Sec. 45.053. LIMITATION; VALUE ESTIMATES. (a) Except as provided by Subsection (d), the commissioner may not approve bonds for guarantee under this subchapter if the approval would result in the total amount of outstanding guaranteed bonds under this subchapter exceeding an amount equal to 2-1/2 times the cost value of the permanent school fund, as estimated by the board and certified by the state auditor.
(b) Each year, the state auditor shall analyze the status of guaranteed bonds under this subchapter as compared to the cost value of the permanent school fund. Based on that analysis, the state auditor shall certify whether the amount of bonds guaranteed under this subchapter is within the limit prescribed by this section.
(c) The commissioner shall prepare and the board shall adopt an annual report on the status of the guaranteed bond program under this subchapter.
(d) The board by rule may increase the limit prescribed by Subsection (a) to an amount not to exceed five times the cost value of the permanent school fund, provided that the increased limit is consistent with federal law and regulations and does not prevent the bonds to be guaranteed from receiving the highest available credit rating, as determined by the board. The board shall at least annually consider whether to change any limit in accordance with this subsection. This subsection may not be construed in a manner that impairs, limits, or removes the guarantee of bonds that have been approved by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 89, Sec. 1, eff. May 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 139 (S.B. 389), Sec. 1, eff. May 18, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1328 (H.B. 3646), Sec. 68A, eff. September 1, 2009.
Structure Texas Statutes
Subtitle I - School Finance and Fiscal Management
Chapter 45 - School District Funds
Subchapter C. Guaranteed Bonds
Section 45.053. Limitation; Value Estimates
Section 45.0531. Additional Limitation: Reservation of Percentage of Permanent School Fund Value
Section 45.0532. Limitation on Guarantee of Charter District Bonds
Section 45.0533. Communication With Nationally Recognized Investment Rating Firm
Section 45.054. Eligibility of School District Bonds
Section 45.0541. Eligibility of Charter District Bonds
Section 45.055. Application for Guarantee
Section 45.057. Guarantee Endorsement
Section 45.0571. Charter District Bond Guarantee Reserve Fund
Section 45.058. Notice of Default
Section 45.059. Payment of School District Bond on Default
Section 45.0591. Payment of Charter District Bond on Default
Section 45.060. Bonds Not Accelerated on Default
Section 45.061. Reimbursement of Funds