Texas 2011 - 82nd Regular

Texas Senate Bill SB654 Compare Versions

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1	1	By: Whitmire, Hegar S.B. No. 654
2	2	(In the Senate - Filed March 3, 2011; March 8, 2011, read
3	3	first time and referred to Committee on Government Organization;
4	4	March 31, 2011, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 6, Nays 0; March 31, 2011,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 654 By: Hegar
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the continuation and functions of the Texas Public
13	13	Finance Authority.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 1232.072, Government Code, is amended to
16	16	read as follows:
17	17	Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance
18	18	Authority is subject to Chapter 325 (Texas Sunset Act). Unless
19	19	continued in existence as provided by that chapter, the authority
20	20	is abolished and this chapter expires September 1, 2023 [2011].
21	21	SECTION 2. Subchapter B, Chapter 1232, Government Code, is
22	22	amended by adding Section 1232.073 to read as follows:
23	23	Sec. 1232.073. NEGOTIATED RULEMAKING AND ALTERNATIVE
24	24	DISPUTE RESOLUTION. (a) The board shall develop and implement a
25	25	policy to encourage the use of:
26	26	(1) negotiated rulemaking procedures under Chapter
27	27	2008 for the adoption of authority rules; and
28	28	(2) appropriate alternative dispute resolution
29	29	procedures under Chapter 2009 to assist in the resolution of
30	30	internal and external disputes under the authority's jurisdiction.
31	31	(b) The authority's procedures relating to alternative
32	32	dispute resolution must conform, to the extent possible, to any
33	33	model guidelines issued by the State Office of Administrative
34	34	Hearings for the use of alternative dispute resolution by state
35	35	agencies.
36	36	(c) The authority shall:
37	37	(1) coordinate the implementation of the policy
38	38	adopted under Subsection (a);
39	39	(2) provide training as needed to implement the
40	40	procedures for negotiated rulemaking or alternative dispute
41	41	resolution; and
42	42	(3) collect data concerning the effectiveness of those
43	43	procedures.
44	44	SECTION 3. Section 1232.101, Government Code, is amended to
45	45	read as follows:
46	46	Sec. 1232.101. ISSUANCE OF BONDS FOR CERTAIN STATE
47	47	AGENCIES. (a) With respect to all bonds authorized to be issued by
48	48	or on behalf of the adjutant general's department, Parks and
49	49	Wildlife Department, Texas Agricultural Finance Authority, Texas
50	50	Low-Level Radioactive Waste Disposal Authority[, Stephen F. Austin
51	51	State University], Midwestern State University, and Texas Southern
52	52	University, the authority has the exclusive authority to act on
53	53	behalf of those entities in issuing bonds on their behalf. In
54	54	connection with those issuances and with the issuance of refunding
55	55	bonds on behalf of those entities, the authority is subject to all
56	56	rights, duties, and conditions surrounding issuance previously
57	57	applicable to the issuing entity under the statute authorizing the
58	58	issuance. A reference in an authorizing statute to the entity on
59	59	whose behalf the bonds are being issued applies equally to the
60	60	authority in its capacity as issuer on behalf of the entity.
61	61	(b) Except as provided by Subsection (a), the authority may,
62	62	under an agreement entered into with Texas State Technical College
63	63	System or a general academic teaching institution as defined by
64	64	Section 61.003, Education Code, act on behalf of Texas State
65	65	Technical College System or a general academic teaching institution
66	66	in issuing bonds on the system's or institution's behalf. In
67	67	connection with those issuances and with the issuance of refunding
68	68	bonds on behalf of the system or those institutions, the authority
69	69	is subject to all rights, duties, and conditions surrounding
70	70	issuance previously applicable to the issuing system or institution
71	71	under the statute authorizing the issuance. A reference in an
72	72	authorizing statute to the system or institution on whose behalf
73	73	the bonds are being issued applies equally to the authority in its
74	74	capacity as issuer on behalf of the system or institution. An
75	75	agreement under this subsection may provide for reimbursement to
76	76	the authority for costs incurred in issuing bonds under the
77	77	agreement.
78	78	SECTION 4. Subchapter C, Chapter 1232, Government Code, is
79	79	amended by adding Section 1232.1221 to read as follows:
80	80	Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR
81	81	CANCER-RELATED PROJECTS. A multiyear project for which funds are
82	82	granted by the Cancer Prevention and Research Institute of Texas
83	83	Oversight Committee as authorized by Section 102.257, Health and
84	84	Safety Code, may begin after:
85	85	(1) the authority has certified that obligations in an
86	86	amount sufficient to pay the money needed to fund the project have
87	87	been authorized for issuance by the authority and approved by the
88	88	Bond Review Board; or
89	89	(2) the proceeds have been deposited into the state
90	90	treasury and:
91	91	(A) the comptroller has certified that the
92	92	proceeds are available;
93	93	(B) the reserve funds and capitalized interest,
94	94	as certified by the authority as reasonably required, have been
95	95	paid; and
96	96	(C) the costs of issuing the obligations, as
97	97	certified by the authority, have been paid.
98	98	SECTION 5. Subsection (c), Section 55.13, Education Code,
99	99	is amended to read as follows:
100	100	(c) Notwithstanding any other provision of this section,
101	101	with respect to all bonds authorized to be issued by Midwestern
102	102	State University[, Stephen F. Austin State University,] or Texas
103	103	Southern University, the Texas Public Finance Authority shall
104	104	exercise the authority of a board to issue bonds on behalf of those
105	105	institutions, in the manner provided by this subchapter, including
106	106	the authority to issue refunding bonds under Section 55.19. In
107	107	connection with the issuance of bonds under this chapter, the Texas
108	108	Public Finance Authority has all the rights and duties granted or
109	109	assigned to and is subject to the same conditions as a board under
110	110	this chapter.
111	111	SECTION 6. Section 102.257, Health and Safety Code, is
112	112	amended to read as follows:
113	113	Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee
114	114	may grant funds for a multiyear project. The oversight committee
115	115	must specify the total amount of [All the] money approved [needed]
116	116	to fund the [a] multiyear project. The total amount specified is
117	117	considered for purposes of this subchapter to have been [must be]
118	118	awarded in the state fiscal year that the project is approved by the
119	119	research and prevention programs committee. The institute shall
120	120	distribute only the money that will be expended during that fiscal
121	121	year. The remaining money shall be [maintained in an escrow account
122	122	to be] distributed by the institute as the money is needed in each
123	123	subsequent fiscal year [years of the project].
124	124	SECTION 7. (a) The changes in law made by this Act apply
125	125	only to a grant of funds for a multiyear project by the Cancer
126	126	Prevention and Research Institute of Texas Oversight Committee as
127	127	authorized by Section 102.257, Health and Safety Code, as amended
128	128	by this Act, made on or after September 1, 2011. A grant of funds
129	129	for a multiyear project made before that date is governed by the law
130	130	in effect on the date the grant was made, and the former law is
131	131	continued in effect for that purpose.
132	132	(b) The changes in law made by this Act to Section 55.13,
133	133	Education Code, and Section 1232.101, Government Code, apply only
134	134	to bonds authorized on or after the effective date of this Act.
135	135	Bonds authorized before that date are governed by the law in effect
136	136	on the date the bonds were authorized, and the former law is
137	137	continued in effect for that purpose.
138	138	SECTION 8. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2011.
143	143	* * * * *