HBA-ALS H.B. 3157 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3157
By: Wolens
State Affairs
4/11/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under Section 323.007, Government Code, the Texas Legislative Council
(council) is required by law to carry out a complete nonsubstantive
revision of the Texas statutes.  The process involves reclassifying and
rearranging the statutes in a more logical order, employing a numbering
system and format that will accommodate future expansion of the law,
eliminating repealed, invalid, duplicative, and other ineffective
provisions, and improving the draftsmanship of the law if practicable--all
toward promoting the stated purpose of making the statutes "more
accessible, understandable, and usable" without altering the sense,
meaning, or effect of the law.  

In 1965 the council adopted a long-range plan of compiling the law into 26
codes arranged by general topics.  Although some reorganization has
occurred since the original proposal, the number of projected codes remains
at 26.  
 
The Government Code has been enacted in various titles, beginning with
judicial and legislative branch titles in 1985, and continuing with the
executive branch title in 1987, the public retirement systems title in
1989, the intergovernmental relations title in 1991, and the open
government and ethics, public officers and employees, and general
government titles in 1993.  The proposed Public Securities Title will be
Title 9 of the Government Code and represents the final title to be
included in that code. 

The title is divided into 10 subtitles, each of which is divided into
chapters, subchapters, and sections.  Sections are numbered decimally, and
the number to the left of the decimal point is the same as the chapter
number.  Gaps in chapter and section numbering are for future expansion.  

Because of the complexity of the statutes involved, early in the project,
the staff assembled a small working group of attorneys in private practice
who represent bond issuers. The working group also included Jim Thomassen,
head of the public finance division of the office of the attorney general.
The working group reviewed and suggested changes to drafts of the proposed
title, as well as provided useful information throughout the drafting
process. 

The staff has developed an extensive mailing list, and drafts of the
proposed title have been widely distributed for review and comment to
individuals, organizations, and state agencies.  The staff has studied the
comments and suggestions of the persons reviewing the title and has taken
action to satisfy any concerns expressed.  

The Public Securities Title is a nonsubstantive revision of Texas law.  The
sole purpose of the title is to compile the relevant law, arrange it in a
logical fashion, and rewrite it without altering its meaning or legal
effect.  If a particular source statute is ambiguous and the ambiguity
cannot be resolved without a potential substantive effect, the ambiguity is
preserved.  

RULEMAKING AUTHORITY

 It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution and recodifies the authority
already delegated by previous law. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Adopts the Public Securities Title, a nonsubstantive revision
of statutory law relating to the issuance of bonds, notes, warrants, and
other obligations by the state and its political subdivisions, including
statutes generally applicable to all issuers of public securities. 

SECTION 2.  Conforming amendment to Chapter 301, Government Code, a
nonsubstantive revision of a law relating to the allocation of space in the
legislative services office building. 

SECTION 3.  Conforming amendment to Section 443.0151, Government Code, a
nonsubstantive revision of a law relating to the control of visitor parking
facilities in the Capitol Complex. 

SECTION 4.  Conforming amendment to add Chapter 618, Government Code, a
nonsubstantive revision of the Uniform Facsimile Signature of Public
Officials Act. 

SECTION 5.  Conforming amendment to add Chapter 2259, Government Code, a
nonsubstantive revision of a law for self-insurance by governmental units. 

SECTION 6.  Conforming amendment to amend Section 105.091, Local Government
Code, a nonsubstantive revision of certain laws relating to the duties and
liability of a designated officer of a municipality in connection with
interest and sinking funds for municipal bonds. 

SECTION 7.  Conforming amendment to amend Section 113.005, Local Government
Code, a nonsubstantive revision of certain laws relating to the liability
of a county treasurer in connection with interest and sinking funds for
county bonds. 

SECTION 8.  Conforming amendment to amend Section 113.041, Local Government
Code, a nonsubstantive revision of a law relating to the duties of a county
treasurer in connection with interest and sinking funds for county bonds.  

SECTION 9.  Conforming amendment to add Chapter 254, Local Government Code,
a nonsubstantive revision of a law for the operation of island property by
certain municipalities. 

SECTION 10.  Conforming amendment to Chapter 280, Local Government Code, a
nonsubstantive revision of a law relating to the acquisition of property
for a hospital site by a municipality or county. 

SECTION 11.  Conforming amendment to add Chapter 303, Local Government
Code, a nonsubstantive revision of a law relating to public facility
corporations. 

SECTION 12.  Conforming amendment to Chapter 323, Local Government Code, a
nonsubstantive revision of a law relating to county libraries. 

SECTION 13.  Conforming amendment to Chapter 402, Local Government Code, a
nonsubstantive revision of certain laws relating to municipal utility
systems. 

SECTION 14.  Conforming amendment to Chapter 411, Local Government Code, a
nonsubstantive revision of a law relating to breakwaters in certain
counties. 

SECTION 15.  Conforming amendment to add Chapter 413, Local Government
Code, a nonsubstantive revision of a law relating to water, wastewater, and
solid waste systems in certain counties. 

SECTION 16.  Conforming amendment to Chapter 421, Local Government Code, a
nonsubstantive revision of certain laws relating to seawalls and levees in
coastal municipalities and counties. 

SECTION 17.  Conforming amendment to Section 421.021(a), Local Government
Code, to conform to  changes made in Section 16 of the bill. 

SECTION 18.  Conforming amendment to Section 421.023, Local Government
Code, to conform  to changes made in Section 16 of the bill. 

SECTION 19.  Conforming amendment to add Chapter 422, Local Government
Code, a nonsubstantive revision of a law relating to public utility
agencies for the provision of water or sewer service. 

SECTION 20.  Conforming amendment to add Chapter 54, Transportation Code, a
nonsubstantive revision of a law relating to harbor and port facilities in
certain municipalities. 

SECTION 21.  Conforming amendment to Chapter 256, Transportation Code, a
nonsubstantive revision of a law relating to county road laws. 

SECTION 22.  Conforming amendment to Chapter 256, Transportation Code, a
nonsubstantive revision of a law relating to county road laws. 

SECTION 23.  Conforming amendment to Chapter 257, Transportation Code, a
nonsubstantive revision of a law relating to county road laws. 

SECTION 24.  Conforming amendment to add Chapter 317, Transportation Code,
a nonsubstantive revision of a law relating to the elimination of
grade-level street crossings by railroad lines in certain municipalities. 

SECTION 25.  Conforming amendment to add Chapter 367, Transportation Code,
a nonsubstantive revision of certain laws relating to municipal toll
bridges over the Rio Grande. 

SECTION 26.  Conforming amendment to add Chapter 152, Water Code, a
nonsubstantive revision of a law relating to certain river authorities. 

SECTION 27.  Conforming amendment to Article 1175, V.T.C.S., to conform to
changes made in Section 1 of the bill. 

SECTION 28.  Repeals the laws that are revised in the bill. Repeals laws
that are obsolete or  expired or that have been previously impliedly
repealed.  Repeals certain validating acts. 

SECTION 29.  States legislative intent to recodify only.  Provides that
bonds, notes, or other obligations issued under the provisions revised or
repealed remain valid and binding. Provides that bonds, notes, or other
obligations authorized but unissued on the effective date of the Act  may
be issued in compliance with the prior law. 

SECTION 30.  Effective date: September 1, 1999. 

SECTION 31.  Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1

The amendment modifies the original H.B. 3157 by incorporating comments
relating to the Public Securities Title which the Legislative Council
received after the original bill was filed.  The amendment contains changes
suggested by the Public Finance Division of the attorney general's office
and by attorneys who practice primarily in the area of bond law.  The
amendment changes language in the Public Securities Title so that it more
closely reflects language in the existing law that is being codified.