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

SUBCHAPTER D. TRIAL AND APPEAL PROCEEDINGS (74802)(1-click HTML)
Sec. 1205.061. COURT'S POWER TO ENJOIN OTHER PROCEEDINGS. (74803)(1-click HTML)

(a) On the issuer's motion, before or after the trial date set under Section 1205.041, the court may enjoin the commencement, prosecution, or maintenance of any proceeding by any person that contests the validity of: (74804)

(1) any organizational proceeding or boundary change of the issuer; (74805)

(2) public securities that are described in the petition for declaratory judgment action; (74806)

(3) a public security authorization relating to the public securities; (74807)

(4) an action or expenditure of money relating to the public securities, a proposed action or expenditure, or both; (74808)

(5) a tax, assessment, toll, fee, rate, or other charge authorized to be imposed or made for the payment of the public securities or interest on the public securities; or (74809)

(6) a pledge of any revenue, receipt, or property, or an encumbrance on a tax, assessment, toll, fee, rate, or other charge, to secure that payment. (74810)

(b) The court may: (74811)

(1) order a joint trial on all issues pending in any other proceeding in a court in this state and the consolidation of the proceeding with the action under this chapter; and (74812)

(2) issue necessary or proper orders to effect the consolidation that will avoid unnecessary costs or delays or a multiplicity of proceedings. (74813)

(c) An interlocutory order issued under this section is final and may not be appealed. (74814)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74815)

Sec. 1205.062. ANSWER OR INTERVENTION BY INTERESTED PARTIES. (74816)(1-click HTML)

A person described by Section 1205.041(a) may become a named party to an action brought under this chapter by: (74817)

(1) filing an answer with the court at or before the time set for trial under Section 1205.041; or (74818)

(2) intervening, with leave of court, after the trial date. (74819)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74820)

Sec. 1205.063. DUTIES OF ATTORNEY GENERAL. (74821)(1-click HTML)

(a) The attorney general shall examine a petition filed under Section 1205.021, and shall raise appropriate defenses if the attorney general believes that: (74822)

(1) the petition is defective, insufficient, or untrue; or (74823)

(2) the public securities are, or the public security authorization or an expenditure of money relating to the public securities is, or will be invalid or unauthorized. (74824)

(b) If the attorney general does not question the validity of the public securities, the public security authorization, or an expenditure of money relating to the public securities or the security or provisions for the payment of the public securities, the attorney general may: (74825)

(1) state that belief; and (74826)

(2) on a finding by the court to that effect, be dismissed as a party. (74827)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74828)

Sec. 1205.064. INSPECTION OF RECORDS OF ISSUER. (74829)(1-click HTML)

(a) Each record of an issuer relating to the public securities, a public security authorization, or an expenditure of money relating to the public securities is open to inspection at reasonable times to any party to an action under this chapter. (74830)

(b) Each officer, agent, or employee with possession, custody, or control of any book, paper, or record of the issuer shall, on demand of the attorney general: (74831)

(1) allow examination of the book, paper, or record; and (74832)

(2) without cost, provide an authenticated copy that pertains to or may affect the legality of the public securities, public security authorization, or an expenditure of money relating to the public securities. (74833)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74834)

Sec. 1205.065. TRIAL OF ACTION. (74835)(1-click HTML)

(a) The court shall with the least possible delay: (74836)

(1) hear and determine each legal or factual question in the declaratory judgment action; and (74837)

(2) render a final judgment. (74838)

(b) Regardless of the pendency of an appeal from an order entered under Subchapter E, on motion of the issuer, the trial judge shall proceed under Subsection (a). (74839)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74840)

Sec. 1205.066. COURT COSTS AND OTHER EXPENSES. (74841)(1-click HTML)

(a) An issuer that brings an action under this chapter shall pay costs of the action, except as provided by Subsection (b). (74842)

(b) The court may require a person other than the attorney general who appears and contests or intervenes in the action to pay all or part of the costs as the court determines equitable and just. (74843)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74844)

Sec. 1205.067. MILEAGE AND TRAVEL EXPENSES OF ATTORNEY GENERAL. (74845)(1-click HTML)

(a) If an action under this chapter is brought in a county other than Travis County, the issuer shall pay any mileage or travel expense of the attorney general or an assistant attorney general in the amount this state allows to an official of this state for travel on official business. (74846)

(b) A claim for an expense under Subsection (a): (74847)

(1) must be filed in duplicate with the clerk of the court in which the action is pending; and (74848)

(2) shall be taxed as a cost against the issuer. (74849)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74850)

Sec. 1205.068. APPEALS. (74851)(1-click HTML)

(a) Any party to an action under this chapter may appeal to the appropriate court of appeals: (74852)

(1) an order entered by the trial court under Section 1205.103 or 1205.104; or (74853)

(2) the judgment rendered by the trial court. (74854)

(b) A party may take a direct appeal to the supreme court as provided by Section 22.001(c). (74855)

(c) An order or judgment from which an appeal is not taken is final. (74856)

(d) An order or judgment of a court of appeals may be appealed to the supreme court. (74857)

(e) An appeal under this section is governed by the rules of the supreme court for accelerated appeals in civil cases and takes priority over any other matter, other than writs of habeas corpus, pending in the appellate court. The appellate court shall render its final order or judgment with the least possible delay. (74858)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 6, eff. Sept. 1, 1999. (74859)

Sec. 1205.069. LEGISLATIVE CONTINUANCES. (74860)(1-click HTML)

Rule 254, Texas Rules of Civil Procedure, and Section 30.003, Civil Practice and Remedies Code, do not apply to a suit or an appeal under this chapter. (74861)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74862)

   

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