§ 534.022 — FINANCING OF PROPERTY AND IMPROVEMENTS.

Texas § 534.022

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 534.022. FINANCING OF PROPERTY AND IMPROVEMENTS. (a) To acquire or to refinance the acquisition of real and personal property, to construct improvements to property, or to finance all or part of a payment owed or to be owed on a credit agreement, a community center may contract in accordance with Subchapter A , Chapter 271 , Local Government Code, or issue, execute, refinance, or refund bonds, notes, obligations, or contracts. The community center may secure the payment of the bonds, notes, obligations, or contracts with a security interest in or pledge of its revenues or by granting a mortgage on any of its properties.
(a-1) For purposes of Subsection (a), "revenues" includes the following, as those terms are defined by Section 9.102 , Business & Commerce Code:
(1) an account;
(2) a chattel paper;
(3) a commercial tort claim;
(4) a deposit account;
(5) a document;
(6) a general intangible;
(7) a health care insurance receivable;
(8) an instrument;
(9) investment property;
(10) a letter-of-credit right; and
(11) proceeds.
(b) Except as provided by Subsection (f), the community center shall issue the bonds, notes, or obligations in accordance with Chapters 1201 and 1371 , Government Code. The attorney general must approve before issuance:
(1) notes issued in the form of public securities, as that term is defined by Section 1201.002 , Government Code;
(2) obligations, as that term is defined by Section 1371.001 , Government Code; and
(3) bonds.
(c) A limitation prescribed in Subchapter A , Chapter 271 , Local Government Code, relating to real property and the construction of improvements to real property, does not apply to a community center.
(e) A county or municipality acting alone or two or more counties or municipalities acting jointly pursuant to interlocal contract may create a public facility corporation to act on behalf of one or more community centers pursuant to Chapter 303 , Local Government Code. Such counties or municipalities may exercise the powers of a sponsor under that chapter, and any such corporation may exercise the powers of a corporation under that chapter (including but not limited to the power to issue bonds). The corporation may exercise its powers on behalf of community centers in such manner as may be prescribed by the articles and bylaws of the corporation, provided that in no event shall one community center ever be liable to pay the debts or obligation or be liable for the acts, actions, or undertakings of another community center.
(f) The board of trustees of a community center may authorize the issuance of an anticipation note in the same manner, using the same procedure, and with the same rights under which an eligible school district may authorize issuance under Chapter 1431 , Government Code, except that anticipation notes issued for the purposes described by Section 1431.004 (a)(2), Government Code, may not, in the fiscal year in which the attorney general approves the notes for a community center, exceed 50 percent of the revenue anticipated to be collected in that year.

Legislative History

Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.24, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 161, Sec. 1, eff. May 16, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 11, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 8.277, eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 826 (S.B. 812 ), Sec. 1, eff. September 1, 2005. Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71 ), Sec. 22(13), eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179 ), Sec. 25(97), eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 3.1336, eff. April 2, 2015.