Texas 2015 - 84th Regular

Texas House Bill HB3245 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Crownover (Senate Sponsor - Hancock) H.B. No. 3245
2		-	(In the Senate - Received from the House April 20, 2015;
3		-	May 4, 2015, read first time and referred to Committee on Higher
4		-	Education; May 13, 2015, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 13, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3245
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to qualified nonprofit corporations acting for and on
12	6		behalf of two or more cities.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Subchapter C, Chapter 53B, Education Code, is
15	9		amended by adding Section 53B.48 to read as follows:
16	10		Sec. 53B.48. QUALIFIED NONPROFIT CORPORATION ACTING FOR OR
17	11		ON BEHALF OF TWO OR MORE CITIES. (a) A qualified nonprofit
18	12		corporation described by Section 53B.47(e) that has agreed to
19	13		exercise the powers enumerated under Section 53B.47 for and on
20	14		behalf of two or more cities may withdraw from acting for and on
21	15		behalf of any of those cities if the governing body of the
22	16		applicable city consents to the withdrawal and rescinds its earlier
23	17		request that the nonprofit corporation act for and on behalf of the
24	18		city. A nonprofit corporation that completes a withdrawal
25	19		described by this subsection continues to act under the authority
26	20		of Section 53B.47(e) for and on behalf of the remaining city or
27	21		cities.
28	22		(b) Following the qualified nonprofit corporation's
29	23		withdrawal under this section from acting for and on behalf of a
30	24		city:
31	25		(1) the applicable city is no longer:
32	26		(A) entitled to participate in the appointment or
33	27		removal of a member of the board of directors of the nonprofit
34	28		corporation under Section 53B.47(e); or
35	29		(B) authorized or required to participate in the
36	30		approval of the issuance of revenue bonds or other borrowings by the
37	31		nonprofit corporation under Section 53B.47(a); and
38	32		(2) members of the board of directors of the nonprofit
39	33		corporation who were appointed by that city are no longer
40	34		considered to be qualified directors of the nonprofit corporation.
41	35		(c) A qualified nonprofit corporation that withdraws from
42	36		acting for and on behalf of a city may change the size of its board
43	37		of directors to reflect the withdrawal, provided that its bylaws at
44	38		all times require at least three directors. The governing body or
45	39		bodies of the city or cities for and on behalf of which the
46	40		nonprofit corporation continues to act retain the power to:
47	41		(1) appoint and remove the directors of the nonprofit
48	42		corporation as provided by Section 53B.47(e); and
49	43		(2) approve the issuance of revenue bonds or other
50	44		borrowings by the nonprofit corporation as provided by Section
51	45		53B.47(a).
52	46		SECTION 2. This Act takes effect immediately if it receives
53	47		a vote of two-thirds of all the members elected to each house, as
54	48		provided by Section 39, Article III, Texas Constitution. If this
55	49		Act does not receive the vote necessary for immediate effect, this
56	50		Act takes effect September 1, 2015.
57		-	* * * * *
	51	+	______________________________ ______________________________
	52	+	President of the Senate Speaker of the House
	53	+	I certify that H.B. No. 3245 was passed by the House on April
	54	+	16, 2015, by the following vote: Yeas 146, Nays 0, 2 present, not
	55	+	voting.
	56	+	______________________________
	57	+	Chief Clerk of the House
	58	+	I certify that H.B. No. 3245 was passed by the Senate on May
	59	+	20, 2015, by the following vote: Yeas 31, Nays 0.
	60	+	______________________________
	61	+	Secretary of the Senate
	62	+	APPROVED: _____________________
	63	+	Date
	64	+	_____________________
	65	+	Governor