SRC-SEW H.B. 3285 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 3285
77R11844 JMG-DBy: Farrar (Lindsay)
Intergovernmental Relations
5/6/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, a county, a municipality, or an eligible school district
are authorized to issue anticipation notes with a maturity of up to seven
years to pay contractual obligations relating to the construction of a
public work. Anticipation notes have been used by these entities for
successful commercial programs. However, these entities have used these
programs to provide low-cost variable financing for facilities that in some
instances have useful lives greater than seven years. In addition, a legal
issue regarding the maturity of anticipation notes has been raised
concerning whether the notes mature under provisions relating to refunding
bonds or under provisions relating to anticipation notes.  

Currently, counties with a population of three million or more are not
authorized to issue anticipation notes for a flood control district or a
hospital district (eligible countywide district). In addition, a county may
wish to enter into a contract with its flood control district under which
the district would undertake flood control projects on behalf of the
county. Such contracts are authorized, but a source of payment or security
for the contract payments is not specified.  

H.B. 3285 authorizes an eligible countywide district to issue anticipation
notes, increases the maturity period to 15 years for anticipation notes,
allows refunding bonds to be used, and provides funding for projects
performed on behalf of a county.  

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 1431.001, Government Code, to conform to
Sections 3 and 4, Chapter 984, Acts of the 76th Legislature, Regular
Session, 1999, and further amends it to define "eligible countywide
district" and "eligible school district," and redefine "governing body" and
"issuer."   
  
SECTION 2.  Amends Section 1431.002, Government Code, to conform to
Sections 4 and 6, Chapter 984, Acts of the 76th Legislature, Regular
Session, 1999, and further amends it by adding Subsection (c) and amending
Subsection (a), as follows: 

(a)  Authorizes the commissioners court of a county by order, on the
recommendation of the county auditor or the county budget officer, as
applicable, or the governing body of an eligible countywide district to
authorize the issuance of an anticipation note. 
 
(c)  Authorizes the governing body of an eligible school district by order
to authorize the issuance of an anticipation note. 

SECTION 3.  Amends Section 1431.003(a), Government Code, to conform to
Section 5, Chapter 984, Acts of the 76th Legislature, Regular Session,
1999, and further amends it to provide that this section applies only to an
issuer that is a county; a municipality with a population of 80,000 or
more; an  eligible school district; or an eligible countywide district. 

SECTION 4.  Amends Section 1431.004, Government Code, to conform to Section
4, Chapter 984, Acts of the 76th Legislature, Regular Session, 1999, and
further amends it as follows: 

Sec. 1431.004.  Authorizes an issuer, other than an eligible school
district, to use the proceeds of an anticipation note for certain purposes.
Authorizes the governing body of an eligible school district to use the
proceeds of an anticipation note to pay an obligation incurred or to be
incurred for certain purposes.  Makes conforming and nonsubstantive
changes.   

SECTION 5.  Amends Section 1431.006, Government Code, to conform to Section
7, Chapter 984, Acts of the 76th Legislature, Regular Session, 1999, and
further amends it as follows: 
 
Sec. 1431.006.  Prohibits anticipation notes issued for the purposes
described by Section 1431.004(a)(2) from, in the fiscal year in which the
attorney general approves the notes, exceeding a certain amount.   

SECTION 6.  Amends Section 1431.007, Government Code, as follows:
 
Sec. 1431.007. Authorizes a governing body, with an exception, to perform
certain functions. Authorizes the governing body of a flood control
district operating as a conservation and reclamation district that issues
anticipation notes for one or more purposes described in Section
1431.004(a)(1) to perform certain functions.   
  
SECTION 7.  Amends Section 1431.009, Government Code, to conform to Section
7, Chapter 984, Acts of the 76th Legislature, Regular Session, 1999, and
further amends it as follows: 

Sec. 1431.009. Requires certain anticipation notes, with an exception, to
mature before the seventh anniversary of the date that the attorney general
approves the note.  Requires certain anticipation notes to mature before
the 15th anniversary of the date that the attorney general approves the
note.  Provides that a bond issued under Chapter 1207 to refund an
anticipation note issued by a county, municipality, or eligible countywide
district for a purpose described by Section 1431.004(a)(1) or by an
eligible school district for a purpose described by Section
1431.004(a)(1)(C) or (b)(2) is subject to the limitation on maturity
provided by Section 1207.006 and not the limitation provided by Subsection
(a). 

SECTION 8.  Amends Section 411.003(a), Local Government Code, to authorize
the contract to provide that payments due under the contract are payable
from and secured by a pledge of any revenue of the county or the county's
ad valorem taxes or a combination of those revenues and taxes. 

SECTION 9.  Provides that Section 1431.009(d), Government Code, as added by
this Act, applies to bonds issued to refund anticipation notes, regardless
of whether the anticipation notes were issued before, on, or after the
effective date of this Act. 
 
SECTION 10.  (a) Provides that, in accordance with Section 311.031(c),
Government Code, giving effect to a substantive amendment enacted by the
same legislature that codifies the amended statute, the text of Sections
1431.001 through 1431.004, 1431.006, and 1431.009, Government Code, as set
out in this Act, gives effect to changes made by Sections 3 through 7,
Chapter 984, Acts of the 76th Legislature, Regular Session, 1999. 
 
(b)  Provides that, to the extent of any conflict, this Act prevails over
another Act of the 77th Legislature, Regular Session, 2001, relating to
nonsubstantive additions and corrections in enacted codes.  
 
SECTION 11.  Repealers:  Sections 3 through 7, Chapter 984, Acts of the
76th Legislature, Regular  Session, 1999. 
 
SECTION 12.  Effective date:  September 1, 2001.