-16 issue bonds under Chapter 55, Education Code, the authority has the
23-17 exclusive authority to act on behalf of those entities in issuing
23-18 bonds on their behalf. In connection with those issuances and with
23-19 the issuance of refunding bonds on behalf of those entities, the
23-20 authority is subject to all rights, duties, and conditions
23-21 surrounding issuance previously applicable to the issuing entity
23-22 under the statute authorizing the issuance. All references in an
23-23 authorizing statute to the entity on whose behalf the bonds are
23-24 being issued apply equally to the authority in its capacity as
23-25 issuer on behalf of the entity.
23-26 SECTION 7. (a) The name of the Texas National Guard Armory
23-27 Board is changed to the Texas Military Facilities Commission. A
24-1 reference in law to the board means the commission.
24-2 (b) Before using new stationery or other supplies printed
24-3 with the name Texas Military Facilities Commission, the commission
24-4 shall use all stationery and other supplies that are printed with
24-5 the commission's former name and that are in its possession on the
24-6 effective date of this Act.
24-7 SECTION 8. The changes in law made by this Act relating to
24-8 the qualifications of, and the prohibitions applying to, members of
24-9 the Texas Military Facilities Commission do not affect the
24-10 entitlement of a member of the commission serving immediately
24-11 before the effective date of this Act to continue to carry out the
24-12 functions of the commission for the remainder of the member's term.
24-13 The changes in law apply only to a member appointed on or after
24-14 September 1, 1997. This Act does not prohibit a person who is a
24-15 member of the commission on September 1, 1997, from being
24-16 reappointed to the commission if the person has the qualifications
24-17 required for a member under Chapter 435, Government Code, as
24-18 amended by this Act.
24-19 SECTION 9. This Act takes effect September 1, 1997.
24-20 SECTION 10. The importance of this legislation and the
24-21 crowded condition of the calendars in both houses create an
24-22 emergency and an imperative public necessity that the
24-23 constitutional rule requiring bills to be read on three several
24-24 days in each house be suspended, and this rule is hereby suspended.