SRC-JLB S.B. 1696 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1696
78R5486 JJT-FBy: Wentworth
Intergovernmental Relations
4/8/2003
As Filed


DIGEST AND PURPOSE 

Texas municipalities are facing sizable shortfalls in their sponsored
pension plan systems.  Some believe that granting legislative authority
for Texas cities to issue pension obligation bonds would provide public
employees and their member systems more security knowing that their system
has all its financial needs met to guarantee promised pension into the
future.  As proposed, S.B. 1696 issues obligations by political
subdivisions of the state to pay unfunded liabilities to public pension
funds. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 4C, Local Government Code, by adding Chapter 139,
as follows: 

CHAPTER 139.  OBLIGATIONS FOR CERTAIN LIABILITIES
TO PUBLIC PENSION FUNDS

Sec. 139.001.  DEFINITIONS.  Defines "obligation," "political
subdivision," and "unfunded liability." 

Sec. 139.002.  DEFINITION OF "PUBLIC PENSION FUND."  Defines "public
pension fund." 

Sec. 139.003.  PENSION FUND OBLIGATIONS AUTHORIZED.  (a) Authorizes a
political subdivision to issue obligations to fund all or any part of an
unfunded liability. 
 
(b)  Requires the governing body of the political subdivision, before
authorizing issuance and delivery of an obligation under this section, to
enter into a written agreement with the governing body of the public
retirement system that meets certain criteria. 

(c)  Requires the written agreement to state the amount of the unfunded
liability and the date or dates on which the public pension fund will
accept the net proceeds of the obligations to be issued in payment of all
or a portion of the unfunded liability. 
 
Sec. 139.004.  PROCEEDS OF OBLIGATIONS ISSUED.  Requires the political
subdivision to deposit the net proceeds of obligations issued under
Section 139.003 to the credit of the public pension fund.  Provides that
the amount deposited under this section becomes part of the public pension
fund's assets. 
 
Sec. 139.005.  OBLIGATIONS PAYABLE FROM REVENUE.  (a)  Requires an
obligation issued under Section 139.003 to be made payable from any source
of revenue available to the political subdivision for payment of its
contributions to the public pension fund. 
  
(b)  Requires the political subdivision, unless otherwise provided by the
political subdivision, to pay debt service on obligations issued under
Section 139.003 from certain funds. 

Sec. 139.006.  OBLIGATION AS REFINANCING.  Provides that an obligation
issued under Section 139.003 is a complete or partial refinancing of a
commitment of the political subdivision to fund its unfunded liability.
Provides that when an obligation is issued under Section 139.003, a
commitment of the political subdivision to fund its unfunded liability
being refinanced by the obligations is transferred to those obligations. 
 
Sec. 139.007.  SALE OF OBLIGATIONS; MATURITY.  Authorizes obligations
issued under Section 139.003 to be sold at private or public sale and must
mature not later than the 30th anniversary of the date of issuance. 
 
Sec. 139.008.  ADDITIONAL AUTHORITY; CREDIT AGREEMENTS.  (a)  Defines
"credit agreement" and "obligation." 

(b)  Authorizes the governing body of a political subdivision that issues
obligations under Section 139.003 to exercise any of the rights or powers
of the governing body of an issuer under Chapter 1371, Government Code,
and to enter into a credit agreement under that chapter.  Provides that an
obligation issued under Section 139.003 is an obligation under Chapter
1371, Government Code, but is not required to be rated as required by that
chapter. 
 
Sec. 139.009.  CHAPTER CONTROLLING.  Provides that this chapter prevails
over any conflict between this chapter and another law respecting the
issuance of obligations of political subdivisions or a municipal home-rule
charter. 
 
SECTION 2.  Effective date:  upon passage or September 1, 2003.