CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY RESEARCH AUTHORITY
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE G. ECONOMIC DEVELOPMENT PROGRAMS INVOLVING BOTH STATE
AND LOCAL GOVERNMENTS
CHAPTER 2301. SUPERCONDUCTING SUPER COLLIDER FACILITY RESEARCH
AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2301.001. DEFINITIONS. In this chapter:
(1) "Agreement" includes a contract or lease.
(2) "Authority" means a research authority created under this
chapter.
(3) "Board" means the board of directors of an authority.
(4) "Bond" means any type of obligation issued by an authority
under this chapter, including any bond, note, draft, bill,
warrant, debenture, interim certificate, revenue or bond
anticipation note, any form of contract the authority considers
appropriate for the purchase of property including an installment
purchase, conditional purchase, or lease with option to purchase,
or other evidence of indebtedness.
(5) "Eligible project" means a project necessary or incidental
to the super collider facility and its neighboring communities,
including the acquisition, construction, operation, maintenance,
or enhancement of:
(A) roads, bridges, and rights of way;
(B) housing;
(C) real and personal property;
(D) police, fire, medical, cultural, educational, and research
services, equipment, institutions, and resources;
(E) other community support services;
(F) flood control, water, and wastewater treatment facilities;
(G) other infrastructure improvements; and
(H) rights useful in connection with the super collider facility
and its neighboring communities.
(6) "Public entity" means any county, municipality, district or
authority created under Article III, Section 52, or Article XVI,
Section 59, of the Texas Constitution, or other political or
corporate body of the state.
(7) "Super collider facility" means any superconducting super
collider high-energy research facility that is or is proposed to
be sponsored, authorized, and funded in part by the United States
government.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.002. ESTABLISHMENT OF AUTHORITY. (a) Two or more
public entities, by adopting substantially identical resolutions,
orders, or ordinances, may establish a research authority and
specify the authority's powers consistent with this chapter.
(b) The name of an authority must include the name or
description of the area of the state in which the super collider
facility is located or proposed to be located.
(c) An additional public entity may join an authority:
(1) by adopting a resolution, order, or ordinance substantially
identical to those by which the authority is established; and
(2) on attaining the consent of the public entities that
established the authority or that are subsequently added.
(d) Subject to the terms of an agreement entered into by an
authority, public entities comprising the authority may amend
their resolutions, orders, or ordinances establishing an
authority by the adoption of substantially identical amending
resolutions, orders, or ordinances.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.003. BOARD OF DIRECTORS. (a) An authority is
governed by a board of directors composed of the number of
directors determined by the resolutions, orders, or ordinances
governing the authority. Directors serve two-year terms expiring
June 1 of each odd-numbered year.
(b) The board shall elect a presiding officer from among its
members.
(c) An employee, officer, or member of the governing body of a
participating public entity may serve as a director.
(d) A director, officer, or employee of an authority may not
have a personal interest, other than in the individual's official
capacity, in an agreement executed by the authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.004. PAYMENT FROM AD VALOREM TAXES. (a) An agreement
that is between one or more public entities and an authority and
includes payments in whole or in part from ad valorem taxes
levied by the public entity may provide that the authority shall
establish a uniform tax rate that each participating public
entity is obligated to levy and collect for the authority and pay
to the authority as provided by the agreement. The rate
established by the authority may not exceed any maximum rate in
the agreement.
(b) A payment under an agreement under this section that is made
in whole or in part from ad valorem taxes is payment of principal
and interest on an evidence of indebtedness of the public entity
for the purposes of Section 26.04, Tax Code, regardless of
whether the agreement constitutes "debt" within the meaning of
that section or pays the principal and interest on bonds of the
authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.005. WRITTEN CONTRACT REQUIREMENTS. (a) A county may
not contract with an authority providing for periodic payments to
be made by the county for longer than one year unless the
authority also contracts as provided by Subsection (b) with at
least two other counties.
(b) Each contract executed under this section must:
(1) be in writing;
(2) be in substantially the same form, except as to the source
and timing of funds to be paid under the contract;
(3) provide that funds or any amounts earned from the investment
of those funds received by the authority under the contract may
not be used for payment of salary to an employee of the
authority; and
(4) provide that funds received by the authority under the
contract may be used only to pay or reimburse the costs of the
acquisition of land or an interest in land or to pay expenses or
other costs incidental to that acquisition.
(c) The requirement that payments to be made under a contract
are determined according to a uniform amount for each motor
vehicle registered in the county does not make the contracts have
a different form.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.006. TAX EXEMPTION. An authority and its property,
income, and operations are exempt from taxes imposed by the
state, an agency or instrumentality of this state, or a public
entity of the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.007. LOANS AND GRANTS. A public entity may make loans
and grants of public money or property for eligible projects that
contribute to the public purposes of development and
diversification of the economy of the state, the elimination of
underemployment and unemployment in the state, or the development
or expansion of transportation or commerce in the state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER B. POWERS OF AN AUTHORITY
Sec. 2301.031. DESCRIPTION OF AUTHORITY. An authority is a
political and corporate body and a political subdivision of this
state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.032. AUTHORITY TO BRING SUIT. An authority may sue
and be sued.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.033. AGREEMENTS. An authority may make agreements
with and accept donations, grants, and loans from any person,
including the United States, this state, a department or agency
of this state, a public entity, and a public or private
corporation, including those public entities creating the
authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.034. ACQUISITION OF PROPERTY. An authority may:
(1) without taking competitive bids, acquire, convey, grant,
loan, pledge, mortgage, grant a security interest in, or
otherwise dispose of any land, easement, road, bridge,
infrastructure improvement, other property or improvement,
service or cash, or interest in any of the items described by
this subdivision that will permit or aid in the accomplishment of
the purposes of this chapter; and
(2) exercise the power of eminent domain to acquire land,
easements, and property interests as determined to be necessary
by the board for eligible projects, including the power to
acquire fee title in land condemned.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.035. FUNDS. An authority may:
(1) make loans to public or private entities to fund eligible
projects;
(2) issue bonds to fund eligible projects; and
(3) encumber its property, pledge its revenues, and enter credit
agreements, as defined by Section 1371.001, to secure its bonds.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.243, eff.
Sept. 1, 2001.
Sec. 2301.036. ELIGIBLE PROJECTS. An authority may:
(1) undertake eligible projects;
(2) adopt and enforce reasonable rules to carry out the
authority's purposes, to secure and maintain safe, efficient, and
normal operation and maintenance of the super collider facility
and its eligible projects, and to regulate privileges on any
land, easement, or property interest adjoining the site of the
super collider facility to prevent activities on the adjoining
land, easement, or property interest that could adversely affect
the safe, efficient, and normal operation and maintenance of the
super collider facility or its eligible projects; and
(3) exercise any power necessary or useful to an eligible
project.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.037. EXERCISE OF OTHER POWERS. An authority may:
(1) adopt bylaws and exercise any power consistent with this
chapter and the resolutions, orders, or ordinances creating the
authority; and
(2) perform any act necessary for the full exercise of the
powers vested in the authority and exercise any power, right, or
duty that will permit accomplishment of the purposes of the
authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER C. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES
Sec. 2301.061. POWERS OF STATE AGENCIES AND PUBLIC ENTITIES TO
ACT. A public entity or state agency may carry out the purposes
of this chapter without any further authorization.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.062. AGREEMENTS. A public entity or state agency may
make agreements with and accept donations, grants, and loans from
any person, including the United States, this state, a department
or agency of this state, a public entity, and a public or private
corporation, including any authority.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
609, Sec. 6, eff. June 15, 2007.
Sec. 2301.063. ACQUISITION OF PROPERTY. A public entity or
state agency may without taking competitive bids, acquire,
convey, grant, loan, pledge, mortgage, grant a security interest
in, or otherwise dispose of any land, easement, road, bridge,
infrastructure improvement, or other property or improvement,
service or cash, or interest in any item described by this
subdivision that will permit or aid in the accomplishment of the
purposes of this chapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.0635. NOTICE OF CERTAIN LEASES TO TAX APPRAISAL
OFFICE. (a) A public entity or state agency that owns real
property or a facility acquired under this chapter shall notify
the tax appraisal office for the county in which the property is
located of any possessory interest in the property, including a
leasehold, that on January 1 is held by another person.
(b) Notice under this section is given by delivering to the tax
appraisal office, not later than May 1, a copy of each instrument
evidencing the conveyance of a possessory interest in the
property.
(c) If after receipt of notice under Subsection (b) the chief
appraiser of the tax appraisal office determines that additional
information relating to the conveyance of the possessory interest
is necessary for the appraisal of that interest for ad valorem
tax purposes, the chief appraiser may request the public entity
or state agency to provide the additional information. If the
chief appraiser requests additional information under this
subsection, the public entity or state agency shall deliver the
requested information to the tax appraisal office, or notify the
chief tax appraisal office that it does not possess the requested
information, before the 30th day after the date of the request.
Added by Acts 1995, 74th Leg., ch. 177, Sec. 1, eff. Aug. 28,
1995.
Sec. 2301.064. USE OF FUNDS. A public entity or state agency
may:
(1) use its funds, including tax revenues, to plan, acquire,
construct, own, operate, maintain, or enhance eligible projects,
including, in the case of a public entity, eligible projects
located outside the jurisdiction or boundaries of the public
entity if the governing body of the public entity determines that
the project will contribute to the development and
diversification of the economy, the elimination of unemployment
or underemployment, or the development or expansion of commerce
within the public entity;
(2) levy taxes to provide for payment of amounts required under
agreements with any person, including the United States, the
state, a department and agency of this state, a public entity,
and a public or private corporation, including any authority;
and
(3) pledge tax revenue to the payment of agreements.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
609, Sec. 6, eff. June 15, 2007.
Sec. 2301.065. ELIGIBLE PROJECTS. (a) A public entity or state
agency may:
(1) participate in or undertake eligible projects; and
(2) adopt and enforce reasonable rules:
(A) to secure and maintain safe, efficient, and normal operation
and maintenance of the super collider facility and its eligible
projects;
(B) in the case of a public entity, to regulate privileges on
any land, easement, or property interest that is located within
the jurisdiction or boundaries of the public entity and that
adjoins the super collider facility site; and
(C) in the case of a public entity, to prevent activities on
adjoining land, easement, or property interest that would
adversely affect the safe, efficient, and normal operation and
maintenance of the super collider facility or its eligible
projects.
(b) A state agency may not exercise any rule-making powers under
Subsection (a).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.066. EFFECT ON OTHER LAWS. This subchapter does not
change the power of the state or any state agency to levy,
collect, or set rates of taxes.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.067. ENFORCEMENT OF REGULATIONS. (a) A person who
violates a rule adopted under Sections 2301.036 and 2301.065
commits an offense. An offense under this subsection is a Class C
misdemeanor.
(b) Public entities and an authority are encouraged to cooperate
in the adoption and enforcement of rules to achieve a uniformity
of standards applicable to the regulation of privileges and
activities on any land, easement, or property interest adjoining
the super collider facility site.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.068. ELECTIONS. (a) A public entity may enter an
agreement payable by taxes or otherwise without authorization
through an election, if the transaction is not a bond or
obligation of a public entity issued for making loans or grants
payable from ad valorem taxes, within the meaning of Article III,
Section 52-a, of the Texas Constitution.
(b) An election required by the Texas Constitution to be held by
the public entity to authorize an agreement proposed to be made
under this chapter shall be held under the applicable law
governing bond elections for the public entity.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER D. BONDS AND OTHER FUNDS
Sec. 2301.091. BONDS. (a) By resolution, an authority may
authorize the issuance, sale, and delivery of bonds for the
accomplishment of its purposes.
(b) Any bonds that are payable from ad valorem taxes levied by a
public entity to pay principal and interest on bonds of an
authority may be issued only after an affirmative vote of the
qualified voters of the public entities that comprise the
authority.
(c) To accomplish the purposes of this chapter, an authority has
the powers granted to industrial development corporations by
Sections 501.054, 501.059, 501.060, 501.064(a), 501.067, 501.074,
501.153(a), 501.154, 501.155, 501.159, 501.201(a), 501.210(b),
501.214, and 501.402, Local Government Code, except the
limitations provided by Section 501.064(c), Local Government
Code, and Sections 501.153(b), 501.208(a), (c), and (e), 501.209,
501.210, and 501.213, Local Government Code, but is otherwise
governed by this chapter.
(d) In issuing bonds, an authority may exercise the powers
granted to the governing body of an issuer relating to the
issuance of obligations under Chapter 1371.
(e) The bonds may not be a debt or pledge of the faith and
credit of the state, the authority, or a public entity, but may
be payable solely from revenues arising under this chapter, from
grants provided by the United States, the state, a department or
agency of this state, public or private entities, or from
agreements with public or private entities.
(f) As determined by the board, an authority may pledge to the
payment of any bond the revenues of all or part of the eligible
projects acquired or undertaken by the authority.
(g) A bond issued by an authority shall contain on its face a
statement of the limitation in Subsections (e) and (f).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.244, eff.
Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.11, eff. April 1, 2009.
Sec. 2301.092. ISSUANCE OF BONDS. (a) Bonds authorized under
Section 2301.091 may be executed and delivered as a single issue
or as several issues and may be in any denomination and form,
including registered uncertified obligations not represented by
written instruments and commonly known as book-entry obligations,
for which the registration of ownership and transfer shall be
provided by the authority under a system of books and records
maintained by a financial institution domiciled inside or outside
the state and serving as trustee, paying agent, or bond
registrar.
(b) The bonds of an authority must be signed by the presiding
officer or assistant presiding officer of the authority, be
attested by the secretary, and bear the seal of the authority.
The signatures may be printed or lithographed on the bonds if
authorized by the authority, and the seal may be impressed,
lithographed, or printed on the bonds.
(c) The authority may adopt or use for any purpose the signature
of an individual who has been an officer of the authority,
regardless of whether the individual has ceased to be an officer
at the time the bonds are delivered to a purchaser.
(d) The bonds must mature serially or otherwise not to exceed 40
years after their respective dates of issuance and may be sold at
a public or private sale at a price or under terms determined by
the authority to be the most advantageous reasonably obtainable.
(e) The bonds may bear no interest or a rate of interest
determined by the authority or by a contractual agreement
approved by the authority, but may not exceed the maximum net
effective interest rate allowed by Chapter 1204.
(f) The bonds may be subject to redemption before maturity at
times and prices approved by the authority.
(g) The bonds are subject to review and approval by the attorney
general in the same manner and with the same effect as is
provided by Chapter 1371.
(h) The bonds are legal and authorized investments for a bank,
trust company, savings and loan association, insurance company,
fiduciary, trustee, or guardian or a sinking fund of a
municipality, county, school district, or other political
subdivision of this state.
(i) The bonds may be used to secure deposits of public funds of
this state and municipalities, counties, school districts, or
other political subdivisions of this state. The bonds are lawful
and sufficient security for deposits to the extent of the
principal amount of the bonds or their value on the market,
whichever is less, when accompanied by all attached unmatured
coupons.
(j) An authority may issue bonds to refund all or part of its
outstanding bonds, including unpaid interest, in the manner
provided by law.
(k) The bonds, any interest on the bonds, any transaction
relating to the bonds, and any profit made in the sale of the
bonds are exempt from taxation by the state, an agency or
instrumentality of the state, or any political subdivision of the
state.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.245, eff.
Sept. 1, 2001.
Sec. 2301.093. USE OF PROCEEDS. (a) The proceeds of bonds
issued under this chapter may be used only to finance eligible
projects, pay professional and consulting fees and related
expenses, and pay the costs of issuance of the bonds.
(b) An authority may set aside from the proceeds of the sale of
bonds amounts for payments into the interest and sinking fund and
reserve fund, and for interest and operating expenses during
construction and development, as specified in the proceedings
authorizing the bonds.
(c) Bond proceeds may be invested, pending their use, in
securities, interest-bearing certificates, and time deposits as
specified in the authorizing proceedings.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 2301.094. USE OF FUNDS. The authority may use funds,
including tax revenues or other money received by the authority
from a public entity, to finance eligible projects located
outside the jurisdiction or boundary of the public entity, if the
governing body of the public entity determines that the eligible
projects will contribute to the development and diversification
of the economy, the elimination of unemployment or
underemployment, or the development or expansion of commerce
within the public entity.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.