Texas Laws - Government Code
GOVERNMENT CODE
TITLE 9. PUBLIC SECURITIES

SUBCHAPTER C. NOTICE OF DECLARATORY JUDGMENT ACTION (74773)(1-click HTML)
Sec. 1205.041. NOTICE TO INTERESTED PARTIES. (74774)(1-click HTML)

(a) The court in which an action under this chapter is brought shall, on receipt of the petition, immediately issue an order, in the form of a notice, directed to all persons who: (74775)

(1) reside in the territory of the issuer; (74776)

(2) own property located within the boundaries of the issuer; (74777)

(3) are taxpayers of the issuer; or (74778)

(4) have or claim a right, title, or interest in any property or money to be affected by a public security authorization or the issuance of the public securities. (74779)

(b) The order must, in general terms and without naming them, advise the persons described by Subsection (a) and the attorney general of their right to: (74780)

(1) appear for trial at 10 a.m. on the first Monday after the 20th day after the date of the order; and (74781)

(2) show cause why the petition should not be granted and the public securities or the public security authorization validated and confirmed. (74782)

(c) The order must give a general description of the petition but is not required to contain the entire petition or any exhibit attached to the petition. (74783)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 4, eff. Sept. 1, 1999. (74784)

Sec. 1205.042. SERVICE OF NOTICE ON ATTORNEY GENERAL; WAIVER OF SERVICE. (74785)(1-click HTML)

(a) A copy of the issuer's petition with all attached exhibits and a copy of the order issued under Section 1205.041(a) shall be served on the attorney general before the 20th day before the trial date. (74786)

(b) The attorney general may waive the service if the attorney general has been provided a certified copy of the petition, order, and a transcript of each pertinent public security authorization relating to the matters described in the petition. (74787)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74788)

Sec. 1205.043. PUBLICATION OF NOTICE. (74789)(1-click HTML)

(a) The clerk of the court shall give notice by publishing a substantial copy of the order issued under Section 1205.041(a) in a newspaper of general circulation in: (74790)

(1) Travis County; (74791)

(2) the county where the issuer has its principal office; and (74792)

(3) if the issuer has defined boundaries, each county in which the issuer has territory. (74793)

(b) The notice shall be published once in each of two consecutive calendar weeks, with the date of the first publication before the 14th day before the trial date. (74794)

(c) If the issuer is this state, Subsection (a)(3) does not apply. (74795)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74796)

Sec. 1205.044. EFFECT OF PUBLICATION. (74797)(1-click HTML)

The effect of notice given under Sections 1205.041 and 1205.043 is that: (74798)

(1) each person described by Section 1205.041(a) is a party to the action; and (74799)

(2) the court has jurisdiction over each person to the same extent as if that person were individually named and personally served in the action. (74800)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 5, eff. Sept. 1, 1999. (74801)

   

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