AN ACT
1-1 relating to the power and authority of the Upper Guadalupe River
1-2 Authority to borrow money for any corporate purpose or combination
1-3 of corporate purposes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 5, page 1062, Special Laws, Acts of the
1-6 46th Legislature, 1939 (Article 8280-124, Vernon's Texas Civil
1-7 Statutes), is amended by adding Section 10(c) to read as follows:
1-8 Sec. 10(c). (a) The Upper Guadalupe River Authority may
1-9 borrow money for any corporate purpose or combination of corporate
1-10 purposes pursuant to the methods and procedures specifically
1-11 provided by this chapter or by general law.
1-12 (b) The board of directors, without the necessity of an
1-13 election, may borrow money on negotiable notes of the Authority to
1-14 be paid solely from the revenues of the Authority derived from the
1-15 ownership of all or any designated part of the Authority's works,
1-16 plant, improvements, facilities, equipment, or water rights after
1-17 deduction of the reasonable cost of maintaining and operating the
1-18 facilities.
1-19 (c) A note issued under this section may not exceed $1
1-20 million.
1-21 (d) The notes may mature over a term of not more than 20
1-22 years and bear interest at a rate of not more than 10 percent.
1-23 (e) The notes may be first or subordinate lien notes within
2-1 the discretion of the board of directors, but no obligation may
2-2 ever be a charge on the property of the Authority or on the taxes
2-3 levied or collected by the Authority, but shall be a charge on the
2-4 revenues pledged for the payment of the obligation. No part of the
2-5 obligation may ever be paid from the taxes levied or collected by
2-6 the Authority.
2-7 (f) As the Authority is a special water authority, Section
2-8 49.153, Water Code, does not apply to any revenue note issued by
2-9 the Authority.
2-10 SECTION 2. Proof of publication of the constitutional notice
2-11 required in the enactment of this Act under the provisions of
2-12 Section 59(d), Article XVI, Texas Constitution, and the statutory
2-13 notice required by Chapter 313, Government Code, have been made in
2-14 the manner provided therein and a copy of the notice and bill as
2-15 originally introduced have been delivered to the governor of the
2-16 State of Texas, as required in such constitutional provision, and
2-17 to all other persons, agencies, officials, or entities required to
2-18 be furnished by the constitution and other laws of the state, and
2-19 that notice and delivery are found and declared to be proper and
2-20 sufficient to satisfy those requirements. The Texas Natural
2-21 Resource Conservation Commission has filed its recommendations
2-22 relating to this Act with the governor, lieutenant governor, and
2-23 speaker of the house of representatives within the required time.
2-24 All other procedural requirements for the notice, introduction, and
2-25 passage of this Act have been fulfilled and accomplished.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1793 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendment on May 22, 1997, by the
following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1793 passed the House, with
amendment, on May 21, 1997, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor