HBA-MPM S.B. 1091 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1091
By: Duncan
Public Education
5/18/1999
Engrossed


BACKGROUND AND PURPOSE 

Current law authorizes the governing board of an independent school
district or rural high school, and the commissioners court of a county, to
issue negotiable coupon bonds for the construction and equipping of school
buildings.  S.B. 1091 extends that authorization to the acquisition of
school buildings or property and the refinancing of property financed under
the Public Property Finance Act. This bill also provides that certain
independent school districts and junior college districts must consider,
when issuing such bonds, whether the governing board may assess taxes
sufficient to pay the principal of and interest on the bonds and costs of
any credit agreements executed in connection with the bonds.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 45.001, Education Code, as follows:

Sec. 45.001.  BONDS AND BOND TAXES. (a) Authorizes the governing board of
an independent school district or rural high school, and the commissioners
court of a county, to issue negotiable coupon bonds to acquire school
buildings in the district, and to acquire or refinance property financed
under Subchapter A (Public Property Finance Act), Chapter 271, Local
Government Code, regardless of whether payment obligations are due in the
current year or a future year.  Authorizes bonds to be sold at public or
private sale as determined by the governing board of the district.  Deletes
the provision that all bonds must be sold to the highest bidder for no less
than their par value and accrued interest.  Makes conforming changes.  

SECTION 2.  Amends Subchapter A, Chapter 45, Education Code, by adding
Section 45.0011, as follows: 

Sec. 45.0011. CREDIT AGREEMENTS IN CERTAIN SCHOOL DISTRICTS.  (a)  Makes
this section applicable only to an independent school district that, at the
time of the issuance of obligations and execution of credit agreements
under this section, has at least 2,000 students in average daily attendance
or a combined aggregate principal of at least $50 million in outstanding
bonds and voted but unissued bonds.   

(b) Authorizes a district, when issuing bonds as provided by Sections
45.001 (Bonds and Bond Taxes) and 45.003(b)(1) (Bond and Tax Elections),
Education Code, to exercise the powers granted to the governing body of an
issuer with regard to issuance of obligations and execution of credit
agreements under Article 717q, V.T.C.S., which relates to the issuance of
short term obligations for a public utility.  

(c) Provides that a proposition to issue bonds to which this section
applies, in addition to meeting specific requirements, must include the
question of whether the governing board or commissioners court is
authorized to levy, pledge, assess, and collect annual ad valorem taxes on
all taxable property in the district, sufficient, without limit as to rate
or  amount, to pay the principal of the interest on the bonds and the costs
of any credit agreements executed in connection with the bonds. 

(d)  Prohibits a district from issuing bonds applicable to this section in
an amount greater than the greater of 25 percent of the sum of certain
aggregate principals; $25 million, in a district with a student population
of 3,500 to 15,000 in average daily attendance; and $50 million, in a
district with a student population of more than 15,000. 

(e)  Provides that in this section, average daily attendance is determined
in the manner provided by Section 42.005 (Average Daily Attendance),
Education Code. 

(f) Provides that Section 6 (Execution of Credit Agreements;  Contracts
Providing Revenues or Security to Pay Obligations; Review and Approval by
Attorney General), Article 717q, V.T.C.S., governs approval by the attorney
general of obligations issued under the authority of this section. 

SECTION 3.  Amends Sections 45.103(a) and (b), Education Code, to authorize
a school district in need of funds to construct, in addition to repair,
renovate, or purchase school buildings and purchase school equipment, or
equip school properties with certain facilities or one that is in need of
funds with which to employ a person with special skill and experience to
compile taxation data and that is financially unable out of available funds
to construct, repair, renovate, or purchase school buildings or equipment,
or equip school properties with certain facilities or is unable to pay the
person for compiling taxation data, subject to this section, to issue
interest-bearing time warrants, in amounts sufficient to construct,
purchase, equip, or improve school buildings and facilities or to pay all
or part of the compensation of the person to compile taxation data, any law
to the contrary notwithstanding.  Makes conforming changes. 

SECTION 4.  Amends Subchapter G, Chapter 130, Education Code, by adding
Section 130.1221, as follows: 

Sec. 130.1221.  CREDIT AGREEMENTS IN CERTAIN JUNIOR COLLEGE DISTRICTS. (a)
Makes this section applicable only to a junior college district that, at
the time of issuance of obligations and execution of credit agreements
under this section has at least 2,000 fulltime students or the equivalent;
or a combined aggregate principal amount of at least $50 million of
outstanding bonds and voted but unissued bonds. 

(b) Authorizes a district to which this section applies, when issuing bonds
as provided by Section 130.122 (Tax Bonds and Maintenance Tax), Education
Code,  to exercise the powers granted to the governing body of an issuer
with regard to the issuance of obligations and execution of credit
agreements under Article 717q, V.T.C.S.  

(c) Provides that a proposition to issue bonds under this section must
include the question of whether the governing board is authorized to levy,
pledge, assess, and collect annual ad valorem taxes sufficient to pay the
principal of and interest on the bonds and the costs of any credit
agreements executed in connection with the bonds.  

(d) Prohibits a district from issuing bonds to which this section applies
in an amount greater than the greater of 25 percent of the sum of certain
aggregate principals; $25 million, in a district with a full-time student
population from 3,500 to 15,000 or the equivalent; or $50 million, in a
district with a full-time student population of more than 15,000 or the
equivalent. 

(e) Provides that Section 6 (Execution of Credit Agreements;  Contracts
Providing Revenues or Security to Pay Obligations; Review and Approval by
Attorney General), Article 717q, V.T.C.S., governs approval by the attorney
general of obligations issued under the authority of this section. 

SECTION 5.  Emergency clause.
  Effective date: upon passage.