Tex.
Health & Safety Code Section 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 (Short Title), Chapter 271 (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments), 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 (Definitions and Index of Definitions), 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 (Public Security Procedures Act) and 1371 (Obligations for Certain Public Improvements), 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 (Definitions), Government Code;(2)
obligations, as that term is defined by Section 1371.001 (Definitions), Government Code; and(3)
bonds.(c)
A limitation prescribed in Subchapter A (Short Title), Chapter 271 (Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments), 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 (Public Facility Corporations), 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 (Anticipation Notes), Government Code, except that anticipation notes issued for the purposes described by Section 1431.004 (Uses of Anticipation Note Proceeds)(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.
Source:
Section 534.022 — Financing of Property and Improvements, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.534.htm#534.022 (accessed Jun. 5, 2024).
