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TITLE 9. PUBLIC SECURITIES
SUBTITLE B. PROVISIONS APPLICABLE TO SECURITIES ISSUED BY STATE GOVERNMENT
CHAPTER 1232. TEXAS PUBLIC FINANCE AUTHORITY
Sec. 1232.001.  SHORT TITLE.  This chapter may be cited as the Texas Public Finance Authority Act.
Sec. 1232.002.  PURPOSE.  The purpose of this chapter is to provide a method of financing for:
(1)  the acquisition or construction of buildings;
(2)  the purchase or lease of equipment by executive or judicial branch state agencies; and
(3)  customer rate relief bonds authorized by the Railroad Commission of Texas in accordance with Subchapter I, Chapter 104, Utilities Code.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 646, Sec. 1, eff. Sept. 1, 2001.
Sec. 1232.003.  DEFINITIONS.  In this chapter:
(1)  "Authority" means the Texas Public Finance Authority.
(2)  "Board" means the board of directors of the authority.
(3)  "Building" means:
(A)  a structure used by a state agency to conduct state business;  and
(B)  the major equipment or personal property related functionally to a structure used by a state agency to conduct state business.
(4)  "Commission" means the Texas Facilities Commission.
(5)  "Computer equipment" means a telecommunications device or system, an automated information system, a computer on which an information system is automated, and computer software.
(6)  "Construction" means the erection, improvement, repair, renovation, or remodeling of a building.
(7)  "Equipment" means a fixed asset, other than land or a building, used by a state agency to conduct state business.  The term includes computer equipment.
(8)  "Obligation" means a bond, note, certificate of participation, certificate of obligation, or interest in a contract.
(9)  "State agency" means a board, commission, department, office, agency, institution of higher education, or other governmental entity in the executive, judicial, or legislative branch of state government.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.01, eff. Sept. 1, 2001.
Sec. 1232.004.  STATE LEASE FUND ACCOUNT.  (a)  The state lease fund account is an account in the general revenue fund and may be used only for a purpose designated by law.
(b)  The state lease fund account may be used to finance an appropriation to the commission or a state agency or directly to the authority on behalf of a state agency to pay required rents, fees, and installments to the authority.
(c)  After all obligations have been paid or provided for, the legislature may transfer money deposited in the state lease fund account to the Texas capital trust fund account for other purposes.
(d)  The amount in the state lease fund account that is in excess of amounts needed for debt service and is unencumbered shall be transferred at the end of each biennium to the undedicated portion of the general revenue fund.
Sec. 1232.005.  APPLICATION OF STATE FUNDS REFORM ACT.  All money paid to the authority under this chapter is subject to Subchapter F, Chapter 404.
SUBCHAPTER B. TEXAS PUBLIC FINANCE AUTHORITY
Sec. 1232.051.  TEXAS PUBLIC FINANCE AUTHORITY.  The Texas Public Finance Authority is a public authority and a body politic and corporate.
Sec. 1232.052.  COMPOSITION OF GOVERNING BOARD.  (a)  The authority is governed by a board of directors composed of seven members appointed by the governor with the advice and consent of the senate.
(b)  A person is not eligible for appointment as a member of the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the authority;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the authority;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the authority, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(c)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Sec. 1232.053.  TERMS.  Members of the board are appointed for staggered terms of six years, with two or three members' terms expiring February 1 of each odd-numbered year.
Sec. 1232.054.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  violates a prohibition established by Section 1232.060;
(2)  cannot because of illness or disability discharge the member's duties for a substantial part of the term for which the member is appointed;  or
(3)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director of the authority has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the assistant presiding officer, who shall notify the governor and the attorney general that a potential ground for removal exists.
Sec. 1232.055.  BOARD MEMBER TRAINING.  (a)  To be eligible to take office as a member of the board, a person appointed to the board must complete at least one course of a training program that complies with this section.
(b)  The training program must provide information to the person regarding:
(1)  the enabling legislation that created the authority and the board;
(2)  the programs operated by the authority;
(3)  the role and functions of the authority;
(4)  the rules of the authority, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the authority;
(6)  the results of the most recent formal audit of the authority;
(7)  the requirements of the:
(A)  open meetings law, Chapter 551;
(B)  public information law, Chapter 552;  and
(C)  administrative procedure law, Chapter 2001;
(8)  the requirements of the conflict of interest laws and other laws relating to public officials;  and
(9)  any applicable ethics policies adopted by the authority or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act and as if the person were a member of the board.
Sec. 1232.056.  OFFICERS;  MEETINGS.  (a)  The governor shall designate a member of the board as the presiding officer to serve in that capacity at the pleasure of the governor.  The board biennially shall elect an assistant presiding officer from its members.
(b)  The board shall meet at least once in each calendar quarter and shall meet at other times at the call of the presiding officer or as prescribed by board rule.
(c)  A subcommittee of the board, appointed by the board as provided by Section 1371.053(c)(2), is not subject to Chapter 551 when it is acting to price and sell the obligations of the authority in accordance with parameters for the issuance established by the board.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.005(a), eff. Sept. 1, 2001.
Sec. 1232.057.  PUBLIC TESTIMONY AT BOARD MEETINGS.  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the authority.
Sec. 1232.058.  COMPENSATION AND EXPENSES.  A board member is entitled to:
(1)  a per diem of $50, unless otherwise specified in the General Appropriations Act, for each day the member performs functions as a board member;  and
(2)  reimbursement for actual and necessary expenses that the member incurs in performing board functions.
Sec. 1232.059.  STAFF;  CONSULTANTS.  (a)  The board shall employ persons and contract with consultants necessary for the board to perform its functions.
(b)  Employees of the authority are considered to be state employees.
Sec. 1232.060.  CONFLICT OF INTEREST.  (a)  An officer, employee, or paid consultant of a Texas trade association in the field of public finance may not be a member of the board or an employee of the authority who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(b)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of public finance may not be a member of the board and may not be an employee of the authority who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(c)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(d)  A person may not serve as a member of the board or act as the general counsel to the board or the authority if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the authority.
Sec. 1232.061.  INFORMATION ON RESPONSIBILITIES OF BOARD MEMBERS AND EMPLOYEES.  The executive director of the authority or the executive director's designee shall provide to members of the board and to authority employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Sec. 1232.062.  SEPARATION OF POLICYMAKING AND MANAGEMENT RESPONSIBILITIES.  The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the authority.
Sec. 1232.063.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The executive director of the authority or the executive director's designee shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the authority workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made about the extent of underuse in the authority workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must cover an annual period, be updated annually and reviewed by the Commission on Human Rights for compliance with Subsection (a)(1), and be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
Sec. 1232.064.  CAREER LADDER;  EMPLOYEE PERFORMANCE EVALUATIONS.  (a)  The executive director of the authority or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees within the authority.  The program shall require intra-agency posting of all positions concurrently with any public posting.
(b)  The executive director of the authority or the executive director's designee shall develop a system of annual performance evaluations that are based on documented employee performance.  All merit pay for authority employees must be based on the system established under this subsection.
Sec. 1232.065.  COMPLIANCE WITH LAWS RELATING TO ACCESSIBILITY.  The authority shall comply with federal and state laws related to program and facility accessibility.
Sec. 1232.066.  BOARD AUTHORITY.  (a)  The board's authority under this chapter is limited to the financing of:
(1)  the acquisition or construction of a building;
(2)  the purchase or lease of equipment;
(3)  stranded costs of a municipal power agency; or
(4)  customer rate relief bonds approved by the Railroad Commission of Texas in accordance with Subchapter I, Chapter 104, Utilities Code.
(b)  The board's authority does not affect the authority of the commission or any other state agency.
(c)  Buildings and equipment financed by the authority under this chapter do not become part of other property to which they may be attached or into which they may be incorporated, without regard to whether the other property is real or personal.
Sec. 1232.067.  GENERAL POWERS.  The board may:
(1)  exercise, to the extent practicable, all powers given to a corporation under the general laws of the state;
(2)  have perpetual succession by its corporate name;
(3)  sue and be sued in its corporate name;
(4)  adopt a seal for use as the board considers appropriate;
(5)  accept gifts;  and
(6)  adopt rules and perform all functions reasonably necessary for the board to administer its functions prescribed by this chapter.
Sec. 1232.068.  EMINENT DOMAIN.  The authority may exercise the power of eminent domain for the purposes set forth in this chapter in connection with the acquisition or construction of a building that is authorized as provided by Section 1232.108.
Sec. 1232.070.  INFORMATION ON COMPLAINTS.  (a)  The authority shall keep a file about each written complaint filed with the authority that the authority has authority to resolve.  The authority shall provide to the person filing the complaint and the persons complained about the authority's policies and procedures relating to complaint investigation and resolution.  The authority, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and the persons complained about of the status of the complaint unless the notice would jeopardize an undercover investigation.
(b)  The authority shall keep information about each complaint filed with the authority.  The information must include:
(1)  the date the complaint is received;
(2)  the name of the complainant;
(3)  the subject matter of the complaint;
(4)  a record of all persons contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  for complaints for which the authority took no action, an explanation of the reason the complaint was closed without action.
Sec. 1232.071.  RELATIONSHIP TO PREVIOUS BOARD.  (a)  The Texas Public Finance Authority owns the property formerly owned by, and is the successor to each lease or rental contract entered into by, the Texas Public Building Authority created by Chapter 700, Acts of the 68th Legislature, Regular Session, 1983.
(b)  An obligation contracted or assumed by the Texas Public Building Authority with respect to a property or contract described by Subsection (a) is an obligation of the Texas Public Finance Authority.
Sec. 1232.072.  SUNSET PROVISION.  The Texas Public Finance Authority is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the authority is abolished and this chapter expires September 1, 2027.
Sec. 1232.073.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of authority rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the authority's jurisdiction.
(b)  The authority's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The authority shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
SUBCHAPTER C. OBLIGATIONS
Sec. 1232.101.  ISSUANCE OF BONDS FOR CERTAIN STATE AGENCIES.  (a)  With respect to all bonds authorized to be issued by or on behalf of the Texas Military Department, Parks and Wildlife Department, Texas Agricultural Finance Authority, Texas Low-Level Radioactive Waste Disposal Authority, and Texas Southern University, the authority has the exclusive authority to act on behalf of those entities in issuing bonds on their behalf. In connection with those issuances and with the issuance of refunding bonds on behalf of those entities, the authority is subject to all rights, duties, and conditions surrounding issuance previously applicable to the issuing entity under the statute authorizing the issuance. A reference in an authorizing statute to the entity on whose behalf the bonds are being issued applies equally to the authority in its capacity as issuer on behalf of the entity.
(b)  Except as provided by Subsection (a), the authority may, under an agreement entered into with Texas State Technical College System or a general academic teaching institution as defined by Section 61.003, Education Code, act on behalf of Texas State Technical College System or a general academic teaching institution in issuing bonds on the system's or institution's behalf.  In connection with those issuances and with the issuance of refunding bonds on behalf of the system or those institutions, the authority is subject to all rights, duties, and conditions surrounding issuance previously applicable to the issuing system or institution under the statute authorizing the issuance.  A reference in an authorizing statute to the system or institution on whose behalf the bonds are being issued applies equally to the authority in its capacity as issuer on behalf of the system or institution.  An agreement under this subsection may provide for reimbursement to the authority for costs incurred in issuing bonds under the agreement.
Acts 2007, 80th Leg., R.S., Ch. 1335 (S.B. 1724), Sec. 13, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 506 (S.B. 1016), Sec. 1.18, eff. September 1, 2009.
Sec. 1232.102.  ISSUANCE OF BONDS FOR STATE OFFICE BUILDINGS.  (a)  The board may issue and sell bonds in the name of the authority to finance the acquisition or construction of buildings. After receiving a request described by Section 2166.452, the board may issue bonds in amounts not exceeding the previously authorized amount of bonds plus five percent of the acquisition cost of the property, as described in the request.
(b)  The board shall promptly issue and sell bonds in the name of the authority under this chapter to finance the acquisition or construction of a building that has been authorized in accordance with this chapter or under Section 2166.452 or 2166.453.
(c)  The commission or other state agency involved in acquiring or constructing a building financed by bonds issued under this chapter shall accomplish its statutory authority as if the building were financed by legislative appropriation.  The board and the commission or other state agency involved in the acquisition or construction of a building shall adopt a memorandum of understanding that defines the division of authority between the board and the commission or other agency.
Sec. 1232.1025.  ISSUANCE OF BONDS FOR MILITARY FACILITIES.  (a)  The board may issue and sell bonds in the name of the authority to finance the acquisition or construction of buildings to be used as state military forces facilities.
(b)  After receiving a request under Section 437.153, the board shall promptly issue and sell bonds in the name of the authority to provide the requested financing.
(c)  The adjutant general shall accomplish its statutory authority as if the property or building were financed by legislative appropriation.  The board and the adjutant general shall adopt a memorandum of understanding that defines the division of authority between the board and adjutant general.
(d)  On completion of the acquisition or construction, the adjutant general shall lease the building from the authority.
Added by Acts 2007, 80th Leg., R.S., Ch. 1335 (S.B. 1724), Sec. 14, eff. September 1, 2007.
Sec. 1232.1026.  ISSUANCE OF BONDS FOR TEXAS BULLION DEPOSITORY BUILDINGS.  (a)  The board may issue and sell bonds in the name of the authority to finance the acquisition or construction of buildings to be used to operate the Texas Bullion Depository, including the acquisition of real property for that purpose.
(b)  The comptroller shall accomplish its statutory authority as if the property or building acquired or constructed under this section were funded by legislative appropriation.  The board and the comptroller shall adopt a memorandum of understanding that defines the division of authority between the board and comptroller regarding the property or building.
(c)  To accomplish the bond financing of the acquisition or construction of property or a building under this section, the comptroller shall contract with the authority to purchase the property or building from the authority under a lease-to-purchase agreement or other comparable financing agreement, as determined by the board and the comptroller to be in the best interest of the state.
Sec. 1232.103.  ISSUANCE OF OBLIGATIONS FOR EQUIPMENT.  (a)  The authority may issue and sell obligations for the financing of:
(1)  a lease or other agreement that concerns equipment that an executive or judicial branch state agency has purchased or leased or intends to purchase or lease;  or
(2)  a package of agreements described by Subdivision (1) that involves one or more state agencies.
(b)  An obligation issued by the authority is payable under an agreement that may be in the nature of:
(1)  a lease under which the authority leases equipment from a vendor for sublease to the commission or another state agency;
(2)  a purchase by the authority of equipment and the lease of that equipment to either:
(A)  the commission for the benefit of a state agency;  or
(B)  a state agency other than the commission;
(3)  a purchase by the authority of equipment and the sale of that equipment to a state agency on an installment payment basis;  or
(4)  any similar agreement.
(c)  If an agreement is between the authority and a state agency or between a vendor and a state agency, the commission shall nevertheless perform its functions as purchasing agent for the state, with the funds obtained under this section used solely to finance the agreement.  The board and the commission shall adopt a memorandum of understanding that defines the division of authority between the board and the commission.
(d)  A state agency may enter into a type of agreement described by this section to purchase or lease necessary equipment.
(e)  If a law requires a state agency to obtain the approval of another state agency or perform any other act before the agency may purchase or lease computer equipment, those requirements must be satisfied before the agency may enter into an agreement under this chapter.  The authority shall adopt rules so that computer equipment may not be financed before the authority receives written proof that the requirements have been satisfied.
Sec. 1232.104.  ISSUANCE OF OBLIGATIONS FOR ALTERNATIVE FUEL PROJECTS.  (a)  If the authority determines that a project is financially viable and sufficient revenue is or will be available, the authority may issue and sell obligations the proceeds of which shall be used for the financing of:
(1)  the conversion of state agency vehicles and other sources of substantial energy output to an alternative fuel under Subchapter A, Chapter 2158;
(2)  the construction, acquisition, or maintenance by the commission of fueling stations supplying alternative fuels or equipment enhancing the use of engine-driven technology to support state agency vehicles and other energy applications that use an alternative fuel;
(3)  the conversion of school district motor vehicles and other sources of substantial energy output to an alternative fuel;
(4)  the construction, acquisition, or maintenance by a school district of fueling stations supplying alternative fuels or equipment enhancing the use of engine-driven technology to support school district motor vehicles and other energy applications that use an alternative fuel;
(5)  the conversion of local mass transit authority or department motor vehicles and other sources of substantial energy output to an alternative fuel;
(6)  the construction, acquisition, or maintenance of fueling stations supplying alternative fuels or equipment enhancing the use of engine-driven technology by a local mass transit authority or department to support transit authority or department vehicles and other energy applications that use an alternative fuel;
(7)  the conversion of motor vehicles and other sources of substantial energy output of a local government to an alternative fuel;
(8)  the conversion of motor vehicles and other sources of substantial energy output of a hospital district or authority, a housing authority, or a district or authority created under Section 52, Article III, Texas Constitution, or Section 59, Article XVI, Texas Constitution, to an alternative fuel;
(9)  the construction, acquisition, or maintenance of fueling stations supplying alternative fuels or equipment enhancing the use of engine-driven technology to support motor vehicles and other energy applications that use an alternative fuel by a county, a municipality, or an entity described by Subdivision (8); or
(10)  a joint venture between the private sector and a state agency or political subdivision that is required under law to use an alternative fuel in the agency's or subdivision's vehicles or other energy applications to:
(A)  convert vehicles or other sources of substantial energy output to an alternative fuel;
(B)  develop fueling stations and resources for the supply of alternative fuels and engine-driven applications;
(C)  aid in the distribution of alternative fuels; and
(D)  engage in other projects to facilitate the use of alternative fuels.
(b)  The board may provide for the payment of the principal of or interest on an obligation issued under this section:
(1)  by pledging all or a part of the revenue the state derives from the sale of alternative fuel, alternative fuel equipment or technology, or vehicles powered by an alternative fuel;
(2)  by contracting with a political subdivision or a private entity to pledge revenue the political subdivision or private entity derives from the sale of alternative fuel, alternative fuel equipment or technology, or vehicles powered by an alternative fuel in an amount sufficient to ensure that the obligations are paid;
(3)  by pledging appropriated general revenues of the state or other appropriated money in the state treasury;  or
(4)  from any other source of funds available to the board.
(c)  The authority shall attempt to:
(1)  include minority-owned businesses in the issuance and underwriting of at least 20 percent of the obligations issued under this section;  and
(2)  include women-owned businesses in the issuance and underwriting of at least 10 percent of the obligations issued under this section.
(d)  Costs of administering the alternative fuel finance program shall be considered a part of project costs and shall be funded with proceeds of the obligations.
Acts 2005, 79th Leg., Ch. 864 (S.B. 1032), Sec. 4, eff. September 1, 2005.
Sec. 1232.105.  AGGREGATE LIMIT ON ISSUANCE OF OBLIGATIONS FOR ALTERNATIVE FUEL PROJECTS.  The authority may not issue and sell more than $50 million in obligations for projects under Section 1232.104.
Sec. 1232.106.  EVALUATION OF APPLICATION FOR ASSISTANCE WITH ALTERNATIVE FUEL PROJECTS.  (a)  The comptroller shall evaluate an application by an eligible entity for the financing under Section 1232.104 of the acquisition, construction, or improvement of alternative fuels infrastructure and shall determine whether the proposed project will increase energy or cost savings to the applicant.
(b)  The authority may not issue an obligation under Section 1232.104 unless the comptroller certifies that the proposed project will increase energy or cost savings to the applicant.
(c)  The comptroller by rule may adopt procedures and standards for the evaluation of an application for the financing of a proposed project under Section 1232.104.
Acts 2017, 85th Leg., R.S., Ch. 553 (S.B. 526), Sec. 9(d), eff. September 1, 2017.
Sec. 1232.107.  PURCHASE OF OBLIGATIONS FOR ALTERNATIVE FUEL PROJECTS.  (a)  The authority may use the proceeds of obligations issued under Section 1232.104 to purchase, at a price determined by the authority, an obligation of an entity described by Section 1232.104(a) that evidences the entity's obligation to repay the authority.  Notwithstanding any other law, the authority may acquire an obligation of an entity described by Section 1232.104(a) in a private sale as provided by resolution or order of the governing body of the entity.
(b)  An entity described by Section 1232.104(a) may borrow from the authority by selling an obligation to the authority.
Sec. 1232.1071.  ISSUANCE OF OBLIGATIONS FOR FINANCING STRANDED COSTS OF MUNICIPAL POWER AGENCY.  (a)  The authority may, either directly or by means of a trust or trusts established by it, issue obligations or other evidences of indebtedness for financing stranded costs of a municipal power agency created by concurrent resolution by its member cities on or before November 1, 1979, pursuant to Chapter 163, Utilities Code, or a predecessor statute to that chapter.  The stranded costs of the municipal power agency are set forth as allocated to the member cities in the "Potentially Strandable Investment (ECOM) Report:  1998 Update" issued by the Public Utility Commission of Texas.
(b)  At the request of any member city of a municipal power agency, the authority shall issue obligations or other evidences of indebtedness in the amount of the requesting member city's stranded costs, plus the sum of the costs described in Subdivision (1) and the issuance costs, and shall make a grant of the proceeds of the obligations or evidences of indebtedness to the municipal power agency.  A member city's request under this subsection must include a statement of the payment terms for recovering stranded costs.  A grant of the proceeds of obligations or evidences of indebtedness is subject to the following conditions:
(1)  the municipal power agency shall use the grant to reduce the outstanding principal of the agency's debts allocable to stranded costs of the requesting member city for federal income tax purposes, whether by redemption, defeasance, or tender offer, together with any interest expenses, call premium, tender premium, or administrative expenses associated with the principal payment;  and
(2)  the municipal power agency shall reduce the amount payable by the requesting member city under its power sales contract with the agency to reflect the reduced debt service on the agency's debt as a result of the payments made under Subdivision (1).
(c)  Obligations or evidences of indebtedness issued by the authority under this section must be secured by nonbypassable charges imposed by the authority on retail customers receiving transmission and distribution services provided by the requesting member city, which must be consistent with the stranded cost recovery terms stated in the member city's request unless otherwise approved by the member city.  Obligations or evidences of indebtedness issued by the authority under this section are not a debt of this state, the municipal power agency, or any member of the municipal power agency.
(d)  The Public Utility Commission of Texas shall provide necessary assistance to the authority to ensure the collection and enforcement of the nonbypassable charges, whether directly or by using the assistance and powers of the requesting member city.
(e)  The authority and the Public Utility Commission of Texas have all powers necessary to perform the duties and responsibilities described by this section.  This section shall be interpreted broadly in a manner consistent with the most cost-effective financing of stranded costs.  To the extent possible, obligations or evidences of indebtedness issued by the authority under this section must be structured so that any interest on the obligations or evidences of indebtedness is excluded from gross income for federal income tax purposes.  Any interest on the obligations or evidences of indebtedness is not subject to taxation by and may not be included as part of the measurement of a tax by this state or a political subdivision of this state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 8.007(a), eff. Sept. 1, 2001.
Sec. 1232.1072.  ISSUANCE OF OBLIGATIONS FOR FINANCING CUSTOMER RATE RELIEF PROPERTY.  (a)  The definitions in Section 104.362, Utilities Code, apply to terms used in this section.
(b)  The authority may create an issuing financing entity for the purpose of issuing customer rate relief bonds approved by the Railroad Commission of Texas in a financing order, as provided by Subchapter I, Chapter 104, Utilities Code.
(c)  An issuing financing entity created under this section is a duly constituted public authority and instrumentality of the state and is authorized to issue customer rate relief bonds on behalf of the state for the purposes of Section 103, Internal Revenue Code of 1986 (26 U.S.C. Section 103).
(d)  The issuing financing entity must be governed by a governing board of three members appointed by the authority.  A member of the governing board may be a current or former director of the authority.  A member of the governing board serves without compensation but is entitled to reimbursement for travel expenses incurred in attending board meetings.
(e)  The issuing financing entity must be formed in accordance with, be governed by, and have the powers, rights, and privileges provided for a nonprofit corporation organized under the Business Organizations Code, including Chapter 22 of that code, subject to the express exceptions and limitations provided by this section and Subchapter I, Chapter 104, Utilities Code.  A single organizer selected by the executive director of the authority shall prepare the certificate of formation of the issuing financing entity under Chapters 3 and 22, Business Organizations Code.  The certificate of formation must be consistent with the provisions of this section.
(f)  The authority shall establish the issuing financing entity to act on behalf of the state as its duly constituted authority and instrumentality to issue customer rate relief bonds approved under Subchapter I, Chapter 104, Utilities Code.
(g)  On a request to the authority from the Railroad Commission of Texas, the authority shall direct an issuing financing entity to issue customer rate relief bonds in accordance with a financing order issued by the railroad commission as provided in Subchapter I, Chapter 104, Utilities Code.
(h)  Before the issuance of any customer rate relief bonds, the authority and the Railroad Commission of Texas shall ensure that adequate provision is made in any financing order for the recovery of all issuance costs and all other fees, costs, and expenses of the authority, the issuing financing entity, and any advisors or counsel hired by the authority or the entity for the purposes of this section during the life of the customer rate relief bonds.
(i)  Customer rate relief bonds are limited obligations of the issuing financing entity payable solely from customer rate relief property and any other money pledged by the issuing financing entity to the payment of the bonds and are not a debt of this state, the Railroad Commission of Texas, the authority, or a gas utility.
(j)  The Railroad Commission of Texas shall ensure that customer rate relief charges are imposed, collected, and enforced in an amount sufficient to pay on a timely basis all bond obligations, financing costs, and bond administrative expenses associated with any issuance of customer rate relief bonds.
(k)  The authority and the Railroad Commission of Texas have all the powers necessary to perform the duties and responsibilities described by this section.  This section shall be interpreted broadly in a manner consistent with the most cost-effective financing of customer rate relief property, including regulatory assets, extraordinary costs, and related financing costs approved by the Railroad Commission of Texas in accordance with Subchapter I, Chapter 104, Utilities Code.
(l)  Any interest on the customer rate relief bonds is not subject to taxation by and may not be included as part of the measurement of a tax by this state or a political subdivision of this state.
(m)  The authority shall make periodic reports to the Railroad Commission of Texas and the public regarding each financing made in accordance with Section 104.373(b), Utilities Code, and if required by the applicable financing order.
(n)  The issuing financing entity shall issue customer rate relief bonds in accordance with and subject to other provisions of Title 9 applicable to the authority.
(o)  The issuing financing entity may exercise the powers granted to the governing body of an issuer with regard to the issuance of obligations and the execution of credit agreements under Chapter 1371.  A purpose for which bonds, obligations, or other evidences of indebtedness are issued under this section and Subchapter I, Chapter 104, Utilities Code, constitutes an eligible project for purposes of Chapter 1371 of this code.
(p)  Assets of an issuing financing entity may not be considered part of any state fund and must be held outside the state treasury.  The liabilities of the issuing financing entity may not be considered to be a debt of the state or a pledge of the state's credit.  An issuing financing entity must be self-funded from customer rate relief property and established in accordance with Subchapter I, Chapter 104, Utilities Code.  A state agency may provide money appropriated for the purpose to the issuing financing entity to provide for initial operational expenses of the issuing financing entity.
Sec. 1232.108.  LEGISLATIVE AUTHORIZATION REQUIRED.  Except as permitted by Section 1232.1072, 1232.109, 2166.452, or 2166.453, before the board may issue and sell bonds, the legislature by the General Appropriations Act or other law must have authorized:
(1)  the specific project for which the bonds are to be issued and sold; and
(2)  the estimated cost of the project or the maximum amount of bonded indebtedness that may be incurred by the issuance and sale of bonds for the project.
Sec. 1232.109.  AUTHORIZATION TO PURCHASE CERTAIN REAL PROPERTY.  (a)  Because there is a continued need to acquire real property in or in the immediate vicinity of state office building complexes for the continued operation of state government, because prices and values of real property periodically fluctuate, and because the state must be able to respond to rapidly changing market conditions to acquire real property at substantial savings to taxpayers, the commission may purchase and renovate real property located, in whole or in part, within 1,000 feet of:
(1)  the Capitol Complex in Travis County;  or
(2)  the John H. Winters Human Services Complex in Travis County.
(b)  The commission may contract as necessary to accomplish the purposes stated in Subsection (a).  The estimated cost of the project is $10 million.  Before purchasing property under this section, the commission must determine that the purchase would be in the state's best interest.
Sec. 1232.110.  SPECIFIC PROJECTS.  The board may issue bonds under Section 1232.102 for the following projects:
Project Estimated Cost
State Board of Insurance Building in Travis County;  facilities associated with relocation of the State Aircraft Pooling Board (not to exceed an estimated amount of $7,000,000);  and the acquisition and development of acreage at Robert Mueller Municipal Airport for a state complex (not to exceed an estimated amount of $41,000,000) $59,937,000
Laboratory and Office Facilities for the Texas Department of Health $42,300,000
Parking facilities for state officers and employees to be built on state parking Lot 20 and for visitors to the Capitol Complex to be built on state parking Lot 17 $29,500,000
Construction or purchase and renovation of a building or buildings by the commission in Tarrant County $10,000,000
Construction or purchase and renovation of a building or buildings by the commission in Harris County $20,000,000
Sec. 1232.111.  CERTAIN PROJECTS BY TEXAS DEPARTMENT OF TRANSPORTATION.  (a)  The authority may issue and sell obligations to finance one or more projects described by Section 201.1055(a), Transportation Code.  Notwithstanding Section 1232.108(2), the estimated cost of the project must be specified in the General Appropriations Act or other law.
(b)  Any provision of this chapter that relates to the issuance or sale of obligations to finance the acquisition or construction of a building, including provisions relating to form, procedure, repayment, actions that may be taken to ensure that the payment of the principal of and interest on the obligations is continued without interruption, and other relevant matters, applies to the issuance or sale of obligations under this section to the extent that the provision may be appropriately made applicable.
(c)  The legislature may appropriate money from any available source, including the state highway fund, to the Texas Department of Transportation to make lease payments to the authority for space occupied by the department in a building acquired or constructed under Section 201.1055(a), Transportation Code.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.90, eff. June 14, 2005.
Sec. 1232.1115.  CERTAIN CONSTRUCTION AND REPAIR PROJECTS AND EQUIPMENT PURCHASES;  GENERAL OBLIGATION BONDS.  (a)  The authority has the exclusive power to issue general obligation bonds under Section 50-f, Article III, Texas Constitution.  The board shall issue the bonds in a cumulative amount not to exceed $850 million for:
(1)  construction or repair projects in or outside Travis County that are administered by or on behalf of a state agency listed in Section 50-f, Article III, Texas Constitution, and authorized by the legislature in accordance with Section 1232.108;  or
(2)  the purchase of needed equipment by or on behalf of such an agency, and authorized by the legislature by the General Appropriations Act or other law.
(b)  The board shall provide for, issue, and sell the bonds in accordance with Section 50-f, Article III, Texas Constitution, and this chapter.  Proceeds from the sale of the bonds shall be invested as provided by this chapter.
(c)  Proceeds from the sale of the bonds may be spent on an authorized project or for the purchase of needed equipment only in accordance with the legislative appropriation of the proceeds.
Added by Acts 2001, 77th Leg., ch. 565, Sec. 1, eff. Nov. 6, 2001.
Text of section effective on Passage of SJR 65.
Sec. 1232.1116.  CERTAIN MAINTENANCE, IMPROVEMENT, REPAIR, AND CONSTRUCTION PROJECTS; GENERAL OBLIGATION BONDS.  (a)  The authority has the exclusive power to issue general obligation bonds under Section 50-g, Article III, Texas Constitution.  The board shall issue the bonds in a cumulative amount not to exceed $1 billion for:
(1)  maintenance, improvement, repair, and construction projects in or outside Travis County that are administered by or on behalf of a state agency listed in Section 50-g, Article III, Texas Constitution, and authorized by the legislature in accordance with Section 1232.108; or
(b)  The board shall provide for, issue, and sell the bonds in accordance with Section 50-g, Article III, Texas Constitution, and this chapter.  Proceeds from the sale of the bonds shall be invested as provided by this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1392 (S.B. 2033), Sec. 1.
Sec. 1232.112.  BOND REVIEW BOARD APPROVAL.  (a)  The authority may not issue obligations until the Bond Review Board has approved the issuance under Chapter 1231.
(b)  The Bond Review Board may not approve a bond issue unless a project analysis is submitted for approval as provided by Section 1232.114.
(c)  Refunding obligations of the authority must be approved by the Bond Review Board.
Sec. 1232.113.  OBLIGATION ISSUANCE ORIENTATION;  INFORMATION TO AND FROM CLIENT AGENCIES.  (a)  In this section, "client agency" means a state agency on whose behalf the board may issue obligations.
(b)  The authority shall develop an orientation to the obligation issuance process for the authority's client agencies.
(c)  The orientation must include:
(1)  information explaining the obligation issuance process in plain language;  and
(2)  an orientation meeting to be held before the issuance process begins.
(d)  As part of the orientation, a client agency shall provide to the authority:
(1)  detailed information concerning the project for which obligations are to be issued;
(2)  a description of the legislative authority for the issuance of the obligations;  and
(3)  the names of employees of the client agency who are designated to work with the authority in connection with the project.
(e)  The authority shall prepare information of interest to the authority's client agencies describing the functions of the authority and the procedures by which complaints are filed with and resolved by the authority.  The authority shall make the information available to its client agencies.
(f)  The board by rule shall establish methods by which client agencies are notified of the name, mailing address, and telephone number of the authority for the purpose of directing complaints to the authority.  The board may provide for that notification on a form provided to a client agency during the orientation.
Sec. 1232.114.  PROJECT ANALYSIS.  (a)  When the authority submits its application for approval of a bond issue to the Bond Review Board, the agency or institution that will use the project to be financed by the bonds shall submit to the Bond Review Board a project analysis of the project.  The project analysis must be in the form required for a project analysis requested from the commission under Sections 2166.151-2166.155.
(b)  This section does not apply to a minor renovation, repair, or construction project at a facility operated by the Texas Department of Criminal Justice for the imprisonment of individuals convicted of felonies other than state jail felonies, as defined by the department in cooperation with the commission.  Instead of submitting a project analysis, the department may substitute the master plan required to be submitted by Section 1401.121 if the master plan contains information substantially equivalent to the information required to be in a project analysis under Sections 2166.151-2166.155.
Sec. 1232.115.  EXPENSES INCLUDED IN PRINCIPAL AMOUNT.  (a)  The principal amount of obligations may include amounts required to pay required reserve funds, capitalized interest, the authority's administrative costs, issuing expenses, and other expenses associated with the authority's issuance and sale of the obligations.
(b)  The principal amount of obligations issued to finance the purchase of computer equipment that is the subject of a contingent appropriation under Subchapter B, Chapter 317, must be sufficient to cover any payments of principal and interest that must occur during the remainder of the biennium after the obligations are issued.
(c)  Because of the expenses specified by Subsection (a) and because the cost estimates for acquisition, construction, repair, or renovation of a project cannot be finally determined at the time the project is authorized for financing, the principal amount of any issuance of obligations may be an amount not to exceed 150 percent of the amount of the estimated cost for the project being financed.
(d)  Costs and expenses authorized by this section may not be included in the principal amount unless the board finds that those costs and expenses are necessary and reasonable at the time the obligations are issued.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.008, eff. Sept. 1, 2001.
Sec. 1232.116.  MANNER OF REPAYMENT.  (a)  The board may provide for the payment of the principal of and interest on obligations issued under this chapter:
(1)  by pledging all or part of the revenue derived from:
(A)  leasing a building or equipment to a state agency either directly or through the commission;  or
(B)  selling equipment on an installment basis to a state agency either directly or through the commission;  or
(2)  from any other funds lawfully available to the board.
(b)  From funds appropriated for paying rental charges or making installment payments on buildings or equipment, the commission or an occupying or using state agency shall pay to the board a rental or make installment payments on the buildings or equipment.
(c)  The board shall determine the amount of the rental or installment payments.  The amount must be sufficient to:
(1)  pay the principal of and interest on the obligations;
(2)  maintain any reserve fund required for servicing the obligations;  and
(3)  reimburse the authority for other costs incurred by it with respect to the obligations.
(d)  When the commission or another state agency is required by Subsection (b) to pay a rental to the authority and the commission or other state agency depends on receiving a rental from an occupying or using state agency to pay the authority, the commission or other state agency shall set the rental in an amount that is sufficient to pay the rental required by the board.
(e)  In addition to other sources of repayment provided by this section, the legislature by law may direct that money in the Texas capital trust fund account be used to pay the principal of and interest on bonds issued under this chapter for the acquisition or construction of a building.
(f)  The legislature may require the deposit into the Texas capital trust fund account of all or part of the proceeds of a transaction concerning a building.
Sec. 1232.117.  STATE DEBT NOT CREATED.  (a)  An obligation issued under this chapter is not a debt of the state or any state agency, political corporation, or political subdivision of the state and is not a pledge of the faith and credit of any of them.  A bond is payable solely from revenue as provided by this chapter.
(b)  An obligation issued under this chapter must contain on its face a statement to the effect that:
(1)  neither the state nor a state agency, political corporation, or political subdivision of the state is obligated to pay the principal of or interest on the obligation except as provided by this chapter;  and
(2)  neither the faith and credit nor the taxing power of the state or any state agency, political corporation, or political subdivision of the state is pledged to the payment of the principal of or interest on the obligation.
Sec. 1232.118.  ORDER OR RESOLUTION AUTHORIZING ISSUANCE OF OBLIGATIONS.  (a)  An order or resolution of the board authorizing the issuance of obligations, including refunding obligations, may provide for the flow of funds and the establishment and maintenance of the interest and sinking fund, the reserve fund, and other funds.
(b)  The order or resolution may:
(1)  prohibit the issuance of additional obligations payable from the pledged revenues;  or
(2)  preserve the right of the board to issue additional obligations that are on a parity with or subordinate to the lien and pledge on the revenue being used to support the obligations being issued pursuant to the order or resolution.
(c)  The order or resolution may contain any other provision or covenant determined by the board.
(d)  The board may make covenants with respect to the obligations, the pledged revenues, and the operation and maintenance of the buildings or equipment financed under this chapter.
Sec. 1232.119.  ADOPTION AND EXECUTION OF INSTRUMENTS.  The board may adopt and have executed any other proceeding or instrument necessary and convenient in the issuance of obligations.
Sec. 1232.1191.  DELEGATION OF AUTHORITY.  (a)  The board may delegate authority to negotiate contracts required for issuance of obligations to one or more of its employees or members.
(b)  The negotiation of a contract described by Subsection (a), including oral discussions with contractors, is not considered to be a meeting or a deliberation.
Sec. 1232.120.  EXEMPTION FROM TAXATION.  An obligation issued by the board, any transaction relating to the obligation, and profits made from the sale of the obligation are exempt from taxation by this state or by a municipality or other political subdivision of this state.
Sec. 1232.121.  CERTIFICATION AND DEPOSIT OF PROCEEDS OF OBLIGATIONS.  (a)  After issuing obligations, the board shall certify to the commission or the appropriate state agency and to the comptroller that the proceeds from the issuance are available.  The board shall deposit the proceeds in the state treasury.
(b)  The proceeds shall be credited to the account of the state agency that is responsible under an agreement for making rental or installment payments to the authority.
Sec. 1232.122.  COMMENCEMENT OF CONSTRUCTION, PURCHASE, OR LEASE.  The acquisition or construction of a building or the purchase or lease of equipment may begin after:
(1)  the authority has certified that obligations in an amount sufficient to pay the construction or purchase price of the project have been authorized for issuance by the authority and approved by the Bond Review Board;  or
(2)  the proceeds have been deposited into the state treasury and:
(A)  the comptroller has certified that the proceeds are available;
(B)  the reserve funds and capitalized interest, as certified by the authority as reasonably required, have been paid;  and
(C)  the costs of issuing the obligations, as certified by the authority, have been paid.
Sec. 1232.1221.  COMMENCEMENT OF CERTAIN MULTIYEAR CANCER-RELATED PROJECTS.  (a) Funds may be distributed to a grant recipient for a multiyear project for which an award is granted by the Cancer Prevention and Research Institute of Texas Oversight Committee as authorized by Section 102.257, Health and Safety Code, after the authority has certified that obligations in an amount sufficient to pay the money needed to fund the project have been authorized for issuance by the authority and approved by the Bond Review Board.
(b)  After issuing the obligations, the board shall:
(1)  pay the costs of the issuance and any related bond administrative costs of the authority;
(2)  certify to the Cancer Prevention and Research Institute of Texas and to the comptroller that the proceeds from the issuance are available; and
(3)  deposit the proceeds into the state treasury to be credited to the account of the Cancer Prevention and Research Institute of Texas.
Sec. 1232.123.  INVESTMENT OF BOND PROCEEDS.  (a)  With the board's concurrence, the comptroller shall invest the unexpended bond proceeds and investment income on bond proceeds in investments approved by law for the investment of state funds.
(b)  Investment income that the board determines is needed to finance the acquisition, construction, purchase, or lease of buildings or equipment and that is not required to be rebated to the federal government shall be credited to the account of the appropriate state agency.
(c)  Investment income that the board determines is not needed to finance the acquisition, construction, purchase, or lease of buildings or equipment and that is not required to be rebated to the federal government shall be credited to and accounted for in the state lease fund account.
(d)  Notwithstanding Section 404.071, the interest earned on the investment income that is deposited in the state lease fund account shall be credited to and accounted for in that account.
Sec. 1232.124.  PREFERENCE FOR TEXAS BUSINESSES.  If the authority contracts with a private entity to issue bonds under this chapter, the authority shall consider contracting with:
(1)  an entity that has a place of business in this state; and
(2)  a historically underutilized business as defined by Section 2161.001.
SUBCHAPTER D. LEASE AND CONVEYANCE OF PROPERTY BY AUTHORITY
Sec. 1232.201.  RENT AND FEES.  (a)  The commission or the appropriate state agency shall establish schedules necessary to properly charge occupying state agencies for the expenses incurred in financing the acquisition or construction of buildings in accordance with this chapter.
(b)  An occupying state agency shall, when the payments are due, pay to the commission, the appropriate state agency, or directly into the state lease fund account the amount determined by the commission.  Instead of payments by an occupying state agency, the legislature may appropriate money on the agency's behalf directly to the state lease fund account.
(c)  Payments received by the commission or another state agency under this section shall be deposited to the credit of the state lease fund account.
Sec. 1232.202.  CONTRACTS CONTINGENT ON LEGISLATIVE APPROPRIATIONS.  (a)  Each lease or installment sale contract entered into under this chapter is contingent on the legislature's appropriation of sufficient funds.
(b)  The board may act as necessary to ensure that the payment of the principal of and interest on obligations is continued without interruption if:
(1)  sufficient appropriated funds are unavailable;
(2)  the commission or another state agency fails to pay a rental or installment;  or
(3)  the commission or another state agency fails to renew a lease contract.
(c)  Permissible actions under Subsection (b) include:
(1)  the re-leasing or subleasing of buildings or equipment to any entity;  and
(2)  the repossession and resale of equipment to any entity.
Sec. 1232.203.  LEASE OF SPACE FOR CHILD CARE FACILITY.  (a)  The commission, when acting under Chapter 663, is not an occupying state agency for purposes of Section 1232.201.
(b)  The commission or the appropriate state agency shall include in the schedules developed under Section 1232.201(a) the method of charging state agencies that occupy all or part of a building to which Section 1232.201 applies for the space in the building that is used for a child-care facility under Chapters 663, 2165, and 2166.
(c)  An occupying agency's share shall be determined at least in part on the ratio of the number of the occupying agency's employees who work in the building to the total number of state employees who work in the building.
Sec. 1232.204.  LEASING PREFERENCE.  A building owned by the authority is considered state-owned space for the purposes of:
(1)  Section 2165.107;  and
(2)  child-care facility sites located in state-owned buildings under Chapters 663, 2165, and 2166.
Sec. 1232.205.  LEASE OF SPACE TO OUTSIDE ENTITIES.  The board may lease all or part of a building, the acquisition or construction of which was financed under this chapter, to any person if the building cannot be leased to the commission or another state agency.
Sec. 1232.206.  PROPERTY CONVEYANCE.  (a)  When the principal of and interest on obligations relating to equipment or a building financed under this chapter are fully paid and the equipment or building is free of all liens, the board shall certify to the commission or the appropriate state agency that rentals, payments, or installments are no longer required to pay the principal of and interest on the obligations.
(b)  When making the certification required by Subsection (a), the board shall, if necessary and for $1, convey the title of the equipment or building, including any real property, to the commission or the appropriate state agency.


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Justin Bent Killed In Motorcycle-Car Accident in North Fort Myers
Home » Blog » Motorcycle Accidents » Justin Bent Killed In Motorcycle-Car Accident in North Fort Myers
According to the Florida Highway Patrol, the crash happened on US 41 at the intersection of Arrowhead Boulevard in North Fort Myers.
Report says the crash happened on US 41 at the intersection of Arrowhead Boulevard in North Fort Myers.
The Florida Highway Patrol report says an 85-year-old man was attempting to make a left turn onto US Business 41 when the accident happened. He reportedly failed to yield the right of way to an oncoming Kawasaki Vulcan driven by a 35-year-old Justin Bent.
Bent was thrown from his bike and later pronounced dead at the scene.
The driver of the vehicle and his wife Virginia were both taken to the hospital for minor injuries.
FHP said the area where this crash happened has recently become a familiar place for them. There have been reports of four crashes alone on the 1.5 mile stretch between Pirates Rest Road and Island Vista Drive.
The crash in still under investigation and no charges has been filed yet.
Marc Anidjar, from the Law Firm of Anidjar and Levine, comments on this crash: "This was a serious accident in which a man lost his life in a motorcycle verses car crash. We wish the family of Mr. Bent our deepest condolences for their loss. At this time it is important for his family to contact and discuss next steps with an attorney that is experienced in how to handle the complexities of a tragedy like this. We at Anidjar & Levine wish to express our condolences to everyone connected to this tragedy."
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Home / Media / Nikola Jokic heaps enormous praise on Marc Gasol after Lakers defeat Nuggets
Nikola Jokic heaps enormous praise on Marc Gasol after Lakers defeat Nuggets
On Monday, the Los Angeles Lakers faced the monumental task of trying to contain Denver Nuggets big man Nikola Jokic.
Of course, Jokic is a leading candidate for the MVP award.
Lakers big man Marc Gasol helped his team accomplish the task, and afterward, he received praise from Jokic himself.
Nikola Jokic: "I think we all forget who Marc Gasol is. The guy who won two defensive players of the year."
— Mike Singer (@msinger) May 4, 2021
Ever since L.A. acquired Andre Drummond, Gasol has been in and out of the team's rotation. The Spanish native was the Lakers' starting center prior to Drummond coming on board.
On Monday, Jokic managed to score 32 points, but he shot just 12-of-28 from the field and was held to just five assists.
On the season, he's averaging 26.3 points, 10.9 rebounds and 8.5 assists per game while shooting 56.4 percent from the field.
L.A. was also aided by Anthony Davis, who continued to round back into top form with 25 points on the night.
In a game where both teams struggled to get going offensively, it was defense that got the Lakers the much-needed win.
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A historical station built in 1886 lies direct on the banks of Plön Lake in Schleswig Holstein. The listed building was gutted and newly designed, the idea being to create an open, flexible-use site and give it a special flair with lighting effects. The result was a Welcome Centre, with an integrated tourist information centre, a café with an outdoor terrace, a waiting room with a ticket office and a variable meeting area for events and seminars. The architects used the Aline/230 range as a perfect complement to the transparency and elegance of the interior. Planned by the Nagel firm of architects, our partner Stücker in Kiel executed the contract in 2008.


The images listed below are available as prints right now, but you can order a print of any of the photos just by sending an email. They would be the same prices as those listed for these two photos.
This entry was posted in photographs and tagged photography, sunset, winter, winter sunset on February 17, 2019 by Bernadette.


Credit card debt severely restricts your financial freedom. Despite a stable job or a good business, the debt affects your life in many ways. You cannot take big business decisions; neither can you use the money from your job to buy your dreams. Whenever there is an obstacle, there must be a solution. You cannot delay the solution anymore because this is a matter of your financial freedom. The solution is simple. You have to clear your debts no matter what. The only way to do that is to spend a lump sum amount for debt clearance. Since your income does not suffice, you would have to take out loans for the purpose. Fortunately, there are lenders providing you with bad credit loans.
You have to select the services of a suitable lender. Although the first thought that comes to your mind is to obtain the loan from the bank, that may not be possible directly. Banks would invariably check your credit score before considering your eligibility for the loan. Chances are, you would not get the loan approval because of your credit score. However, banks realize that in order to survive they should make sure their customers are surviving as well. Therefore, banks often reach out to customers indirectly through licensed lenders. These lenders can help you to get bad credit loans.
However, since you are obtaining loans despite bad credit, you must prepare tom pay extra for the purpose. The interest rates of these lenders are set by the banks indirectly, but they are often greater than the rate you should expect from a direct bank loan. So, do some research and find the lender with the most reasonable rates. Just checking out low-interest rates may not be sufficient because you have to pay the fees for the services as well. Confirm all these options before choosing a suitable lender for bad credit loans.
You should decide on the minimum amount that you should borrow. Some lenders have n obligatory amount that you have to borrow while others may not have these restrictions. See whether the minimum amount you require is available from the lender. There might be also a maximum amount, but that should not be of much concern as your objective is to get only the minimum amount required to cover your debt. The more you borrow, the more you would have to repay. Keep this in mind whenever you are borrowing money as bad credit loans.
Proceed with a plan. For example, you can start with debt consolidation with the credit card company. Since there are varied aspects of debt, estimating the actual debt amount can be confusing. Consolidation gets the entire amount under a single bracket so you have the figures ready. Now see how much time you have to repay this consolidated amount. Also enquire the percentage of this amount you are mandatory to repay. These factors would tell you how much you should borrow as bad credit loans.
You should see that you are moving towards financial freedom by clearing your debts. However, you should also realize that taking loan to cover up debts is only transferring the debt from one entity to another at a different (usually higher) rate. Besides these two entities, the credit card companies and the lender of bad credit loans are just two different faces of the same financial structure governed by the banks. Therefore, it all boils down to clearing your debt with the bank, directly or indirectly.


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Robert Jenrick Faces Calls To Resign After 'Unlawfully' Approving Tory Donor's £1bn Housing Project
Graeme Demianyk
29 May 2020, 4:07 pm ·5-min read
Housing secretary Robert Jenrick is facing calls to resign after he admitted "unlawfully" signing off a 1,500-home development that saved a Tory Party donor millions of pounds.
The £1bn project on the former Westferry Printworks site on London's Isle of Dogs was approved in January by Jenrick – a last-minute reprieve after the council and then the independent Planning Inspectorate both deciding it should be refused. They had said it lacked enough affordable housing and conflicted with local conservation policy.
But the housing secretary's decision came just a day before Tower Hamlets Council approved a new rate for its Community Infrastructure Levy (CIL) – a move that would have increased the property owner's financial liability to the local authority by between £30m and £50m.
That money would have been spent mitigating the impact of the development on the local area, and improving local services. Instead, thanks to Jenrick's timing, it stayed in the pocket of the developer.
Now Boris Johnson is under pressure to reveal what knowledge, if any, he had of the deal.
The building used to be the Daily Express printworks on the Millwall waterfront. The land is owned by Northern & Shell, which is in turn owned by publishing magnate and former Tory donor Richard Desmond.
Jenrick, who faced criticism for his approach to social distancing during the coronavirus outbreak, has been labelled "unfit to continue to serve" after denying vital investment in east London where affordable housing is scarce.
The Labour Party has also written to the cabinet secretary Sir Mark Sedwill calling for an investigation into the matter.
Apsana Begum, Labour MP for Poplar and Limehouse – the constituency that includes the printworks – told HuffPost UK: "We have one of the highest rates of child poverty in the entire country and struggle with the near-impossible situation of having soaring monthly rents, which all too often mean people, particularly those on low incomes, are faced with an increased risk of homelessness.
"This whole debacle is further evidence that this government is more interested in serving billionaires rather than local people.
"The housing minister – whose properties include a £1.1m mansion built by an 18th century slave-trader – should consider his position given the alleged revelations surrounding the quashing of the planning permission for the huge Westferry Printworks scheme."
The council began legal action in March, alleging that the timing of the decision appeared to show bias. It asked the High Court to order the government to disclose documents that, it argued, would show Jenrick was influenced by a desire to help Desmond save money by avoiding the charges.
Faced with the prospect of having to publicly release documents relating to the case, Jenrick accepted his decision letter was "unlawful by reason of apparent bias" and confirmed it was deliberately issued before the new CIL policy could be adopted. He agreed planning permission should be quashed and decided by a different minister.
This whole debacle is further evidence that this government is more interested in serving billionaires rather than local people. Local MP Apsana Begum
Housing secretary Robert Jenrick. (Photo: ASSOCIATED PRESS)
The story was originally reported by the East London Advertiser last week and followed up by The Times on Wednesday. In an editorial, the national newspaper called for further "scrutiny". "It is an extraordinary admission that requires an explanation rather than just passing the decision on to another minister," it said.
Now political parties are demanding answers amid claims the controversy has been masked by Dominic Cummings dominating the headlines.
In his letter to the cabinet secretary, Labour's shadow housing and planning minister Mike Amesbury wrote: "The consequence of Mr Jenrick's decision was to save a developer a very great amount of money and [gives] rise to serious questions which require answers."
In a further statement, he added: "Serious questions need to be answered about why this decision was taken, a decision which could have saved a Conservative donor tens of millions of pounds, and in the process deprived local residents of vital infrastructure funding.
"It's essential that we have transparency in processes such as this so that trust can be maintained in our housing and planning system.
"I hope the Cabinet Office will uphold this spirit of transparency, do the right thing and conduct a thorough investigation into the events around this decision."
Amesbury said the investigation should establish what discussions were held between Jenrick or his office and the developer, and what knowledge prime minister Boris Johnson had of the case, if any.
The party wants the correspondence that Jenrick avoided handing over to be published.
And Labour wants to know how it can trust the decision when it is taken again by a different cabinet member.
Tim Farron, Liberal Democrat housing, communities and local government spokesperson, told HuffPost UK: "Jenrick's calculated decision to sign off a huge development just in time to save a party donor millions exposes something rotten at the heart of this Conservative government.
"This is yet another example of Tory ministers showing it is one rule for them and their cronies, and another for everyone else.
"If the minister accepts his decision to sign off the project was unlawful, then he should also accept that he is unfit to continue to serve in that role."
Labour peer Lord Andrew Adonis has called for the Metropolitan Police to look into the matter, and the Conservative Party leader in Tower Hamlets has resigned from the party altogether because it looks "very suspicious".
In an interview with Sky News on Wednesday, Jenrick told Adam Boulton the application was decided "on its merits" and done "without any actual bias".
He added: "But clearly the way that the process was run gave rise to some concerns and so that's why we've chosen to quash the decision."
The Ministry of Housing, Communities and Local Government said: "While we reject the suggestion that there was any actual bias in the decision, we have agreed that the application will be redetermined."
Call For Police To Investigate Housing Secretary Over £30m Planning Favour For Tory Donor Richard Desmond
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This article originally appeared on HuffPost.
Bridgerton actress reveals she thought playing non-white character in Vanity Fair was her only chance to be in a period drama
A mixed-race Bridgerton actress said she feared Vanity Fair was her only chance of playing a period role, as there are few opportunities for non-white stars in that genre. Kathryn Drysdale spoke to Anita Rani, the new Woman's Hour host, on her first show presenting the programme. The actress, who found success opposite Reese Witherspoon in the 2004 adaptation of Vanity Fair, now plays Genevive Delacroix, a dressmaker, on Netflix hit Bridgerton. The Regency drama has been a hit over lockdown, with 63 million viewers, and has fans young and old enjoying the colourful and scandalous escapist show. Ms Drysdale told the presenter she was excited the show became such a hit, explaining: "I would describe it as a Regency Romance, it's soapy fiction, it's scandal, it's sexy, it's beautiful to look at, lots of colour, beautiful, escapism, it's diverse." She said she always wanted to play a part in a period drama, and had long harboured hopes of playing mixed-race heiress Rhoda Swartz, one of the only obviously non-white characters in work from the era. The actress added: "I am obsessed with Regency romance but there aren't many opportunities. "When I was younger, I read the novel Vanity Fair and I knew that was the only literary figure around that time that was mixed race, so when I was younger I thought I play this when I become an actress I have to play this role, as it's my only shot at doing a historical period drama. "When I got that I was just squealing as you knew there was an actual chance of being part of something that a Caucasian actress may take for granted." Rani, a familiar face on BBC television, joined Emma Barnett on the flagship programme. Together they are the youngest presenting duo in the show's history: Rani is 43 and Barnett is 35. The Radio 4 controller, Mohit Bakaya, is keen to widen the audience for the station and bring in younger listeners. The average listener age is 56. Rani will present the show on Fridays and Saturdays, while Barnett is the main Monday-Thursday host.
Sky video
COVID-19: 'Patients are younger and sicker than in the first wave'
David Parrott is just 19 years old and he sits in isolation wearing an oxygen mask that help his COVID-ravaged lungs to breathe.


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Compsibidion cleophile is a species of beetle in the family Cerambycidae. It was described by Thomson in 1865.

References

Compsibidion
Beetles described in 1865

redpajama_set_name: RedPajamaWikipedia


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MUNY-Buffalo Starts Up on July 6th under Leadership of MSBL Hall of Famer Ralph Proulx
By Men's Senior Baseball League | July 15, 2020
By Steve LaMontia, Director of Communications
The MUNY-Buffalo MSBL, based in Buffalo, New York and its suburbs, came about in the late 80's when the long-standing MUNY leagues, which began in 1910, started to disband their multiple leagues. The MUNY–MSBL was then formed. Now headed by Ralph Proulx, who took over the leadership in 1992, the league began their 2020 campaign on July 6th with play in 25+, 35+ and 45+ divisions.
"When I took over in the early nineties, we had six teams in a single 25-over division," said Proulx. "This year we totaled 13 teams but usually have over 20. Some teams didn't play because of the virus and some come across from Canada so they were stopped from being able to come in. They have all vowed to be back in 2021 so we'll be fine."
The 64-year old Proulx continues to play and coach in the league and has been a fixture at MSBL national tournaments for a couple of decades. He still holds down first base and second base when called into action.
"I manage a 25-over team in our league and then play in our 35+ and 45+ divisions, as well as manage. I still go to the MSBL World Series in Arizona with Team Victory as a player and look forward to it every year. I also go to the Fall Classic with the East Coast Cardinals as a third base coach."
What special considerations have you implemented in the league to combat the virus?
"The tricky part is that we play at town parks and every county is different. I filled out paperwork for a month! We put all of the county guidelines together in one comprehensive list and sent it to everyone. For example, we encourage no sharing of gloves, bats or equipment, use hand sanitizers frequently, keep socially distanced, no high-fives or handshakes, masks recommended but not required, email lineups before the game and if you're sick stay home. Most of the players have been really good about it.
We didn't implement any critically special rules and simply asked everyone to be smart. All of our managers were in favor of playing the game as normally as possible. Our umpires decided to stay behind the plate and it is also recommended they wear a mask, though not while on the infield. Our infection rate in this region is very low, which helps."
In a normal year the MUNY-Buffalo MSBL usually starts in April and finishes by the end of August. A decision had to be made as to whether to bundle the shorter season in 2020 into additional nights or double-headers or to even extend the season to get in the same amount of games, with slight modifications. The 25+ teams look to finish their playoffs by the end of August and the 35's the end of September. The 45's aren't planning on any playoffs, primarily because of a diamond shortage.
"The players said they didn't want to commit to additional days of playing, as well as the cost, so we'll simply have a regular season with fewer games and regroup next year."
Since Ralph has been in charge for so many years there must be great satisfaction in being at the helm. What is the driving force behind it all?
"It's the ability to continually allow people at an older age to play baseball. I still have new guys, even in our 45's, who have not played for many years. We generally have the same guys who have played together through all of the divisions so they hit the 45's and are all still together. The success of our league's longevity is from people moving up. There just aren't enough people in our area to come in as a team and start playing in an older division. Our league just wouldn't work without the passion and hard work from our managers and our camaraderie throughout the years."


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About Child Advocates
What is Child Advocates, Inc.?
Child Advocates, Inc. is a private nonprofit organization that is Harris County's Court Appointed Special Advocate (CASA) program. We mobilize Court Appointed Advocate volunteers to break the cycle of child abuse. We speak up for abused children who are lost in the system and guide them into safe environments where they can thrive. Child Advocates volunteers serve children who have been placed in foster care because they can no longer live safely at home. Our volunteers are appointed by juvenile and family court judges to serve as a child's "guardian ad litem," which gives them the power to make a profound difference in that child's life.
What happens to children who fall through the cracks in the system?
So often we end up seeing them on the five o'clock news, once they've been abused to death or acted out their pain on society by committing a crime. Research shows children who grow up in foster care are more likely to experience homelessness, unemployment, unplanned pregnancy and substance abuse. They are also less likely to receive a high school diploma or earn enough to support themselves. On top of these challenges, many of these children grow up with no idea of what it means to be a member of a healthy and loving family. They do not receive help to deal with the trauma they have suffered and they don't learn how to trust, cope and grow. As a result, they frequently abuse or neglect their own children, and the cycle of family violence continues. Child Advocates is an effective solution to the epidemic of child abuse because our volunteers ensure children exit the foster care system as quickly as possible so they can grow up in loving, permanent homes.
How does Child Advocates operate?
Our work begins after children who have experienced life-threatening abuse or neglect are removed from their home by Child Protective Services (CPS) and placed into a foster home. These children will remain in foster care until a Harris County judge decides where they should live on a permanent basis. State law requires the judge to make a decision regarding their permanent placement within 12 months of the date of removal. One six-month extension can be granted under extenuating circumstances. Our services may be requested by any party to the case, including the judge, the child's parents or even one of the children.
Each of our volunteers has completed a 30-hour training course called Advocacy University, taught by Child Advocates staff. Prominent professionals such as judges and CPS employees also teach some portions of the training sessions. After graduating from AU, clearing all background checks and being sworn in by a judge, the volunteers are assigned to a case under the supervision of one of Child Advocates' professional caseworkers, known as Advocacy Coordinators (ACs).
Teaming each AC with many court appointed advocate volunteers enables each volunteer to concentrate 100 percent of his or her time and energy on only one case while allowing for constant advice, guidance and problem-solving assistance from an expert in the field. Using this approach, Child Advocates is able to leverage each paid professional social worker through many passionate volunteers to serve more children without incurring additional staffing costs. Each AC supervises fewer than 24 volunteers and each volunteer is assigned to only one case (or under unique circumstances two or three cases) at a time.
What does a court appointed advocate do?
Once appointed by a judge, our court appointed advocate volunteers begin a process of information gathering with the goal of guiding abused children out of the foster care system. They identify the child's needs and ensure they receive critical rehabilitative services. They act as a communications link between the child, the courts and everyone involved in the case, including parents, caregivers, relatives, caseworkers, attorneys and therapists. Volunteers gather all the pertinent information about their child's case and make recommendations to the judge based on that information.
Volunteers provide a continuum of services customized to meet each child's needs. They locate vital therapeutic and rehabilitative services for the children we serve to help them deal with the trauma of abuse. They also link the children with the wide variety of esteem-boosting activities that Child Advocates provides, such as birthday parties, trips to watch sporting events or visits to the zoo. As volunteers identify specific unmet needs, they work with our Special Needs Program to find a solution, such as buying bunk beds for children who have to sleep on the floor.
Volunteers work in tandem with a staff Advocacy Coordinator who guides their casework and supports the efforts of the volunteer. Our staff members attend family visits with their volunteers, teach them how to most effectively testify in court and offer advice on working with children and families from diverse backgrounds.
What type of person makes a good Child Advocates volunteer?
Volunteers come from all careers, cultures, educational backgrounds, ages, and experiences - that's what makes this program work. The primary requirements for being a court appointed advocate volunteer with Child Advocates are that you have a genuine interest in the well being of children, are a proactive communicator and complete our Advocacy University training course. Court appointed advocate volunteers are objective, responsible, committed, persistent and understand the important role they have in a child's life. Both men and women are needed as volunteers and you need to be at least 21 years of age.
How much time does it take to be a Child Advocates' volunteer?
In the same amount of time you spend each week doing something ordinary, like attending a movie, you can do something extraordinary: change the life of an abused child. Volunteers average 2 to 5 hours of casework per week (8 to 20 hours per month). Most of our volunteers work full-time jobs of their own.
What are Child Advocates' goals and what progress has been made toward achieving those goals?
On any given day, there are nearly 4,000 children in foster care in Harris County -- more than any other county in Texas. In fact, Harris County has more children in foster care than 20 other states. Yet high caseloads prevent CPS caseworkers from giving these children the individual attention they deserve.
The long-term goal of Child Advocates is to provide a court appointed volunteer to serve as guardian ad litem for every child who needs one in Harris County. Our immediate goal is to break the vicious cycle of child abuse for every child we serve. Each year, we strive to recruit new volunteers and retain tenured volunteers so we can serve more children who might otherwise get lost in the system.
How does Child Advocates measure its progress toward achieving its goals?
Child Advocates evaluates the success of the Court Services Program by collecting statistics that are analyzed on a monthly and quarterly basis. The primary statistics include number of cases served, children served, active volunteers, volunteers trained, volunteer hours, length of case, demographics of children, and case outcomes. Analyzing these statistics allows our program team to track our progress toward meeting our annual goals and helps us gauge the effectiveness of our advocacy.
A multi-year longitudinal study conducted in conjunction with the Hogg Foundation for Mental Health and the University of Houston Psychology Department confirmed that our work makes a difference in the lives of the children we serve. The study found that children who have a court appointed advocate have greater self-esteem, can control deviant behavior, have a positive attitude toward the future, value achievement, and work well with others. Also, more mothers and fathers of children with a court appointed advocate were offered and completed counseling services, psychiatric evaluations, drug and alcohol counseling, and GED education than those receiving assistance solely from the Harris County Department of Family and Protective Services (HCDFPS). Additionally, more children without a court appointed advocate were in emergency shelters and therapeutic foster homes than children with a court appointed advocate. Fewer home placement changes occurred for children who had a court appointed advocate and they were less likely to re-enter the foster care system once they found the right home than children served by HCDFPS alone.
Does Child Advocates have the resources to meet its goals?
Child Advocates enjoys great support throughout the community. We receive the majority of our funding through donations from foundations, corporations, churches and individuals. We are not a United Way agency and do not charge a fee for our service to children.
Thanks to the extraordinary generosity of our supporters, we broke all previous organizational records in 2008, 2009, 2010, 2011 and 2012 -- serving more children, maintaining more volunteers who worked more volunteer hours, and exceeding our previous revenue record -- in spite of the economic downturn.
Perhaps the strongest measure of our community support and program sustainability are the more than 1,000 individuals who volunteer to serve each year as members of our Board of Directors, Advisory Board, the Friends of Child Advocates or the Young Professionals for Children, as court appointed volunteers and in other roles. Throughout the years, we have trained more than 5,500 advocate volunteers and served over 25,000 abused children.
Advocacy University - February 2023
2023 Pull for Kids Classic