1-1     By:  Zaffirini                                        S.B. No. 1289
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Education; April 12, 1999,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 5, Nays 0; April 12, 1999, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1289               By:  Zaffirini
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to donations and other transfers of real or personal
1-10     property to institutions of higher education.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 272.001, Local Government Code, is
1-13     amended by amending Subsection (a) and adding Subsection (j) to
1-14     read as follows:
1-15           (a)  Except for the types of land and interests covered by
1-16     Subsection (b), (g), (h), [or] (i), or (j) and except as provided
1-17     by Section 253.008, before land owned by a political subdivision of
1-18     the state may be sold or exchanged for other land, notice to the
1-19     general public of the offer of the land for sale or exchange must
1-20     be published in a newspaper of general circulation in either the
1-21     county in which the land is located or, if there is no such
1-22     newspaper, in an adjoining county.  The notice must include a
1-23     description of the land, including its location, and the procedure
1-24     by which sealed bids to purchase the land or offers to exchange the
1-25     land may be submitted.  The notice must be published on two
1-26     separate dates and the sale or exchange may not be made until after
1-27     the 14th day after the date of the second publication.
1-28           (j)  A political subdivision may donate, exchange, convey,
1-29     sell, or lease land, improvements, or any other interest in real
1-30     property to an institution of higher education, as that term is
1-31     defined by Section 61.003, Education Code, to promote a public
1-32     purpose related to higher education.  The political subdivision
1-33     shall determine the terms and conditions of the transaction so as
1-34     to effectuate and maintain the public purpose.  A political
1-35     subdivision may donate, exchange, convey, sell, or lease the real
1-36     property interest for less than its fair market value and without
1-37     complying with the notice and bidding requirements of Subsection
1-38     (a).
1-39           SECTION 2.  Section 2, Development Corporation Act of 1979
1-40     (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
1-41     amending Subdivision (10) and adding Subdivision (15) to read as
1-42     follows:
1-43                 (10)  "Project" shall mean the land, buildings,
1-44     equipment, facilities, and improvements (one or more) found by the
1-45     board of directors to be required or suitable for the promotion of
1-46     development and expansion of manufacturing and industrial
1-47     facilities, transportation facilities (including but not limited to
1-48     airports, ports, mass commuting facilities, and parking
1-49     facilities), sewage or solid waste disposal facilities, recycling
1-50     facilities, air or water pollution control facilities, facilities
1-51     for the furnishing of water to the general public, distribution
1-52     centers, [and] small warehouse facilities capable of serving as
1-53     decentralized storage and distribution centers, and facilities for
1-54     use by institutions of higher education, and for the promotion of
1-55     development or redevelopment and expansion, including costs of
1-56     administration and operation, of a military base closed or
1-57     realigned pursuant to recommendation of the Defense Closure and
1-58     Realignment Commission pursuant to the Defense Base Closure and
1-59     Realignment Act of 1990 (10 U.S.C. Section 2687 note) as amended,
1-60     and of facilities which are related to any of the foregoing, and in
1-61     furtherance of the public purposes of this Act, all as defined in
1-62     the rules of the department, irrespective of whether in existence
1-63     or required to be identified, acquired, or constructed thereafter.
1-64     As used in this Act, the term "development areas" shall mean any
 2-1     area or areas of a city that the city finds and determines, after a
 2-2     public hearing, should be developed in order to meet the
 2-3     development objectives of the city.  In addition, in blighted or
 2-4     economically depressed areas, development areas, federally
 2-5     designated empowerment zones and enterprise communities designated
 2-6     under Section 1391, Internal Revenue Code of 1986, or federally
 2-7     assisted new communities located within a home-rule city or a
 2-8     federally designated economically depressed county of less than
 2-9     50,000 persons according to the last federal decennial census, a
2-10     project may include the land, buildings, equipment, facilities, and
2-11     improvements (one or more) found by the board of directors to be
2-12     required or suitable for the promotion of commercial development
2-13     and expansion and in furtherance of the public purposes of this
2-14     Act, or for use by commercial enterprises, all as defined in the
2-15     rules of the department, irrespective of whether in existence or
2-16     required to be acquired or constructed thereafter.  As used in this
2-17     Act, the term blighted or economically depressed areas shall mean
2-18     those areas and areas immediately adjacent thereto within a city
2-19     which by reason of the presence of a substantial number of
2-20     substandard, slum, deteriorated, or deteriorating structures, or
2-21     which suffer from a high relative rate of unemployment, or which
2-22     have been designated and included in a tax incremental district
2-23     created under Chapter 695, Acts of the 66th Legislature, Regular
2-24     Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or
2-25     any combination of the foregoing, the city finds and determines,
2-26     after a hearing, substantially impair or arrest the sound growth of
2-27     the city, or constitute an economic or social liability and are a
2-28     menace to the public health, safety, or welfare in their present
2-29     condition and use.  The department shall adopt guidelines that
2-30     describe the kinds of areas that may be considered to be blighted
2-31     or economically depressed.  The city shall consider these
2-32     guidelines in making its findings and determinations.  Notice of
2-33     the hearing at which the city considers establishment of a
2-34     development area or an economically depressed or blighted area
2-35     shall be posted at the city hall before the hearing.
2-36           "Federally assisted new communities" shall mean those
2-37     federally assisted areas which have received or will receive
2-38     assistance in the form of loan guarantees under Title X of the
2-39     National Housing Act and a portion of the federally assisted area
2-40     has received grants under Section 107(a)(1) of the Housing and
2-41     Community Development Act of 1974, as amended.
2-42                 (15)  "Institution of higher education" has the meaning
2-43     assigned by Section 61.003, Education Code.
2-44           SECTION 3.  Section 3, Development Corporation Act of 1979
2-45     (Article 5190.6, Vernon's Texas Civil Statutes), is amended to read
2-46     as follows:
2-47           Sec. 3.  It is hereby found, determined, and declared:
2-48                 (1)  that the present and prospective right to gainful
2-49     employment and general welfare of the people of this state require
2-50     as a public purpose the promotion and development of new and
2-51     expanded business enterprises;
2-52                 (2)  that the existence, development, and expansion of
2-53     business, commerce, [and] industry, and higher education are
2-54     essential to the economic growth of the state and to the full
2-55     employment, welfare, and prosperity of its citizens;
2-56                 (3)  that the assistance provided by industrial
2-57     development corporations in promoting higher education
2-58     opportunities will encourage and foster the development and
2-59     diversification of the economy of the state and the elimination of
2-60     unemployment and underemployment in the state;
2-61                 (4)  that the means and measures authorized by this Act
2-62     and the assistance provided in this Act, especially with respect to
2-63     financing, are in the public interest and serve a public purpose of
2-64     the state in promoting the welfare of the citizens of the state
2-65     economically by the securing and retaining of business enterprises
2-66     and the resulting maintenance of a higher level of employment,
2-67     economic activity, and stability;
2-68                 (5) [(4)]  that community industrial development
2-69     corporations in Texas have themselves invested substantial funds in
 3-1     successful industrial development projects and have experienced
 3-2     difficulty in undertaking such additional projects by reason of the
 3-3     partial inadequacy of their own funds or funds potentially
 3-4     available from local subscription sources and by reason of
 3-5     limitations of local financial institutions in providing additional
 3-6     and sufficiently sizable first mortgage loans; and
 3-7                 (6) [(5)]  that communities in this state are at a
 3-8     critical disadvantage in competing with communities in other states
 3-9     for the location or expansion of such enterprises by virtue of the
3-10     availability and prevalent use in all other states of financing and
3-11     other special incentives; therefore, the issuance of revenue bonds
3-12     by corporations on behalf of political subdivisions of the state as
3-13     hereinafter provided for the promotion and development of new and
3-14     expanded business enterprises to provide and encourage employment
3-15     and the public welfare is hereby declared to be in the public
3-16     interest and a public purpose.
3-17           This Act shall be liberally construed in conformity with the
3-18     intention of the legislature herein expressed.
3-19           SECTION 4.  Subsection (a), Section 23, Development
3-20     Corporation Act of 1979 (Article 5190.6 Vernon's Texas Civil
3-21     Statutes), is amended to read as follows:
3-22           (a)  The corporation shall have and exercise all of the
3-23     rights, powers, privileges, authority, and functions given by the
3-24     general laws of this state to nonprofit corporations incorporated
3-25     under the Texas Non-Profit Corporation Act, as amended (Article
3-26     1396-1.01 et seq., Vernon's Texas Civil Statutes); but to the
3-27     extent that the provisions of the general laws are in conflict or
3-28     inconsistent with this Act, this Act prevails.  In addition, the
3-29     corporation shall have the following powers with respect to
3-30     projects together with all powers incidental thereto or necessary
3-31     for the performance of those hereinafter stated:
3-32                 (1)  to acquire, whether by construction, devise,
3-33     purchase, gift, lease, or otherwise or any one or more of such
3-34     methods and to construct, improve, maintain, equip, and furnish one
3-35     or more projects located within the state or within the coastal
3-36     waters of the state and within or partially within the limits of
3-37     the unit under whose auspices the corporation was created or within
3-38     the limits of a different unit where the governing body thereof
3-39     requests the corporation to exercise its powers therein;
3-40                 (2)  to lease to a user all or any part of any project
3-41     for such rentals and upon such terms and conditions as its board of
3-42     directors may deem advisable and not in conflict with the
3-43     provisions of this Act;
3-44                 (3)  to sell by installment payments or otherwise and
3-45     convey all or any part of any project to a user for such purchase
3-46     price and upon such terms and conditions as its board of directors
3-47     may deem advisable and not in conflict with the provisions of this
3-48     Act;
3-49                 (4)  to donate, exchange, convey, sell, or lease land,
3-50     improvements, or any other interest in real property or
3-51     furnishings, fixtures or equipment, or personal property to an
3-52     institution of higher education for a legal purpose of the
3-53     institution upon such terms and conditions as the corporation's
3-54     board of directors may deem advisable that are not in conflict with
3-55     the provisions of this Act;
3-56                 (5)  to make secured or unsecured loans to a user for
3-57     the purpose of providing temporary or permanent financing or
3-58     refinancing of all or part of the cost of any project, including
3-59     the refunding of any outstanding obligations, mortgages, or
3-60     advances issued, made, or given by any person for the cost of a
3-61     project; and to charge and collect interest on such loans for such
3-62     loan payments and upon such terms and conditions as its board of
3-63     directors may deem advisable and not in conflict with the
3-64     provisions of this Act;
3-65                 (6) [(5)]  to issue bonds for the purpose of defraying
3-66     all or part of the cost of any project, whether or not the bonds
3-67     are exempt in whole or part from federal income taxation, to secure
3-68     the payment of such bonds as provided in this Act, and to sell
3-69     bonds at a price or prices determined by the board of directors or
 4-1     to exchange bonds for property, labor, services, material, or
 4-2     equipment comprising a project or incidental to the acquisition of
 4-3     a project, and those bonds may bear interest at any rate or rates
 4-4     determined by the board of directors, subject to the limitations
 4-5     set forth in this Act;
 4-6                 (7) [(6)]  as security for the payment of the principal
 4-7     of and interest on any bonds issued and any agreements made in
 4-8     connection therewith, to mortgage and pledge any or all of its
 4-9     projects or any part or parts thereof, whether then owned or
4-10     thereafter acquired, and to assign any mortgage and repledge any
4-11     security conveyed to the corporation to secure any loan made by the
4-12     corporation and to pledge the revenues and receipts therefrom;
4-13                 (8) [(7)]  to sue and be sued, complain and defend, in
4-14     its corporate name;
4-15                 (9) [(8)]  to have a corporate seal and to use the same
4-16     by causing it or a facsimile thereof to be impressed on, affixed
4-17     to, or in any manner reproduced upon instruments of any nature
4-18     required to be executed by its proper officers;
4-19                 (10) [(9)]  to make and alter bylaws not inconsistent
4-20     with its articles of incorporation or with the laws of this state
4-21     with the approval of the unit under whose auspices the corporation
4-22     was created by resolution of the governing body for the
4-23     administration and regulation of the affairs of the corporation;
4-24                 (11) [(10)]  to cease its corporate activities and
4-25     terminate its existence by voluntary dissolution as provided
4-26     herein; and
4-27                 (12) [(11)]  whether included in the foregoing or not,
4-28     to have and exercise all powers necessary or appropriate to effect
4-29     any or all of the purposes for which the corporation is organized
4-30     which powers shall be subject at all times to the control of the
4-31     governing body of the unit under whose auspices the corporation was
4-32     created.
4-33           SECTION 5.  Subchapter A, Chapter 130, Education Code, is
4-34     amended by adding Section 130.0021 to read as follows:
4-35           Sec. 130.0021.  CONVEYANCE OF CERTAIN REAL PROPERTY.  A
4-36     public junior college or a public junior college district may
4-37     donate, exchange, convey, sell, or lease land, improvements, or any
4-38     other interest in any real property for less than the fair market
4-39     value of the real property interest if the donation, conveyance,
4-40     exchange, sale, or lease is being made to a university system and
4-41     the governing board of the public junior college or the public
4-42     junior college district also finds that the donation, conveyance,
4-43     exchange, sale, or lease of the interest promotes a public purpose
4-44     related to higher education within the service area of the public
4-45     junior college or the public junior college district.
4-46           SECTION 6.  The importance of this legislation and the
4-47     crowded condition of the calendars in both houses create an
4-48     emergency and an imperative public necessity that the
4-49     constitutional rule requiring bills to be read on three several
4-50     days in each house be suspended, and this rule is hereby suspended,
4-51     and that this Act take effect and be in force from and after its
4-52     passage, and it is so enacted.
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