CHAPTER 1431. ANTICIPATION NOTES

GOVERNMENT CODE

TITLE 9. PUBLIC SECURITIES

SUBTITLE H. SPECIFIC AUTHORITY FOR MORE THAN ONE TYPE OF LOCAL

GOVERNMENT TO ISSUE SECURITIES

CHAPTER 1431. ANTICIPATION NOTES

Sec. 1431.001. DEFINITIONS. In this chapter:

(1) "Anticipation note" means a note issued under this chapter.

(2) "Eligible countywide district" means a flood control

district or a hospital district the boundaries of which are

substantially coterminous with the boundaries of a county with a

population of three million or more or a hospital district

created in a county with a population of more than 800,000 that

was not included in the boundaries of a hospital district before

September 1, 2003.

(3) "Eligible school district" means an independent school

district that has an average daily attendance of 190,000 or more

as determined under Section 42.005, Education Code.

(4) "Governing body" means the commissioners court of a county

or the governing body of a municipality, eligible school

district, or eligible countywide district authorized to issue

anticipation notes on behalf of an issuer.

(5) "Issuer" means a county, municipality, eligible school

district, or eligible countywide district issuing an anticipation

note.

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

1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 1, eff.

Sept. 1, 2001.

Amended by:

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

164, Sec. 2, eff. September 1, 2007.

Sec. 1431.002. AUTHORITY TO ISSUE ANTICIPATION NOTES. (a) The

commissioners court of a county by order, on the recommendation

of the county auditor or the county budget officer, as

applicable, or the governing body of an eligible countywide

district may authorize the issuance of an anticipation note.

(b) The governing body of a municipality by ordinance may

authorize the issuance of an anticipation note.

(c) The governing body of an eligible school district by order

may authorize the issuance of an anticipation note.

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

1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 2, eff.

Sept. 1, 2001.

Sec. 1431.003. ADDITIONAL AUTHORITY OF COUNTIES AND CERTAIN

MUNICIPALITIES. (a) This section applies only to an issuer that

is:

(1) a county;

(2) a municipality with a population of 80,000 or more;

(3) an eligible school district; or

(4) an eligible countywide district.

(b) Notwithstanding anything in this chapter to the contrary,

the governing body may exercise the authority granted to the

governing body of an issuer with regard to issuance of

obligations under Chapter 1371, except that the prohibition in

that chapter on the repayment of an obligation with ad valorem

taxes does not apply to an issuer exercising the authority

granted by this section.

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

1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 3, eff.

Sept. 1, 2001.

Sec. 1431.004. USES OF ANTICIPATION NOTE PROCEEDS. (a) An

issuer, other than an eligible school district, may use the

proceeds of an anticipation note to pay:

(1) a contractual obligation incurred or to be incurred for:

(A) the construction of a public work;

(B) the purchase of materials, supplies, equipment, machinery,

buildings, lands, and rights-of-way for the issuer's authorized

needs and purposes; or

(C) a professional service, including a service by a tax

appraisal engineer, engineer, architect, attorney, mapmaker,

auditor, financial advisor, or fiscal agent;

(2) operating or current expenses; or

(3) the issuer's cumulative cash flow deficit.

(b) The governing body of an eligible school district may use

the proceeds of an anticipation note to pay an obligation

incurred or to be incurred for:

(1) a purpose described by Subsection(a)(1)(C), (2), or (3); or

(2) the purchase of materials, supplies, equipment, or machinery

for an issuer's authorized needs and purposes.

(c) For the purposes of this section, the cumulative cash flow

deficit is the amount by which the sum of an issuer's anticipated

expenditures and cash reserve reasonably required to pay

unanticipated expenditures exceeds the amount of the issuer's

cash, marketable securities, and money in an account that may be

used to pay an issuer's anticipated expenditures, other than:

(1) money in an account the use of which is subject to

legislative or judicial action or that is subject to a

legislative, judicial, or contractual requirement that the

account be reimbursed; or

(2) the proceeds of an anticipation note.

(d) For the purposes of Subsection (c), an amount equal to one

month's anticipated expenditures is presumed to be reasonably

required as a cash reserve.

(e) An issuer, other than an eligible school district, may use

the proceeds of an anticipation note or other obligation issued

under Section 1431.015:

(1) for purposes described by Subsection (a); or

(2) to pay for:

(A) employee salaries;

(B) the lease of materials, supplies, equipment, machinery,

buildings, lands, and rights-of-way for the issuer's authorized

needs and purposes;

(C) the demolition of dangerous structures or the restoration of

historic structures;

(D) economic development grants made under Chapter 380, Local

Government Code; or

(E) the accomplishment of any other purpose the issuer considers

necessary in relation to preserving or protecting the public

health and safety.

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

1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 4, eff.

Sept. 1, 2001.

Amended by:

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

929, Sec. 1, eff. June 15, 2007.

Sec. 1431.005. GENERAL LIMITATION. An issuer may not use

proceeds of an anticipation note to repay interfund or other

borrowing that occurred earlier than 24 months before the date of

the ordinance or order authorizing the issuance of the note.

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

1999.

Sec. 1431.006. LIMITATION ON NOTES TO PAY EXPENSES. (a)

Anticipation notes issued for the purposes described by Section

1431.004(a)(2) may not, in the fiscal year in which the attorney

general approves the notes:

(1) for a municipality, exceed 75 percent of the revenue or

taxes anticipated to be collected in that year;

(2) for a county or an eligible countywide district, exceed 50

percent of the revenue or taxes anticipated to be collected in

that year; or

(3) for an eligible school district, exceed 75 percent of the

income of the district for the fiscal year preceding that year.

(b) This section does not apply to an anticipation note or other

obligation issued under Section 1431.015.

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

1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 5, eff.

Sept. 1, 2001.

Amended by:

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

929, Sec. 2, eff. June 15, 2007.

Sec. 1431.007. GENERAL SOURCES OF PAYMENT. (a) Except as

provided by Subsection (b), a governing body may:

(1) provide that anticipation notes be paid from and secured by

revenue, taxes, a combination of revenue and taxes, or the

proceeds of bonds to be issued by the issuer; and

(2) pledge to the payment of anticipation notes revenue, taxes,

a combination of revenue and taxes, or the proceeds of bonds to

be issued by the issuer.

(b) The governing body of a flood control district operating as

a conservation and reclamation district that issues anticipation

notes for one or more purposes described in Section

1431.004(a)(1) may:

(1) provide that the anticipation notes be paid from and secured

by revenue or the proceeds of bonds to be issued by the issuer;

and

(2) pledge to the payment of the anticipation notes revenues or

the proceeds of bonds to be issued by the issuer.

(c) A governing body issuing an anticipation note or other

obligation under Section 1431.015 may:

(1) provide that the anticipation note or other obligation be

paid from and secured by any revenue, including sales taxes,

other taxes, a combination of nontax and tax revenue, the

proceeds of bonds to be issued by the issuer, and reimbursements

or other funds to be received from the Federal Emergency

Management Agency or any other state or federal agency

reimbursing or providing funds to the issuer for costs incurred

as a result of the emergency; and

(2) pledge to the payment of the anticipation note or other

obligation any revenue, including sales taxes, other taxes, a

combination of nontax and tax revenue, the proceeds of bonds to

be issued by the issuer, and reimbursements or other funds to be

received from the Federal Emergency Management Agency or any

other state or federal agency reimbursing or providing funds to

the issuer for costs incurred as a result of the emergency.

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

1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 6, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 270, Sec. 2, eff. June

18, 2003.

Amended by:

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

929, Sec. 3, eff. June 15, 2007.

Sec. 1431.008. AD VALOREM TAXES AS SOURCE OF PAYMENT. (a) A

governing body may not issue anticipation notes that are payable

from bonds secured by an ad valorem tax unless the proposition

authorizing the issuance of the bonds:

(1) is approved by a majority of the votes cast in an election

held by the issuer; and

(2) states that anticipation notes may be issued.

(b) A governing body that pledges to the payment of anticipation

notes an ad valorem tax to be imposed in a subsequent fiscal year

shall impose the tax in the ordinance or order that authorizes

the issuance of the notes.

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

1999.

Sec. 1431.009. MATURITY. (a) Except as provided by Subsection

(b) or (e), an anticipation note issued for a purpose described

by Section 1431.004(a)(1) or (b)(2) must mature before the

seventh anniversary of the date that the attorney general

approves the note.

(b) An anticipation note issued by a county with a population of

three million or more, an eligible countywide district, or an

eligible school district for a purpose described by Section

1431.004(a)(1) or (b)(2) must mature before the 15th anniversary

of the date that the attorney general approves the note.

(c) Except as provided by Subsection (e), an anticipation note

issued for a purpose described by Section 1431.004(a)(2) or (3)

must mature before the first anniversary of the date that the

attorney general approves the note.

(d) A bond issued under Chapter 1207 to refund an anticipation

note issued by a county, municipality, or eligible countywide

district for a purpose described by Section 1431.004(a)(1) or by

an eligible school district for a purpose described by Section

1431.004(a)(1)(C) or (b)(2) is subject to the limitation on

maturity provided by Section 1207.006 and not the limitation

provided by Subsection (a).

(e) An anticipation note or other obligation issued under

Section 1431.015 for any authorized purpose must mature before

the 10th anniversary of the date the attorney general approves

the note or other obligation.

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

1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 7, eff.

Sept. 1, 2001.

Amended by:

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

929, Sec. 4, eff. June 15, 2007.

Sec. 1431.010. SALE OF NOTES. A governing body may sell an

anticipation note at public or private sale for cash.

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

1999.

Sec. 1431.011. ATTORNEY GENERAL APPROVAL OF CERTAIN NOTES.

Chapter 1371 governs approval by the attorney general of

anticipation notes issued under Section 1431.003.

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

1999.

Sec. 1431.012. RESTRICTION ON CERTAIN CONTRACTS PAYABLE FROM

PROCEEDS OF NOTES. (a) Except as provided by Subsection (b), a

county must comply with the competitive bidding requirements of

Subchapter C, Chapter 271, Local Government Code, in connection

with a contract to be paid from the proceeds of anticipation

notes issued for a purpose described by Section

1431.004(a)(1)(A).

(b) Competitive bidding requirements do not apply to an

anticipation note or other obligation issued under Section

1431.015 for any authorized purpose.

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

1999.

Amended by:

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

929, Sec. 5, eff. June 15, 2007.

Sec. 1431.013. CONFLICT WITH OTHER LAWS. If there is a conflict

between this chapter and another statute:

(1) an issuer may act under either; and

(2) the governing body is not required to specify the law under

which the action is taken.

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

1999.

Sec. 1431.014. CERTAIN NOTES FOR RURAL ECONOMIC DEVELOPMENT.

(a) Notwithstanding any other provision of this chapter, an

issuer participating in a rural economic development program

established by the Texas Agricultural Finance Authority may sell

to the authority an anticipation note issued for a purpose

described by Section 1431.004(a)(1), provided that the note

matures before the 30th anniversary of the date the note is

issued.

(b) Anticipation notes issued by a single issuer under this

section in an aggregate original principal amount of not more

than $500,000 are not subject to the approval requirements of

Section 1431.011 or Chapter 1202.

(c) An issuer may issue anticipation notes under this section

for the same purpose not more than once in any 12-month period.

Added by Acts 2001, 77th Leg., ch. 152, Sec. 1, eff. May 16,

2001.

Sec. 1431.015. CERTAIN NOTES OR OTHER OBLIGATIONS FOR EMERGENCY

FINANCING. (a) In this section, "emergency" means the

occurrence of widespread or severe damage, injury, or loss of

life or property affecting an area in the jurisdiction of an

issuer and resulting from a hurricane or tropical storm,

including wind damage, fire damage, damage from wave action, or

flood damage resulting from the hurricane or tropical storm.

(b) Notwithstanding any other provision of this chapter, an

issuer located within 70 miles of the Gulf of Mexico or of a bay

or inlet of the gulf may authorize the issuance of an

anticipation note or other obligation in the event of an

emergency.

(c) The issuer shall deliver to the attorney general, in

accordance with Section 1431.017, a transcript of proceedings

related to the issuance of an anticipation note or other

obligation issued under this section. However, before delivery of

an anticipation note or other obligation issued under this

section:

(1) the governor must have issued an executive order or

proclamation under Chapter 418 declaring a state of disaster and

designating the area affected by the emergency;

(2) the governing body acting through its presiding officer

under Chapter 418 must have declared a local state of disaster

designating the area affected by the emergency; or

(3) the governor must have proclaimed under Chapter 433 a state

of emergency designating the area affected by the emergency.

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

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

Sec. 1431.016. CONFLICTS WITH MUNICIPAL CHARTER. To the extent

of a conflict between a municipal charter and any provision of

this chapter relating to an anticipation note or other obligation

issued under Section 1431.015, this chapter controls.

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

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

Sec. 1431.017. ATTORNEY GENERAL REVIEW. Following authorization

of an anticipation note or other obligation under Section

1431.015, the issuer shall submit to the attorney general a

transcript of proceedings related to issuance of the anticipation

note or other obligation and provide preliminary approval and

fulfill other requirements relating to the issuance of the

anticipation note or other obligation. On the occurrence of an

emergency affecting the issuer, the attorney general shall

expeditiously review and approve delivery of the anticipation

note or other obligation subject to the issuer's compliance with

preliminary approval requirements.

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

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