1-1 By: Nixon S.B. No. 835 1-2 (In the Senate - Filed February 27, 1997; March 4, 1997, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 22, 1997, reported favorably, as amended, by the following 1-5 vote: Yeas 13, Nays 0; April 22, 1997, sent to printer.) 1-6 COMMITTEE AMENDMENT NO. 1 By: Nixon 1-7 Amend S.B. No. 835 as follows: 1-8 (1) On page 1, line 48, insert the following after "person" 1-9 and before "who": 1-10 ", other than a state agency," 1-11 (2) On page 1, line 52, insert the following after "grant.": 1-12 "A state agency shall give notice through publication in the 1-13 Texas Register." 1-14 (3) On page 1, line 54, delete "person applies for the loan 1-15 or grant." and insert the following after "the": 1-16 "state agency takes action on the loan or grant application." 1-17 (4) On page 2, line 3, delete "person applies for the loan 1-18 or grant." and insert the following after "the": 1-19 "state agency takes action on the loan or grant application." 1-20 A BILL TO BE ENTITLED 1-21 AN ACT 1-22 relating to public notice of intent to apply for certain loans or 1-23 grants from a state agency. 1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-25 SECTION 1. Subtitle F, Title 10, Government Code, is amended 1-26 by adding Chapter 2259 to read as follows: 1-27 CHAPTER 2259. PUBLIC NOTICE OF INTENT 1-28 TO APPLY FOR LOAN OR GRANT FROM STATE AGENCY 1-29 Sec. 2259.001. NOTICE REQUIRED. (a) A person who intends 1-30 to apply for a loan or grant described by Subsection (b) from a 1-31 state agency must give notice of that intention as prescribed by 1-32 this chapter. 1-33 (b) This chapter applies only to: 1-34 (1) a loan that will be repaid from revenues, other 1-35 than ad valorem taxes, to be received by the person obtaining the 1-36 loan for services the person offers; or 1-37 (2) a grant that, if the person fails to comply with 1-38 all conditions of the grant, may be repaid from revenues, other 1-39 than ad valorem taxes, to be received by the person obtaining the 1-40 grant for services the person offers. 1-41 (c) A state agency may not make a loan or grant to which 1-42 this chapter applies unless the person applying for the loan or 1-43 grant files proof of publication or posting with the agency. 1-44 (d) For purposes of this chapter, services are affected by a 1-45 loan or grant if revenues from the services may be used to repay 1-46 the loan or grant. 1-47 Sec. 2259.002. PUBLICATION OF NOTICE. (a) A person who 1-48 intends to apply for a loan or grant to which this chapter applies 1-49 must publish notice of that intention in a newspaper published in 1-50 each county in which the person offers services that will be 1-51 affected by the loan or grant. 1-52 (b) The notice must be published once not later than the 1-53 30th day before the date on which the person applies for the loan 1-54 or grant. 1-55 (c) If the person offers services that will be affected by 1-56 the loan or grant in more than one county, the person applying for 1-57 the loan or grant must publish notice in each county in which the 1-58 person offers services that will be affected by the loan or grant. 1-59 Sec. 2259.003. POSTING OF NOTICE. (a) If a newspaper is 1-60 not published in the county, the person applying for the loan or 1-61 grant must post the notice at the courthouse door and at five other 1-62 public places in the immediate locality in the county in which the 1-63 person offers services that will be affected by the loan or grant. 1-64 (b) The notice must be posted for at least 30 days before 2-1 the date on which the person applies for the loan or grant. 2-2 Sec. 2259.004. CONTENTS OF NOTICE. The notice must identify 2-3 the state agency with which the person will apply for the loan or 2-4 grant and must contain a statement of the general purpose of and 2-5 the amount of the loan or grant for which the person will apply. 2-6 Sec. 2259.005. COST OF PUBLICATION OR POSTING. The person 2-7 who intends to apply for a loan or grant shall pay the cost of 2-8 publication or posting the notice. 2-9 Sec. 2259.006. PROOF OF PUBLICATION OR POSTING. (a) Proof 2-10 of publication shall be made by the affidavit of the publisher 2-11 accompanied by a printed copy of the notice as published. 2-12 (b) Proof of posting may be made by the return of the 2-13 sheriff or constable or by the affidavit of a credible person made 2-14 on a copy of the posted notice showing the fact of the posting. 2-15 SECTION 2. This Act takes effect September 1, 1997. 2-16 SECTION 3. Chapter 2259, Government Code, as added by this 2-17 Act, applies only to an application for a loan or grant from a 2-18 state agency that is filed on or after September 1, 1997. 2-19 SECTION 4. The importance of this legislation and the 2-20 crowded condition of the calendars in both houses create an 2-21 emergency and an imperative public necessity that the 2-22 constitutional rule requiring bills to be read on three several 2-23 days in each house be suspended, and this rule is hereby suspended. 2-24 * * * * *