| |
| |
| |
|
|
AN ACT
|
|
|
relating to the administration, powers, duties, operation, and |
|
|
financing of the East Williamson County Multi-Institution Teaching |
|
|
Center. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 130.092, Education Code, is amended by |
|
|
adding Subsections (f), (g), (h), (i), (j), (k), and (l) to read as |
|
|
follows: |
|
|
(f) A member institution of the center, a political |
|
|
subdivision, an entity created by a political subdivision, or a |
|
|
nonprofit corporation may individually or jointly, under the terms |
|
|
of an agreement under Subsection (d), finance or refinance the |
|
|
acquisition, purchase, construction, improvement, renovation, |
|
|
enlargement, or equipping of physical facilities described by |
|
|
Subsection (d) through the issuance of bonds, notes, or other |
|
|
obligations. The financing of facilities under this subsection may |
|
|
be made through a long-term agreement with another member |
|
|
institution, political subdivision, or other entity described by |
|
|
this subsection, or through a guarantee of any bond, note, or other |
|
|
obligation. Any bond, note, or other obligation issued or a |
|
|
long-term agreement or guarantee made under this subsection may not |
|
|
exceed a term of 40 years. |
|
|
(g) Any bond, note, or other obligation issued or long-term |
|
|
agreement or guarantee made under Subsection (f) may be pledged as |
|
|
security for and used towards the payment of any bond, note, or |
|
|
other obligation issued for the benefit of the center. A bond, |
|
|
note, or other obligation issued or long-term agreement or |
|
|
guarantee made under Subsection (f) is not subject to annual |
|
|
appropriation. |
|
|
(h) The financing of facilities under this section promotes |
|
|
the public purpose of supporting higher education and further |
|
|
promotes the public purpose of developing and diversifying the |
|
|
economy of this state and eliminating unemployment and |
|
|
underemployment in this state under the authority granted by |
|
|
Section 52-a, Article III, Texas Constitution. |
|
|
(i) A member institution of the center, political |
|
|
subdivision, entity created by a political subdivision, or |
|
|
nonprofit corporation may pledge irrevocably to the payment of |
|
|
bonds, notes, or other obligations issued or a long-term agreement |
|
|
or guarantee made under Subsection (f), and to the extent permitted |
|
|
by law, all or any part of the available revenues, taxes, or any |
|
|
combination of revenues and taxes of the member institution, |
|
|
political subdivision, entity, or nonprofit corporation. The |
|
|
amount of a pledge made under this subsection may not be reduced or |
|
|
abrogated while any bonds, notes, or obligations for which the |
|
|
pledge is made, or bonds, notes, or other obligations issued to |
|
|
refund those bonds, notes, or obligations, are outstanding. |
|
|
(j) An agreement providing for bonds, notes, or other |
|
|
obligations, or a long-term agreement or guarantee, under |
|
|
Subsection (f) may provide for a member institution, political |
|
|
subdivision, entity created by a political subdivision, or |
|
|
nonprofit corporation to have an ownership or other interest in the |
|
|
facilities to be financed by the bonds, notes, or obligations, or |
|
|
long-term agreements or guarantees, or to participate in the |
|
|
operation of the facility. |
|
|
(k) A member institution of the center, political |
|
|
subdivision, entity created by a political subdivision, or |
|
|
nonprofit corporation may use an entity created under Chapter 53 or |
|
|
53A to accomplish the purposes of this section. |
|
|
(l) This section is wholly sufficient authority for the |
|
|
execution of agreements, the pledge of revenues, taxes, or any |
|
|
combination of revenues and taxes, and the performance of other |
|
|
acts and procedures authorized by this section without reference to |
|
|
any other provision of law or any restriction or limitation |
|
|
contained in those provisions, except as specifically provided by |
|
|
this section. To the extent of any conflict or inconsistency |
|
|
between this section and any other law, this section shall prevail |
|
|
and control. A member institution of the center, political |
|
|
subdivision, entity created by a political subdivision, or |
|
|
nonprofit corporation may use any law not in conflict with this |
|
|
section to the extent convenient or necessary to carry out any power |
|
|
or authority, expressed or implied, granted by this section. |
|
|
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, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2805 was passed by the House on May 5, |
|
|
2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 2805 was passed by the Senate on May |
|
|
25, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |