Sec. 53A.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 53A.33 and 53A.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 53A.33 and 53A.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 53A.33 and 53A.34 and the Texas Non-Profit Corporation Act, as amended (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), Sections 53A.131, 53A.14, 53A.15, 53A.31, 53A.32, 53A.331, 53A.34, 53A.35, 53A.38, and 53A.41 apply to and govern such corporation and its procedures, bonds, and other obligations.
Added by Acts 2005, 79th Leg., Ch. 641 (H.B. 2701), Sec. 2, eff. September 1, 2005.
Structure Texas Statutes
Subtitle A - Higher Education in General
Chapter 53A - Higher Education Facility Authorities for Private Schools
Subchapter C. Powers and Duties
Section 53A.31. No Taxing Power
Section 53A.32. No Power of Eminent Domain
Section 53A.33. Limited Power to Acquire, Own, and Operate Educational and Housing Facilities
Section 53A.331. Refinancing Facilities
Section 53A.35. Issuance of Bonds; Procedure; Etc
Section 53A.36. Bond Resolution; Notice; Election
Section 53A.37. Junior Lien Bonds; Parity Bonds
Section 53A.38. Reserves for Operating and Other Expenses
Section 53A.39. Refunding Bonds
Section 53A.40. Approval of Bonds; Registration; Negotiability
Section 53A.41. Authorized Investments
Section 53A.42. Investment of Funds; Security
Section 53A.44. Operation of Facilities; Rates Charged; Reserve Funds
Section 53A.45. Transactions With Other Agencies and Persons
Section 53A.46. Authority Exempt From Taxation
Section 53A.48. Bonds for Accredited Primary or Secondary Schools
Section 53A.49. Bonds for Certain Schools Owned and Operated by Nonprofit Corporations