CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY RESEARCH AUTHORITY

State Codes and Statutes

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GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE

AND LOCAL GOVERNMENTS

CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY RESEARCH

AUTHORITY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2301.001. DEFINITIONS. In this chapter:

(1) "Agreement" includes a contract or lease.

(2) "Authority" means a research authority created under this

chapter.

(3) "Board" means the board of directors of an authority.

(4) "Bond" means any type of obligation issued by an authority

under this chapter, including any bond, note, draft, bill,

warrant, debenture, interim certificate, revenue or bond

anticipation note, any form of contract the authority considers

appropriate for the purchase of property including an installment

purchase, conditional purchase, or lease with option to purchase,

or other evidence of indebtedness.

(5) "Eligible project" means a project necessary or incidental

to the super collider facility and its neighboring communities,

including the acquisition, construction, operation, maintenance,

or enhancement of:

(A) roads, bridges, and rights of way;

(B) housing;

(D) police, fire, medical, cultural, educational, and research

services, equipment, institutions, and resources;

(E) other community support services;

(F) flood control, water, and wastewater treatment facilities;

(G) other infrastructure improvements; and

(H) rights useful in connection with the super collider facility

and its neighboring communities.

(6) "Public entity" means any county, municipality, district or

authority created under Article III, Section 52, or Article XVI,

Section 59, of the Texas Constitution, or other political or

corporate body of the state.

(7) "Super collider facility" means any superconducting super

collider high-energy research facility that is or is proposed to

be sponsored, authorized, and funded in part by the United States

government.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.002. ESTABLISHMENT OF AUTHORITY. (a) Two or more

public entities, by adopting substantially identical resolutions,

orders, or ordinances, may establish a research authority and

specify the authority's powers consistent with this chapter.

(b) The name of an authority must include the name or

description of the area of the state in which the super collider

facility is located or proposed to be located.

(1) by adopting a resolution, order, or ordinance substantially

identical to those by which the authority is established; and

(2) on attaining the consent of the public entities that

established the authority or that are subsequently added.

(d) Subject to the terms of an agreement entered into by an

authority, public entities comprising the authority may amend

their resolutions, orders, or ordinances establishing an

authority by the adoption of substantially identical amending

resolutions, orders, or ordinances.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.003. BOARD OF DIRECTORS. (a) An authority is

governed by a board of directors composed of the number of

directors determined by the resolutions, orders, or ordinances

governing the authority. Directors serve two-year terms expiring

June 1 of each odd-numbered year.

(b) The board shall elect a presiding officer from among its

members.

participating public entity may serve as a director.

(d) A director, officer, or employee of an authority may not

have a personal interest, other than in the individual's official

capacity, in an agreement executed by the authority.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.004. PAYMENT FROM AD VALOREM TAXES. (a) An agreement

that is between one or more public entities and an authority and

includes payments in whole or in part from ad valorem taxes

levied by the public entity may provide that the authority shall

establish a uniform tax rate that each participating public

entity is obligated to levy and collect for the authority and pay

to the authority as provided by the agreement. The rate

established by the authority may not exceed any maximum rate in

the agreement.

(b) A payment under an agreement under this section that is made

in whole or in part from ad valorem taxes is payment of principal

and interest on an evidence of indebtedness of the public entity

for the purposes of Section 26.04, Tax Code, regardless of

whether the agreement constitutes "debt" within the meaning of

that section or pays the principal and interest on bonds of the

authority.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.005. WRITTEN CONTRACT REQUIREMENTS. (a) A county may

not contract with an authority providing for periodic payments to

be made by the county for longer than one year unless the

authority also contracts as provided by Subsection (b) with at

least two other counties.

(b) Each contract executed under this section must:

(1) be in writing;

(2) be in substantially the same form, except as to the source

and timing of funds to be paid under the contract;

(3) provide that funds or any amounts earned from the investment

of those funds received by the authority under the contract may

not be used for payment of salary to an employee of the

authority; and

(4) provide that funds received by the authority under the

contract may be used only to pay or reimburse the costs of the

acquisition of land or an interest in land or to pay expenses or

other costs incidental to that acquisition.

are determined according to a uniform amount for each motor

vehicle registered in the county does not make the contracts have

a different form.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.006. TAX EXEMPTION. An authority and its property,

income, and operations are exempt from taxes imposed by the

state, an agency or instrumentality of this state, or a public

entity of the state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.007. LOANS AND GRANTS. A public entity may make loans

and grants of public money or property for eligible projects that

contribute to the public purposes of development and

diversification of the economy of the state, the elimination of

underemployment and unemployment in the state, or the development

or expansion of transportation or commerce in the state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER B. POWERS OF AN AUTHORITY

Sec. 2301.031. DESCRIPTION OF AUTHORITY. An authority is a

political and corporate body and a political subdivision of this

state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.032. AUTHORITY TO BRING SUIT. An authority may sue

and be sued.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.033. AGREEMENTS. An authority may make agreements

with and accept donations, grants, and loans from any person,

including the United States, this state, a department or agency

of this state, a public entity, and a public or private

corporation, including those public entities creating the

authority.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.034. ACQUISITION OF PROPERTY. An authority may:

(1) without taking competitive bids, acquire, convey, grant,

loan, pledge, mortgage, grant a security interest in, or

otherwise dispose of any land, easement, road, bridge,

infrastructure improvement, other property or improvement,

service or cash, or interest in any of the items described by

this subdivision that will permit or aid in the accomplishment of

the purposes of this chapter; and

(2) exercise the power of eminent domain to acquire land,

easements, and property interests as determined to be necessary

by the board for eligible projects, including the power to

acquire fee title in land condemned.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.035. FUNDS. An authority may:

(1) make loans to public or private entities to fund eligible

projects;

(2) issue bonds to fund eligible projects; and

(3) encumber its property, pledge its revenues, and enter credit

agreements, as defined by Section 1371.001, to secure its bonds.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.243, eff.

Sept. 1, 2001.

Sec. 2301.036. ELIGIBLE PROJECTS. An authority may:

(1) undertake eligible projects;

(2) adopt and enforce reasonable rules to carry out the

authority's purposes, to secure and maintain safe, efficient, and

normal operation and maintenance of the super collider facility

and its eligible projects, and to regulate privileges on any

land, easement, or property interest adjoining the site of the

super collider facility to prevent activities on the adjoining

land, easement, or property interest that could adversely affect

the safe, efficient, and normal operation and maintenance of the

super collider facility or its eligible projects; and

(3) exercise any power necessary or useful to an eligible

project.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.037. EXERCISE OF OTHER POWERS. An authority may:

(1) adopt bylaws and exercise any power consistent with this

chapter and the resolutions, orders, or ordinances creating the

authority; and

(2) perform any act necessary for the full exercise of the

powers vested in the authority and exercise any power, right, or

duty that will permit accomplishment of the purposes of the

authority.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER C. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES

Sec. 2301.061. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES TO

ACT. A public entity or state agency may carry out the purposes

of this chapter without any further authorization.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.062. AGREEMENTS. A public entity or state agency may

make agreements with and accept donations, grants, and loans from

any person, including the United States, this state, a department

or agency of this state, a public entity, and a public or private

corporation, including any authority.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

609, Sec. 6, eff. June 15, 2007.

Sec. 2301.063. ACQUISITION OF PROPERTY. A public entity or

state agency may without taking competitive bids, acquire,

convey, grant, loan, pledge, mortgage, grant a security interest

in, or otherwise dispose of any land, easement, road, bridge,

infrastructure improvement, or other property or improvement,

service or cash, or interest in any item described by this

subdivision that will permit or aid in the accomplishment of the

purposes of this chapter.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.0635. NOTICE OF CERTAIN LEASES TO TAX APPRAISAL

OFFICE. (a) A public entity or state agency that owns real

property or a facility acquired under this chapter shall notify

the tax appraisal office for the county in which the property is

located of any possessory interest in the property, including a

leasehold, that on January 1 is held by another person.

(b) Notice under this section is given by delivering to the tax

appraisal office, not later than May 1, a copy of each instrument

evidencing the conveyance of a possessory interest in the

property.

appraiser of the tax appraisal office determines that additional

information relating to the conveyance of the possessory interest

is necessary for the appraisal of that interest for ad valorem

tax purposes, the chief appraiser may request the public entity

or state agency to provide the additional information. If the

chief appraiser requests additional information under this

subsection, the public entity or state agency shall deliver the

requested information to the tax appraisal office, or notify the

chief tax appraisal office that it does not possess the requested

information, before the 30th day after the date of the request.

Added by Acts 1995, 74th Leg., ch. 177, Sec. 1, eff. Aug. 28,

1995.

Sec. 2301.064. USE OF FUNDS. A public entity or state agency

may:

(1) use its funds, including tax revenues, to plan, acquire,

construct, own, operate, maintain, or enhance eligible projects,

including, in the case of a public entity, eligible projects

located outside the jurisdiction or boundaries of the public

entity if the governing body of the public entity determines that

the project will contribute to the development and

diversification of the economy, the elimination of unemployment

or underemployment, or the development or expansion of commerce

within the public entity;

(2) levy taxes to provide for payment of amounts required under

agreements with any person, including the United States, the

state, a department and agency of this state, a public entity,

and a public or private corporation, including any authority;

and

(3) pledge tax revenue to the payment of agreements.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

609, Sec. 6, eff. June 15, 2007.

Sec. 2301.065. ELIGIBLE PROJECTS. (a) A public entity or state

agency may:

(1) participate in or undertake eligible projects; and

(2) adopt and enforce reasonable rules:

(A) to secure and maintain safe, efficient, and normal operation

and maintenance of the super collider facility and its eligible

projects;

(B) in the case of a public entity, to regulate privileges on

any land, easement, or property interest that is located within

the jurisdiction or boundaries of the public entity and that

adjoins the super collider facility site; and

adjoining land, easement, or property interest that would

adversely affect the safe, efficient, and normal operation and

maintenance of the super collider facility or its eligible

projects.

(b) A state agency may not exercise any rule-making powers under

Subsection (a).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.066. EFFECT ON OTHER LAWS. This subchapter does not

change the power of the state or any state agency to levy,

collect, or set rates of taxes.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.067. ENFORCEMENT OF REGULATIONS. (a) A person who

violates a rule adopted under Sections 2301.036 and 2301.065

commits an offense. An offense under this subsection is a Class C

misdemeanor.

(b) Public entities and an authority are encouraged to cooperate

in the adoption and enforcement of rules to achieve a uniformity

of standards applicable to the regulation of privileges and

activities on any land, easement, or property interest adjoining

the super collider facility site.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.068. ELECTIONS. (a) A public entity may enter an

agreement payable by taxes or otherwise without authorization

through an election, if the transaction is not a bond or

obligation of a public entity issued for making loans or grants

payable from ad valorem taxes, within the meaning of Article III,

Section 52-a, of the Texas Constitution.

(b) An election required by the Texas Constitution to be held by

the public entity to authorize an agreement proposed to be made

under this chapter shall be held under the applicable law

governing bond elections for the public entity.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

SUBCHAPTER D. BONDS AND OTHER FUNDS

Sec. 2301.091. BONDS. (a) By resolution, an authority may

authorize the issuance, sale, and delivery of bonds for the

accomplishment of its purposes.

(b) Any bonds that are payable from ad valorem taxes levied by a

public entity to pay principal and interest on bonds of an

authority may be issued only after an affirmative vote of the

qualified voters of the public entities that comprise the

authority.

the powers granted to industrial development corporations by

Sections 501.054, 501.059, 501.060, 501.064(a), 501.067, 501.074,

501.153(a), 501.154, 501.155, 501.159, 501.201(a), 501.210(b),

501.214, and 501.402, Local Government Code, except the

limitations provided by Section 501.064(c), Local Government

Code, and Sections 501.153(b), 501.208(a), (c), and (e), 501.209,

501.210, and 501.213, Local Government Code, but is otherwise

governed by this chapter.

(d) In issuing bonds, an authority may exercise the powers

granted to the governing body of an issuer relating to the

issuance of obligations under Chapter 1371.

(e) The bonds may not be a debt or pledge of the faith and

credit of the state, the authority, or a public entity, but may

be payable solely from revenues arising under this chapter, from

grants provided by the United States, the state, a department or

agency of this state, public or private entities, or from

agreements with public or private entities.

(f) As determined by the board, an authority may pledge to the

payment of any bond the revenues of all or part of the eligible

projects acquired or undertaken by the authority.

(g) A bond issued by an authority shall contain on its face a

statement of the limitation in Subsections (e) and (f).

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.244, eff.

Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

885, Sec. 3.11, eff. April 1, 2009.

Sec. 2301.092. ISSUANCE OF BONDS. (a) Bonds authorized under

Section 2301.091 may be executed and delivered as a single issue

or as several issues and may be in any denomination and form,

including registered uncertified obligations not represented by

written instruments and commonly known as book-entry obligations,

for which the registration of ownership and transfer shall be

provided by the authority under a system of books and records

maintained by a financial institution domiciled inside or outside

the state and serving as trustee, paying agent, or bond

registrar.

(b) The bonds of an authority must be signed by the presiding

officer or assistant presiding officer of the authority, be

attested by the secretary, and bear the seal of the authority.

The signatures may be printed or lithographed on the bonds if

authorized by the authority, and the seal may be impressed,

lithographed, or printed on the bonds.

of an individual who has been an officer of the authority,

regardless of whether the individual has ceased to be an officer

at the time the bonds are delivered to a purchaser.

(d) The bonds must mature serially or otherwise not to exceed 40

years after their respective dates of issuance and may be sold at

a public or private sale at a price or under terms determined by

the authority to be the most advantageous reasonably obtainable.

(e) The bonds may bear no interest or a rate of interest

determined by the authority or by a contractual agreement

approved by the authority, but may not exceed the maximum net

effective interest rate allowed by Chapter 1204.

(f) The bonds may be subject to redemption before maturity at

times and prices approved by the authority.

(g) The bonds are subject to review and approval by the attorney

general in the same manner and with the same effect as is

provided by Chapter 1371.

(h) The bonds are legal and authorized investments for a bank,

trust company, savings and loan association, insurance company,

fiduciary, trustee, or guardian or a sinking fund of a

municipality, county, school district, or other political

subdivision of this state.

(i) The bonds may be used to secure deposits of public funds of

this state and municipalities, counties, school districts, or

other political subdivisions of this state. The bonds are lawful

and sufficient security for deposits to the extent of the

principal amount of the bonds or their value on the market,

whichever is less, when accompanied by all attached unmatured

coupons.

(j) An authority may issue bonds to refund all or part of its

outstanding bonds, including unpaid interest, in the manner

provided by law.

(k) The bonds, any interest on the bonds, any transaction

relating to the bonds, and any profit made in the sale of the

bonds are exempt from taxation by the state, an agency or

instrumentality of the state, or any political subdivision of the

state.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.245, eff.

Sept. 1, 2001.

Sec. 2301.093. USE OF PROCEEDS. (a) The proceeds of bonds

issued under this chapter may be used only to finance eligible

projects, pay professional and consulting fees and related

expenses, and pay the costs of issuance of the bonds.

(b) An authority may set aside from the proceeds of the sale of

bonds amounts for payments into the interest and sinking fund and

reserve fund, and for interest and operating expenses during

construction and development, as specified in the proceedings

authorizing the bonds.

securities, interest-bearing certificates, and time deposits as

specified in the authorizing proceedings.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 2301.094. USE OF FUNDS. The authority may use funds,

including tax revenues or other money received by the authority

from a public entity, to finance eligible projects located

outside the jurisdiction or boundary of the public entity, if the

governing body of the public entity determines that the eligible

projects will contribute to the development and diversification

of the economy, the elimination of unemployment or

underemployment, or the development or expansion of commerce

within the public entity.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

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