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By: Krusee (Senate Sponsor - Wentworth) H.B. No. 2313
(In the Senate - Received from the House May 7, 2003;
May 9, 2003, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2003, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 22, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2313 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of obligations for public improvements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1371.001(2) and (4), Government Code,
are amended to read as follows:
(2) "Eligible project" means:
(A) the acquisition or construction of or an
improvement, addition, or extension to a public works, including a
capital asset or facility incident and related to the operation,
maintenance, or administration of the public works, and:
(i) with respect to a property or a facility
for the generation of electric power and energy, fuel acquisition
or the development or transportation of power, energy, or fuel;
(ii) with respect to a property or a
facility for a public transportation system:
(a) a building, terminal, garage,
shop, or other structure, rolling stock, equipment, or another
facility for mass public transportation; or
(b) a vehicle parking area or a
facility necessary or convenient for the beneficial use and access
of persons and vehicles to a station, terminal, yard, car, or bus,
or for the protection or environmental enhancement of a facility
for mass public transportation; and
(iii) with respect to a property or a
facility for a port facility, a wharf or dock, a warehouse, grain
elevator, or other storage facility, a bunkering facility,
port-related railroad or bridge, floating plant or facility,
lightering facility, cargo handling facility, towing facility, or
any other facility or aid incident to or useful in the operation of
a port facility;
(B) a causeway, bridge, tunnel, turnpike,
highway, or combination of those facilities, including:
(i) a necessary overpass, underpass,
interchange, entrance plaza, tollhouse, service station, approach,
fixture, accessory, or item of equipment, or a storage,
administration, or other necessary building; and
(ii) a property right or other interest
acquired in connection with those facilities;
(C) a public improvement owned by a county that
serves the purpose of attracting visitors and tourists to the
county, including a civic center, auditorium, exhibition hall,
coliseum, stadium, or parking area;
(D) a project for which there exists authorized
but unissued obligations:
(i) approved by a majority of the voters of
the issuer, including obligations payable from ad valorem taxes; or
(ii) payable from ad valorem taxes without
approval by the voters of the issuer;
(E) a project for which an issuer is authorized
to issue revenue bonds secured, in whole or in part, by revenue
derived from or related to student loans; [or]
(F) an approved venue project under Chapter 334
or 335, Local Government Code; or
(G) an activity described by Section 271.045,
Local Government Code.
(4) "Issuer" means:
(A) a home-rule municipality that:
(i) adopted its charter under Section 5,
Article XI, Texas Constitution;
(ii) has a population of 50,000 or more; and
(iii) has outstanding long-term
indebtedness that is rated by a nationally recognized rating agency
for municipal securities in one of the four highest rating
categories for a long-term obligation;
(B) a conservation and reclamation district
created and organized as a river authority under Section 52,
Article III, or Section 59, Article XVI, Texas Constitution;
(C) a joint powers agency organized and operating
under Chapter 163, Utilities Code;
(D) a metropolitan rapid transit authority or
regional transportation authority created, organized, and
operating under Chapter 451 or 452, Transportation Code;
(E) a conservation and reclamation district
organized or operating as a navigation district under Section 52,
Article III, or Section 59, Article XVI, Texas Constitution;
(F) a district organized or operating under
Section 59, Article XVI, Texas Constitution, that has all or part of
two or more municipalities within its boundaries;
(G) a state agency, including a state institution
of higher education;
(H) a hospital authority created or operating
under Chapter 262 or 264, Health and Safety Code, in a county that:
(i) has a population of more than 3.3
million; or
(ii) is included, in whole or in part, in a
standard metropolitan statistical area of this state that includes
a county with a population of more than 2.2 million;
(I) a hospital district in a county that has a
population of more than two million;
(J) a nonprofit corporation organized to
exercise the powers of a higher education authority under Section
53.47(e), Education Code;
(K) a county:
(i) that has [with] a population of 3.3
million or more; or
(ii) that, on the date of issuance of
obligations under this chapter, has outstanding indebtedness of at
least $100 million secured by and payable from the county's ad
valorem taxes and the outstanding long-term indebtedness of which
is rated by a nationally recognized rating agency of securities
issued by local governments in one of the four highest rating
categories for a long-term obligation;
(L) an independent school district that has an
average daily attendance of 50,000 or more as determined under
Section 42.005, Education Code;
(M) a municipality or county operating under
Chapter 334, Local Government Code; or
(N) a district created under Chapter 335, Local
Government Code.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
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