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Statutes > Texas > Government-code > Title-9-public-securities > Chapter-1473-obligations-for-county-buildings

GOVERNMENT CODE

TITLE 9. PUBLIC SECURITIES

SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES

CHAPTER 1473. OBLIGATIONS FOR COUNTY BUILDINGS

SUBCHAPTER A. BONDS FOR PUBLIC LIBRARIES

Sec. 1473.001. AUTHORITY TO ISSUE PUBLIC LIBRARY BONDS. The

commissioners court of a county by order may authorize the

issuance of county bonds to finance all or part of the

acquisition, construction, improvement, enlargement, equipment,

or repair of a public library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.002. PLEDGE OF REVENUE. The commissioners court shall

provide for the payment of the principal of and interest on bonds

issued under this subchapter by pledging all or part of the

revenue derived from:

(1) the operation of the library building; or

(2) the lease of space in the library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.003. BONDS NOT PAYABLE FROM TAXES. An owner of a bond

issued under this subchapter is not entitled to demand payment of

the principal of or interest on the bond from money raised by

taxation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.004. CONTENTS OF ORDER AUTHORIZING BONDS. (a) The

order of the commissioners court authorizing the issuance of

bonds under this subchapter may provide for the flow of funds and

the establishment and maintenance of an interest and sinking

fund, a reserve fund, or another fund.

(b) The order may:

(1) prohibit the issuance of additional bonds or other

obligations payable from the pledged revenue; or

(2) reserve the right of the commissioners court to issue

additional bonds payable from the pledged revenue that are on a

parity with or subordinate to the lien and pledge on the revenue

that supports the bonds issued under the order.

(c) The commissioners court may include in the order any other

provision or covenant, including a covenant with respect to the

bonds, the pledge of revenue, or the operation or maintenance of

the library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.005. ADOPTION AND EXECUTION OF DOCUMENTS. The

commissioners court may adopt and have executed any other

proceeding or instrument necessary or convenient to the issuance

of the bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.006. MATURITY. A bond issued under this subchapter

must mature not later than 40 years after its date.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.007. OPERATING AND LEASING CHARGES. (a) The

commissioners court shall:

(1) establish fees related to the operation of the library

building; and

(2) charge rent for the lease of space in the library building.

(b) The court shall establish the fees and rents in amounts to

provide revenue sufficient to pay all expenses related to the

ownership and operation of the library building, including:

(1) payment of the principal of and interest on bonds issued

under this subchapter; and

(2) the creation and maintenance of any required bond reserve

fund.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.008. REFUNDING BONDS. (a) A county may issue

refunding bonds to refund all or any part of its outstanding

bonds issued under this subchapter, including matured but unpaid

interest coupons. The comptroller shall register the refunding

bonds on the surrender and cancellation of the bonds being

refunded. The refunding may take place in one delivery or in

installment deliveries.

(b) The refunding bonds may be payable from the same sources as

the bonds to be refunded or from other additional sources.

(c) A county may, in the order authorizing the issuance of the

refunding bonds, provide for the sale of the refunding bonds and

the deposit of the proceeds in the place at which the bonds to be

refunded are payable. In that case, the refunding bonds may be

issued before the cancellation of the bonds to be refunded.

(d) If refunding bonds are issued before cancellation of the

bonds to be refunded, the county shall deposit an amount

sufficient to pay the principal of and interest on the bonds to

be refunded to their maturity dates, or to their option dates if

the bonds have been called for payment before maturity according

to their terms, in each place at which the bonds to be refunded

are payable. The comptroller shall register the refunding bonds

without the surrender and cancellation of bonds to be refunded.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.009. EXEMPTION FROM TAXATION. A bond issued under

this subchapter, any transaction related to the bond, and profits

made in the sale of the bond are exempt from taxation by this

state or by a municipality or other political subdivision of this

state.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER B. BONDS FOR AUDITORIUMS, COLISEUMS, AND EXHIBIT

BUILDINGS

Sec. 1473.021. AUTHORITY FOR AUDITORIUM, COLISEUM, OR EXHIBIT

BUILDING. The commissioners court of a county may purchase or

construct a building or other permanent improvement to be used

for:

(1) a coliseum;

(2) an auditorium; or

(3) an annual exhibit of livestock or agricultural,

horticultural, or mineral products of the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.022. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to finance the purchase or construction of a

building or improvement described by Section 1473.021; and

(2) impose a tax to pay the bonds.

(b) The commissioners court shall issue any bonds under this

subchapter and impose the tax in compliance with the applicable

provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.023. PAYMENT FOR BUILDINGS OR IMPROVEMENTS. A county

that maintains a permanent improvement fund shall pay for each

building or improvement described by Section 1473.021 from that

fund.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.024. LOCATION OF BUILDINGS OR IMPROVEMENTS. The

commissioners court may determine the location in the county for

a building or improvement described by Section 1473.021.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER C. SECURITIES TO IMPROVE OR REPAIR CERTAIN BUILDINGS

Sec. 1473.051. DEFINITION. In this subchapter, "security" means

a bond, note, warrant, obligation, or other evidence of

indebtedness.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.052. AUTHORITY TO ISSUE OBLIGATIONS. (a) The

commissioners court of a county may issue securities to finance

the enlargement, alteration, improvement, or repair of a building

if:

(1) the building:

(A) is not the courthouse;

(B) is located at the county seat;

(C) is partly used for public business and partly rented for

private use; and

(D) was acquired by the county in settlement of an obligation

owed the county; and

(2) money is not available for the enlargement, alteration,

improvement, or repair.

(b) In issuing a security under this subchapter, the

commissioners court may pledge, assign, or encumber the net

income and revenue from that part of the building that the court

finds is not, and will not later be, necessary for a public

purpose.

(c) Repealed by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff.

Sept. 1, 1999.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff.

Sept. 1, 1999.

Sec. 1473.053. OBLIGATIONS NOT PAYABLE FROM TAXES. (a) A

security issued under this subchapter:

(1) is not a debt of the county;

(2) may be a charge only on the revenue that is pledged,

assigned, or encumbered; and

(3) may not be included in determining the power of the county

to issue bonds for any purpose authorized by law.

(b) Each security issued under this subchapter must include the

following provision: "The holder of this obligation is not

entitled to demand payment of this obligation out of any money

raised by taxation."

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.054. RENT. For each part of a building described by

Section 1473.052(a) that is not used for a public purpose, the

county shall charge and collect rent in an amount sufficient to:

(1) pay all operating, maintenance, depreciation, replacement,

improvement, and interest charges and expenses for the building;

and

(2) create an interest and sinking fund sufficient to pay any

securities issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.055. LIENS ON AND USE OF REVENUE FROM BUILDING. (a)

Except as provided by Subsections (b) and (c), the income or

revenue of a building described by Section 1473.052(a) may not be

used to pay another debt, expense, or obligation of the county

until the securities secured by the revenue have been finally

paid.

(b) Each expense of operation and maintenance, including all

salaries, labor, materials, interest, improvements, repairs, and

extensions necessary to provide efficient service, and each

proper item of expense, is a first lien against the building's

revenue.

(c) An expense for a repair or extension is a first lien only if

the commissioners court finds the repair or extension is

necessary to:

(1) keep the building in operation and provide adequate service;

or

(2) respond to a physical accident or condition that would

otherwise impair a security issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.056. ELECTION NOT REQUIRED. The commissioners court

may issue securities under this subchapter without holding an

election to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER D. BONDS FOR JAILS OR OTHER BUILDINGS

Sec. 1473.101. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to pay for the purchase, construction,

improvement, or equipment of a building or jail under Section

292.001, Local Government Code, including the purchase or

improvement of a site for the building or jail; and

(2) impose a tax under Section 9, Article VIII, Texas

Constitution, to pay for the bonds.

(b) The commissioners court of a county that has a population of

more than 900,000 may:

(1) issue bonds to pay for the construction and equipment of a

courthouse or county branch office building, including the

acquisition of a site for the courthouse or branch office

building; and

(2) impose a tax to pay for the bonds.

(c) Except as otherwise provided by this subchapter, the

commissioners court shall issue any bonds and impose the tax in

compliance with the applicable provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.102. ELECTION PROPOSITIONS. The commissioners court

may submit one or more bond propositions at an election relating

to the issuance of bonds under this subchapter. Each proposition

may include one or more of the purposes provided by Section

1473.101.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER E. BONDS FOR PARKING FACILITIES

Sec. 1473.131. DEFINITIONS. In this subchapter:

(1) "Bond order" means an order authorizing the issuance of

bonds under this subchapter.

(2) "Parking facility" means:

(A) a lot, area, or structure used primarily to park motor

vehicles;

(B) the site for the lot, area, or structure; and

(C) equipment used in connection with the maintenance and

operation of the lot, area, or structure.

(3) "Trust indenture" means an instrument, including a mortgage

or deed of trust, that secures bonds issued under this subchapter

by:

(A) a pledge of revenue; or

(B) a pledge of revenue and a mortgage lien on property.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.132. AUTHORITY FOR PARKING FACILITIES. The

commissioners court of a county may construct, enlarge, furnish,

equip, or operate a parking facility in the vicinity of any

county-owned facility or building if the court finds the action

to be in the best interest of the county and the county's

residents.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.133. OTHER FACILITIES WITHIN PARKING FACILITY. The

commissioners court may incorporate into a parking facility

authorized by Section 1473.132:

(1) a jury assembly room;

(2) office space;

(3) a nursery;

(4) toilet facilities;

(5) a snack bar; or

(6) a related facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.134. LEASE OF PARKING FACILITY. The commissioners

court may lease the parking facility to any person or

corporation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.135. AUTHORITY TO ISSUE BONDS. The commissioners

court by order may issue bonds to provide money to construct,

enlarge, furnish, or equip a parking facility authorized by this

subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.136. PLEDGE OF REVENUE; TAX. (a) Bonds issued under

this subchapter must be payable from and secured by a pledge of:

(1) the net revenue of the parking facility; and

(2) any other revenue incident to the ownership of the parking

facility, including money received from a lease of the facility.

(b) The commissioners court may also provide for the bonds to be

payable from and secured by the imposition of an ad valorem tax.

The tax may not exceed two and one-half cents on each $100

valuation of taxable property in the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.137. BONDS NOT PAYABLE FROM TAXES. (a) Except as

provided by Subsection (b), each bond issued under this

subchapter must include the following provision: "The holder of

this obligation is not entitled to demand payment of this

obligation from money raised by taxation."

(b) A bond may not contain the provision specified by Subsection

(a) if the commissioners court has provided for the payment of

the bond from tax revenue under Section 1473.136(b).

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.138. MATURITY. A bond issued under this subchapter

must mature within 40 years.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.139. SIGNATURES; REGISTRATION BY COUNTY TREASURER. A

bond issued under this subchapter must be:

(1) signed by the county judge;

(2) countersigned by the county clerk; and

(3) registered by the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.140. ADDITIONAL BONDS. (a) The commissioners court

may issue bonds under this subchapter that are a junior lien on

the net revenue or property unless the bond order or trust

indenture prohibits their issuance.

(b) The commissioners court may issue parity bonds under

conditions in the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.141. SALE OF BONDS. The county may sell the bonds

under terms the commissioners court determines to be the most

advantageous and reasonably obtainable.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.142. USE OF BOND PROCEEDS. The commissioners court

may set aside from the bond proceeds:

(1) money to pay interest on the bonds; and

(2) money in the amount the commissioners court estimates to be

required for operating expenses until the parking facility

becomes sufficiently operational.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.143. RENTS AND RATES FOR SERVICES. The commissioners

court shall charge rents or rates for services of the parking

facility and shall use any other revenue generated by the parking

facility so that the revenues of the facility are sufficient to:

(1) pay the expenses of owning, operating, and maintaining the

facility;

(2) pay when due the principal of and interest on the bonds; and

(3) create and maintain a bond reserve fund and other funds as

provided by the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.144. REFUNDING BONDS. (a) The commissioners court

may issue bonds to refund outstanding bonds issued under this

subchapter.

(b) The refunding bonds may be issued in the manner provided by

this subchapter for other bonds.

(c) The refunding bonds may be issued to be exchanged by the

comptroller or to be sold, with the bond proceeds applied to the

payment of outstanding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.145. PROVISIONS FOR OPERATION OF PARKING FACILITY.

The bond order or trust indenture may prescribe systems, methods,

routines, or procedures for the operation of the parking

facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.146. ELECTION NOT REQUIRED. The commissioners court

may issue bonds under this subchapter without holding an election

to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER F. BONDS FOR PUBLIC HEALTH ADMINISTRATION BUILDINGS IN

CERTAIN COUNTIES

Sec. 1473.171. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county that:

(1) contains a municipality with a population of more than

275,000; and

(2) before April 27, 1965, ordered an election for the issuance

of bonds for:

(A) erecting a public health administration building; and

(B) acquiring a site and equipment for a public health

administration building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.172. AUTHORITY FOR PUBLIC HEALTH ADMINISTRATION

BUILDING. If the bonds were approved at an election ordered

before April 27, 1965, the county alone or jointly with a

municipality located in the county, may:

(1) erect, maintain, expand, or repair a public health

administration building; or

(2) acquire a site or equipment for a public health

administration building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.173. AUTHORITY TO ISSUE BONDS. (a) If the bonds were

approved at an election ordered before April 27, 1965, the county

may issue general obligation bonds to finance:

(1) the erection, maintenance, expansion, and repair of a

building authorized by Section 1473.172; and

(2) the acquisition of a site and equipment for the building.

(b) The commissioners court shall issue any bonds under this

subchapter in compliance with the applicable provisions of

Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.174. COST SHARING AND INTEREST IN JOINT PROJECTS. A

county and a municipality that jointly erect a public health

administration building under this subchapter shall share the

cost of, and shall each have an undivided interest in, the

building:

(1) as agreed by the governing bodies of the county and the

municipality; and

(2) as authorized by orders or ordinances adopted by the

governing bodies of the county and the municipality.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.175. USE OF JOINT PROJECT BUILDING. (a) Except as

provided by Subsection (b), a public health administration

building erected jointly by a county and a municipality under

this subchapter may be:

(1) used for any purpose that will contribute to the health of

the residents of the county and municipality; and

(2) occupied and used by the county and municipality jointly.

(b) The public health administration building may not be used

for hospital purposes.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER G. BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A

POPULATION OF MORE THAN 900,000

Sec. 1473.191. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county with a population of more than 900,000.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.192. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to pay for the acquisition, construction, or

equipment of a county workhouse or county farm to be used to

confine or to use the labor of county prisoners, including the

acquisition of a site for the workhouse or farm; and

(2) impose a tax to pay the bonds.

(b) A county that maintains a permanent improvement fund shall

deposit the tax to the credit of that fund to pay for an action

taken under Subsection (a)(1).

(c) The commissioners court shall issue any bonds under this

subchapter and impose the tax in compliance with the applicable

provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.193. ELECTION. (a) The commissioners court may issue

bonds under this subchapter only if more than a majority of the

qualified voters voting at an election held for that purpose

approve the bonds.

(b) Subsection (a) does not apply to refunding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.194. ELECTION PROPOSITION. Bonds to be issued under

this subchapter may be submitted in a single proposition at the

bond election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.195. NOTICE OF ELECTION. (a) In addition to the

notice required by Section 4.003(c), Election Code, notice of an

election under this subchapter shall be given by publication in a

newspaper of general circulation in the county.

(b) The notice must contain a substantial copy of the election

order.

(c) The notice must be published on the same day in each of two

consecutive weeks. The first publication must be at least 14 days

before the election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER H. CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION

FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 900,000

Sec. 1473.231. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county with a population of more than 900,000.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.232. AUTHORITY TO OPERATE CRIME DETECTION FACILITIES;

FEES, CHARGES, AND EXPENSES. (a) The commissioners court of a

county may:

(1) operate and maintain the county's crime detection

facilities; and

(2) impose and collect fees or charges for services performed or

information provided to others in the use of the facilities.

(b) The commissioners court shall pay the operation and

maintenance expenses of the facilities from the fees or charges

or other available county funds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.233. AUTHORITY TO ISSUE CERTIFICATES OF INDEBTEDNESS

AND IMPOSE TAX. (a) The commissioners court by order may issue

certificates of indebtedness to finance the acquisition,

construction, repair, improvement, or equipment of a crime

detection facility, including the acquisition of any property in

connection with the facility.

(b) The commissioners court annually shall impose and pledge to

the payment of the certificates an ad valorem tax sufficient to

pay when due the principal of and interest on the certificates.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.234. MATURITY. A certificate of indebtedness issued

under this subchapter must mature not later than 40 years after

its date.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.235. ELECTION NOT REQUIRED. The commissioners court

may issue certificates of indebtedness under this subchapter

without holding an election to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.236. LIMIT ON AMOUNT OF CERTIFICATES. The aggregate

principal amount of certificates of indebtedness issued under

this subchapter may not exceed $1.5 million.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER I. BONDS FOR AUDITORIUM OR COLISEUM PARKING FACILITIES

IN COUNTIES WITH POPULATION OF MORE THAN ONE MILLION

Sec. 1473.261. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county that:

(1) has a population of more than one million; and

(2) has issued bonds to construct buildings or other permanent

improvements for a coliseum or auditorium in the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.262. DEFINITIONS. In this subchapter:

(1) "Bond order" means an order authorizing the issuance of

revenue bonds under this subchapter.

(2) "Parking facility" means:

(A) a lot, area, or structure used to park motor vehicles;

(B) the site for the lot, area, or structure; and

(C) equipment used in connection with maintenance and operation

of the lot, area, or structure.

(3) "Trust indenture" means an instrument, including a mortgage

or deed of trust, that secures bonds issued under this subchapter

by:

(A) a pledge of revenue; or

(B) a pledge of revenue and a mortgage lien on property.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.263. AUTHORITY FOR PARKING FACILITY. The

commissioners court of the county may construct, enlarge,

furnish, equip, and operate a parking facility in the vicinity of

a coliseum or auditorium if the court finds the action to be in

the best interest of the county and the county's residents.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.264. LEASE OF PARKING FACILITY. The commissioners

court may lease the parking facility to any person or

corporation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.265. AUTHORITY TO ISSUE REVENUE BONDS. The

commissioners court by order or trust indenture may issue revenue

bonds to provide money to construct, enlarge, furnish, or equip a

parking facility authorized by this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.266. PLEDGE OF REVENUE. Bonds issued under this

subchapter must be payable from, and secured by a pledge of, the

net revenue of the county's operation of the parking facility.

The bonds may be payable from any other revenue incident to the

ownership of the parking facility, including money received from

a lease of the facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.267. BONDS NOT PAYABLE FROM TAXES. Each bond issued

under this subchapter must include the following provision: "The

holder of this obligation is not entitled to demand payment of

this obligation from money raised by taxation."

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.268. MATURITY. A bond issued under this subchapter

must mature within 40 years.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.269. SIGNATURES; REGISTRATION BY COUNTY TREASURER. A

bond issued under this subchapter must be:

(1) signed by the county judge;

(2) countersigned by the county clerk; and

(3) registered by the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.270. ADDITIONAL BONDS. (a) The commissioners court

may issue bonds under this subchapter that are a junior lien on

the net revenue or property unless the bond order or trust

indenture prohibits their issuance.

(b) The commissioners court may issue parity bonds under

conditions in the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.271. SALE OF BONDS. The county may sell the bonds

under terms the commissioners court determines to be the most

advantageous and reasonably obtainable.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.272. USE OF BOND PROCEEDS. (a) The commissioners

court may set aside from the bond proceeds:

(1) money to pay interest on the bonds; and

(2) money in the amount the commissioners court estimates to be

required for operating expenses until the parking facility

becomes sufficiently operational.

(b) The commissioners court may not set aside money under this

section in an amount that exceeds the amount of money necessary

to cover interest and operating expenses for the estimated period

of construction and the first two years of operation, less any

earnings during that time.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.273. RENTS AND RATES FOR SERVICES. (a) The

commissioners court shall charge rates for services of the

facility, including rents under a lease, and shall use any other

revenue generated by the facility so that the revenues of the

facility are sufficient to:

(1) pay the expenses of owning, operating, and maintaining the

facility;

(2) pay the principal of and interest on the bonds when due; and

(3) create and maintain a bond reserve fund and other funds as

provided by the bond order or trust indenture.

(b) The county may not provide free use of the parking facility

to any person, firm, or corporation, except that the county and

any county agency or department may make free use of the facility

after bonds issued under this subchapter have been fully paid.

(c) The commissioners court may provide, in an order authorizing

the bonds or in a lease of the parking facility, for minimum

periodic payments from any county resource to the bond interest

and sinking fund or to the lessee for county or county agency or

department use of any part of the parking facility designated for

county or county agency or department use.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.274. REFUNDING BONDS. (a) The commissioners court

may issue bonds to refund outstanding bonds issued under this

subchapter.

(b) The refunding bonds may be issued in the manner provided by

this subchapter for other bonds.

(c) The refunding bonds may be issued to be exchanged by the

comptroller or to be sold, with the bond proceeds applied to the

payment of outstanding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.275. PROVISIONS FOR OPERATION OF PARKING FACILITY.

The bond order or trust indenture may prescribe systems, methods,

routines, or procedures for the operation of the parking

facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.276. ELECTION NOT REQUIRED. The commissioners court

may issue bonds under this subchapter without holding an election

to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

State Codes and Statutes

Statutes > Texas > Government-code > Title-9-public-securities > Chapter-1473-obligations-for-county-buildings

GOVERNMENT CODE

TITLE 9. PUBLIC SECURITIES

SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES

CHAPTER 1473. OBLIGATIONS FOR COUNTY BUILDINGS

SUBCHAPTER A. BONDS FOR PUBLIC LIBRARIES

Sec. 1473.001. AUTHORITY TO ISSUE PUBLIC LIBRARY BONDS. The

commissioners court of a county by order may authorize the

issuance of county bonds to finance all or part of the

acquisition, construction, improvement, enlargement, equipment,

or repair of a public library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.002. PLEDGE OF REVENUE. The commissioners court shall

provide for the payment of the principal of and interest on bonds

issued under this subchapter by pledging all or part of the

revenue derived from:

(1) the operation of the library building; or

(2) the lease of space in the library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.003. BONDS NOT PAYABLE FROM TAXES. An owner of a bond

issued under this subchapter is not entitled to demand payment of

the principal of or interest on the bond from money raised by

taxation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.004. CONTENTS OF ORDER AUTHORIZING BONDS. (a) The

order of the commissioners court authorizing the issuance of

bonds under this subchapter may provide for the flow of funds and

the establishment and maintenance of an interest and sinking

fund, a reserve fund, or another fund.

(b) The order may:

(1) prohibit the issuance of additional bonds or other

obligations payable from the pledged revenue; or

(2) reserve the right of the commissioners court to issue

additional bonds payable from the pledged revenue that are on a

parity with or subordinate to the lien and pledge on the revenue

that supports the bonds issued under the order.

(c) The commissioners court may include in the order any other

provision or covenant, including a covenant with respect to the

bonds, the pledge of revenue, or the operation or maintenance of

the library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.005. ADOPTION AND EXECUTION OF DOCUMENTS. The

commissioners court may adopt and have executed any other

proceeding or instrument necessary or convenient to the issuance

of the bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.006. MATURITY. A bond issued under this subchapter

must mature not later than 40 years after its date.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.007. OPERATING AND LEASING CHARGES. (a) The

commissioners court shall:

(1) establish fees related to the operation of the library

building; and

(2) charge rent for the lease of space in the library building.

(b) The court shall establish the fees and rents in amounts to

provide revenue sufficient to pay all expenses related to the

ownership and operation of the library building, including:

(1) payment of the principal of and interest on bonds issued

under this subchapter; and

(2) the creation and maintenance of any required bond reserve

fund.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.008. REFUNDING BONDS. (a) A county may issue

refunding bonds to refund all or any part of its outstanding

bonds issued under this subchapter, including matured but unpaid

interest coupons. The comptroller shall register the refunding

bonds on the surrender and cancellation of the bonds being

refunded. The refunding may take place in one delivery or in

installment deliveries.

(b) The refunding bonds may be payable from the same sources as

the bonds to be refunded or from other additional sources.

(c) A county may, in the order authorizing the issuance of the

refunding bonds, provide for the sale of the refunding bonds and

the deposit of the proceeds in the place at which the bonds to be

refunded are payable. In that case, the refunding bonds may be

issued before the cancellation of the bonds to be refunded.

(d) If refunding bonds are issued before cancellation of the

bonds to be refunded, the county shall deposit an amount

sufficient to pay the principal of and interest on the bonds to

be refunded to their maturity dates, or to their option dates if

the bonds have been called for payment before maturity according

to their terms, in each place at which the bonds to be refunded

are payable. The comptroller shall register the refunding bonds

without the surrender and cancellation of bonds to be refunded.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.009. EXEMPTION FROM TAXATION. A bond issued under

this subchapter, any transaction related to the bond, and profits

made in the sale of the bond are exempt from taxation by this

state or by a municipality or other political subdivision of this

state.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER B. BONDS FOR AUDITORIUMS, COLISEUMS, AND EXHIBIT

BUILDINGS

Sec. 1473.021. AUTHORITY FOR AUDITORIUM, COLISEUM, OR EXHIBIT

BUILDING. The commissioners court of a county may purchase or

construct a building or other permanent improvement to be used

for:

(1) a coliseum;

(2) an auditorium; or

(3) an annual exhibit of livestock or agricultural,

horticultural, or mineral products of the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.022. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to finance the purchase or construction of a

building or improvement described by Section 1473.021; and

(2) impose a tax to pay the bonds.

(b) The commissioners court shall issue any bonds under this

subchapter and impose the tax in compliance with the applicable

provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.023. PAYMENT FOR BUILDINGS OR IMPROVEMENTS. A county

that maintains a permanent improvement fund shall pay for each

building or improvement described by Section 1473.021 from that

fund.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.024. LOCATION OF BUILDINGS OR IMPROVEMENTS. The

commissioners court may determine the location in the county for

a building or improvement described by Section 1473.021.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER C. SECURITIES TO IMPROVE OR REPAIR CERTAIN BUILDINGS

Sec. 1473.051. DEFINITION. In this subchapter, "security" means

a bond, note, warrant, obligation, or other evidence of

indebtedness.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.052. AUTHORITY TO ISSUE OBLIGATIONS. (a) The

commissioners court of a county may issue securities to finance

the enlargement, alteration, improvement, or repair of a building

if:

(1) the building:

(A) is not the courthouse;

(B) is located at the county seat;

(C) is partly used for public business and partly rented for

private use; and

(D) was acquired by the county in settlement of an obligation

owed the county; and

(2) money is not available for the enlargement, alteration,

improvement, or repair.

(b) In issuing a security under this subchapter, the

commissioners court may pledge, assign, or encumber the net

income and revenue from that part of the building that the court

finds is not, and will not later be, necessary for a public

purpose.

(c) Repealed by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff.

Sept. 1, 1999.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff.

Sept. 1, 1999.

Sec. 1473.053. OBLIGATIONS NOT PAYABLE FROM TAXES. (a) A

security issued under this subchapter:

(1) is not a debt of the county;

(2) may be a charge only on the revenue that is pledged,

assigned, or encumbered; and

(3) may not be included in determining the power of the county

to issue bonds for any purpose authorized by law.

(b) Each security issued under this subchapter must include the

following provision: "The holder of this obligation is not

entitled to demand payment of this obligation out of any money

raised by taxation."

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.054. RENT. For each part of a building described by

Section 1473.052(a) that is not used for a public purpose, the

county shall charge and collect rent in an amount sufficient to:

(1) pay all operating, maintenance, depreciation, replacement,

improvement, and interest charges and expenses for the building;

and

(2) create an interest and sinking fund sufficient to pay any

securities issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.055. LIENS ON AND USE OF REVENUE FROM BUILDING. (a)

Except as provided by Subsections (b) and (c), the income or

revenue of a building described by Section 1473.052(a) may not be

used to pay another debt, expense, or obligation of the county

until the securities secured by the revenue have been finally

paid.

(b) Each expense of operation and maintenance, including all

salaries, labor, materials, interest, improvements, repairs, and

extensions necessary to provide efficient service, and each

proper item of expense, is a first lien against the building's

revenue.

(c) An expense for a repair or extension is a first lien only if

the commissioners court finds the repair or extension is

necessary to:

(1) keep the building in operation and provide adequate service;

or

(2) respond to a physical accident or condition that would

otherwise impair a security issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.056. ELECTION NOT REQUIRED. The commissioners court

may issue securities under this subchapter without holding an

election to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER D. BONDS FOR JAILS OR OTHER BUILDINGS

Sec. 1473.101. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to pay for the purchase, construction,

improvement, or equipment of a building or jail under Section

292.001, Local Government Code, including the purchase or

improvement of a site for the building or jail; and

(2) impose a tax under Section 9, Article VIII, Texas

Constitution, to pay for the bonds.

(b) The commissioners court of a county that has a population of

more than 900,000 may:

(1) issue bonds to pay for the construction and equipment of a

courthouse or county branch office building, including the

acquisition of a site for the courthouse or branch office

building; and

(2) impose a tax to pay for the bonds.

(c) Except as otherwise provided by this subchapter, the

commissioners court shall issue any bonds and impose the tax in

compliance with the applicable provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.102. ELECTION PROPOSITIONS. The commissioners court

may submit one or more bond propositions at an election relating

to the issuance of bonds under this subchapter. Each proposition

may include one or more of the purposes provided by Section

1473.101.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER E. BONDS FOR PARKING FACILITIES

Sec. 1473.131. DEFINITIONS. In this subchapter:

(1) "Bond order" means an order authorizing the issuance of

bonds under this subchapter.

(2) "Parking facility" means:

(A) a lot, area, or structure used primarily to park motor

vehicles;

(B) the site for the lot, area, or structure; and

(C) equipment used in connection with the maintenance and

operation of the lot, area, or structure.

(3) "Trust indenture" means an instrument, including a mortgage

or deed of trust, that secures bonds issued under this subchapter

by:

(A) a pledge of revenue; or

(B) a pledge of revenue and a mortgage lien on property.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.132. AUTHORITY FOR PARKING FACILITIES. The

commissioners court of a county may construct, enlarge, furnish,

equip, or operate a parking facility in the vicinity of any

county-owned facility or building if the court finds the action

to be in the best interest of the county and the county's

residents.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.133. OTHER FACILITIES WITHIN PARKING FACILITY. The

commissioners court may incorporate into a parking facility

authorized by Section 1473.132:

(1) a jury assembly room;

(2) office space;

(3) a nursery;

(4) toilet facilities;

(5) a snack bar; or

(6) a related facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.134. LEASE OF PARKING FACILITY. The commissioners

court may lease the parking facility to any person or

corporation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.135. AUTHORITY TO ISSUE BONDS. The commissioners

court by order may issue bonds to provide money to construct,

enlarge, furnish, or equip a parking facility authorized by this

subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.136. PLEDGE OF REVENUE; TAX. (a) Bonds issued under

this subchapter must be payable from and secured by a pledge of:

(1) the net revenue of the parking facility; and

(2) any other revenue incident to the ownership of the parking

facility, including money received from a lease of the facility.

(b) The commissioners court may also provide for the bonds to be

payable from and secured by the imposition of an ad valorem tax.

The tax may not exceed two and one-half cents on each $100

valuation of taxable property in the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.137. BONDS NOT PAYABLE FROM TAXES. (a) Except as

provided by Subsection (b), each bond issued under this

subchapter must include the following provision: "The holder of

this obligation is not entitled to demand payment of this

obligation from money raised by taxation."

(b) A bond may not contain the provision specified by Subsection

(a) if the commissioners court has provided for the payment of

the bond from tax revenue under Section 1473.136(b).

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.138. MATURITY. A bond issued under this subchapter

must mature within 40 years.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.139. SIGNATURES; REGISTRATION BY COUNTY TREASURER. A

bond issued under this subchapter must be:

(1) signed by the county judge;

(2) countersigned by the county clerk; and

(3) registered by the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.140. ADDITIONAL BONDS. (a) The commissioners court

may issue bonds under this subchapter that are a junior lien on

the net revenue or property unless the bond order or trust

indenture prohibits their issuance.

(b) The commissioners court may issue parity bonds under

conditions in the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.141. SALE OF BONDS. The county may sell the bonds

under terms the commissioners court determines to be the most

advantageous and reasonably obtainable.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.142. USE OF BOND PROCEEDS. The commissioners court

may set aside from the bond proceeds:

(1) money to pay interest on the bonds; and

(2) money in the amount the commissioners court estimates to be

required for operating expenses until the parking facility

becomes sufficiently operational.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.143. RENTS AND RATES FOR SERVICES. The commissioners

court shall charge rents or rates for services of the parking

facility and shall use any other revenue generated by the parking

facility so that the revenues of the facility are sufficient to:

(1) pay the expenses of owning, operating, and maintaining the

facility;

(2) pay when due the principal of and interest on the bonds; and

(3) create and maintain a bond reserve fund and other funds as

provided by the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.144. REFUNDING BONDS. (a) The commissioners court

may issue bonds to refund outstanding bonds issued under this

subchapter.

(b) The refunding bonds may be issued in the manner provided by

this subchapter for other bonds.

(c) The refunding bonds may be issued to be exchanged by the

comptroller or to be sold, with the bond proceeds applied to the

payment of outstanding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.145. PROVISIONS FOR OPERATION OF PARKING FACILITY.

The bond order or trust indenture may prescribe systems, methods,

routines, or procedures for the operation of the parking

facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.146. ELECTION NOT REQUIRED. The commissioners court

may issue bonds under this subchapter without holding an election

to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER F. BONDS FOR PUBLIC HEALTH ADMINISTRATION BUILDINGS IN

CERTAIN COUNTIES

Sec. 1473.171. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county that:

(1) contains a municipality with a population of more than

275,000; and

(2) before April 27, 1965, ordered an election for the issuance

of bonds for:

(A) erecting a public health administration building; and

(B) acquiring a site and equipment for a public health

administration building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.172. AUTHORITY FOR PUBLIC HEALTH ADMINISTRATION

BUILDING. If the bonds were approved at an election ordered

before April 27, 1965, the county alone or jointly with a

municipality located in the county, may:

(1) erect, maintain, expand, or repair a public health

administration building; or

(2) acquire a site or equipment for a public health

administration building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.173. AUTHORITY TO ISSUE BONDS. (a) If the bonds were

approved at an election ordered before April 27, 1965, the county

may issue general obligation bonds to finance:

(1) the erection, maintenance, expansion, and repair of a

building authorized by Section 1473.172; and

(2) the acquisition of a site and equipment for the building.

(b) The commissioners court shall issue any bonds under this

subchapter in compliance with the applicable provisions of

Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.174. COST SHARING AND INTEREST IN JOINT PROJECTS. A

county and a municipality that jointly erect a public health

administration building under this subchapter shall share the

cost of, and shall each have an undivided interest in, the

building:

(1) as agreed by the governing bodies of the county and the

municipality; and

(2) as authorized by orders or ordinances adopted by the

governing bodies of the county and the municipality.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.175. USE OF JOINT PROJECT BUILDING. (a) Except as

provided by Subsection (b), a public health administration

building erected jointly by a county and a municipality under

this subchapter may be:

(1) used for any purpose that will contribute to the health of

the residents of the county and municipality; and

(2) occupied and used by the county and municipality jointly.

(b) The public health administration building may not be used

for hospital purposes.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER G. BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A

POPULATION OF MORE THAN 900,000

Sec. 1473.191. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county with a population of more than 900,000.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.192. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to pay for the acquisition, construction, or

equipment of a county workhouse or county farm to be used to

confine or to use the labor of county prisoners, including the

acquisition of a site for the workhouse or farm; and

(2) impose a tax to pay the bonds.

(b) A county that maintains a permanent improvement fund shall

deposit the tax to the credit of that fund to pay for an action

taken under Subsection (a)(1).

(c) The commissioners court shall issue any bonds under this

subchapter and impose the tax in compliance with the applicable

provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.193. ELECTION. (a) The commissioners court may issue

bonds under this subchapter only if more than a majority of the

qualified voters voting at an election held for that purpose

approve the bonds.

(b) Subsection (a) does not apply to refunding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.194. ELECTION PROPOSITION. Bonds to be issued under

this subchapter may be submitted in a single proposition at the

bond election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.195. NOTICE OF ELECTION. (a) In addition to the

notice required by Section 4.003(c), Election Code, notice of an

election under this subchapter shall be given by publication in a

newspaper of general circulation in the county.

(b) The notice must contain a substantial copy of the election

order.

(c) The notice must be published on the same day in each of two

consecutive weeks. The first publication must be at least 14 days

before the election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER H. CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION

FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 900,000

Sec. 1473.231. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county with a population of more than 900,000.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.232. AUTHORITY TO OPERATE CRIME DETECTION FACILITIES;

FEES, CHARGES, AND EXPENSES. (a) The commissioners court of a

county may:

(1) operate and maintain the county's crime detection

facilities; and

(2) impose and collect fees or charges for services performed or

information provided to others in the use of the facilities.

(b) The commissioners court shall pay the operation and

maintenance expenses of the facilities from the fees or charges

or other available county funds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.233. AUTHORITY TO ISSUE CERTIFICATES OF INDEBTEDNESS

AND IMPOSE TAX. (a) The commissioners court by order may issue

certificates of indebtedness to finance the acquisition,

construction, repair, improvement, or equipment of a crime

detection facility, including the acquisition of any property in

connection with the facility.

(b) The commissioners court annually shall impose and pledge to

the payment of the certificates an ad valorem tax sufficient to

pay when due the principal of and interest on the certificates.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.234. MATURITY. A certificate of indebtedness issued

under this subchapter must mature not later than 40 years after

its date.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.235. ELECTION NOT REQUIRED. The commissioners court

may issue certificates of indebtedness under this subchapter

without holding an election to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.236. LIMIT ON AMOUNT OF CERTIFICATES. The aggregate

principal amount of certificates of indebtedness issued under

this subchapter may not exceed $1.5 million.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER I. BONDS FOR AUDITORIUM OR COLISEUM PARKING FACILITIES

IN COUNTIES WITH POPULATION OF MORE THAN ONE MILLION

Sec. 1473.261. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county that:

(1) has a population of more than one million; and

(2) has issued bonds to construct buildings or other permanent

improvements for a coliseum or auditorium in the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.262. DEFINITIONS. In this subchapter:

(1) "Bond order" means an order authorizing the issuance of

revenue bonds under this subchapter.

(2) "Parking facility" means:

(A) a lot, area, or structure used to park motor vehicles;

(B) the site for the lot, area, or structure; and

(C) equipment used in connection with maintenance and operation

of the lot, area, or structure.

(3) "Trust indenture" means an instrument, including a mortgage

or deed of trust, that secures bonds issued under this subchapter

by:

(A) a pledge of revenue; or

(B) a pledge of revenue and a mortgage lien on property.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.263. AUTHORITY FOR PARKING FACILITY. The

commissioners court of the county may construct, enlarge,

furnish, equip, and operate a parking facility in the vicinity of

a coliseum or auditorium if the court finds the action to be in

the best interest of the county and the county's residents.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.264. LEASE OF PARKING FACILITY. The commissioners

court may lease the parking facility to any person or

corporation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.265. AUTHORITY TO ISSUE REVENUE BONDS. The

commissioners court by order or trust indenture may issue revenue

bonds to provide money to construct, enlarge, furnish, or equip a

parking facility authorized by this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.266. PLEDGE OF REVENUE. Bonds issued under this

subchapter must be payable from, and secured by a pledge of, the

net revenue of the county's operation of the parking facility.

The bonds may be payable from any other revenue incident to the

ownership of the parking facility, including money received from

a lease of the facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.267. BONDS NOT PAYABLE FROM TAXES. Each bond issued

under this subchapter must include the following provision: "The

holder of this obligation is not entitled to demand payment of

this obligation from money raised by taxation."

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.268. MATURITY. A bond issued under this subchapter

must mature within 40 years.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.269. SIGNATURES; REGISTRATION BY COUNTY TREASURER. A

bond issued under this subchapter must be:

(1) signed by the county judge;

(2) countersigned by the county clerk; and

(3) registered by the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.270. ADDITIONAL BONDS. (a) The commissioners court

may issue bonds under this subchapter that are a junior lien on

the net revenue or property unless the bond order or trust

indenture prohibits their issuance.

(b) The commissioners court may issue parity bonds under

conditions in the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.271. SALE OF BONDS. The county may sell the bonds

under terms the commissioners court determines to be the most

advantageous and reasonably obtainable.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.272. USE OF BOND PROCEEDS. (a) The commissioners

court may set aside from the bond proceeds:

(1) money to pay interest on the bonds; and

(2) money in the amount the commissioners court estimates to be

required for operating expenses until the parking facility

becomes sufficiently operational.

(b) The commissioners court may not set aside money under this

section in an amount that exceeds the amount of money necessary

to cover interest and operating expenses for the estimated period

of construction and the first two years of operation, less any

earnings during that time.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.273. RENTS AND RATES FOR SERVICES. (a) The

commissioners court shall charge rates for services of the

facility, including rents under a lease, and shall use any other

revenue generated by the facility so that the revenues of the

facility are sufficient to:

(1) pay the expenses of owning, operating, and maintaining the

facility;

(2) pay the principal of and interest on the bonds when due; and

(3) create and maintain a bond reserve fund and other funds as

provided by the bond order or trust indenture.

(b) The county may not provide free use of the parking facility

to any person, firm, or corporation, except that the county and

any county agency or department may make free use of the facility

after bonds issued under this subchapter have been fully paid.

(c) The commissioners court may provide, in an order authorizing

the bonds or in a lease of the parking facility, for minimum

periodic payments from any county resource to the bond interest

and sinking fund or to the lessee for county or county agency or

department use of any part of the parking facility designated for

county or county agency or department use.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.274. REFUNDING BONDS. (a) The commissioners court

may issue bonds to refund outstanding bonds issued under this

subchapter.

(b) The refunding bonds may be issued in the manner provided by

this subchapter for other bonds.

(c) The refunding bonds may be issued to be exchanged by the

comptroller or to be sold, with the bond proceeds applied to the

payment of outstanding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.275. PROVISIONS FOR OPERATION OF PARKING FACILITY.

The bond order or trust indenture may prescribe systems, methods,

routines, or procedures for the operation of the parking

facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.276. ELECTION NOT REQUIRED. The commissioners court

may issue bonds under this subchapter without holding an election

to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Government-code > Title-9-public-securities > Chapter-1473-obligations-for-county-buildings

GOVERNMENT CODE

TITLE 9. PUBLIC SECURITIES

SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES

CHAPTER 1473. OBLIGATIONS FOR COUNTY BUILDINGS

SUBCHAPTER A. BONDS FOR PUBLIC LIBRARIES

Sec. 1473.001. AUTHORITY TO ISSUE PUBLIC LIBRARY BONDS. The

commissioners court of a county by order may authorize the

issuance of county bonds to finance all or part of the

acquisition, construction, improvement, enlargement, equipment,

or repair of a public library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.002. PLEDGE OF REVENUE. The commissioners court shall

provide for the payment of the principal of and interest on bonds

issued under this subchapter by pledging all or part of the

revenue derived from:

(1) the operation of the library building; or

(2) the lease of space in the library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.003. BONDS NOT PAYABLE FROM TAXES. An owner of a bond

issued under this subchapter is not entitled to demand payment of

the principal of or interest on the bond from money raised by

taxation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.004. CONTENTS OF ORDER AUTHORIZING BONDS. (a) The

order of the commissioners court authorizing the issuance of

bonds under this subchapter may provide for the flow of funds and

the establishment and maintenance of an interest and sinking

fund, a reserve fund, or another fund.

(b) The order may:

(1) prohibit the issuance of additional bonds or other

obligations payable from the pledged revenue; or

(2) reserve the right of the commissioners court to issue

additional bonds payable from the pledged revenue that are on a

parity with or subordinate to the lien and pledge on the revenue

that supports the bonds issued under the order.

(c) The commissioners court may include in the order any other

provision or covenant, including a covenant with respect to the

bonds, the pledge of revenue, or the operation or maintenance of

the library building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.005. ADOPTION AND EXECUTION OF DOCUMENTS. The

commissioners court may adopt and have executed any other

proceeding or instrument necessary or convenient to the issuance

of the bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.006. MATURITY. A bond issued under this subchapter

must mature not later than 40 years after its date.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.007. OPERATING AND LEASING CHARGES. (a) The

commissioners court shall:

(1) establish fees related to the operation of the library

building; and

(2) charge rent for the lease of space in the library building.

(b) The court shall establish the fees and rents in amounts to

provide revenue sufficient to pay all expenses related to the

ownership and operation of the library building, including:

(1) payment of the principal of and interest on bonds issued

under this subchapter; and

(2) the creation and maintenance of any required bond reserve

fund.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.008. REFUNDING BONDS. (a) A county may issue

refunding bonds to refund all or any part of its outstanding

bonds issued under this subchapter, including matured but unpaid

interest coupons. The comptroller shall register the refunding

bonds on the surrender and cancellation of the bonds being

refunded. The refunding may take place in one delivery or in

installment deliveries.

(b) The refunding bonds may be payable from the same sources as

the bonds to be refunded or from other additional sources.

(c) A county may, in the order authorizing the issuance of the

refunding bonds, provide for the sale of the refunding bonds and

the deposit of the proceeds in the place at which the bonds to be

refunded are payable. In that case, the refunding bonds may be

issued before the cancellation of the bonds to be refunded.

(d) If refunding bonds are issued before cancellation of the

bonds to be refunded, the county shall deposit an amount

sufficient to pay the principal of and interest on the bonds to

be refunded to their maturity dates, or to their option dates if

the bonds have been called for payment before maturity according

to their terms, in each place at which the bonds to be refunded

are payable. The comptroller shall register the refunding bonds

without the surrender and cancellation of bonds to be refunded.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.009. EXEMPTION FROM TAXATION. A bond issued under

this subchapter, any transaction related to the bond, and profits

made in the sale of the bond are exempt from taxation by this

state or by a municipality or other political subdivision of this

state.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER B. BONDS FOR AUDITORIUMS, COLISEUMS, AND EXHIBIT

BUILDINGS

Sec. 1473.021. AUTHORITY FOR AUDITORIUM, COLISEUM, OR EXHIBIT

BUILDING. The commissioners court of a county may purchase or

construct a building or other permanent improvement to be used

for:

(1) a coliseum;

(2) an auditorium; or

(3) an annual exhibit of livestock or agricultural,

horticultural, or mineral products of the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.022. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to finance the purchase or construction of a

building or improvement described by Section 1473.021; and

(2) impose a tax to pay the bonds.

(b) The commissioners court shall issue any bonds under this

subchapter and impose the tax in compliance with the applicable

provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.023. PAYMENT FOR BUILDINGS OR IMPROVEMENTS. A county

that maintains a permanent improvement fund shall pay for each

building or improvement described by Section 1473.021 from that

fund.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.024. LOCATION OF BUILDINGS OR IMPROVEMENTS. The

commissioners court may determine the location in the county for

a building or improvement described by Section 1473.021.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER C. SECURITIES TO IMPROVE OR REPAIR CERTAIN BUILDINGS

Sec. 1473.051. DEFINITION. In this subchapter, "security" means

a bond, note, warrant, obligation, or other evidence of

indebtedness.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.052. AUTHORITY TO ISSUE OBLIGATIONS. (a) The

commissioners court of a county may issue securities to finance

the enlargement, alteration, improvement, or repair of a building

if:

(1) the building:

(A) is not the courthouse;

(B) is located at the county seat;

(C) is partly used for public business and partly rented for

private use; and

(D) was acquired by the county in settlement of an obligation

owed the county; and

(2) money is not available for the enlargement, alteration,

improvement, or repair.

(b) In issuing a security under this subchapter, the

commissioners court may pledge, assign, or encumber the net

income and revenue from that part of the building that the court

finds is not, and will not later be, necessary for a public

purpose.

(c) Repealed by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff.

Sept. 1, 1999.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff.

Sept. 1, 1999.

Sec. 1473.053. OBLIGATIONS NOT PAYABLE FROM TAXES. (a) A

security issued under this subchapter:

(1) is not a debt of the county;

(2) may be a charge only on the revenue that is pledged,

assigned, or encumbered; and

(3) may not be included in determining the power of the county

to issue bonds for any purpose authorized by law.

(b) Each security issued under this subchapter must include the

following provision: "The holder of this obligation is not

entitled to demand payment of this obligation out of any money

raised by taxation."

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.054. RENT. For each part of a building described by

Section 1473.052(a) that is not used for a public purpose, the

county shall charge and collect rent in an amount sufficient to:

(1) pay all operating, maintenance, depreciation, replacement,

improvement, and interest charges and expenses for the building;

and

(2) create an interest and sinking fund sufficient to pay any

securities issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.055. LIENS ON AND USE OF REVENUE FROM BUILDING. (a)

Except as provided by Subsections (b) and (c), the income or

revenue of a building described by Section 1473.052(a) may not be

used to pay another debt, expense, or obligation of the county

until the securities secured by the revenue have been finally

paid.

(b) Each expense of operation and maintenance, including all

salaries, labor, materials, interest, improvements, repairs, and

extensions necessary to provide efficient service, and each

proper item of expense, is a first lien against the building's

revenue.

(c) An expense for a repair or extension is a first lien only if

the commissioners court finds the repair or extension is

necessary to:

(1) keep the building in operation and provide adequate service;

or

(2) respond to a physical accident or condition that would

otherwise impair a security issued under this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.056. ELECTION NOT REQUIRED. The commissioners court

may issue securities under this subchapter without holding an

election to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER D. BONDS FOR JAILS OR OTHER BUILDINGS

Sec. 1473.101. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to pay for the purchase, construction,

improvement, or equipment of a building or jail under Section

292.001, Local Government Code, including the purchase or

improvement of a site for the building or jail; and

(2) impose a tax under Section 9, Article VIII, Texas

Constitution, to pay for the bonds.

(b) The commissioners court of a county that has a population of

more than 900,000 may:

(1) issue bonds to pay for the construction and equipment of a

courthouse or county branch office building, including the

acquisition of a site for the courthouse or branch office

building; and

(2) impose a tax to pay for the bonds.

(c) Except as otherwise provided by this subchapter, the

commissioners court shall issue any bonds and impose the tax in

compliance with the applicable provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.102. ELECTION PROPOSITIONS. The commissioners court

may submit one or more bond propositions at an election relating

to the issuance of bonds under this subchapter. Each proposition

may include one or more of the purposes provided by Section

1473.101.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER E. BONDS FOR PARKING FACILITIES

Sec. 1473.131. DEFINITIONS. In this subchapter:

(1) "Bond order" means an order authorizing the issuance of

bonds under this subchapter.

(2) "Parking facility" means:

(A) a lot, area, or structure used primarily to park motor

vehicles;

(B) the site for the lot, area, or structure; and

(C) equipment used in connection with the maintenance and

operation of the lot, area, or structure.

(3) "Trust indenture" means an instrument, including a mortgage

or deed of trust, that secures bonds issued under this subchapter

by:

(A) a pledge of revenue; or

(B) a pledge of revenue and a mortgage lien on property.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.132. AUTHORITY FOR PARKING FACILITIES. The

commissioners court of a county may construct, enlarge, furnish,

equip, or operate a parking facility in the vicinity of any

county-owned facility or building if the court finds the action

to be in the best interest of the county and the county's

residents.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.133. OTHER FACILITIES WITHIN PARKING FACILITY. The

commissioners court may incorporate into a parking facility

authorized by Section 1473.132:

(1) a jury assembly room;

(2) office space;

(3) a nursery;

(4) toilet facilities;

(5) a snack bar; or

(6) a related facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.134. LEASE OF PARKING FACILITY. The commissioners

court may lease the parking facility to any person or

corporation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.135. AUTHORITY TO ISSUE BONDS. The commissioners

court by order may issue bonds to provide money to construct,

enlarge, furnish, or equip a parking facility authorized by this

subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.136. PLEDGE OF REVENUE; TAX. (a) Bonds issued under

this subchapter must be payable from and secured by a pledge of:

(1) the net revenue of the parking facility; and

(2) any other revenue incident to the ownership of the parking

facility, including money received from a lease of the facility.

(b) The commissioners court may also provide for the bonds to be

payable from and secured by the imposition of an ad valorem tax.

The tax may not exceed two and one-half cents on each $100

valuation of taxable property in the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.137. BONDS NOT PAYABLE FROM TAXES. (a) Except as

provided by Subsection (b), each bond issued under this

subchapter must include the following provision: "The holder of

this obligation is not entitled to demand payment of this

obligation from money raised by taxation."

(b) A bond may not contain the provision specified by Subsection

(a) if the commissioners court has provided for the payment of

the bond from tax revenue under Section 1473.136(b).

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.138. MATURITY. A bond issued under this subchapter

must mature within 40 years.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.139. SIGNATURES; REGISTRATION BY COUNTY TREASURER. A

bond issued under this subchapter must be:

(1) signed by the county judge;

(2) countersigned by the county clerk; and

(3) registered by the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.140. ADDITIONAL BONDS. (a) The commissioners court

may issue bonds under this subchapter that are a junior lien on

the net revenue or property unless the bond order or trust

indenture prohibits their issuance.

(b) The commissioners court may issue parity bonds under

conditions in the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.141. SALE OF BONDS. The county may sell the bonds

under terms the commissioners court determines to be the most

advantageous and reasonably obtainable.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.142. USE OF BOND PROCEEDS. The commissioners court

may set aside from the bond proceeds:

(1) money to pay interest on the bonds; and

(2) money in the amount the commissioners court estimates to be

required for operating expenses until the parking facility

becomes sufficiently operational.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.143. RENTS AND RATES FOR SERVICES. The commissioners

court shall charge rents or rates for services of the parking

facility and shall use any other revenue generated by the parking

facility so that the revenues of the facility are sufficient to:

(1) pay the expenses of owning, operating, and maintaining the

facility;

(2) pay when due the principal of and interest on the bonds; and

(3) create and maintain a bond reserve fund and other funds as

provided by the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.144. REFUNDING BONDS. (a) The commissioners court

may issue bonds to refund outstanding bonds issued under this

subchapter.

(b) The refunding bonds may be issued in the manner provided by

this subchapter for other bonds.

(c) The refunding bonds may be issued to be exchanged by the

comptroller or to be sold, with the bond proceeds applied to the

payment of outstanding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.145. PROVISIONS FOR OPERATION OF PARKING FACILITY.

The bond order or trust indenture may prescribe systems, methods,

routines, or procedures for the operation of the parking

facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.146. ELECTION NOT REQUIRED. The commissioners court

may issue bonds under this subchapter without holding an election

to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER F. BONDS FOR PUBLIC HEALTH ADMINISTRATION BUILDINGS IN

CERTAIN COUNTIES

Sec. 1473.171. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county that:

(1) contains a municipality with a population of more than

275,000; and

(2) before April 27, 1965, ordered an election for the issuance

of bonds for:

(A) erecting a public health administration building; and

(B) acquiring a site and equipment for a public health

administration building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.172. AUTHORITY FOR PUBLIC HEALTH ADMINISTRATION

BUILDING. If the bonds were approved at an election ordered

before April 27, 1965, the county alone or jointly with a

municipality located in the county, may:

(1) erect, maintain, expand, or repair a public health

administration building; or

(2) acquire a site or equipment for a public health

administration building.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.173. AUTHORITY TO ISSUE BONDS. (a) If the bonds were

approved at an election ordered before April 27, 1965, the county

may issue general obligation bonds to finance:

(1) the erection, maintenance, expansion, and repair of a

building authorized by Section 1473.172; and

(2) the acquisition of a site and equipment for the building.

(b) The commissioners court shall issue any bonds under this

subchapter in compliance with the applicable provisions of

Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.174. COST SHARING AND INTEREST IN JOINT PROJECTS. A

county and a municipality that jointly erect a public health

administration building under this subchapter shall share the

cost of, and shall each have an undivided interest in, the

building:

(1) as agreed by the governing bodies of the county and the

municipality; and

(2) as authorized by orders or ordinances adopted by the

governing bodies of the county and the municipality.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.175. USE OF JOINT PROJECT BUILDING. (a) Except as

provided by Subsection (b), a public health administration

building erected jointly by a county and a municipality under

this subchapter may be:

(1) used for any purpose that will contribute to the health of

the residents of the county and municipality; and

(2) occupied and used by the county and municipality jointly.

(b) The public health administration building may not be used

for hospital purposes.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER G. BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A

POPULATION OF MORE THAN 900,000

Sec. 1473.191. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county with a population of more than 900,000.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.192. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (a)

The commissioners court of a county may:

(1) issue bonds to pay for the acquisition, construction, or

equipment of a county workhouse or county farm to be used to

confine or to use the labor of county prisoners, including the

acquisition of a site for the workhouse or farm; and

(2) impose a tax to pay the bonds.

(b) A county that maintains a permanent improvement fund shall

deposit the tax to the credit of that fund to pay for an action

taken under Subsection (a)(1).

(c) The commissioners court shall issue any bonds under this

subchapter and impose the tax in compliance with the applicable

provisions of Subtitles A and C.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.193. ELECTION. (a) The commissioners court may issue

bonds under this subchapter only if more than a majority of the

qualified voters voting at an election held for that purpose

approve the bonds.

(b) Subsection (a) does not apply to refunding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.194. ELECTION PROPOSITION. Bonds to be issued under

this subchapter may be submitted in a single proposition at the

bond election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.195. NOTICE OF ELECTION. (a) In addition to the

notice required by Section 4.003(c), Election Code, notice of an

election under this subchapter shall be given by publication in a

newspaper of general circulation in the county.

(b) The notice must contain a substantial copy of the election

order.

(c) The notice must be published on the same day in each of two

consecutive weeks. The first publication must be at least 14 days

before the election.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER H. CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION

FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 900,000

Sec. 1473.231. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county with a population of more than 900,000.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.232. AUTHORITY TO OPERATE CRIME DETECTION FACILITIES;

FEES, CHARGES, AND EXPENSES. (a) The commissioners court of a

county may:

(1) operate and maintain the county's crime detection

facilities; and

(2) impose and collect fees or charges for services performed or

information provided to others in the use of the facilities.

(b) The commissioners court shall pay the operation and

maintenance expenses of the facilities from the fees or charges

or other available county funds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.233. AUTHORITY TO ISSUE CERTIFICATES OF INDEBTEDNESS

AND IMPOSE TAX. (a) The commissioners court by order may issue

certificates of indebtedness to finance the acquisition,

construction, repair, improvement, or equipment of a crime

detection facility, including the acquisition of any property in

connection with the facility.

(b) The commissioners court annually shall impose and pledge to

the payment of the certificates an ad valorem tax sufficient to

pay when due the principal of and interest on the certificates.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.234. MATURITY. A certificate of indebtedness issued

under this subchapter must mature not later than 40 years after

its date.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.235. ELECTION NOT REQUIRED. The commissioners court

may issue certificates of indebtedness under this subchapter

without holding an election to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.236. LIMIT ON AMOUNT OF CERTIFICATES. The aggregate

principal amount of certificates of indebtedness issued under

this subchapter may not exceed $1.5 million.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER I. BONDS FOR AUDITORIUM OR COLISEUM PARKING FACILITIES

IN COUNTIES WITH POPULATION OF MORE THAN ONE MILLION

Sec. 1473.261. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a county that:

(1) has a population of more than one million; and

(2) has issued bonds to construct buildings or other permanent

improvements for a coliseum or auditorium in the county.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.262. DEFINITIONS. In this subchapter:

(1) "Bond order" means an order authorizing the issuance of

revenue bonds under this subchapter.

(2) "Parking facility" means:

(A) a lot, area, or structure used to park motor vehicles;

(B) the site for the lot, area, or structure; and

(C) equipment used in connection with maintenance and operation

of the lot, area, or structure.

(3) "Trust indenture" means an instrument, including a mortgage

or deed of trust, that secures bonds issued under this subchapter

by:

(A) a pledge of revenue; or

(B) a pledge of revenue and a mortgage lien on property.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.263. AUTHORITY FOR PARKING FACILITY. The

commissioners court of the county may construct, enlarge,

furnish, equip, and operate a parking facility in the vicinity of

a coliseum or auditorium if the court finds the action to be in

the best interest of the county and the county's residents.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.264. LEASE OF PARKING FACILITY. The commissioners

court may lease the parking facility to any person or

corporation.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.265. AUTHORITY TO ISSUE REVENUE BONDS. The

commissioners court by order or trust indenture may issue revenue

bonds to provide money to construct, enlarge, furnish, or equip a

parking facility authorized by this subchapter.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.266. PLEDGE OF REVENUE. Bonds issued under this

subchapter must be payable from, and secured by a pledge of, the

net revenue of the county's operation of the parking facility.

The bonds may be payable from any other revenue incident to the

ownership of the parking facility, including money received from

a lease of the facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.267. BONDS NOT PAYABLE FROM TAXES. Each bond issued

under this subchapter must include the following provision: "The

holder of this obligation is not entitled to demand payment of

this obligation from money raised by taxation."

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.268. MATURITY. A bond issued under this subchapter

must mature within 40 years.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.269. SIGNATURES; REGISTRATION BY COUNTY TREASURER. A

bond issued under this subchapter must be:

(1) signed by the county judge;

(2) countersigned by the county clerk; and

(3) registered by the county treasurer.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.270. ADDITIONAL BONDS. (a) The commissioners court

may issue bonds under this subchapter that are a junior lien on

the net revenue or property unless the bond order or trust

indenture prohibits their issuance.

(b) The commissioners court may issue parity bonds under

conditions in the bond order or trust indenture.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.271. SALE OF BONDS. The county may sell the bonds

under terms the commissioners court determines to be the most

advantageous and reasonably obtainable.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.272. USE OF BOND PROCEEDS. (a) The commissioners

court may set aside from the bond proceeds:

(1) money to pay interest on the bonds; and

(2) money in the amount the commissioners court estimates to be

required for operating expenses until the parking facility

becomes sufficiently operational.

(b) The commissioners court may not set aside money under this

section in an amount that exceeds the amount of money necessary

to cover interest and operating expenses for the estimated period

of construction and the first two years of operation, less any

earnings during that time.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.273. RENTS AND RATES FOR SERVICES. (a) The

commissioners court shall charge rates for services of the

facility, including rents under a lease, and shall use any other

revenue generated by the facility so that the revenues of the

facility are sufficient to:

(1) pay the expenses of owning, operating, and maintaining the

facility;

(2) pay the principal of and interest on the bonds when due; and

(3) create and maintain a bond reserve fund and other funds as

provided by the bond order or trust indenture.

(b) The county may not provide free use of the parking facility

to any person, firm, or corporation, except that the county and

any county agency or department may make free use of the facility

after bonds issued under this subchapter have been fully paid.

(c) The commissioners court may provide, in an order authorizing

the bonds or in a lease of the parking facility, for minimum

periodic payments from any county resource to the bond interest

and sinking fund or to the lessee for county or county agency or

department use of any part of the parking facility designated for

county or county agency or department use.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.274. REFUNDING BONDS. (a) The commissioners court

may issue bonds to refund outstanding bonds issued under this

subchapter.

(b) The refunding bonds may be issued in the manner provided by

this subchapter for other bonds.

(c) The refunding bonds may be issued to be exchanged by the

comptroller or to be sold, with the bond proceeds applied to the

payment of outstanding bonds.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.275. PROVISIONS FOR OPERATION OF PARKING FACILITY.

The bond order or trust indenture may prescribe systems, methods,

routines, or procedures for the operation of the parking

facility.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.

Sec. 1473.276. ELECTION NOT REQUIRED. The commissioners court

may issue bonds under this subchapter without holding an election

to approve the issuance.

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1,

1999.