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

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

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

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

Sec. 1205.065. TRIAL OF ACTION. (74835)(Text)

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

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

(2) render a final judgment. (74838)

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

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

Sec. 1205.066. COURT COSTS AND OTHER EXPENSES. (74841)(Text)

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

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

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

Sec. 1205.067. MILEAGE AND TRAVEL EXPENSES OF ATTORNEY GENERAL. (74845)(Text)

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

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

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

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

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

Sec. 1205.068. APPEALS. (74851)(Text)

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

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

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

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

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

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

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

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

Sec. 1205.069. LEGISLATIVE CONTINUANCES. (74860)(Text)

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

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

SUBCHAPTER E. SECURITY FOR ISSUER (74863)(Text)
Sec. 1205.101. SECURITY AGAINST SUIT. (74864)(Text)

(a) Before the entry of final judgment in an action under this chapter, the issuer may file a motion with the court for an order that any opposing party or intervenor, other than the attorney general, be dismissed unless that person posts a bond with sufficient surety, approved by the court, and payable to the issuer for any damage or cost that may occur because of the delay caused by the continued participation of the opposing party or intervenor in the action if the issuer finally prevails and obtains substantially the judgment requested in its petition. (74865)

(b) On receipt of a motion under Subsection (a), the court shall issue an order directed to the opposing party or intervenor, with a copy of the motion, to be served on the opposing party, the intervenor, or the party's attorney, personally or by registered mail, requiring the opposing party or intervenor to: (74866)

(1) appear at the time and place directed by the court, not sooner than five nor later than 10 days after the date the order is entered; and (74867)

(2) show cause why the motion should not be granted. (74868)

(c) The court may direct that motions relating to more than one party or intervenor be heard together. (74869)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74870)

Sec. 1205.102. STANDARD FOR GRANTING OF MOTION. (74871)(Text)

The court shall grant an issuer's motion for security under Section 1205.101 unless, at the hearing on the motion, the opposing party or intervenor establishes that the person is entitled to a temporary injunction against the issuance of the public securities. (74872)

Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. (74873)

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