SRC-JLB H.B. 1934 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1934
78R4771 JJT-FBy: Capelo (Madla)
Intergovernmental Relations
5/21/2003
Engrossed


This analysis utilizes the House Committee Report, which is the most
recent version available to the Senate Research Center, and is not
formatted to the style of the Senate Research Center.  There were no
amendments to H.B. 1934 on the House floor. 

DIGEST AND PURPOSE 

Under current Texas law, an issuer of public securities can use bond
proceeds to finance interest during construction only if the facility
being constructed generates revenue, such as an airport or a water system
improvement.  This has been interpreted to mean that only public
securities that are secured by the revenues of a facility may finance
interest during acquisition or construction and up to one year after
acquisition or construction. 

Current law is silent as to how an issuer may use a premium it receives in
connection with the sale of public securities above par, or face, amount.
Generally, a premium has been available to fund project costs, an escrow
account established to refund public securities, or a debt service fund
for the securities.  In recent years, those bidding on public securities
in a competitive sale have preferred bonds which, with a premium, produce
a low yield.   

Current law generally permits a combination of taxes and revenues to be
pledged to secure public securities.  However, Chapter 1431 (Anticipation
Notes), Government Code permits only taxes or revenues, but not both, to
be pledged to secure the short-term obligations issued under that chapter. 

H.B. 1934 permits an issuer to finance interest during construction with
the proceeds of public securities issued to finance the acquisition,
construction, or improvement of public facilities in all instances.  The
bill places in statute the permitted uses of a premium, and the bill
permits an issuer of obligations under Chapter 1431, Government Code to
pledge a combination of taxes and revenues to secure the obligations. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

H.B. 1934 amends Section 1201.042, Government Code to permit the proceeds
of a public security issued to finance the acquisition, construction, or
improvement of any project or facility be used for the purposes outlined
in that section, including the payment of interest.  This applies
regardless of whether it is secured by revenue derived from the project.  

The bill specifies that a premium received by an issuer may be used to
provide for payment of debt service, contribute to an escrow account
established for payment of debt service, pay the cost of issuing the
securities, or pay other costs related to the purpose for which the
securities were issued. 

The bill clarifies that an issuer is not authorized to spend funds in an
amount that exceeds the limitations provided by law or by the public
security authorization. 

 H.B. 1934 amends Section 1431.007(a), Government Code to provide than an
anticipation note issued under that chapter may be secured by a
combination of revenue and taxes. 

EFFECTIVE DATE

On passage, or if the Act does not receive the required vote, the Act
takes effect September 1, 2003.