Sec. 271.047. AUTHORIZATION OF CERTIFICATES BY ORDINANCE OR ORDER; OTHER PROVISIONS IN CERTIFICATES. (a) Certificates may be authorized by an ordinance adopted by the governing body of a municipality, or by an order adopted by the governing body of a county after compliance with the quorum requirements prescribed by Section 81.006.
(b) The governing body may:
(1) make the certificates payable at times and places determined by the governing body;
(2) issue the certificates in forms and one or more denominations, either in coupon form or registered as to principal and interest, or both;
(3) make the certificates contain options for redemption before scheduled maturity; and
(4) make the certificates contain any other provisions the governing body desires.
(c) A certificate may not mature over a period greater than 40 years from the date of the certificate and may not bear interest at a rate greater than that allowed by Chapter 1204, Government Code.
(d) Except as provided by this subsection, the governing body of an issuer may not authorize a certificate to pay a contractual obligation to be incurred if a bond proposition to authorize the issuance of bonds for the same purpose was submitted to the voters during the preceding three years and failed to be approved. A governing body may authorize a certificate that the governing body is otherwise prohibited from authorizing under this subsection:
(1) in a case described by Sections 271.056(1)-(3); and
(2) to comply with a state or federal law, rule, or regulation if the political subdivision has been officially notified of noncompliance with the law, rule, or regulation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.294, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 923 (H.B. 1378), Sec. 2, eff. January 1, 2016.
Structure Texas Statutes
Title 8 - Acquisition, Sale, or Lease of Property
Subchapter C. Certificate of Obligation Act
Section 271.042. Purpose; Conflict
Section 271.044. Subchapter Available to Certain Municipalities
Section 271.045. Purposes for Which Certificates May Be Authorized
Section 271.046. Additional Purposes for Certificates
Section 271.048. Claims and Accounts; Funding and Exchange
Section 271.049. Notice of Intention to Issue Certificates; Petition and Election
Section 271.050. Sale of Certificates
Section 271.051. Certificates as Investments or as Security for Deposits
Section 271.052. Certificates Payable From and Secured by Other Revenues
Section 271.0525. Refinancing Certificates Issued by County
Section 271.053. Certificates as Debt and Security
Section 271.054. Competitive Procurement Requirement
Section 271.055. Notice to Bidders
Section 271.056. Exemptions From Advertisement Requirement
Section 271.0565. Pre-Bid Conference
Section 271.057. Award of Contract
Section 271.058. Authority to Reject Bids
Section 271.059. Contractor's Bonds
Section 271.060. Change Orders
Section 271.061. Compensation on Unit Price Contracts
Section 271.062. Certain Contracts Not Required to Be in Writing
Section 271.063. Unconstitutional Procedure Corrected by Resolution of Issuer