By:  Truan, Zaffirini                                   S.B. No. 77
              Lucio, Shapleigh
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the making of international cooperation agreements by
 1-2     state agencies and political subdivisions; authorizing the issuance
 1-3     of bonds.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 7, Government Code, is amended by adding
 1-6     Chapter 792 to read as follows:
 1-7             CHAPTER 792.  INTERNATIONAL COOPERATION AGREEMENTS
 1-8           Sec. 792.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Political subdivision" has the meaning assigned
1-10     by Section 791.003.
1-11                 (2)  "State agency" has the meaning assigned by Section
1-12     783.003.
1-13           Sec. 792.002.  AGREEMENTS WITH MEXICO.  A state agency or a
1-14     political subdivision may, to the extent permitted under federal
1-15     law, enter into an agreement under this chapter with:
1-16                 (1)  the United Mexican States or a political
1-17     subdivision of the United Mexican States;
1-18                 (2)  an agency of the United States; or
1-19                 (3)  an agency or entity that is created under a treaty
1-20     or executive agreement between the United States and the United
1-21     Mexican States.
1-22           Sec. 792.003.  SCOPE OF AGREEMENT.  A state agency or a
1-23     political subdivision may enter into an agreement under this
1-24     chapter only if the agreement is for the accomplishment of a
 2-1     function that the agency or political subdivision is authorized to
 2-2     perform under other law.
 2-3           Sec. 792.004.  TERMS.  (a)  Under an agreement authorized by
 2-4     this chapter, a political subdivision or a state agency may:
 2-5                 (1)  acquire or dispose of in any manner available to
 2-6     the state agency or political subdivision under other law an
 2-7     interest in real property in this state or the United Mexican
 2-8     States;
 2-9                 (2)  use any funds of the state agency or political
2-10     subdivision that are not otherwise dedicated by law for another
2-11     purpose to accomplish the purposes of the agreement;
2-12                 (3)  use any equipment, facilities, or other property
2-13     of the state agency or political subdivision to carry out the
2-14     agreement; or
2-15                 (4)  agree to any other terms that are not prohibited
2-16     under state or federal law.
2-17           (b)  An agreement made under this chapter may not provide for
2-18     the liability of this state or a political subdivision on a bond or
2-19     other obligation issued by the United Mexican States or a political
2-20     subdivision of the United Mexican States.
2-21           Sec. 792.005.  BONDS.  (a)  A state agency described by
2-22     Subsection (b) or a political subdivision may issue bonds or other
2-23     evidence of indebtedness to provide financing for an agreement
2-24     under this chapter to the same extent and in the same manner that
2-25     the agency or political subdivision is authorized to issue the
2-26     bonds or other evidence of indebtedness to perform the activity on
 3-1     its own behalf.
 3-2           (b)  Only the following state agencies may issue bonds under
 3-3     this section:
 3-4                 (1)  the Department of Agriculture;
 3-5                 (2)  the Texas Department of Economic Development;
 3-6                 (3)  the Texas Department of Housing and Community
 3-7     Affairs;
 3-8                 (4)  the Texas Public Finance Authority;
 3-9                 (5)  the Texas Turnpike Authority; or
3-10                 (6)  the Texas Water Development Board.
3-11           Sec. 792.006.  APPROVAL OF GOVERNOR AND LEGISLATIVE BUDGET
3-12     BOARD.  An agreement made by a state agency under this chapter that
3-13     involves the use of money appropriated from the state treasury is
3-14     not valid unless it is approved by the governor and the Legislative
3-15     Budget Board.
3-16           SECTION 2.  The importance of this legislation and the
3-17     crowded condition of the calendars in both houses create an
3-18     emergency and an imperative public necessity that the
3-19     constitutional rule requiring bills to be read on three several
3-20     days in each house be suspended, and this rule is hereby suspended,
3-21     and that this Act take effect and be in force from and after its
3-22     passage, and it is so enacted.