Tex. Gov't Code § 489.255 · Subchapter E. TEXAS SMALL AND RURAL COMMUNITY SUCCESS FUND
AGREEMENTS IN BONDS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A resolution of the executive director of the office that authorizes bonds to be issued under Section 489.253 or a security agreement, including a related indenture or trust indenture, may contain any agreements and provisions customarily contained in instruments securing bonds, including provisions respecting the fixing and collection of obligations, the creation and maintenance of special funds, and the rights and remedies available, in the event of default to the holders of the bonds or to the trustee under the security agreement, all as the bank considers advisable and consistent with this subchapter. However, in making such an agreement or provision, the bank may not incur:
(1) a pecuniary liability of this state, the office, or the bank; or
(2) a charge against the general credit of this state, the office, or the bank, or against the taxing powers of this state.
(b) The resolution of the executive director of the office authorizing the issuance of the bonds and a security agreement securing the bonds may provide that, in the event of default in payment of the principal of or interest on the bonds or in the performance of an agreement contained in the proceedings or security agreement, the payment and performance may be enforced as provided by Sections 403.055 and 403.0551, by mandamus, or by the appointment of a receiver in equity with power to charge and collect bonds and to apply revenues pledged according to the proceedings or the provisions of the security agreement. A security agreement may provide that, in the event of default in payment or the violation of an agreement contained in the security agreement, a trustee under the security agreement may enforce the bondholder's rights by mandamus or other proceedings at law or in equity to obtain any relief permitted by law, including the right to collect and receive any revenue used to secure the bonds.
(c) A breach of a resolution of the executive director of the office adopted under Section 489.253, a breach of an agreement made under this section, or a default under bonds issued under this subchapter does not constitute:
(1) a pecuniary liability of this state, the office, or the bank; or
(2) a charge against the general credit of this state, the office, or the bank, or against the taxing power of this state.
(d) The trustee or trustees under a security agreement or a depository specified by the security agreement may be any person that the bank designates, regardless of whether the person is a resident of this state or incorporated under the laws of the United States or any state.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 947 (S.B. 1465), Sec. 1, eff. June 18, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.489.htm
- Text hash
- sha256 84bcc2448b4f8bfc981b92f87b9abceecfb1859d381ad15059a47fd6474b0769
- 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.
Government Code
- Tex. Gov't Code § 403.055PAYMENTS TO DEBTORS OR DELINQUENTS PROHIBITED.Printed as Sections 403.055 and 403.0551
- Tex. Gov't Code § 403.0551DEDUCTIONS FOR REPAYMENT OF CERTAIN DEBTS OR TAX DELINQUENCIES.Printed as Sections 403.055 and 403.0551
- Tex. Gov't Code § 489.253REVENUE-BASED BONDS AUTHORIZED.Printed as Section 489.253
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.