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Public Finance

Summaries

KP-0004
Ken Paxton

Absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.|It is likely a court would conclude that, absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.

KP-0005
Ken Paxton

Guaranteed charter district bonds, limitation contained in Texas Government Code section 45.0532

KP-0022
Ken Paxton

Investment pool authority to form and invest in a subsidiary, select its directors, incorporate under laws of another state

KP-0065
Ken Paxton

"Site improvement" under Local Government Code subsection 501.103(1) should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.|Under Local Government Code subsection 501.103(1), "site improvement" should be construed to mean an improvement or permanent enhancement made that relates to the development of an area of ground on which a town, building, or monument is constructed.

KP-0220
Ken Paxton

Indexed life insurance product - investment in by Teacher Retirement System - conditions required for|Indexed life insurance product - conditions required for Teacher Retirement System to invest assets in

GA-0069
Greg Abbott

Open-enrollment charter school, a municipality is not authorized to issue certificates of obligation to finance construction of school facility|Certificates of obligation, authority of a municipality to issue to finance construction of a municipal open-enrollment charter school facility

GA-0293
Greg Abbott

Management fees deducted from mutual funds, whether payable only from appropriated funds|Permanent School Fund, payment from appropriation of expenses of managing|Constitution, construction of is governed by same rules as construction of statutes|Mutual Fund|Investment Company

GA-0388
Greg Abbott

County school funds, Chambers County may not contract with a bank to invest or manage its permanent school fund|County school funds, Chambers County may not contract with a bank to invest and manage its permanent school fund|County school lands, Chambers County may not contract with a bank to invest and manage its permanent school fund

GA-0481
Greg Abbott

Certificates of obligation, use of proceeds

GA-0494
Greg Abbott

School district lease-purchase contracts under Public Property Finance Act, applicable procurement procedures|Lease-purchase contracts under Public Property Finance Act, applicable procurement procedures

GA-0768
Greg Abbott

Endowment funds, authorization of investments under the Uniform Prudent Management of Institutional Funds Act|Applicability of the Texas Public Funds Investment Act, chapter 2256, Government Code, to endowment funds of a state university

GA-0892
Greg Abbott

University of North Texas System’s Board of Regents is a governing board within the scope of subsection 51.0031(c), Education Code|University of North Texas System’s Board of Regents is the entity to which Education Code subsection 51.0031(c)’s $25 million threshold applies

GA-0922
Greg Abbott

With regard to the language of ballot propositions about voter approval of bonds and the imposition of taxes, subsection 52.072(e) of the Election Code applies to elections governed by section 130.037 of the Education Code

GA-0981
Greg Abbott

Tax increment bonds, authority of counties to issue

GA-1076
Greg Abbott

Tax increment financing, use by counties|County energy transportation reinvestment zones

DM-0031
Dan Morales

Impair contract to pay bondholders with ad valorem tax revenues, municipality may not increase homestead exemption if increase would | Homestead exemption, municipality may not increase if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues | Increase homestead exemption, municipality may not if increase would impair municipality's contract to pay bondholders with ad valorem tax revenues

DM-0066
Dan Morales

Lease of hospital district building to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose"|Interest and sinking fund, hospital district may not use excess monies in to finance construction of building|Hospital district's authority to lease hospital building, lease to private dialysis clinic for purpose of providing cost-effective renal services adjacent to hospital would serve "hospital purpose" under article IX, section 9

DM-0202
Dan Morales

Investment of funds in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Investment in mutual funds holding only adjustable rate mortgages that obligate United States agencies|Mutual funds holding only adjustable rate mortgages that obligate United States agencies, authority of certain public entities to invest in

DM-0274
Dan Morales

Covered call contracts and covered put contracts, definition of for purposes of section 2 of the Public Funds Investment Act|Covered call contracts and covered put contracts, under Public Funds Investment Act public funds investment pool is not authorized to purchase, sell, or invest its funds and funds under its control in|Repurchase agreements|Obligation of the United States or its agencies

DM-0489
Dan Morales

Receiver, funds controlled by Commissioner in capacity as are not public funds that Commissioner may invest under Public Funds Investment Act|Travel advances, Commissioner may not invest under Public Funds Investment Act because not authorized by statute|Public funds, defining for purposes of Public Funds Investment Act|Public funds

JC-0036
John Cornyn

County funds for city streets unconnected with county road system, commissioners court may expend if expenditure serves a county purpose in accordance with article III, section 52(a)\r\n\r\n|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c), commissioners court may not spend on city streets unconnected to county road system|County business under article V, section 18b, legislature not prohibited from authorizing commissioners court to improve city streets unconnected with county road system if county derives a benefit from improvement so as to constitute|City streets unconnected to county road system, commissioners court may expend county funds to improve if expenditure serves a county purpose in accordance with article III, section 52(a) of Texas Constitution\r\n\r\n|City streets unconnected to county road system, commissioners court may not expend proceeds of unlimited tax, county road or district road bonds issued under article III, section 52(b) or (c) of Texas Constitution on|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c) of Texas Constitution, commissioners court may not spend on city streets unconnected to county road system

JC-0039
John Cornyn

Grant Anticipation Revenue Vehicle ("GARVEE") bonds, whether issuance of requires amendment of Texas Constitution

JC-0043
John Cornyn

Retirement systems, delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of Texas|Teacher Retirement System, delegation of investment authority by and securities authorized for investment by board of trustees|Delegation of investment authority by and securities authorized for investment by Board of Trustees of Teacher Retirement System of Texas|Delegation of investment authority by and securities authorized for investment by board of trustees|Securities

JC-0053
John Cornyn

Pricing committee appointed by the Authority board of directors is a governmental body subject to the Open Meetings Act|Pricing committee appointed by the Texas Public Finance Authority board of directors is a governmental body subject to the Open Meetings Act

JC-0068
John Cornyn

Tax-exempt bonds|Hedge investment|Current refunding|Derivative product|Refunding|Advance refunding|Interest rate hedge contract, hospital district does not have authority to execute derived from its authority to issue bonds

JC-0118
John Cornyn

Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52 of Texas Constitution|Development Corporation Act of 1979, section 4B sales and use tax proceeds may only be used for project costs; they may not be used for "promotional purposes" unrelated to projects|Development Corporation Act of 1979, section 4B sales and use tax proceeds are public funds subject to article III, section 52

JC-0127
John Cornyn

Bond proceeds, use for legal fees for arbitration of construction contract|Arbitration expenses, use of bond proceeds for contract-related|Arbitration of construction contract, use of proceeds for legal fees for

JC-0139
John Cornyn

State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bonds|County lacks authority to borrow money from State Infrastructure Bank for bridge and road construction without issuing bonds

JC-0141
John Cornyn

Tax increment financing reinvestment zones, authority of municipality to use unexpended tax increment funds to build project outside of terminated zone

JC-0152
John Cornyn

Tax increment financing reinvestment zones, authority of municipality to designate a zone that is not unproductive, underdeveloped, or blighted within meaning of Texas Constitution|School finance system, effect of exclusion of value of property in reinvestment zone from funding equalization formulas on constitutionality of

JC-0353
John Cornyn

Toll roads, Department of Transportation cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department of Transportation cannot grant state highway fund monies to Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue

JC-0359
John Cornyn

Stated maturity date|Public funds investment pool, whether maximum average dollar-weighted maturity of pool may be calculated using floating rate securities' reset date as opposed to their stated maturity date

JC-0523
John Cornyn

Texas State Technical College System|Texas Public Finance's authority to issue bonds on behalf of Texas State Technical College System

JC-0527
John Cornyn

Infrastructure charge, authority of University of Texas to collect under section 55.16 of the Education Code is subject to limits in section 54.0513 of the Education Code if it is equivalent of building use fee|Infrastructure charge, authority of University of Texas to collect from students under section 55.16 of the Education Code to fund building renovation and repair depends on whether or not it is equivalent of building use fee

KP-0328
Ken Paxton

The Teacher Retirement System’s authority to invest its funds is limited to items qualifying as “securities” under Government Code subsection 825.301(a); thus, to the extent any real estate investments of the System comprise realty itself and do not qualify as a “security” pursuant to subsection 825.301(a), they are unconstitutional.

KP-0337
Ken Paxton

Paycheck Protection Program loans fully guaranteed by the Small Business Administration generally satisfy the statutory requirements of an authorized investment under section 2256.009(a)(4).

KP-0459
Ken Paxton

Water Control and Improvement District’s use of surplus moneys in its interest and sinking fund to reduce indebtedness related to a potential, future bond issuance