CHAPTER 281. MUNICIPAL CIVIC CENTER AUTHORITIES
LOCAL GOVERNMENT CODE
TITLE 9. PUBLIC BUILDINGS AND GROUNDS
SUBTITLE A. MUNICIPAL PUBLIC BUILDINGS AND GROUNDS
CHAPTER 281. MUNICIPAL CIVIC CENTER AUTHORITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 281.001. SHORT TITLE. This chapter may be cited as the
Civic Center Authority Act.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.002. DEFINITIONS. In this chapter:
(1) "Authority" means a civic center authority created under
this chapter.
(2) "Board" means the board of directors of a civic center
authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. CREATION OF AUTHORITIES
Sec. 281.011. CHARACTERISTICS. (a) An authority is a
governmental agency, a body politic and corporate, and a
political subdivision of the state.
(b) An authority may not impose taxes.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.012. COMPOSITION. (a) An authority may include the
area of any county or part of a county, including municipalities
and other political subdivisions.
(b) An authority may consist of noncontiguous tracts.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.013. PETITION. (a) To create an authority, a petition
requesting the creation must be filed with the county judge of
the county in which the proposed authority is located. The
petition must be accompanied by a deposit of $200.
(b) The deposit is to cover the costs of the notice required by
Section 281.014(c). If the deposit exceeds the cost of the
notice, the difference shall be refunded.
(c) The petition must include:
(1) the signatures of a majority of the members of the governing
body of at least:
(A) one municipality, if the county in which the proposed
authority is located has only one municipality; or
(B) two municipalities, if the county in which the proposed
authority is located has two or more municipalities;
(2) a description of the boundaries of the proposed authority;
(3) the names of the persons recommended for the first board of
directors;
(4) a statement of the desirability of or need for the creation
of the authority; and
(5) the name of the proposed authority.
(d) The boundaries of the proposed authority may be described in
the petition by:
(1) metes and bounds or by lot and block number, if there is a
recorded map or plat and survey of the area;
(2) natural or artificial boundaries or survey lines; or
(3) if the proposed authority is composed entirely of
municipalities, a statement that the authority is composed
entirely of municipalities and a list of the municipalities in
the proposed authority.
(e) The name of the proposed authority must consist of a word or
phrase generally descriptive of the locale of the authority
followed by the words "Civic Center Authority." The name may not
be the same as the name of another authority in the same county.
(f) A copy of the petition shall be recorded in the county deed
records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 111, Sec. 1, eff. Sept. 1,
1999.
Sec. 281.014. NOTICE. (a) When a petition is filed with the
county judge, the judge shall set a date, time, and place for a
hearing on the petition by the judge.
(b) The date of the hearing must be within 20 days after the
date the petition is filed.
(c) The county judge shall issue a notice of the date, time, and
place of the hearing that informs all persons of their right to
appear and contest the form and allegations of the petition and
the desirability of or need for the creation of the proposed
authority. Before the 10th day before the date of the hearing,
the notice must be published at least one time in a newspaper
having general circulation in the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.015. HEARING. (a) At the hearing, the county judge
shall examine the petition to determine its sufficiency. The
county judge may determine all issues raised regarding the
sufficiency of the petition and the creation of the authority and
may enter orders incidental to the issues.
(b) Any interested person may appear at the hearing, in person
or by attorney, and offer testimony regarding the sufficiency of
the petition and whether the creation of the authority is
desirable or necessary.
(c) The county judge may adjourn the hearing from day to day.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.016. FINAL ORDER AND APPEAL. (a) The county judge
shall grant the petition if the judge finds that the petition
conforms to the requirements of Section 281.013 and that the
creation of the authority is desirable or necessary. The judge by
order shall declare the findings.
(b) If the county judge finds that the authority is neither
desirable nor necessary, the judge by order shall deny the
petition.
(c) Within 30 days after the date of the entry of the order, any
person who signed the petition or who testified at the hearing
may appeal the order to an appropriate district court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. ADMINISTRATIVE PROVISIONS
Sec. 281.021. BOARD OF DIRECTORS. (a) An authority must be
governed by a board of directors composed of 5, 7, 9, or 11
directors.
(b) A majority of the directors constitute a quorum and a
concurrence of the majority is sufficient in all matters relating
to the business of the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.022. QUALIFICATIONS. A director must be at least 18
years old and a citizen of the state residing within the
boundaries of the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.023. TERMS OF OFFICE; APPOINTMENTS; VACANCIES. (a)
Each director is appointed for a term of office of two years.
(b) The term of office of the first board begins on the date the
authority is created. The county judge shall appoint successor
directors with the advice and consent of, and from among persons
recommended by, all the municipalities within the authority that
contract with the authority under this chapter.
(c) If a vacancy occurs on the board or in any office on the
board, the board shall appoint a person to fill the vacancy for
the unexpired term. However, if the number of directors at any
time is less than a majority of the positions on the board
because of the failure or refusal of one or more directors to
qualify to serve, the death or incapacitation of one or more
directors, or any other reason, on the petition of a resident of
the authority the county judge shall appoint persons to fill the
vacancies.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.024. BOND; OATHS OF OFFICE. (a) As soon as
practicable after a director is appointed, the director shall
execute a bond that is:
(1) in the amount of $5,000;
(2) payable to the authority; and
(3) conditioned that the director will faithfully perform the
director's duties.
(b) Each director shall take the oath of office prescribed by
the constitution and a written oath that the director will not
have an interest, directly or indirectly, in a contract with, or
claim against, the authority except for a contract or claim
expressly authorized by law or a warrant issued to the director
as a fee of office.
(c) After a petition for the creation of an authority is
granted, the first members of the board must execute their bonds
and take the oaths. After the bonds are executed and the oaths
are taken, the board shall meet and organize.
(d) The bond of a director on the first board must be approved
by the county judge. The bond of a subsequent director must be
approved by the board.
(e) The bond and oaths required by this section must be filed
with the authority and the authority shall keep the bond and
oaths in its records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.025. OFFICERS. (a) After executing the bonds and
taking the oaths, the directors shall elect a president,
vice-president, secretary, and any other officers the board
considers necessary.
(b) The president is the chief executive officer of the
authority and shall preside at each meeting of the board.
(c) The vice-president shall act as president if the president
is absent or disabled. The secretary shall act as president if
both the president and the vice-president are absent or disabled.
(d) The secretary shall provide for the proper keeping of the
books and records of the authority. The board may appoint a
director, the general manager, or any other employee as assistant
or deputy secretary to assist the secretary, and that person may
certify the authenticity of any record of the authority.
(e) A director of a state or national bank may serve as the
authority's treasurer.
(f) The treasurer shall execute a bond, in an amount set by the
board, conditioned that the treasurer will faithfully account for
all money of which the treasurer assumes custody in the capacity
of treasurer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.026. BYLAWS. The board may adopt bylaws to govern:
(1) the time and place of its meetings;
(2) the manner of conducting its meetings;
(3) the powers, duties, and responsibilities of its officers and
employees;
(4) the disbursement of funds by checks, drafts, and warrants;
(5) the appointment and authority of director committees;
(6) the keeping of records and accounts; and
(7) other matters that the board considers appropriate.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.027. OFFICE AND MEETING PLACE. (a) The board shall
designate, establish, and maintain an office and meeting place
within the authority. The board may also establish a meeting
place outside the authority.
(b) If the board establishes a meeting place outside the
authority or changes the location of a meeting place established
outside the authority, it shall file with the county clerk a copy
of the order establishing or relocating the meeting place and
shall publish the location in a newspaper of general circulation
in the county in which the authority is located.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.028. MEETINGS; NOTICE. (a) The board shall hold
regular meetings to conduct authority business and may hold
special meetings as required by authority business.
(b) The board shall hold its meetings in one of its designated
meeting places.
(c) Any interested person may attend any meeting of the board.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.029. FEES OF OFFICE. A director is entitled to receive
fees of office of not more than $25 a day for each day of service
necessary to the discharge of the director's duties, but may not
receive more than $100 for any calendar month regardless of the
number of days of service during that month.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER D. POWERS AND DUTIES
Sec. 281.041. ORGANIZATIONAL EXPENSES. The board may pay costs
necessarily incurred in the creation and organization of the
authority, including the cost of investigating and making plans,
an engineer's or architect's report, and other incidental
expenses, and may reimburse any person for money advanced for
those purposes. The payments may be made from money obtained from
the sale of the first bonds issued by the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.042. MANAGEMENT. The board shall control and manage
the affairs of the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.043. EMPLOYEES. (a) The board shall employ persons
the board considers necessary to conduct the affairs of the
authority, including engineers, attorneys, financial advisors, a
general manager, bookkeepers, auditors, and secretaries. The
board shall determine the term of office and compensation of the
employees.
(b) A director may be employed as the general manager of the
authority and is entitled to receive compensation in an amount
fixed by the other directors. A director employed as general
manager shall continue to perform the duties of director. If the
general manager is not a director, the general manager shall
execute a fidelity bond payable to the authority in the amount of
$5,000, conditioned that the person will faithfully perform the
duties of general manager.
(c) The board may remove an employee.
(d) The board may require an employee to execute a bond payable
to the authority that is conditioned that the person will
faithfully perform the duties of the employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.044. FACILITIES. (a) An authority may establish,
acquire, lease as lessee or lessor, purchase, construct, improve,
enlarge, equip, repair, operate, or maintain all or a designated
part of:
(1) a public improvement such as a civic center, civic center
building, auditorium, opera house, music hall, exhibition hall,
coliseum, museum, library, recreational building or facility, or
other public building or related facility; or
(2) a structure, parking area, or facility located at or in the
immediate vicinity of the public improvement and to be used in
connection with the public improvement for off-street parking or
storage of motor vehicles or other conveyances.
(b) A lease made under Subsection (a) may contain any terms the
board considers appropriate.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.045. DURATION OF CERTAIN LEASES. If an authority
leases to or from any person all or part of any facilities
constructed or acquired, or to be constructed or acquired, by the
authority, the lease may not be for a term longer than 40 years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.046. CONTRACTS. (a) An authority contracts in the
name of the authority.
(b) An authority may contract with the United States, this
state, or a political subdivision or governmental agency of the
United States or this state, for furnishing all or a part of the
authority's services or facilities or for the joint ownership and
operation of facilities, improvements, or equipment necessary to
accomplish a purpose permitted by the authority.
(c) An authority may contract with any person in the performance
of a purpose permitted by the authority. The contract must be on
terms the board considers desirable, fair, and advantageous and
may not be for a term longer than 40 years.
(d) A director with a financial interest in a contract shall
disclose the interest to the other directors and may not vote on
the acceptance of the contract or participate in discussion on
the contract. If a director fails to disclose his interest in a
contract, the contract is invalid.
(e) If, after a contract is awarded, an authority decides that
additional work is needed or that the character or type of work
or facilities should be changed, the board may authorize change
orders to the contract if the increase in the total cost of the
contract is not greater than 25 percent.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.047. CONTRACTS OVER $50,000. (a) This section applies
to a contract that is for materials for, or construction of,
facilities and that is for an amount greater than $50,000.
(b) The board shall advertise the letting of a contract,
including the general conditions, time, and place of the opening
of the sealed bids. The board shall publish the notice once a
week for two consecutive weeks in one or more newspapers
published in the county. The first publication must be before the
14th day before the date the sealed bids are opened.
(c) A contract under this section may cover all facilities of
the authority, or the various elements of the facilities may be
segregated for the purpose of receiving bids and awarding
contracts. A contract may provide that the facilities will be
constructed in stages over a period of years.
(d) A contract may provide for payment of a total sum that is
the completed cost of the facilities or may be based on bids to
cover the cost of units of the various elements entering into the
work as estimated by the authority's architects or engineers, or
a contract may be let and awarded in any other form and to any
responsible person that, in the board's judgment, will be most
advantageous to the authority and result in the best and most
economical completion of the authority's proposed facilities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1266, Sec. 10, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
1266, Sec. 11, eff. June 19, 2009.
Sec. 281.048. CONSTRUCTION BIDS; CONTRACTS; BONDS. (a) To bid
on proposed construction work, a person must submit to the board
a written sealed bid and a certified or cashier's check drawn on
a responsible bank in the state or a bidder's bond for at least
two percent of the total amount of the bid.
(b) The board shall open all the bids at the same time. The
board may reject any or all bids.
(c) If the chosen bidder fails or refuses to enter into a proper
contract with the authority or to furnish the bond required by
Subsection (e), the bidder forfeits the amount of the check or
bond that accompanied the bid.
(d) A contract for construction work must be in writing and
signed by the board and the contractor. The authority shall keep
the contract in its records and make the contract available for
public inspection.
(e) A person to whom a contract is let must execute good and
sufficient performance and payment bonds in accordance with
Chapter 2253, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff.
Sept. 1, 1995.
Sec. 281.049. FEES; RULES. (a) An authority may adopt and
enforce necessary charges, fees, or rentals for providing
facilities or services.
(b) An authority may adopt and enforce reasonable rules relating
to its facilities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.050. ACQUISITION OF LAND AND OTHER PROPERTY. (a) An
authority may acquire land, materials, easements, rights-of-way,
or other property considered necessary, incidental, or helpful to
the accomplishment of a purpose stated in Section 281.044,
including property considered necessary for the construction,
improvement, extension, enlargement, operation, or maintenance of
the authority's facilities. An authority may acquire the property
by gift, grant, purchase, or condemnation.
(b) An authority may acquire fee simple title to, or an easement
on, public or private land located in or out of the authority's
boundaries. An authority may acquire title to, or an easement on,
property that is not held in fee.
(c) An authority may lease property on terms the board considers
advantageous to the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.051. EMINENT DOMAIN. (a) An authority may acquire
land, easements, or other property within its boundaries by
condemnation. The authority may condemn the fee simple title or
an easement. The board shall institute condemnation proceedings
in the name of the authority and shall direct the proceedings.
(b) The manner in which an authority exercises the right of
eminent domain is governed by Chapter 21, Property Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.052. SUITS. An authority may, through its directors,
sue and be sued in any court of this state in the name of the
authority. Service of process may be made by serving three
directors. Courts of this state shall take judicial notice of the
establishment of an authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.053. COSTS, DEPOSITS, AND APPEAL BONDS. An authority
is not required to give bond for appeal or for costs, or to
deposit double the amount of an award, in a condemnation suit or
other suit to which it is a party.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.054. COSTS OF RELOCATION. If the relocating, raising,
rerouting, changing the grade, or altering the construction of a
highway, railroad, electric transmission line, pipeline, or
telephone or telegraph property is required by the authority's
exercise of the power of eminent domain, power of relocation, or
any other power, the required action shall be taken at the sole
expense of the authority. "Sole expense" means the actual costs
of the required action and of the provision of a comparable
replacement that does not enhance the facility after deducting
the net salvage value derived from the old facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.055. SURPLUS PROPERTY. (a) The board may order the
sale of land or other property owned by the authority that the
authority does not need. The sale may be public or private.
(b) Property owned by the authority that the authority does not
need may be exchanged for other property.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.056. ADDITION OF MUNICIPALITIES. (a) To add a
municipality to the authority, a petition signed by a majority of
the members of the governing body of the municipality must be
filed with the board.
(b) If the board determines that the addition of the
municipality to the authority is desirable or necessary, the
board shall enter an order adding the municipality to the
authority and shall file a copy of the order in the county deed
records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.057. RECORDS. The preservation, microfilming,
destruction, or other disposition of the records of the authority
is subject to the requirements of Subtitle C, Title 6, Local
Government Code, and rules adopted under that subtitle.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 59, eff. Sept. 1,
1989.
Sec. 281.058. SURETY BOND PREMIUMS. The board may pay the
premiums on surety bonds required of officials or employees of
the authority out of available funds of the authority, including
proceeds from the sale of bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.059. DEPOSITORY. The board shall designate by order or
resolution one or more banks in or out of the authority's
boundaries to serve as the depository for the authority's funds.
All funds of the authority shall be deposited in its depository
unless an order or resolution authorizing the issuance of the
authority's bonds requires a different disposition. To the extent
that funds in a depository bank are not insured by the Federal
Deposit Insurance Corporation, they shall be secured in the
manner provided for the security of county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.060. INVESTMENTS. The board may invest and reinvest
authority funds in direct or indirect obligations of the United
States, an agency of the United States, the State of Texas, or a
county, municipality, school district, or other political
subdivision of the state. Funds of the authority may be placed in
certificates of deposit of state or national banks or savings and
loan associations in the state if the certificates of deposit are
secured in the manner provided for the security of county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.061. FISCAL YEAR; AUDIT. (a) The fiscal year of an
authority is a calendar year, unless it is changed by the board.
(b) An authority shall keep a complete system of accounts. An
independent certified public accountant or a firm of independent
certified public accountants shall prepare an audit of an
authority's affairs each year. A signed copy of the audit report
shall be delivered to each member of the board within 120 days
after the last day of the fiscal year. A copy of the audit shall
be kept on file at the authority office and, as a public record,
is open for inspection by any interested person during normal
office hours.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.062. SUPPLIES; SEAL. (a) The board may purchase
materials, supplies, equipment, vehicles, and machinery needed by
the authority.
(b) The board shall adopt a seal for the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER E. REVENUE BONDS
Sec. 281.071. ISSUANCE OF BONDS. (a) An authority may issue
revenue bonds for any purpose set forth in Subchapters A through
E when the issuance is authorized by a resolution adopted by the
board. The bonds must be secured by a pledge of, and be payable
from, all or a designated part of the authority's revenues from
its facilities or any other source, including contract and lease
proceeds.
(b) The bonds may mature serially or in any other manner. The
bonds may not mature later than 40 years after the date of the
bonds.
(c) The bonds shall bear interest at a rate that does not exceed
the maximum interest rate authorized by Chapter 1204, Government
Code.
(d) The bonds and the appurtenant interest coupons, if any, are
investment securities under Chapter 8, Business & Commerce
Code.
(e) As provided by the board, the bonds and interest coupons:
(1) may be issued registrable as to principal or as to both
principal and interest; and
(2) may be made redeemable before maturity, at the option of the
board, or may contain a mandatory redemption provision.
(f) In the resolution authorizing the issuance of the bonds, the
board shall designate the form and denominations of the bonds;
the manner, terms, conditions, and details of issuance; and the
manner of signing and executing the bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.301, eff. Sept.
1, 2001.
Sec. 281.072. ADDITIONAL SECURITY. (a) At the board's
discretion, the bonds of an authority may be additionally secured
by a deed of trust or mortgage lien on part or all of the
physical properties of the authority, and franchises, easements,
leases, and contracts and rights relating to those properties.
The trustee may operate the properties, sell the properties for
payment of the bonds or interest on the bonds, and exercise all
other powers and authority for the further security of the bonds.
(b) The trust indenture, regardless of the existence of the deed
of trust or mortgage lien on the properties, may:
(1) contain provisions prescribed by the board for the security
of the bonds and as preservation of the trust estate and for the
modification or amendment of those provisions;
(2) condition the right to spend authority money or sell
authority property on the approval of a registered professional
engineer or architect and provide for the manner of selecting the
engineer or architect; and
(3) provide for the investment of funds of the authority.
(c) A purchaser under a sale under a deed of trust or mortgage
lien is the absolute owner of the properties, facilities, and
rights purchased and may maintain and operate the properties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.073. BOND PROVISIONS. (a) In a resolution authorizing
the issuance of bonds under this chapter, including refunding
bonds, the board may:
(1) provide for the flow of funds and the establishment and
maintenance of interest and sinking funds, reserve funds, and
other funds;
(2) make additional covenants that the board considers
appropriate with respect to the bonds, the pledged revenues, and
the operation and maintenance of the facilities of which the
revenues are pledged, including provisions for the operation or
leasing of the facilities and the use or pledge of money derived
from the operation of the facilities, contracts, and leases;
(3) prohibit the further issuance of bonds or other obligations
payable from the pledged revenues;
(4) reserve the right to issue, on conditions set forth in the
resolution, additional bonds to be secured by a pledge of, and
payable from, the revenues on a parity with, or subordinate to,
the lien and pledge in support of the bonds being issued; and
(5) state other provisions and covenants that are not prohibited
by the constitution of this state or by this chapter.
(b) The board may adopt and provide for any other proceeding or
instrument necessary or convenient in the issuance of authority
bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.074. SALE OF BONDS. After bonds are issued, the board
shall sell the bonds on the best terms and for the best possible
price.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.075. APPROVAL; REGISTRATION. (a) An authority shall
submit the bonds it issues to the attorney general for
examination. If the attorney general finds that the bonds are
authorized in accordance with law, the attorney general shall
approve the bonds and the comptroller of public accounts shall
register them.
(b) Bonds that are approved and registered under Subsection (a)
are incontestable in a court or other forum and are valid and
binding obligations in accordance with their terms.
(c) If the bonds recite that the security for the bonds includes
a pledge of the proceeds of a contract or a lease to which the
authority is a party, a copy of the contract or lease and of the
proceedings authorizing the contract or lease may be submitted to
the attorney general with the bond records. If a contract or
lease and a record of the corresponding proceedings is submitted
to the attorney general, the approval of the bonds by the
attorney general is also an approval of the contract or lease and
the contract or lease is incontestable.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.076. BOND PROCEEDS. The board may appropriate or set
aside from the proceeds from the sale of bonds an amount for the
payment of interest, administrative and operating expenses
expected to accrue during the period of construction as provided
in the bond resolutions, and expenses incurred and that will be
incurred in the issuance, sale, and delivery of the bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.077. REFUND OF BONDS. (a) By resolutions adopted by
the board, an authority may issue bonds to refund all or any
outstanding bonds, including matured but unpaid interest coupons.
Refunding bonds may mature serially or in any other manner. The
bonds may not mature later than 40 years after the date of the
bonds. The bonds shall bear interest at a rate that does not
exceed the maximum interest rate authorized by Chapter 1204,
Government Code.
(b) Refunding bonds may be sold in accordance with Subsection
(c) or they may be made payable from the same source as the bonds
being refunded or from any additional source. The bonds must be
approved by the attorney general in the same manner as original
bonds and must be registered by the comptroller of public
accounts on the surrender and cancellation of the bonds to be
refunded.
(c) The resolution authorizing the issuance of refunding bonds
may provide that the bonds be sold and the proceeds deposited
where the underlying bonds are payable. If the amount deposited
is sufficient to pay the interest and principal on the underlying
bonds to their maturity dates, or to their option dates if the
bonds have been called for payment before maturity, the authority
may issue the refunding bonds before the cancellation of the
bonds being refunded, and the comptroller of public accounts
shall register the bonds without the surrender and cancellation
of the underlying bonds.
(d) Refunding may be accomplished in one or more installment
deliveries. Refunding bonds and the appurtenant interest coupons
are investment securities under Chapter 8, Business &
Commerce Code, and must be issued as provided in this chapter.
(e) In lieu of the method set forth in this section, an
authority may refund bonds as provided by general law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.302, eff. Sept.
1, 2001.
Sec. 281.078. BONDS AS INVESTMENTS; SECURITY. (a) Bonds issued
by an authority are legal and authorized investments for a bank,
a trust company, a savings and loan association, an insurance
company, a fiduciary, or a trustee and for interest or sinking
funds or other public funds of the state or of an agency,
subdivision, or instrumentality of the state, including a county,
municipality, school district, or other district, public agency,
or body politic.
(b) Bonds issued by an authority may be security for deposits of
public funds of the state or of an agency, subdivision, or
instrumentality of the state, including a county, municipality,
school district, or other district, public agency, or body
politic, to the extent of the market value of the bonds and
appurtenant unmatured interest coupons.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.079. PAID BONDS AND COUPONS. When a bond, interest
coupon, note, or warrant of the authority is paid, it shall be
delivered to the authority or destroyed. If a bond, coupon, note,
or warrant is destroyed, evidence of the destruction shall be
furnished to the board.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER F. CONTRACTS WITH CIVIC CENTER AUTHORITIES
Sec. 281.091. AUTHORIZATION; PURPOSES. On terms a municipality
considers desirable, fair, and advantageous and with the approval
of a majority of the governing body, a municipality may make a
contract with a civic center authority under which the authority,
for the benefit of the municipality, exercises its authority
under Section 281.044. Under the contract, the authority may
provide to the municipality all or part of its authorized
services and facilities, in or out of the municipality's
boundaries. The term of the contract may not be longer than 40
years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 281.092. PAYMENTS. (a) A municipality shall pay the
amounts prescribed by the contract from any available funds,
including property taxes.
(b) To pledge property taxes as part or all of the required
payments under the contract, before it enters into a contract
with an authority a municipality must obtain voter approval at an
election conducted substantially according to the applicable
procedures in Chapter 1251, Government Code. Each qualified voter
in the municipality is entitled to vote in the election. If the
voters authorize the payments from property taxes, the contract
may provide that the payments are payable from and are
obligations against only the taxing power of the municipality or
may provide that the payments are payable from taxes and other
funds and revenues specified in the contract. After the election
and concurrently with, or prior to, making the contract, the
municipality shall provide for the annual assessment and
collection of an amount that is sufficient to make the contract
payments and to create a sinking fund of at least two percent.
(c) An authority or a holder of authority bonds may not demand
payment of the municipality's obligation out of funds raised by
taxation if the municipality has not complied with Subsection
(b).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.303, eff. Sept.
1, 2001.
Sec. 281.093. CONFLICT WITH MUNICIPAL CHARTER. If this
subchapter conflicts with the charter of a home-rule municipality
contracting under this subchapter, this subchapter controls.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.