By Brown of Brazos H.B. No. 2816
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of nonprofit corporations to refund
1-3 outstanding student loan bonds.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 53.47, Education Code is amended by
1-6 adding a new Subsection (h) to read as follows:
1-7 (h) The governing body of a city is authorized to have
1-8 created hereunder a nonprofit corporation to act on its behalf and
1-9 as its duly constituted instrumentality to exercise the powers
1-10 granted in this subsection. Upon approval by the city, such
1-11 nonprofit corporation is authorized to issue its revenue bonds and
1-12 to loan the proceeds thereof to an entity that has assumed the
1-13 outstanding bond obligations of a nonprofit corporation, such loan
1-14 shall be for the purpose of refunding such outstanding bonds. The
1-15 bonds to be refunded must have been originally issued as "qualified
1-16 scholarship funding bonds" (within the meaning of that term as
1-17 defined in Section 150(d)(2) of the Internal Revenue Code of 1986,
1-18 as amended) by a nonprofit corporation while acting pursuant to
1-19 Subsection (e) hereof and that subsequently made the election
1-20 permitted under Section 150(d)(3) of the Internal Revenue Code, as
1-21 amended. Any refunding bonds shall be solely the obligation of
1-22 such nonprofit corporation and shall not be or constitute a debt or
1-23 obligation of the city. If a nonprofit corporation is created
2-1 hereunder, the board of directors thereof shall be appointed, and
2-2 be subject to removal, by the governing body of the city. In
2-3 addition to the powers granted under this Subsection (h), the
2-4 corporation shall have all powers granted under the Texas Nonprofit
2-5 Corporation Act that are incidental, subordinate, related to or
2-6 appropriate in carrying out the purposes authorized in this
2-7 subsection.
2-8 SECTION 2. This Act takes effect immediately if it receives
2-9 a vote of two-thirds of all the members elected to each house, as
2-10 provided by Section 39, Article III, Texas Constitution. If this
2-11 Act does not receive the vote necessary for immediate effect, this
2-12 Act takes effect September 1, 2001.