By: Nixon S.B. No. 835 A BILL TO BE ENTITLED AN ACT 1-1 relating to public notice of intent to apply for certain loans or 1-2 grants from a state agency. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle F, Title 10, Government Code, is amended 1-5 by adding Chapter 2259 to read as follows: 1-6 CHAPTER 2259. PUBLIC NOTICE OF INTENT 1-7 TO APPLY FOR LOAN OR GRANT FROM STATE AGENCY 1-8 Sec. 2259.001. NOTICE REQUIRED. (a) A person who intends 1-9 to apply for a loan or grant described by Subsection (b) from a 1-10 state agency must give notice of that intention as prescribed by 1-11 this chapter. 1-12 (b) This chapter applies only to: 1-13 (1) a loan that will be repaid from revenues, other 1-14 than ad valorem taxes, to be received by the person obtaining the 1-15 loan for services the person offers; or 1-16 (2) a grant that, if the person fails to comply with 1-17 all conditions of the grant, may be repaid from revenues, other 1-18 than ad valorem taxes, to be received by the person obtaining the 1-19 grant for services the person offers. 1-20 (c) A state agency may not make a loan or grant to which 1-21 this chapter applies unless the person applying for the loan or 1-22 grant files proof of publication or posting with the agency. 1-23 (d) For purposes of this chapter, services are affected by a 2-1 loan or grant if revenues from the services may be used to repay 2-2 the loan or grant. 2-3 Sec. 2259.002. PUBLICATION OF NOTICE. (a) A person, other 2-4 than a state agency, who intends to apply for a loan or grant to 2-5 which this chapter applies must publish notice of that intention in 2-6 a newspaper published in each county in which the person offers 2-7 services that will be affected by the loan or grant. A state 2-8 agency shall give notice through publication in the Texas Register. 2-9 (b) The notice must be published once not later than the 2-10 30th day before the date on which the state agency takes action on 2-11 the loan or grant application. 2-12 (c) If the person offers services that will be affected by 2-13 the loan or grant in more than one county, the person applying for 2-14 the loan or grant must publish notice in each county in which the 2-15 person offers services that will be affected by the loan or grant. 2-16 Sec. 2259.003. POSTING OF NOTICE. (a) If a newspaper is 2-17 not published in the county, the person applying for the loan or 2-18 grant must post the notice at the courthouse door and at five other 2-19 public places in the immediate locality in the county in which the 2-20 person offers services that will be affected by the loan or grant. 2-21 (b) The notice must be posted for at least 30 days before 2-22 the date on which the state agency takes action on the loan or 2-23 grant application. 2-24 Sec. 2259.004. CONTENTS OF NOTICE. The notice must identify 2-25 the state agency with which the person will apply for the loan or 3-1 grant and must contain a statement of the general purpose of and 3-2 the amount of the loan or grant for which the person will apply. 3-3 Sec. 2259.005. COST OF PUBLICATION OR POSTING. The person 3-4 who intends to apply for a loan or grant shall pay the cost of 3-5 publication or posting the notice. 3-6 Sec. 2259.006. PROOF OF PUBLICATION OR POSTING. (a) Proof 3-7 of publication shall be made by the affidavit of the publisher 3-8 accompanied by a printed copy of the notice as published. 3-9 (b) Proof of posting may be made by the return of the 3-10 sheriff or constable or by the affidavit of a credible person made 3-11 on a copy of the posted notice showing the fact of the posting. 3-12 SECTION 2. This Act takes effect September 1, 1997. 3-13 SECTION 3. Chapter 2259, Government Code, as added by this 3-14 Act, applies only to an application for a loan or grant from a 3-15 state agency that is filed on or after September 1, 1997. 3-16 SECTION 4. The importance of this legislation and the 3-17 crowded condition of the calendars in both houses create an 3-18 emergency and an imperative public necessity that the 3-19 constitutional rule requiring bills to be read on three several 3-20 days in each house be suspended, and this rule is hereby suspended.