H.B. No. 4082
AN ACT
relating to the purposes for which a municipality or county may
issue an anticipation note or certificate of obligation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1431.001, Government Code, is amended by
adding Subdivision (6) to read as follows:
(6) "Public work" for an issuer that is a municipality
or county has the meaning assigned by Section 271.043, Local
Government Code.
SECTION 2. Section 271.043, Local Government Code, is
amended by adding Subdivision (7-a) to read as follows:
(7-a) "Public work" for an issuer that is a
municipality or county:
(A) means any of the following public
improvements as authorized by law:
(i) a street, road, highway, bridge,
sidewalk, or parking structure;
(ii) a landfill;
(iii) an airport;
(iv) a utility system, water supply
project, water treatment plant, wastewater treatment plant, or
water or wastewater conveyance facility;
(v) a wharf or dock;
(vi) a flood control and drainage project;
(vii) a public safety facility, including a
police station, fire station, emergency shelter, jail, or juvenile
detention facility;
(viii) a judicial facility;
(ix) an administrative office building
housing the governmental functions of the municipality or county;
(x) an animal shelter;
(xi) a library; or
(xii) a park or recreation facility that is
generally accessible to the public and is part of the municipal or
county park system;
(B) means the rehabilitation, expansion,
reconstruction, or maintenance of an existing stadium, arena, civic
center, convention center, or coliseum that is owned and operated
by the municipality or county or by an entity created to act on
behalf of the municipality or county; and
(C) does not include:
(i) a facility for which more than 50
percent of the average annual usage is or is intended to be for
professional or semi-professional sports;
(ii) a new stadium, arena, civic center,
convention center, or coliseum that is or is intended to be leased
by a single for-profit tenant for more than 180 days in a single
calendar year; or
(iii) a hotel.
SECTION 3. The changes in law made by this Act apply only to
an anticipation note or certificate of obligation issued on or
after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4082 was passed by the House on May 4,
2023, by the following vote: Yeas 122, Nays 20, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4082 was passed by the Senate on May
23, 2023, by the following vote: Yeas 20, Nays 11.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor