77R9831 SGA-F
By Kuempel H.B. No. 3357
Substitute the following for H.B. No. 3357:
By Solomons C.S.H.B. No. 3357
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the power of a river authority engaged in the
1-3 distribution and sale of electric energy to provide credit support
1-4 for an affiliated nonprofit corporation.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 152, Water Code, is amended
1-7 by adding Section 152.058 to read as follows:
1-8 Sec. 152.058. GUARANTEE AND OTHER CREDIT SUPPORT RELATING TO
1-9 PUBLIC SECURITIES AND OTHER OBLIGATIONS. (a) In this section,
1-10 "public security" has the meaning assigned by Section 1202.001,
1-11 Government Code.
1-12 (b) Under Section 52-a, Article III, Texas Constitution, a
1-13 river authority that has created a corporation under Section
1-14 152.051 may guarantee or otherwise provide credit support for any
1-15 public security or other obligation or contract of that corporation
1-16 if the board of directors of the river authority determines that
1-17 the guarantee or other credit agreement:
1-18 (1) is beneficial to a public purpose of the river
1-19 authority; and
1-20 (2) is for the public purpose of:
1-21 (A) the development and diversification of the
1-22 economy of the state;
1-23 (B) the elimination of unemployment or
1-24 underemployment in the state; or
2-1 (C) the development or expansion of commerce in
2-2 the state.
2-3 (c) A determination by the board of directors of a river
2-4 authority under Subsection (b) is conclusive.
2-5 (d) A guarantee or other credit agreement authorized by
2-6 Subsection (b) may provide for the guarantee of or other credit
2-7 support for public securities or other obligations or contracts of
2-8 the corporation, all or a portion of which may be authorized,
2-9 executed, and delivered in the future.
2-10 (e) Chapter 1202, Government Code, applies to a guarantee or
2-11 other credit agreement under this section as if the guarantee or
2-12 other credit agreement were a public security.
2-13 SECTION 2. This Act takes effect September 1, 2001.