20131001 BOSC SB449 HB3416

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Legislative Update- SB 449 / HB 3416Prohibiting the Use of Capital Appreciation Bonds 0

Summary of SB 449 (Hinojosa) and HB 3416 (Flynn): •

During the last legislative session, SB 449 was filed by Senator Juan Hinojosa (McAllen) to prohibit the use of Capital Appreciation Bonds ("CAB") by Texas school districts and local governments and its companion bill, HB 3416, was filed by Representative Dan Flynn (Canton). These bills did not pertain to State Agencies or transportation issuers.



Working with Senator Hinojosa and Representative Flynn's representatives, the CAB bills were amended to permit the issuance of CABs if:

•!• Maximum CAB maturity was 20 years or less; and •!• CABs comprised no more than 20°/o of a district's total bond payments. •

On April 9, 2013, SB 449 passed the Senate by a vote of 28 ''Yeas" to 3 "Nays" but the bill later died in the House.



In response to Poway Unified School District and other California school districts issuing over $7.0 billion of CABs since year 2007, California has enacted legislation that limits CABs to a maximum term of 25 years and interest may not exceed 4X the principal amount.



With Representative Flynn also serving as Co-Chair of the House Transparency in State Agency Operations Committee and given the continuing media reports, CABs issued by school districts will continue to be reviewed.

r



Currendy, 607 Texas municipal issuers have CABs within their debt portfolios and on average; CABs comprise 5.71 °/o of the principal amount of bonds outstanding within these issuers.



For vanous reasons, CABs are heavily concentrated among a few issuers as the top 10 issuers of CABs comprise 51.34°/o of all CABs outstanding.

Issuer Name 1.) North Texas Tollway Authority 2.) Texas Transportation Commission 3.) Leander lSD 4.) Harris County-Houston Sports Authority 5.) Dallas, City of 6.) Texas Municipal Power Agency 7.) Houston, City of 8.) Wylie ISD 9.) Grand Prairie ISD 10 Ennis ISD

Maturi ValueofCABs $ 2,650,190,042 1,972,585,000 1,941' 110,000 1,091,684,922 686,995,000 575,810,000 447,470,000 380,825,000 341,310,000 334 635,000

Source: The Municipal Advisory Conncil of the State of Texas- As of January 31, 2013. ~--~~~~~~~--~~~--~--~--~--~~~----------------------------------_. 2

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471 school districts currendy have CABs within their debt portfolios. However, the use of CABs is also concentrated within a few school districts as the top 5 users of CABs comprise 33.11 °/o of the total CABs in Texas school districts.



When the Top 10 school districts with CABs are removed, the CABs within the remaining 461 school districts represent an average of 0.12°/o of their total debt payments.



In order to determine how CABs are being used, the following needs to be considered: 1) 2) 3)

Percentage of CABs within debt portfolio; Dollar amount of CABs within debt portfolio; and Maturity date of CABs. -

-

-

Summary of CABs in Texas School Districts- Maturity Value of CABS --

-

TopS

Top 10

Top 50

43.65

~------~------~-------r------~------~--------~------~----~

0%

10%

20%

30%

40%

50%

60%

70%

80.07%

80%

90%

Source: The Municipal Advisory CoWlcil of the State of Texas- As ofJanuary 31, 2013. ~--~~~~~~--~~~~~--~----~~--~~~------------------------------------__.

3

A

School District

B Total Principal O utstandin

c Total Interest Outstandin

D Total Bond Payments Outstandin

E Total CAB Payments Outstandi

F Percentage of CAB Payments to Total Bond Pa ments

Principal To Interest Ratio

G

$ 2,615,180,050 495,162,050

70.91%

1 to 1.88

Wylie ISD

$ 1,705,960,057 264,080,995

$ 1,854,400,000

231,081,055

358,065,000

72.31%

1 to 1.14

Ennis ISD

146,096,847

246,618,803

392,715,650

343,390,000

87.44%

1 to 1.69

Grand Prairie ISD

476,159,830

484,590,389

960,750,219

333,355,000

34.70%

1 to 1.02

Frisco ISD

1,353,1 10,843

1,236,898,476

2,590,009,319

228,375,000

8.82%

1 to 0.91

Lewisville ISD

1,1 13,538,429

585,099,039

1,698,637,469

219,635,000

12.93%

1 to 0.53

Leander ISD

$ 909,219,993

Denton ISD

631,577,937

477,519,327

1,109,097,263

193,335,000

17.43%

1 to 0.76

Irving ISD

534,452,377

390,748,921

925,201,297

192,305,000

20.79%

1 to 0.73

White Settlement lSD

165,653,198

218,346,473

383,999,671

174,003,799

45.31%

1 to 1.32

DeSoto ISD

131,193,113

167,415,512

298,608,625

167,535,000

56.11%

1 to 1.28

Coppell ISD

174,797,888

214,141,815

388,939,704

164,180,000

42.21%

1 to 1.23

Rockwall ISD

347,903,257

366,319,508

714,222,766

155,965,000

21.84%

1 to 1.05

Mesquite ISD

369,567,822

198,192,646

567,760,469

151,685,000

26.72%

1 to 0.54

Prosper ISD

233,531,557

303,333,105

536,864,661

151,105,000

28.15%

1 to 1.30 1 to 0.76

Birdville ISD

203,760,361

154,342,390

358,102,751

137,375,000

38.36%

Grapevine-Colleyville ISD

345,235,467

270,930,881

61 6,166,348

128,490,000

20.85%

1 to 0.78

Cedar Hill ISD

132,074,111

187,261,182

319,335,293

110,195,000

34.51%

1 to 1.42

Crowley ISD

287,237,845

303,039,181

590,277,025

82,175,000

13.92%

1 to 1.06

80,080,000

1 to 0.69

Keller ISD

681,493,167

468,092,165

Duncanville ISD

146,497,100

131,614,500

1,149,585,333 278,111,600

66,590,000

6.97% 23.94%

Eagle Mountain-Saginaw lSD

569,717,951

477,206,000

1,046,923,951

58,305,000

5.57%

1 to 0.84

91,970,024

125,194,063

217,164,088

56,050,000

25.81% 7.57%

1 to 1.36 1 to 0.95

Anna lSD

1 to 0.90

Burleson ISD

307,661,943

293,447,747

601,109,690

45,525,000

Allen lSD

484,983,037

306,125,081

791,108,118

38,335,000

4.85%

1 to 0.63

Hurst-Euless-Bedford lSD

302,122,934

176,801,711

478,924,645

26,025,000

5.43%

1 to 0.59

Mansfield lSD

691,174,963

361,710,278

1,052,885,241

6,525,000

0.62%

1 to 0.52

Plano lSD

981,345,871

425,470,096

1,406,815,966

3,505,000

0.25%

1 to 0.43

Fort Worth ISD

672,514,995

228,969,786

745,000

0.08%

1 to 0.34

2,458,700,000

1,856,037,718

901,484,781 4,314,737,718

0.00%

1 to 0.75

491,235,000

220,238,709

711,473,709

0.00%

1 to 0.45

Dallas lSD McKinney lSD

Source: The Municipal Advisory Council of the State of Texas- As of August 31, 2013.

4

Total CAB Payments Outstanding Equals $38,335,000 Total Bond Payments Outstanding Equals $791,108,118

$40,000,000

Percentage of "CAB Payments to Total Bond Payments" Equals 4.85%

$35,000,000

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$30,000,000

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