Texas Health And Safety Code Title 5, Chapter 383 - Clean Air Financing Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 383.001 - Short Title
  This chapter may be cited as the Clean Air Financing Act. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
• Texas Section 383.002 - Policy And Purpose
  (a) The policy of the state and the purpose of this chapter are to: (1) safeguard state air resources from emissions of air contaminants and...
• Texas Section 383.003 - Definitions
  In this chapter: (1) "Air contaminant" has the meaning assigned by Section 382.003 (Texas Clean Air Act). (2) "Air pollution" has the meaning assigned by...
• Texas Section 383.004 - Certification Of Control Facility By Commission
  The commission may prescribe necessary criteria and procedures for certifying a control facility and may limit certification to confirmation that a proposed facility is intended...
• Texas Section 383.005 - Adoption Of Alternate Procedure
  If a court holds that a procedure under this chapter violates the United States Constitution or Texas Constitution, an issuer by resolution may provide an...

SUBCHAPTER B OPERATION OF CONTROL FACILITY

• Texas Section 383.006 - Effect Of Chapter On Other Law
  (a) This chapter does not limit the authority of the commission, a district, or a local government in performing a power or duty provided by...
• Texas Section 383.011 - Authority To Acquire And Transfer Property
  (a) An issuer may acquire, construct, and improve a control facility and may acquire real property as the issuer considers appropriate for the control facility....
• Texas Section 383.012 - Location Of Control Facility
  (a) A control facility may be located on the property of any person. (b) A control facility of a municipality must be located in whole...
• Texas Section 383.013 - Contracts
  (a) A lease or other contract entered into under this chapter may be for the term agreed to by the parties. The lease or other...
• Texas Section 383.014 - Cost Of Certain Required Alterations
  The relocation, raising, lowering, rerouting, changing of grade, or altering of construction of a highway, railroad, electric transmission line, telegraph or telephone property or facility,...

SUBCHAPTER C BONDS

• Texas Section 383.015 - Taxation
  (a) An issuer is not required to pay a tax or other assessment on a control facility or part of a control facility. (b) Bonds...
• Texas Section 383.021 - Authority To Issue
  (a) An issuer may issue negotiable bonds, payable from revenues of the issuer, to pay costs related to the acquisition, construction, or improvement of a...
• Texas Section 383.022 - Form And Procedure
  (a) Bonds under this chapter must be authorized by resolution. The bonds must: (1) be signed by the presiding officer or assistant presiding officer of...
• Texas Section 383.023 - Terms
  Bonds issued under this chapter must mature serially or otherwise not more than 40 years after they are issued. The bonds may: (1) bear interest...
• Texas Section 383.024 - Approval And Registration
  (a) An issuer shall submit bonds that have been authorized by its governing body, including refunding bonds and the record relating to the bond issuance,...
• Texas Section 383.025 - Pledge Of Revenue As Security; Election
  (a) An issuer's bonds may be secured, as specified by the resolution or a security agreement, by a pledge of all or part of the...
• Texas Section 383.026 - Pledge Of Other Utility Revenue; Election
  (a) In addition to the security under Section 383.025, a municipality's or county's bonds may be secured, as specified by the resolution or a security...
• Texas Section 383.027 - Security May Apply To Additional Bonds
  A pledge under Section 383.025 or 383.026 may reserve the right, under conditions specified by the pledge, to issue additional bonds to be on a...
• Texas Section 383.028 - Trusts As Security
  (a) The governing body may additionally secure bonds, including refunding bonds, by a trust indenture under which the trustee may be a bank having trust...
• Texas Section 383.029 - Other Security
  (a) The bonds may be additionally secured by a mortgage, deed of trust lien, or security interest in a designated control facility of the governing...
• Texas Section 383.030 - Action By Bondholders
  (a) The resolution or a security agreement may provide that on default in the payment of principal of or interest on the bonds, or threatened...
• Texas Section 383.031 - Investment And Use Of Proceeds
  (a) The governing body may set aside amounts from the proceeds of the sale of bonds for payment into an interest and sinking fund and...
• Texas Section 383.032 - Refunding Bonds
  (a) A governing body may issue refunding bonds to refund the principal of, interest on, and any redemption premium applicable to outstanding bonds. The refunding...
• Texas Section 383.033 - Legal Investments; Security For Deposits
  (a) Bonds issued under this chapter are legal and authorized investments for: (1) a bank; (2) a savings bank; (3) a trust company; (4) a...
• Texas Section 383.034 - Bonds Not General Obligation
  The bonds are special obligations payable solely from revenues pledged to their payment and are not general obligations of the governing body, the issuer, or...

Last modified: September 28, 2016