SRC-TAG C.S.S.B. 1778 78(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1778
78R12858 JSA-FBy: Ogden
Subcommittee on Higher Education
5/3/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

Under current law, public institutions of higher education (IHEs) can
issue tax-exempt bonds to build or improve facilities, but private IHEs
may not.  Chapter 53 (Higher Education Authority), Education Code,
provides a mechanism whereby a city may create a higher education
authority to issue bonds to benefit private IHEs or a nonprofit
corporation to benefit primary, secondary, and charter schools.  The
facilities are exempt from taxation even if they are located in another
city and regardless of whether a university requests or directly benefits
from the facilities.  C.S.S.B. 1778 authorizes certain nonprofit
instrumentalities, in addition to higher education authorities, to issue
and execute revenue bonds for certain purposes and requires facilities
under Chapter 53, Education Code, to be located in a city that created the
relevant higher education authority, unless an exception set forth in the
bill applies.  

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 Section 53.02, Education Code, by adding Subdivision
(14), to define "borrower." 

SECTION 2.  Amends Section 53.33, Education Code, as follows:

Sec.  53.33.  New heading:  LIMITED POWER TO ACQUIRE, OWN, AND OPERATE
EDUCATIONAL AND HOUSING FACILITIES.   (a)  Authorizes an authority or a
nonprofit instrumentality (instrumentality) created under Section 53.35(b)
to acquire, own, hold title to, lease, or operate an educational facility
or housing facility or any facility incidental, subordinate, or related to
or appropriate in connection with an educational facility or housing
facility, but only if  certain requirements are meet.   

(b)  Authorizes an authority or instrumentality that exercises the powers
granted by Subsection (a) to contract for the operation of the facility by
public or private entities or persons on terms and conditions set forth in
a contract relating to the operation of the facility. 

(c)  Provides the changes in the law made by the amendment of this
section, by the 78th Legislature at the 2003 Regular Session do not affect
the acquisition, ownership, construction, or improvement of a facility, or
the acquisition and ownership of land that were approved by official
action of the authority or nonprofit corporate instrumentality before
March 15, 2003, and the law in effect immediately before the effective
date of the amendment of this section by the 78th Legislature at the 2003
Regular Session, is continued for that purpose. Deletes text authorizing
the authority to purchase, purchase contract, or lease, or to construct,
or enlarge, extend, repair, renovate, or otherwise improve educational
facilities or housing facilities.  Deletes text authorizing an authority
or instrumentality to acquire land for certain purposes.  Deletes text
authorizing the facilities to not be located within the city limits of the
city or cities.  

 SECTION 3.  Amends Section 53.34, Education Code, as follows:

Sec.  53.34.  (a)  Authorizes an authority or a nonprofit instrumentality
created under Section 53.35(b), including an authority or nonprofit
instrument authorized to own facilities under Section 53.33(a), to issue
and execute revenue bonds or other obligations to loan or otherwise
provide funds to a borrower under certain conditions. 

(b)  Provides that in issuing revenue bonds or other obligations under
this chapter, the issuer of the bonds or other obligations, rather than
authority, is considered to be acting on behalf of the city by which it
was created. 

(c)  Requires the bonds or other obligations issued under Subsection (a)
to be payable from and secured by a pledge of revenues, income, rather
than all or any part of the gross or net revenue to be derived from the
operation of the facility or facilities and any other revenue, or assets
pledged for the purpose by the borrower. Authorizes the bonds or other
obligations to be additionally secured by a mortgage, deed of trust, or
chattel mortgage on real or personal property, or on both real and
personal property, if granted by the borrower.  Makes nonsubstantive
changes. 

(d)  Provides that a facility financed with the proceeds of a loan or
loans made to a borrower under Subsection (a) is not required to be
located within the corporate limits of the city that created the issuer of
the bonds or other obligations. 

(e)  Authorizes an authority or a nonprofit instrumentality that is
authorized to acquire and own educational facilities and housing
facilities under Section 53.33(a) to issue and execute revenue bonds and
other obligations for the purpose of acquiring, owning, and operating the
educational and housing facilities, to create operating reserves for the
facilities, and to create debt service reserves for and to pay issuance
costs related to the bonds or other obligations. 

(f)  Requires the bonds or other obligations issued under Subsection (e)
to be payable from and secured by a pledge of all or any part of the gross
or net revenues to be derived from the operation of the educational
facilities and housing facilities being acquired and any other revenues,
income, or assets, including the revenues and income of the educational
facilities or housing facilities previously acquired or subsequently to be
acquired.  Authorizes the bonds or other obligations to be additionally
secured by a mortgage, deed of trust, or chattel mortgage on real or
personal property, or on  both real and personal property, if granted by
the authority or nonprofit instrumentality issuing the bonds or other
obligations. 

(g)  Provides that the changes in law made by the amendment of this
section by the 78th Legislature at the 2003 Regular Session affect and
apply only to transactions involving bonds or other obligations that are
issued or executed under this chapter on or after March 15, 2003.
Establishes that bonds or other obligations that are issued or executed
under this chapter before March 15, 2003, are governed by the law in
effect immediately before the amendment of this section by the 78th
Legislature at the 2003 Regular Session, and that former law is continued
in effect for that purpose. 

SECTION 4.  Amends Section 53.35(b), Education Code, to include Section
53.34 in the provision that grants an authority and an instrumentality the
power to act on the behalf of the governing body of a city or cities.
Deletes text referencing the Texas Education Code. Requires the
corporation, in addition to the powers granted under, and subject to the
limitations provided by, Sections 53.33 and 53.34, to have all the powers
granted under the Texas Non-Profit Corporation Act for the purpose of
aiding institutions of higher education in providing educational
facilities and housing facilities and facilities incidental, subordinate,
or related thereto or appropriate in connection therewith.  Provides that
in addition to Sections 53.33 and  53.34 and the Texas Non-Profit
Corporation Act, as amended (Article 1396-1.01, V.T.C.S), Sections 53.131,
53.14, 53.15, 53.31, 53.32, 53.331, 53.34, 53.35, 53.38, and 53.41 of this
code, rather than of the Education Code, apply to and govern such
corporation and its procedures, bonds, and other obligations. 

SECTION 5.  Amends Section 53.48, Education Code, as follows:

Sec.  53.48.  Provides that in the same manner that a corporation may
issue and execute bonds or other obligations under this chapter for an
institution of higher education, a corporation created under Section
53.35(b) may issue and execute bonds or other obligations to finance or
refinance educational facilities or housing facilities to be used by an
accredited primary or secondary school or by an authorized charter school. 

SECTION 6.  Effective: upon passage or September 1, 2003.