Texas Government Code Title 9, Chapter 1205 - Public Security Declaratory Judgment Actions

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1205.001 - Definitions
  In this chapter: (1) "Issuer" means an agency, authority, board, body politic, commission, department, district, instrumentality, municipality or other political subdivision, or public corporation of...

SUBCHAPTER B DECLARATORY JUDGMENT ACTION

• Texas Section 1205.002 - Conflict Or Inconsistency With Other Laws
  (a) To the extent of a conflict or inconsistency between this chapter and another law, this chapter controls. (b) This chapter does not prohibit an...
• Texas Section 1205.021 - Authority To Bring Action
  An issuer may bring an action under this chapter to obtain a declaratory judgment as to: (1) the authority of the issuer to issue the...
• Texas Section 1205.022 - Venue
  An issuer may bring an action under this chapter in a district court of Travis County or of the county in which the issuer has...
• Texas Section 1205.023 - Proceeding In Rem; Class Action
  An action under this chapter is: (1) a proceeding in rem; and (2) a class action binding on all persons who: (A) reside in the...
• Texas Section 1205.024 - Pleading Contents
  The petition in an action under this chapter must briefly set out, by allegation, reference, or exhibit: (1) the issuer's authority to issue the public...

SUBCHAPTER C NOTICE OF DECLARATORY JUDGMENT ACTION

• Texas Section 1205.025 - Time For Bringing Action; Pendency Of Other Proceedings
  An issuer may bring an action under this chapter: (1) concurrently with or after the use of another procedure to obtain a declaratory judgment, approval,...
• Texas Section 1205.041 - Notice To Interested Parties
  (a) The court in which an action under this chapter is brought shall, on receipt of the petition, immediately issue an order, in the form...
• Texas Section 1205.042 - Service Of Notice On Attorney General; Waiver Of Service
  (a) A copy of the issuer's petition with all attached exhibits and a copy of the order issued under Section 1205.041(a) shall be served on...
• Texas Section 1205.043 - Publication Of Notice
  (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...

SUBCHAPTER D TRIAL AND APPEAL PROCEEDINGS

• Texas Section 1205.044 - Effect Of Publication
  The effect of notice given under Sections 1205.041 and 1205.043 is that: (1) each person described by Section 1205.041(a) is a party to the action;...
• Texas Section 1205.061 - Court's Power To Enjoin Other Proceedings
  (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...
• Texas Section 1205.062 - Answer Or Intervention By Interested Parties
  A person described by Section 1205.041(a) may become a named party to an action brought under this chapter by: (1) filing an answer with the...
• Texas Section 1205.063 - Duties Of Attorney General
  (a) The attorney general shall examine a petition filed under Section 1205.021, and shall raise appropriate defenses if the attorney general believes that: (1) the...
• Texas Section 1205.064 - Inspection Of Records Of Issuer
  (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...
• Texas Section 1205.065 - Trial Of Action
  (a) The court shall with the least possible delay: (1) hear and determine each legal or factual question in the declaratory judgment action; and (2)...
• Texas Section 1205.066 - Court Costs And Other Expenses
  (a) An issuer that brings an action under this chapter shall pay costs of the action, except as provided by Subsection (b). (b) The court...
• Texas Section 1205.067 - Mileage And Travel Expenses Of Attorney General
  (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...
• Texas Section 1205.068 - Appeals
  (a) Any party to an action under this chapter may appeal to the appropriate court of appeals: (1) an order entered by the trial court...

SUBCHAPTER E SECURITY FOR ISSUER

• Texas Section 1205.069 - Legislative Continuances
  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...
• Texas Section 1205.101 - Security Against Suit
  (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...
• Texas Section 1205.102 - Standard For Granting Of Motion
  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...
• Texas Section 1205.103 - Amount Of Bond
  (a) The court that grants a motion under this subchapter as to a particular opposing party or intervenor shall in the order set the amount...
• Texas Section 1205.104 - Failure To File Bond
  (a) The court shall dismiss an opposing party or intervenor who does not file a required bond before the 11th day after the date of...

SUBCHAPTER F EFFECT OF DECLARATORY JUDGMENT

• Texas Section 1205.105 - Appeal
  (a) An order setting the amount of a bond denying the motion of an issuer for a bond, or dismissing a party for failure to...
• Texas Section 1205.151 - Effect Of Judgment
  (a) This section applies to a final judgment of a district court in an action under this chapter that holds that: (1) the issuer had...
• Texas Section 1205.152 - Statement On Validated Public Security
  (a) The issuer of a public security validated under this chapter may have written on the public security the following certificate: "This obligation was validated...

Last modified: September 28, 2016