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.