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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation and functions of the Texas Public |
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Finance Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1232.072, Government Code, is amended to |
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read as follows: |
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Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance |
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Authority is subject to Chapter 325 (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the authority |
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is abolished and this chapter expires September 1, 2023 [2011]. |
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SECTION 2. Subchapter B, Chapter 1232, Government Code, is |
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amended by adding Section 1232.073 to read as follows: |
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Sec. 1232.073. NEGOTIATED RULEMAKING AND ALTERNATIVE |
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DISPUTE RESOLUTION. (a) The board shall develop and implement a |
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policy to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008 for the adoption of authority rules; and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009 to assist in the resolution of |
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internal and external disputes under the authority's jurisdiction. |
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(b) The authority's procedures relating to alternative |
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dispute resolution must conform, to the extent possible, to any |
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model guidelines issued by the State Office of Administrative |
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Hearings for the use of alternative dispute resolution by state |
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agencies. |
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(c) The authority shall: |
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(1) coordinate the implementation of the policy |
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adopted under Subsection (a); |
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(2) provide training as needed to implement the |
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procedures for negotiated rulemaking or alternative dispute |
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resolution; and |
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(3) collect data concerning the effectiveness of those |
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procedures. |
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SECTION 3. Section 1232.101, Government Code, is amended to |
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read as follows: |
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Sec. 1232.101. ISSUANCE OF BONDS FOR CERTAIN STATE |
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AGENCIES. (a) With respect to all bonds authorized to be issued by |
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or on behalf of the adjutant general's department, Parks and |
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Wildlife Department, Texas Agricultural Finance Authority, Texas |
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Low-Level Radioactive Waste Disposal Authority, Texas State |
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Technical College System [Stephen F. Austin State University], |
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Midwestern State University, and Texas Southern University, the |
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authority has the exclusive authority to act on behalf of those |
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entities in issuing bonds on their behalf. In connection with |
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those issuances and with the issuance of refunding bonds on behalf |
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of those entities, the authority is subject to all rights, duties, |
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and conditions surrounding issuance previously applicable to the |
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issuing entity under the statute authorizing the issuance. A |
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reference in an authorizing statute to the entity on whose behalf |
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the bonds are being issued applies equally to the authority in its |
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capacity as issuer on behalf of the entity. |
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(b) Except as provided by Subsection (a), the authority may, |
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under an agreement entered into with a general academic teaching |
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institution as defined by Section 61.003, Education Code, act on |
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behalf of a general academic teaching institution in issuing bonds |
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on the institution's behalf. In connection with those issuances |
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and with the issuance of refunding bonds on behalf of those |
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institutions, the authority is subject to all rights, duties, and |
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conditions surrounding issuance previously applicable to the |
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issuing institution under the statute authorizing the issuance. A |
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reference in an authorizing statute to the institution on whose |
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behalf the bonds are being issued applies equally to the authority |
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in its capacity as issuer on behalf of the institution. An |
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agreement under this subsection may provide for reimbursement to |
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the authority for costs incurred in issuing bonds under the |
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agreement. |
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SECTION 4. Subchapter C, Chapter 1232, Government Code, is |
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amended by adding Section 1232.1221 to read as follows: |
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Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR |
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CANCER-RELATED PROJECTS. A multiyear project for which funds are |
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granted by the Cancer Prevention and Research Institute of Texas |
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Oversight Committee as authorized by Section 102.257, Health and |
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Safety Code, may begin after: |
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(1) the authority has certified that obligations in an |
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amount sufficient to pay the money needed to fund the project have |
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been authorized for issuance by the authority and approved by the |
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Bond Review Board; or |
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(2) the proceeds have been deposited into the state |
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treasury and: |
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(A) the comptroller has certified that the |
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proceeds are available; |
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(B) the reserve funds and capitalized interest, |
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as certified by the authority as reasonably required, have been |
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paid; and |
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(C) the costs of issuing the obligations, as |
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certified by the authority, have been paid. |
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SECTION 5. Section 55.13(c), Education Code, is amended to |
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read as follows: |
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(c) Notwithstanding any other provision of this section, |
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with respect to all bonds authorized to be issued by Midwestern |
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State University, Texas State Technical College System [Stephen F.
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Austin State University], or Texas Southern University, the Texas |
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Public Finance Authority shall exercise the authority of a board to |
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issue bonds on behalf of those institutions, in the manner provided |
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by this subchapter, including the authority to issue refunding |
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bonds under Section 55.19. In connection with the issuance of bonds |
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under this chapter, the Texas Public Finance Authority has all the |
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rights and duties granted or assigned to and is subject to the same |
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conditions as a board under this chapter. |
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SECTION 6. Section 102.257, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee |
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may grant funds for a multiyear project. The oversight committee |
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must specify the total amount of [All the] money approved [needed] |
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to fund the [a] multiyear project. The total amount specified is |
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considered for purposes of this subchapter to have been [must be] |
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awarded in the state fiscal year that the project is approved by the |
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research and prevention programs committee. The institute shall |
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distribute only the money that will be expended during that fiscal |
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year. The remaining money shall be [maintained in an escrow account
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to be] distributed by the institute as the money is needed in each |
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subsequent fiscal year [years of the project]. |
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SECTION 7. (a) The changes in law made by this Act apply |
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only to a grant of funds for a multiyear project by the Cancer |
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Prevention and Research Institute of Texas Oversight Committee as |
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authorized by Section 102.257, Health and Safety Code, as amended |
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by this Act, made on or after September 1, 2011. A grant of funds |
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for a multiyear project made before that date is governed by the law |
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in effect on the date the grant was made, and the former law is |
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continued in effect for that purpose. |
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(b) The changes in law made by this Act to Section 55.13, |
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Education Code, and Section 1232.101, Government Code, apply only |
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to bonds authorized after the effective date of this Act. Bonds |
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authorized before that date are governed by the law in effect on the |
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date the bonds were authorized, and the former law is continued in |
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effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |