By Coleman                                            H.B. No. 1670
         77R3835 JMG-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the functions of a municipal or county cultural
 1-3     education facilities finance corporation.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 2(a), Cultural Education Facilities
 1-6     Finance Corporation Act (Article 1528m, Vernon's Texas Civil
 1-7     Statutes), is amended  to read as follows:
 1-8           (a)  The legislature finds that:
 1-9                 (1)  the health, education, and general welfare of the
1-10     people of this state require the development of new and expanded
1-11     cultural and community facilities for the purpose of:
1-12                       (A)  exhibition and promotion of and education
1-13     about the performing, dramatic, visual, and literary arts; the
1-14     culture and history of races, ethnic groups, religious groups, and
1-15     national heritage groups; and history, natural history, and
1-16     science;
1-17                       (B)  promotion of and education about health and
1-18     physical fitness, public health and safety, child care, adoption,
1-19     children's services, substance abuse counseling, family counseling,
1-20     and care of persons who are elderly or disabled;
1-21                       (C)  administering the provision and granting of
1-22     charitable services and grants in accomplishment of the purposes
1-23     described by Paragraph (B) of this subdivision;
1-24                       (D)  promotion of and education about activities
 2-1     devoted to general cultural improvement, including scouting
 2-2     programs and programs by which agencies seek to provide facilities
 2-3     for retreats in urban or rural settings;
 2-4                       (E)  support of agencies devoted to the
 2-5     eradication, elimination, or amelioration of one or more diseases
 2-6     or afflictions affecting health or improving the condition of
 2-7     individuals or groups within a community; and
 2-8                       (F)  provision of public health and safety and
 2-9     charitable services to communities in times of catastrophe or
2-10     disaster;
2-11                 (2)  the existence, development, and expansion of
2-12     cultural facilities are essential to the continuing education,
2-13     health, general welfare, and comfort of the citizens of this state;
2-14                 (3)  the means and measures authorized and the
2-15     assistance provided by this Act are in the public interest and
2-16     serve a public purpose in promoting the health, education, and
2-17     general welfare of the people of this state by securing and
2-18     maintaining cultural facilities and the resulting advancement of
2-19     culture and civilization;
2-20                 (4)  qualified cultural organizations in this state
2-21     have invested substantial funds in useful and beneficial cultural
2-22     facilities and have experienced difficulty in undertaking
2-23     additional projects because of the partial inadequacy of their own
2-24     funds or of funds potentially available from local subscription
2-25     sources and because of limitations of local financial institutions
2-26     in providing necessary financing for these facilities; and
2-27                 (5)  the enactment of this Act will:
 3-1                       (A)  secure for present and future generations
 3-2     the benefits and nurturance derived from these cultural facilities;
 3-3     and
 3-4                       (B)  enhance the public health and welfare of
 3-5     communities receiving the benefit of the cultural facilities.
 3-6           SECTION 2. Section 3(5), Cultural Education Facilities
 3-7     Finance Corporation Act (Article 1528m, Vernon's Texas Civil
 3-8     Statutes), is amended to read as follows:
 3-9                 (5)  "Cultural facility" means:
3-10                       (A)  real property or an interest in real
3-11     property, including buildings and[,] improvements, or equipment,
3-12     furnishings, [land,] or other personal property that:
3-13                             (i)  is found by the board of directors to
3-14     be necessary or convenient to finance, refinance, acquire,
3-15     construct, enlarge, remodel, renovate, improve, furnish, or equip
3-16     for cultural education or community benefit;
3-17                             (ii)  is made available for use by [or open
3-18     to] the general public or community groups; and
3-19                             (iii)  is used for a [the] purpose
3-20     described by Section 2(a)(1) of this Act; [of exhibition and
3-21     promotion of an education about the performing, dramatic, visual,
3-22     and literary arts, natural history, and science] and
3-23                       (B)  facilities incidental, subordinate, or
3-24     related to or appropriate in connection with property described by
3-25     Paragraph (A) of this subdivision [these facilities], located
3-26     within the state, regardless of the date of construction or
3-27     acquisition [whether or not constructed or acquired before or after
 4-1     the effective date of this Act].
 4-2           SECTION 3. The Cultural Education Facilities Finance
 4-3     Corporation Act (Article 1528m, Vernon's Texas Civil Statutes) is
 4-4     amended by adding Section 4A to read as follows:
 4-5           Sec. 4A.  LIMITATION ON CORPORATE PURPOSES. (a)  A city or
 4-6     county that creates a corporation under this Act may limit the
 4-7     corporation's purposes in the proceedings directing the creation of
 4-8     the corporation by prohibiting the corporation from financing
 4-9     particular types of cultural facilities, including a cultural
4-10     facility to be used for a purpose specified in the proceedings.
4-11           (b)  As a condition of providing financing, a corporation may
4-12     restrict a person receiving financing from using a cultural
4-13     facility for a particular purpose.
4-14           (c)  A restriction imposed by a city or county on a
4-15     corporation may be enforced by the governing body of the sponsoring
4-16     entity by injunction or mandamus.
4-17           (d)  A violation of a restriction by a corporation may not
4-18     impair the validity of the obligations incurred by the corporation.
4-19           SECTION 4. Section 5, Cultural Education Facilities Finance
4-20     Corporation Act (Article 1528m, Vernon's Texas Civil Statutes), is
4-21     amended by adding Subsection (c) to read as follows:
4-22           (c)  Except as provided by this Act, a corporation formed
4-23     under this Act has the same rights and powers as a corporation
4-24     organized under the Texas Non-Profit Corporation Act (Article
4-25     1396-1.01 et seq., Vernon's Texas Civil Statutes).
4-26           SECTION 5.  This Act takes effect immediately if it receives
4-27     a vote of two-thirds of all the members elected to each house, as
 5-1     provided by Section 39, Article III, Texas Constitution.  If this
 5-2     Act does not receive the vote necessary for immediate effect, this
 5-3     Act takes effect September 1, 2001.