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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 77 passed the Senate on
March 18, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 77 passed the House on
May 25, 1999, by the following vote: Yeas 145, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor