2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle C - Water Development › Chapter 17 - Public Funding › Subchapter I. Revenue Bond Program › Section 17.859. Issuance of Revenue Bonds by the Board

Sec. 17.859.  ISSUANCE OF REVENUE BONDS BY THE BOARD.  (a)  The board may issue its revenue bonds for the purpose of providing money for the fund, and the money in the fund shall be used for acquiring interests in projects and for providing financial assistance to participants in accordance with this subchapter.
(b)  The board may issue revenue bonds to refund revenue bonds or bonds and obligations issued or incurred in accordance with other provisions of law, and in addition to the authority granted by this subsection, the board may issue refunding bonds under other applicable law.
(c)  The revenue bonds are special obligations of the board payable only from designated income and receipts of the board including principal of and interest paid and to be paid on acquired obligations, other designated obligations held by the board, or income from accounts created within the fund by the board, as determined by the board.
(d)  The revenue bonds do not constitute indebtedness of the state as prohibited by the constitution.
(e)  The board may require participants to make charges, levy taxes, or otherwise provide for sufficient money to pay acquired obligations.
(f)  Revenue bonds issued under this subchapter shall be authorized by resolution of the board and shall have the form and characteristics and bear the designations as are provided in the resolution.
(g)  Revenue bonds may:
(1)  bear interest at the rate or rates payable annually or otherwise;
(2)  be dated;
(3)  mature at the time or times, serially, as term, revenue bonds, or otherwise in not more than 50 years from their dates;  and
(4)  be callable before stated maturity on the terms and at the prices, be in the denominations, be in the form, either coupon or registered, carry registration privileges as to principal only or as to both principal and interest and as to successive exchange of coupon for registered bonds or one denomination for bonds of other denominations, and successive exchange of registered revenue bonds for coupon revenue bonds, be executed in the manner, and be payable at the place or places inside or outside the state, as provided by the resolution;
(5)  be issued in temporary or permanent form;
(6)  be issued in one or more installments and from time to time as required and sold at a price or prices and under terms determined by the board to be the most advantageous reasonably obtainable;  and
(7)  be issued on a parity with and be secured in the manner as other revenue bonds authorized to be issued by this subchapter or may be issued without parity and secured differently than other revenue bonds.
(h)  All proceedings relating to the issuance of revenue bonds issued pursuant to this subchapter shall be submitted to the attorney general for examination.  If the attorney general finds that the revenue bonds have been authorized in accordance with law, he shall approve the revenue bonds, and the revenue bonds shall be registered by the comptroller of public accounts.  After the approval and registration, the revenue bonds are incontestable in any court or other forum for any reason and are valid and binding obligations in accordance with their terms for all purposes.
(i)  The proceeds received from the sale of revenue bonds may be deposited or invested in any manner and in the obligations as may be specified in the resolution or other proceedings authorizing those obligations.  Money in the fund or accounts created by this subchapter or created in the resolution or other proceedings authorizing the revenue bonds may be invested in any manner and in any obligations as may be specified in the resolution or other proceedings.
Added by Acts 1987, 70th Leg., ch. 420, Sec. 3, eff. June 17, 1987.