1-1     By:  Wolens (Senate Sponsor - Shapiro)                H.B. No. 2628
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 7, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 6, Nays
 1-6     0; May 7, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 2628                   By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the powers and rights of a cultural educational
1-11     facilities finance corporation.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 4, Cultural Education Facilities Finance
1-14     Corporation Act (Article 1528m, Vernon's Texas Civil Statutes), is
1-15     amended to read as follows:
1-16           Sec. 4.  CREATION OF CORPORATIONS; POWERS; ISSUANCE OF BONDS.
1-17     (a)  A city or county may create a nonmember, nonstock, public,
1-18     cultural educational facilities finance corporation for the sole
1-19     purpose of acquiring, constructing, providing, improving,
1-20     financing, and refinancing cultural facilities for the public
1-21     purposes stated in this Act.
1-22           (b)  The corporation shall be created and organized in the
1-23     same manner and has the same powers, authority, and rights:
1-24                 (1)  with respect to cultural facilities and health
1-25     facilities that [as] a health facilities development corporation
1-26     has with respect to health facilities under Chapter 221, Health and
1-27     Safety Code; and
1-28                 (2)  with respect to educational facilities, housing
1-29     facilities, and other facilities incidental, subordinate, or
1-30     related to those facilities that a nonprofit corporation created
1-31     under Section 53.35(b), Education Code, or an authority created
1-32     under Section 53.11, Education Code, has under Chapter 53,
1-33     Education Code.
1-34           (c)  The powers of a corporation under Subsection (b)
1-35     include[, including] the power to acquire, purchase, lease,
1-36     mortgage, and convey property with respect to a [cultural]
1-37     facility;  borrow money by issuing bonds, notes, and other
1-38     obligations;  lend money for its corporate purposes;  invest and
1-39     reinvest its funds; and secure its bonds, notes, and obligations by
1-40     mortgaging, pledging, assigning, or otherwise encumbering its
1-41     property or assets.
1-42           (d)  Regardless of any provision in Chapter 221, Health and
1-43     Safety Code, or Chapter 53, Education Code, the authority of the
1-44     corporation may be exercised inside or outside the limits of the
1-45     city that created the corporation if the city is located in a
1-46     county with a population of more than 400,000 or inside or outside
1-47     the limits of the county that created the corporation if the county
1-48     has a population of more than 400,000.  The authority may be
1-49     exercised without the consent or other action of any person that
1-50     would otherwise be required under Chapter 221, Health and Safety
1-51     Code, or Chapter 53, Education Code, unless the articles of
1-52     incorporation or bylaws of the corporation provide differently.
1-53     The authority of a corporation under this section shall not preempt
1-54     the police powers of any sponsoring entity or any other laws
1-55     regulating or empowering sponsoring entities to regulate the
1-56     activities of the corporation.
1-57           SECTION 2.  This Act takes effect immediately if it receives
1-58     a vote of two-thirds of all the members elected to each house, as
1-59     provided by Section 39, Article III, Texas Constitution.  If this
1-60     Act does not receive the vote necessary for immediate effect, this
1-61     Act takes effect September 1, 2001.
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