1-1     By:  Farrar (Senate Sponsor - Lindsay)                H.B. No. 3285
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on
 1-4     Intergovernmental Relations; May 10, 2001, reported favorably by
 1-5     the following vote:  Yeas 6, Nays 0; May 10, 2001, sent to
 1-6     printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the issuance and refunding of anticipation notes and
1-10     the financing of certain contracts by certain political
1-11     subdivisions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 1431.001, Government Code, is amended to
1-14     conform to Sections 3 and 4, Chapter 984, Acts of the 76th
1-15     Legislature, Regular Session, 1999, and is further amended to read
1-16     as follows:
1-17           Sec. 1431.001.  DEFINITIONS.  In this chapter:
1-18                 (1)  "Anticipation note" means a note issued under this
1-19     chapter.
1-20                 (2)  "Eligible countywide district" means a flood
1-21     control district or a hospital district the boundaries of which are
1-22     substantially coterminous with the boundaries of a county with a
1-23     population of three million or more.
1-24                 (3)  "Eligible school district" means an independent
1-25     school district that has an average daily attendance of 190,000 or
1-26     more as determined under Section 42.005, Education Code.
1-27                 (4)  "Governing body" means the commissioners court of
1-28     a county or the governing body of a municipality, eligible school
1-29     district, or eligible countywide district authorized to issue
1-30     anticipation notes on behalf of an issuer.
1-31                 (5) [(3)]  "Issuer" means a county, [or] municipality,
1-32     eligible school district, or eligible countywide district issuing
1-33     an anticipation note.
1-34           SECTION 2.  Section 1431.002, Government Code, is amended to
1-35     conform to Sections 4 and 6, Chapter 984, Acts of the 76th
1-36     Legislature, Regular Session, 1999, by adding Subsection (c) and is
1-37     further amended by amending Subsection (a) to read as follows:
1-38           (a)  The commissioners court of a county by order, on the
1-39     recommendation of the county auditor or the county budget officer,
1-40     as applicable, or the governing body of an eligible countywide
1-41     district may authorize the issuance of an anticipation note.
1-42           (c)  The governing body of an eligible school district by
1-43     order may authorize the issuance of an anticipation note.
1-44           SECTION 3.  Section 1431.003(a), Government Code, is amended
1-45     to conform to Section 5, Chapter 984, Acts of the 76th Legislature,
1-46     Regular Session, 1999, and is further amended to read as follows:
1-47           (a)  This section applies only to an issuer that is:
1-48                 (1)  a county; [or]
1-49                 (2)  a municipality with a population of 80,000 or
1-50     more;
1-51                 (3)  an eligible school district; or
1-52                 (4)  an eligible countywide district.
1-53           SECTION 4.  Section 1431.004, Government Code, is amended to
1-54     conform to Section 4, Chapter 984, Acts of the 76th Legislature,
1-55     Regular Session, 1999, and is further amended to read as follows:
1-56           Sec. 1431.004.  USES OF ANTICIPATION NOTE PROCEEDS.  (a)  An
1-57     issuer, other than an eligible school district, may use the
1-58     proceeds of an anticipation note to pay:
1-59                 (1)  a contractual obligation incurred or to be
1-60     incurred for:
1-61                       (A)  the construction of a public work;
1-62                       (B)  the purchase of materials, supplies,
1-63     equipment, machinery, buildings, lands, and rights-of-way for the
1-64     issuer's authorized needs and purposes; or
 2-1                       (C)  a professional service, including a service
 2-2     by a tax appraisal engineer, engineer, architect, attorney,
 2-3     mapmaker, auditor, financial advisor, or fiscal agent;
 2-4                 (2)  operating or current expenses; or
 2-5                 (3)  the issuer's cumulative cash flow deficit.
 2-6           (b)  The governing body of an eligible school district may
 2-7     use the proceeds of an anticipation note to pay an obligation
 2-8     incurred or to be incurred for:
 2-9                 (1)  a purpose described by Subsection(a)(1)(C), (2),
2-10     or (3); or
2-11                 (2)  the purchase of materials, supplies, equipment, or
2-12     machinery for an issuer's authorized needs and purposes.
2-13           (c)  For the purposes of this section, the cumulative cash
2-14     flow deficit is the amount by which the sum of an issuer's
2-15     anticipated expenditures and cash reserve reasonably required to
2-16     pay unanticipated expenditures exceeds the amount of the issuer's
2-17     cash, marketable securities, and money in an account that may be
2-18     used to pay an issuer's anticipated expenditures, other than:
2-19                 (1)  money in an account the use of which is subject to
2-20     legislative or judicial action or that is subject to a legislative,
2-21     judicial, or contractual requirement that the account be
2-22     reimbursed; or
2-23                 (2)  the proceeds of an anticipation note.
2-24           (d) [(c)]  For the purposes of Subsection (c) [(b)], an
2-25     amount equal to one month's anticipated expenditures is presumed to
2-26     be reasonably required as a cash reserve.
2-27           SECTION 5.  Section 1431.006, Government Code, is amended to
2-28     conform to Section 7, Chapter 984, Acts of the 76th Legislature,
2-29     Regular Session, 1999, and is further amended to read as follows:
2-30           Sec. 1431.006.  LIMITATION ON NOTES TO PAY EXPENSES.
2-31     Anticipation notes issued for the purposes described by [under]
2-32     Section 1431.004(a)(2) may not, in the fiscal year in which the
2-33     attorney general approves the notes:
2-34                 (1)  for a municipality, exceed 75 percent of the
2-35     revenue or taxes anticipated to be collected in that year; [or]
2-36                 (2)  for a county or an eligible countywide district,
2-37     exceed 50 percent of the revenue or taxes anticipated to be
2-38     collected in that year; or
2-39                 (3)  for an eligible school district, exceed 75 percent
2-40     of the income of the district for the fiscal year preceding that
2-41     year.
2-42           SECTION 6.  Section 1431.007, Government Code, is amended to
2-43     read as follows:
2-44           Sec. 1431.007.  GENERAL SOURCES OF PAYMENT.  (a)  Except as
2-45     provided by Subsection (b), a [A] governing body may:
2-46                 (1)  provide that anticipation notes be paid from and
2-47     secured by revenue, taxes, or the proceeds of bonds to be issued by
2-48     the issuer; and
2-49                 (2)  pledge to the payment of anticipation notes
2-50     revenue, taxes, or the proceeds of bonds to be issued by the
2-51     issuer.
2-52           (b)  The governing body of a flood control district operating
2-53     as a conservation and reclamation district that issues anticipation
2-54     notes for one or more purposes described in Section 1431.004(a)(1)
2-55     may:
2-56                 (1)  provide that the anticipation notes be paid from
2-57     and secured by revenue or the proceeds of bonds to be issued by the
2-58     issuer; and
2-59                 (2)  pledge to the payment of the anticipation notes
2-60     revenues or the proceeds of bonds to be issued by the issuer.
2-61           SECTION 7.  Section 1431.009, Government Code, is amended to
2-62     conform to Section 7, Chapter 984, Acts of the 76th Legislature,
2-63     Regular Session, 1999, and is further amended to read as follows:
2-64           Sec. 1431.009.  MATURITY.  (a)  Except as provided by
2-65     Subsection (b), an [An] anticipation note issued for a purpose
2-66     described by Section 1431.004(a)(1) or (b)(2) must mature before
2-67     the seventh anniversary of the date that the attorney general
2-68     approves the note.
2-69           (b)  An anticipation note issued by a county with a
 3-1     population of three million or more, an eligible countywide
 3-2     district, or an eligible school district for a purpose described by
 3-3     Section 1431.004(a)(1) or (b)(2) must mature before the 15th
 3-4     anniversary of the date that the attorney general approves the
 3-5     note.
 3-6           (c)  An anticipation note issued for a purpose described by
 3-7     Section 1431.004(a)(2) or (3) must mature before the first
 3-8     anniversary of the date that the attorney general approves the
 3-9     note.
3-10           (d)  A bond issued under Chapter 1207 to refund an
3-11     anticipation note issued by a county, municipality, or eligible
3-12     countywide district for a purpose described by Section
3-13     1431.004(a)(1) or by an eligible school district for a purpose
3-14     described by Section 1431.004(a)(1)(C) or (b)(2) is subject to the
3-15     limitation on maturity provided by Section 1207.006 and not the
3-16     limitation provided by Subsection (a).
3-17           SECTION 8.  Section 411.003(a), Local Government Code, is
3-18     amended to read as follows:
3-19           (a)  The commissioners court of a county may contract with
3-20     the federal soil conservation service, a state soil conservation
3-21     district, the state extension service, a conservation and
3-22     reclamation district, a drainage district, a water control and
3-23     improvement district, a navigation district, a flood control
3-24     district, a levee improvement district, or a municipality as
3-25     provided by Section 256.006, Transportation Code, for the purpose
3-26     of carrying out plans and programs for flood control and soil
3-27     conservation.  The contract may provide that payments due under the
3-28     contract are payable from and secured by a pledge of any revenue of
3-29     the county or the county's ad valorem taxes or a combination of
3-30     those revenues and taxes.
3-31           SECTION 9.  Section 1431.009(d), Government Code, as added by
3-32     this Act, applies to bonds issued to refund anticipation notes,
3-33     regardless of whether the anticipation notes were issued before,
3-34     on, or after the effective date of this Act.
3-35           SECTION 10.  (a)  In accordance with Section 311.031(c),
3-36     Government Code, giving effect to a substantive amendment enacted
3-37     by the same legislature that codifies the amended statute, the text
3-38     of Sections 1431.001 through 1431.004, 1431.006, and 1431.009,
3-39     Government Code, as set out in this Act, gives effect to changes
3-40     made by Sections 3 through 7, Chapter 984, Acts of the 76th
3-41     Legislature, Regular Session, 1999.
3-42           (b)  To the extent of any conflict, this Act prevails over
3-43     another Act of the 77th Legislature, Regular Session, 2001,
3-44     relating to nonsubstantive additions and corrections in enacted
3-45     codes.
3-46           SECTION 11.  Sections 3 through 7, Chapter 984, Acts of the
3-47     76th Legislature, Regular Session, 1999, are repealed.
3-48           SECTION 12.  This Act takes effect September 1, 2001.
3-49                                  * * * * *