Texas 2017 - 85th Regular

Texas House Bill HB3772 Compare Versions

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1-85R19413 CLG-F
2- By: Button, Parker, Capriglione, Springer, H.B. No. 3772
3- Martinez, et al.
4- Substitute the following for H.B. No. 3772:
5- By: Button C.S.H.B. No. 3772
1+85R7627 CLG-F
2+ By: Button H.B. No. 3772
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
107 relating to operation of the Texas leverage fund program
118 administered by the Texas Economic Development Bank.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Chapter 489, Government Code, is amended by
10+ SECTION 1. Section 489.105(b), Government Code, is amended
11+ to read as follows:
12+ (b) The fund consists of:
13+ (1) appropriations for the implementation and
14+ administration of this chapter;
15+ (2) investment earnings under the capital access fund
16+ established under Section 481.402;
17+ (3) fees charged under Subchapter BB, Chapter 481;
18+ (4) interest earned on the investment of money in the
19+ fund;
20+ (5) fees charged under this chapter;
21+ (6) investment earnings from the programs
22+ administered by the bank;
23+ (7) amounts transferred under Section 2303.504(b), as
24+ amended by Article 2, Chapter 1134, Acts of the 77th Legislature,
25+ Regular Session, 2001;
26+ (8) investment earnings under the Texas product
27+ development fund under Section 489.211;
28+ (9) investment earnings under the Texas small business
29+ incubator fund under Section 489.212;
30+ (9-a) amounts made available to the bank for the bank's
31+ costs of administering the Texas leverage fund program under
32+ Subchapter E; and
33+ (10) any other amounts received by the state under
34+ this chapter other than under Subchapter E.
35+ SECTION 2. Chapter 489, Government Code, is amended by
1436 adding Subchapter E to read as follows:
1537 SUBCHAPTER E. TEXAS LEVERAGE FUND
1638 Sec. 489.251. DEFINITION. In this subchapter, "leverage
1739 fund" means the Texas leverage fund established by Section 489.252.
1840 Sec. 489.252. TEXAS LEVERAGE FUND. (a) The Texas leverage
1941 fund is created as a trust fund held outside the state treasury by
2042 the comptroller as trustee. The comptroller shall hold money in the
2143 fund in escrow and in trust for and on behalf of the bank and the
22- owners of bonds issued under Section 489.253.
44+ owners of obligations issued under Section 489.253.
2345 (b) The leverage fund consists of:
24- (1) proceeds from the issuance of bonds under Section
25- 489.253;
46+ (1) proceeds from the issuance of obligations under
47+ Section 489.253;
2648 (2) payments of principal and interest on loans made
2749 under this subchapter;
2850 (3) loan origination fees imposed on loans made under
29- this subchapter;
30- (4) investment earnings described by Subsection (c);
31- and
32- (5) any other money received by the bank under this
51+ this subchapter; and
52+ (4) any other money received by the bank under this
3353 subchapter.
3454 (c) The leverage fund may be used only:
3555 (1) to make loans to economic development corporations
3656 for eligible projects as authorized by Chapters 501, 504, and 505,
3757 Local Government Code;
3858 (2) to pay the bank's necessary and reasonable costs of
3959 administering the program established by this subchapter,
4060 including the payment of letter of credit fees and credit rating
4161 fees;
42- (3) to pay the principal of and interest on bonds
43- issued under Section 489.253;
62+ (3) to pay the principal of and interest on
63+ obligations issued under Section 489.253;
4464 (4) to pay reasonable fees and other costs incurred by
4565 the bank in administering the fund; and
4666 (5) for any other purpose authorized by this
4767 subchapter.
48- (d) The bank, in coordination with the comptroller, may
49- provide for the establishment and maintenance of separate accounts
50- or sub-accounts in the leverage fund, including interest and
51- sinking accounts, reserve accounts, program accounts, or other
52- accounts. The accounts and sub-accounts must be kept and held in
53- escrow and in trust as provided by Subsection (a).
68+ (d) The bank may provide for the establishment and
69+ maintenance of separate accounts or sub-accounts in the leverage
70+ fund, including interest and sinking accounts, reserve accounts,
71+ program accounts, or other accounts. The accounts and sub-accounts
72+ must be kept and held in escrow and in trust as provided by
73+ Subsection (a).
5474 (e) Pending use, the comptroller may invest and reinvest the
5575 money in the leverage fund in investments authorized by law for
56- state funds. Earnings on the investments shall be credited to the
57- fund.
58- (f) The bank may use money in the leverage fund for the
59- purposes specified by and according to the procedures established
60- by this subchapter. This state may take action with respect to the
61- fund only as specified by this subchapter and only in accordance
62- with the resolutions of the executive director of the office
63- adopted under Section 489.253.
64- Sec. 489.253. REVENUE-BASED BONDS AUTHORIZED. (a) The
65- bank, the office, or the office's successor agency may provide for
66- the issuance, sale, and retirement of bonds, including obligations
67- in the form of commercial paper notes, to provide funding for
68- economic development purposes as authorized by Section 52-a,
69- Article III, Texas Constitution, and this subchapter.
70- (b) The bonds are special obligations of the bank and the
71- principal of and interest on the bonds must be payable solely from
72- the revenues derived by the bank under this subchapter, including
73- loan repayments secured by a pledge of the local economic
74- development sales and use tax revenues imposed by municipalities
75- for the benefit of economic development corporations created under
76- Chapters 504 and 505, Local Government Code. The bonds do not
77- constitute an indebtedness of this state, the office, or the bank in
78- the meaning of the Texas Constitution or of any statutory
79- limitation. The bonds do not constitute a pecuniary liability of
80- this state, the office, or the bank or constitute a charge against
81- the general credit of this state, the office, or the bank, or
82- against the taxing power of this state. The limitations provided by
83- this subsection must be stated plainly on the face of each bond.
76+ state funds.
77+ Sec. 489.253. REVENUE-BASED OBLIGATIONS AUTHORIZED. (a)
78+ The bank, the office, or the office's successor agency may provide
79+ for the issuance, sale, and retirement of obligations in the form of
80+ commercial paper notes to provide funding for economic development
81+ purposes as authorized by Section 52-a, Article III, Texas
82+ Constitution, and this subchapter.
83+ (b) The obligations must be special obligations of the bank
84+ and the principal of and interest on the obligations must be payable
85+ solely from the revenues derived by the bank and secured by a pledge
86+ of the local economic development sales and use tax revenues
87+ imposed by municipalities for the benefit of economic development
88+ corporations created under Chapters 504 and 505, Local Government
89+ Code. The obligations may not constitute an indebtedness of this
90+ state, the office, or the bank in the meaning of the Texas
91+ Constitution or of a statutory limitation. The obligations may not
92+ constitute a pecuniary liability of this state, the office, or the
93+ bank or constitute a charge against the general credit of this state
94+ or its taxing power, the office, or the bank. The limitations
95+ provided by this subsection must be stated plainly on the face of
96+ each obligation.
8497 (c) The executive director of the office by resolution may
85- provide for the bonds to:
86- (1) be executed and delivered at any time in one or
87- more series as a single issue or as several issues;
98+ provide for the obligations to:
99+ (1) be executed and delivered at any time as a single
100+ issue or as several issues;
88101 (2) be in any denomination and form, including
89- registered uncertificated bonds not represented by written
102+ registered uncertificated obligations not represented by written
90103 instruments and commonly known as book-entry obligations, the
91104 registration of ownership and transfer of which the bank shall
92105 provide for under a system of books and records maintained by a
93106 financial institution serving as trustee, paying agent, or bond
94107 registrar;
95- (3) be of a term authorized by the executive director,
96- not to exceed 40 years from their date;
108+ (3) be of a term authorized by the executive director;
97109 (4) be in coupon or registered form;
98110 (5) be payable in installments and at a time or times
99111 not exceeding the term authorized by applicable law;
100112 (6) be subject to terms of redemption;
101113 (7) be payable at a place or places;
102114 (8) bear no interest or bear interest at any rate or
103115 rates, fixed, variable, floating, or otherwise determined by the
104116 bank or determined under a contractual arrangement approved by the
105117 executive director, except that the maximum net effective interest
106- rate, computed in accordance with Section 1204.005, on the bonds
107- may not exceed a rate equal to the maximum annual interest rate
108- established by Section 1204.006; and
118+ rate, computed in accordance with Section 1204.005, on the
119+ obligations may not exceed a rate equal to the maximum annual
120+ interest rate established by Section 1204.006; and
109121 (9) contain provisions not inconsistent with this
110122 subchapter.
111- (d) Bonds issued under this section are subject to review
112- and approval by the attorney general in the same manner and with the
113- same effect as may be required by law, including Chapter 1202 or
114- 1371, as applicable.
123+ (d) Obligations issued under this section are subject to
124+ review and approval by the attorney general in the same manner and
125+ with the same effect as provided by Chapters 1202 and 1371.
115126 (e) This state pledges to and agrees with the owners of any
116- bonds issued under this section that this state will not limit or
117- alter the rights vested in the bank to fulfill the terms of any
118- agreements made with an owner or in any way impair the rights and
119- remedies of an owner until the bonds, together with any premium and
120- the interest on the bonds, with interest on any unpaid premium or
121- installments of interest, and all costs and expenses in connection
122- with any action or proceeding by or on behalf of the owners, are
123- fully met and discharged. The bank may include this pledge and
124- agreement of this state in any agreement with the owners of the
125- bonds.
126- Sec. 489.254. BOND SALE AND ISSUANCE. (a) Bonds issued
127- under Section 489.253 may be sold at public or private sale at a
128- price and in a manner and from time to time as resolutions of the
129- executive director of the office that authorize issuance of the
130- bonds provide.
131- (b) From the proceeds of the sale of the bonds, the bank may
132- pay expenses, premiums, and insurance premiums that the bank
133- considers necessary or advantageous in connection with the
134- authorization, sale, and issuance of the bonds.
135- (c) In connection with the issuance of its bonds, the bank
136- may exercise the powers granted to the governing body of an issuer
137- in connection with the issuance of obligations under Chapter 1371.
138- However, any bonds issued in accordance with this subchapter and
139- Chapter 1371 are not subject to the rating requirement for an
140- obligation issued under Chapter 1371.
141- Sec. 489.255. AGREEMENTS IN BONDS. (a) A resolution of the
142- executive director of the office that authorizes bonds to be issued
127+ obligations issued under this section that this state will not
128+ limit or alter the rights vested in the bank to fulfill the terms of
129+ any agreements made with an owner or in any way impair the rights
130+ and remedies of an owner until the obligations, together with any
131+ premium and the interest on the obligations, with interest on any
132+ unpaid premium or installments of interest, and all costs and
133+ expenses in connection with any action or proceeding by or on behalf
134+ of the owners, are fully met and discharged. The bank may include
135+ this pledge and agreement of this state in any agreement with the
136+ owners of the obligations.
137+ Sec. 489.254. OBLIGATION SALE AND ISSUANCE. (a)
138+ Obligations issued under Section 489.253 may be sold at public or
139+ private sale at a price and in a manner and from time to time as the
140+ executive director of the office's resolutions authorizing
141+ issuance of the obligations provide.
142+ (b) From the proceeds of the sale of the obligations, the
143+ bank may pay expenses, premiums, and insurance premiums that the
144+ bank considers necessary or advantageous in connection with the
145+ authorization, sale, and issuance of the obligations.
146+ (c) In connection with the issuance of its obligations, the
147+ bank may exercise the powers granted to the governing body of an
148+ issuer in connection with the issuance of obligations under Chapter
149+ 1371.
150+ Sec. 489.255. AGREEMENTS IN OBLIGATIONS. (a) The
151+ resolution under which the obligations are authorized to be issued
143152 under Section 489.253 or a security agreement, including a related
144153 indenture or trust indenture, may contain any agreements and
145- provisions customarily contained in instruments securing bonds,
146- including provisions respecting the fixing and collection of
147- obligations, the creation and maintenance of special funds, and the
148- rights and remedies available, in the event of default to the
149- holders of the bonds or to the trustee under the security agreement,
150- all as the bank considers advisable and consistent with this
151- subchapter. However, in making such an agreement or provision, the
152- bank may not incur:
154+ provisions customarily contained in instruments securing
155+ obligations, including provisions respecting the fixing and
156+ collection of obligations, the creation and maintenance of special
157+ funds, and the rights and remedies available, in the event of
158+ default to the holders of the obligations or to the trustee under
159+ the security agreement, all as the bank considers advisable and
160+ consistent with this subchapter. However, in making such an
161+ agreement or provision, the bank may not incur a pecuniary
162+ liability or a charge on the general credit of the bank, the office,
163+ or this state or against the taxing powers of this state.
164+ (b) The resolution of the bank authorizing the issuance of
165+ the obligations and a security agreement securing the obligations
166+ may provide that, in the event of default in payment of the
167+ principal of or interest on the obligations or in the performance of
168+ an agreement contained in the proceedings or security agreement,
169+ the payment and performance may be enforced as provided by Sections
170+ 403.055 and 403.0551, by mandamus, or by the appointment of a
171+ receiver in equity with power to charge and collect obligations and
172+ to apply revenues pledged according to the proceedings or the
173+ provisions of the security agreement. A security agreement may
174+ provide that in the event of default in payment or the violation of
175+ an agreement contained in the security agreement it may be
176+ foreclosed by proceedings at law or in equity and that a trustee
177+ under the security agreement or the holder of an obligation it
178+ secures may become the purchaser at a foreclosure sale, if the
179+ trustee or holder is the highest bidder.
180+ (c) A breach of a security agreement does not constitute:
153181 (1) a pecuniary liability of this state, the office,
154182 or the bank; or
155- (2) a charge against the general credit of this state,
156- the office, or the bank, or against the taxing powers of this state.
157- (b) The resolution of the executive director of the office
158- authorizing the issuance of the bonds and a security agreement
159- securing the bonds may provide that, in the event of default in
160- payment of the principal of or interest on the bonds or in the
161- performance of an agreement contained in the proceedings or
162- security agreement, the payment and performance may be enforced as
163- provided by Sections 403.055 and 403.0551, by mandamus, or by the
164- appointment of a receiver in equity with power to charge and collect
165- bonds and to apply revenues pledged according to the proceedings or
166- the provisions of the security agreement. A security agreement may
167- provide that, in the event of default in payment or the violation of
168- an agreement contained in the security agreement, a trustee under
169- the security agreement may enforce the bondholder's rights by
170- mandamus or other proceedings at law or in equity to obtain any
171- relief permitted by law, including the right to collect and receive
172- any revenue used to secure the bonds.
173- (c) A breach of a resolution of the executive director of
174- the office adopted under Section 489.253, a breach of an agreement
175- made under this section, or a default under bonds issued under this
176- subchapter does not constitute:
177- (1) a pecuniary liability of this state, the office,
178- or the bank; or
179- (2) a charge against the general credit of this state,
180- the office, or the bank, or against the taxing power of this state.
183+ (2) constitute a charge against the general credit of
184+ this state or its taxing power, the office, or the bank.
181185 (d) The trustee or trustees under a security agreement or a
182186 depository specified by the security agreement may be any person
183187 that the bank designates, regardless of whether the person is a
184188 resident of this state or incorporated under the laws of the United
185189 States or any state.
186- Sec. 489.256. REFUNDING BONDS. (a) Bonds issued under
187- Section 489.253 may be refunded by the bank by the issuance of the
188- bank's refunding bonds in the amount that the bank considers
189- necessary to refund the unpaid principal of the refunded bonds,
190- together with any unpaid interest, premiums, expenses, and
191- commissions required to be paid in connection with the refunded
192- bonds. Refunding may be effected whether the refunded bonds have
193- matured or are to mature later, either by sale of the refunding
194- bonds or by exchange of the refunding bonds for the refunded bonds.
195- (b) A holder of refunded bonds may not be compelled to
196- surrender the bonds for payment or exchange before the date on which
197- the bonds are payable, or, if the bonds are called for redemption,
198- before the date on which they are by their terms subject to
199- redemption.
200- (c) Refunding bonds having a final maturity not to exceed
201- that permitted for other bonds issued under Section 489.253 may be
202- issued under the same terms and conditions provided by this
203- subchapter for the issuance of bonds or may be issued in the manner
204- provided by statute, including Chapters 1207 and 1371.
205- Sec. 489.257. USE OF BOND PROCEEDS. The proceeds from the
206- sale of bonds issued under this subchapter may be applied only for a
207- purpose for which the bonds were issued, except that:
208- (1) any secured interest received in the sale shall be
209- applied to the payment of the principal of or interest on the bonds
210- sold and, if a portion of the proceeds is not needed for a purpose
211- for which the bonds were issued, that portion shall be applied to
212- the payment of the principal of or interest on the bonds; and
213- (2) any premium received in the sale of the bonds shall
214- be applied in accordance with Section 1201.042(d).
215- Sec. 489.258. BONDS AS LEGAL INVESTMENTS FOR FIDUCIARIES
216- AND OTHER PERSONS. (a) Bonds of the bank issued under this
217- subchapter are securities in which all public officers and bodies
218- of this state; municipalities; municipal subdivisions; insurance
219- companies and associations and other persons carrying on an
220- insurance business; banks, bankers, trust companies, savings and
190+ Sec. 489.256. REFUNDING OBLIGATIONS. (a) Obligations
191+ issued under Section 489.253 may be refunded by the bank by the
192+ issuance of the bank's refunding obligations in the amount that the
193+ bank considers necessary to refund the unpaid principal of the
194+ refunded obligations, together with any unpaid interest, premiums,
195+ expenses, and commissions required to be paid in connection with
196+ the refunded obligations. Refunding may be effected whether the
197+ refunded obligations have matured or are to mature later, either by
198+ sale of the refunding obligations or by exchange of the refunding
199+ obligations for the refunded obligations.
200+ (b) A holder of refunded obligations may not be compelled to
201+ surrender the obligations for payment or exchange before the date
202+ on which the obligations are payable, or, if the obligations are
203+ called for redemption, before the date on which they are by their
204+ terms subject to redemption.
205+ (c) Refunding obligations having a final maturity not to
206+ exceed that permitted for other obligations issued under Section
207+ 489.253 may be issued under the same terms and conditions provided
208+ by this subchapter for the issuance of obligations or may be issued
209+ in the manner provided by statute, including Chapters 1207 and
210+ 1371.
211+ Sec. 489.257. OBLIGATION PROCEEDS; USE OF LEVERAGE FUND.
212+ (a) The proceeds from the sale of obligations issued under this
213+ subchapter may be applied only for a purpose for which the
214+ obligations were issued, except that any premium or secured
215+ interest received in the sale shall be applied to the payment of the
216+ principal of or interest on the obligations sold and, if a portion
217+ of the proceeds is not needed for a purpose for which the
218+ obligations were issued, that portion shall be applied to the
219+ payment of the principal of or interest on the obligations.
220+ (b) The bank is authorized to use money in the leverage fund
221+ for the purposes specified in and according to the procedures
222+ established by this subchapter, and this state may not take any
223+ action with respect to the leverage fund other than as this
224+ subchapter specifies and the resolutions of the executive director
225+ of the office specify.
226+ Sec. 489.258. OBLIGATIONS AS LEGAL INVESTMENTS FOR
227+ FIDUCIARIES AND OTHER PERSONS. (a) Obligations of the bank issued
228+ under this subchapter are securities in which all public officers
229+ and bodies of this state; municipalities; municipal subdivisions;
230+ insurance companies and associations and other persons carrying on
231+ an insurance business; banks, bankers, trust companies, savings and
221232 loan associations, investment companies, and other persons
222233 carrying on a banking business; administrators, guardians,
223234 executors, trustees, and other fiduciaries; and other persons
224235 authorized to invest in other obligations of this state may invest
225236 funds, including capital, in their control or belonging to them.
226- (b) Notwithstanding any other provision of law, the bonds of
227- the bank issued under this subchapter are also securities that may
228- be deposited with and received by public officers and bodies of this
229- state and municipalities and municipal subdivisions for any purpose
230- for which the deposit of other obligations of the state are
231- authorized.
232- Sec. 489.259. ADMINISTRATION OF LEVERAGE FUND. The bank
233- shall administer the leverage fund. In administering the leverage
234- fund and this subchapter, the bank has the powers necessary to carry
235- out the purposes of this subchapter, including the power to:
236- (1) make, execute, and deliver contracts,
237- conveyances, and other instruments; and
238- (2) impose charges and provide for reasonable
239- penalties for delinquent payments or performance in connection with
240- any transaction.
241- SECTION 2. The Texas leverage fund program as amended by
237+ (b) Notwithstanding any other provision of law, the
238+ obligations of the bank issued under this subchapter are also
239+ securities that may be deposited with and received by public
240+ officers and bodies of this state and municipalities and municipal
241+ subdivisions for any purpose for which the deposit of other
242+ obligations of the state are authorized.
243+ SECTION 3. The Texas leverage fund program as amended by
242244 this Act authorizes the continued operation of the program that was
243245 established by the September 9, 1992, master resolution of the
244246 Texas Department of Commerce under Chapter 4 (S.B. 223), Acts of the
245247 71st Legislature, Regular Session, 1989 (codifying authority of the
246248 former Texas Department of Commerce to issue revenue bonds under
247249 former Sections 481.052 through 481.058, Government Code), as
248250 amended by Chapter 1041 (S.B. 932), Acts of the 75th Legislature,
249251 Regular Session, 1997, and by Chapter 814 (S.B. 275), Acts of the
250252 78th Legislature, Regular Session, 2003.
251- SECTION 3. (a) Except as provided by Subsection (b) of this
253+ SECTION 4. (a) Except as provided by Subsection (b) of this
252254 section, the governmental acts and proceedings of the comptroller,
253255 the Texas Economic Development and Tourism Office, and the Texas
254256 Economic Development Bank relating to the administration of the
255257 Texas leverage fund program that occurred before the effective date
256258 of this Act are validated as if the acts had occurred as authorized
257259 by law.
258260 (b) This section does not validate:
259261 (1) an act that, under the law of this state at the
260262 time the act occurred, was a misdemeanor or felony; or
261263 (2) a matter that on the effective date of this Act:
262264 (A) is involved in litigation if the litigation
263265 ultimately results in the matter being held invalid by a final
264266 judgment of a court; or
265267 (B) has been held invalid by a final judgment of a
266268 court.
267- SECTION 4. This Act takes effect immediately if it receives
268- a vote of two-thirds of all the members elected to each house, as
269- provided by Section 39, Article III, Texas Constitution. If this
270- Act does not receive the vote necessary for immediate effect, this
271- Act takes effect September 1, 2017.
269+ SECTION 5. This Act takes effect September 1, 2017.