Texas 2011 - 82nd Regular

Texas House Bill HB2251 Compare Versions

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1	1	By: Bonnen (Senate Sponsor - Whitmire) H.B. No. 2251
2	2	(In the Senate - Received from the House April 19, 2011;
3	3	April 26, 2011, read first time and referred to Committee on
4	4	Government Organization; May 5, 2011, reported favorably by the
5	5	following vote: Yeas 5, Nays 0; May 5, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the continuation and functions of the Texas Public
11	11	Finance Authority.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1232.072, Government Code, is amended to
14	14	read as follows:
15	15	Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance
16	16	Authority is subject to Chapter 325 (Texas Sunset Act). Unless
17	17	continued in existence as provided by that chapter, the authority
18	18	is abolished and this chapter expires September 1, 2023 [2011].
19	19	SECTION 2. Subchapter B, Chapter 1232, Government Code, is
20	20	amended by adding Section 1232.073 to read as follows:
21	21	Sec. 1232.073. NEGOTIATED RULEMAKING AND ALTERNATIVE
22	22	DISPUTE RESOLUTION. (a) The board shall develop and implement a
23	23	policy to encourage the use of:
24	24	(1) negotiated rulemaking procedures under Chapter
25	25	2008 for the adoption of authority rules; and
26	26	(2) appropriate alternative dispute resolution
27	27	procedures under Chapter 2009 to assist in the resolution of
28	28	internal and external disputes under the authority's jurisdiction.
29	29	(b) The authority's procedures relating to alternative
30	30	dispute resolution must conform, to the extent possible, to any
31	31	model guidelines issued by the State Office of Administrative
32	32	Hearings for the use of alternative dispute resolution by state
33	33	agencies.
34	34	(c) The authority shall:
35	35	(1) coordinate the implementation of the policy
36	36	adopted under Subsection (a);
37	37	(2) provide training as needed to implement the
38	38	procedures for negotiated rulemaking or alternative dispute
39	39	resolution; and
40	40	(3) collect data concerning the effectiveness of those
41	41	procedures.
42	42	SECTION 3. Section 1232.101, Government Code, is amended to
43	43	read as follows:
44	44	Sec. 1232.101. ISSUANCE OF BONDS FOR CERTAIN STATE
45	45	AGENCIES. (a) With respect to all bonds authorized to be issued by
46	46	or on behalf of the adjutant general's department, Parks and
47	47	Wildlife Department, Texas Agricultural Finance Authority, Texas
48	48	Low-Level Radioactive Waste Disposal Authority[, Stephen F. Austin
49	49	State University], Midwestern State University, and Texas Southern
50	50	University, the authority has the exclusive authority to act on
51	51	behalf of those entities in issuing bonds on their behalf. In
52	52	connection with those issuances and with the issuance of refunding
53	53	bonds on behalf of those entities, the authority is subject to all
54	54	rights, duties, and conditions surrounding issuance previously
55	55	applicable to the issuing entity under the statute authorizing the
56	56	issuance. A reference in an authorizing statute to the entity on
57	57	whose behalf the bonds are being issued applies equally to the
58	58	authority in its capacity as issuer on behalf of the entity.
59	59	(b) Except as provided by Subsection (a), the authority may,
60	60	under an agreement entered into with Texas State Technical College
61	61	System or a general academic teaching institution as defined by
62	62	Section 61.003, Education Code, act on behalf of Texas State
63	63	Technical College System or a general academic teaching institution
64	64	in issuing bonds on the system's or institution's behalf. In
65	65	connection with those issuances and with the issuance of refunding
66	66	bonds on behalf of the system or those institutions, the authority
67	67	is subject to all rights, duties, and conditions surrounding
68	68	issuance previously applicable to the issuing system or institution
69	69	under the statute authorizing the issuance. A reference in an
70	70	authorizing statute to the system or institution on whose behalf
71	71	the bonds are being issued applies equally to the authority in its
72	72	capacity as issuer on behalf of the system or institution. An
73	73	agreement under this subsection may provide for reimbursement to
74	74	the authority for costs incurred in issuing bonds under the
75	75	agreement.
76	76	SECTION 4. Subchapter C, Chapter 1232, Government Code, is
77	77	amended by adding Section 1232.1221 to read as follows:
78	78	Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR
79	79	CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant
80	80	recipient for a multiyear project for which an award is granted by
81	81	the Cancer Prevention and Research Institute of Texas Oversight
82	82	Committee as authorized by Section 102.257, Health and Safety Code,
83	83	after the authority has certified that obligations in an amount
84	84	sufficient to pay the money needed to fund the project have been
85	85	authorized for issuance by the authority and approved by the Bond
86	86	Review Board.
87	87	(b) After issuing the obligations, the board shall:
88	88	(1) pay the costs of the issuance and any related bond
89	89	administrative costs of the authority;
90	90	(2) certify to the Cancer Prevention and Research
91	91	Institute of Texas and to the comptroller that the proceeds from the
92	92	issuance are available; and
93	93	(3) deposit the proceeds into the state treasury to be
94	94	credited to the account of the Cancer Prevention and Research
95	95	Institute of Texas.
96	96	SECTION 5. Section 55.13(c), Education Code, is amended to
97	97	read as follows:
98	98	(c) Notwithstanding any other provision of this section,
99	99	with respect to all bonds authorized to be issued by Midwestern
100	100	State University[, Stephen F. Austin State University,] or Texas
101	101	Southern University, the Texas Public Finance Authority shall
102	102	exercise the authority of a board to issue bonds on behalf of those
103	103	institutions, in the manner provided by this subchapter, including
104	104	the authority to issue refunding bonds under Section 55.19. In
105	105	connection with the issuance of bonds under this chapter, the Texas
106	106	Public Finance Authority has all the rights and duties granted or
107	107	assigned to and is subject to the same conditions as a board under
108	108	this chapter.
109	109	SECTION 6. Section 102.257, Health and Safety Code, is
110	110	amended to read as follows:
111	111	Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee
112	112	may grant funds for a multiyear project. The oversight committee
113	113	must specify the total amount of [All the] money approved [needed]
114	114	to fund the [a] multiyear project. The total amount specified is
115	115	considered for purposes of this subchapter to have been [must be]
116	116	awarded in the state fiscal year that the project is approved by the
117	117	research and prevention programs committee. The institute shall
118	118	distribute only the money that will be expended during that fiscal
119	119	year. The remaining money shall be [maintained in an escrow account
120	120	to be] distributed by the institute as the money is needed in each
121	121	subsequent fiscal year [years of the project].
122	122	SECTION 7. (a) The changes in law made by this Act apply
123	123	only to a grant of funds for a multiyear project by the Cancer
124	124	Prevention and Research Institute of Texas Oversight Committee as
125	125	authorized by Section 102.257, Health and Safety Code, as amended
126	126	by this Act, awarded on or after the effective date of this Act. A
127	127	grant of funds for a multiyear project awarded before that date is
128	128	governed by the law in effect on the date the grant was awarded, and
129	129	the former law is continued in effect for that purpose.
130	130	(b) The changes in law made by this Act to Section 55.13,
131	131	Education Code, and Section 1232.101, Government Code, apply only
132	132	to bonds authorized on or after the effective date of this Act.
133	133	Bonds authorized before that date are governed by the law in effect
134	134	on the date the bonds were authorized, and the former law is
135	135	continued in effect for that purpose.
136	136	SECTION 8. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2011.
141	141	* * * * *