1-1     By:  Armbrister                                       S.B. No. 1759
 1-2           (In the Senate - Filed March 14, 2001; March 15, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 19, 2001, reported favorably, as amended, by the
 1-5     following vote:  Yeas 7, Nays 0; April 19, 2001, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                              By:  Lindsay
 1-7     Amend S.B. No. 1759 by deleting SECTIONs 13, 14, 15, and 16.
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the issuance and sale of and security and payment for
1-11     public securities.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsection (a), Section 1201.022, Government
1-14     Code, is amended to read as follows:
1-15           (a)  A public security may be:
1-16                 (1)  issued singly or in a series;
1-17                 (2)  made payable in a specified amount or amounts or
1-18     installments to:
1-19                       (A)  the bearer;
1-20                       (B)  a registered or named person;
1-21                       (C)  the order of a registered or named person;
1-22     or
1-23                       (D)  a successor or assign of a registered or
1-24     named person; [and]
1-25                 (3)  issued to be sold:
1-26                       (A)  at a public or private sale; and
1-27                       (B)  under the terms determined by the governing
1-28     body of the issuer to be in the issuer's best interests; and
1-29                 (4)  issued with other specified characteristics, on
1-30     additional specified terms, or in a specified manner.
1-31           SECTION 2.  Subchapter B, Chapter 1201, Government Code, is
1-32     amended by adding Section 1201.028 to read as follows:
1-33           Sec. 1201.028.  SINGLE MEETING OF GOVERNING BODY SUFFICIENT.
1-34     Notwithstanding any other law, including a provision in a municipal
1-35     charter, the following actions taken at a meeting of the governing
1-36     body of an issuer are effective immediately and a subsequent
1-37     meeting is not required:
1-38                 (1)  a resolution, order, or ordinance calling an
1-39     election to:
1-40                       (A)  authorize the issuance and sale of a public
1-41     security; or
1-42                       (B)  approve the resources, revenue, or income of
1-43     the issuer that may be pledged as security for a public security;
1-44                 (2)  a resolution, order, or ordinance canvassing the
1-45     results of an election described by Subdivision (1); or
1-46                 (3)  a public security authorization.
1-47           SECTION 3.  Section 1203.023, Government Code, is amended to
1-48     read as follows:
1-49           Sec. 1203.023.  MAINTENANCE OF REGISTRAR RECORDS BY TRUST
1-50     COMPANY OR COMMERCIAL BANK.  At the direction of the issuer, a [A]
1-51     trust company or a commercial bank acting as a registrar under this
1-52     chapter shall maintain the registrar records in this state.
1-53           SECTION 4.  Section 1207.008, Government Code, is amended to
1-54     read as follows:
1-55           Sec. 1207.008.  LIMITATION.  (a)  An issuer may not issue
1-56     refunding bonds if the aggregate amount of payments to be made
1-57     under the refunding bonds exceeds the aggregate amount of payments
1-58     that would have been made under the terms of the obligations being
1-59     refunded unless:
1-60                 (1)  the governing body of the issuer, in the
1-61     proceedings authorizing the issuance of the refunding bonds, finds
1-62     that the issuance is in the best interests of the issuer; and
1-63                 (2)  the maximum amount by which the aggregate amount
 2-1     of payments to be made under the refunding bonds exceeds the
 2-2     aggregate amount of payments that would have been made under the
 2-3     terms of the obligations being refunded is specified in the
 2-4     proceedings.
 2-5           (b)  An issuer is not required to comply with Subsection
 2-6     (a)(2) if the governing body of the issuer determines and states in
 2-7     the proceedings authorizing the issuance of the refunding bonds
 2-8     that the manner in which the refunding is being executed does not
 2-9     make it practicable to make the determination required by that
2-10     subsection.
2-11           SECTION 5.  Subsection (a), Section 1207.061, Government
2-12     Code, is amended to read as follows:
2-13           (a)  An issuer may, in lieu of making a deposit with the
2-14     comptroller under Subchapter B, deposit an amount of money
2-15     sufficient to provide for the payment or redemption of the
2-16     obligations, including assumed obligations, to be refunded or to be
2-17     paid or redeemed in whole or in part without issuing refunding
2-18     bonds, directly with:
2-19                 (1)  a paying agent for any of the obligations to be
2-20     refunded, paid, or redeemed; [or]
2-21                 (2)  the trustee under a trust indenture, deed of
2-22     trust, or similar instrument providing security for the obligations
2-23     to be refunded, paid, or redeemed; or
2-24                 (3)  a trust company or commercial bank other than one
2-25     described by Subdivision (1) or (2) that:
2-26                       (A)  does not act as a depository for the issuer;
2-27     and
2-28                       (B)  is named in the proceedings of the issuer
2-29     authorizing execution of an agreement under Section 1207.062.
2-30           SECTION 6.  Subsection (a), Section 1207.062, Government
2-31     Code, is amended to read as follows:
2-32           (a)  An issuer may enter into an escrow or similar agreement
2-33     with a person described by Section 1207.061(a) [paying agent or
2-34     trustee] with respect to the safekeeping, investment,
2-35     administration, and disposition of a deposit made under Section
2-36     1207.061.
2-37           SECTION 7.  Section 1207.063, Government Code, is amended to
2-38     read as follows:
2-39           Sec. 1207.063.  DUTY TO COMPLY.  A person described by
2-40     Section 1201.061(a) [paying agent or trustee] that enters into an
2-41     agreement under Section 1207.062 shall comply with each term of
2-42     that agreement and, from the deposited money and in the manner and
2-43     to the extent provided by the agreement, make available to any
2-44     other paying agent or trustee for an obligation of the same or a
2-45     different series of obligations to be refunded, paid, or redeemed,
2-46     the amounts required by the terms of the obligation to pay or
2-47     redeem the principal of and interest on the obligation when due.
2-48           SECTION 8.  Subdivision (2), Section 1371.001, Government
2-49     Code, is amended to conform to Section 1, Chapter 1018, Acts of the
2-50     76th Legislature, Regular Session, 1999, to read as follows:
2-51                 (2)  "Eligible project" means:
2-52                       (A)  the acquisition or construction of or an
2-53     improvement, addition, or extension to a public works, including a
2-54     capital asset or facility incident and related to the operation,
2-55     maintenance, or administration of the public works, and:
2-56                             (i)  with respect to a property or a
2-57     facility for the generation of electric power and energy, fuel
2-58     acquisition or the development or transportation of power, energy,
2-59     or fuel;
2-60                             (ii)  with respect to a property or a
2-61     facility for a public transportation system:
2-62                                   (a)  a building, terminal, garage,
2-63     shop, or other structure, rolling stock, equipment, or another
2-64     facility for mass public transportation; or
2-65                                   (b)  a vehicle parking area or a
2-66     facility necessary or convenient for the beneficial use and access
2-67     of persons and vehicles to a station, terminal, yard, car, or bus,
2-68     or for the protection or environmental enhancement of a facility
2-69     for mass public transportation; and
 3-1                             (iii)  with respect to a property or a
 3-2     facility for a port facility, a wharf or dock, a warehouse, grain
 3-3     elevator, or other storage facility, a bunkering facility,
 3-4     port-related railroad or bridge, floating plant or facility,
 3-5     lightering facility, cargo handling facility, towing facility, or
 3-6     any other facility or aid incident to or useful in the operation of
 3-7     a port facility;
 3-8                       (B)  a causeway, bridge, tunnel, turnpike,
 3-9     highway, or combination of those facilities, including:
3-10                             (i)  a necessary overpass, underpass,
3-11     interchange, entrance plaza, tollhouse, service station, approach,
3-12     fixture, accessory, or item of equipment, or a storage,
3-13     administration, or other necessary building; and
3-14                             (ii)  a property right or other interest
3-15     acquired in connection with those facilities;
3-16                       (C)  a public improvement owned by a county that
3-17     serves the purpose of attracting visitors and tourists to the
3-18     county, including a civic center, auditorium, exhibition hall,
3-19     coliseum, stadium, or parking area;
3-20                       (D)  a project for which there exists authorized
3-21     but unissued obligations approved by a majority of the voters of
3-22     the issuer, including obligations payable from ad valorem taxes;
3-23     [or]
3-24                       (E)  a project for which an issuer is authorized
3-25     to issue revenue bonds secured, in whole or in part, by revenue
3-26     derived from or related to student loans; or
3-27                       (F)  an approved venue project under Chapter 334
3-28     or 335, Local Government Code.
3-29           SECTION 9.  Subdivision (4), Section 1371.001, Government
3-30     Code, is amended to conform to Section 1, Chapter 378, Acts of the
3-31     76th Legislature, Regular Session, 1999, Section 1, Chapter 984,
3-32     Acts of the 76th Legislature, Regular Session, 1999, and Section 1,
3-33     Chapter 1018, Acts of the 76th Legislature, Regular Session, 1999,
3-34     and further amended to read as follows:
3-35                 (4)  "Issuer" means:
3-36                       (A)  a home-rule municipality that:
3-37                             (i)  adopted its charter under Section 5,
3-38     Article XI, Texas Constitution;
3-39                             (ii)  has a population of 50,000 or more;
3-40     and
3-41                             (iii)  has outstanding long-term
3-42     indebtedness that is rated by a nationally recognized rating agency
3-43     for municipal securities in one of the four highest rating
3-44     categories for a long-term obligation;
3-45                       (B)  a conservation and reclamation district
3-46     created and organized as a river authority under Section 52,
3-47     Article III, or Section 59, Article XVI, Texas Constitution;
3-48                       (C)  a joint powers agency organized and
3-49     operating under Chapter 163, Utilities Code;
3-50                       (D)  a metropolitan rapid transit authority or
3-51     regional transportation authority created, organized, and operating
3-52     under Chapter 451 or 452, Transportation Code;
3-53                       (E)  a conservation and reclamation district
3-54     organized or operating as a navigation district under Section 52,
3-55     Article III, or Section 59, Article XVI, Texas Constitution;
3-56                       (F)  a district organized or operating under
3-57     Section 59, Article XVI, Texas Constitution, that has all or part
3-58     of two or more municipalities within its boundaries;
3-59                       (G)  a state agency, including a state
3-60     institution of higher education;
3-61                       (H)  a hospital authority created or operating
3-62     under Chapter 262 or 264, Health and Safety Code, in a county that:
3-63                             (i)  has a population of more than two
3-64     million; or
3-65                             (ii)  is included, in whole or in part, in
3-66     a standard metropolitan statistical area of this state that
3-67     includes a county with a population of more than 1.8 million;
3-68                       (I)  a hospital district in a county that has a
3-69     population of more than two million;
 4-1                       (J)  a nonprofit corporation organized to
 4-2     exercise the powers of a higher education authority under Section
 4-3     53.47(e), Education Code; [or]
 4-4                       (K) [(J)]  a county with a population of two
 4-5     million or more;
 4-6                       (L)  an independent school district that has an
 4-7     average daily attendance of 50,000 or more as determined under
 4-8     Section 42.005, Education Code;
 4-9                       (M)  a municipality or county operating under
4-10     Chapter 334, Local Government Code; or
4-11                       (N)  a district created under Chapter 335, Local
4-12     Government Code.
4-13           SECTION 10.  Section 1371.051, Government Code, is amended to
4-14     read as follows:
4-15           Sec. 1371.051.  AUTHORITY TO ISSUE OBLIGATION.  As authorized
4-16     and approved by the [The] governing body of an issuer, the
4-17     governing body may issue, sell, and deliver an obligation to:
4-18                 (1)  finance a project cost;
4-19                 (2)  [or to] refund an obligation issued in connection
4-20     with an eligible project; or
4-21                 (3)  finance all or part of a payment owed or to be
4-22     owed on:
4-23                       (A)  the establishment of an interest rate lock,
4-24     interest rate hedging agreement, or other credit agreement; or
4-25                       (B)  the settlement or termination, at maturity
4-26     or otherwise, of an interest rate lock, interest rate hedging
4-27     agreement, or other credit agreement, whether the settlement or
4-28     termination occurs:
4-29                             (i)  at the option of the issuer or the
4-30     other party to the credit agreement; or
4-31                             (ii)  by operation of the terms of the
4-32     credit agreement [as may be authorized and approved by the
4-33     governing body].
4-34           SECTION 11.  Subchapter B, Chapter 1371, Government Code, is
4-35     amended by adding Section 1371.0521 to read as follows:
4-36           Sec. 1371.0521.  INDEPENDENT SCHOOL DISTRICT OBLIGATION.  An
4-37     independent school district may not issue an obligation under this
4-38     chapter unless the obligation is authorized in accordance with
4-39     Section 45.003, Education Code.
4-40           SECTION 12.  Subsection (c), Section 1502.055, Government
4-41     Code, is amended to read as follows:
4-42           (c)  This section does not apply to the sale of an
4-43     unencumbered natural gas system owned by a municipality with a
4-44     population of more than 100,000 [1.2 million].
4-45           SECTION 13.  Subchapter C, Chapter 271, Local Government
4-46     Code, is amended by adding Section 271.0521 to read as follows:
4-47           Sec. 271.0521.  SALES AND USE TAX AS AVAILABLE REVENUE SOURCE
4-48     IN MUNICIPALITIES WITH POPULATION OF 50,000 OR MORE.  (a)  This
4-49     section applies only to a municipality with a population of 50,000
4-50     or more.
4-51           (b)  Instead of or in addition to any other method of payment
4-52     provided by this subchapter, a municipality may issue certificates
4-53     under this subchapter to be paid from and secured by:
4-54                 (1)  a municipal sales and use tax imposed under
4-55     Chapter 321, Tax Code, for a project for which there exists
4-56     authorized but unissued obligations approved by a majority of the
4-57     voters of the municipality, including obligations payable from ad
4-58     valorem taxes;
4-59                 (2)  a municipal sales and use tax imposed under
4-60     Section 4A, Development Corporation Act of 1979 (Article 5190.6,
4-61     Vernon's Texas Civil Statutes), if the certificates are issued in
4-62     connection with a municipally owned project to which that section
4-63     applies that has been approved by a majority of the voters of the
4-64     municipality; and
4-65                 (3)  a municipal sales and use tax imposed under
4-66     Section 4B, Development Corporation Act of 1979 (Article 5190.6,
4-67     Vernon's Texas Civil Statutes), if the certificates are issued in
4-68     connection with a municipally owned project to which that section
4-69     applies that has been approved by a majority of the voters of the
 5-1     municipality.
 5-2           SECTION 14.  Section 321.506, Tax Code, is amended to read as
 5-3     follows:
 5-4           Sec. 321.506.  USE OF TAX REVENUE BY MUNICIPALITY.  Except as
 5-5     provided by Section 321.507 of this code or Section 271.0521, Local
 5-6     Government Code, the money received by a municipality under this
 5-7     chapter is for the use and benefit of the municipality and may be
 5-8     used for any purpose for which the general funds of the
 5-9     municipality may be used, except that a municipality may not pledge
5-10     the revenue received under this chapter to the payment of bonds or
5-11     other indebtedness.
5-12           SECTION 15.  Subsection (e), Section 4A, Development
5-13     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
5-14     Statutes), is amended to read as follows:
5-15           (e)  The Municipal Sales and Use Tax Act (Chapter 321, Tax
5-16     Code) governs an election to authorize the imposition of the sales
5-17     and use tax under this section and governs the imposition,
5-18     computation, administration, governance, abolition, and use of the
5-19     tax except as inconsistent with this section or as provided by
5-20     Section 271.0521, Local Government Code.  The tax imposed under
5-21     this section takes effect as provided by Section 321.102(a), Tax
5-22     Code.
5-23           SECTION 16.  Subsection (g), Section 4B, Development
5-24     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil
5-25     Statutes), is amended to read as follows:
5-26           (g)  On receipt of the proceeds of the sales and use tax
5-27     imposed under this section from the comptroller, the eligible city
5-28     shall deliver the proceeds to the corporation.  Tax proceeds may be
5-29     used [to]:
5-30                 (1)  to pay the costs of projects of the types added to
5-31     the definition of that term by Subsection (a)  of this section;
5-32     [or]
5-33                 (2)  to pay the principal of, interest on, and other
5-34     costs relating to bonds or other obligations issued by the
5-35     corporation to pay the costs of the projects or to refund bonds or
5-36     other obligations issued to pay the costs of projects; or
5-37                 (3)  as provided by Section 271.0521, Local Government
5-38     Code, to secure and pay certificates of obligation issued by the
5-39     municipality in connection with the projects.
5-40           SECTION 17.  Section 55.16, Education Code, is amended to
5-41     read as follows:
5-42           Sec. 55.16.  BOARD RESPONSIBILITY.  (a)  Each board shall be
5-43     authorized to fix and collect rentals, rates, and charges from
5-44     students and others for the occupancy, services, use, and/or
5-45     availability of all or any of its property, buildings, structures,
5-46     activities, operations, or other facilities as provided by this
5-47     section.
5-48           (b)  Unless it is expressly provided by law that specified
5-49     funds under the control of a board are not considered revenue
5-50     funds, a provision in this title or another law that limits the
5-51     purpose for which funds under the control of the board may be spent
5-52     does not impair a board's ability to pledge and use all revenue
5-53     funds under the board's control to secure and pay obligations of
5-54     the board under this chapter or other law.
5-55           (c)  A board shall fix each rental, rate, charge, or fee that
5-56     the board has authority under this title to fix in an amount
5-57     determined to be necessary to pay or provide, for each activity or
5-58     service, all associated capital costs, including debt service,
5-59     operation and  maintenance costs, including associated overhead
5-60     costs of a system or institution, and prudent reserves.  Except as
5-61     otherwise provided by Subsection (e), this section does not
5-62     authorize a board to impose a rental, rate, charge, or fee at an
5-63     amount exceeding a limit imposed by another provision of this
5-64     title.
5-65           (d)  For billing and reporting purposes, a board shall
5-66     accumulate all mandatory fees or charges provided for by this
5-67     section or Chapter 54 as a separate facilities and services charge.
5-68           (e)  [, in such amounts and in such manner as may be
5-69     determined by the board.]  If bonds have been or are issued
 6-1     pursuant to this title, or secured or to be secured by a pledge of
 6-2     part or all of the board's revenue funds, and if, at the time of
 6-3     authorizing the issuance of the bonds, (1) the estimated maximum
 6-4     amount per semester hour of such pledged revenue funds (based on
 6-5     then current enrollment and conditions) during any future semester
 6-6     necessary to provide for the payment of the principal of and
 6-7     interest on the bonds when due, together with (2) the aggregate
 6-8     amount of all such pledged revenue funds which were levied on a
 6-9     semester hour basis for the then current semester to pay the
6-10     principal of and interest on all previously issued bonds, do not
6-11     exceed the amount permitted by this title, then any necessary fees,
6-12     tuition, rentals, rates, or other charges constituting revenue
6-13     funds shall be levied and collected when and to the extent required
6-14     by the resolution authorizing the issuance of the bonds in any
6-15     amount required to provide revenue funds sufficient for the payment
6-16     of the principal of and interest on the bonds, regardless of any
6-17     other provision or limitation provided by this title.
6-18           (f) [(b)]  A board is not required to charge students
6-19     enrolled in different degree programs at the institution the same
6-20     rentals, rates, charges, and fees under this section.
6-21           SECTION 18.  (a)  All acts and proceedings of each governing
6-22     board, as defined by Section 55.01, Education Code, and as used in
6-23     Chapter 130, Education Code, relating to the establishment and
6-24     collection of rates, rentals, charges, and fees are validated as of
6-25     the dates they occurred.
6-26           (b)  The provisions of this section do not apply to an act or
6-27     proceeding that on September 1, 2001:
6-28                 (1)  is involved in litigation, if the litigation
6-29     ultimately results in the act or proceeding being held invalid by a
6-30     final judgment of a court; or
6-31                 (2)  has been held invalid by a final judgment of a
6-32     court.
6-33           SECTION 19.  This Act takes effect September 1, 2001.
6-34                                  * * * * *