Texas Government Code 1232.103 – Issuance of Obligations for Equipment
(a) The authority may issue and sell obligations for the financing of:
(1) a lease or other agreement that concerns equipment that an executive or judicial branch state agency has purchased or leased or intends to purchase or lease; or
(2) a package of agreements described by Subdivision (1) that involves one or more state agencies.
(b) An obligation issued by the authority is payable under an agreement that may be in the nature of:
(1) a lease under which the authority leases equipment from a vendor for sublease to the commission or another state agency;
(2) a purchase by the authority of equipment and the lease of that equipment to either:
(A) the commission for the benefit of a state agency; or
(B) a state agency other than the commission;
(3) a purchase by the authority of equipment and the sale of that equipment to a state agency on an installment payment basis; or
(4) any similar agreement.
Terms Used In Texas Government Code 1232.103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If an agreement is between the authority and a state agency or between a vendor and a state agency, the commission shall nevertheless perform its functions as purchasing agent for the state, with the funds obtained under this section used solely to finance the agreement. The board and the commission shall adopt a memorandum of understanding that defines the division of authority between the board and the commission.
(d) A state agency may enter into a type of agreement described by this section to purchase or lease necessary equipment.
(e) If a law requires a state agency to obtain the approval of another state agency or perform any other act before the agency may purchase or lease computer equipment, those requirements must be satisfied before the agency may enter into an agreement under this chapter. The authority shall adopt rules so that computer equipment may not be financed before the authority receives written proof that the requirements have been satisfied.