By: Duncan S.B. No. 721
97S0424/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the issuance of certificates of obligation for the
1-2 payment of a municipality's contractual interests in certain
1-3 utilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 271.045, Local Government Code, is
1-6 amended by adding Subsections (c) and (d) to read as follows:
1-7 (c) The governing body of a municipality may issue
1-8 certificates of obligation to pay all or part of a municipality's
1-9 obligations incurred by contract for interests in and rights to
1-10 water or sewer treatment capacity or electrical generation capacity
1-11 in connection with a water supply and transmission project,
1-12 electrical power or transmission project, or sewer treatment or
1-13 collection project to be constructed in whole or in part on behalf
1-14 of the municipality by another governmental entity or political
1-15 subdivision pursuant to a written agreement expressly authorized
1-16 under Section 402.014 of this code or Section 791.026, Government
1-17 Code, or other similar statute now or hereafter enacted by the
1-18 legislature.
1-19 (d) In exercising its authority to issue certificates of
1-20 obligation for the purposes specified in Subsection (c), the
1-21 municipality must limit the principal amount of certificates to be
1-22 issued for the purpose of funding its contractual obligations to an
1-23 amount equal to (i) the aggregate of the contractual payments or
2-1 the total costs allocated or attributed, under generally accepted
2-2 accounting principles, to the capital costs of the project, as
2-3 opposed to any maintenance or operating costs to be paid under the
2-4 written agreement or (ii) the total cost of the project multiplied
2-5 by the percentage of the nameplate capacity of the project acquired
2-6 or conveyed by the written agreement to the municipality, whichever
2-7 limitation is applicable to the contractual interests or rights
2-8 being conveyed or identified in the written agreement.
2-9 SECTION 2. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.