AN ACT

 1-1     relating to the management of certain funds by the Veterans' Land

 1-2     Board, to the creation of veterans homes, and to the Veterans' Land

 1-3     Board's entering into bond enhancement agreements for certain

 1-4     bonds.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subsection (b), Section 161.171, Natural

 1-7     Resources Code, is amended to read as follows:

 1-8           (b)  Except as otherwise provided by law, money [Money] in

 1-9     the fund shall be deposited in the State Treasury to the credit of

1-10     the fund.

1-11           SECTION 2.  Subchapter E, Chapter 161, Natural Resources

1-12     Code, is amended by adding Sections 161.1731 and 161.1732 to read

1-13     as follows:

1-14           Sec. 161.1731.  CUSTODY AND INVESTMENT OF ASSETS PENDING

1-15     TRANSACTIONS. With the approval of the comptroller, the board, in

1-16     managing the assets of the fund, pending the completion of an

1-17     investment transaction, may:

1-18                 (1)  select one or more commercial banks, depository

1-19     trust companies, or other entities to serve as a custodian of the

1-20     cash or securities of the fund; and

1-21                 (2)  authorize the custodian to invest cash held under

1-22     Subdivision (1) in the investments determined by the board.

1-23           Sec. 161.1732.  LENDING SECURITIES.  (a)  In managing the

 2-1     assets of the fund, the board may:

 2-2                 (1)  select one or more commercial banks, depository

 2-3     trust companies, or other entities to serve as a custodian of the

 2-4     securities of the fund; and

 2-5                 (2)  authorize the custodian to lend the securities

 2-6     held under Subdivision (1) as provided by this section and by rules

 2-7     adopted by the board.

 2-8           (b)  To be eligible to lend securities under this section, a

 2-9     custodian selected by the board under Subsection (a) must be

2-10     experienced in the operation of a fully secured securities loan

2-11     program and must:

2-12                 (1)  maintain adequate capital in the prudent judgment

2-13     of the board to assure the safety of the securities;

2-14                 (2)  execute an indemnification agreement satisfactory

2-15     in form and content to the board fully indemnifying the board

2-16     against loss resulting from the custodian's operation of a

2-17     securities loan program for the fund's securities; and

2-18                 (3)  require any securities broker or dealer to whom it

2-19     lends securities of the fund to deliver to, and maintain with, the

2-20     custodian collateral in the form of cash or United States

2-21     government securities in an amount equal to at least 100 percent of

2-22     the market value, from time to time, of the loaned securities.

2-23           SECTION 3.  Subsection (b), Section 162.002, Natural

2-24     Resources Code, is amended to read as follows:

2-25           (b)  Except as otherwise provided by law, money [Money] in

 3-1     the fund shall be deposited in the State Treasury to the credit of

 3-2     the fund.

 3-3           SECTION 4.  Subchapter A, Chapter 162, Natural Resources

 3-4     Code, is amended by adding Sections 162.0041 and 162.0042 to read

 3-5     as follows:

 3-6           Sec. 162.0041.  CUSTODY AND INVESTMENT OF ASSETS PENDING

 3-7     TRANSACTIONS. With the approval of the comptroller, the board, in

 3-8     managing the assets of the fund, pending the completion of an

 3-9     investment transaction, may:

3-10                 (1)  select one or more commercial banks, depository

3-11     trust companies, or other entities to serve as a custodian of the

3-12     cash or securities of the fund; and

3-13                 (2)  authorize the custodian to invest cash held under

3-14     Subdivision (1) in the investments determined by the board.

3-15           Sec. 162.0042.  LENDING SECURITIES.  (a)  In managing the

3-16     assets of the fund, the board may:

3-17                 (1)  select one or more commercial banks, depository

3-18     trust companies, or other entities to serve as a custodian of the

3-19     securities of the fund; and

3-20                 (2)  authorize the custodian to lend the securities

3-21     held under Subdivision (1) as provided by this section and by rules

3-22     adopted by the board.

3-23           (b)  To be eligible to lend securities under this section, a

3-24     custodian selected by the board under Subsection (a) must be

3-25     experienced in the operation of a fully secured securities loan

 4-1     program and must:

 4-2                 (1)  maintain adequate capital in the prudent judgment

 4-3     of the board to assure the safety of the securities;

 4-4                 (2)  execute an indemnification agreement satisfactory

 4-5     in form and content to the board fully indemnifying the board

 4-6     against loss resulting from the custodian's operation of a

 4-7     securities loan program for the fund's securities; and

 4-8                 (3)  require any securities broker or dealer to whom it

 4-9     lends securities of the fund to deliver to, and maintain with, the

4-10     custodian collateral in the form of cash or United States

4-11     government securities in an amount equal to at least 100 percent of

4-12     the market value, from time to time, of the loaned securities.

4-13           SECTION 5.  Section 164.002, Natural Resources Code, is

4-14     amended by adding Subdivision (7) to read as follows:

4-15                 (7)  "Veterans home" means a life care facility,

4-16     retirement home, retirement village, home for the aging, or other

4-17     facility that furnishes shelter, food, medical attention, nursing

4-18     services, medical services, social activities, or other personal

4-19     services or attention to veterans.

4-20           SECTION 6.  Section 164.003, Natural Resources Code, is

4-21     amended to read as follows:

4-22           Sec. 164.003.  FINANCIAL ASSISTANCE PROGRAMS.  The board may

4-23     establish one or more programs for providing financial assistance

4-24     to veterans under this chapter.  A program may be limited to the

4-25     purpose of purchasing land, selling land to veterans, [or] making

 5-1     home mortgage loans to veterans, or providing one or more veterans

 5-2     homes.  To the extent a financial assistance program is for the

 5-3     purpose of purchasing land or selling land to veterans, the program

 5-4     shall be administered, to the extent consistent with this chapter

 5-5     and otherwise deemed practicable and desirable by the board, in

 5-6     accordance with the board's Veterans' Land Program.  To the extent

 5-7     a financial assistance program is for the purpose of making home

 5-8     mortgage loans to veterans, the program shall be administered, to

 5-9     the extent consistent with this chapter and otherwise deemed

5-10     practicable and desirable by the board, in accordance with the

5-11     board's Veterans' Housing Assistance Program.

5-12           SECTION 7.  Section 164.004, Natural Resources Code, is

5-13     amended to read as follows:

5-14           Sec. 164.004.  RULES.  The board shall adopt rules providing

5-15     for the administration of its financial assistance programs

5-16     established under this chapter, including rules concerning:

5-17                 (1)  the purchasing of land and the selling of land to

5-18     veterans;

5-19                 (2)  the making of home mortgage loans to veterans;

5-20                 (3)  the use of insurance on land and homes as deemed

5-21     appropriate by the board, as further security for land sold or home

5-22     mortgage loans made;

5-23                 (4)  the criteria for approving lending institutions

5-24     participating in programs;

5-25                 (5)  the terms and conditions of a contract made with a

 6-1     lending institution; [and]

 6-2                 (6)  the construction, acquisition, ownership,

 6-3     operation, maintenance, enlargement, improvement, or furnishing or

 6-4     equipping of veterans homes; and

 6-5                 (7)  other matters as the board deems appropriate.

 6-6           SECTION 8.  Section 164.005, Natural Resources Code, is

 6-7     amended to read as follows:

 6-8           Sec. 164.005.  RIGHTS AND POWERS OF BOARD.  (a)  In

 6-9     connection with the administration of its financial assistance

6-10     programs under this chapter, the board has and may exercise, to the

6-11     extent not inconsistent with this chapter, all the rights and

6-12     powers granted to it by Chapters 161 and 162 of this code relating

6-13     to the administration of the board's Veterans' Land Program and

6-14     Veterans' Housing Assistance Program.

6-15           (b)  In administering any of the board's financial assistance

6-16     programs relating to veterans homes, the board, or the board in

6-17     conjunction with other state or federal agencies, may acquire by

6-18     purchase, gift, devise, lease, or a combination of those methods,

6-19     construct, operate, enlarge, improve, furnish, or equip one or more

6-20     veterans homes.

6-21           (c)  The board may enter into an agreement with any person

6-22     for the management or operation of all or part of a veterans home.

6-23     The board may delegate to the manager the authority to manage the

6-24     center and to employ and discharge employees.

6-25           SECTION 9.  Section 164.009, Natural Resources Code, is

 7-1     amended to read as follows:

 7-2           Sec. 164.009.  SECURITY FOR THE BONDS.  (a)  The bonds issued

 7-3     under this chapter shall be special obligations of the board.  As

 7-4     security for the payment of the bonds, the board may provide for a

 7-5     pledge of and lien on:

 7-6                 (1)  the receipts of all kinds of the veterans' land

 7-7     fund, the veterans' housing assistance fund, and the veterans'

 7-8     housing assistance fund II determined by the board, on the basis of

 7-9     facts, circumstances, and expectations at the time of issuance of

7-10     the bonds, not to be required for the payment of principal of or

7-11     interest on the general obligation bonds issued under  Article III,

7-12     Sections 49-b,  49-b-1, and  49-b-2, of the Texas Constitution or

7-13     to make payments with respect to principal or interest under a bond

7-14     enhancement agreement with respect to the general obligation bonds

7-15     if the bonds are issued to provide funds to purchase land and sell

7-16     land to veterans or to make home mortgage loans to veterans;

7-17                 (2)  the assets of the veterans' land fund, the

7-18     veterans' housing assistance fund, or the veterans' housing

7-19     assistance fund II determined by the board on the basis of facts,

7-20     circumstances, and expectations at the time of issuance of the

7-21     bonds not to be required for the purposes of the fund if the bonds

7-22     are issued to provide funds to purchase land and sell land to

7-23     veterans or to make home mortgage loans to veterans;

7-24                 (3)  the payments and repayments received by the board

7-25     from the board's financial assistance provided under this chapter;

 8-1                 (4)  other program revenues; and

 8-2                 (5)  other available revenues of the board.

 8-3           (b)  The pledge and lien are to be provided for and

 8-4     determined in accordance with the resolution of the board providing

 8-5     for the issuance and sale of the bonds.

 8-6           SECTION 10.  Section 164.010, Natural Resources Code, is

 8-7     amended to read as follows:

 8-8           Sec. 164.010.  BOND ENHANCEMENT AGREEMENTS.  (a)  The board

 8-9     may at any time and from time to time enter into one or more bond

8-10     enhancement agreements that the board deems to be necessary or

8-11     appropriate to place the obligation of the board, as represented by

8-12     the bonds, in whole or in part, on the interest rate, currency,

8-13     cash flow, or other basis desired by the board.  Bond enhancement

8-14     agreements may include, on terms and conditions approved by the

8-15     board, interest rate swap agreements, currency swap agreements,

8-16     forward payment conversion agreements, agreements providing for

8-17     payments based on levels of or changes in interest rates or

8-18     currency exchange rates, agreements to exchange cash flows or a

8-19     series of payments, or agreements including options, puts, or

8-20     calls, to hedge payment, currency, rate, spread, or other exposure.

8-21     A bond enhancement agreement is an agreement for professional

8-22     services and shall contain the terms and conditions and be for the

8-23     period that the board approves.  The cost to the board of the bond

8-24     enhancement agreement may be paid from the proceeds of the sale of

8-25     the bonds to which the bond enhancement agreement relates or from

 9-1     any other source, including the revenues of the board that are

 9-2     available for the purpose of paying the bonds or that may otherwise

 9-3     be available to make those payments.

 9-4           (b)  The resolution of the board authorizing a bond

 9-5     enhancement agreement may authorize one or more designated officers

 9-6     or employees of the board to act on behalf of the board in entering

 9-7     into and delivering the bond enhancement agreement and in

 9-8     determining or setting the counterparty and  terms of the bond

 9-9     enhancement agreement specified in the resolution, except that the

9-10     resolution must set the maximum amount and term for the bond

9-11     enhancement agreement.

9-12           (c)  Unless the board elects otherwise in its approval of a

9-13     bond enhancement agreement, the bond enhancement agreement is not a

9-14     credit agreement for purposes of Chapter 656, Acts of the 68th

9-15     Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas

9-16     Civil Statutes), regardless of whether the bonds relating to the

9-17     bond enhancement agreement were issued in part under that law.

9-18           SECTION 11.  Section 164.011, Natural Resources Code, is

9-19     amended to read as follows:

9-20           Sec. 164.011.  FUNDS.  (a)  In the resolution authorizing the

9-21     issuance of bonds, the board may make additional covenants with

9-22     respect to the bonds and the pledged revenues and may provide for

9-23     the flow of funds and the establishment, maintenance, and

9-24     investment of funds.

9-25           (b)  The funds established may include an interest and

 10-1    sinking fund, a reserve fund, and other funds that will be kept and

 10-2    maintained by or under the direction of the board.

 10-3          (c)  Funds established by the board under this chapter are

 10-4    not to be part of the State Treasury but, at the direction of the

 10-5    board, may be kept and held in escrow and in trust by the state

 10-6    treasurer on behalf of the board and the owners of the bonds and

 10-7    used only as provided by this chapter.

 10-8          (d)  Money in a fund shall be invested in authorized

 10-9    investments as provided by a bond resolution or order of the board.

10-10          (e)  Legal title to money in a fund is in the board unless or

10-11    until paid from the fund as provided by this chapter or the

10-12    resolution authorizing the issuance of the bonds.

10-13          (f)  The board shall select the comptroller or one or more

10-14    commercial banks, depository trust companies, or other entities to

10-15    serve as custodian of the cash or securities of the fund and may

10-16    authorize the custodian to invest the cash in investments as

10-17    determined by the board.

10-18          (g)  In managing the assets of a fund, the board may permit

10-19    the custodian of the fund's securities to lend the securities as

10-20    provided by this section and by rules adopted by the board.

10-21          (h)  To be eligible to lend securities under this section, a

10-22    custodian selected under Subsection (f) must be experienced in the

10-23    operation of a fully secured securities loan program and must:

10-24                (1)  maintain adequate capital in the prudent judgment

10-25    of the board to assure the safety of the securities;

 11-1                (2)  execute an indemnification agreement satisfactory

 11-2    in form and content to the board fully indemnifying the board

 11-3    against loss resulting from the custodian's operation of a

 11-4    securities loan program for the fund's securities; and

 11-5                (3)  require any securities broker or dealer to whom it

 11-6    lends securities of the fund to deliver and maintain with the

 11-7    custodian collateral in the form of cash or United States

 11-8    government securities in an amount equal to at least 100 percent of

 11-9    the market value, from time to time, of the loaned securities.

11-10          (i)  The board shall require the [state treasurer, as]

11-11    custodian or custodians of the fund to[, shall] administer the fund

11-12    solely and strictly as provided by this chapter and the resolution

11-13    authorizing the issuance of the bonds, and the state may not take

11-14    any other action relating to the fund except those specified in

11-15    this chapter and the resolution authorizing the issuance of the

11-16    bonds.

11-17          SECTION 12.  The importance of this legislation and the

11-18    crowded condition of the calendars in both houses create an

11-19    emergency and an imperative public necessity that the

11-20    constitutional rule requiring bills to be read on three several

11-21    days in each house be suspended, and this rule is hereby suspended,

11-22    and that this Act take effect and be in force from and after its

11-23    passage, and it is so enacted.

                                                               S.B. No. 1060

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1060 passed the Senate on

         April 14, 1997, by the following vote:  Yeas 30, Nays 0; and that

         the Senate concurred in House amendment on April 24, 1997, by the

         following vote:  Yeas 29, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1060 passed the House, with

         amendment, on April 22, 1997, by the following vote:  Yeas 143,

         Nays 0, two present not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor