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Texas Agriculture Code - Section 74.129. Exemption From Lawsuits, Liability, Taxation, And Legal Process

Legal Research Home > Texas Lawyer > Agriculture Code > Texas Agriculture Code - Section 74.129. Exemption From Lawsuits, Liability, Taxation, And Legal Process

§ 74.129. EXEMPTION FROM LAWSUITS, LIABILITY, TAXATION, 
AND LEGAL PROCESS.  The legislature recognizes that the 
foundation, acting under the supervision and control of the 
commissioner, is carrying out an important governmental function 
and that therefore the foundation, as a quasi-governmental entity, 
must be immune from lawsuits and liability except to the extent 
provided in Chapter 101, Civil Practice and Remedies Code, and as 
provided by this section.  Therefore, no claims may be brought or 
continued against the foundation except:  (1) claims allowed by 
Chapter 101, Civil Practice and Remedies Code;  and (2) claims 
pending against the foundation on April 30, 1997, plus attorney's 
fees and costs of court.  With the exception of finally adjudicated 
claims arising from Chapter 101, Civil Practice and Remedies Code, 
and claims for assessments, attorney's fees, and costs of court 
paid by named plaintiffs in lawsuits pending on or before April 30, 
1997, all payments, contributions, funds, and assessments received 
or held by the foundation under this subchapter are exempt from 
garnishment, attachment, execution, or other seizure and from state 
and local taxation, levies, sales, and any other process and are 
unassignable.  Nothing in this section shall affect or impair any 
existing or future indebtedness or any existing or future security 
interest created under a note, security agreement, assignment, or 
other loan agreement between the foundation and a lender or any 
judgment, to the extent such judgment allows recovery against the 
foundation pursuant to a note, security agreement, loan agreement, 
or other document.

Added by Acts 1997, 75th Leg., ch. 463, § 1.25, eff. May 30, 
1997.       

Last modified: August 10, 2007