SRC-SEW C.S.H.B. 2628 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2628
77R14849 JMG-DBy: Wolens (Shapiro)
Intergovernmental Relations
5/4/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Unlike some nonprofit organizations, the Greater Dallas Jewish Community
Capital Campaign (Capital Campaign) does not engage in just one type of
activity. The Capital Campaign serves as an umbrella fund raising
organization for a number of community organizations with different
missions. Under current law, the Capital Campaign is required to obtain
separate sources of financing for each type of facility it assists.
C.S.H.B. 2628 modifies the powers, authority, and rights of a cultural
educational facilities finance corporation.  


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 4, Cultural Education Facilities Finance
Corporation Act (Article 1528m, V.T.C.S.), as follows: 

 Sec.  4.  (a) Makes nonsubstantive changes.  

(b) Requires the cultural educational facilities finance corporation
(corporation) to be created and organized in the same manner and have the
same powers, authority, and rights with respect to cultural facilities and
health facilities that a health facilities development corporation has with
respect to health facilities under Chapter 221, Health and Safety Code; and
with respect to educational facilities, housing facilities, and other
facilities incidental, subordinate, or related to those facilities that a
nonprofit corporation created under Section 53.35(b), Education Code, or an
authority created under Section 53.11, Education Code, has under Chapter
53, Education Code.  

(c) Provides that the powers of a corporation under Subsection (b) include
certain specific powers. 

(d) Authorizes, regardless of any provision in Chapter 221, Health and
Safety Code, or Chapter 53, Education Code, the authority of the
corporation to be exercised inside or outside the limits of the city or
county that created the corporation if the city is located in a county with
a population of more than 400,000 or inside or outside the limits of the
county that created the corporation if the county has a population of more
than 400,000.  Authorizes the authority to be exercised without the consent
or other action of any person that would otherwise be required under
Chapter 221, Health and Safety Code, or Chapter 53, Education Code, unless
the articles of incorporation or bylaws of the corporation provide
differently.  Prohibits the authority of a corporation under this section
from preempting the police powers of any sponsoring entity or any other
laws regulating or empowering sponsoring entities to regulate the
activities of the  corporation. 

SECTION 2.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends engrossed H.B. 2628 as follows:

SECTION 1.  Adds the text "if the city is located in a county with a
population of more than 400,000 or inside or outside the limits of the
county that created the corporation if the county has a population of more
than 400,000."  Makes a conforming change. 

SECTION 2.  No change.