Sec. 53.35. ISSUANCE OF BONDS; PROCEDURE; ETC. (a) The bonds shall be authorized by resolution adopted by a majority vote of a quorum of the board. Bonds authorized under this section shall be issued in accordance with Chapter 1201, Government Code. The bonds shall mature serially or otherwise in not to exceed 50 years. The rate of interest to be borne by the bonds shall not exceed the maximum rate prescribed by Chapter 1204, Government Code.
(b) In addition to or in lieu of establishing an authority under the provisions of this chapter, the governing body of a city or cities may request or order created one or more nonprofit corporations to act on its behalf and as its duly constituted authority and instrumentality to exercise the powers granted to an authority under the provisions of Sections 53.33 and 53.34. If a nonprofit corporation is created for such purposes or agrees to such request, the directors thereof shall thereafter be appointed and be subject to removal by the governing body of the city or cities. In addition to the powers granted under, and subject to the limitations provided by, Sections 53.33 and 53.34, the corporation shall have all powers granted under the Texas Non-Profit Corporation Act for the purpose of aiding institutions of higher education in providing educational facilities and housing facilities and facilities incidental, subordinate, or related thereto or appropriate in connection therewith. In addition to Sections 53.33 and 53.34 and the Texas Non-Profit Corporation Act, as amended (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), Sections 53.131, 53.14, 53.15, 53.31, 53.32, 53.331, 53.34, 53.35, 53.38, 53.40, and 53.41 of this code apply to and govern such corporation and its procedures, bonds, and other obligations.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1983, 68th Leg., p. 863, ch. 200, Sec. 8, eff. Aug. 29, 1983; Acts 1987, 70th Leg., ch. 659, Sec. 2, eff. June 18, 1987; Acts 2001, 77th Leg., ch. 1420, Sec. 8.216, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1266, Sec. 1.08, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1310, Sec. 10, eff. June 20, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 849 (S.B. 2240), Sec. 1, eff. June 19, 2009.
Structure Texas Statutes
Subtitle A - Higher Education in General
Chapter 53 - Higher Education Facility Authorities for Public Schools
Subchapter C. Powers and Duties
Section 53.31. No Taxing Power
Section 53.32. No Power of Eminent Domain
Section 53.33. Limited Power to Acquire, Own, and Operate Educational and Housing Facilities
Section 53.331. Refinancing Facilities
Section 53.35. Issuance of Bonds; Procedure; Etc
Section 53.351. Bonds for Open-Enrollment Charter School Facilities
Section 53.352. Limitation on Liability of Corporation
Section 53.36. Bond Resolution; Notice; Election
Section 53.37. Junior Lien Bonds; Parity Bonds
Section 53.38. Reserves for Operating and Other Expenses
Section 53.39. Refunding Bonds
Section 53.40. Approval of Bonds; Registration; Negotiability
Section 53.41. Authorized Investments
Section 53.42. Investment of Funds; Security
Section 53.44. Operation of Facilities; Rates Charged; Reserve Funds
Section 53.45. Transactions With Other Agencies and Persons