CHAPTER 1434. COUNTY AND MUNICIPAL HIGHER EDUCATION IMPROVEMENT BONDS

GOVERNMENT CODE

TITLE 9. PUBLIC SECURITIES

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

GOVERNMENT TO ISSUE SECURITIES

CHAPTER 1434. COUNTY AND MUNICIPAL HIGHER EDUCATION IMPROVEMENT

BONDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 1434.001. APPLICABILITY OF CHAPTER. This chapter applies

only to:

(1) a home-rule municipality with a population of 25,000 or more

that has an institution of higher education located within its

boundaries or has entered into an agreement with an institution

of higher education relating to the provision of services in

furtherance of the completion of certificate programs, degree

programs, or other higher education programs within the

municipality by the institution of higher education; or

(2) a county within which a municipality described by

Subdivision (1) is located.

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

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

237, Sec. 1, eff. May 27, 2009.

Sec. 1434.002. DEFINITIONS. In this chapter:

(1) "Agreement" includes a lease, contract, or lease-purchase

agreement.

(2) "Institution of higher education" means:

(A) an institution of higher education as defined by Section

61.003, Education Code, other than a public junior college; or

(B) a private, nonprofit institution of higher education that is

accredited by the recognized accrediting agency and is located

and authorized to operate in this state, other than a private

institution of higher education operated exclusively for

sectarian purposes.

(3) "Public security" has the meaning assigned by Section

1201.002.

(4) "Recognized accrediting agency" has the meaning assigned by

Section 61.003, Education Code.

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

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

237, Sec. 2, eff. May 27, 2009.

Sec. 1434.003. LEGISLATIVE FINDING. The legislature finds:

(1) that the assistance provided by counties and municipalities

in promoting and providing higher education opportunities for

residents of this state will benefit and enhance the general

welfare of their residents by providing new and alternative

higher education resources and enhanced access to those

resources, improving and enhancing the educational opportunities

of their residents, and allowing the completion of certificate

programs, degree programs, and other higher education programs

locally; and

(2) that those benefits and enhancements constitute public

purposes for counties and municipalities.

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

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

237, Sec. 3, eff. May 27, 2009.

SUBCHAPTER B. ISSUANCE OF BONDS

Sec. 1434.051. FINANCING OF PERMANENT IMPROVEMENTS BY COUNTY OR

MUNICIPALITY. (a) A county or a municipality may:

(1) issue public securities, including certificates of

obligation, to acquire, construct, or improve land, buildings, or

other permanent improvements for use by an institution of higher

education located within a county to which this chapter applies;

and

(2) impose ad valorem taxes to pay the principal of and interest

on those securities and to provide a sinking fund.

(a-1) A municipality that has entered into an agreement

described by Section 1434.001(1) may:

(1) issue public securities, including certificates of

obligation, to acquire, construct, or improve land, buildings, or

other permanent improvements for use by an institution of higher

education;

(2) impose ad valorem taxes to pay and secure payment of the

principal of and interest on those securities and to provide a

sinking fund; and

(3) pledge those taxes, any portion of the revenues received in

connection with the agreement, or any combination of the taxes

and revenue to secure payment of any portion of the public

securities issued to acquire, construct, or improve the land,

buildings, or other permanent improvements for use by the

institution of higher education.

(b) The county or municipality shall:

(1) issue any public securities and impose the taxes in

accordance with the applicable provisions of Subtitles A, C, D,

and E; and

(2) if the securities are certificates of obligation, issue any

certificates and impose the taxes in accordance with Subchapter

C, Chapter 271, Local Government Code.

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

1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

237, Sec. 4, eff. May 27, 2009.

Sec. 1434.052. JOINT FINANCING BY COUNTY AND MUNICIPALITY. (a)

A county and a municipality may jointly issue public securities

and impose ad valorem taxes for a purpose described by Section

1434.051.

(b) The commissioners court of the county and the governing body

of the municipality shall determine the appropriate proportion of

the ad valorem taxes to be imposed by the county and by the

municipality.

(c) A public security proposition that is submitted must

distinctly specify the proportion of ad valorem taxes to be

imposed by the county and by the municipality.

(d) The county and municipality shall issue the public

securities and impose the taxes in accordance with the applicable

provisions of Subtitles A, C, D, and E.

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

1999.

Sec. 1434.053. LIMIT ON TAXES. The only limits on the amount of

taxes that may be imposed to pay the principal of and interest on

public securities, including certificates of obligation, issued

under this chapter are those provided by the Texas Constitution.

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

1999.

Sec. 1434.054. PROJECT APPROVAL BY TEXAS HIGHER EDUCATION

COORDINATING BOARD. (a) Before public securities are issued

under this chapter, the Texas Higher Education Coordinating Board

or its successor agency must review the project to be acquired,

constructed, or improved. The board or its successor agency shall

conduct hearings to review the project in accordance with Chapter

61, Education Code.

(b) Public securities may not be issued under this chapter

unless the board or its successor agency approves the

acquisition, construction, or improvement of the project to be

financed through the issuance of the public securities.

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

1999.

SUBCHAPTER C. DONATION OR USE OF PERMANENT IMPROVEMENTS

Sec. 1434.101. DONATION OF PERMANENT IMPROVEMENTS. (a) A

county or municipality may donate to a general academic teaching

institution a permanent improvement acquired, constructed, or

improved by the county, by the municipality, or by the county and

the municipality jointly.

(b) The donation is not subject to any law of this state

governing the disposition of property owned by a county or

municipality.

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

1999.

Sec. 1434.102. USE OF PERMANENT IMPROVEMENTS. (a) A

municipality may allow a state four-year institution of higher

education or a university system to use land or buildings

acquired by the municipality.

(b) This section does not apply to an institution of higher

education that is supported in any way by revenue from a local

tax base.

(c) A use under this section is a municipal purpose and a public

use for the municipality.

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

1999.