By Ogden                                               S.B. No. 914
         77R5274 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the location of certain facilities financed or
 1-3     refinanced by higher education authorities or by nonprofit
 1-4     corporations exercising the powers of those authorities.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 53.33, Education Code, is amended to read
 1-7     as follows:
 1-8           Sec. 53.33.  FACILITIES:  CONSTRUCTION, ACQUISITION, ETC. (a)
 1-9     The authority may acquire by purchase, purchase contract, or lease,
1-10     may construct, or may enlarge, extend, repair, renovate, or
1-11     otherwise improve educational facilities or housing facilities.  It
1-12     may acquire land for those purposes, furnish and equip the
1-13     facilities, and provide by contract, lease, or otherwise for the
1-14     operation and maintenance of the facilities.
1-15           (b)  The facilities must [need not] be located within the
1-16     boundaries or extraterritorial jurisdiction [city limits] of a
1-17     [the] city that created the authority [or cities].
1-18           (c)  If a city under Section 53.35 authorizes a nonprofit
1-19     corporation to exercise the powers of an authority under this
1-20     section, to the extent that this section conflicts with the powers
1-21     of the nonprofit corporation under the Texas Non-Profit Corporation
1-22     Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes),
1-23     this section controls.
1-24           (d)  Subsection (b) does not affect the validity of:
 2-1                 (1)  bonds issued under this chapter before September
 2-2     1, 2001; or
 2-3                 (2)  powers exercised under this chapter with respect
 2-4     to land or facilities acquired under this chapter before that date.
 2-5           SECTION 2. This Act takes effect September 1, 2001.