HBA-DMH H.B. 2628 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2628
By: Wolens
County Affairs
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Unlike some nonprofit organizations, the Greater Dallas Jewish Community
Capital Campaign (Capital Campaign) does not engage in just one type of
activity.  The Capital Campaign serves as an umbrella fundraising
organization for a number of community organizations with different
missions.  Prior to the 77th Legislature, the Capital Campaign was required
to obtain separate sources of financing for each type of facility that it
assisted.  House Bill 2628 modifies the powers, authority, and rights of a
cultural educational facilities finance corporation. 

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. 

ANALYSIS

House Bill 2628 amends the Cultural Education Facilities Finance
Corporation Act to provide that a cultural educational facilities finance
corporation (corporation) is required to be created and organized in the
same manner and have the same powers, authority, and rights that a health
facilities development corporation has with respect to health facilities
under the Health Facilities Development Act and that a nonprofit
corporation or authority has with respect to educational and housing
facilities. 

The bill authorizes the authority of the corporation to be exercised inside
or outside the limits of the city that created the corporation if the city
is located in a county with a population of more than 400,000 or inside or
outside the county that created the corporation if the county has a
population of more than 400,000, without the consent or other action of any
person that would otherwise be required unless the articles of
incorporation or bylaws of the corporation provide differently.  The bill
prohibits the authority of a corporation from preempting the police powers
of any sponsoring entity or any other laws regulating or empowering
sponsoring entities to regulate the activities of the corporation. 

EFFECTIVE DATE

June 15, 2001.