13 | | - | SECTION 1. Chapter 489, Government Code, is amended by |
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| 10 | + | SECTION 1. Section 489.105(b), Government Code, is amended |
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| 11 | + | to read as follows: |
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| 12 | + | (b) The fund consists of: |
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| 13 | + | (1) appropriations for the implementation and |
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| 14 | + | administration of this chapter; |
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| 15 | + | (2) investment earnings under the capital access fund |
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| 16 | + | established under Section 481.402; |
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| 17 | + | (3) fees charged under Subchapter BB, Chapter 481; |
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| 18 | + | (4) interest earned on the investment of money in the |
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| 19 | + | fund; |
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| 20 | + | (5) fees charged under this chapter; |
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| 21 | + | (6) investment earnings from the programs |
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| 22 | + | administered by the bank; |
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| 23 | + | (7) amounts transferred under Section 2303.504(b), as |
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| 24 | + | amended by Article 2, Chapter 1134, Acts of the 77th Legislature, |
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| 25 | + | Regular Session, 2001; |
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| 26 | + | (8) investment earnings under the Texas product |
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| 27 | + | development fund under Section 489.211; |
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| 28 | + | (9) investment earnings under the Texas small business |
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| 29 | + | incubator fund under Section 489.212; |
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| 30 | + | (9-a) amounts made available to the bank for the bank's |
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| 31 | + | costs of administering the Texas leverage fund program under |
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| 32 | + | Subchapter E; and |
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| 33 | + | (10) any other amounts received by the state under |
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| 34 | + | this chapter other than under Subchapter E. |
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| 35 | + | SECTION 2. Chapter 489, Government Code, is amended by |
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56 | | - | state funds. Earnings on the investments shall be credited to the |
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57 | | - | fund. |
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58 | | - | (f) The bank may use money in the leverage fund for the |
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59 | | - | purposes specified by and according to the procedures established |
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60 | | - | by this subchapter. This state may take action with respect to the |
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61 | | - | fund only as specified by this subchapter and only in accordance |
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62 | | - | with the resolutions of the executive director of the office |
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63 | | - | adopted under Section 489.253. |
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64 | | - | Sec. 489.253. REVENUE-BASED BONDS AUTHORIZED. (a) The |
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65 | | - | bank, the office, or the office's successor agency may provide for |
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66 | | - | the issuance, sale, and retirement of bonds, including obligations |
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67 | | - | in the form of commercial paper notes, to provide funding for |
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68 | | - | economic development purposes as authorized by Section 52-a, |
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69 | | - | Article III, Texas Constitution, and this subchapter. |
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70 | | - | (b) The bonds are special obligations of the bank and the |
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71 | | - | principal of and interest on the bonds must be payable solely from |
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72 | | - | the revenues derived by the bank under this subchapter, including |
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73 | | - | loan repayments secured by a pledge of the local economic |
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74 | | - | development sales and use tax revenues imposed by municipalities |
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75 | | - | for the benefit of economic development corporations created under |
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76 | | - | Chapters 504 and 505, Local Government Code. The bonds do not |
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77 | | - | constitute an indebtedness of this state, the office, or the bank in |
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78 | | - | the meaning of the Texas Constitution or of any statutory |
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79 | | - | limitation. The bonds do not constitute a pecuniary liability of |
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80 | | - | this state, the office, or the bank or constitute a charge against |
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81 | | - | the general credit of this state, the office, or the bank, or |
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82 | | - | against the taxing power of this state. The limitations provided by |
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83 | | - | this subsection must be stated plainly on the face of each bond. |
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| 76 | + | state funds. |
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| 77 | + | Sec. 489.253. REVENUE-BASED OBLIGATIONS AUTHORIZED. (a) |
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| 78 | + | The bank, the office, or the office's successor agency may provide |
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| 79 | + | for the issuance, sale, and retirement of obligations in the form of |
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| 80 | + | commercial paper notes to provide funding for economic development |
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| 81 | + | purposes as authorized by Section 52-a, Article III, Texas |
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| 82 | + | Constitution, and this subchapter. |
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| 83 | + | (b) The obligations must be special obligations of the bank |
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| 84 | + | and the principal of and interest on the obligations must be payable |
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| 85 | + | solely from the revenues derived by the bank and secured by a pledge |
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| 86 | + | of the local economic development sales and use tax revenues |
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| 87 | + | imposed by municipalities for the benefit of economic development |
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| 88 | + | corporations created under Chapters 504 and 505, Local Government |
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| 89 | + | Code. The obligations may not constitute an indebtedness of this |
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| 90 | + | state, the office, or the bank in the meaning of the Texas |
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| 91 | + | Constitution or of a statutory limitation. The obligations may not |
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| 92 | + | constitute a pecuniary liability of this state, the office, or the |
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| 93 | + | bank or constitute a charge against the general credit of this state |
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| 94 | + | or its taxing power, the office, or the bank. The limitations |
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| 95 | + | provided by this subsection must be stated plainly on the face of |
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| 96 | + | each obligation. |
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116 | | - | bonds issued under this section that this state will not limit or |
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117 | | - | alter the rights vested in the bank to fulfill the terms of any |
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118 | | - | agreements made with an owner or in any way impair the rights and |
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119 | | - | remedies of an owner until the bonds, together with any premium and |
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120 | | - | the interest on the bonds, with interest on any unpaid premium or |
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121 | | - | installments of interest, and all costs and expenses in connection |
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122 | | - | with any action or proceeding by or on behalf of the owners, are |
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123 | | - | fully met and discharged. The bank may include this pledge and |
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124 | | - | agreement of this state in any agreement with the owners of the |
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125 | | - | bonds. |
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126 | | - | Sec. 489.254. BOND SALE AND ISSUANCE. (a) Bonds issued |
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127 | | - | under Section 489.253 may be sold at public or private sale at a |
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128 | | - | price and in a manner and from time to time as resolutions of the |
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129 | | - | executive director of the office that authorize issuance of the |
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130 | | - | bonds provide. |
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131 | | - | (b) From the proceeds of the sale of the bonds, the bank may |
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132 | | - | pay expenses, premiums, and insurance premiums that the bank |
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133 | | - | considers necessary or advantageous in connection with the |
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134 | | - | authorization, sale, and issuance of the bonds. |
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135 | | - | (c) In connection with the issuance of its bonds, the bank |
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136 | | - | may exercise the powers granted to the governing body of an issuer |
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137 | | - | in connection with the issuance of obligations under Chapter 1371. |
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138 | | - | However, any bonds issued in accordance with this subchapter and |
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139 | | - | Chapter 1371 are not subject to the rating requirement for an |
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140 | | - | obligation issued under Chapter 1371. |
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141 | | - | Sec. 489.255. AGREEMENTS IN BONDS. (a) A resolution of the |
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142 | | - | executive director of the office that authorizes bonds to be issued |
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| 127 | + | obligations issued under this section that this state will not |
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| 128 | + | limit or alter the rights vested in the bank to fulfill the terms of |
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| 129 | + | any agreements made with an owner or in any way impair the rights |
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| 130 | + | and remedies of an owner until the obligations, together with any |
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| 131 | + | premium and the interest on the obligations, with interest on any |
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| 132 | + | unpaid premium or installments of interest, and all costs and |
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| 133 | + | expenses in connection with any action or proceeding by or on behalf |
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| 134 | + | of the owners, are fully met and discharged. The bank may include |
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| 135 | + | this pledge and agreement of this state in any agreement with the |
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| 136 | + | owners of the obligations. |
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| 137 | + | Sec. 489.254. OBLIGATION SALE AND ISSUANCE. (a) |
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| 138 | + | Obligations issued under Section 489.253 may be sold at public or |
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| 139 | + | private sale at a price and in a manner and from time to time as the |
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| 140 | + | executive director of the office's resolutions authorizing |
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| 141 | + | issuance of the obligations provide. |
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| 142 | + | (b) From the proceeds of the sale of the obligations, the |
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| 143 | + | bank may pay expenses, premiums, and insurance premiums that the |
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| 144 | + | bank considers necessary or advantageous in connection with the |
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| 145 | + | authorization, sale, and issuance of the obligations. |
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| 146 | + | (c) In connection with the issuance of its obligations, the |
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| 147 | + | bank may exercise the powers granted to the governing body of an |
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| 148 | + | issuer in connection with the issuance of obligations under Chapter |
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| 149 | + | 1371. |
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| 150 | + | Sec. 489.255. AGREEMENTS IN OBLIGATIONS. (a) The |
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| 151 | + | resolution under which the obligations are authorized to be issued |
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145 | | - | provisions customarily contained in instruments securing bonds, |
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146 | | - | including provisions respecting the fixing and collection of |
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147 | | - | obligations, the creation and maintenance of special funds, and the |
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148 | | - | rights and remedies available, in the event of default to the |
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149 | | - | holders of the bonds or to the trustee under the security agreement, |
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150 | | - | all as the bank considers advisable and consistent with this |
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151 | | - | subchapter. However, in making such an agreement or provision, the |
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152 | | - | bank may not incur: |
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| 154 | + | provisions customarily contained in instruments securing |
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| 155 | + | obligations, including provisions respecting the fixing and |
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| 156 | + | collection of obligations, the creation and maintenance of special |
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| 157 | + | funds, and the rights and remedies available, in the event of |
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| 158 | + | default to the holders of the obligations or to the trustee under |
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| 159 | + | the security agreement, all as the bank considers advisable and |
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| 160 | + | consistent with this subchapter. However, in making such an |
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| 161 | + | agreement or provision, the bank may not incur a pecuniary |
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| 162 | + | liability or a charge on the general credit of the bank, the office, |
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| 163 | + | or this state or against the taxing powers of this state. |
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| 164 | + | (b) The resolution of the bank authorizing the issuance of |
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| 165 | + | the obligations and a security agreement securing the obligations |
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| 166 | + | may provide that, in the event of default in payment of the |
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| 167 | + | principal of or interest on the obligations or in the performance of |
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| 168 | + | an agreement contained in the proceedings or security agreement, |
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| 169 | + | the payment and performance may be enforced as provided by Sections |
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| 170 | + | 403.055 and 403.0551, by mandamus, or by the appointment of a |
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| 171 | + | receiver in equity with power to charge and collect obligations and |
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| 172 | + | to apply revenues pledged according to the proceedings or the |
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| 173 | + | provisions of the security agreement. A security agreement may |
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| 174 | + | provide that in the event of default in payment or the violation of |
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| 175 | + | an agreement contained in the security agreement it may be |
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| 176 | + | foreclosed by proceedings at law or in equity and that a trustee |
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| 177 | + | under the security agreement or the holder of an obligation it |
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| 178 | + | secures may become the purchaser at a foreclosure sale, if the |
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| 179 | + | trustee or holder is the highest bidder. |
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| 180 | + | (c) A breach of a security agreement does not constitute: |
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155 | | - | (2) a charge against the general credit of this state, |
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156 | | - | the office, or the bank, or against the taxing powers of this state. |
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157 | | - | (b) The resolution of the executive director of the office |
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158 | | - | authorizing the issuance of the bonds and a security agreement |
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159 | | - | securing the bonds may provide that, in the event of default in |
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160 | | - | payment of the principal of or interest on the bonds or in the |
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161 | | - | performance of an agreement contained in the proceedings or |
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162 | | - | security agreement, the payment and performance may be enforced as |
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163 | | - | provided by Sections 403.055 and 403.0551, by mandamus, or by the |
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164 | | - | appointment of a receiver in equity with power to charge and collect |
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165 | | - | bonds and to apply revenues pledged according to the proceedings or |
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166 | | - | the provisions of the security agreement. A security agreement may |
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167 | | - | provide that, in the event of default in payment or the violation of |
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168 | | - | an agreement contained in the security agreement, a trustee under |
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169 | | - | the security agreement may enforce the bondholder's rights by |
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170 | | - | mandamus or other proceedings at law or in equity to obtain any |
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171 | | - | relief permitted by law, including the right to collect and receive |
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172 | | - | any revenue used to secure the bonds. |
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173 | | - | (c) A breach of a resolution of the executive director of |
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174 | | - | the office adopted under Section 489.253, a breach of an agreement |
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175 | | - | made under this section, or a default under bonds issued under this |
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176 | | - | subchapter does not constitute: |
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177 | | - | (1) a pecuniary liability of this state, the office, |
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178 | | - | or the bank; or |
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179 | | - | (2) a charge against the general credit of this state, |
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180 | | - | the office, or the bank, or against the taxing power of this state. |
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| 183 | + | (2) constitute a charge against the general credit of |
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| 184 | + | this state or its taxing power, the office, or the bank. |
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186 | | - | Sec. 489.256. REFUNDING BONDS. (a) Bonds issued under |
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187 | | - | Section 489.253 may be refunded by the bank by the issuance of the |
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188 | | - | bank's refunding bonds in the amount that the bank considers |
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189 | | - | necessary to refund the unpaid principal of the refunded bonds, |
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190 | | - | together with any unpaid interest, premiums, expenses, and |
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191 | | - | commissions required to be paid in connection with the refunded |
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192 | | - | bonds. Refunding may be effected whether the refunded bonds have |
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193 | | - | matured or are to mature later, either by sale of the refunding |
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194 | | - | bonds or by exchange of the refunding bonds for the refunded bonds. |
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195 | | - | (b) A holder of refunded bonds may not be compelled to |
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196 | | - | surrender the bonds for payment or exchange before the date on which |
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197 | | - | the bonds are payable, or, if the bonds are called for redemption, |
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198 | | - | before the date on which they are by their terms subject to |
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199 | | - | redemption. |
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200 | | - | (c) Refunding bonds having a final maturity not to exceed |
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201 | | - | that permitted for other bonds issued under Section 489.253 may be |
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202 | | - | issued under the same terms and conditions provided by this |
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203 | | - | subchapter for the issuance of bonds or may be issued in the manner |
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204 | | - | provided by statute, including Chapters 1207 and 1371. |
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205 | | - | Sec. 489.257. USE OF BOND PROCEEDS. The proceeds from the |
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206 | | - | sale of bonds issued under this subchapter may be applied only for a |
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207 | | - | purpose for which the bonds were issued, except that: |
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208 | | - | (1) any secured interest received in the sale shall be |
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209 | | - | applied to the payment of the principal of or interest on the bonds |
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210 | | - | sold and, if a portion of the proceeds is not needed for a purpose |
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211 | | - | for which the bonds were issued, that portion shall be applied to |
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212 | | - | the payment of the principal of or interest on the bonds; and |
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213 | | - | (2) any premium received in the sale of the bonds shall |
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214 | | - | be applied in accordance with Section 1201.042(d). |
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215 | | - | Sec. 489.258. BONDS AS LEGAL INVESTMENTS FOR FIDUCIARIES |
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216 | | - | AND OTHER PERSONS. (a) Bonds of the bank issued under this |
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217 | | - | subchapter are securities in which all public officers and bodies |
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218 | | - | of this state; municipalities; municipal subdivisions; insurance |
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219 | | - | companies and associations and other persons carrying on an |
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220 | | - | insurance business; banks, bankers, trust companies, savings and |
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| 190 | + | Sec. 489.256. REFUNDING OBLIGATIONS. (a) Obligations |
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| 191 | + | issued under Section 489.253 may be refunded by the bank by the |
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| 192 | + | issuance of the bank's refunding obligations in the amount that the |
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| 193 | + | bank considers necessary to refund the unpaid principal of the |
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| 194 | + | refunded obligations, together with any unpaid interest, premiums, |
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| 195 | + | expenses, and commissions required to be paid in connection with |
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| 196 | + | the refunded obligations. Refunding may be effected whether the |
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| 197 | + | refunded obligations have matured or are to mature later, either by |
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| 198 | + | sale of the refunding obligations or by exchange of the refunding |
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| 199 | + | obligations for the refunded obligations. |
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| 200 | + | (b) A holder of refunded obligations may not be compelled to |
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| 201 | + | surrender the obligations for payment or exchange before the date |
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| 202 | + | on which the obligations are payable, or, if the obligations are |
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| 203 | + | called for redemption, before the date on which they are by their |
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| 204 | + | terms subject to redemption. |
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| 205 | + | (c) Refunding obligations having a final maturity not to |
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| 206 | + | exceed that permitted for other obligations issued under Section |
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| 207 | + | 489.253 may be issued under the same terms and conditions provided |
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| 208 | + | by this subchapter for the issuance of obligations or may be issued |
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| 209 | + | in the manner provided by statute, including Chapters 1207 and |
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| 210 | + | 1371. |
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| 211 | + | Sec. 489.257. OBLIGATION PROCEEDS; USE OF LEVERAGE FUND. |
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| 212 | + | (a) The proceeds from the sale of obligations issued under this |
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| 213 | + | subchapter may be applied only for a purpose for which the |
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| 214 | + | obligations were issued, except that any premium or secured |
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| 215 | + | interest received in the sale shall be applied to the payment of the |
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| 216 | + | principal of or interest on the obligations sold and, if a portion |
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| 217 | + | of the proceeds is not needed for a purpose for which the |
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| 218 | + | obligations were issued, that portion shall be applied to the |
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| 219 | + | payment of the principal of or interest on the obligations. |
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| 220 | + | (b) The bank is authorized to use money in the leverage fund |
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| 221 | + | for the purposes specified in and according to the procedures |
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| 222 | + | established by this subchapter, and this state may not take any |
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| 223 | + | action with respect to the leverage fund other than as this |
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| 224 | + | subchapter specifies and the resolutions of the executive director |
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| 225 | + | of the office specify. |
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| 226 | + | Sec. 489.258. OBLIGATIONS AS LEGAL INVESTMENTS FOR |
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| 227 | + | FIDUCIARIES AND OTHER PERSONS. (a) Obligations of the bank issued |
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| 228 | + | under this subchapter are securities in which all public officers |
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| 229 | + | and bodies of this state; municipalities; municipal subdivisions; |
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| 230 | + | insurance companies and associations and other persons carrying on |
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| 231 | + | an insurance business; banks, bankers, trust companies, savings and |
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226 | | - | (b) Notwithstanding any other provision of law, the bonds of |
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227 | | - | the bank issued under this subchapter are also securities that may |
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228 | | - | be deposited with and received by public officers and bodies of this |
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229 | | - | state and municipalities and municipal subdivisions for any purpose |
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230 | | - | for which the deposit of other obligations of the state are |
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231 | | - | authorized. |
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232 | | - | Sec. 489.259. ADMINISTRATION OF LEVERAGE FUND. The bank |
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233 | | - | shall administer the leverage fund. In administering the leverage |
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234 | | - | fund and this subchapter, the bank has the powers necessary to carry |
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235 | | - | out the purposes of this subchapter, including the power to: |
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236 | | - | (1) make, execute, and deliver contracts, |
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237 | | - | conveyances, and other instruments; and |
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238 | | - | (2) impose charges and provide for reasonable |
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239 | | - | penalties for delinquent payments or performance in connection with |
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240 | | - | any transaction. |
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241 | | - | SECTION 2. The Texas leverage fund program as amended by |
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| 237 | + | (b) Notwithstanding any other provision of law, the |
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| 238 | + | obligations of the bank issued under this subchapter are also |
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| 239 | + | securities that may be deposited with and received by public |
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| 240 | + | officers and bodies of this state and municipalities and municipal |
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| 241 | + | subdivisions for any purpose for which the deposit of other |
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| 242 | + | obligations of the state are authorized. |
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| 243 | + | SECTION 3. The Texas leverage fund program as amended by |
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