89R21776 MP-F
 
  By: Paul, Bumgarner H.B. No. 3255
 
  Substitute the following for H.B. No. 3255:
 
  By:  Button C.S.H.B. No. 3255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of a development corporation created by
  the Gulf Coast Authority to finance certain projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 3.01, Chapter 409, Acts of the 61st
  Legislature, Regular Session, 1969, is amended by amending
  Subsection (g) and adding Subsections (h), (i), (j), (k), and (l) to
  read as follows:
         (g)  A development corporation created by the authority
  under Chapter 501, Local Government Code, may finance:
               (1)  projects described by Subchapter C, Chapter 501,
  Local Government Code, located inside or outside this state; [and]
               (2)  qualified improvements as defined by Section
  399.002, Local Government Code, located inside or outside this
  state in the same manner and to the same extent as a municipality or
  county may do so under Chapter 399 of that code; and
               (3)  projects located inside or outside this state that
  acquire, construct, equip, renovate, improve, or refinance:
                     (A)  educational and housing facilities in the
  same manner as a higher education facility authority under Chapter
  53A, Education Code;
                     (B)  health facilities in the same manner as a
  development corporation under Chapter 221, Health and Safety Code;
                     (C)  the facilities or activities of an
  organization that is exempt from the payment of federal income
  taxes under Section 501(a), Internal Revenue Code of 1986, by being
  listed as an exempt entity under Section 501(c)(3) of that code;
                     (D)  facilities for the production or storage of
  energy, including biomass, geothermal, nuclear, or hydroelectric
  energy;
                     (E)  telecommunications service facilities or
  equipment, and any feature, function, or capability that is
  provided by the facility or equipment, including subscriber
  numbers, databases, signaling systems, and information sufficient
  for billing and collection or used in the transmission, routing, or
  other provision of telecommunications services; and
                     (F)  the periodic acquisition of natural gas or
  electricity for a user, as described by Section 501.003, Local
  Government Code.
         (h)  Notwithstanding Section 501.160, Local Government Code,
  a development corporation created by the authority has all of the
  powers of a public facility corporation under Chapter 303, Local
  Government Code, for the purpose of acquiring natural gas or
  electricity as provided by Subsection (g)(3)(F) of this section.
         (i)  Notwithstanding any other law, a development
  corporation created by the authority may finance, acquire,
  construct, improve, lease, operate, or otherwise support a
  facility, activity, or undertaking that a local government, as
  defined by Section 271.081, Local Government Code, or an entity
  created on behalf of a local government is authorized to finance,
  acquire, construct, improve, lease, operate, or otherwise support,
  regardless of whether the facility, activity, or undertaking is an
  authorized project under Subchapter C, Chapter 501, Local
  Government Code.  The legislative findings contained in Section
  501.004, Local Government Code, apply to this subsection and to any
  facility, activity, or undertaking authorized by this subsection to
  the same extent as if expressly made in this subsection.
         (j)  If a development corporation created by the authority
  issues a public security for an out-of-state project under
  Subsection (g) of this section, the development corporation shall
  submit to the attorney general:
               (1)  a resolution approving the public security; and 
               (2)  a detailed description of the proposed project and
  financing for the project.
         (k)  Notwithstanding any other law, a public security issued
  under Subsection (g) of this section for a project located outside
  this state or a contract supporting the public security is not
  subject to the review and approval of the attorney general if the
  attorney general does not request in writing the submission of the
  record of proceedings relating to the authorization of the public
  security within 12 business days from the date of receipt by the
  attorney general of the information under Subsection (j) of this
  section.
         (l) Notwithstanding Sections 501.251, 501.252, 501.255, and
  501.256, Local Government Code, if a development corporation
  created by the authority finds that a project:
               (1)  described by Subsection (g) of this section that
  is located outside of this state is required or suitable for the
  development or promotion of new or expanded business enterprises,
  the project meets the public purpose of Chapter 501, Local
  Government Code; and
               (2)  is suitable for the development or promotion of
  new or expanded business enterprises, the project fully satisfies
  and is considered sufficient for purposes of any project approval
  standards adopted by the Texas Economic Development and Tourism
  Office.
         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, 2025.