1-1     By:  Patterson, et al.                                S.B. No. 1060

 1-2           (In the Senate - Filed March 10, 1997; March 12, 1997, read

 1-3     first time and referred to Committee on Veteran Affairs and

 1-4     Military Installations; April 9, 1997, reported favorably, as

 1-5     amended, by the following vote:  Yeas 4, Nays 0; April 9, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE AMENDMENT NO. 1                            By:  Patterson

 1-8     Amend S.B. No. 1060 as follows:

 1-9           (1)  On page 1, line 45, insert "With the approval of the

1-10     state comptroller of public accounts," before "The board".

1-11           (2)  On page 1, line 45, change "The board" to "the board".

1-12           (3)  On page 2, line 23, insert "With the approval of the

1-13     state comptroller of public accounts," before "The board".

1-14           (4)  On page 2, line 23, change "The board" to "the board".

1-15     COMMITTEE AMENDMENT NO. 2                            By:  Patterson

1-16     Amend S.B. No. 1060 as follows:

1-17           (1)  On page 2, line 55 replace "Veterans assistance center"

1-18     with "Veterans home"

1-19           (2)  On page 2, line 66-67 replace "veterans assistance

1-20     centers" with "veterans homes"

1-21           (3)  On page 3, line 25 replace "veterans assistance centers"

1-22     with "veterans homes"

1-23           (4)  On page 3, line 37 replace "veterans assistance centers"

1-24     with "veterans homes"

1-25           (5)  On page 3, line 41 replace "veterans assistance centers"

1-26     with "veterans homes"

1-27           (6)  On page 3, line 43-44 replace "veterans assistance

1-28     center" with "veterans home"

1-29                            A BILL TO BE ENTITLED

1-30                                   AN ACT

1-31     relating to the management of certain funds by the Veterans' Land

1-32     Board, to the creation of veterans assistance centers, and to the

1-33     Veterans' Land Board's entering into bond enhancement agreements

1-34     for certain bonds.

1-35           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-36           SECTION 1.  Subsection (b), Section 161.171, Natural

1-37     Resources Code, is amended to read as follows:

1-38           (b)  Except as otherwise provided by law, money [Money] in

1-39     the fund shall be deposited in the State Treasury to the credit of

1-40     the fund.

1-41           SECTION 2.  Subchapter E, Chapter 161, Natural Resources

1-42     Code, is amended by adding Sections 161.1731 and 161.1732 to read

1-43     as follows:

1-44           Sec. 161.1731.  CUSTODY AND INVESTMENT OF ASSETS PENDING

1-45     TRANSACTIONS. The board, in managing the assets of the fund,

1-46     pending the completion of an investment transaction, may:

1-47                 (1)  select one or more commercial banks, depository

1-48     trust companies, or other entities to serve as a custodian of the

1-49     cash or securities of the fund; and

1-50                 (2)  authorize the custodian to invest cash held under

1-51     Subdivision (1) in the investments determined by the board.

1-52           Sec. 161.1732.  LENDING SECURITIES.  (a)  In managing the

1-53     assets of the fund, the board may:

1-54                 (1)  select one or more commercial banks, depository

1-55     trust companies, or other entities to serve as a custodian of the

1-56     securities of the fund; and

1-57                 (2)  authorize the custodian to lend the securities

1-58     held under Subdivision (1) as provided by this section and by rules

1-59     adopted by the board.

1-60           (b)  To be eligible to lend securities under this section, a

1-61     custodian selected by the board under Subsection (a) must be

1-62     experienced in the operation of a fully secured securities loan

1-63     program and must:

1-64                 (1)  maintain adequate capital in the prudent judgment

 2-1     of the board to assure the safety of the securities;

 2-2                 (2)  execute an indemnification agreement satisfactory

 2-3     in form and content to the board fully indemnifying the board

 2-4     against loss resulting from the custodian's operation of a

 2-5     securities loan program for the fund's securities; and

 2-6                 (3)  require any securities broker or dealer to whom it

 2-7     lends securities of the fund to deliver to, and maintain with, the

 2-8     custodian collateral in the form of cash or United States

 2-9     government securities in an amount equal to at least 100 percent of

2-10     the market value, from time to time, of the loaned securities.

2-11           SECTION 3.  Subsection (b), Section 162.002, Natural

2-12     Resources Code, is amended to read as follows:

2-13           (b)  Except as otherwise provided by law, money [Money] in

2-14     the fund shall be deposited in the State Treasury to the credit of

2-15     the fund.

2-16           SECTION 4.  Subchapter A, Chapter 162, Natural Resources

2-17     Code, is amended by adding Sections 162.0041 and 162.0042 to read

2-18     as follows:

2-19           Sec. 162.0041.  CUSTODY AND INVESTMENT OF ASSETS PENDING

2-20     TRANSACTIONS. The board, in managing the assets of the fund,

2-21     pending the completion of an investment transaction, may:

2-22                 (1)  select one or more commercial banks, depository

2-23     trust companies, or other entities to serve as a custodian of the

2-24     cash or securities of the fund; and

2-25                 (2)  authorize the custodian to invest cash held under

2-26     Subdivision (1) in the investments determined by the board.

2-27           Sec. 162.0042.  LENDING SECURITIES.  (a)  In managing the

2-28     assets of the fund, the board may:

2-29                 (1)  select one or more commercial banks, depository

2-30     trust companies, or other entities to serve as a custodian of the

2-31     securities of the fund; and

2-32                 (2)  authorize the custodian to lend the securities

2-33     held under Subdivision (1) as provided by this section and by rules

2-34     adopted by the board.

2-35           (b)  To be eligible to lend securities under this section, a

2-36     custodian selected by the board under Subsection (a) must be

2-37     experienced in the operation of a fully secured securities loan

2-38     program and must:

2-39                 (1)  maintain adequate capital in the prudent judgment

2-40     of the board to assure the safety of the securities;

2-41                 (2)  execute an indemnification agreement satisfactory

2-42     in form and content to the board fully indemnifying the board

2-43     against loss resulting from the custodian's operation of a

2-44     securities loan program for the fund's securities; and

2-45                 (3)  require any securities broker or dealer to whom it

2-46     lends securities of the fund to deliver to, and maintain with, the

2-47     custodian collateral in the form of cash or United States

2-48     government securities in an amount equal to at least 100 percent of

2-49     the market value, from time to time, of the loaned securities.

2-50           SECTION 5.  Section 164.002, Natural Resources Code, is

2-51     amended by adding Subdivision (7) to read as follows:

2-52                 (7)  "Veterans assistance center" means a life care

2-53     facility, retirement home, retirement village, home for the aging,

2-54     or other facility that furnishes shelter, food, medical attention,

2-55     nursing services, medical services, social activities, or other

2-56     personal services or attention to veterans.

2-57           SECTION 6.  Section 164.003, Natural Resources Code, is

2-58     amended to read as follows:

2-59           Sec. 164.003.  FINANCIAL ASSISTANCE PROGRAMS.  The board may

2-60     establish one or more programs for providing financial assistance

2-61     to veterans under this chapter.  A program may be limited to the

2-62     purpose of purchasing land, selling land to veterans, [or] making

2-63     home mortgage loans to veterans, or providing one or more veterans

2-64     assistance centers.  To the extent a financial assistance program

2-65     is for the purpose of purchasing land or selling land to veterans,

2-66     the program shall be administered, to the extent consistent with

2-67     this chapter and otherwise deemed practicable and desirable by the

2-68     board, in accordance with the board's Veterans' Land Program.  To

2-69     the extent a financial assistance program is for the purpose of

 3-1     making home mortgage loans to veterans, the program shall be

 3-2     administered, to the extent consistent with this chapter and

 3-3     otherwise deemed practicable and desirable by the board, in

 3-4     accordance with the board's Veterans' Housing Assistance Program.

 3-5           SECTION 7.  Section 164.004, Natural Resources Code, is

 3-6     amended to read as follows:

 3-7           Sec. 164.004.  RULES.  The board shall adopt rules providing

 3-8     for the administration of its financial assistance programs

 3-9     established under this chapter, including rules concerning:

3-10                 (1)  the purchasing of land and the selling of land to

3-11     veterans;

3-12                 (2)  the making of home mortgage loans to veterans;

3-13                 (3)  the use of insurance on land and homes as deemed

3-14     appropriate by the board, as further security for land sold or home

3-15     mortgage loans made;

3-16                 (4)  the criteria for approving lending institutions

3-17     participating in programs;

3-18                 (5)  the terms and conditions of a contract made with a

3-19     lending institution; [and]

3-20                 (6)  the construction, acquisition, ownership,

3-21     operation, maintenance, enlargement, improvement, or furnishing or

3-22     equipping of veterans assistance centers; and

3-23                 (7)  other matters as the board deems appropriate.

3-24           SECTION 8.  Section 164.005, Natural Resources Code, is

3-25     amended to read as follows:

3-26           Sec. 164.005.  RIGHTS AND POWERS OF BOARD.  (a)  In

3-27     connection with the administration of its financial assistance

3-28     programs under this chapter, the board has and may exercise, to the

3-29     extent not inconsistent with this chapter, all the rights and

3-30     powers granted to it by Chapters 161 and 162 of this code relating

3-31     to the administration of the board's Veterans' Land Program and

3-32     Veterans' Housing Assistance Program.

3-33           (b)  In administering any of the board's financial assistance

3-34     programs relating to veterans assistance centers, the board, or the

3-35     board in conjunction with other state or federal agencies, may

3-36     acquire by purchase, gift, devise, lease, or a combination of those

3-37     methods, construct, operate, enlarge, improve, furnish, or equip

3-38     one or more veterans assistance centers.

3-39           (c)  The board may enter into an agreement with any person

3-40     for the management or operation of all or part of a veterans

3-41     assistance center.  The board may delegate to the manager the

3-42     authority to manage the center and to employ and discharge

3-43     employees.

3-44           SECTION 9.  Section 164.009, Natural Resources Code, is

3-45     amended to read as follows:

3-46           Sec. 164.009.  SECURITY FOR THE BONDS.  (a)  The bonds issued

3-47     under this chapter shall be special obligations of the board.  As

3-48     security for the payment of the bonds, the board may provide for a

3-49     pledge of and lien on:

3-50                 (1)  the receipts of all kinds of the veterans' land

3-51     fund, the veterans' housing assistance fund, and the veterans'

3-52     housing assistance fund II determined by the board, on the basis of

3-53     facts, circumstances, and expectations at the time of issuance of

3-54     the bonds, not to be required for the payment of principal of or

3-55     interest on the general obligation bonds issued under  Article III,

3-56     Sections 49-b,  49-b-1, and  49-b-2, of the Texas Constitution or

3-57     to make payments with respect to principal or interest under a bond

3-58     enhancement agreement with respect to the general obligation bonds

3-59     if the bonds are issued to provide funds to purchase land and sell

3-60     land to veterans or to make home mortgage loans to veterans;

3-61                 (2)  the assets of the veterans' land fund, the

3-62     veterans' housing assistance fund, or the veterans' housing

3-63     assistance fund II determined by the board on the basis of facts,

3-64     circumstances, and expectations at the time of issuance of the

3-65     bonds not to be required for the purposes of the fund if the bonds

3-66     are issued to provide funds to purchase land and sell land to

3-67     veterans or to make home mortgage loans to veterans;

3-68                 (3)  the payments and repayments received by the board

3-69     from the board's financial assistance provided under this chapter;

 4-1                 (4)  other program revenues; and

 4-2                 (5)  other available revenues of the board.

 4-3           (b)  The pledge and lien are to be provided for and

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

 4-5     for the issuance and sale of the bonds.

 4-6           SECTION 10.  Section 164.010, Natural Resources Code, is

 4-7     amended to read as follows:

 4-8           Sec. 164.010.  BOND ENHANCEMENT AGREEMENTS.  (a)  The board

 4-9     may at any time and from time to time enter into one or more bond

4-10     enhancement agreements that the board deems to be necessary or

4-11     appropriate to place the obligation of the board, as represented by

4-12     the bonds, in whole or in part, on the interest rate, currency,

4-13     cash flow, or other basis desired by the board.  Bond enhancement

4-14     agreements may include, on terms and conditions approved by the

4-15     board, interest rate swap agreements, currency swap agreements,

4-16     forward payment conversion agreements, agreements providing for

4-17     payments based on levels of or changes in interest rates or

4-18     currency exchange rates, agreements to exchange cash flows or a

4-19     series of payments, or agreements including options, puts, or

4-20     calls, to hedge payment, currency, rate, spread, or other exposure.

4-21     A bond enhancement agreement is an agreement for professional

4-22     services and shall contain the terms and conditions and be for the

4-23     period that the board approves.  The cost to the board of the bond

4-24     enhancement agreement may be paid from the proceeds of the sale of

4-25     the bonds to which the bond enhancement agreement relates or from

4-26     any other source, including the revenues of the board that are

4-27     available for the purpose of paying the bonds or that may otherwise

4-28     be available to make those payments.

4-29           (b)  The resolution of the board authorizing a bond

4-30     enhancement agreement may authorize one or more designated officers

4-31     or employees of the board to act on behalf of the board in entering

4-32     into and delivering the bond enhancement agreement and in

4-33     determining or setting the counterparty and  terms of the bond

4-34     enhancement agreement specified in the resolution, except that the

4-35     resolution must set the maximum amount and term for the bond

4-36     enhancement agreement.

4-37           (c)  Unless the board elects otherwise in its approval of a

4-38     bond enhancement agreement, the bond enhancement agreement is not a

4-39     credit agreement for purposes of Chapter 656, Acts of the 68th

4-40     Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas

4-41     Civil Statutes), regardless of whether the bonds relating to the

4-42     bond enhancement agreement were issued in part under that law.

4-43           SECTION 11.  Section 164.011, Natural Resources Code, is

4-44     amended to read as follows:

4-45           Sec. 164.011.  FUNDS.  (a)  In the resolution authorizing the

4-46     issuance of bonds, the board may make additional covenants with

4-47     respect to the bonds and the pledged revenues and may provide for

4-48     the flow of funds and the establishment, maintenance, and

4-49     investment of funds.

4-50           (b)  The funds established may include an interest and

4-51     sinking fund, a reserve fund, and other funds that will be kept and

4-52     maintained by or under the direction of the board.

4-53           (c)  Funds established by the board under this chapter are

4-54     not to be part of the State Treasury but, at the direction of the

4-55     board, may be kept and held in escrow and in trust by the state

4-56     treasurer on behalf of the board and the owners of the bonds and

4-57     used only as provided by this chapter.

4-58           (d)  Money in a fund shall be invested in authorized

4-59     investments as provided by a bond resolution or order of the board.

4-60           (e)  Legal title to money in a fund is in the board unless or

4-61     until paid from the fund as provided by this chapter or the

4-62     resolution authorizing the issuance of the bonds.

4-63           (f)  The board shall select the comptroller or one or more

4-64     commercial banks, depository trust companies, or other entities to

4-65     serve as custodian of the cash or securities of the fund and may

4-66     authorize the custodian to invest the cash in investments as

4-67     determined by the board.

4-68           (g)  In managing the assets of a fund, the board may permit

4-69     the custodian of the fund's securities to lend the securities as

 5-1     provided by this section and by rules adopted by the board.

 5-2           (h)  To be eligible to lend securities under this section, a

 5-3     custodian selected under Subsection (f) must be experienced in the

 5-4     operation of a fully secured securities loan program and must:

 5-5                 (1)  maintain adequate capital in the prudent judgment

 5-6     of the board to assure the safety of the securities;

 5-7                 (2)  execute an indemnification agreement satisfactory

 5-8     in form and content to the board fully indemnifying the board

 5-9     against loss resulting from the custodian's operation of a

5-10     securities loan program for the fund's securities; and

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

5-12     lends securities of the fund to deliver and maintain with the

5-13     custodian collateral in the form of cash or United States

5-14     government securities in an amount equal to at least 100 percent of

5-15     the market value, from time to time, of the loaned securities.

5-16           (i)  The board shall require the [state treasurer, as]

5-17     custodian or custodians of the fund to[, shall] administer the fund

5-18     solely and strictly as provided by this chapter and the resolution

5-19     authorizing the issuance of the bonds, and the state may not take

5-20     any other action relating to the fund except those specified in

5-21     this chapter and the resolution authorizing the issuance of the

5-22     bonds.

5-23           SECTION 12.  This Act takes effect September 1, 1997.

5-24           SECTION 13.  The importance of this legislation and the

5-25     crowded condition of the calendars in both houses create an

5-26     emergency and an imperative public necessity that the

5-27     constitutional rule requiring bills to be read on three several

5-28     days in each house be suspended, and this rule is hereby suspended.

5-29                                  * * * * *