reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter B. Creation and Operation › Section 293.032. Power of County

Sec. 293.032.  POWER OF COUNTY.  (a)  A county may acquire and sell or lease to the authority land that the commissioners court determines is needed for the project.  The sale or lease may be for the consideration that the commissioners court, after considering that the project is for the primary benefit of the county, determines is reasonable.
(b)  The county may:
(1)  lease property from the authority as is necessary or convenient and as is in the best interest of the county;
(2)  pay the authority, at a bank designated by the authority, an annual rent determined by the lease;  and
(3)  levy a tax sufficient to pay the rent as it comes due.
(c)  Without limitation by Subsections (a) and (b), a county may do all things necessary or convenient to accomplish the objectives of this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter B. Creation and Operation › Section 293.033. Provision of Facilities by County

Sec. 293.033.  PROVISION OF FACILITIES BY COUNTY.  This chapter does not alter the authority of the commissioners court to provide county facilities that the commissioners court considers necessary for the convenience of the people in populated areas.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter B. Creation and Operation › Section 293.034. Transfer of Assets to County; Dissolution

Sec. 293.034.  TRANSFER OF ASSETS TO COUNTY;  DISSOLUTION.  On payment of all of its indebtedness, the authority shall convey all of its assets to the county, without cost to the county.  On this conveyance, the authority is dissolved.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter C. Funding › Section 293.051. Revenue Bonds

Sec. 293.051.  REVENUE BONDS.  (a)  The authority may issue negotiable revenue bonds to provide funds to carry out its purposes.
(b)  The bonds must:
(1)  be authorized by a board resolution;
(2)  be authorized by an election that is:
(A)  called by a resolution of the board;
(B)  held throughout the authority;  and
(C)  called, held, and publicized in the manner provided by Chapter 1251, Government Code;
(3)  be signed by the board president or vice-president and countersigned by the board secretary, either by actual or printed facsimile signature;
(4)  include the authority seal;
(5)  mature serially or otherwise in 40 years or less;
(6)  be payable from and secured by a pledge of net revenues from ownership or operation of authority property;  and
(7)  be sold at a price and under terms that the board considers the most advantageous and the most reasonably obtainable.
(c)  The bonds may:
(1)  be secured, in addition to the security prescribed in Subsection (b)(6), by a mortgage or deed of trust on authority real or personal property;
(2)  bear interest at a rate not to exceed the interest rate prescribed by Chapter 1204, Government Code;
(3)  be made callable before maturity at the times and prices prescribed in the bond resolution;  and
(4)  be made registrable as to principal, interest, or both.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.308, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter C. Funding › Section 293.052. Junior Lien Bonds; Parity Bonds

Sec. 293.052.  JUNIOR LIEN BONDS;  PARITY BONDS.  (a)  The authority may issue bonds constituting a junior lien on net revenues or property of the authority unless prohibited by the bond resolution or trust indenture.
(b)  The authority may issue parity bonds under conditions specified in the bond resolution or trust indenture.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter C. Funding › Section 293.053. Examination and Approval

Sec. 293.053.  EXAMINATION AND APPROVAL.  (a)  After the authority authorizes bonds, including refunding bonds, it shall submit the bonds and the record relating to their issuance to the attorney general.  If the bonds purport to be secured by a pledge of proceeds of an existing lease with the county or another governmental agency, a copy of the lease contract and the proceedings of the governmental authority authorizing the lease shall also be submitted.
(b)  The attorney general shall examine the submitted documents and shall approve the bonds and the lease contract, if any, if they are determined to be valid.  On approval of the attorney general, the comptroller of public accounts shall register the bonds.
(c)  On approval and registration of the bonds under this section, the bonds and the lease contract, if any, are valid, binding, and incontestable.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter C. Funding › Section 293.054. Legal and Authorized Investments

Sec. 293.054.  LEGAL AND AUTHORIZED INVESTMENTS.  (a)  Authority bonds are legal and authorized investments for a bank, savings bank, trust company, savings and loan association, insurance company, fiduciary, trustee, or guardian, or a sinking fund of a municipality, county, school district, or political subdivision of the state.
(b)  Authority bonds may secure deposits of public funds of the state, a municipality, a county, a school district, or another political corporation or subdivision of the state.  The bonds may provide this security in an amount up to their value, if all unmatured coupons, if any, are attached.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter C. Funding › Section 293.055. Refunding Bonds

Sec. 293.055.  REFUNDING BONDS.  (a)  The authority may issue bonds for the purpose of refunding outstanding bonds.  Refunding bonds may be issued in the manner provided by this chapter for the issuance of other bonds, except that an election is not required.
(b)  The comptroller may exchange the refunding bonds for the outstanding bonds or the authority may sell the refunding bonds and apply the proceeds according to Subchapter B or C, Chapter 1207, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.309, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle B - County Public Buildings › Chapter 293 - County Building Authority Act › Subchapter C. Funding › Section 293.056. Initial Interest

Sec. 293.056.  INITIAL INTEREST.  The board may set aside the following money from the proceeds from the sale of bonds:
(1)  money necessary to pay interest on the bonds for not more than two years;  and
(2)  money that the board estimates to be necessary to pay the authority's operating expenses for its first year of operation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.001. Authority to Establish Recreational or Cultural Facility

Sec. 301.001.  AUTHORITY TO ESTABLISH RECREATIONAL OR CULTURAL FACILITY.  (a)  In this chapter, "recreational or cultural facility" means an auditorium, civic center, convention center, or exposition center.
(b)  The commissioners court of a county and the governing body of a municipality in that county may jointly erect, acquire, equip, maintain, and operate a recreational or cultural facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.002. Financing of Recreational or Cultural Facility

Sec. 301.002.  FINANCING OF RECREATIONAL OR CULTURAL FACILITY.  The recreational or cultural facility may be financed out of the general revenues of the county and the municipality in proportions that the commissioners court of the county and the governing body of the municipality decide are appropriate.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.003. Delegation of Authority to Board of Managers; Donations

Sec. 301.003.  DELEGATION OF AUTHORITY TO BOARD OF MANAGERS;  DONATIONS.  (a)  The commissioners court of the county and the governing body of the municipality, by resolution or other proper action, may delegate to a board of managers the authority to acquire land for a recreational or cultural facility by purchase or lease and to erect, maintain, and equip a recreational or cultural facility.
(b)  The board, for the benefit of the recreational or cultural facility, may accept gifts and bequests on behalf of the county and municipality and may borrow, receive, exchange, sell, and lend property.  If a donor specifies a purpose for a gift or loan, the board shall use the gift or loan for that purpose.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.004. Composition and Terms of Office of Board of Managers

Sec. 301.004.  COMPOSITION AND TERMS OF OFFICE OF BOARD OF MANAGERS.  (a)  The board of managers must consist of seven members.  The commissioners court of the county and the governing body of the municipality shall each appoint three members and shall jointly appoint one member.
(b)  The members of the board are appointed for staggered terms of two years with the terms of two members appointed by the commissioners court and two members appointed by the governing body of the municipality expiring on February 1 of each odd-numbered year and the remaining terms expiring on February 1 of each even-numbered year.
(c)  When the commissioners court or the governing body of the municipality makes its initial appointments to the board, it shall designate two of the members it appoints for terms expiring on the first February 1 of an odd-numbered year that follows the date of the appointments.  The remaining appointments shall be designated for terms that expire on the first February 1 of an even-numbered year that follows the date of the appointments.
(d)  A vacancy on the board shall be filled for the unexpired part of the term in the same manner that the original appointment was made.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.005. Chairman and Other Officers

Sec. 301.005.  CHAIRMAN AND OTHER OFFICERS.  Each year the board shall elect a chairman.  The chairman shall preside over board meetings and shall sign the contracts, agreements, and other instruments made by the board on behalf of the county and the municipality.  The board may elect other officers.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.006. Authority of Board to Contract

Sec. 301.006.  AUTHORITY OF BOARD TO CONTRACT.  The board may make any contract connected with or incidental to establishing, equipping, maintaining, or operating the recreational or cultural facility and may expend funds set aside by the county and the municipality for purposes connected with operating and maintaining the recreational or cultural facility. However, the board may not bind the county or the municipality to make an expenditure of funds not specifically appropriated by the county or the municipality for the benefit of the recreational or cultural facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.007. Financial Statement and Budget

Sec. 301.007.  FINANCIAL STATEMENT AND BUDGET.  (a)  Each year the board shall prepare and present to the commissioners court of the county and the governing body of the municipality a complete financial statement about the condition of the recreational or cultural facility and a proposed budget for the anticipated financial needs of the recreational or cultural facility for the next year.
(b)  On the basis of the financial statement and budget, the commissioners court of the county and the governing body of the municipality may appropriate to the board an amount of money that the commissioners court of the county and the governing body of the municipality consider proper and necessary for the operation of the recreational or cultural facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 301 - Recreational and Cultural Facilities Jointly Established by Counties and Municipalities › Section 301.008. Personnel

Sec. 301.008.  PERSONNEL.  The board may employ a superintendent or manager of the recreational or cultural facility. The superintendent or manager, with the consent of the board, may employ permanent or temporary personnel that are necessary for the maintenance and operation of the recreational or cultural facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 483, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 302 - Energy Savings Performance Contracts for Local Governments › Section 302.002. Energy Savings Performance Contracts

Sec. 302.002.  ENERGY SAVINGS PERFORMANCE CONTRACTS.  (a)  The governing body of a local government may enter into an energy savings performance contract in accordance with this chapter.
(b)  Each energy or water conservation or usage measure must comply with current local, state, and federal construction, plumbing, and environmental codes and regulations.  Notwithstanding Section 302.001, an energy savings performance contract may not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of nonpotable usage over which public water supply system officials do not have sanitary control to be returned to the potable water supply.
Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997.  Amended by Acts 2001, 77th Leg., ch. 573, Sec. 6, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1319, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1310, Sec. 79, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 5, eff. June 16, 2007.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 302 - Energy Savings Performance Contracts for Local Governments › Section 302.003. Payment and Performance Bond

Sec. 302.003.  PAYMENT AND PERFORMANCE BOND.  Notwithstanding any other law, before entering into an energy savings performance contract, the governing body of the local government shall require the provider of the energy or water conservation or usage measures to file with the governing body a payment and performance bond relating to the installation of the measures in accordance with Chapter 2253, Government Code.  The governing body may also require a separate bond to cover the value of the guarantee.
Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997.  Amended by Acts 2001, 77th Leg., ch. 573, Sec. 6, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1319, Sec. 5, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1310, Sec. 80, 121(23), eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 6, eff. June 16, 2007.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 302 - Energy Savings Performance Contracts for Local Governments › Section 302.004. Method of Financing; Terms of Contract

Sec. 302.004.  METHOD OF FINANCING; TERMS OF CONTRACT.  (a)  An energy savings performance contract may be financed:
(1)  under a lease-purchase contract that has a term not to exceed 20 years from the final date of installation and that meets federal tax requirements for tax-free municipal leasing or long-term financing;
(2)  with the proceeds of bonds; or
(3)  under a contract with the provider of the energy or water conservation or usage measures that has a term not to exceed the lesser of 20 years from the final date of installation or the average useful life of the energy or water conservation or usage measures.
(a-1)  Notwithstanding other law, the governing body of a local government may use any available money to pay the provider of the energy or water conservation measures under this section, and the governing body is not required to pay for such costs solely out of the savings realized by the local government under an energy savings performance contract.  The governing body may contract with the provider to perform work that is related to, connected with, or otherwise ancillary to the measures identified in the scope of an energy savings performance contract.
(b)  An energy savings performance contract shall contain provisions requiring the provider of the energy or water conservation or usage measures to provide a guarantee.  If the term of the contract exceeds one year, the local government's contractual obligations in any one year during the term of the contract beginning after the final date of installation may not exceed the total energy and water savings, the net operating cost savings, and the stipulated or agreed upon increase in billable revenues resulting from the estimated increase in meter accuracy, divided by the number of years in the contract term.
Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997.  Amended by Acts 1999, 76th Leg., ch. 361, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 573, Sec. 6, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1319, Sec. 6, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1310, Sec. 81, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 7, eff. June 16, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 982 (H.B. 1728), Sec. 6, eff. September 1, 2011.
Acts 2017, 85th Leg., R.S., Ch. 258 (H.B. 1571), Sec. 5, eff. May 29, 2017.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 302 - Energy Savings Performance Contracts for Local Governments › Section 302.005. Bidding Procedures; Award of Contract

Sec. 302.005.  BIDDING PROCEDURES;  AWARD OF CONTRACT.  (a)  An energy savings performance contract under this chapter may be let in accordance with the procedures established for procuring certain professional services by Section 2254.004, Government Code.  Notice of the request for qualifications shall be published in the manner provided for competitive bidding.
(b)  Before entering into an energy savings performance contract, the governing body must require that the energy savings, increase in billable revenues, or increase in meter accuracy estimated or projected by a provider be reviewed by a licensed professional engineer who:
(1)  has a minimum of three years of experience in energy calculation and review;
(2)  is not an officer or employee of a provider for the contract under review; and
(3)  is not otherwise associated with the contract.
(c)  In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment.  An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract.  Sections 1001.053 and 1001.407, Occupations Code, apply to work performed under the contract.
(d)  The scope of an energy savings performance contract may not be modified under this section by change order, contract addendum, or other method:
(1)  to perform work that is not related to, connected with, or otherwise ancillary to the measures identified in the original scope of an energy savings performance contract; or
(2)  in a way that increases the price of the original awarded contract by more than 25 percent of the original contract value.
(e)  Subsection (d) applies only to the design or construction of a water supply project, water plant, wastewater plant, water and wastewater distribution or conveyance facility, or drainage project.
Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997.  Amended by Acts 2001, 77th Leg., ch. 573, Sec. 12, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1319, Sec. 7;  Acts 2003, 78th Leg., ch. 1276, Sec. 12.005, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1310, Sec. 82, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 527 (S.B. 831), Sec. 8, eff. June 16, 2007.
Acts 2021, 87th Leg., R.S., Ch. 495 (H.B. 3583), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 302 - Energy Savings Performance Contracts for Local Governments › Section 302.007. Exemption From Other Contracting Law

Sec. 302.007.  EXEMPTION FROM OTHER CONTRACTING LAW.  Chapter 2269, Government Code, does not apply to this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 3.04, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(25), eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 302 - Energy Savings Performance Contracts for Local Governments › Section 302.008. Enforcement

Sec. 302.008.  ENFORCEMENT.  (a)  A contract entered into or an arrangement made in violation of this chapter is voidable as against public policy.
(b)  This chapter may be enforced through an action for declaratory or injunctive relief filed not later than the 10th day after the date the contract is awarded.
Added by Acts 2021, 87th Leg., R.S., Ch. 495 (H.B. 3583), Sec. 3, eff. June 14, 2021.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter A. General Provisions › Section 303.001. Short Title

Sec. 303.001.  SHORT TITLE.  This chapter may be cited as the Public Facility Corporation Act.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter A. General Provisions › Section 303.002. Purpose; Construction

Sec. 303.002.  PURPOSE;  CONSTRUCTION.  (a)  The purpose of this chapter is to authorize the creation and use of public facility corporations with the broadest possible powers to finance or to provide for the acquisition, construction, rehabilitation, renovation, repair, equipping, furnishing, and placement in service of public facilities in an orderly, planned manner and at the lowest possible borrowing costs.
(b)  The legislature intends that a corporation created under this chapter be a public corporation, constituted authority, and instrumentality authorized to issue bonds on behalf of its sponsor for the purposes of Section 103, Internal Revenue Code of 1986 (26 U.S.C. Section 103).  This chapter and the rules and rulings issued under this chapter shall be construed according to this intent.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter A. General Provisions › Section 303.003. Definitions

Sec. 303.003.  DEFINITIONS.  In this chapter:
(1)  "Board of directors" means the board of directors of a corporation.
(2)  "Bonds" includes notes, interim certificates, or other evidences of indebtedness of a corporation issued or incurred under this chapter.
(3)  "Corporation" means a public facility corporation created and existing under this chapter.
(4)  "Credit agreement" means a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitment to purchase bonds or sponsor obligations, purchase or sale agreement, interest rate or commodities price swap agreement, cap or collar agreement, protection or management agreement, or commitment or other contract or agreement authorized and approved by the board of directors of a corporation in anticipation of, related to, or in connection with the authorization, issuance, incurrence, sale, security, exchange, payment, purchase, remarketing, or redemption of bonds or interest on bonds.
(5)  "Director" means a member of a board of directors.
(6)  "Housing authority" means a public corporation created under Chapter 392.
(7)  "Public facility" means any real, personal, or mixed property, or an interest in property devoted or to be devoted to public use, and authorized to be financed, refinanced, or provided by sponsor obligations or bonds issued under this chapter.
(8)  "Resolution" means a resolution, order, ordinance, or other official action by the governing body of a sponsor.
(9)  "School district" means a political subdivision created under Section 3, Article VII, Texas Constitution.
(10)  "Special district" means:
(A)  a district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution;
(B)  a hospital district or authority;  or
(C)  a junior college district authorized by Chapter 130, Education Code.
(11)  "Sponsor" means a municipality, county, school district, housing authority, or special district that causes a corporation to be created to act in accordance with this chapter.
(12)  "Sponsor obligation" means an evidence of indebtedness or obligation that a sponsor issues or incurs to finance, refinance, or provide a public facility, including bonds, notes, warrants, certificates of obligation, leases, and contracts authorized by Section 303.041 and Subchapter C.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 488 (H.B. 2679), Sec. 1, eff. June 16, 2015.
Acts 2015, 84th Leg., R.S., Ch. 488 (H.B. 2679), Sec. 2, eff. June 16, 2015.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter A. General Provisions › Section 303.004. Adoption of Alternate Procedure in Case of Constitutional Violation

Sec. 303.004.  ADOPTION OF ALTERNATE PROCEDURE IN CASE OF CONSTITUTIONAL VIOLATION.  If a court holds that a procedure under this chapter violates the federal or state constitution, a corporation or its sponsor by resolution may provide an alternate procedure that conforms to the constitution.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter A. General Provisions › Section 303.005. Effect of Chapter on Other Law

Sec. 303.005.  EFFECT OF CHAPTER ON OTHER LAW.  (a)  This chapter does not limit the police power provided by law to this state or a municipality or other political subdivision of this state, or an official or agency of this state or of a municipality or other political subdivision of this state, over property of a corporation.
(b)  A sponsor or corporation may use other law not in conflict with this chapter to the extent convenient or necessary to carry out a power expressly or impliedly granted by this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter A. General Provisions › Section 303.006. Limitation of Chapter

Sec. 303.006.  LIMITATION OF CHAPTER.  This chapter does not authorize a sponsor to issue a sponsor obligation, use a letter of credit, or mortgage a public facility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter A. General Provisions › Section 303.007. Natural Gas as Public Facility

Sec. 303.007.  NATURAL GAS AS PUBLIC FACILITY.  Natural gas purchased by a corporation for resale to a local government under an interlocal cooperation contract described by Section 791.025, Government Code, between the sponsor and the local government is considered a public facility for the purposes of this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 767 (S.B. 1063), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.021. Authority to Create

Sec. 303.021.  AUTHORITY TO CREATE.  (a)  A sponsor may create one or more nonmember, nonstock, nonprofit public facility corporations to:
(1)  issue bonds under this chapter, including bonds to purchase sponsor obligations;
(2)  finance public facilities on behalf of its sponsor; or
(3)  loan the proceeds of the obligations to other entities to accomplish the purposes of the sponsor.
(b)  A sponsor may use the corporation to:
(1)  acquire, construct, rehabilitate, renovate, repair, equip, furnish, or place in service public facilities;  or
(2)  issue bonds on the sponsor's behalf to finance the costs of the public facilities.
(c)  A corporation created under this chapter must remain a public facility corporation under this chapter.
(d)  A corporation or a sponsor may finance, own, or operate a multifamily residential development only if:
(1)  the corporation or sponsor complies with all applicable provisions of this chapter; and
(2)  the development is located:
(A)  inside the area of operation of the sponsor, if the sponsor is a housing authority; or
(B)  if the sponsor is not a housing authority, inside the boundaries of the sponsor, without regard to whether the sponsor is authorized to own property or provide services outside the boundaries of the sponsor.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 488 (H.B. 2679), Sec. 3, eff. June 16, 2015.
Acts 2021, 87th Leg., R.S., Ch. 526 (S.B. 1942), Sec. 1, eff. June 14, 2021.
Acts 2023, 88th Leg., R.S., Ch. 1169 (H.B. 2071), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.022. Creation Under Other Law

Sec. 303.022.  CREATION UNDER OTHER LAW.  A nonprofit corporation created by a housing authority under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), regardless of the date the corporation is created, is considered a corporation under this chapter, has the rights and powers necessary or convenient to accomplish a corporation's purposes under this chapter, and is subject to the requirements of this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 526 (S.B. 1942), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.023. Procedure

Sec. 303.023.  PROCEDURE.  A governing body of a sponsor that determines that it is in the public interest and to the benefit of the sponsor's residents and the citizens of this state that a corporation be created to finance, refinance, or provide the costs of public facilities of the sponsor may by resolution stating that determination:
(1)  authorize and approve the creation of a corporation to act on behalf of the sponsor;  and
(2)  approve proposed articles of incorporation for the corporation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.024. Articles of Incorporation

Sec. 303.024.  ARTICLES OF INCORPORATION.  (a)  The articles of incorporation of the corporation must include:
(1)  the corporation's name;
(2)  a statement that the corporation is a nonprofit public corporation;
(3)  the duration of the corporation, which may be perpetual;
(4)  a statement that the purpose of the corporation is to assist its sponsor in financing, refinancing, or providing public facilities;
(5)  a statement that the corporation has no members and is a nonstock corporation;
(6)  the street address of the corporation's initial registered office and the name of its initial registered agent at that address;
(7)  the number of directors on the initial board of directors and those directors' names and addresses;
(8)  each incorporator's name and street address;
(9)  the sponsor's name and address;  and
(10)  a statement that the sponsor has specifically authorized the corporation to act on its behalf to further the public purpose set forth in the articles of incorporation and has approved the articles of incorporation.
(b)  The corporate powers listed in this chapter are not required to be included in the articles of incorporation.
(c)  The articles of incorporation may include provisions for the regulation of the internal affairs of the corporation, including a provision required or permitted by this chapter to be in the bylaws.
(d)  Unless the articles of incorporation provide that a change in the number of directors may be made only by amendment to those articles, a change may be made by amendment to the bylaws.
(e)  A provision of the articles of incorporation that requires the vote or concurrence of a greater proportion of the board of directors than this chapter controls over this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.025. Certificate of Incorporation; Beginning of Corporate Existence

Sec. 303.025.  CERTIFICATE OF INCORPORATION;  BEGINNING OF CORPORATE EXISTENCE.  (a)  The incorporators shall deliver to the secretary of state the original and two copies of the articles of incorporation and a certified copy of the resolution of the sponsor's governing body approving the articles of incorporation.
(b)  If the secretary of state finds that the articles of incorporation comply with this chapter and have been approved by the sponsor's governing body, the secretary of state, on payment of the fees required by this chapter, shall:
(1)  write "filed" on the original and each copy of the articles of incorporation and the month, day, and year of the filing;
(2)  file the original in the office of the secretary of state;  and
(3)  issue two certificates of incorporation with a copy of the articles of incorporation attached to each.
(c)  The secretary of state shall deliver a certificate of incorporation, with a copy of the articles of incorporation attached, to the incorporators or their representatives and to the sponsor's governing body.
(d)  The corporation's existence begins on issuance of the certificate of incorporation.
(e)  The certificate of incorporation is conclusive evidence that all conditions precedent required to be performed by the incorporators and by the sponsor have been performed and that the corporation has been incorporated under this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.026. Organizational Meeting

Sec. 303.026.  ORGANIZATIONAL MEETING.  (a)  After issuance of the certificate of incorporation and at the call of a majority of the incorporators, the board of directors named in the articles of incorporation shall hold an organizational meeting in this state to adopt bylaws, to elect officers, and for any other purpose.
(b)  Not later than the sixth day before the date of the meeting, the incorporators shall mail, postage prepaid, notice to each director of the time and place of the meeting.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
Sec. 303.027.  AMENDMENT OF ARTICLES OF INCORPORATION.  (a)  Articles of incorporation may be amended to contain a provision that is lawful under this chapter if the sponsor's governing body by appropriate resolution determines that the amendment is advisable and authorizes or directs that an amendment be made.
(b)  The corporation's president or vice president and the secretary or clerk of the sponsor's governing body shall execute articles of amendment on behalf of the corporation.  An officer signing the articles of amendment shall verify those articles.
(c)  The articles of amendment must include:
(1)  the name of the corporation;
(2)  if the amendment alters a provision of the original or amended articles of incorporation, an identification by reference or description of the altered provision and a statement of its text as amended;
(3)  if the amendment is an addition to the original or amended articles of incorporation, a statement of that fact and the full text of each provision;
(4)  the name and address of the sponsor;
(5)  a statement that the amendment was authorized by the sponsor's governing body;  and
(6)  the date of the meeting at which the governing body adopted or approved the amendment.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.028. Certificate of Amendment

Sec. 303.028.  CERTIFICATE OF AMENDMENT.  (a)  The original and two copies of the articles of amendment and a certified copy of the resolution of the sponsor's governing body authorizing the articles shall be delivered to the secretary of state.
(b)  If the secretary of state finds that the articles of amendment comply with this chapter and are authorized by the sponsor's governing body, the secretary of state, on payment of the fees required by this chapter, shall:
(1)  write "filed" on the original and on each copy of the articles of amendment and the month, day, and year of the filing;
(2)  file the original in the office of the secretary of state;  and
(3)  issue two certificates of amendment with a copy of the articles of amendment attached to each.
(c)  The secretary of state shall deliver to the corporation or its representative and to the sponsor's governing body a certificate of amendment with a copy of the articles of amendment attached.
(d)  The amendment to the articles of incorporation takes effect on issuance of the certificate of amendment.
(e)  An amendment does not affect an existing cause of action in favor of or against the corporation, a pending suit to which the corporation is a party, or an existing right of a person.  Change of the corporate name by amendment does not abate a suit brought by or against the corporation under its former name.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle C - Public Building Provisions Applying to More Than One Type of Local Government › Chapter 303 - Public Facility Corporations › Subchapter B. Creation and Operation of Public Facility Corporation › Section 303.029. Restated Articles of Incorporation

Sec. 303.029.  RESTATED ARTICLES OF INCORPORATION.  (a)  A corporation may authorize, execute, and file restated articles of incorporation by following the procedure to amend articles of incorporation, including obtaining authorization from the sponsor's governing body.
(b)  The restated articles of incorporation must restate the entire text of the articles of incorporation as amended or supplemented by all previous certificates of amendment.  The restated articles of incorporation may also contain further amendments to the articles of incorporation.
(c)  Unless the restated articles of incorporation include amendments that were not previously in the articles of incorporation and previous certificates of amendment, the introductory paragraph of the restated articles of incorporation must contain a statement that the instrument accurately copies the articles of incorporation and all amendments that are in effect on the date of filing without further changes, except that:
(1)  the number of directors then constituting the board of directors and those directors' names and addresses may be inserted in place of the similar information concerning the initial board of directors;  and
(2)  the incorporators' names and addresses may be omitted.
(d)  If the restated articles of incorporation contain further amendments not included in the articles of incorporation and previous certificates of amendment, the instrument containing the restated articles of incorporation must:
(1)  include for each further amendment a statement that the amendment has been made in conformity with this chapter;
(2)  include the statements required by this chapter to be contained in articles of amendment, except that the full text of the amendment need not be included except in the restated articles of incorporation;
(3)  contain a statement that the instrument accurately copies the articles of incorporation and all previous amendments in effect on the date of the filing, as further amended by the restated articles of incorporation, and that the instrument does not contain any other change, except that:
(A)  the number of directors then constituting the board of directors and those directors' names and addresses may be inserted in place of the similar information concerning the initial board of directors;  and
(B)  the incorporators' names and addresses may be omitted;  and
(4)  restate the entire text of the articles of incorporation as amended and supplemented by all previous certificates of amendment and as further amended by the restated articles of incorporation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 11, eff. Sept. 1, 1999.