Tex. Gov't Code § 1431.004 · Chapter 1431. ANTICIPATION NOTES
USES OF ANTICIPATION NOTE PROCEEDS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An issuer, other than an eligible school district, may use the proceeds of an anticipation note to pay:
(1) a contractual obligation incurred or to be incurred for:
(A) the construction of a public work;
(B) the purchase of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for the issuer's authorized needs and purposes; or
(C) a professional service, including a service by a tax appraisal engineer, engineer, architect, attorney, mapmaker, auditor, financial advisor, or fiscal agent;
(2) operating or current expenses; or
(3) the issuer's cumulative cash flow deficit.
(b) The governing body of an eligible school district may use the proceeds of an anticipation note to pay an obligation incurred or to be incurred for:
(1) a purpose described by Subsection(a)(1)(C), (2), or (3); or
(2) the purchase of materials, supplies, equipment, or machinery for an issuer's authorized needs and purposes.
(c) For the purposes of this section, the cumulative cash flow deficit is the amount by which the sum of an issuer's anticipated expenditures and cash reserve reasonably required to pay unanticipated expenditures exceeds the amount of the issuer's cash, marketable securities, and money in an account that may be used to pay an issuer's anticipated expenditures, other than:
(1) money in an account the use of which is subject to legislative or judicial action or that is subject to a legislative, judicial, or contractual requirement that the account be reimbursed; or
(2) the proceeds of an anticipation note.
(d) For the purposes of Subsection (c), an amount equal to one month's anticipated expenditures is presumed to be reasonably required as a cash reserve.
(e) An issuer, other than an eligible school district, may use the proceeds of an anticipation note or other obligation issued under Section 1431.015:
(1) for purposes described by Subsection (a); or
(2) to pay for:
(A) employee salaries;
(B) the lease of materials, supplies, equipment, machinery, buildings, lands, and rights-of-way for the issuer's authorized needs and purposes;
(C) the demolition of dangerous structures or the restoration of historic structures;
(D) economic development grants made under Chapter 380, Local Government Code; or
(E) the accomplishment of any other purpose the issuer considers necessary in relation to preserving or protecting the public health and safety.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 227, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1183, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 929 (H.B. 3270), Sec. 1, eff. June 15, 2007.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.1431.htm
- Text hash
- sha256 cd736b20bb8b6050e6d19219a910ae93c2c3bb35859d94440830d4796d45ed53
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 6 provisions
Provisions in this library whose text cites Tex. Gov't Code § 1431.004. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 1431.006LIMITATION ON NOTES TO PAY EXPENSES.Printed as Section 1431.004(a)(2)
- Tex. Gov't Code § 1431.007GENERAL SOURCES OF PAYMENT.Printed as Section 1431.004(a)(1)
- Tex. Gov't Code § 1431.009MATURITY.Printed as Section 1431.004(a)(1) | Section 1431.004(a)(1)(C) | Section 1431.004(a)(2)
- Tex. Gov't Code § 1431.012RESTRICTION ON CERTAIN CONTRACTS PAYABLE FROM PROCEEDS OF NOTES.Printed as Section 1431.004(a)(1)(A)
- Tex. Gov't Code § 1431.014CERTAIN NOTES FOR RURAL ECONOMIC DEVELOPMENT.Printed as Section 1431.004(a)(1)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.