reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.054. Grounds for Removal

Sec. 1232.054.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  violates a prohibition established by Section 1232.060;
(2)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or
(3)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director of the authority has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the assistant presiding officer, who shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.055. Board Member Training

Sec. 1232.055.  BOARD MEMBER TRAINING.  (a)  To be eligible to take office as a member of the board, a person appointed to the board must complete at least one course of a training program that complies with this section.
(b)  The training program must provide information to the person regarding:
(1)  the enabling legislation that created the authority and the board;
(2)  the programs operated by the authority;
(3)  the role and functions of the authority;
(4)  the rules of the authority, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the authority;
(6)  the results of the most recent formal audit of the authority;
(7)  the requirements of the:
(A)  open meetings law, Chapter 551;
(B)  public information law, Chapter 552;  and
(C)  administrative procedure law, Chapter 2001;
(8)  the requirements of the conflict of interest laws and other laws relating to public officials;  and
(9)  any applicable ethics policies adopted by the authority or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act and as if the person were a member of the board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.056. Officers; Meetings

Sec. 1232.056.  OFFICERS;  MEETINGS.  (a)  The governor shall designate a member of the board as the presiding officer to serve in that capacity at the pleasure of the governor.  The board biennially shall elect an assistant presiding officer from its members.
(b)  The board shall meet at least once in each calendar quarter and shall meet at other times at the call of the presiding officer or as prescribed by board rule.
(c)  A subcommittee of the board, appointed by the board as provided by Section 1371.053(c)(2), is not subject to Chapter 551 when it is acting to price and sell the obligations of the authority in accordance with parameters for the issuance established by the board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.005(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.057. Public Testimony at Board Meetings

Sec. 1232.057.  PUBLIC TESTIMONY AT BOARD MEETINGS.  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the authority.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.058. Compensation and Expenses

Sec. 1232.058.  COMPENSATION AND EXPENSES.  A board member is entitled to:
(1)  a per diem of $50, unless otherwise specified in the General Appropriations Act, for each day the member performs functions as a board member;  and
(2)  reimbursement for actual and necessary expenses that the member incurs in performing board functions.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.059. Staff; Consultants

Sec. 1232.059.  STAFF;  CONSULTANTS.  (a)  The board shall employ persons and contract with consultants necessary for the board to perform its functions.
(b)  Employees of the authority are considered to be state employees.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.060. Conflict of Interest

Sec. 1232.060.  CONFLICT OF INTEREST.  (a)  An officer, employee, or paid consultant of a Texas trade association in the field of public finance may not be a member of the board or an employee of the authority who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(b)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of public finance may not be a member of the board and may not be an employee of the authority who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(c)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(d)  A person may not serve as a member of the board or act as the general counsel to the board or the authority if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the authority.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.061. Information on Responsibilities of Board Members and Employees

Sec. 1232.061.  INFORMATION ON RESPONSIBILITIES OF BOARD MEMBERS AND EMPLOYEES.  The executive director of the authority or the executive director's designee shall provide to members of the board and to authority employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.062. Separation of Policymaking and Management Responsibilities

Sec. 1232.062.  SEPARATION OF POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the authority.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.063. Equal Employment Opportunity

Sec. 1232.063.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The executive director of the authority or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the authority workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made about the extent of underuse in the authority workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.064. Career Ladder; Employee Performance Evaluations

Sec. 1232.064.  CAREER LADDER;  EMPLOYEE PERFORMANCE EVALUATIONS.  (a)  The executive director of the authority or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the authority.  The program shall require intra-agency posting of all positions concurrently with any public posting.
(b)  The executive director of the authority or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for authority employees must be based on the system established under this subsection.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.065. Compliance With Laws Relating to Accessibility

Sec. 1232.065.  COMPLIANCE WITH LAWS RELATING TO ACCESSIBILITY.  The authority shall comply with federal and state laws related to program and facility accessibility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.066. Board Authority

Sec. 1232.066.  BOARD AUTHORITY.  (a)  The board's authority under this chapter is limited to the financing of:
(1)  the acquisition or construction of a building;
(2)  the purchase or lease of equipment;
(3)  stranded costs of a municipal power agency; or
(4)  customer rate relief bonds approved by the Railroad Commission of Texas in accordance with Subchapter I, Chapter 104, Utilities Code.
(b)  The board's authority does not affect the authority of the commission or any other state agency.
(c)  Buildings and equipment financed by the authority under this chapter do not become part of other property to which they may be attached or into which they may be incorporated, without regard to whether the other property is real or personal.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.006(a), eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 2, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.067. General Powers

Sec. 1232.067.  GENERAL POWERS.  The board may:
(1)  exercise, to the extent practicable, all powers given to a corporation under the general laws of the state;
(2)  have perpetual succession by its corporate name;
(3)  sue and be sued in its corporate name;
(4)  adopt a seal for use as the board considers appropriate;
(5)  accept gifts;  and
(6)  adopt rules and perform all functions reasonably necessary for the board to administer its functions prescribed by this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.068. Eminent Domain

Sec. 1232.068.  EMINENT DOMAIN.  The authority may exercise the power of eminent domain for the purposes set forth in this chapter in connection with the acquisition or construction of a building that is authorized as provided by Section 1232.108.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.070. Information on Complaints

Sec. 1232.070.  INFORMATION ON COMPLAINTS.  (a)  The authority shall keep a file about each written complaint filed with the authority that the authority has authority to resolve.  The authority shall provide to the person filing the complaint and the persons complained about the authority's policies and procedures relating to complaint investigation and resolution.  The authority, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons complained about of the status of the complaint unless the notice would jeopardize an undercover investigation.
(b)  The authority shall keep information about each complaint filed with the authority.  The information must include:
(1)  the date the complaint is received;
(2)  the name of the complainant;
(3)  the subject matter of the complaint;
(4)  a record of all persons contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  for complaints for which the authority took no action, an explanation of the reason the complaint was closed without action.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.071. Relationship to Previous Board

Sec. 1232.071.  RELATIONSHIP TO PREVIOUS BOARD.  (a)  The Texas Public Finance Authority owns the property formerly owned by, and is the successor to each lease or rental contract entered into by, the Texas Public Building Authority created by Chapter 700, Acts of the 68th Legislature, Regular Session, 1983.
(b)  An obligation contracted or assumed by the Texas Public Building Authority with respect to a property or contract described by Subsection (a) is an obligation of the Texas Public Finance Authority.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.072. Sunset Provision

Sec. 1232.072.  SUNSET PROVISION.  The Texas Public Finance Authority is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the authority is abolished and this chapter expires September 1, 2029.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.13, eff. June 15, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 521 (H.B. 2251), Sec. 1, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 3.01, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.08, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter B. Texas Public Finance Authority › Section 1232.073. Negotiated Rulemaking and Alternative Dispute Resolution

Sec. 1232.073.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of authority rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the authority's jurisdiction.
(b)  The authority's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The authority shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 521 (H.B. 2251), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.101. Issuance of Bonds for Certain State Agencies

Sec. 1232.101.  ISSUANCE OF BONDS FOR CERTAIN STATE AGENCIES.  (a)  With respect to all bonds authorized to be issued by or on behalf of the Texas Military Department, Parks and Wildlife Department, Texas Agricultural Finance Authority, Texas Low-Level Radioactive Waste Disposal Authority, and Texas Southern University, the authority has the exclusive authority to act on behalf of those entities in issuing bonds on their behalf. In connection with those issuances and with the issuance of refunding bonds on behalf of those entities, the authority is subject to all rights, duties, and conditions surrounding issuance previously applicable to the issuing entity under the statute authorizing the issuance. A reference in an authorizing statute to the entity on whose behalf the bonds are being issued applies equally to the authority in its capacity as issuer on behalf of the entity.
(b)  Except as provided by Subsection (a), the authority may, under an agreement entered into with Texas State Technical College System or a general academic teaching institution as defined by Section 61.003, Education Code, act on behalf of Texas State Technical College System or a general academic teaching institution in issuing bonds on the system's or institution's behalf.  In connection with those issuances and with the issuance of refunding bonds on behalf of the system or those institutions, the authority is subject to all rights, duties, and conditions surrounding issuance previously applicable to the issuing system or institution under the statute authorizing the issuance.  A reference in an authorizing statute to the system or institution on whose behalf the bonds are being issued applies equally to the authority in its capacity as issuer on behalf of the system or institution.  An agreement under this subsection may provide for reimbursement to the authority for costs incurred in issuing bonds under the agreement.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 646, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1335 (S.B. 1724), Sec. 13, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 1.18, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 521 (H.B. 2251), Sec. 3, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 2.09, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 417 (H.B. 1522), Sec. 15, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.102. Issuance of Bonds for State Office Buildings

Sec. 1232.102.  ISSUANCE OF BONDS FOR STATE OFFICE BUILDINGS.  (a)  The board may issue and sell bonds in the name of the authority to finance the acquisition or construction of buildings. After receiving a request described by Section 2166.452, the board may issue bonds in amounts not exceeding the previously authorized amount of bonds plus five percent of the acquisition cost of the property, as described in the request.
(b)  The board shall promptly issue and sell bonds in the name of the authority under this chapter to finance the acquisition or construction of a building that has been authorized in accordance with this chapter or under Section 2166.452 or 2166.453.
(c)  The commission or other state agency involved in acquiring or constructing a building financed by bonds issued under this chapter shall accomplish its statutory authority as if the building were financed by legislative appropriation.  The board and the commission or other state agency involved in the acquisition or construction of a building shall adopt a memorandum of understanding that defines the division of authority between the board and the commission or other agency.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 646, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.1025. Issuance of Bonds for Military Facilities

Sec. 1232.1025.  ISSUANCE OF BONDS FOR MILITARY FACILITIES.  (a)  The board may issue and sell bonds in the name of the authority to finance the acquisition or construction of buildings to be used as state military forces facilities.
(b)  After receiving a request under Section 437.153, the board shall promptly issue and sell bonds in the name of the authority to provide the requested financing.
(c)  The adjutant general shall accomplish its statutory authority as if the property or building were financed by legislative appropriation.  The board and the adjutant general shall adopt a memorandum of understanding that defines the division of authority between the board and adjutant general.
(d)  On completion of the acquisition or construction, the adjutant general shall lease the building from the authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 1335 (S.B. 1724), Sec. 14, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 3.09, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.1026. Issuance of Bonds for Texas Bullion Depository Buildings

Sec. 1232.1026.  ISSUANCE OF BONDS FOR TEXAS BULLION DEPOSITORY BUILDINGS.  (a)  The board may issue and sell bonds in the name of the authority to finance the acquisition or construction of buildings to be used to operate the Texas Bullion Depository, including the acquisition of real property for that purpose.
(b)  The comptroller shall accomplish its statutory authority as if the property or building acquired or constructed under this section were funded by legislative appropriation.  The board and the comptroller shall adopt a memorandum of understanding that defines the division of authority between the board and comptroller regarding the property or building.
(c)  To accomplish the bond financing of the acquisition or construction of property or a building under this section, the comptroller shall contract with the authority to purchase the property or building from the authority under a lease-to-purchase agreement or other comparable financing agreement, as determined by the board and the comptroller to be in the best interest of the state.
Added by Acts 2021, 87th Leg., R.S., Ch. 981 (S.B. 2230), Sec. 1, eff. June 18, 2021.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.103. Issuance of Obligations for Equipment

Sec. 1232.103.  ISSUANCE OF OBLIGATIONS FOR EQUIPMENT.  (a)  The authority may issue and sell obligations for the financing of:
(1)  a lease or other agreement that concerns equipment that an executive or judicial branch state agency has purchased or leased or intends to purchase or lease;  or
(2)  a package of agreements described by Subdivision (1) that involves one or more state agencies.
(b)  An obligation issued by the authority is payable under an agreement that may be in the nature of:
(1)  a lease under which the authority leases equipment from a vendor for sublease to the commission or another state agency;
(2)  a purchase by the authority of equipment and the lease of that equipment to either:
(A)  the commission for the benefit of a state agency;  or
(B)  a state agency other than the commission;
(3)  a purchase by the authority of equipment and the sale of that equipment to a state agency on an installment payment basis;  or
(4)  any similar agreement.
(c)  If an agreement is between the authority and a state agency or between a vendor and a state agency, the commission shall nevertheless perform its functions as purchasing agent for the state, with the funds obtained under this section used solely to finance the agreement.  The board and the commission shall adopt a memorandum of understanding that defines the division of authority between the board and the commission.
(d)  A state agency may enter into a type of agreement described by this section to purchase or lease necessary equipment.
(e)  If a law requires a state agency to obtain the approval of another state agency or perform any other act before the agency may purchase or lease computer equipment, those requirements must be satisfied before the agency may enter into an agreement under this chapter.  The authority shall adopt rules so that computer equipment may not be financed before the authority receives written proof that the requirements have been satisfied.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.105. Aggregate Limit on Issuance of Obligations for Alternative Fuel Projects

Sec. 1232.105.  AGGREGATE LIMIT ON ISSUANCE OF OBLIGATIONS FOR ALTERNATIVE FUEL PROJECTS.  The authority may not issue and sell more than $50 million in obligations for projects under Section 1232.104.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.106. Evaluation of Application for Assistance With Alternative Fuel Projects

Sec. 1232.106.  EVALUATION OF APPLICATION FOR ASSISTANCE WITH ALTERNATIVE FUEL PROJECTS.  (a)  The comptroller shall evaluate an application by an eligible entity for the financing under Section 1232.104 of the acquisition, construction, or improvement of alternative fuels infrastructure and shall determine whether the proposed project will increase energy or cost savings to the applicant.
(b)  The authority may not issue an obligation under Section 1232.104 unless the comptroller certifies that the proposed project will increase energy or cost savings to the applicant.
(c)  The comptroller by rule may adopt procedures and standards for the evaluation of an application for the financing of a proposed project under Section 1232.104.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 9(d), eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.107. Purchase of Obligations for Alternative Fuel Projects

Sec. 1232.107.  PURCHASE OF OBLIGATIONS FOR ALTERNATIVE FUEL PROJECTS.  (a)  The authority may use the proceeds of obligations issued under Section 1232.104 to purchase, at a price determined by the authority, an obligation of an entity described by Section 1232.104(a) that evidences the entity's obligation to repay the authority.  Notwithstanding any other law, the authority may acquire an obligation of an entity described by Section 1232.104(a) in a private sale as provided by resolution or order of the governing body of the entity.
(b)  An entity described by Section 1232.104(a) may borrow from the authority by selling an obligation to the authority.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.108. Legislative Authorization Required

Sec. 1232.108.  LEGISLATIVE AUTHORIZATION REQUIRED.  Except as permitted by Section 1232.1072, 1232.109, 2166.452, or 2166.453, before the board may issue and sell bonds, the legislature by the General Appropriations Act or other law must have authorized:
(1)  the specific project for which the bonds are to be issued and sold; and
(2)  the estimated cost of the project or the maximum amount of bonded indebtedness that may be incurred by the issuance and sale of bonds for the project.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 4, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.109. Authorization to Purchase Certain Real Property

Sec. 1232.109.  AUTHORIZATION TO PURCHASE CERTAIN REAL PROPERTY.  (a)  Because there is a continued need to acquire real property in or in the immediate vicinity of state office building complexes for the continued operation of state government, because prices and values of real property periodically fluctuate, and because the state must be able to respond to rapidly changing market conditions to acquire real property at substantial savings to taxpayers, the commission may purchase and renovate real property located, in whole or in part, within 1,000 feet of:
(1)  the Capitol Complex in Travis County;  or
(2)  the John H. Winters Human Services Complex in Travis County.
(b)  The commission may contract as necessary to accomplish the purposes stated in Subsection (a).  The estimated cost of the project is $10 million.  Before purchasing property under this section, the commission must determine that the purchase would be in the state's best interest.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.110. Specific Projects

Sec. 1232.110.  SPECIFIC PROJECTS.  The board may issue bonds under Section 1232.102 for the following projects:
Project
Estimated Cost
State Board of Insurance Building in Travis County;  facilities associated with relocation of the State Aircraft Pooling Board (not to exceed an estimated amount of $7,000,000);  and the acquisition and development of acreage at Robert Mueller Municipal Airport for a state complex (not to exceed an estimated amount of $41,000,000)
$59,937,000
Laboratory and Office Facilities for the Texas Department of Health
$42,300,000
Parking facilities for state officers and employees to be built on state parking Lot 20 and for visitors to the Capitol Complex to be built on state parking Lot 17
$29,500,000
Construction or purchase and renovation of a building or buildings by the commission in Tarrant County
$10,000,000
Construction or purchase and renovation of a building or buildings by the commission in Harris County
$20,000,000
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 646, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.111. Certain Projects by Texas Department of Transportation

Sec. 1232.111.  CERTAIN PROJECTS BY TEXAS DEPARTMENT OF TRANSPORTATION.  (a)  The authority may issue and sell obligations to finance one or more projects described by Section 201.1055(a), Transportation Code.  Notwithstanding Section 1232.108(2), the estimated cost of the project must be specified in the General Appropriations Act or other law.
(b)  Any provision of this chapter that relates to the issuance or sale of obligations to finance the acquisition or construction of a building, including provisions relating to form, procedure, repayment, actions that may be taken to ensure that the payment of the principal of and interest on the obligations is continued without interruption, and other relevant matters, applies to the issuance or sale of obligations under this section to the extent that the provision may be appropriately made applicable.
(c)  The legislature may appropriate money from any available source, including the state highway fund, to the Texas Department of Transportation to make lease payments to the authority for space occupied by the department in a building acquired or constructed under Section 201.1055(a), Transportation Code.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.90, eff. June 14, 2005.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.1115. Certain Construction and Repair Projects and Equipment Purchases; General Obligation Bonds

Sec. 1232.1115.  CERTAIN CONSTRUCTION AND REPAIR PROJECTS AND EQUIPMENT PURCHASES;  GENERAL OBLIGATION BONDS.  (a)  The authority has the exclusive power to issue general obligation bonds under Section 50-f, Article III, Texas Constitution.  The board shall issue the bonds in a cumulative amount not to exceed $850 million for:
(1)  construction or repair projects in or outside Travis County that are administered by or on behalf of a state agency listed in Section 50-f, Article III, Texas Constitution, and authorized by the legislature in accordance with Section 1232.108;  or
(2)  the purchase of needed equipment by or on behalf of such an agency, and authorized by the legislature by the General Appropriations Act or other law.
(b)  The board shall provide for, issue, and sell the bonds in accordance with Section 50-f, Article III, Texas Constitution, and this chapter.  Proceeds from the sale of the bonds shall be invested as provided by this chapter.
(c)  Proceeds from the sale of the bonds may be spent on an authorized project or for the purchase of needed equipment only in accordance with the legislative appropriation of the proceeds.
Added by Acts 2001, 77th Leg., ch. 565, Sec. 1, eff. Nov. 6, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.1116. Certain Maintenance, Improvement, Repair, and Construction Projects; General Obligation Bonds

Text of section effective on Passage of SJR 65.
Sec. 1232.1116.  CERTAIN MAINTENANCE, IMPROVEMENT, REPAIR, AND CONSTRUCTION PROJECTS; GENERAL OBLIGATION BONDS.  (a)  The authority has the exclusive power to issue general obligation bonds under Section 50-g, Article III, Texas Constitution.  The board shall issue the bonds in a cumulative amount not to exceed $1 billion for:
(1)  maintenance, improvement, repair, and construction projects in or outside Travis County that are administered by or on behalf of a state agency listed in Section 50-g, Article III, Texas Constitution, and authorized by the legislature in accordance with Section 1232.108; or
(2)  the purchase of needed equipment by or on behalf of such an agency, and authorized by the legislature by the General Appropriations Act or other law.
(b)  The board shall provide for, issue, and sell the bonds in accordance with Section 50-g, Article III, Texas Constitution, and this chapter.  Proceeds from the sale of the bonds shall be invested as provided by this chapter.
(c)  Proceeds from the sale of the bonds may be spent on an authorized project or for the purchase of needed equipment only in accordance with the legislative appropriation of the proceeds.
Added by Acts 2007, 80th Leg., R.S., Ch. 1392 (S.B. 2033), Sec. 1.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.112. Bond Review Board Approval

Sec. 1232.112.  BOND REVIEW BOARD APPROVAL.  (a)  The authority may not issue obligations until the Bond Review Board has approved the issuance under Chapter 1231.
(b)  The Bond Review Board may not approve a bond issue unless a project analysis is submitted for approval as provided by Section 1232.114.
(c)  Refunding obligations of the authority must be approved by the Bond Review Board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.113. Obligation Issuance Orientation; Information to and From Client Agencies

Sec. 1232.113.  OBLIGATION ISSUANCE ORIENTATION;  INFORMATION TO AND FROM CLIENT AGENCIES.  (a)  In this section, "client agency" means a state agency on whose behalf the board may issue obligations.
(b)  The authority shall develop an orientation to the obligation issuance process for the authority's client agencies.
(c)  The orientation must include:
(1)  information explaining the obligation issuance process in plain language;  and
(2)  an orientation meeting to be held before the issuance process begins.
(d)  As part of the orientation, a client agency shall provide to the authority:
(1)  detailed information concerning the project for which obligations are to be issued;
(2)  a description of the legislative authority for the issuance of the obligations;  and
(3)  the names of employees of the client agency who are designated to work with the authority in connection with the project.
(e)  The authority shall prepare information of interest to the authority's client agencies describing the functions of the authority and the procedures by which complaints are filed with and resolved by the authority.  The authority shall make the information available to its client agencies.
(f)  The board by rule shall establish methods by which client agencies are notified of the name, mailing address, and telephone number of the authority for the purpose of directing complaints to the authority.  The board may provide for that notification on a form provided to a client agency during the orientation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.114. Project Analysis

Sec. 1232.114.  PROJECT ANALYSIS.  (a)  When the authority submits its application for approval of a bond issue to the Bond Review Board, the agency or institution that will use the project to be financed by the bonds shall submit to the Bond Review Board a project analysis of the project.  The project analysis must be in the form required for a project analysis requested from the commission under Sections 2166.151-2166.155.
(b)  This section does not apply to a minor renovation, repair, or construction project at a facility operated by the Texas Department of Criminal Justice for the imprisonment of individuals convicted of felonies other than state jail felonies, as defined by the department in cooperation with the commission.  Instead of submitting a project analysis, the department may substitute the master plan required to be submitted by Section 1401.121 if the master plan contains information substantially equivalent to the information required to be in a project analysis under Sections 2166.151-2166.155.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.085, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.115. Expenses Included in Principal Amount

Sec. 1232.115.  EXPENSES INCLUDED IN PRINCIPAL AMOUNT.  (a)  The principal amount of obligations may include amounts required to pay required reserve funds, capitalized interest, the authority's administrative costs, issuing expenses, and other expenses associated with the authority's issuance and sale of the obligations.
(b)  The principal amount of obligations issued to finance the purchase of computer equipment that is the subject of a contingent appropriation under Subchapter B, Chapter 317, must be sufficient to cover any payments of principal and interest that must occur during the remainder of the biennium after the obligations are issued.
(c)  Because of the expenses specified by Subsection (a) and because the cost estimates for acquisition, construction, repair, or renovation of a project cannot be finally determined at the time the project is authorized for financing, the principal amount of any issuance of obligations may be an amount not to exceed 150 percent of the amount of the estimated cost for the project being financed.
(d)  Costs and expenses authorized by this section may not be included in the principal amount unless the board finds that those costs and expenses are necessary and reasonable at the time the obligations are issued.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.008, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle B - Provisions Applicable to Securities Issued by State Government › Chapter 1232 - Texas Public Finance Authority › Subchapter C. Obligations › Section 1232.116. Manner of Repayment

Sec. 1232.116.  MANNER OF REPAYMENT.  (a)  The board may provide for the payment of the principal of and interest on obligations issued under this chapter:
(1)  by pledging all or part of the revenue derived from:
(A)  leasing a building or equipment to a state agency either directly or through the commission;  or
(B)  selling equipment on an installment basis to a state agency either directly or through the commission;  or
(2)  from any other funds lawfully available to the board.
(b)  From funds appropriated for paying rental charges or making installment payments on buildings or equipment, the commission or an occupying or using state agency shall pay to the board a rental or make installment payments on the buildings or equipment.
(c)  The board shall determine the amount of the rental or installment payments.  The amount must be sufficient to:
(1)  pay the principal of and interest on the obligations;
(2)  maintain any reserve fund required for servicing the obligations;  and
(3)  reimburse the authority for other costs incurred by it with respect to the obligations.
(d)  When the commission or another state agency is required by Subsection (b) to pay a rental to the authority and the commission or other state agency depends on receiving a rental from an occupying or using state agency to pay the authority, the commission or other state agency shall set the rental in an amount that is sufficient to pay the rental required by the board.
(e)  In addition to other sources of repayment provided by this section, the legislature by law may direct that money in the Texas capital trust fund account be used to pay the principal of and interest on bonds issued under this chapter for the acquisition or construction of a building.
(f)  The legislature may require the deposit into the Texas capital trust fund account of all or part of the proceeds of a transaction concerning a building.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.