By Coleman                                            H.B. No. 2898
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to anticipation notes and short-term obligations for a
 1-3     public utility.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sec. 1(1), Article 717q, Vernon's Texas Civil
 1-6     Statutes is amended to read as follows:
 1-7                 (1)  "Issuer" means (A) any incorporated city operating
 1-8     under a home-rule charter adopted pursuant to Article XI, Section
 1-9     5, of the Constitution of Texas having a population according to
1-10     the latest federal decennial census of 90,000 or more and having
1-11     outstanding long-term debt secured by the revenues of the public
1-12     utility for which the obligations are being issued which is rated
1-13     by a nationally recognized rating agency for municipal securities
1-14     in one of the four highest rating categories for long-term
1-15     obligations; (B) any conservation and reclamation district created
1-16     and organized as a river authority under and pursuant to Article
1-17     III, Section 52, or Article XVI, Section 59, of the Constitution of
1-18     Texas and by an act of the legislature of the State of Texas; (C)
1-19     any joint powers agency organized and operating pursuant to Chapter
1-20     166, Acts of the 63rd Legislature, Regular Session, 1973 (Article
1-21     1435a, Revised Statutes); (D) any metropolitan rapid transit
 2-1     authority or regional transportation authority created, organized,
 2-2     and operating pursuant to Chapter 141, Acts of the 63rd
 2-3     Legislature, Regular Session, 1973 (Article 1118x, Revised
 2-4     Statutes) or Chapter 683, Acts of the 66th Legislature, Regular
 2-5     Session, 1979 (Article 1118y, Revised Statutes); (E) any
 2-6     conservation and reclamation district organized or operating as a
 2-7     navigation district under and pursuant to Article III, Section 52,
 2-8     or Article XVI, Section 59, of the Constitution of Texas; (F) any
 2-9     district organized or operating under and pursuant to Article XVI,
2-10     Section 59, of the Constitution of Texas which has all or part of
2-11     two or more incorporated cities within its boundaries; (G) agencies
2-12     of the State of Texas (including the governing boards of the state
2-13     institutions of higher education); (H) any hospital authority in a
2-14     county with a population of more than 2 million, according to the
2-15     most recent federal census, or any hospital authority in a county
2-16     that is included, in whole or in part, in a standard metropolitan
2-17     statistical area of this state that includes a county with a
2-18     population of more than 1,800,000, that was created or is operating
2-19     under Chapter 262, Health and Safety Code, or Chapter 264, Health
2-20     and Safety Code; (I) any nonprofit corporation organized to
2-21     exercise the powers of a higher education authority under
2-22     Subsection (e), Section 53.47, Education Code; [and] (J) a county
2-23     having a population of 2 million or more according to the most
2-24     recent federal census; (K) an independent school district having an
2-25     average daily attendance of 190,000 or more; and (L) a venue
 3-1     district created under Chapter 335, Local Government Code.
 3-2           SECTION 2.  Sec. 1(3), Article 717q, Vernon's Texas Civil
 3-3     Statutes is amended to read as follows:
 3-4                 (3)  "Eligible project" means:
 3-5                       (A)  the acquisition or construction of and
 3-6     improvements, additions, or extensions to a public utility, one or
 3-7     more, including capital assets and facilities incident and related
 3-8     to the operation, maintenance, and administration thereof, and,
 3-9     with respect to properties and facilities for:  (1) the generation
3-10     of electric power and energy, fuel acquisition, or development or
3-11     facilities for the transportation thereof; (2) a public
3-12     transportation system, buildings, structures, terminals, rolling
3-13     stock, garages, shops, equipment, and other facilities (including
3-14     vehicle parking areas and facilities necessary or convenient for
3-15     the beneficial use and access of persons and vehicles to stations,
3-16     terminals, yards, cars, and buses or for the protection and
3-17     environmental enhancement of such facilities) for mass public
3-18     transportation; (3) a port facility, wharves, docks, warehouses,
3-19     grain elevators, other storage facilities, bunkering facilities,
3-20     port-related railroads and bridges, floating plants and facilities,
3-21     lightering facilities, cargo handling facilities, towing
3-22     facilities, and all other facilities or aids incident to or useful
3-23     in the operation of a port facility; (4) a causeway, bridge,
3-24     tunnel, turnpike, highway, or a combination of such facilities,
3-25     including all necessary overpasses, underpasses, interchanges,
 4-1     entrance plazas, tollhouses, service stations, approaches,
 4-2     fixtures, accessories, equipment, storage, administration, and
 4-3     other necessary buildings, together with all property rights,
 4-4     easements, and other interests acquired in connection therewith;
 4-5     (5) any public improvements owned by a county that serve the
 4-6     purpose of attracting visitors and tourists to a county, including
 4-7     civic centers, auditoriums, exhibition halls, coliseums, stadiums,
 4-8     and parking areas; [and] (6) a project for which there exist
 4-9     authorized but unissued obligations approved by a majority of the
4-10     voters of the issuer, including obligations payable from ad valorem
4-11     taxes; and (7) an approved venue project under Chapter 335, Local
4-12     Government Code.
4-13           SECTION 3.  The importance of this legislation and the
4-14     crowded condition of the calendars in both houses create an
4-15     emergency and an imperative public necessity that the
4-16     constitutional rule requiring bills to be read on three several
4-17     days in each house be suspended, and this rule is hereby suspended.