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

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

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

Sec. 1205.043. PUBLICATION OF NOTICE. (74789)(Text)

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

(1) Travis County; (74791)

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

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

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

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

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

Sec. 1205.044. EFFECT OF PUBLICATION. (74797)(Text)

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

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

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

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

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

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

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

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

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

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

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

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

(b) The court may: (74811)

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

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

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

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

Sec. 1205.062. ANSWER OR INTERVENTION BY INTERESTED PARTIES. (74816)(Text)

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

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

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

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

Sec. 1205.063. DUTIES OF ATTORNEY GENERAL. (74821)(Text)

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

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

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

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

(1) state that belief; and (74826)

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

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

Sec. 1205.064. INSPECTION OF RECORDS OF ISSUER. (74829)(Text)

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

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

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