By Nixon S.B. No. 835
75R5798 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public notice of intent to apply for certain loans or
1-3 grants from a state agency.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle F, Title 10, Government Code, is amended
1-6 by adding Chapter 2259 to read as follows:
1-7 CHAPTER 2259. PUBLIC NOTICE OF INTENT
1-8 TO APPLY FOR LOAN OR GRANT FROM STATE AGENCY
1-9 Sec. 2259.001. NOTICE REQUIRED. (a) A person who intends
1-10 to apply for a loan or grant described by Subsection (b) from a
1-11 state agency must give notice of that intention as prescribed by
1-12 this chapter.
1-13 (b) This chapter applies only to:
1-14 (1) a loan that will be repaid from revenues, other
1-15 than ad valorem taxes, to be received by the person obtaining the
1-16 loan for services the person offers; or
1-17 (2) a grant that, if the person fails to comply with
1-18 all conditions of the grant, may be repaid from revenues, other
1-19 than ad valorem taxes, to be received by the person obtaining the
1-20 grant for services the person offers.
1-21 (c) A state agency may not make a loan or grant to which
1-22 this chapter applies unless the person applying for the loan or
1-23 grant files proof of publication or posting with the agency.
1-24 (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 who
2-4 intends to apply for a loan or grant to which this chapter applies
2-5 must publish notice of that intention in a newspaper published in
2-6 each county in which the person offers services that will be
2-7 affected by the loan or grant.
2-8 (b) The notice must be published once not later than the
2-9 30th day before the date on which the person applies for the loan
2-10 or grant.
2-11 (c) If the person offers services that will be affected by
2-12 the loan or grant in more than one county, the person applying for
2-13 the loan or grant must publish notice in each county in which the
2-14 person offers services that will be affected by the loan or grant.
2-15 Sec. 2259.003. POSTING OF NOTICE. (a) If a newspaper is
2-16 not published in the county, the person applying for the loan or
2-17 grant must post the notice at the courthouse door and at five other
2-18 public places in the immediate locality in the county in which the
2-19 person offers services that will be affected by the loan or grant.
2-20 (b) The notice must be posted for at least 30 days before
2-21 the date on which the person applies for the loan or grant.
2-22 Sec. 2259.004. CONTENTS OF NOTICE. The notice must identify
2-23 the state agency with which the person will apply for the loan or
2-24 grant and must contain a statement of the general purpose of and
2-25 the amount of the loan or grant for which the person will apply.
2-26 Sec. 2259.005. COST OF PUBLICATION OR POSTING. The person
2-27 who intends to apply for a loan or grant shall pay the cost of
3-1 publication or posting the notice.
3-2 Sec. 2259.006. PROOF OF PUBLICATION OR POSTING. (a) Proof
3-3 of publication shall be made by the affidavit of the publisher
3-4 accompanied by a printed copy of the notice as published.
3-5 (b) Proof of posting may be made by the return of the
3-6 sheriff or constable or by the affidavit of a credible person made
3-7 on a copy of the posted notice showing the fact of the posting.
3-8 SECTION 2. This Act takes effect September 1, 1997.
3-9 SECTION 3. Chapter 2259, Government Code, as added by this
3-10 Act, applies only to an application for a loan or grant from a
3-11 state agency that is filed on or after September 1, 1997.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.