LCA C.S.H.B. 2687 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2687
By: Coleman
Public Education
4/28/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, a school district (district) may pledge delinquent
maintenance taxes for specific school years as security for loans for the
payment of maintenance expenditures.  This law may be interpreted to mean
that a district may only pledge taxes that are delinquent at the time when
the loan is made, which limits a district's ability to borrow against those
taxes.  Current law is also unclear regarding a district's ability to
pledge maintenance taxes toward the payment of an environmental note or its
ability to issue notes to finance the cost of labor and materials involved
in the installation of capital acquisitions financed by the district. 

C.S.H.B. 2687 amends Chapter 45, Education Code (School District Funds), to
allow a district to borrow against specific past, current, and future
school years' delinquent maintenance taxes and to issue notes and other
securities with a maximum maturity of 20 years, payable from those
delinquent taxes.  This bill also amends Chapter 271, Local Government Code
(Purchasing and Contracting), to establish a district's authority to pledge
maintenance taxes toward the cost of environmental cleanup and asbestos
removal, and to establish a district's authority to issue notes to finance
costs associated with the installation of capital acquisitions.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 45.104(a) and (c), Education Code, as follows:

(a)  Provides that the board of trustees of a school district (board) may
pledge certain delinquent taxes for specific past, current,  and future
school years as security for a loan, and may evidence the loan with
negotiable notes that must mature in not more than 20 years from issuance. 

(c)  Provides that funds secured through loans secured by delinquent taxes
may be used for costs incurred in connection with environmental cleanup and
asbestos removal programs, and maintenance, repair, rehabilitation, or
replacement of certain specified building systems.   

SECTION 2.  Amends Sections 45.108(a), (b), and (d), Education Code, as
follows: 

(a)  Provides that loans for the purpose of paying maintenance expenses may
be secured by a lien on and pledge of any available funds in the district,
including proceeds of a maintenance tax.  Provides that the terms
"maintenance expenses" and "maintenance expenditures" include costs
incurred in connection with the maintenance, repair, rehabilitation, or
repair of certain specified building systems.  Provides that notes issued
pursuant to this section, rather than an environmental cleanup and asbestos
cleanup and removal program, may mature in not more than 20, rather than
15, years from their date. 

(b)  Provides that notes for a term of less than one year may be issued
under this section only after a budget has been adopted for the current
school year. 
 
(d)  Provides that a note issued under this section for a term of less than
one year may contain a certain certification that is sufficient evidence
that the note is a valid obligation of the district. 

SECTION 3.  Amends Section 271.003(8), Local Government Code, to provide
that the term "personal property" includes all materials and labor incident
to the installation of that personal property. 

SECTION 4.  Amends Section 271.005, Local Government Code, by adding
Subsection (b), as follows: 

(b)  Provides that a governing body of a governmental agency may contract
under this section for materials and labor incident to the installation of
personal property. 

SECTION 6.  Amends Section 271.007(b), Local Government Code, to provide
that the legal obligation of the lessor, vendor, or supplier of the person
installing personal property to the governmental agency is not diminished
in any respect by the approval and registration of the contract. 

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 2 to reinstate text
defining "maintenance expenses" or "maintenance expenditures" as any lawful
expenditure of the school district other than payment of principal or
interest on bonds. 

The substitute modifies the original by adding new SECTION 3, which amends
Section 271.003(8), Local Government Code (Definitions), to provide that
"personal property" includes materials and labor incident to the
installation of personal property as defined under that section. 

SECTIONS 3 through 5 of the original are redesignated to SECTIONS 4 through
6 of the substitute.