By:  Fraser                                           S.B. No. 1555
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to administration of bond and other programs by the
 1-2     Veterans' Land Board.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 161.074, Natural Resources Code, is
 1-5     amended to read as follows:
 1-6           Sec. 161.074.  BOND ENHANCEMENT AGREEMENTS.  (a)  The board
 1-7     may at any time and from time to time enter into one or more bond
 1-8     enhancement agreements that the board determines to be necessary or
 1-9     appropriate to place the obligation of the board, as represented by
1-10     the bonds, in whole or in part, on the interest rate, currency,
1-11     cash flow, or other basis desired by the board.  Bond enhancement
1-12     agreements may include, on terms and conditions approved by the
1-13     board, interest rate swap agreements, currency swap agreements,
1-14     forward payment conversion agreements, agreements providing for
1-15     payments based on levels of or changes in interest rates or
1-16     currency exchange rates, agreements to exchange cash flows or a
1-17     series of payments, or agreements, including options, puts, or
1-18     calls, to hedge payment, currency, rate, spread, or other exposure.
1-19     A bond enhancement agreement is an agreement for professional
1-20     services and shall contain the terms and conditions and be for the
1-21     period that the board approves.  The fees and expenses of the board
1-22     in connection with the issuance of bonds and the purchase and sale
1-23     of land may be paid from money in the fund, provided that payments
1-24     due from the board under a bond enhancement agreement, other than
 2-1     fees and expenses, that relate to the payment of debt service on
 2-2     bonds constitute payments of principal of and interest on the
 2-3     bonds.
 2-4           (b)  The resolution of the board authorizing a bond
 2-5     enhancement agreement may authorize one or more designated officers
 2-6     or employees of the board to act on behalf of the board in entering
 2-7     into and delivering the bond enhancement agreement and in
 2-8     determining or setting the counterparty and terms of the bond
 2-9     enhancement agreement specified in the resolution, except that the
2-10     resolution must set the maximum amount and term for the bond
2-11     enhancement agreement.
2-12           (c)  Unless the board elects otherwise in its approval of a
2-13     bond enhancement agreement, the bond enhancement agreement is not a
2-14     credit agreement for purposes of Chapter 656, Acts of the 68th
2-15     Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
2-16     Civil Statutes), regardless of whether the bonds relating to the
2-17     bond enhancement agreement were issued in part under that law.
2-18           SECTION 2.  Subsection (b), Section 161.1732, Natural
2-19     Resources Code, is amended to read as follows:
2-20           (b)  To be eligible to lend securities under this section, a
2-21     custodian selected by the board under Subsection (a) must be
2-22     experienced in the operation of a fully secured securities loan
2-23     program and must:
2-24                 (1)  maintain adequate capital in the prudent judgment
2-25     of the board to assure the safety of the securities;
2-26                 (2)  execute an indemnification agreement satisfactory
 3-1     in form and content to the board fully indemnifying the board
 3-2     against loss resulting from the custodian's operation of a
 3-3     securities loan program for the fund's securities; and
 3-4                 (3)  require any securities broker or dealer to whom it
 3-5     lends securities of the fund to deliver to, and maintain with, the
 3-6     custodian collateral in the form of cash, [or] United States
 3-7     government securities, or letters of credit that are issued by
 3-8     banks and rated as to investment quality not less than A or its
 3-9     equivalent by a nationally recognized investment rating firm in an
3-10     amount equal to at least 100 percent of the market value, from time
3-11     to time, of the loaned securities.
3-12           SECTION 3.  Subsection (b), Section 161.312, Natural
3-13     Resources Code, is amended to read as follows:
3-14           (b)  The notice shall state the reason why the contract of
3-15     sale and purchase is subject to forfeiture and is sufficient if
3-16     given by certified [registered] mail to the last known address of
3-17     the original purchaser and his vendees.
3-18           SECTION 4.  Subsection (b), Section 162.0042, Natural
3-19     Resources Code, is amended to read as follows:
3-20           (b)  To be eligible to lend securities under this section, a
3-21     custodian selected by the board under Subsection (a)  must be
3-22     experienced in the operation of a fully secured securities loan
3-23     program and must:
3-24                 (1)  maintain adequate capital in the prudent judgment
3-25     of the board to assure the safety of the securities;
3-26                 (2)  execute an indemnification agreement satisfactory
 4-1     in form and content to the board fully indemnifying the board
 4-2     against loss resulting from the custodian's operation of a
 4-3     securities loan program for the fund's securities; and
 4-4                 (3)  require any securities broker or dealer to whom it
 4-5     lends securities of the fund to deliver to, and maintain with, the
 4-6     custodian collateral in the form of cash, [or] United States
 4-7     government securities, or letters of credit that are issued by
 4-8     banks and rated as to investment quality not less than A or its
 4-9     equivalent by a nationally recognized investment rating firm in an
4-10     amount equal to at least 100 percent of the market value, from time
4-11     to time, of the loaned securities.
4-12           SECTION 5.  Section 162.052, Natural Resources Code, is
4-13     amended to read as follows:
4-14           Sec. 162.052.  BOND ENHANCEMENT AGREEMENTS. (a)  The board
4-15     may at any time and from time to time enter into one or more bond
4-16     enhancement agreements that the board determines to be necessary or
4-17     appropriate to place the obligation of the board, as represented by
4-18     the bonds, in whole or in part, on the interest rate, currency,
4-19     cash flow, or other basis desired by the board.  Bond enhancement
4-20     agreements may include, on terms and conditions approved by the
4-21     board, interest rate swap agreements, currency swap agreements,
4-22     forward payment conversion agreements, agreements providing for
4-23     payments based on levels of or changes in interest rates or
4-24     currency exchange rates, agreements to exchange cash flows or a
4-25     series of payments, or agreements, including options, puts, or
4-26     calls, to hedge payment, currency, rate, spread, or other exposure.
 5-1     A bond enhancement agreement is an agreement for professional
 5-2     services and shall contain the terms and conditions and be for the
 5-3     period that the board approves.  The fees and expenses of the board
 5-4     in connection with the issuance of bonds and the making of loans
 5-5     may be paid from money in the related fund, provided that any
 5-6     payments due from the board under a bond enhancement agreement,
 5-7     other than fees and expenses, that relate to the payment of debt
 5-8     service on bonds constitute payments of principal of and interest
 5-9     on the bonds.
5-10           (b)  The resolution of the board authorizing a bond
5-11     enhancement agreement may authorize one or more designated officers
5-12     or employees of the board to act on behalf of the board in entering
5-13     into and delivering the bond enhancement agreement and in
5-14     determining or setting the counterparty and terms of the bond
5-15     enhancement agreement specified in the resolution, except that the
5-16     resolution must set the maximum amount and term for the bond
5-17     enhancement agreement.
5-18           (c)  Unless the board elects otherwise in its approval of a
5-19     bond enhancement agreement, the bond enhancement agreement is not a
5-20     credit agreement for purposes of Chapter 656, Acts of the 68th
5-21     Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
5-22     Civil Statutes), regardless of whether the bonds relating to the
5-23     bond enhancement agreement were issued in part under that law.
5-24           SECTION 6.  Section 164.005, Natural Resources Code, is
5-25     amended by adding Subsections (d) and (e) to read as follows:
5-26           (d)  The board may not authorize the use of any veterans home
 6-1     in a manner that would entitle the United States to recover any
 6-2     amounts pursuant to 38 U.S.C. Section 8136, as amended, or any
 6-3     successor statute.
 6-4           (e)  On terms and conditions acceptable to it, the board may
 6-5     accept and administer gifts, grants, or donations for the support,
 6-6     acquisition, construction, operation, enlargement, improvement,
 6-7     furnishing, or equipping of veterans homes and may enter into
 6-8     agreements with a nonprofit corporation for the solicitation,
 6-9     receipt, and disbursement of the gifts, grants, or donations.
6-10           SECTION 7.  Section 164.009, Natural Resources Code, is
6-11     amended to read as follows:
6-12           Sec. 164.009.  SECURITY FOR THE BONDS.  (a)  The bonds issued
6-13     under this chapter shall be special obligations of the board.  As
6-14     security for the payment of the bonds, the board may provide for a
6-15     pledge of and lien or mortgage on:
6-16                 (1)  the receipts of all kinds of the veterans' land
6-17     fund, the veterans' housing assistance fund, and the veterans'
6-18     housing assistance fund II determined by the board, on the basis of
6-19     facts, circumstances, and expectations at the time of issuance of
6-20     the bonds, not to be required for the payment of principal of or
6-21     interest on the general obligation bonds issued under Article III,
6-22     Sections 49-b, 49-b-1, and 49-b-2, of the Texas Constitution or to
6-23     make payments with respect to principal or interest under a bond
6-24     enhancement agreement with respect to the general obligation bonds
6-25     if the bonds are issued to provide funds to purchase land and sell
6-26     land to veterans or to make home mortgage loans to veterans;
 7-1                 (2)  the assets of the veterans' land fund, the
 7-2     veterans' housing assistance fund, or the veterans' housing
 7-3     assistance fund II determined by the board on the basis of facts,
 7-4     circumstances, and expectations at the time of issuance of the
 7-5     bonds not to be required for the purposes of the fund if the bonds
 7-6     are issued to provide funds to purchase land and sell land to
 7-7     veterans or to make home mortgage loans to veterans;
 7-8                 (3)  the payments and repayments received by the board
 7-9     from the board's financial assistance provided under this chapter;
7-10                 (4)  other program revenues; [and]
7-11                 (5)  other available revenues of the board; and
7-12                 (6)  one or more veterans homes.
7-13           (b)  The pledge and lien or mortgage are to be provided for
7-14     and determined in accordance with the resolution of the board
7-15     providing for the issuance and sale of the bonds.
7-16           SECTION 8.  Section 164.011, Natural Resources Code, is
7-17     amended to read as follows:
7-18           Sec. 164.011.  FUNDS.  (a)  In the resolution authorizing the
7-19     issuance of bonds, the board may make additional covenants with
7-20     respect to the bonds and the pledged revenues and may provide for
7-21     the flow of funds and the establishment, maintenance, and
7-22     investment of funds.
7-23           [(b)]  The funds established may include an interest and
7-24     sinking fund, a reserve fund, and other funds that will be kept and
7-25     maintained by or under the direction of the board.
7-26           (b)  The board may by resolution provide for the
 8-1     establishment, maintenance, and investment of additional funds into
 8-2     which the board may deposit revenues from any financial assistance
 8-3     program under this chapter that are not pledged to bonds, including
 8-4     any gifts, grants, or donations accepted by the board for the
 8-5     support, acquisition, construction, operation, enlargement,
 8-6     improvement, furnishing, or equipping of veterans homes.
 8-7           (c)  Funds established by the board under this chapter are
 8-8     not to be part of the State Treasury and are not subject to
 8-9     Subchapter F, Chapter 404, Government Code.  Any provision of this
8-10     chapter or other law that provides for the deposit of money or
8-11     another thing of value into the funds prevails over the
8-12     requirements of Subchapter F, Chapter 404, Government Code.  The
8-13     funds shall remain under the control of the board but, at the
8-14     direction of the board, may be kept and held in escrow and in trust
8-15     by the comptroller on behalf of the board and the owners of the
8-16     bonds and used only as provided by this chapter.
8-17           (d)  Money in a fund shall be invested in [authorized]
8-18     investments authorized as provided by a [bond] resolution or order
8-19     of the board.
8-20           (e)  Legal title to money in a fund is in the board unless or
8-21     until paid from the fund as provided by this chapter or the
8-22     resolution authorizing the issuance of the bonds or the
8-23     establishment of the fund.
8-24           (f)  The board shall select the comptroller or one or more
8-25     commercial banks, depository trust companies, or other entities to
8-26     serve as custodian of the cash or securities of a [the] fund and
 9-1     may authorize the custodian to invest the cash in investments as
 9-2     determined by the board.
 9-3           (g)  In managing the assets of a fund, the board may permit
 9-4     the custodian of the fund's securities to lend the securities as
 9-5     provided by this section and by rules adopted by the board.
 9-6           (h)  To be eligible to lend securities under this section, a
 9-7     custodian selected under Subsection (f) must be experienced in the
 9-8     operation of a fully secured securities loan program and must:
 9-9                 (1)  maintain adequate capital in the prudent judgment
9-10     of the board to assure the safety of the securities;
9-11                 (2)  execute an indemnification agreement satisfactory
9-12     in form and content to the board fully indemnifying the board
9-13     against loss resulting from the custodian's operation of a
9-14     securities loan program for the fund's securities; and
9-15                 (3)  require any securities broker or dealer to whom it
9-16     lends securities of the fund to deliver and maintain with the
9-17     custodian collateral in the form of cash, [or] United States
9-18     government securities, or letters of credit that are issued by
9-19     banks and rated as to investment quality not less than A or its
9-20     equivalent by a nationally recognized investment rating firm in an
9-21     amount equal to at least 100 percent of the market value, from time
9-22     to time, of the loaned securities.
9-23           (i)  The board shall require the custodian or custodians of a
9-24     [the] fund to administer the fund solely and strictly as provided
9-25     by this chapter and the resolution authorizing the issuance of the
9-26     bonds, and the state may not take any other action relating to the
 10-1    fund except those specified in this chapter and the resolution
 10-2    authorizing the issuance of the bonds or the establishment of the
 10-3    fund.
 10-4          SECTION 9.  The importance of this legislation and the
 10-5    crowded condition of the calendars in both houses create an
 10-6    emergency and an imperative public necessity that the
 10-7    constitutional rule requiring bills to be read on three several
 10-8    days in each house be suspended, and this rule is hereby suspended,
 10-9    and that this Act take effect and be in force from and after its
10-10    passage, and it is so enacted.