reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle G - Specific Authority for State Government to Issue Securities › Chapter 1403 - General Obligation Bonds for Certain Border Colonia Projects › Section 1403.003. Set-Aside for Colonias Located in Rural Border Counties

Sec. 1403.003.  SET-ASIDE FOR COLONIAS LOCATED IN RURAL BORDER COUNTIES.  (a)  In this section:
(1)  "Border colonia" means a border colonia as defined by commission rule under Section 1403.002.
(2)  "Rural border county" means a county that:
(A)  has a population of less than 55,000;  and
(B)  is adjacent to an international border.
(3)  "Set-aside" means a reservation of a portion of the proceeds from the sale of general obligation bonds and notes under this chapter to provide financial assistance for specific colonia access roadway projects proposed by rural border counties.
(b)  The authority shall set aside an amount equal to 10 percent of the proceeds from each sale of general obligation bonds and notes under this chapter to provide financial assistance for colonia access roadway projects designed to pave roads serving border colonias located in rural border counties.
(c)  The authority, as directed by the Texas Department of Transportation, shall provide a grant from the set-aside on a priority basis to a rural border county that proposes to pave for the first time a road serving a border colonia located in that county.
Added by Acts 2003, 78th Leg., ch. 320, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle G - Specific Authority for State Government to Issue Securities › Chapter 1403 - General Obligation Bonds for Certain Border Colonia Projects › Section 1403.004. Use of Grants for Project Materials or Equipment

Sec. 1403.004.  USE OF GRANTS FOR PROJECT MATERIALS OR EQUIPMENT.  A grant under this chapter may be used to purchase any materials or to lease any equipment as reasonably necessary to accomplish the goal of the project.  Materials purchased as permitted by this section must be used solely in connection with the project.  Equipment leased as permitted by this section must be used substantially in connection with the project throughout the period of the applicable lease.
Added by Acts 2003, 78th Leg., ch. 320, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.001. Definitions

Sec. 1431.001.  DEFINITIONS.  In this chapter:
(1)  "Anticipation note" means a note issued under this chapter.
(2)  "Eligible countywide district" means a flood control district or a hospital district the boundaries of which are substantially coterminous with the boundaries of a county with a population of three million or more or a hospital district created in a county with a population of more than 1.2 million that was not included in the boundaries of a hospital district before September 1, 2003.
(3)  "Eligible school district" means an independent school district that has an average daily attendance of 190,000 or more as determined under Section 48.005, Education Code.
(4)  "Governing body" means the commissioners court of a county or the governing body of a municipality, eligible school district, or eligible countywide district authorized to issue anticipation notes on behalf of an issuer.
(5)  "Issuer" means a county, municipality, eligible school district, or eligible countywide district issuing an anticipation note.
(6)  "Public work" for an issuer that is a municipality or county has the meaning assigned by Section 271.043, Local Government Code.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 164 (S.B. 1107), Sec. 2, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.082, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 53, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1126 (H.B. 4082), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.002. Authority to Issue Anticipation Notes

Sec. 1431.002.  AUTHORITY TO ISSUE ANTICIPATION NOTES.  (a)  The commissioners court of a county by order, on the recommendation of the county auditor or the county budget officer, as applicable, or the governing body of an eligible countywide district may authorize the issuance of an anticipation note.
(b)  The governing body of a municipality by ordinance may authorize the issuance of an anticipation note.
(c)  The governing body of an eligible school district by order may authorize the issuance of an anticipation note.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.003. Additional Authority of Counties and Certain Municipalities

Sec. 1431.003.  ADDITIONAL AUTHORITY OF COUNTIES AND CERTAIN MUNICIPALITIES.  (a)  This section applies only to an issuer that is:
(1)  a county;
(2)  a municipality with a population of 80,000 or more;
(3)  an eligible school district;  or
(4)  an eligible countywide district.
(b)  Notwithstanding anything in this chapter to the contrary, the governing body may exercise the authority granted to the governing body of an issuer with regard to issuance of obligations under Chapter 1371, except that the prohibition in that chapter on the repayment of an obligation with ad valorem taxes does not apply to an issuer exercising the authority granted by this section.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.004. Uses of Anticipation Note Proceeds

Sec. 1431.004.  USES OF ANTICIPATION NOTE PROCEEDS.  (a)  An issuer, other than an eligible school district, may use the proceeds of an anticipation note to pay:
(1)  a contractual obligation incurred or to be incurred for:
(A)  the construction of a public work;
(B)  the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for the issuer's authorized needs and purposes;  or
(C)  a professional service, including a service by a tax appraisal engineer, engineer, architect, attorney, mapmaker, auditor, financial advisor, or fiscal agent;
(2)  operating or current expenses;  or
(3)  the issuer's cumulative cash flow deficit.
(b)  The governing body of an eligible school district may use the proceeds of an anticipation note to pay an obligation incurred or to be incurred for:
(1)  a purpose described by Subsection(a)(1)(C), (2), or (3);  or
(2)  the purchase of materials, supplies, equipment, or machinery for an issuer's authorized needs and purposes.
(c)  For the purposes of this section, the cumulative cash flow deficit is the amount by which the sum of an issuer's anticipated expenditures and cash reserve reasonably required to pay unanticipated expenditures exceeds the amount of the issuer's cash, marketable securities, and money in an account that may be used to pay an issuer's anticipated expenditures, other than:
(1)  money in an account the use of which is subject to legislative or judicial action or that is subject to a legislative, judicial, or contractual requirement that the account be reimbursed;  or
(2)  the proceeds of an anticipation note.
(d)  For the purposes of Subsection (c), an amount equal to one month's anticipated expenditures is presumed to be reasonably required as a cash reserve.
(e)  An issuer, other than an eligible school district, may use the proceeds of an anticipation note or other obligation issued under Section 1431.015:
(1)  for purposes described by Subsection (a); or
(2)  to pay for:
(A)  employee salaries;
(B)  the lease of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for the issuer's authorized needs and purposes;
(C)  the demolition of dangerous structures or the restoration of historic structures;
(D)  economic development grants made under Chapter 380, Local Government Code; or
(E)  the accomplishment of any other purpose the issuer considers necessary in relation to preserving or protecting the public health and safety.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.005. General Limitation

Sec. 1431.005.  GENERAL LIMITATION.  An issuer may not use proceeds of an anticipation note to repay interfund or other borrowing that occurred earlier than 24 months before the date of the ordinance or order authorizing the issuance of the note.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.006. Limitation on Notes to Pay Expenses

Sec. 1431.006.  LIMITATION ON NOTES TO PAY EXPENSES.  (a)  Anticipation notes issued for the purposes described by Section 1431.004(a)(2) may not, in the fiscal year in which the attorney general approves the notes:
(1)  for a municipality, exceed 75 percent of the revenue or taxes anticipated to be collected in that year;
(2)  for a county or an eligible countywide district, exceed 50 percent of the revenue or taxes anticipated to be collected in that year;  or
(3)  for an eligible school district, exceed 75 percent of the income of the district for the fiscal year preceding that year.
(b)  This section does not apply to an anticipation note or other obligation issued under Section 1431.015.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.007. General Sources of Payment

Sec. 1431.007.  GENERAL SOURCES OF PAYMENT.  (a)  Except as provided by Subsection (b), a governing body may:
(1)  provide that anticipation notes be paid from and secured by revenue, taxes, a combination of revenue and taxes, or the proceeds of bonds to be issued by the issuer;  and
(2)  pledge to the payment of anticipation notes revenue, taxes, a combination of revenue and taxes, or the proceeds of bonds to be issued by the issuer.
(b)  The governing body of a flood control district operating as a conservation and reclamation district that issues anticipation notes for one or more purposes described in Section 1431.004(a)(1) may:
(1)  provide that the anticipation notes be paid from and secured by revenue or the proceeds of bonds to be issued by the issuer;  and
(2)  pledge to the payment of the anticipation notes revenues or the proceeds of bonds to be issued by the issuer.
(c)  A governing body issuing an anticipation note or other obligation under Section 1431.015 may:
(1)  provide that the anticipation note or other obligation be paid from and secured by any revenue, including sales taxes, other taxes, a combination of nontax and tax revenue, the proceeds of bonds to be issued by the issuer, and reimbursements or other funds to be received from the Federal Emergency Management Agency or any other state or federal agency reimbursing or providing funds to the issuer for costs incurred as a result of the emergency; and
(2)  pledge to the payment of the anticipation note or other obligation any revenue, including sales taxes, other taxes, a combination of nontax and tax revenue, the proceeds of bonds to be issued by the issuer, and reimbursements or other funds to be received from the Federal Emergency Management Agency or any other state or federal agency reimbursing or providing funds to the issuer for costs incurred as a result of the emergency.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 6, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 270, Sec. 2, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 3, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.008. Ad Valorem Taxes as Source of Payment

Sec. 1431.008.  AD VALOREM TAXES AS SOURCE OF PAYMENT.  (a)  A governing body may not issue anticipation notes that are payable from bonds secured by an ad valorem tax unless the proposition authorizing the issuance of the bonds:
(1)  is approved by a majority of the votes cast in an election held by the issuer;  and
(2)  states that anticipation notes may be issued.
(b)  A governing body that pledges to the payment of anticipation notes an ad valorem tax to be imposed in a subsequent fiscal year shall impose the tax in the ordinance or order that authorizes the issuance of the notes.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.009. Maturity

Sec. 1431.009.  MATURITY.  (a)  Except as provided by Subsection (b) or (e), an anticipation note issued for a purpose described by Section 1431.004(a)(1) or (b)(2) must mature before the seventh anniversary of the date that the attorney general approves the note.
(b)  An anticipation note issued by a county with a population of three million or more, an eligible countywide district, or an eligible school district for a purpose described by Section 1431.004(a)(1) or (b)(2) must mature before the 15th anniversary of the date that the attorney general approves the note.
(c)  Except as provided by Subsection (e), an anticipation note issued for a purpose described by Section 1431.004(a)(2) or (3) must mature before the first anniversary of the date that the attorney general approves the note.
(d)  A bond issued under Chapter 1207 to refund an anticipation note issued by a county, municipality, or eligible countywide district for a purpose described by Section 1431.004(a)(1) or by an eligible school district for a purpose described by Section 1431.004(a)(1)(C) or (b)(2) is subject to the limitation on maturity provided by Section 1207.006 and not the limitation provided by Subsection (a).
(e)  An anticipation note or other obligation issued under Section 1431.015 for any authorized purpose must mature before the 10th anniversary of the date the attorney general approves the note or other obligation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 4, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.010. Sale of Notes

Sec. 1431.010.  SALE OF NOTES.  A governing body may sell an anticipation note at public or private sale for cash.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.011. Attorney General Approval of Certain Notes

Sec. 1431.011.  ATTORNEY GENERAL APPROVAL OF CERTAIN NOTES.  Chapter 1371 governs approval by the attorney general of anticipation notes issued under Section 1431.003.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.012. Restriction on Certain Contracts Payable From Proceeds of Notes

Sec. 1431.012.  RESTRICTION ON CERTAIN CONTRACTS PAYABLE FROM PROCEEDS OF NOTES.  (a)  Except as provided by Subsection (b), a county must comply with the competitive bidding requirements of Subchapter C, Chapter 271, Local Government Code, in connection with a contract to be paid from the proceeds of anticipation notes issued for a purpose described by Section 1431.004(a)(1)(A).
(b)  Competitive bidding requirements do not apply to an anticipation note or other obligation issued under Section 1431.015 for any authorized purpose.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 5, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.013. Conflict With Other Laws

Sec. 1431.013.  CONFLICT WITH OTHER LAWS.  If there is a conflict between this chapter and another statute:
(1)  an issuer may act under either;  and
(2)  the governing body is not required to specify the law under which the action is taken.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.014. Certain Notes for Rural Economic Development

Sec. 1431.014.  CERTAIN NOTES FOR RURAL ECONOMIC DEVELOPMENT.  (a)  Notwithstanding any other provision of this chapter, an issuer participating in a rural economic development program established by the Texas Agricultural Finance Authority may sell to the authority an anticipation note issued for a purpose described by Section 1431.004(a)(1), provided that the note matures before the 30th anniversary of the date the note is issued.
(b)  Anticipation notes issued by a single issuer under this section in an aggregate original principal amount of not more than $500,000 are not subject to the approval requirements of Section 1431.011 or Chapter 1202.
(c)  An issuer may issue anticipation notes under this section for the same purpose not more than once in any 12-month period.
Added by Acts 2001, 77th Leg., ch. 152, Sec. 1, eff. May 16, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.015. Certain Notes or Other Obligations for Emergency Financing

Sec. 1431.015.  CERTAIN NOTES OR OTHER OBLIGATIONS FOR EMERGENCY FINANCING.  (a)  In this section, "emergency" means the occurrence of widespread or severe damage, injury, or loss of life or property affecting an area in the jurisdiction of an issuer and resulting from a hurricane or tropical storm, including wind damage, fire damage, damage from wave action, or flood damage resulting from the hurricane or tropical storm.
(b)  Notwithstanding any other provision of this chapter or a rating requirement prescribed by Chapter 1371, an issuer located within 70 miles of the Gulf of Mexico or of a bay or inlet of the gulf may authorize the issuance of an anticipation note or other obligation in the event of an emergency.  An anticipation note or other obligation issued under this section is an obligation under Chapter 1371, but is not required to be rated as required by that chapter.
(c)  The issuer shall deliver to the attorney general, in accordance with Section 1431.017, a transcript of proceedings related to the issuance of an anticipation note or other obligation issued under this section. However, before delivery of an anticipation note or other obligation issued under this section:
(1)  the governor must have issued an executive order or proclamation under Chapter 418 declaring a state of disaster and designating the area affected by the emergency;
(2)  the governing body acting through its presiding officer under Chapter 418 must have declared a local state of disaster designating the area affected by the emergency; or
(3)  the governor must have proclaimed  under Chapter 433 a state of emergency designating the area affected by the emergency.
Added by Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 6, eff. June 15, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1013 (H.B. 3097), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.016. Conflicts With Municipal Charter

Sec. 1431.016.  CONFLICTS WITH MUNICIPAL CHARTER.  To the extent of a conflict between a municipal charter and any provision of this chapter relating to an anticipation note or other obligation issued under Section 1431.015, this chapter controls.
Added by Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1431 - Anticipation Notes › Section 1431.017. Attorney General Review

Sec. 1431.017.  ATTORNEY GENERAL REVIEW.  Following authorization of an anticipation note or other obligation under Section 1431.015, the issuer shall submit to the attorney general a transcript of proceedings related to issuance of the anticipation note or other obligation and provide preliminary approval and fulfill other requirements relating to the issuance of the anticipation note or other obligation.  On the occurrence of an emergency affecting the issuer, the attorney general shall expeditiously review and approve delivery of the anticipation note or other obligation subject to the issuer's compliance with preliminary approval requirements.
Added by Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 6, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.001. Applicability of Chapter

Sec. 1432.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter applies only to a local government that has all or most of its territory located in a county with a population of more than 1.3 million.
(b)  Two or more local governments may act jointly under this chapter if:
(1)  each local government is individually authorized to act under this chapter;
(2)  all or most of the territory of each local government is located in the same county or in adjacent counties;  and
(3)  the local governments act jointly to perform each official act.
(c)  Local governments acting jointly may perform any act that a single local government may perform under this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 24, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.002. Definitions

Sec. 1432.002.  DEFINITIONS.  In this chapter:
(1)  "Bond authorization" means an ordinance of the governing body of a municipality, a resolution of the board of trustees of an independent school district, or an order of the commissioners court of a county that authorizes the issuance of bonds.
(2)  "Local government" means a county, a municipality, or an independent school district.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.003. Authority for Sports Centers

Sec. 1432.003.  AUTHORITY FOR SPORTS CENTERS.  (a)  A local government may construct, acquire, lease, improve, enlarge, and operate one or more facilities used for sporting activities or events, including auxiliary facilities such as parking areas or restaurants.
(b)  A local government may contract with any public or private entity, including a coliseum advisory board or similar body, to perform any function authorized under this chapter other than an official governmental act that must be performed by the governing body of a local government.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.004. Authority to Issue Revenue Bonds

Sec. 1432.004.  AUTHORITY TO ISSUE REVENUE BONDS.  The governing body of a local government may issue revenue bonds for a purpose authorized by Section 1432.003.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.005. Pledge of Revenue

Sec. 1432.005.  PLEDGE OF REVENUE.  A local government may pledge all or part of the revenue, income, or receipts from a facility authorized by this chapter to the payment of bonds, including principal, interest, and any other amounts required or permitted in connection with the bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.006. Additional Security

Sec. 1432.006.  ADDITIONAL SECURITY.  (a)  Bonds issued under this chapter may be additionally secured by:
(1)  an encumbrance on any real property relating to a facility authorized by this chapter owned or to be acquired by the local government;
(2)  an encumbrance on any personal property appurtenant to that real property;  or
(3)  a pledge of any portion of any grant, donation, revenue, or income received or to be received from the United States or any other public or private source.
(b)  The governing body of the local government may authorize the execution of a trust indenture, mortgage, deed of trust, or other instrument as evidence of the encumbrance.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.007. Bonds Not Payable From Taxes

Sec. 1432.007.  BONDS NOT PAYABLE FROM TAXES.  A holder of a bond issued under this chapter is not entitled to demand payment of the bond from money raised by taxation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.008. Maturity

Sec. 1432.008.  MATURITY.  A bond issued under this chapter must mature not later than 40 years after its date.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.009. Additional Bonds

Sec. 1432.009.  ADDITIONAL BONDS.  The bond authorization may provide for the subsequent issuance of additional parity bonds or subordinate lien bonds under terms specified in the authorization.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.010. Sale of Bonds

Sec. 1432.010.  SALE OF BONDS.  A local government may sell bonds issued under this chapter in the manner and under the terms provided by the bond authorization.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.011. Review and Approval of Contracts Relating to Bonds

Sec. 1432.011.  REVIEW AND APPROVAL OF CONTRACTS RELATING TO BONDS.  (a)  If bonds issued under this chapter state that they are secured by a pledge of revenue or rents from a contract, including a lease contract, a copy of the contract and the proceedings related to it must be submitted to the attorney general.
(b)  If the attorney general finds that the bonds have been authorized and the contract has been made in accordance with law, the attorney general shall approve the contract.
(c)  After the bonds are approved and registered as provided by Chapter 1202 and the contract is approved under Subsection (b), the contract is incontestable in a court or other forum for any reason and is a valid and binding obligation for all purposes in accordance with its terms.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.012. Charges

Sec. 1432.012.  CHARGES.  (a)  The governing body of a local government may impose and collect charges for the use or availability of a facility authorized by this chapter.
(b)  A local government shall impose and collect pledged charges in an amount that will be at least sufficient, with any other pledged resources, to provide for the payment of:
(1)  the principal of, interest on, and any other amounts required in connection with the bonds;  and
(2)  to the extent required by the bond authorization:
(A)  expenses incurred in connection with the bonds;  and
(B)  operation, maintenance, and other expenses incurred in connection with the facility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.013. Refunding Bonds

Sec. 1432.013.  REFUNDING BONDS.  (a)  A local government may refund or otherwise refinance bonds issued under this chapter by issuing refunding bonds under any terms provided by a bond authorization.
(b)  All appropriate provisions of this chapter apply to the refunding bonds.  The refunding bonds shall be issued in the manner provided by this chapter for other bonds.
(c)  The refunding bonds may be sold and delivered in amounts sufficient to pay the principal of and interest and any redemption premium on the bonds to be refunded, at maturity or on any redemption date.
(d)  The refunding bonds may be issued to be exchanged for the bonds to be refunded by them.  In that case, the comptroller shall register the refunding bonds and deliver them to the holder of the bonds to be refunded as provided by the bond authorization.  The exchange may be made in one delivery or in installment deliveries.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.014. Public Purpose

Sec. 1432.014.  PUBLIC PURPOSE.  The acquisition, construction, improvement, enlargement, equipment, operation, and maintenance of a facility authorized by this chapter is a public purpose and a proper function of a local government.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1432 - Bonds for Local Government Sports Centers › Section 1432.015. Conflict or Inconsistency With Other Law

Sec. 1432.015.  CONFLICT OR INCONSISTENCY WITH OTHER LAW.  When bonds are issued under this subchapter, to the extent of any conflict or inconsistency between this chapter and another law, this chapter controls.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.001. Short Title

Sec. 1433.001.  SHORT TITLE.  This chapter may be cited as the Act for Development of Employment, Industrial, and Health Resources.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.002. Definitions

Sec. 1433.002.  DEFINITIONS.  In this chapter:
(1)  "Department" means the Texas Department of Economic Development.
(2)  "District" means a conservation and reclamation district established under Section 59, Article XVI, or Section 52, Article III, Texas Constitution.
(3)  "Governing body" means the commissioners court of a county or the governing body of a municipality or district.
(4)  "Industrial project" means the land, buildings, equipment, facilities, and improvements found by the governing body to be required or suitable for the promotion of industrial development and for use by manufacturing or industrial enterprise, regardless of whether the land, buildings, equipment, facilities, and improvements are in existence when or are to be acquired or constructed after the finding is made.
(5)  "Issuer" means a municipality, county, or district.
(6)  "Medical project" means the land, buildings, equipment, facilities, and improvements found by the governing body to be required for public health, research, and medical facilities located in this state, regardless of whether the land, buildings, equipment, facilities, and improvements are in existence when or are to be acquired or constructed after the finding is made.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.003. Applicability of Chapter to Municipalities

Sec. 1433.003.  APPLICABILITY OF CHAPTER TO MUNICIPALITIES.  This chapter applies to a municipality only if the municipality:
(1)  has the power to impose an ad valorem tax of not less than $1.50 on each $100 valuation of taxable property in the municipality;  or
(2)  is a home-rule municipality.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.004. Cost of Project

Sec. 1433.004.  COST OF PROJECT.  For purposes of this chapter, the cost of an industrial project or medical project is:
(1)  the cost of acquisitions for the project, including the cost of the acquisition of all land, rights-of-way, property rights, easements, and interests acquired for the construction;
(2)  the cost of all machinery and equipment;
(3)  financing charges;
(4)  interest accruing before and during construction and until the first anniversary of the date on which the construction is completed;
(5)  the cost of estimates, including estimates of revenue, engineering and legal services, plans, specifications, surveys, and other expenses necessary or incident to determining the feasibility and practicability of constructing the project;
(6)  administrative expenses;  and
(7)  other expenses that are necessary or incident to the acquisition of the project, the financing of the acquisition, and the placing of the project in operation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.005. Ultimate Lessee

Sec. 1433.005.  ULTIMATE LESSEE.  For purposes of this chapter, an ultimate lessee is the person, firm, corporation, or company that leases an industrial project or medical project from the lessee of the project.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.006. Correction of Invalid Procedures

Sec. 1433.006.  CORRECTION OF INVALID PROCEDURES.  If a court holds that any procedure under this chapter violates the constitution of this state or the United States, the issuer by resolution may provide an alternative procedure that conforms with the constitution.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.007. Relocation or Alteration Expense

Sec. 1433.007.  RELOCATION OR ALTERATION EXPENSE.  If a municipality, county, district, or other political subdivision, in the exercise of a power under this chapter, including the power of relocation, makes necessary the relocation or rerouting of, or alteration of the construction of, a highway, railroad, electric transmission line, telegraph or telephone property or facility, or pipeline, the relocation or rerouting or alteration of construction must be accomplished at the sole expense of the political subdivision.  In this section, "sole expense" means the actual cost of the relocation or rerouting or alteration of construction to provide comparable replacement without enhancement of the facility, after deduction of the net salvage value derived from the old facility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter A. General Provisions › Section 1433.008. Use of State Money

Sec. 1433.008.  USE OF STATE MONEY.  (a)  The legislature may not appropriate money to pay all or a part of the obligation of an issuer under this chapter.
(b)  The department shall pay any expense it incurs under this chapter from money appropriated to the department.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter B. Powers of Issuer › Section 1433.021. Acquisition of Project; Disposition

Sec. 1433.021.  ACQUISITION OF PROJECT;  DISPOSITION.  (a)  An issuer may acquire, by construction, purchase, devise, gift, or lease or by more than one of those methods, an industrial project or medical project that is located in this state and at least a part of which is located within the issuer's territorial limits.
(b)  For an issuer that is a municipality, an industrial project or medical project may be located outside the municipality's territorial limits if the project is within the municipality's extraterritorial jurisdiction as determined under Subchapter B, Chapter 42, Local Government Code.
(c)  An issuer may sell and convey all or any part of property acquired under this section and make an order relating to the sale or conveyance that the issuer considers conducive to the best interest of the issuer.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter B. Powers of Issuer › Section 1433.022. Limitations on Acquisitions

Sec. 1433.022.  LIMITATIONS ON ACQUISITIONS.  (a)  An issuer may not acquire an industrial project, or any part of an industrial project, by eminent domain.
(b)  Land previously acquired by an issuer by eminent domain may be sold, leased, or otherwise used in accordance with this chapter, if the governing body determines that:
(1)  the use will not interfere with the purpose for which that land was originally acquired or that the land is no longer needed for that purpose;
(2)  at least seven years have elapsed since the land was acquired by eminent domain;  and
(3)  the land was not acquired for park purposes unless the sale or lease of that land has been approved at an election held under Section 1502.055.
(c)  An issuer may not acquire or construct an industrial project or medical project for an individual, firm, partnership, or corporation, or make or authorize a lease to an individual, firm, partnership, or corporation if the effect of the lease of that project is to remove the lessee's business from existing facilities in this state.
(d)  An issuer may not issue bonds to acquire existing facilities for the purpose of leasing those facilities to the industrial concern from which the facilities are acquired or to another person controlled by the industrial concern.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 31, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter B. Powers of Issuer › Section 1433.023. Authority to Issue Revenue Bonds

Sec. 1433.023.  AUTHORITY TO ISSUE REVENUE BONDS.  (a)  Except as provided by Subsection (b), an issuer may issue revenue bonds to pay all or a part of the cost of acquiring, constructing, enlarging, or improving an industrial project, including a project in an enterprise zone designated under Chapter 2303, or a medical project.
(b)  A district may not authorize revenue bonds for a medical project.
(c)  An issuer may secure the payment of the bonds as provided 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 H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter B. Powers of Issuer › Section 1433.024. Lease of Project

Sec. 1433.024.  LEASE OF PROJECT.  (a)  An issuer may, in accordance with this chapter, lease any or all of the issuer's industrial projects and medical projects.
(b)  An issuer may lease property under this chapter only to a corporation organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter B. Powers of Issuer › Section 1433.025. Advertising for Certain Contracts; Performance and Payment Bonds

Sec. 1433.025.  ADVERTISING FOR CERTAIN CONTRACTS;  PERFORMANCE AND PAYMENT BONDS.  (a)  A contract for construction or purchase under this chapter involving the expenditure of more than $2,000 may be made only after advertising in the manner provided by Chapter 252, Local Government Code, or Subchapter C, Chapter 262, Local Government Code, as applicable.
(b)  The provisions of Chapter 2253 relating to performance and payment bonds apply to construction contracts let by the issuer.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 9 - Public Securities › Subtitle H - Specific Authority for More Than One Type of Local Government to Issue Securities › Chapter 1433 - Bonds for Development of Employment, Industrial, and Health Resources › Subchapter B. Powers of Issuer › Section 1433.026. Prohibited Operations

Sec. 1433.026.  PROHIBITED OPERATIONS.  An issuer may not operate an industrial project as a business or in any manner other than as the lessor of the project.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.