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

SUBTITLE I. SPECIFIC AUTHORITY FOR COUNTIES TO ISSUE SECURITIES (77523)(1-click HTML)

CHAPTER 1471. BONDS FOR COUNTY ROADS (77524)(1-click HTML)
Sec. 1471.001. APPLICABILITY OF CHAPTER. (77525)(1-click HTML)

This chapter applies only to the following political subdivisions: (77526)

(1) a county, including a county operating under a special road tax law; (77527)

(2) a commissioners precinct or a justice precinct of a county; and (77528)

(3) a road district. (77529)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77530)

Sec. 1471.002. CONFLICTS OF LAW. (77531)(1-click HTML)

To the extent of a conflict between this chapter and Chapter 1204, Chapter 1204 controls. (77532)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77533)

Sec. 1471.011. AUTHORITY TO ISSUE ROAD BONDS. (77534)(1-click HTML)

(a) In this section, "bonds" includes tax anticipation notes, bond anticipation notes, and other obligations. (77535)

(b) A political subdivision may issue bonds in the manner provided by this chapter and Section 52, Article III, Texas Constitution, to: (77536)

(1) construct, purchase, maintain, or operate a macadamized, graveled, or paved road or turnpike; or (77537)

(2) aid a purpose described by Subdivision (1). (77538)

(c) An issuer of bonds under Subsection (b) may impose ad valorem taxes to pay the interest on the bonds and provide a sinking fund for the redemption of the bonds. (77539)

(d) The total amount of bonds issued under this chapter may not exceed one-fourth of the assessed value of real property of the political subdivision issuing the bonds. (77540)

(e) In determining the limitation imposed by Subsection (d), the assessed value of property of the political subdivision is the market value of the property as recorded by the chief appraiser of the appraisal district that appraises property for the political subdivision. (77541)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77542)

Sec. 1471.012. EMERGENCY NOTES. (77543)(1-click HTML)

(a) If money is not available, a political subdivision may: (77544)

(1) declare an emergency to: (77545)

(A) pay the principal of and interest on bonds issued under this chapter any part of which is payable from taxes; or (77546)

(B) meet any other need of the political subdivision; and (77547)

(2) issue tax or bond anticipation notes to borrow the money needed. (77548)

(b) Notes issued under this section must mature not later than one year after their date. (77549)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77550)

Sec. 1471.013. TAX ANTICIPATION NOTES. (77551)(1-click HTML)

(a) A political subdivision may issue tax anticipation notes authorized by Section 1471.012 for any purpose for which the political subdivision is authorized to impose taxes under Subtitle C, Title 6, Transportation Code. (77552)

(b) Tax anticipation notes must be secured by the proceeds of taxes to be imposed in the succeeding 12 months. (77553)

(c) The commissioners court may covenant with purchasers of the notes to impose a tax sufficient to pay: (77554)

(1) the principal of and interest on the notes; and (77555)

(2) the costs of collecting the taxes. (77556)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77557)

Sec. 1471.014. BOND ANTICIPATION NOTES. (77558)(1-click HTML)

(a) A political subdivision may issue bond anticipation notes authorized by Section 1471.012 for: (77559)

(1) any purpose for which bonds of the political subdivision have been previously approved at an election; or (77560)

(2) refunding previously issued bond anticipation notes. (77561)

(b) A political subdivision may covenant with the purchasers of the bond anticipation notes to use the proceeds of sale of any bonds in the process of being issued to refund the bond anticipation notes. An issuer making a covenant under this subsection shall apply the proceeds received from the sale of the bonds in the process of being issued to pay the principal of, interest on, or redemption price of the bond anticipation notes. (77562)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77563)

Sec. 1471.015. ELECTION ON ISSUANCE OF BONDS: COUNTY. (77564)(1-click HTML)

(a) On the motion of the commissioners court or on receipt of a petition signed by a number of registered voters of the county equal to at least one percent of the total votes cast in the county in the most recent general election for governor, the court at a regular or special session shall order an election to be held in the county to determine whether the county shall: (77565)

(1) issue bonds to: (77566)

(A) construct, maintain, or operate a macadamized, graveled, or paved road or turnpike; or (77567)

(B) aid a purpose described by Paragraph (A); and (77568)

(2) impose taxes on all property in the county subject to taxation to pay the interest on the bonds and to provide a sinking fund for the redemption of the bonds at maturity. (77569)

(b) A petition submitted under Subsection (a) that designates a particular road or project or a portion of a road or project must be accompanied by a written estimate of the cost of the road or project prepared by the county engineer at the expense of the county. (77570)

(c) In addition to the requirements provided by Chapters 3 and 4, Election Code, the election order and notice of election under this section must state: (77571)

(1) the purpose for which the bonds are to be issued; (77572)

(2) the amount of the bonds; (77573)

(3) the rate of interest; and (77574)

(4) that ad valorem taxes will be imposed annually on all taxable property in the county in amounts sufficient to pay the bonds at maturity. (77575)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77576)

Sec. 1471.016. PETITION FOR ELECTION ON ISSUANCE OF BONDS: PRECINCT OR ROAD DISTRICT. (77577)(1-click HTML)

(a) A commissioners or justice precinct or a road district may not issue bonds under this chapter unless a petition is submitted to the commissioners court of the county and an election is ordered under Section 1471.017. (77578)

(b) A petition under this section must: (77579)

(1) request the commissioners court of the county in which the precinct or district is located to order an election to determine whether: (77580)

(A) bonds of the precinct or district shall be issued in an amount stated to: (77581)

(i) construct, maintain, or operate a macadamized, graveled, or paved road or turnpike; or (77582)

(ii) aid an activity described in Subparagraph (i); and (77583)

(B) taxes shall be imposed on all taxable property in the precinct or district in payment of the bonds; and (77584)

(2) be signed by: (77585)

(A) 50 or a majority of the registered voters of the precinct or district; or (77586)

(B) all of the owners of property in the precinct or district as determined by the county tax roll. (77587)

(c) On receipt of the petition, the commissioners court by order shall set the time and place for a hearing. The date of the hearing may not be less than 15 days or more than 90 days after the date the commissioners court orders the hearing. The county clerk shall immediately issue a notice of the time and place of the hearing. (77588)

(d) The notice of the hearing must: (77589)

(1) inform all interested persons of their right to appear at the hearing and contend for or protest the ordering of the bond election; (77590)

(2) state the amount of bonds proposed to be issued and describe the precinct or district by its name or number; (77591)

(3) for a district: (77592)

(A) include a description of the property comprising the district, including the district's estimated acreage and boundaries, described in a manner reasonably calculated to inform interested persons of the area comprising the district; and (77593)

(B) include a map or diagram of the area reasonably calculated to show the boundaries of the district and the major roadways in or adjacent to the district; and (77594)

(4) designate a county officer or employee from whom further details may be obtained. (77595)

(e) The clerk shall execute notice under this section in the same manner as required for an election under Section 1471.018. (77596)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77597)

Sec. 1471.017. HEARING ON AND DETERMINATION OF PETITION: PRECINCT OR ROAD DISTRICT. (77598)(1-click HTML)

(a) At the hearing on a petition submitted under Section 1471.016, the commissioners court shall hear all matters pertaining to the proposed bond election. Any interested person may appear before the court in person or by attorney and contend for or protest the calling of the proposed bond election. (77599)

(b) The commissioners court may order that an election be held in the commissioners or justice precinct or road district on the issue submitted in the petition if the court finds that: (77600)

(1) the petition is signed by the proper number of qualified persons; (77601)

(2) the required notice has been given; and (77602)

(3) the proposed improvements would benefit all taxable property in the precinct or district. (77603)

(c) The commissioners court may change the amount of bonds proposed to be issued if at the hearing the court finds the change is necessary or desirable. (77604)

(d) The proposition submitted at the election must specify: (77605)

(1) the purpose for which the bonds are to be issued; (77606)

(2) the amount of the bonds; (77607)

(3) the rate of interest; and (77608)

(4) that ad valorem taxes are to be imposed annually on all taxable property in the precinct or district in an amount sufficient to pay the annual interest and provide a sinking fund to pay the bonds at maturity. (77609)

(e) A proposition meets the requirements of this chapter if it is in the following form: (77610)

"Authorizing the (name of precinct or district) to issue its bonds in the total sum of $__________ and to impose annually ad valorem taxes on all taxable property in the (precinct or district) to pay the interest on the bonds and create a sinking fund to redeem the principal at maturity for the purposes of the purchase or acquisition of roads and the construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes or in aid of those purposes inside or outside the boundaries of the (precinct or district)." (77611)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77612)

Sec. 1471.018. NOTICE OF ELECTION. (77613)(1-click HTML)

(a) Notice for all elections held under this chapter must be given as required by Chapter 4, Election Code. The commissioners court shall give notice of an election to be held for a commissioners or justice precinct or a road district by posting notice in at least three public places in the precinct or district and at the county courthouse door. (77614)

(b) The commissioners court may, in addition to the notice required by Subsection (a), prescribe that notice of an election or hearing for bonds to be issued for a precinct or district be given by mail to: (77615)

(1) each registered voter in the precinct or district; (77616)

(2) each owner of property in the precinct or district as shown on the tax roll of the county; and (77617)

(3) each person having an interest in property in the precinct or district as may reasonably be ascertained. (77618)

(c) Notice given under Subsection (b) is effective when properly addressed and mailed. (77619)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77620)

Sec. 1471.019. RESULTS OF ELECTION. (77621)(1-click HTML)

The commissioners court may issue bonds on the faith and credit of the applicable political subdivision if two-thirds of the voters voting in the election approve the issuance of the bonds. (77622)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77623)

Sec. 1471.020. EFFECT OF LACK OF NOTICE. (77624)(1-click HTML)

Notice under Section 1471.016(d) or 1471.018(a) is not a prerequisite to and does not affect the validity of a hearing or election to which the notice relates. (77625)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77626)

Sec. 1471.021. MATURITY. (77627)(1-click HTML)

A bond issued under this chapter must mature not later than 30 years after its date except as otherwise provided by this chapter. (77628)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77629)

Sec. 1471.022. DESIGNATION OF BONDS. (77630)(1-click HTML)

(a) Bonds issued under this chapter by the county as a whole must be designated as "__________ (name of county) County Road Bonds." (77631)

(b) Bonds issued under this chapter for a commissioners or justice precinct or a road district must: (77632)

(1) be designated as "Road Bonds"; and (77633)

(2) state on their face "The State of Texas," the name of the county, and the number or corporate name of the precinct or district issuing the bonds. (77634)

(c) Bonds issued under this chapter must state on their face that the bonds are issued under Section 52, Article III, Texas Constitution, and laws enacted under the constitution. (77635)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77636)

Sec. 1471.023. DISPOSITION OF BOND PROCEEDS. (77637)(1-click HTML)

(a) The commissioners court has the custody and control of bonds or bond anticipation notes issued under this chapter until sold under Chapter 1201. (77638)

(b) The portion of the proceeds that represents capitalized interest shall be placed in the county treasury to the credit of the applicable political subdivision and may be used only to pay interest due on the bonds or bond anticipation notes. (77639)

(c) Money remaining from the proceeds after the amounts described in Subsection (b) are deposited and after the costs of the issuance of the bonds or bond anticipation notes are paid shall be placed in the county treasury to the credit of the available road fund of the applicable political subdivision to be used for the purposes for which the bonds were issued, including: (77640)

(1) payment of the following costs as approved by the commissioners court: (77641)

(A) surveying; (77642)

(B) creation; (77643)

(C) construction or acquisition; or (77644)

(D) operation or maintenance; and (77645)

(2) payment or establishment of a reasonable reserve to pay an amount equal to not more than three years' interest on the notes and bonds of the political subdivision, as provided in the bond order or resolution. (77646)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77647)

Sec. 1471.024. DUTIES OF COUNTY TREASURER. (77648)(1-click HTML)

(a) The county treasurer is the custodian of: (77649)

(1) all money collected under this chapter; and (77650)

(2) all taxes collected to pay principal of and interest on bonds issued under this chapter. (77651)

(b) The county treasurer shall: (77652)

(1) deposit the money collected with the county depository in the same manner as other money of the county; and (77653)

(2) promptly pay the principal of and interest on the bonds as they become due from the money collected and deposited for that purpose. (77654)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77655)

Sec. 1471.025. DISBURSEMENT OF BOND PROCEEDS BY COUNTY TREASURER. (77656)(1-click HTML)

(a) The proceeds of county bonds may be paid out only by the county treasurer on warrants: (77657)

(1) drawn on the available road fund; (77658)

(2) issued by the county clerk; (77659)

(3) countersigned by the county judge; and (77660)

(4) on certified accounts approved by the commissioners court. (77661)

(b) The proceeds of bonds issued on the faith and credit of a commissioners or justice precinct or a road district may be paid out only by the county treasurer on warrants: (77662)

(1) drawn on the available road fund of the applicable political subdivision; (77663)

(2) issued by the county clerk; (77664)

(3) countersigned by the county judge; and (77665)

(4) approved by the commissioners court. (77666)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77667)

Sec. 1471.026. INVESTMENT OF SINKING FUNDS. (77668)(1-click HTML)

(a) The commissioners court may invest money in a sinking fund accumulated for the redemption and payment of any bonds issued under this chapter in: (77669)

(1) bonds of the United States, this state, or a county, municipality, school district, or road district of this state; (77670)

(2) bonds of the federal Farm Credit System; or (77671)

(3) certificates of indebtedness issued by the secretary of the treasury of the United States. (77672)

(b) Sinking funds accumulated for the redemption and payment of bonds issued under this chapter may not be invested in bonds the terms of which provide for a maturity date after the date of maturity of the bonds for which the sinking fund was created. (77673)

(c) Interest on an investment shall be applied to the sinking fund associated with the investment. (77674)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77675)

Sec. 1471.027. USE OF BOND PROCEEDS OUTSIDE ROAD DISTRICT. (77676)(1-click HTML)

A road district may use the proceeds of bonds issued under this chapter for road improvements located outside the district if the commissioners court finds that the improvements are reasonable, necessary, and beneficial to all taxable property in the district. (77677)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77678)

Sec. 1471.028. USE OF SURPLUS SINKING FUND. (77679)(1-click HTML)

An amount remaining in the sinking fund after the principal of and interest on the bonds are fully paid may be used by a political subdivision: (77680)

(1) for the construction, maintenance, and operation of macadamized, graveled, or paved roads or turnpikes; (77681)

(2) to aid a purpose described by Subdivision (1); or (77682)

(3) for a permanent improvement authorized by law as determined by the officials of the political subdivision. (77683)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77684)

Sec. 1471.029. ELECTION FOR REPURCHASE AND CANCELLATION OF BONDS. (77685)(1-click HTML)

(a) On receipt of a petition signed by at least 50 registered voters of the political subdivision issuing the bonds, the commissioners court shall order an election to determine whether road bonds in an amount equal to the unexpended and unpledged proceeds remaining from the sale of bonds issued under this chapter shall be repurchased, canceled, and revoked. (77686)

(b) The commissioners court shall hold an election ordered under Subsection (a) in the same manner as the election at which the bonds were originally authorized. (77687)

(c) The commissioners court may advertise for and repurchase the outstanding bonds from the holders if two-thirds of the voters voting in the election approve the repurchase, cancellation, and revocation. (77688)

(d) After repurchasing the bonds, the commissioners court shall: (77689)

(1) cancel and burn the bonds; and (77690)

(2) forward to the comptroller a certified copy of the minutes of the commissioners court showing the repurchase, cancellation, and destruction of the bonds. (77691)

(e) On receipt of a copy under Subsection (d)(2), the comptroller shall promptly cancel the registration of the bonds. (77692)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77693)

SUBCHAPTER C. REFINANCING ROAD DISTRICT BONDS THROUGH ASSESSMENTS (77694)(1-click HTML)
Sec. 1471.051. ALTERNATE REFUNDING BONDS AND CERTIFICATES OF ASSESSMENT AUTHORIZED. (77695)(1-click HTML)

A road district may issue refunding bonds or certificates of assessment under this subchapter to refinance any portion of any outstanding bonded indebtedness if: (77696)

(1) the district receives a petition that: (77697)

(A) requests the issuance of the bonds or certificates; and (77698)

(B) is signed by persons who own taxable real property in the district that in total is valued at an amount at least equal to 66 percent of the appraised value of all taxable real property in the district, as determined by the most recent certified appraisal roll of the appraisal district in which the property is located; and (77699)

(2) the district determines, after notice and public hearing held in accordance with this subchapter, that the property in the district will benefit from the refinancing. (77700)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77701)

Sec. 1471.052. ASSESSMENT AS SECURITY. (77702)(1-click HTML)

Bonds or certificates issued under this subchapter must be secured by a pledge of all or part of the money received by the road district from an assessment made against all taxable real property in the district under this subchapter. (77703)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77704)

Sec. 1471.053. MATURITY. (77705)(1-click HTML)

A bond or certificate issued under this subchapter must mature not later than 30 years after its date of issuance. (77706)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77707)

Sec. 1471.054. PREPARATION OF ASSESSMENT. (77708)(1-click HTML)

Before issuing bonds or certificates under this subchapter, the road district by order shall: (77709)

(1) determine, as appropriate, the amount necessary to pay all or a part of the principal of and interest on: (77710)

(A) the refunding bonds on maturity; or (77711)

(B) the outstanding bonded indebtedness of the district; (77712)

(2) prepare a plan the district determines is equitable for apportioning the amount determined under Subdivision (1) among the record owners of real property in the district based on the ratio that the appraised value of each lot or parcel in the district bears to the total appraised value of real property in the district; and (77713)

(3) hold a public hearing on the district's intention to issue bonds or certificates. (77714)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77715)

Sec. 1471.055. NOTICE OF HEARING. (77716)(1-click HTML)

(a) Notice of the hearing ordered under Section 1471.054 must provide: (77717)

(1) the date, time, place, and subject matter of the hearing; (77718)

(2) that refunding bonds or certificates of assessment are proposed to be issued by the road district; (77719)

(3) the purpose for which the bonds or certificates are to be issued; (77720)

(4) the amount determined under Section 1471.054(1); and (77721)

(5) the plan prepared by the district under Section 1471.054(2). (77722)

(b) Notice containing the information required by Subsection (a) must be published in a newspaper of general circulation in the county not later than the 30th day before the date of the hearing. (77723)

(c) Not later than the 14th day before the date of the hearing, the district shall mail to each owner of real property in the district as determined from the most recent certified appraisal roll of the appraisal district in which the property is located notice containing: (77724)

(1) the information required by Subsection (a)(1); and (77725)

(2) an estimate of the amount of the assessment to be apportioned to that owner's property. (77726)

(d) The failure of a property owner to receive notice of the hearing and of the estimated assessment does not affect the validity of the hearing or a subsequent assessment. (77727)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77728)

Sec. 1471.056. IMPOSITION OF ASSESSMENT. (77729)(1-click HTML)

(a) If, at the conclusion of the hearing, the road district by order determines that the property in the district will benefit from refinancing under this subchapter, the district may: (77730)

(1) issue refunding bonds or certificates of assessment to pay all or part of the district's bonded indebtedness; and (77731)

(2) impose the assessments as special assessments on the property in the district. (77732)

(b) For assessments imposed under Subsection (a), the district: (77733)

(1) shall specify the method of payment and rate of interest of the assessments; and (77734)

(2) may provide for payment in periodic installments in amounts necessary to pay the principal of and interest on the refunding bonds or certificates of assessment as accrued. (77735)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77736)

Sec. 1471.057. APPEAL OF ASSESSMENT. (77737)(1-click HTML)

(a) A property owner may appeal an assessment under this subchapter by filing a notice of appeal with the road district not later than the 30th day after the date the assessment is adopted. After receiving notice of appeal under this subsection, the district shall set a date to hear the appeal. (77738)

(b) A property owner may appeal a district's decision on an assessment made under this subchapter to a court by filing notice of the appeal with the court not later than the 30th day after the date of the district's final decision on the assessment. (77739)

(c) A property owner who fails to file notice in the time required by Subsection (a) or (b) loses the right to appeal the assessment. (77740)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77741)

Sec. 1471.058. REASSESSMENT. (77742)(1-click HTML)

(a) A road district may make a new assessment of property assessed under this subchapter if an assessment of the property is: (77743)

(1) set aside by a court; (77744)

(2) found excessive by the district; or (77745)

(3) determined invalid by the district. (77746)

(b) A district may reassess property if: (77747)

(1) at the time the bonds or certificates are issued under this subchapter, the property is exempt from taxation under Subchapter B, Chapter 11, Tax Code, or appraised under Subchapter C, D, or E, Chapter 23, Tax Code; and (77748)

(2) the property subsequently loses its exemption or is not eligible for appraisal under Subchapter C, D, or E, Chapter 23, Tax Code. (77749)

(c) A district may make a supplemental assessment to correct an omission or mistake in an assessment. (77750)

(d) Before making an assessment under Subsection (b) or (c), a district must give notice and conduct a hearing in the manner required for an original assessment. (77751)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77752)

Sec. 1471.059. ADJUSTMENT OF VALUES FOLLOWING REASSESSMENT. (77753)(1-click HTML)

(a) In making a reassessment under Section 1471.058(b), the road district shall assess the property using the property's market value for the year preceding the year in which the bonds or certificates are issued. (77754)

(b) The district shall proportionately reduce the assessment of the other property in the district to reflect the value of the reassessed property. The district shall refund to a property owner the difference between the amount of the original assessment and a new assessment under this subsection if the property owner has paid the entire amount of the original assessment. (77755)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77756)

Sec. 1471.060. LIEN FOR UNPAID ASSESSMENT. (77757)(1-click HTML)

(a) An assessment under this subchapter, any interest, and any expenses of collection or reasonable attorney's fees incurred are a lien against the assessed property until paid. (77758)

(b) A lien under Subsection (a): (77759)

(1) is superior to any other lien except an ad valorem tax lien; and (77760)

(2) is effective from the date the assessment is imposed until the date the total amount of the assessment for the property is paid. (77761)

(c) A road district may enforce a lien under Subsection (a) in the same manner as the commissioners court enforces an ad valorem tax lien. (77762)

(d) The owner of assessed property is personally liable for the payment of an assessment under this subchapter and may pay at any time the entire amount of the assessment and accrued interest on any lot or parcel. Liability for an assessment passes with the property on a transfer of ownership. (77763)

(e) A lien for a supplemental assessment or reassessment is effective even if the property has been released from a prior lien under this subchapter. (77764)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77765)

Sec. 1471.061. ISSUANCE AND FORM OF CERTIFICATES. (77766)(1-click HTML)

(a) A road district may issue and transfer, on terms determined by the district, a certificate of assessment for each assessed lot or parcel. A certificate of assessment may be issued under Chapter 1207 as if it were a bond. On making a supplemental assessment or reassessment, the district shall provide a certificate of assessment reflecting any change in the value of the original assessment. (77767)

(b) A certificate must state: (77768)

(1) the amount of the lien on the assessed property; (77769)

(2) the liability of the property owner for the lien; (77770)

(3) the terms of transfer of the certificate; (77771)

(4) that the assessment was imposed and the certificate was issued under this subchapter; and (77772)

(5) that the certificate is not an obligation of or secured by a pledge of the faith or credit of a county in which the district is located. (77773)

(c) A certificate is prima facie evidence of all the matters shown on the certificate. (77774)

(d) A holder of the certificate may enforce the assessment in the same manner as the district may enforce assessments made under this subchapter. (77775)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77776)

Sec. 1471.062. ASSESSMENTS CONSIDERED TAXES. (77777)(1-click HTML)

For purposes of a title insurance policy issued under Title 11, Insurance Code, an assessment under this subchapter and any interest on or expenses or attorney's fees related to the assessment are considered taxes. (77778)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77779)

Amended by: (77780)

Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.121, eff. September 1, 2005. (77781)

SUBCHAPTER D. COMPENSATION BONDS (77782)(1-click HTML)
Sec. 1471.081. ELECTION AUTHORIZED. (77783)(1-click HTML)

(a) On receipt of a petition signed by 250 registered voters residing anywhere in the county, the commissioners court shall order an election in the county to determine whether bonds of the county shall be issued to fully compensate a commissioners or justice precinct or a road district for bonds authorized to be issued under a general or special law adopted under Section 52, Article III, Texas Constitution. (77784)

(b) At the election, the ballot proposition must include: (77785)

(1) the purpose for which the bonds are to be issued; and (77786)

(2) the question as to whether a tax shall be imposed on the taxable property in the county to pay the interest on the bonds and to provide a sinking fund for the redemption of the bonds. (77787)

(c) If the bonds of the precinct or district have been authorized but not issued and sold or if the bonds have been sold but the proceeds have not been spent, the ballot proposition must state: "The issuance of county bonds for the construction of district roads and the further construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes, or in aid of these purposes, throughout the county." (77788)

(d) If the bonds of the precinct or district have been issued and the proceeds have been applied to the construction of roads in the precinct or district, the ballot proposition must state: "The issuance of county bonds for the purchase of district roads and the further construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes, or in aid of these purposes, throughout the county." (77789)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77790)

Sec. 1471.082. ISSUANCE OF COUNTY BONDS. (77791)(1-click HTML)

(a) If the proposition to issue county bonds receives the required favorable vote, the county shall issue the bonds in the amount stated in the election order, but not in an amount that exceeds a limitation imposed by the constitution or a statute. (77792)

(b) After the county issues the bonds, the commissioners court shall set aside the amount necessary to fully compensate the commissioners or justice precinct or road district for the purpose for which the bonds were issued. (77793)

(c) If the bonds are approved for the purpose described by Section 1471.081(c) and the precinct or district bonds have not been issued and sold, the commissioners court shall: (77794)

(1) apply the proceeds of the county bonds to the construction, maintenance, and operation of the roads in the precinct or district as contemplated by the election approving the precinct or district bonds; and (77795)

(2) immediately cancel and destroy the unsold precinct or district bonds. (77796)

(d) If the bonds are approved for the purpose described by Section 1471.081(d), the roads of the precinct or district may become a part of the county road system. (77797)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77798)

Sec. 1471.083. EXCHANGE OF BONDS. (77799)(1-click HTML)

(a) If county bonds are authorized for commissioners or justice precinct or road district bonds that have been issued and sold, an exchange of a like amount of the county bonds may be made with the holder of any outstanding bonds of the precinct or district. (77800)

(b) An agreement for an exchange under this section must: (77801)

(1) be by order of the commissioners court authorizing the exchange; and (77802)

(2) contain the signed and acknowledged written consent of the holder of the bonds in the form required by law for written instruments. (77803)

(c) A copy of the order authorizing the exchange, the agreement, and the county bonds to be given in exchange shall be submitted to the attorney general for approval. The exchange is not effective until the attorney general issues a certificate approving the exchange. (77804)

(d) If the exchange takes effect under this section: (77805)

(1) the commissioners court shall cancel and destroy the bonds of the precinct or district; (77806)

(2) the county may not impose the tax approved at the election of the precinct or district authorizing the bonds; and (77807)

(3) the sinking fund associated with the bonds of the precinct or district shall be transferred to the sinking fund account of the county. (77808)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77809)

Sec. 1471.084. DEPOSIT OF COUNTY BONDS AS GUARANTEE. (77810)(1-click HTML)

(a) If the commissioners court determines that an exchange cannot be made under Section 1471.083, the court as soon as practicable shall deposit with the county treasurer to the credit of the interest and sinking fund account of the commissioners or justice precinct or road district an amount of county bonds equal to the amount of outstanding bonds of the precinct or district. (77811)

(b) Before depositing the county bonds under Subsection (a), the commissioners court shall submit to the attorney general a copy of the order authorizing the deposit and the county bonds to be deposited. The county bonds may be deposited only if the attorney general issues a certificate of approval. (77812)

(c) To be deposited under this section, county bonds must: (77813)

(1) have the word "nonnegotiable" written across the face of the bond; and (77814)

(2) state that the bonds are deposited to the credit of the interest and sinking fund account of the precinct or district named in the bonds as a guarantee of the payment of the outstanding bonds of the precinct or district that have not been exchanged. (77815)

(d) Coupons attached to county bonds to be deposited must have the word "nonnegotiable" written on the coupons. (77816)

(e) After deposit of the county bonds: (77817)

(1) the sinking fund associated with the bonds of the precinct or district shall be transferred to the sinking fund account of the county; and (77818)

(2) the commissioners court may not impose the tax approved at the election of the precinct or district authorizing the bonds. (77819)

(f) The commissioners court shall pay annually the interest on the county bonds deposited under this section from taxes imposed to pay interest on the county bonds and detach the coupon used for payment. The payment shall be credited to the interest account of the precinct or district, and the court shall use that money to pay the interest on the outstanding bonds of the precinct or district. (77820)

(g) From the taxes imposed to provide the sinking fund for the county bonds, the commissioners court shall set aside annually in the sinking fund the amount necessary for the retirement of the county bonds. On maturity of the county bonds, the court shall pay the bonds in full. The payment shall be credited to the sinking fund of the precinct or district, and the court shall use that money to pay in full all outstanding bonds of the precinct or district. (77821)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77822)

Sec. 1471.085. TERMS AND FORM OF COMPENSATION BONDS; USE OF SURPLUS BONDS. (77823)(1-click HTML)

(a) County bonds issued for a purpose described by Section 1471.081(c) or (d) shall: (77824)

(1) be issued in similar denominations, bear the same rate of interest, and have the same date of maturity and similar payment options as the outstanding bonds of the commissioners or justice precinct or road district; and (77825)

(2) in all respects be similar to the outstanding precinct or district bonds except that the bonds: (77826)

(A) are county obligations instead of precinct or district obligations; and (77827)

(B) shall be dated after the election at which the county bonds were authorized. (77828)

(b) County bonds issued in excess of the amount required to exchange, offset, and retire the outstanding precinct or district bonds must mature within 40 years. (77829)

(c) The proceeds of county bonds issued in excess of the amount required to exchange, offset, and retire the outstanding precinct or district bonds shall be credited to the available road fund of the county. The commissioners court may spend the proceeds throughout the county only: (77830)

(1) to construct, maintain, or operate a macadamized, graveled, or paved road or turnpike; or (77831)

(2) in aid of a purpose described by Subdivision (1). (77832)

(d) Except as provided by this subchapter, the issuance and sale of bonds authorized by this subchapter and the imposition of taxes for the bonds shall be as required by law for other county bonds. (77833)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77834)

Sec. 1471.086. CREATION OF ROAD DISTRICT CONTAINING ENTIRE TERRITORY OF EXISTING DISTRICT. (77835)(1-click HTML)

(a) If a road district is created that contains all of the territory of an existing commissioners or justice precinct or road district that has outstanding road bonds, the newly created district: (77836)

(1) shall fully compensate the existing precinct or district in an amount equal to the amount of outstanding road bonds; and (77837)

(2) may issue bonds to: (77838)

(A) purchase or construct roads in the existing precinct or district; (77839)

(B) further construct, maintain, or operate macadamized, graveled, or paved roads or turnpikes in the new district; or (77840)

(C) aid in a purpose described by Paragraph (A) or (B). (77841)

(b) The compensation shall be made and the bonds issued in the form and manner for county bonds under Sections 1471.081-1471.085 except that the petition must be signed by 50 or a majority of the registered voters of the new district. (77842)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77843)

Sec. 1471.087. CREATION OF ROAD DISTRICT CONTAINING PORTION OF TERRITORY OF EXISTING DISTRICT. (77844)(1-click HTML)

(a) If a road district is created that contains a portion of the territory of an existing precinct or district that has outstanding road bonds, the newly created district may issue bonds to: (77845)

(1) purchase roads in the existing precinct or district; or (77846)

(2) further construct macadamized, graveled, or paved roads or turnpikes in the new district. (77847)

(b) The bonds shall be issued in the form and manner prescribed for county bonds under Sections 1471.081-1471.086. (77848)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77849)

CHAPTER 1472. REFUNDING OF COUNTY BONDS FOR CAUSEWAYS (77850)(1-click HTML)
Sec. 1472.001. APPLICABILITY OF CHAPTER. (77851)(1-click HTML)

This chapter applies only to a county that has outstanding bonds: (77852)

(1) issued to construct, acquire, improve, operate, or maintain a causeway; and (77853)

(2) the principal of and interest on which are payable from revenue derived from the operation of the causeway. (77854)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77855)

Sec. 1472.002. AUTHORITY TO ISSUE REFUNDING BONDS. (77856)(1-click HTML)

(a) The commissioners court of the county may issue bonds to refund the outstanding bonds described by Section 1472.001 and may impose ad valorem taxes to pay the interest on and to provide a sinking fund for the redemption of the refunding bonds only if the issuance of the bonds is approved by a majority of the qualified voters voting at an election held in the county in the manner provided by Chapter 1251. (77857)

(b) The aggregate principal amount of outstanding refunding bonds issued under this section may not exceed an amount that, for the payment of the principal of and interest on the bonds, would require the county to impose ad valorem taxes at a rate greater than the 80-cent limitation established by Section 9, Article VIII, Texas Constitution. (77858)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77859)

Sec. 1472.003. MATURITY. (77860)(1-click HTML)

A bond issued under this chapter must mature not later than 40 years after its date. (77861)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77862)

Sec. 1472.004. SALE OF BONDS. (77863)(1-click HTML)

The commissioners court may determine the manner of sale of bonds issued under this chapter. (77864)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77865)

Sec. 1472.005. EXCHANGE OR REPAYMENT OF BONDS BEING REFUNDED. (77866)(1-click HTML)

The commissioners court may: (77867)

(1) exchange bonds issued under this chapter for the bonds being refunded; or (77868)

(2) use the proceeds of bonds issued under this chapter to pay the principal amount of the bonds being refunded and any required redemption premium and cancel those bonds. (77869)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77870)

Sec. 1472.006. USE OF FUNDS ESTABLISHED FOR BONDS BEING REFUNDED. (77871)(1-click HTML)

On cancellation of the bonds being refunded, the commissioners court may use money in any fund established by the resolution or order authorizing the issuance of the bonds to be refunded: (77872)

(1) to pay the principal of and accrued interest on the bonds to be refunded; (77873)

(2) to pay any required redemption premium; (77874)

(3) to make a payment into the road and bridge fund of the county; or (77875)

(4) for any other lawful purpose. (77876)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77877)

Sec. 1472.007. CONTINUED IMPOSITION OF TAXES. (77878)(1-click HTML)

A county issuing bonds under this chapter shall continue to impose ad valorem taxes to pay the interest on those bonds and to provide a sinking fund for the redemption of those bonds even if the facilities constructed with the proceeds of the bonds being refunded become a part of the state highway system. (77879)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77880)

Sec. 1472.008. REFUNDING OF REFUNDING BONDS. (77881)(1-click HTML)

Subject to Section 1472.002(b), the commissioners court may refund bonds issued under this chapter on the terms, including the maturity, as determined by the court. (77882)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77883)

CHAPTER 1473. OBLIGATIONS FOR COUNTY BUILDINGS (77884)(1-click HTML)
SUBCHAPTER A. BONDS FOR PUBLIC LIBRARIES (77885)(1-click HTML)
Sec. 1473.001. AUTHORITY TO ISSUE PUBLIC LIBRARY BONDS. (77886)(1-click HTML)

The commissioners court of a county by order may authorize the issuance of county bonds to finance all or part of the acquisition, construction, improvement, enlargement, equipment, or repair of a public library building. (77887)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77888)

Sec. 1473.002. PLEDGE OF REVENUE. (77889)(1-click HTML)

The commissioners court shall provide for the payment of the principal of and interest on bonds issued under this subchapter by pledging all or part of the revenue derived from: (77890)

(1) the operation of the library building; or (77891)

(2) the lease of space in the library building. (77892)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77893)

Sec. 1473.003. BONDS NOT PAYABLE FROM TAXES. (77894)(1-click HTML)

An owner of a bond issued under this subchapter is not entitled to demand payment of the principal of or interest on the bond from money raised by taxation. (77895)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77896)

Sec. 1473.004. CONTENTS OF ORDER AUTHORIZING BONDS. (77897)(1-click HTML)

(a) The order of the commissioners court authorizing the issuance of bonds under this subchapter may provide for the flow of funds and the establishment and maintenance of an interest and sinking fund, a reserve fund, or another fund. (77898)

(b) The order may: (77899)

(1) prohibit the issuance of additional bonds or other obligations payable from the pledged revenue; or (77900)

(2) reserve the right of the commissioners court to issue additional bonds payable from the pledged revenue that are on a parity with or subordinate to the lien and pledge on the revenue that supports the bonds issued under the order. (77901)

(c) The commissioners court may include in the order any other provision or covenant, including a covenant with respect to the bonds, the pledge of revenue, or the operation or maintenance of the library building. (77902)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77903)

Sec. 1473.005. ADOPTION AND EXECUTION OF DOCUMENTS. (77904)(1-click HTML)

The commissioners court may adopt and have executed any other proceeding or instrument necessary or convenient to the issuance of the bonds. (77905)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77906)

Sec. 1473.006. MATURITY. (77907)(1-click HTML)

A bond issued under this subchapter must mature not later than 40 years after its date. (77908)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77909)

Sec. 1473.007. OPERATING AND LEASING CHARGES. (77910)(1-click HTML)

(a) The commissioners court shall: (77911)

(1) establish fees related to the operation of the library building; and (77912)

(2) charge rent for the lease of space in the library building. (77913)

(b) The court shall establish the fees and rents in amounts to provide revenue sufficient to pay all expenses related to the ownership and operation of the library building, including: (77914)

(1) payment of the principal of and interest on bonds issued under this subchapter; and (77915)

(2) the creation and maintenance of any required bond reserve fund. (77916)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77917)

Sec. 1473.008. REFUNDING BONDS. (77918)(1-click HTML)

(a) A county may issue refunding bonds to refund all or any part of its outstanding bonds issued under this subchapter, including matured but unpaid interest coupons. The comptroller shall register the refunding bonds on the surrender and cancellation of the bonds being refunded. The refunding may take place in one delivery or in installment deliveries. (77919)

(b) The refunding bonds may be payable from the same sources as the bonds to be refunded or from other additional sources. (77920)

(c) A county may, in the order authorizing the issuance of the refunding bonds, provide for the sale of the refunding bonds and the deposit of the proceeds in the place at which the bonds to be refunded are payable. In that case, the refunding bonds may be issued before the cancellation of the bonds to be refunded. (77921)

(d) If refunding bonds are issued before cancellation of the bonds to be refunded, the county shall deposit an amount sufficient to pay the principal of and interest on the bonds to be refunded to their maturity dates, or to their option dates if the bonds have been called for payment before maturity according to their terms, in each place at which the bonds to be refunded are payable. The comptroller shall register the refunding bonds without the surrender and cancellation of bonds to be refunded. (77922)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77923)

Sec. 1473.009. EXEMPTION FROM TAXATION. (77924)(1-click HTML)

A bond issued under this subchapter, any transaction related to the bond, and profits made in the sale of the bond are exempt from taxation by this state or by a municipality or other political subdivision of this state. (77925)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77926)

SUBCHAPTER B. BONDS FOR AUDITORIUMS, COLISEUMS, AND EXHIBIT BUILDINGS (77927)(1-click HTML)
Sec. 1473.021. AUTHORITY FOR AUDITORIUM, COLISEUM, OR EXHIBIT BUILDING. (77928)(1-click HTML)

The commissioners court of a county may purchase or construct a building or other permanent improvement to be used for: (77929)

(1) a coliseum; (77930)

(2) an auditorium; or (77931)

(3) an annual exhibit of livestock or agricultural, horticultural, or mineral products of the county. (77932)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77933)

Sec. 1473.022. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (77934)(1-click HTML)

(a) The commissioners court of a county may: (77935)

(1) issue bonds to finance the purchase or construction of a building or improvement described by Section 1473.021; and (77936)

(2) impose a tax to pay the bonds. (77937)

(b) The commissioners court shall issue any bonds under this subchapter and impose the tax in compliance with the applicable provisions of Subtitles A and C. (77938)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77939)

Sec. 1473.023. PAYMENT FOR BUILDINGS OR IMPROVEMENTS. (77940)(1-click HTML)

A county that maintains a permanent improvement fund shall pay for each building or improvement described by Section 1473.021 from that fund. (77941)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77942)

Sec. 1473.024. LOCATION OF BUILDINGS OR IMPROVEMENTS. (77943)(1-click HTML)

The commissioners court may determine the location in the county for a building or improvement described by Section 1473.021. (77944)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77945)

SUBCHAPTER C. SECURITIES TO IMPROVE OR REPAIR CERTAIN BUILDINGS (77946)(1-click HTML)
Sec. 1473.051. DEFINITION. (77947)(1-click HTML)

In this subchapter, "security" means a bond, note, warrant, obligation, or other evidence of indebtedness. (77948)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77949)

Sec. 1473.052. AUTHORITY TO ISSUE OBLIGATIONS. (77950)(1-click HTML)

(a) The commissioners court of a county may issue securities to finance the enlargement, alteration, improvement, or repair of a building if: (77951)

(1) the building: (77952)

(A) is not the courthouse; (77953)

(B) is located at the county seat; (77954)

(C) is partly used for public business and partly rented for private use; and (77955)

(D) was acquired by the county in settlement of an obligation owed the county; and (77956)

(2) money is not available for the enlargement, alteration, improvement, or repair. (77957)

(b) In issuing a security under this subchapter, the commissioners court may pledge, assign, or encumber the net income and revenue from that part of the building that the court finds is not, and will not later be, necessary for a public purpose. (77958)

(c) Repealed by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff. Sept. 1, 1999. (77959)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 47(4), eff. Sept. 1, 1999. (77960)

Sec. 1473.053. OBLIGATIONS NOT PAYABLE FROM TAXES. (77961)(1-click HTML)

(a) A security issued under this subchapter: (77962)

(1) is not a debt of the county; (77963)

(2) may be a charge only on the revenue that is pledged, assigned, or encumbered; and (77964)

(3) may not be included in determining the power of the county to issue bonds for any purpose authorized by law. (77965)

(b) Each security issued under this subchapter must include the following provision: "The holder of this obligation is not entitled to demand payment of this obligation out of any money raised by taxation." (77966)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77967)

Sec. 1473.054. RENT. (77968)(1-click HTML)

For each part of a building described by Section 1473.052(a) that is not used for a public purpose, the county shall charge and collect rent in an amount sufficient to: (77969)

(1) pay all operating, maintenance, depreciation, replacement, improvement, and interest charges and expenses for the building; and (77970)

(2) create an interest and sinking fund sufficient to pay any securities issued under this subchapter. (77971)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77972)

Sec. 1473.055. LIENS ON AND USE OF REVENUE FROM BUILDING. (77973)(1-click HTML)

(a) Except as provided by Subsections (b) and (c), the income or revenue of a building described by Section 1473.052(a) may not be used to pay another debt, expense, or obligation of the county until the securities secured by the revenue have been finally paid. (77974)

(b) Each expense of operation and maintenance, including all salaries, labor, materials, interest, improvements, repairs, and extensions necessary to provide efficient service, and each proper item of expense, is a first lien against the building's revenue. (77975)

(c) An expense for a repair or extension is a first lien only if the commissioners court finds the repair or extension is necessary to: (77976)

(1) keep the building in operation and provide adequate service; or (77977)

(2) respond to a physical accident or condition that would otherwise impair a security issued under this subchapter. (77978)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77979)

Sec. 1473.056. ELECTION NOT REQUIRED. (77980)(1-click HTML)

The commissioners court may issue securities under this subchapter without holding an election to approve the issuance. (77981)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77982)

SUBCHAPTER D. BONDS FOR JAILS OR OTHER BUILDINGS (77983)(1-click HTML)
Sec. 1473.101. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (77984)(1-click HTML)

(a) The commissioners court of a county may: (77985)

(1) issue bonds to pay for the purchase, construction, improvement, or equipment of a building or jail under Section 292.001, Local Government Code, including the purchase or improvement of a site for the building or jail; and (77986)

(2) impose a tax under Section 9, Article VIII, Texas Constitution, to pay for the bonds. (77987)

(b) The commissioners court of a county that has a population of more than 1.5 million may: (77988)

(1) issue bonds to pay for the construction and equipment of a courthouse or county branch office building, including the acquisition of a site for the courthouse or branch office building; and (77989)

(2) impose a tax to pay for the bonds. (77990)

(c) Except as otherwise provided by this subchapter, the commissioners court shall issue any bonds and impose the tax in compliance with the applicable provisions of Subtitles A and C. (77991)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77992)

Amended by: (77993)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 25, eff. September 1, 2011. (77994)

Sec. 1473.102. ELECTION PROPOSITIONS. (77995)(1-click HTML)

The commissioners court may submit one or more bond propositions at an election relating to the issuance of bonds under this subchapter. Each proposition may include one or more of the purposes provided by Section 1473.101. (77996)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (77997)

SUBCHAPTER E. BONDS FOR PARKING FACILITIES (77998)(1-click HTML)
Sec. 1473.131. DEFINITIONS. (77999)(1-click HTML)

In this subchapter: (78000)

(1) "Bond order" means an order authorizing the issuance of bonds under this subchapter. (78001)

(2) "Parking facility" means: (78002)

(A) a lot, area, or structure used primarily to park motor vehicles; (78003)

(B) the site for the lot, area, or structure; and (78004)

(C) equipment used in connection with the maintenance and operation of the lot, area, or structure. (78005)

(3) "Trust indenture" means an instrument, including a mortgage or deed of trust, that secures bonds issued under this subchapter by: (78006)

(A) a pledge of revenue; or (78007)

(B) a pledge of revenue and a mortgage lien on property. (78008)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78009)

Sec. 1473.132. AUTHORITY FOR PARKING FACILITIES. (78010)(1-click HTML)

The commissioners court of a county may construct, enlarge, furnish, equip, or operate a parking facility in the vicinity of any county-owned facility or building if the court finds the action to be in the best interest of the county and the county's residents. (78011)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78012)

Sec. 1473.133. OTHER FACILITIES WITHIN PARKING FACILITY. (78013)(1-click HTML)

The commissioners court may incorporate into a parking facility authorized by Section 1473.132: (78014)

(1) a jury assembly room; (78015)

(2) office space; (78016)

(3) a nursery; (78017)

(4) toilet facilities; (78018)

(5) a snack bar; or (78019)

(6) a related facility. (78020)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78021)

Sec. 1473.134. LEASE OF PARKING FACILITY. (78022)(1-click HTML)

The commissioners court may lease the parking facility to any person or corporation. (78023)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78024)

Sec. 1473.135. AUTHORITY TO ISSUE BONDS. (78025)(1-click HTML)

The commissioners court by order may issue bonds to provide money to construct, enlarge, furnish, or equip a parking facility authorized by this subchapter. (78026)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78027)

Sec. 1473.136. PLEDGE OF REVENUE; TAX. (78028)(1-click HTML)

(a) Bonds issued under this subchapter must be payable from and secured by a pledge of: (78029)

(1) the net revenue of the parking facility; and (78030)

(2) any other revenue incident to the ownership of the parking facility, including money received from a lease of the facility. (78031)

(b) The commissioners court may also provide for the bonds to be payable from and secured by the imposition of an ad valorem tax. The tax may not exceed two and one-half cents on each $100 valuation of taxable property in the county. (78032)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78033)

Sec. 1473.137. BONDS NOT PAYABLE FROM TAXES. (78034)(1-click HTML)

(a) Except as provided by Subsection (b), each bond issued under this subchapter must include the following provision: "The holder of this obligation is not entitled to demand payment of this obligation from money raised by taxation." (78035)

(b) A bond may not contain the provision specified by Subsection (a) if the commissioners court has provided for the payment of the bond from tax revenue under Section 1473.136(b). (78036)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78037)

Sec. 1473.138. MATURITY. (78038)(1-click HTML)

A bond issued under this subchapter must mature within 40 years. (78039)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78040)

Sec. 1473.139. SIGNATURES; REGISTRATION BY COUNTY TREASURER. (78041)(1-click HTML)

A bond issued under this subchapter must be: (78042)

(1) signed by the county judge; (78043)

(2) countersigned by the county clerk; and (78044)

(3) registered by the county treasurer. (78045)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78046)

Sec. 1473.140. ADDITIONAL BONDS. (78047)(1-click HTML)

(a) The commissioners court may issue bonds under this subchapter that are a junior lien on the net revenue or property unless the bond order or trust indenture prohibits their issuance. (78048)

(b) The commissioners court may issue parity bonds under conditions in the bond order or trust indenture. (78049)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78050)

Sec. 1473.141. SALE OF BONDS. (78051)(1-click HTML)

The county may sell the bonds under terms the commissioners court determines to be the most advantageous and reasonably obtainable. (78052)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78053)

Sec. 1473.142. USE OF BOND PROCEEDS. (78054)(1-click HTML)

The commissioners court may set aside from the bond proceeds: (78055)

(1) money to pay interest on the bonds; and (78056)

(2) money in the amount the commissioners court estimates to be required for operating expenses until the parking facility becomes sufficiently operational. (78057)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78058)

Sec. 1473.143. RENTS AND RATES FOR SERVICES. (78059)(1-click HTML)

The commissioners court shall charge rents or rates for services of the parking facility and shall use any other revenue generated by the parking facility so that the revenues of the facility are sufficient to: (78060)

(1) pay the expenses of owning, operating, and maintaining the facility; (78061)

(2) pay when due the principal of and interest on the bonds; and (78062)

(3) create and maintain a bond reserve fund and other funds as provided by the bond order or trust indenture. (78063)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78064)

Sec. 1473.144. REFUNDING BONDS. (78065)(1-click HTML)

(a) The commissioners court may issue bonds to refund outstanding bonds issued under this subchapter. (78066)

(b) The refunding bonds may be issued in the manner provided by this subchapter for other bonds. (78067)

(c) The refunding bonds may be issued to be exchanged by the comptroller or to be sold, with the bond proceeds applied to the payment of outstanding bonds. (78068)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78069)

Sec. 1473.145. PROVISIONS FOR OPERATION OF PARKING FACILITY. (78070)(1-click HTML)

The bond order or trust indenture may prescribe systems, methods, routines, or procedures for the operation of the parking facility. (78071)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78072)

Sec. 1473.146. ELECTION NOT REQUIRED. (78073)(1-click HTML)

The commissioners court may issue bonds under this subchapter without holding an election to approve the issuance. (78074)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78075)

SUBCHAPTER F. BONDS FOR PUBLIC HEALTH ADMINISTRATION BUILDINGS IN CERTAIN COUNTIES (78076)(1-click HTML)
Sec. 1473.171. APPLICABILITY OF SUBCHAPTER. (78077)(1-click HTML)

This subchapter applies only to a county that: (78078)

(1) contains a municipality with a population of more than 275,000; and (78079)

(2) before April 27, 1965, ordered an election for the issuance of bonds for: (78080)

(A) erecting a public health administration building; and (78081)

(B) acquiring a site and equipment for a public health administration building. (78082)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78083)

Sec. 1473.172. AUTHORITY FOR PUBLIC HEALTH ADMINISTRATION BUILDING. (78084)(1-click HTML)

If the bonds were approved at an election ordered before April 27, 1965, the county alone or jointly with a municipality located in the county, may: (78085)

(1) erect, maintain, expand, or repair a public health administration building; or (78086)

(2) acquire a site or equipment for a public health administration building. (78087)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78088)

Sec. 1473.173. AUTHORITY TO ISSUE BONDS. (78089)(1-click HTML)

(a) If the bonds were approved at an election ordered before April 27, 1965, the county may issue general obligation bonds to finance: (78090)

(1) the erection, maintenance, expansion, and repair of a building authorized by Section 1473.172; and (78091)

(2) the acquisition of a site and equipment for the building. (78092)

(b) The commissioners court shall issue any bonds under this subchapter in compliance with the applicable provisions of Subtitles A and C. (78093)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78094)

Sec. 1473.174. COST SHARING AND INTEREST IN JOINT PROJECTS. (78095)(1-click HTML)

A county and a municipality that jointly erect a public health administration building under this subchapter shall share the cost of, and shall each have an undivided interest in, the building: (78096)

(1) as agreed by the governing bodies of the county and the municipality; and (78097)

(2) as authorized by orders or ordinances adopted by the governing bodies of the county and the municipality. (78098)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78099)

Sec. 1473.175. USE OF JOINT PROJECT BUILDING. (78100)(1-click HTML)

(a) Except as provided by Subsection (b), a public health administration building erected jointly by a county and a municipality under this subchapter may be: (78101)

(1) used for any purpose that will contribute to the health of the residents of the county and municipality; and (78102)

(2) occupied and used by the county and municipality jointly. (78103)

(b) The public health administration building may not be used for hospital purposes. (78104)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78105)

SUBCHAPTER G. BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A POPULATION OF MORE THAN 1.5 MILLION (78106)(1-click HTML)
Sec. 1473.191. APPLICABILITY OF SUBCHAPTER. (78107)(1-click HTML)

This subchapter applies only to a county with a population of more than 1.5 million. (78108)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78109)

Amended by: (78110)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 26, eff. September 1, 2011. (78111)

Sec. 1473.192. AUTHORITY TO ISSUE BONDS AND IMPOSE TAX. (78112)(1-click HTML)

(a) The commissioners court of a county may: (78113)

(1) issue bonds to pay for the acquisition, construction, or equipment of a county workhouse or county farm to be used to confine or to use the labor of county prisoners, including the acquisition of a site for the workhouse or farm; and (78114)

(2) impose a tax to pay the bonds. (78115)

(b) A county that maintains a permanent improvement fund shall deposit the tax to the credit of that fund to pay for an action taken under Subsection (a)(1). (78116)

(c) The commissioners court shall issue any bonds under this subchapter and impose the tax in compliance with the applicable provisions of Subtitles A and C. (78117)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78118)

Sec. 1473.193. ELECTION. (78119)(1-click HTML)

(a) The commissioners court may issue bonds under this subchapter only if more than a majority of the qualified voters voting at an election held for that purpose approve the bonds. (78120)

(b) Subsection (a) does not apply to refunding bonds. (78121)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78122)

Sec. 1473.194. ELECTION PROPOSITION. (78123)(1-click HTML)

Bonds to be issued under this subchapter may be submitted in a single proposition at the bond election. (78124)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78125)

Sec. 1473.195. NOTICE OF ELECTION. (78126)(1-click HTML)

(a) In addition to the notice required by Section 4.003(c), Election Code, notice of an election under this subchapter shall be given by publication in a newspaper of general circulation in the county. (78127)

(b) The notice must contain a substantial copy of the election order. (78128)

(c) The notice must be published on the same day in each of two consecutive weeks. The first publication must be at least 14 days before the election. (78129)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78130)

SUBCHAPTER H. CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 1.5 MILLION (78131)(1-click HTML)
Sec. 1473.231. APPLICABILITY OF SUBCHAPTER. (78132)(1-click HTML)

This subchapter applies only to a county with a population of more than 1.5 million. (78133)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78134)

Amended by: (78135)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 27, eff. September 1, 2011. (78136)

Sec. 1473.232. AUTHORITY TO OPERATE CRIME DETECTION FACILITIES; FEES, CHARGES, AND EXPENSES. (78137)(1-click HTML)

(a) The commissioners court of a county may: (78138)

(1) operate and maintain the county's crime detection facilities; and (78139)

(2) impose and collect fees or charges for services performed or information provided to others in the use of the facilities. (78140)

(b) The commissioners court shall pay the operation and maintenance expenses of the facilities from the fees or charges or other available county funds. (78141)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78142)

Sec. 1473.233. AUTHORITY TO ISSUE CERTIFICATES OF INDEBTEDNESS AND IMPOSE TAX. (78143)(1-click HTML)

(a) The commissioners court by order may issue certificates of indebtedness to finance the acquisition, construction, repair, improvement, or equipment of a crime detection facility, including the acquisition of any property in connection with the facility. (78144)

(b) The commissioners court annually shall impose and pledge to the payment of the certificates an ad valorem tax sufficient to pay when due the principal of and interest on the certificates. (78145)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78146)

Sec. 1473.234. MATURITY. (78147)(1-click HTML)

A certificate of indebtedness issued under this subchapter must mature not later than 40 years after its date. (78148)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78149)

Sec. 1473.235. ELECTION NOT REQUIRED. (78150)(1-click HTML)

The commissioners court may issue certificates of indebtedness under this subchapter without holding an election to approve the issuance. (78151)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78152)

Sec. 1473.236. LIMIT ON AMOUNT OF CERTIFICATES. (78153)(1-click HTML)

The aggregate principal amount of certificates of indebtedness issued under this subchapter may not exceed $1.5 million. (78154)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78155)

SUBCHAPTER I. BONDS FOR AUDITORIUM OR COLISEUM PARKING FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN ONE MILLION (78156)(1-click HTML)
Sec. 1473.261. APPLICABILITY OF SUBCHAPTER. (78157)(1-click HTML)

This subchapter applies only to a county that: (78158)

(1) has a population of more than one million; and (78159)

(2) has issued bonds to construct buildings or other permanent improvements for a coliseum or auditorium in the county. (78160)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78161)

Sec. 1473.262. DEFINITIONS. (78162)(1-click HTML)

In this subchapter: (78163)

(1) "Bond order" means an order authorizing the issuance of revenue bonds under this subchapter. (78164)

(2) "Parking facility" means: (78165)

(A) a lot, area, or structure used to park motor vehicles; (78166)

(B) the site for the lot, area, or structure; and (78167)

(C) equipment used in connection with maintenance and operation of the lot, area, or structure. (78168)

(3) "Trust indenture" means an instrument, including a mortgage or deed of trust, that secures bonds issued under this subchapter by: (78169)

(A) a pledge of revenue; or (78170)

(B) a pledge of revenue and a mortgage lien on property. (78171)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78172)

Sec. 1473.263. AUTHORITY FOR PARKING FACILITY. (78173)(1-click HTML)

The commissioners court of the county may construct, enlarge, furnish, equip, and operate a parking facility in the vicinity of a coliseum or auditorium if the court finds the action to be in the best interest of the county and the county's residents. (78174)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78175)

Sec. 1473.264. LEASE OF PARKING FACILITY. (78176)(1-click HTML)

The commissioners court may lease the parking facility to any person or corporation. (78177)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78178)

Sec. 1473.265. AUTHORITY TO ISSUE REVENUE BONDS. (78179)(1-click HTML)

The commissioners court by order or trust indenture may issue revenue bonds to provide money to construct, enlarge, furnish, or equip a parking facility authorized by this subchapter. (78180)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78181)

Sec. 1473.266. PLEDGE OF REVENUE. (78182)(1-click HTML)

Bonds issued under this subchapter must be payable from, and secured by a pledge of, the net revenue of the county's operation of the parking facility. The bonds may be payable from any other revenue incident to the ownership of the parking facility, including money received from a lease of the facility. (78183)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78184)

Sec. 1473.267. BONDS NOT PAYABLE FROM TAXES. (78185)(1-click HTML)

Each bond issued under this subchapter must include the following provision: "The holder of this obligation is not entitled to demand payment of this obligation from money raised by taxation." (78186)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78187)

Sec. 1473.268. MATURITY. (78188)(1-click HTML)

A bond issued under this subchapter must mature within 40 years. (78189)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78190)

Sec. 1473.269. SIGNATURES; REGISTRATION BY COUNTY TREASURER. (78191)(1-click HTML)

A bond issued under this subchapter must be: (78192)

(1) signed by the county judge; (78193)

(2) countersigned by the county clerk; and (78194)

(3) registered by the county treasurer. (78195)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78196)

Sec. 1473.270. ADDITIONAL BONDS. (78197)(1-click HTML)

(a) The commissioners court may issue bonds under this subchapter that are a junior lien on the net revenue or property unless the bond order or trust indenture prohibits their issuance. (78198)

(b) The commissioners court may issue parity bonds under conditions in the bond order or trust indenture. (78199)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78200)

Sec. 1473.271. SALE OF BONDS. (78201)(1-click HTML)

The county may sell the bonds under terms the commissioners court determines to be the most advantageous and reasonably obtainable. (78202)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78203)

Sec. 1473.272. USE OF BOND PROCEEDS. (78204)(1-click HTML)

(a) The commissioners court may set aside from the bond proceeds: (78205)

(1) money to pay interest on the bonds; and (78206)

(2) money in the amount the commissioners court estimates to be required for operating expenses until the parking facility becomes sufficiently operational. (78207)

(b) The commissioners court may not set aside money under this section in an amount that exceeds the amount of money necessary to cover interest and operating expenses for the estimated period of construction and the first two years of operation, less any earnings during that time. (78208)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78209)

Sec. 1473.273. RENTS AND RATES FOR SERVICES. (78210)(1-click HTML)

(a) The commissioners court shall charge rates for services of the facility, including rents under a lease, and shall use any other revenue generated by the facility so that the revenues of the facility are sufficient to: (78211)

(1) pay the expenses of owning, operating, and maintaining the facility; (78212)

(2) pay the principal of and interest on the bonds when due; and (78213)

(3) create and maintain a bond reserve fund and other funds as provided by the bond order or trust indenture. (78214)

(b) The county may not provide free use of the parking facility to any person, firm, or corporation, except that the county and any county agency or department may make free use of the facility after bonds issued under this subchapter have been fully paid. (78215)

(c) The commissioners court may provide, in an order authorizing the bonds or in a lease of the parking facility, for minimum periodic payments from any county resource to the bond interest and sinking fund or to the lessee for county or county agency or department use of any part of the parking facility designated for county or county agency or department use. (78216)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78217)

Sec. 1473.274. REFUNDING BONDS. (78218)(1-click HTML)

(a) The commissioners court may issue bonds to refund outstanding bonds issued under this subchapter. (78219)

(b) The refunding bonds may be issued in the manner provided by this subchapter for other bonds. (78220)

(c) The refunding bonds may be issued to be exchanged by the comptroller or to be sold, with the bond proceeds applied to the payment of outstanding bonds. (78221)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78222)

Sec. 1473.275. PROVISIONS FOR OPERATION OF PARKING FACILITY. (78223)(1-click HTML)

The bond order or trust indenture may prescribe systems, methods, routines, or procedures for the operation of the parking facility. (78224)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78225)

Sec. 1473.276. ELECTION NOT REQUIRED. (78226)(1-click HTML)

The commissioners court may issue bonds under this subchapter without holding an election to approve the issuance. (78227)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78228)

CHAPTER 1474. BONDS FOR COUNTY WATER IMPROVEMENTS (78229)(1-click HTML)
SUBCHAPTER A. PURPOSES FOR WHICH BONDS AND NOTES MAY BE ISSUED (78230)(1-click HTML)
Sec. 1474.001. AUTHORITY TO ISSUE BONDS FOR IRRIGATION PURPOSES. (78231)(1-click HTML)

A county may issue bonds in an amount not to exceed one-fourth of the assessed value of the real property in the county for: (78232)

(1) constructing, purchasing, or maintaining a pool, lake, reservoir, dam, canal, or waterway for irrigation purposes or to aid in irrigation; (78233)

(2) enlarging an improvement described by Subdivision (1); or (78234)

(3) paying expenses incidental to the construction, purchase, maintenance, or enlargement. (78235)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78236)

Sec. 1474.002. AUTHORITY TO ISSUE ADDITIONAL BONDS FOR IRRIGATION PURPOSES. (78237)(1-click HTML)

(a) The commissioners court may order additional bonds to be issued in accordance with this chapter if: (78238)

(1) bonds have been authorized or issued under this chapter; (78239)

(2) the commissioners court considers it necessary to issue additional bonds to change the proposed improvement, to purchase or construct further improvements, to purchase additional property to implement the purposes of the project, or to best serve the interests of the county; and (78240)

(3) the additional bonds are approved at an election. (78241)

(b) The commissioners court shall enter its findings under Subsection (a) in the record of the court's proceedings. (78242)

(c) The commissioners court shall hold the election on the additional bonds in accordance with this chapter. (78243)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78244)

Sec. 1474.003. AUTHORITY TO ISSUE BONDS OR NOTES FOR REPAIR PURPOSES. (78245)(1-click HTML)

(a) If a county has constructed or purchased an improvement under this chapter that has been damaged and it is necessary to raise money to repair the damage, the county may issue bonds or notes under this chapter to raise the money. (78246)

(b) The term of a note issued under this chapter may not exceed 20 years. (78247)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78248)

Sec. 1474.004. AUTHORITY TO ISSUE BONDS FOR OTHER WATER-RELATED IMPROVEMENTS. (78249)(1-click HTML)

A county may issue bonds for the improvement of a river, creek, or stream to prevent overflow and for all necessary drainage purposes in connection with that purpose. (78250)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78251)

SUBCHAPTER B. ELECTION PROVISIONS (78252)(1-click HTML)
Sec. 1474.051. BONDS FOR MORE THAN ONE PURPOSE. (78253)(1-click HTML)

Bonds proposed to be issued for any two or more of the purposes stated in this chapter shall be treated as being for one purpose and may be voted on as one proposition. (78254)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78255)

Sec. 1474.052. PETITION FOR BOND ELECTION. (78256)(1-click HTML)

If at least 50 voters who reside in and own taxable property in a county petition the commissioners court for an election on the question of issuing bonds under Section 1474.001 and either Section 52, Article III, or Section 59, Article XVI, Texas Constitution, the commissioners court shall, at a regular or special session of the court, order an election to determine whether the county shall: (78257)

(1) issue bonds for the purposes stated in Section 1474.001; and (78258)

(2) impose a tax on the property in the county for the purpose of paying the interest on the bonds and providing a sinking fund for the redemption of the bonds. (78259)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78260)

Sec. 1474.053. REQUIREMENT TO STATE CHARACTERISTICS OF BONDS. (78261)(1-click HTML)

(a) Except as provided by Subsection (b), the petition for the election, the election order, and the notice of the election must state: (78262)

(1) the amount of bonds to be issued; (78263)

(2) the rate of interest of the bonds; (78264)

(3) the times at which interest on the bonds is payable; and (78265)

(4) the date of maturity of the bonds. (78266)

(b) The election order and the notice of the election may provide that: (78267)

(1) the bonds may bear interest at a rate to be set by the commissioners court; (78268)

(2) any interest may be paid at times set by the commissioners court; and (78269)

(3) the bonds may mature at the times set by the commissioners court. (78270)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78271)

Sec. 1474.054. ELECTION FOR ISSUING BONDS. (78272)(1-click HTML)

(a) The general election laws of this state govern the election except as provided by this section. (78273)

(b) A two-thirds vote of the qualified voters of the county voting in the election is necessary to approve the proposition. (78274)

(c) The commissioners court shall furnish the ballots for each polling place. The ballots shall be printed to permit voting for or against the proposition: "The issuance of bonds for (purpose of the bonds) and the imposition of a tax to pay for the bonds." (78275)

(d) In addition to the requirements provided by Chapter 3, Election Code, the election order shall: (78276)

(1) designate one or more polling places in each voting precinct in the county where the election will be held; and (78277)

(2) name a presiding judge, a judge, and two clerks for each polling place or, if the court considers it necessary, name more election officers for any polling place. (78278)

(e) A copy of the election order signed by the county judge serves as proper notice of the election. (78279)

(f) In addition to the notice required by Section 4.003(c), Election Code, a copy of the election order shall be: (78280)

(1) posted at each polling place and at the courthouse door before the 20th day before the date of the election; and (78281)

(2) published in a newspaper published in the county for three consecutive weeks before the date of the election, with the first publication before the 21st day before the date of the election. (78282)

(g) After preparing the returns of the election, the presiding judge at each polling place shall deliver the returns to the county clerk, who shall keep them in a safe place and deliver them to the commissioners court. After canvassing the returns, the commissioners court shall declare the result of the election by an order entered in the minutes of the court. (78283)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78284)

Sec. 1474.055. ORDER ISSUING BONDS AND IMPOSING TAX. (78285)(1-click HTML)

(a) If the issuance of the bonds and imposition of the tax are approved at the election, the commissioners court by order entered at a regular term of the court shall: (78286)

(1) direct the issuance of the bonds; (78287)

(2) provide for the annual imposition of a tax sufficient to pay the current interest on the bonds and to pay the principal of the bonds at maturity; and (78288)

(3) state the place or places at which the interest is payable. (78289)

(b) The commissioners court shall annually impose a tax sufficient to pay the current interest on the bonds and to pay the principal of the bonds at maturity. (78290)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78291)

Sec. 1474.056. ELECTION FOR ISSUING NOTES: ORDER AND NOTICE. (78292)(1-click HTML)

(a) Before notes are issued under Section 1474.003, the commissioners court shall order and give notice of an election in the manner required for an election on a bond issue. (78293)

(b) In addition to the requirements provided by Chapters 3 and 4, Election Code, the order and notice shall state: (78294)

(1) the purpose for which the notes are to be issued; (78295)

(2) the duration of the notes; (78296)

(3) the rate of interest; and (78297)

(4) the polling places for the election. (78298)

(c) The order and notice may state the manner in which the notes mature. (78299)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78300)

Sec. 1474.057. ELECTION FOR ISSUING NOTES: BALLOT AND RETURNS. (78301)(1-click HTML)

(a) At an election to issue notes, the ballot shall be printed to permit voting for or against the proposition: "The issuance of notes for (purpose of the notes)." (78302)

(b) The commissioners court shall hold the election in the manner provided by this chapter for a bond election. (78303)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78304)

Sec. 1474.058. APPROVAL AND ISSUANCE OF NOTES. (78305)(1-click HTML)

(a) If at least two-thirds of the votes received at the election favor issuing the notes, the commissioners court may issue and sell the notes for the benefit of the county and for the purposes authorized. (78306)

(b) The commissioners court by order shall: (78307)

(1) direct the issuance of the notes; and (78308)

(2) provide for the annual imposition of a tax sufficient to pay the current interest and provide a sinking fund for the payment of the principal of the notes at maturity. (78309)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78310)

SUBCHAPTER C. LIMITATIONS AND PROCEDURES (78311)(1-click HTML)
Sec. 1474.101. LIMIT ON DEBT. (78312)(1-click HTML)

(a) If a county contains one or more districts organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, the ratio of the debt of a district to the assessed value of real property in the district, expressed as a percentage, together with the ratio of the proposed county debt to the assessed value of real property in the county, expressed as a percentage, may not exceed one-fourth of the assessed value of real property in the county or in the district. (78313)

(b) The assessed value of real property in a county or in a district is computed according to the most recent appraisal roll of the county or district, as appropriate. (78314)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78315)

Sec. 1474.102. COURT ACTION TO DETERMINE VALIDITY OF BONDS. (78316)(1-click HTML)

(a) A county that proposes to issue bonds under this chapter shall bring an action in a district court in the county or in a district court in Travis County to determine the validity of the bonds. (78317)

(b) The action shall be brought in the manner provided by Subchapter L, Chapter 55, Water Code, for the validation of water improvement district bonds. Each provision of that subchapter that is applicable to the action, including provisions applicable to the duties of the attorney general and comptroller, the judgment to be rendered, the effect of the judgment, and other matters connected to the action, applies to the validation of the county bonds. (78318)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78319)

Sec. 1474.103. FORM OF BONDS AND NOTES; SIGNATURES; REGISTRATION BY COUNTY CLERK. (78320)(1-click HTML)

(a) Each bond or note issued under this chapter shall be issued in the name of the county. (78321)

(b) A bond shall be designated "__________ County Water Improvement Bond." A note shall be designated "__________ County Water Improvement Note." (78322)

(c) Each bond or note issued under this chapter must be: (78323)

(1) signed by the county judge; (78324)

(2) countersigned by the county clerk; and (78325)

(3) registered by the county treasurer. (78326)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78327)

Sec. 1474.104. EXCHANGING BONDS FOR PROPERTY OR WORK. (78328)(1-click HTML)

The commissioners court may exchange bonds issued under this chapter: (78329)

(1) for property; or (78330)

(2) in payment of the contract price for work to be done in the construction of the improvements. (78331)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78332)

Sec. 1474.105. SALE OR EXCHANGE OF BONDS AND NOTES; DELIVERY OF PROCEEDS. (78333)(1-click HTML)

(a) The commissioners court shall sell or exchange the bonds or notes issued under this chapter on the best terms. (78334)

(b) When the bonds or notes are sold, the proceeds shall immediately be delivered to the county treasurer. (78335)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78336)

Sec. 1474.106. IMPOSITION OF TAX; SEPARATE FUND. (78337)(1-click HTML)

(a) A tax imposed under Section 1474.055(b) shall be imposed as other county taxes. (78338)

(b) The proceeds of the tax are a separate fund that may not be used for a purpose other than a purpose specified by Section 1474.055(b). (78339)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78340)

SUBCHAPTER D. RELATED IRRIGATION POWERS OF COUNTIES (78341)(1-click HTML)
Sec. 1474.151. COUNTY POWERS. (78342)(1-click HTML)

A county acting under this chapter may: (78343)

(1) own or construct a reservoir, dam, levee, well, canal, or other improvement; (78344)

(2) acquire a necessary right-of-way or other land by purchase or by condemnation in the manner provided by Chapter 21, Property Code; or (78345)

(3) perform any other work or construct or acquire any other improvement required for the proper and efficient irrigation of land in the county. (78346)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78347)

Sec. 1474.152. CONTROL OF COUNTY IRRIGATION SYSTEM. (78348)(1-click HTML)

(a) The commissioners court shall control and manage the affairs and operation of the county's irrigation system to the same extent and in the manner as the board of directors of a water improvement district controls and manages a water improvement district under Chapter 49, Water Code. (78349)

(b) The provisions of Chapter 49, Water Code, that apply to the control and management of the affairs and operation of a water improvement district also apply to the control and management of the affairs and operation of the county's irrigation system. (78350)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78351)

CHAPTER 1475. COUNTY BONDS AND WARRANTS FOR NAVIGATION PURPOSES (78352)(1-click HTML)
SUBCHAPTER A. RIGHT-OF-WAY FOR FEDERAL NAVIGATION PROJECTS (78353)(1-click HTML)
Sec. 1475.001. PURPOSE; LIBERAL CONSTRUCTION. (78354)(1-click HTML)

(a) The only purpose of this subchapter is to grant counties in this state the authority to issue bonds or warrants or to otherwise lend their credit for the acquisition and conveyance to the United States of the necessary right-of-way for waterways or navigable canals: (78355)

(1) the construction of which is authorized by federal legislation; and (78356)

(2) the cost of construction and maintenance of which is to be paid by the United States. (78357)

(b) This subchapter shall be liberally construed to accomplish that purpose. (78358)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78359)

Sec. 1475.002. AUTHORITY TO ACQUIRE RIGHT-OF-WAY AND DUMPING PRIVILEGES. (78360)(1-click HTML)

(a) For the purpose of navigation or to aid in navigation, a county may, in accordance with Section 1475.003, acquire right-of-way and necessary dumping privileges for a canal or waterway the construction of which is authorized by federal legislation. (78361)

(b) The county may: (78362)

(1) acquire the right-of-way and necessary dumping privileges by purchase, through donation, or by exercising the county's power of eminent domain; and (78363)

(2) convey the right-of-way and dumping privileges to the United States by a deed executed in the manner that other deeds by a county must be executed. (78364)

(c) In lieu of exercising its power of eminent domain, the county may: (78365)

(1) allow the United States to acquire the right-of-way and necessary dumping privileges through the United States' power of eminent domain; and (78366)

(2) lend the county's credit by guaranteeing the United States that the county will pay the resulting judgment or assessment of damages for the value of the condemned property. (78367)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78368)

Sec. 1475.003. AUTHORITY TO ISSUE BONDS AND IMPOSE TAXES. (78369)(1-click HTML)

To pay for an action authorized by Section 1475.002, a county may, on the approval of at least two-thirds of the qualified voters of the county who vote on the measure: (78370)

(1) issue bonds or warrants or otherwise lend its credit in addition to its other debt and in an amount not to exceed one-fourth of the taxable value of the real property in the county; and (78371)

(2) impose taxes to pay the interest on and to provide a sinking fund for the redemption of the debt. (78372)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78373)

Sec. 1475.004. ELECTION. (78374)(1-click HTML)

(a) The commissioners court of a county: (78375)

(1) may, on its own motion, order an election to determine whether the county will issue bonds or warrants or otherwise lend its credit to take an action under Section 1475.002; and (78376)

(2) shall order such an election if a petition signed by at least 25 of the resident owners of taxable property in the county that calls for the election is filed with the commissioners court. (78377)

(b) The election order must include as close a description as possible of: (78378)

(1) the proposed navigation purposes, aid to navigation, or right-of-way and necessary dumping privileges to be acquired; (78379)

(2) the amount of the proposed bonds or warrants or the extent of the credit proposed to be authorized for those purposes; (78380)

(3) if the commissioners court proposes to issue bonds or warrants, the maturity dates and rate of interest of the bonds or warrants; and (78381)

(4) if the commissioners court proposes to lend the credit of the county, the manner in which the credit is to be used and the terms of the credit to be authorized. (78382)

(c) Subject to Section 4.003(c), Election Code, the commissioners court shall give 20 days notice of the election: (78383)

(1) by publication in a newspaper published at the county seat; and (78384)

(2) by posting in three public places in the county, one of which must be at the county seat. (78385)

(d) The ballot shall be printed to permit voting for or against the proposition: "The issuance of bonds (or, if appropriate, 'the issuance of warrants' or 'the lending of credit') and the imposition of a tax in payment of the bonds (or, if appropriate, 'in payment of the warrants' or 'in payment of the lending of credit')." (78386)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78387)

Sec. 1475.005. DUTIES OF COMMISSIONERS COURT AFTER VOTER APPROVAL. (78388)(1-click HTML)

If the voters approve the proposition, the commissioners court shall enter in its minutes: (78389)

(1) the date of the election, the notice of the election, the ballot proposition, and the result of the election; and (78390)

(2) an order that, as appropriate: (78391)

(A) provides for the issuance of the bonds or warrants and states the amount, dates of maturity, and rate of interest of the bonds or warrants; or (78392)

(B) authorizes the use of the county's credit, specifies the extent to which the county will lend its credit, and specifies the manner by and conditions under which the county will lend its credit. (78393)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78394)

Sec. 1475.006. INVESTMENT OF SINKING FUND. (78395)(1-click HTML)

Money deposited to the credit of the sinking fund of bonds or warrants issued under this subchapter shall be invested as money deposited to the credit of the sinking funds of other county bonds is invested. (78396)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78397)

Sec. 1475.007. ISSUANCE OF BONDS AND WARRANTS; USE OF PROCEEDS. (78398)(1-click HTML)

(a) A bond or warrant issued under this subchapter shall be: (78399)

(1) issued in the name of the county; (78400)

(2) signed by the county judge; and (78401)

(3) attested by the county clerk under the seal of the commissioners court. (78402)

(b) The commissioners court shall sell the bond or warrant on the best terms possible. (78403)

(c) All money received from the sale of the bond or warrant shall be paid to the county treasurer. The county treasurer shall: (78404)

(1) deposit the money to the credit of the county's navigation fund account; and (78405)

(2) pay out the money on warrants in the manner that other county funds are disbursed. (78406)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78407)

SUBCHAPTER B. PROPERTY FOR INTRACOASTAL CANAL PURPOSES (78408)(1-click HTML)
Sec. 1475.051. APPLICABILITY OF SUBCHAPTER. (78409)(1-click HTML)

This subchapter applies only to a county adjacent to the Gulf of Mexico. (78410)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78411)

Sec. 1475.052. AUTHORITY TO ACQUIRE LAND AND CERTAIN INTERESTS IN LAND FOR CANAL PURPOSES. (78412)(1-click HTML)

(a) If the acquisition is necessary for the construction of an intracoastal canal, a county may, by purchase or by exercising the county's power of eminent domain, acquire public or private land, a right-of-way, an easement, or dumping ground privileges. (78413)

(b) The county must exercise the power of eminent domain in the manner provided by Chapter 21, Property Code. A county may not condemn land under Subsection (a) if the land is used for cemetery purposes. (78414)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78415)

Sec. 1475.053. AUTHORITY TO ISSUE TIME WARRANTS. (78416)(1-click HTML)

The commissioners court of a county may issue time warrants to pay for an acquisition under Section 1475.052. (78417)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78418)

Sec. 1475.054. APPLICABILITY OF OTHER LAWS TO CONDEMNATION PROCEEDINGS. (78419)(1-click HTML)

Sections 261.002 and 261.003, Local Government Code, apply to a condemnation proceeding brought under this subchapter. (78420)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78421)

Sec. 1475.055. EFFECT OF APPEAL. (78422)(1-click HTML)

An appeal from a finding and assessment of damages made as described by Chapter 21, Property Code, does not suspend work by the United States that relates to the property or property right sought to be acquired. (78423)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78424)

CHAPTER 1476. CERTIFICATES OF INDEBTEDNESS IN COUNTIES WITH POPULATION OF MORE THAN TWO MILLION (78425)(1-click HTML)
Sec. 1476.001. APPLICABILITY OF CHAPTER. (78426)(1-click HTML)

(a) This chapter applies only to a county with a population of more than two million. (78427)

(b) If certificates of indebtedness were not issued under this chapter by January 1, 1980, this chapter has no effect. (78428)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78429)

Amended by: (78430)

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 29, eff. September 1, 2011. (78431)

Sec. 1476.002. AUTHORITY TO ISSUE CERTIFICATES OF INDEBTEDNESS FOR CERTAIN PURPOSES. (78432)(1-click HTML)

A county may issue certificates of indebtedness: (78433)

(1) in an amount not to exceed $2 million to construct, enlarge, furnish, equip, or repair a county building or other permanent improvement; or (78434)

(2) in an amount not to exceed $3.5 million to: (78435)

(A) purchase right-of-way in participation with the Texas Department of Transportation in connection with a designated state highway; or (78436)

(B) construct a curb, gutter, or drainage facility for a designated state highway. (78437)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78438)

Sec. 1476.003. AUTHORIZATION OF CERTIFICATES OF INDEBTEDNESS BY COMMISSIONERS COURT. (78439)(1-click HTML)

Certificates of indebtedness issued under this chapter must be authorized by order of the commissioners court of the county. (78440)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78441)

Sec. 1476.004. EXECUTION; REGISTRATION BY COUNTY TREASURER. (78442)(1-click HTML)

A certificate of indebtedness issued under this chapter must be: (78443)

(1) signed by the county judge; (78444)

(2) attested by the county clerk; and (78445)

(3) registered by the county treasurer. (78446)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78447)

Sec. 1476.005. CASH SALE. (78448)(1-click HTML)

A county shall sell certificates of indebtedness issued under this chapter for cash. (78449)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78450)

Sec. 1476.006. MATURITY. (78451)(1-click HTML)

A certificate of indebtedness issued under this chapter must mature not later than 35 years after its date. (78452)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78453)

CHAPTER 1477. OBLIGATIONS FOR OTHER COUNTY PURPOSES (78454)(1-click HTML)
SUBCHAPTER A. BONDS FOR FACILITIES TO BE LEASED TO PUBLIC OR PRIVATE ENTITIES (78455)(1-click HTML)
Sec. 1477.001. AUTHORITY TO ACQUIRE PROPERTY FOR LEASE TO PUBLIC OR PRIVATE ENTITY. (78456)(1-click HTML)

(a) The commissioners court of a county may acquire real property and may construct or acquire a building or other facility for the purpose of leasing the real property, building, or other facility to: (78457)

(1) a political subdivision or state agency for public use; or (78458)

(2) an individual, private corporation, or other private entity for use in manufacturing or another commercial activity. (78459)

(b) The commissioners court may not acquire real property under Subsection (a) by eminent domain. (78460)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (78461)

Sec. 1477.002. AUTHORITY TO ISSUE BONDS. (78462)(1-click HTML)

To develop and diversify the economy of this state and eliminate unemployment or underemployment in this state under the authority granted by Section 52-a, Article III, Texas Constitution, the commissioners court may issue and sell bonds to finance an action taken under Section 1477.001. (78463)

  

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