By Capelo                                             H.B. No. 3224
         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 the substantive changes in connection with the
 1-3     codification of various statutes into the public securities title
 1-4     of the Government Code.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter A, Chapter 1207, Government Code, is
 1-7     hereby amended by adding a new Section 1207.007, and renumbering
 1-8     Section 1207.007 as Section 1207.008, to read as follows:
 1-9           *Sec. 1207.007.  DELEGATION OF AUTHORITY.  (a)  In connection
1-10     with the issuance of refunding bonds, an issuer may authorize:
1-11                 (1)  the maximum principal amount of refunding bonds
1-12     that shall be issued; and
1-13                 (2)  any officer or employee of the issuer to:
1-14                       (A)  select any specific maturities or series of
1-15     bonds, notes, or other general or special obligations to be
1-16     refunded; and
1-17                       (B)  effect the sale of the refunding bonds.
1-18           (b)  In exercising the authority delegated by the issuer, any
1-19     officer or employee may establish the terms, conditions, and
1-20     details related to the issuance and sale of the refunding bonds,
1-21     including without limitation:
 2-1                 (1)  the form and designation of the refunding bonds:
 2-2                 (2)  the principal amount of the refunding bonds:
 2-3                 (3)  the dates, price, interest rates, interest payment
 2-4     dates, principal payment dates and redemption features of the
 2-5     refunding bonds;
 2-6                 (4)  the form of escrow agreement described in Section
 2-7     1207.062; and
 2-8                 (5)  such other details relating to the issuance and
 2-9     sale of the refunding bonds as specified by the issuer in the
2-10     resolution, order, or ordinance authorizing the issuance of the
2-11     refunding bonds.
2-12           (c)  Refunding bonds may not be issued if the aggregate
2-13     amount of payments to be made under the refunding bonds exceeds the
2-14     aggregate principal amount of payments that would have been made
2-15     under the terms of the obligations being refunded, unless the
2-16     governing body of the issuer finds in the resolution, order or
2-17     ordinance authorizing the issuance of the refunding bonds that
2-18                 (1)  the issuance is in the best interests of the
2-19     issuer; and
2-20                 (2)  a maximum level of loss is specified therein.
2-21           (d)  Any finding or determination made by the governing body
2-22     of an issuer in the resolution, order or ordinance authorizing the
2-23     issuance of refunding bonds shall be binding and conclusive, and
2-24     any person shall be entitled to rely upon a certification from the
2-25     issuer to the effect, including, without limitation, the attorney
 3-1     general in the performance of the duties of the attorney general
 3-2     specified in Chapter 1202.
 3-3           SECTION 2.  Section 1207.062(b), Government Code, is hereby
 3-4     amended to read as follows:
 3-5           "(b)  An escrow agreement under Subsection (a) must provide
 3-6     that the deposit may be invested only in
 3-7                 (1)  direct noncallable obligations of the United
 3-8     States, including obligations the principal of and interest on
 3-9     which are unconditionally guaranteed by the United States:
3-10                 (2)  noncallable obligations of an agency or
3-11     instrumentality of the United States, including obligations the
3-12     principal of and interest of which are unconditionally guaranteed
3-13     or insured by the agency or instrumentality of the United States
3-14     and which are rated as to investment quality by a nationally
3-15     recognized investment rating firm not less than AA or its
3-16     equivalent; and
3-17                 (3)  noncallable obligations of states, agencies,
3-18     counties, cities, and other political subdivisions of any state
3-19     which have been refunded and which are rated as to investment
3-20     quality by a nationally recognized investment rating firm not less
3-21     than AAA or its equivalent.  and which mature and bear interest
3-22     payable at times and in amounts sufficient to provide for the
3-23     scheduled payment of redemption of the obligation to be refunded.
3-24     The obligations may be in book-entry form."
3-25           SECTION 3.  Section 1231.044(b), Government Code, is hereby
 4-1     amended to read as follows:
 4-2           Sec. 1231.044.  STATE AUDITOR REVIEW OF STATE SECURITY
 4-3     PROCEEDS; REPORT.
 4-4           "(b)  The state auditor shall prepare a report of the review
 4-5     and file a copy of the report with the board and with:
 4-6                 (1)  the governor;
 4-7                 (2)  the lieutenant governor;
 4-8                 (3)  the speaker of the house of representatives;
 4-9                 (4)  the secretary of state; and
4-10                 (5)  member of the legislature."
4-11           SECTION 4.  Section 1331.001, Government Code, is hereby
4-12     amended to read as follows:
4-13           "Sec. 1331.001.  AUTHORITY OF MUNICIPALITY TO ISSUE BONDS.  A
4-14     municipality may issue bonds [with one or more interest coupons] in
4-15     the amount it considers expedient to:
4-16                 (1)  construct or purchase permanent improvements
4-17     inside the municipal boundaries, including public buildings,
4-18     waterworks, or sewers;
4-19                 (2)  construct or improve the streets and bridges of
4-20     the municipality; or
4-21                 (3)  construct or purchase building sites or buildings
4-22     for the public schools and other institutions of learning inside
4-23     the municipality, if the municipality has assumed exclusive control
4-24     of those schools and institutions."
4-25           SECTION 5.  Section 1332.002, Government Code, is hereby
 5-1     amended to read as follows:
 5-2           "Sec. 1331.002.  SIGNATURES [OF MAYOR AND MUNICIPAL
 5-3     SECRETARY].  A bond issued by a municipality under Section 1331.001
 5-4     [must] shall be signed [by the mayor and countersigned by the
 5-5     municipal secretary] in the manner provided in the ordinance, order
 5-6     or resolution authorizing the issuance of the bonds."
 5-7           SECTION 6.  Subsection (4) and (5) of Section 1371.001,
 5-8     Government Code, are hereby amended to read as follows:
 5-9                 "(4)  "Issuer" means:
5-10                       (A)  a home-rule municipality that:
5-11                             (i)  adopted its charter under Section 5,
5-12     Article XI, Texas Constitution;
5-13                             (ii)  has a population of [90,000] 50,000
5-14     or more; and
5-15                             (iii)  has outstanding long-term
5-16     indebtedness [secured by the revenue of the public works for which
5-17     an obligation is being issued] that is rated by a nationally
5-18     recognized rating agency for municipal securities in on of the four
5-19     highest rating categories for a long-term obligation;
5-20                 (5)  "Obligation" means a [note, warrant, or other
5-21     special obligation authorized to be issued by an issuer under this
5-22     chapter or a] public security as defined by Section 1201.002 or
5-23     other special obligation authorized to be issued by an issuer that,
5-24     before delivery, is rated by a nationally recognized rating agency
5-25     for municipal securities in one of the three highest rating
 6-1     categories for a short-term debt instrument or one of the four
 6-2     highest rating categories for a long-term debt instrument."
 6-3           SECTION 7.  Section 1321.003, Government Code, is hereby
 6-4     amended by adding new subsection (d), to read as follows:
 6-5           "(d)  Any finding or determination made by the governing body
 6-6     of an issuer under authority of this chapter shall be binding and
 6-7     conclusive, and any person shall be entitled to rely upon a
 6-8     certification from the issuer to that effect, including, without
 6-9     limitation, the attorney general in the performance of the duties
6-10     of the attorney general specified in Chapter 1202."
6-11           SECTION 8.  Section 1371.053, Government Code, is hereby
6-12     amended to read as follows:
6-13           "(a)  An obligation authorization must be approved by a
6-14     governing body before an obligation may be issued.  [The issuance
6-15     of an obligation must be authorized by an obligation
6-16     authorization.]
6-17           SECTION 9.  Subsection (b) of Section 1371.056, Government
6-18     Code, is hereby amended to read as follows:
6-19           "(b)  In connection with the issuance of an obligation, or in
6-20     conjunction with the payment, sale, resale, or exchange of the
6-21     obligation, a governing body may enter into a credit agreement:
6-22                 (1)  to enhance the security of an obligation:
6-23                 (2)  to provide for the payment, redemption, or
6-24     remarketing of an obligation and interest on the obligation in
6-25     order to reduce the interest payable on the obligation; or
 7-1                 (3)  in conjunction with the interim financing of an
 7-2     eligible project.
 7-3           [To enhance the security for or provide for the payment,
 7-4     redemption, or remarketing of an obligation and interest on the
 7-5     obligation in order to reduce the interest payable on the
 7-6     obligation or in conjunction with the interim financing of an
 7-7     eligible project of an issuer, a governing body may enter into a
 7-8     credit agreement:]
 7-9                 [(1)  at or after the issuance of the obligation, or]
7-10                 [(2)  in conjunction with the payment, sale, resale, or
7-11     exchange of the obligation.]
7-12           SECTION 10.  Section 1371.056, Government Code, is hereby
7-13     amended by adding a new subsection (g), to read as follows:
7-14           "(g)  The governing body of an issuer may delegate to any
7-15     officer or employees the authority to enter into transactions under
7-16     a credit agreement authorized by the governing body and to execute
7-17     any instruments in connection with the transactions."
7-18           SECTION 11.  Section 1371.057, Government Code, is hereby
7-19     amended by adding a new subsection (d), to read as follows:
7-20           "The comptroller shall register the record of the proceedings
7-21     relating to the issuance of obligations or the execution of a
7-22     credit agreement."
7-23           SECTION 12.  Subsection (b) of Section 1371.103, Government
7-24     Code, is hereby amended to read as follows:
7-25           (b)  A governing body may secure an obligation and pay the
 8-1     cost of a credit agreement executed and delivered in connection
 8-2     with the financing of a project cost for an eligible project
 8-3     described in Section 1371.001(2)(D) with ad valorem taxes or with
 8-4     other sources permitted by this chapter."
 8-5           SECTION 13.  Subsections (2) and (3) of Section 1431.001,
 8-6     Government Code, are hereby amended to read as follows:
 8-7                 "(2)  "Governing body" means the commissioners court of
 8-8     a county or the governing body of a municipality, junior college
 8-9     district, independent school district or county issuing an
8-10     anticipation note."
8-11           SECTION 14.  Section 1431.002, Government Code, is hereby
8-12     amended by adding new subsections (c) and (d), to read as follows:
8-13           "(c)  The governing body of a junior college district by
8-14     order or resolution may authorize the issuance of anticipation
8-15     notes.
8-16           (d)  The governing body of an independent school district by
8-17     order may authorize the issuance of an anticipation note."
8-18           SECTION 15.  Section 1431.003, Government Code, is hereby
8-19     amended to read as follows:
8-20           "Sec. 1431.003.  ADDITIONAL AUTHORITY OF COUNTIES, JUNIOR
8-21     COLLEGE DISTRICTS, AND CERTAIN MUNICIPALITIES AND INDEPENDENT
8-22     SCHOOL DISTRICTS.  (a)  This section applies only to an issuer that
8-23     is:
8-24                 (1)  a county; [or]
8-25                 (2)  a junior college district;
 9-1                 (3)  an independent school district that at any time on
 9-2     or after September 1, 1999, has
 9-3                       (A)  outstanding bonds in the aggregate principal
 9-4     amount of at least $50 million; or
 9-5                       (B)  a student population in excess of 2,000
 9-6     students; and
 9-7                 (4)  a municipality with a population of [80,000]
 9-8     50,000 or more."
 9-9           SECTION 16.  Subsection (1) of Section 1431.006, Government
9-10     Code, is hereby amended to read as follows:
9-11           Sec. 1431.006.  LIMITATION ON NOTES TO PAY EXPENSES.
9-12     Anticipation notes issued under Section 1431.004(a)(2) may not, in
9-13     the fiscal year in which the attorney general approves the notes:
9-14                 (1)  [a municipality] an issuer other than a county,
9-15     exceed 75 percent of the revenue or taxes anticipated to be
9-16     collected in that year; or"
9-17           SECTION 17.  Section 1504.001, Government Code, and
9-18     subsections (3) and (4) thereof, are hereby amended to read as
9-19     follows:
9-20           "Sec. 1504.001.  AUTHORITY FOR CULTURAL OR ATHLETIC
9-21     FACILITIES.  A municipality may establish, acquire lease as lessee
9-22     or lessor, construct, improve, enlarge, equip, repair, operate, or
9-23     maintain a cultural ore athletic facility, including:
9-24                 (3)  a hotel owned by a municipality or a non profit
9-25     municipally owned local government corporation created under
 10-1    Chapter 431, Transportation Code, that is located not more than
 10-2    1,000 feet from a convention center owned by a municipality with a
 10-3    population of 450,000 [1,500,000] or more;
 10-4                (4)  a historic hotel owned by a municipality or a
 10-5    nonprofit municipality owned local government corporation created
 10-6    under Chapter 431, Transportation Code, that is located not more
 10-7    than one mile from a convention center owned by a municipality with
 10-8    a population of 450,000 [1,500,000] or more; or"
 10-9          SECTION 18.  Section 1504.003, Government Code, is hereby
10-10    amended by adding a new subsection (d) to read as follows:
10-11          "(d)  A municipality may pledge to the payment of bonds
10-12    issued under this subchapter, alone or in combination with the
10-13    revenue from the facility for which bonds are issued, hotel
10-14    occupancy taxes that are pledged under and in accordance with the
10-15    provisions of Section 351.102, Tax Code."
10-16          SECTION 19.  Section 1504.008, Government Code, is hereby
10-17    amended to read as follows:
10-18          "Sec. 1504.008.  SIGNATURES.  A bond issued under this
10-19    subchapter may [must] be signed in the manner provided in the
10-20    ordinance [by the mayor of the municipality and countersigned by
10-21    the secretary or clerk of the municipality]."
10-22          SECTION 20.  Section 1504.010, Government Code, and
10-23    subsection (1) thereof, are hereby amended to read as follows:
10-24          "Sec. 1504.010.  TERM OF CERTAIN LEASES.  In a municipality
10-25    with a population of 450,000 [1.5 million] or more, a lease entered
 11-1    into under Section 1504.001 may have a term of not to exceed 60
 11-2    years if:
 11-3                (1)  the lessee proposes to invest more than $10 [20]
 11-4    million to renovate . . . ;"
 11-5          SECTION 21.  Subsection (b) of Section 1504.105, Government
 11-6    Code, is hereby amended to read as follows:
 11-7          (f)  Each contract, bond, note, or other evidence of
 11-8    indebtedness issued or included under this subchapter must contain
 11-9    substantially the following provision:  "The holder of this
11-10    obligation is not entitled to demand payment of this obligation out
11-11    of any money raised by taxation."
11-12          SECTION 22.  Subsection (b) of Section 1504.154, Government
11-13    Code, is hereby amended to read as follows:
11-14          "(b)  The face of each bond issued under this subchapter must
11-15    contain substantially the following provision:  "The holder of this
11-16    obligation is not entitled to demand payment of this obligation out
11-17    of any money raised by taxation."
11-18          SECTION 23.  Section 1504.157, Government Code, is hereby
11-19    amended to read as follows:
11-20          "Sec. 1504.157.  SIGNATURES.  A bond issued under this
11-21    subchapter may [must] be signed in the manner provided in the
11-22    ordinance [by the mayor of the municipality and countersigned by
11-23    the secretary of the municipality]."
11-24          SECTION 24.  Subsection (b) of Section 1504.154, Government
11-25    Code, is hereby amended to read as follows:
 12-1          "(b)  Each contract, bond, or note issued or executed under
 12-2    this subchapter must contain substantially the following provision:
 12-3    "The holder of this obligation is not entitled to demand payment of
 12-4    this obligation out of any money raised by taxation."
 12-5          SECTION 25.  Section 1504.251, Government Code, is hereby
 12-6    amended to read as follows:
 12-7          "Sec. 1504.251.  APPLICABILITY OF SUBCHAPTER.  This
 12-8    subchapter applies only to a home-rule municipality with a
 12-9    population of 450,000 [1.2 million] or more."
12-10          SECTION 26.  Section 1504.243, Government Code, is hereby
12-11    amended to read as follows:
12-12          Sec. 1504.253.  AUTHORITY TO ISSUE REVENUE BONDS.  The
12-13    governing body of a municipality by ordinance may issue revenue
12-14    bonds to provide all or part of the money to effect any purpose
12-15    [establish, acquire, construct, improve, equip, repair, operate, or
12-16    maintain a cultural or parking facility] described by Section
12-17    1504.252.
12-18          SECTION 27.  Section 1504.261, Government Code, is hereby
12-19    amended to read as follows:
12-20          "Sec. 1504.261.  SIGNATURES.  A bond issued under this
12-21    subchapter may [must] be signed in the manner provided in the
12-22    ordinance [by the mayor of the municipality and countersigned by
12-23    the secretary or clerk of the municipality]."
12-24          SECTION 28.  The following provisions are hereby repealed:
12-25          (a)  Chapter 1253;
 13-1          (b)  Subchapter C, Chapter 1331;
 13-2          (c)  Subchapter B, Chapter 1504;
 13-3          (d)  Subchapter D, Chapter 1504;
 13-4          (e)  Subchapter B, Chapter 1509;
 13-5          (f)  Subchapter F, Chapter 1509.
 13-6          SECTION 29.  The importance of this legislation and the
 13-7    crowded condition of the calendars in both houses create an
 13-8    emergency and an imperative public necessity that the
 13-9    constitutional rule requiring bills to be read on three several
13-10    days in each house be suspended, and this rule is hereby suspended,
13-11    and that this Act take effect and be in force from and after its
13-12    passage, and it is so enacted.