reglab/statecodes huggingface dataset:
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7853. Construction Contracts

If the district improvements are not carried out by the United States, the contracts for such improvements shall be let by the directors to the lowest and best responsible bidder.  If more than one improvement is to be made, the contract may be let separately for each, or one contract for all such improvements.  These rules shall govern the letting of such contracts:  1. Bids shall be called for by advertising the same in one or more newspapers of general circulation in Texas, once a week for four consecutive weeks, and by posting notices for at least thirty days at the courthouse door of the counties in the district and four other notices in each county.  2. Any person, firm, or corporation desiring to bid on the construction of any work so advertised, upon application to the district secretary, shall be supplied with the surveys and plans for said work.  All bids shall be in writing and sealed and delivered to the president or district secretary, together with a certified check for two per cent of the total amount bid.  Such deposit shall be forfeited to the district in case the bidder refuses to enter into a proper contract and make the necessary bond, if his bid is accepted or returned to the bidder if his bid is rejected.  Any bid may be rejected at the discretion of the directors.  3. Each contractor shall give bond payable to the district in such amount as may be determined by the directors, not to exceed the contract price, and not less than fifty per cent thereof, conditioned that he will faithfully perform the obligations, agreements and covenants of such contract, and that in default thereof, he will pay to said district all damages sustained by reason thereof;  and such other conditions as may be required by law of contractors for public work.  Said bond shall be approved by the directors.  4. All contracts shall be in writing and signed by the contractors and president of the directors and attested by the district secretary.  A copy of same shall be filed with the clerk of the county in which the largest portion of such district is situated.
Acts 1918, 35th Leg., 4th C.S., p. 95.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7854. Supervision of Work

All work contracted for, unless done under Federal supervision, shall be done under the supervision of the district engineer.  When the work is completed according to the contract, he shall make a detailed report of same to the directors, showing whether the contract has been fully complied with according to its terms, and if not, in what particular it has not been so complied with.  The directors shall not be bound by such report, but may in addition thereto fully investigate such work and determine whether or not such contract has been complied with;  and while such work is in progress, they shall inspect the same.
Acts 1918, 35th Leg., 4th C.S., p. 95.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7855. Contract: Payment

(a)  The District shall pay the contract price of such contracts as hereinafter provided:
(b) The directors shall draw a voucher on the District depository for the amount of any payments in favor of the contractor or his assignee.  Said vouchers shall be paid out of the Construction and Maintenance Fund.  The District will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the district engineer, on estimates approved by the district engineer.  If requested by the district engineer, the contractor shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments.  In the preparation of estimates the district engineer, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration.  Material delivered to the contractor at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the contractor furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract.
(c) In making such progress payments, there shall be retained 10 percent of the estimated amount until final completion and acceptance of the contract work.  However, if the directors, at any time after 50 percent of the work has been completed, find that satisfactory progress is being made, they may authorize any of the remaining progress payments to be made in full.  Also, whenever the work is substantially complete, the directors, if they consider the amount retained to be in excess of the amount adequate for the protection of the district, at their discretion, may release to the contractor all or a portion of such excess amount.  Furthermore, on completion and acceptance of each separate project, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made therefor without retention of a percentage.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43;  Acts 1971, 62nd Leg., p. 2775, ch. 899, Sec. 1, eff. June 14, 1971.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7856. Maintenance of District

After the full and final completion of all improvements of the district, and after payment of all expenses incurred under this chapter, the directors are authorized to use the funds remaining in the Construction and Maintenance Fund for the best interest of such district in the preservation, upkeep, repair and reconstruction of the works of such district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7857. Joint Project

Two or more districts may by contract join in the construction of any improvement and enter upon any work authorized hereunder, as a joint project, when in the judgment of the directors of each district, such improvement, work or construction will be advantageous to the respective districts.  Such contract shall stipulate the pro rata amount to be paid by each district for such project to provide for its maintenance, repair and reconstruction, and shall be executed by the directors.  Such project may be undertaken regardless of the location of the proposed work.  Such contract may be enforced and specific performance compelled by any court of competent jurisdiction.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7858. Joint Action

When improvements are constructed by two or more districts, bids may be jointly called for and opened and considered at the designated office of either district, and the directors of such districts shall approve the letting of the contract and contractor's bond, and may meet and transact all business for that or any other purpose concerning such project at a place outside the district, or at any office established for such joint project.  All bids, bonds, contracts, etc., of said project shall be in the name of said districts, which are empowered to do all acts by joint action that one district may do, the action of each district being determined by its directors.  A general manager, who may be a director of either district, may be employed for such project, whose duties may be set forth in the joint ownership contract.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7859. Issuance of Bonds

Immediately after their organization, the directors shall enter an order directing the issuance of bonds for such district within the limits authorized by the election held therefor, sufficient to cover the cost of the proposed improvements, all of the expenses incident thereto, and the expenses necessarily incurred in connection with the creation and establishment of the district;  and they shall levy a tax upon all property subject to taxation in the district, sufficient to pay the interest on such bonds, with an amount to be placed in the sinking fund sufficient to redeem said bonds at maturity, and such levy shall remain as a levy for such purpose until a new levy is made.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7860. Bonds: Requisites

All bonds issued under this chapter shall be governed by the provisions of Chapter 2 of this title governing the issuance, denomination, rate of interest, maturity dates, manner of payment, proceedings to test validity, and registration by the Comptroller, of bonds of water improvement districts.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7861. Bonds: Limit of Issue

Said bonds shall not exceed in amount one-fourth of the assessed valuation of the real property of such district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43;  Acts 1979, 66th Leg., p. 2317, ch. 841, Sec. 4(i), eff. Jan. 1, 1982.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7862. Bonds: Record

The directors shall provide a well bound book in which a record shall be kept by the clerk of the county in which the largest portion of said district is situated, of all bonds issued with their numbers, amounts, rate of interest, date of issue, when due, where payable, the annual rate of tax levy made each year to provide for interest and sinking fund, and of each payment made thereon.  The district secretary shall furnish said clerk a certified copy of all orders made in connection with the issuance and levy and assessment of taxes for the payment of interest and creating a sinking fund.  Said record shall be at all times open to the inspection of all parties interested in said district, either as taxpayers or bondholders.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7863. Change in Plans

If after an election has been held for the issuance of bonds, the directors shall consider it necessary to make any modification or change in any proposed improvements, they shall, with the concurrence of all the directors, be authorized to make such change.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7864. Additional Bonds

If the directors shall determine to make additional improvements, works or construction in order to carry out the purposes for which said district was organized, or to reconstruct any improvements theretofore made, and the amount derived from the bonds issued or authorized is not sufficient, a resolution to that effect shall be duly entered upon the minutes of the board, and a certified copy thereof presented to each commissioners court in the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7865. Resolution

Said resolution shall set forth the proposed work, the amount of bonds to be issued to pay for same, their rate of interest and maturity dates, and shall embody therein a request to the commissioners court or courts to order an election in such counties to vote on such propositions and whether or not a tax shall be levied to provide for the interest and sinking fund for such bonds at a day specified in the resolution.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7866. Additional Bonds: Requisites

The commissioners court must, on receipt of such resolution, order an election on the day specified therein.  Notice of such election shall be given, returns made, result declared, orders entered, tax levied, certified, assessed and collected, and all other matters applicable shall be performed in the same manner as herein provided in case of elections for original bonds.  All provisions as to the issuance, approval, validation, registration, recordation and sale of original bonds shall be applicable to such additional bonds.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7867. Additional Bonds: Ballot

The ballot for such election shall have printed thereon the words and none other:  "For the issuance of additional Water Control and Preservation Bonds and levy of tax in payment thereof;"  "Against the issuance of additional Water Control and Preservation Bonds and levy of tax in payment thereof."
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7868. Bonds: Sale

After registration of said bonds by the Comptroller, the directors shall sell the same on the best terms and for the best price possible, not less than their face value and the accrued interest thereon;  or they may exchange bonds in payment of the contract price for work to be done for the use and benefit of said district.  All moneys received from the sale of bonds shall be forthwith paid to the district depository.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7869. Construction and Maintenance Fund

There is hereby created a "Construction and Maintenance Fund" of such district, which shall consist of all moneys received from the sale of bonds and all other amounts received by said district from whatsoever source, except the tax collections applied to the interest and sinking fund on bonds.  All expenses of any kind prior to and after the filing of the original petition necessarily incurred in connection with the creation, establishment and maintenance of any district, and improvements, repairs, cost of maintenance, salaries of all officers and employ%21es, and all expenditures for any purposes of the district shall be paid out of such fund.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7870. Tax Levy

The directors shall annually levy and cause to be assessed taxes upon all property within said district sufficient to pay the expenses of assessing and collecting same, and a tax sufficient for the expenses incident to the maintenance of the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43;  Acts 1979, 66th Leg., p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7871. Assessment and Collection of Taxes

The county tax assessor-collector shall assess and collect the taxes levied by the district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 32;  Acts 1979, 66th Leg., p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7877. Maintenance Tax

The directors shall have authority as occasion may require, in their discretion, to levy a tax on all property within such district in an amount sufficient to pay for the proper maintenance, operation and repair of any dams, bulkheads, jetties, locks, gates or any other improvement constructed by said district.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43;  Acts 1979, 66th Leg., p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7879. Interest and Sinking Fund

There is hereby created an "Interest and Sinking Fund" for such district, and all taxes collected under this chapter for the payment of bonds and interest thereon shall be credited to such fund and shall never be paid out except for the purpose of satisfying and discharging the interest on said bonds, or for the payment, cancellation and surrender of said bonds.  At the time of such payment, the depository shall receive and cancel any interest coupon so paid or any bond so satisfied or discharged, and when such coupon or bond shall be turned over to the directors, the account of such depository shall be credited with the amount thereof, and such coupon or bond shall be cancelled and destroyed.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43;  Acts 1979, 66th Leg., p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 3 - Water Control and Preservation Districts › Article 7880. May Invest Sinking Fund

The directors are empowered, whenever they deem it advisable, to invest any sinking fund of the district in bonds of the United States, of this State, of any county of Texas, any irrigation or water improvement or navigation bonds, or bonds of any school district in Texas authorized to issue bonds.  No bonds shall be so purchased whose terms provide for their maturity at a date subsequent to the time of the maturity of the bonds for the payment of which such sinking fund was created.
Acts 1918, 35th Leg., 4th C.S., p. 74, ch. 43;  Acts 1979, 66th Leg., p. 2317, ch. 841, Sec. 4(j), eff. Jan. 1, 1982.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 2. Purpose

Sec. 2. PURPOSE.  The State of Texas recognizes the personal hardships and economic distress caused by flood disasters since it has become uneconomic for the private insurance industry alone to make flood insurance available to those in need of such protection on reasonable terms and conditions.  Recognizing the burden of the nation's resources, Congress enacted the National Flood Insurance Act of 1968, Title 42, United States Code, Section 4001-4127, whereby flood insurance can be made available through coordinated efforts of the Federal Government and the private insurance industry, by pooling risks, and the positive cooperation of state and local government.  The purpose of this Act is to evidence a positive interest in securing flood insurance coverage under this Federal program, and to so procure for those citizens of Texas desiring to participate;  and the promoting of public interest by providing appropriate protection against the perils of flood losses and encouraging sound land use by minimizing exposure of property to flood losses.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 3. Definitions

Sec. 3. DEFINITIONS.  For the purpose of this Act the term:
(a) "Board" means the Texas Water Development Board.
(b) "Political Subdivision" means any political subdivision or body politic and corporate of the State of Texas, and includes any county, river authority, conservation and reclamation district, water control and improvement district, water improvement district, water control and preservation district, fresh water supply district, irrigation district, and any type of district heretofore or hereafter created or organized or authorized to be created or organized pursuant to the provisions of Article XVI, Section 59 or Article III, Section 52 of the Constitution of the State of Texas;  "political subdivision" also means any interstate compact commission to which the State of Texas is a party, municipal corporation or city whether operating under the Home Rule Amendment of the Constitution or under the General Law.
(c) "National Flood Insurance Act" means the United States Congressional Enactment, Title 42, United States Code, Sections 4001-4127, and the implementation and administration of the Act by the Secretary of the United States Department of Housing and Urban Development.
(d) "Secretary" means the Secretary of the United States Department of Housing and Urban Development.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 4. Cooperation of Texas Water Development Board

Sec. 4. COOPERATION OF TEXAS WATER DEVELOPMENT BOARD.  In recognition of the necessity for a coordinated effort at all levels of government, the Texas Water Development Board shall cooperate with the Federal Insurance Administrator of the United States Department of Housing and Urban Development in the planning and carrying out of state participation in the National Flood Insurance Program;  provided, however, that the responsibility for qualifying for the National Flood Insurance Program shall belong to any interested political subdivision, whether presently in existence or created in the future.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 5. Political Subdivisions; Compliance With Federal Requirements

Sec. 5. POLITICAL SUBDIVISIONS;  COMPLIANCE WITH FEDERAL REQUIREMENTS.  All political subdivisions are hereby authorized to take all necessary and reasonable actions to comply with the requirements and criteria of the National Flood Insurance Program including but not limited to:
(1) Making appropriate land use adjustments to constrict the development of land which is exposed to flood damage and minimize damage caused by flood losses;
(2) Guiding the development of proposed future construction, where practicable, away from location which is threatened by flood hazards;
(3) Assisting in minimizing damage caused by floods;
(4) Authorizing and engaging in continuing studies of flood hazards in order to facilitate a constant reappraisal of the flood insurance program and its effect on land use requirements;
(5) Engaging in flood plan management and adopting enforcing permanent land use and control measures consistent with the criteria established under the National Flood Insurance Act;
(6) Declaring property, when such is the case, to be in violation of local laws, regulations or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas, and notifying the Secretary, or whomever he designates, of such property;
(7) Consulting with, giving information to and entering into agreements with the Department of Housing and Urban Development for the purpose of
(a) Identifying and publishing information with respect to all flood areas, including coastal areas, and
(b) Establishing flood-risk zones in all such areas, and make estimates with respect to the rates of probable flood-caused loss for the various flood-risk zones for each of these areas;
(8) Cooperating with the Secretary's studies and investigations with respect to the adequacy of local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention;
(9) Taking steps to improve the long-range management and use of flood-prone areas;
(10) Purchasing, leasing and receiving property from the Secretary, when such property is owned by the Federal Government and lies within the boundaries of the political subdivision, pursuant to agreements with the Department of Housing and Urban Development or other appropriate legal representative of the United States Government;
(11) Requesting aid pursuant to the entire authorization above from the Texas Water Development Board;
(12) Satisfying criteria adopted and promulgated by the Department pursuant to the National Flood Insurance Program;  and
(13) Adopting permanent land use and control measures with enforcement provisions which are consistent with the criteria for land management and use adopted by the Secretary.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 6. Coordination of Local, State and Federal Programs by Texas Water Development Board

Sec. 6. COORDINATION OF LOCAL, STATE AND FEDERAL PROGRAMS BY TEXAS WATER DEVELOPMENT BOARD.    (a)  The Texas Water Development Board shall aid, advise and coordinate the efforts of present and future political subdivisions endeavoring to qualify for participation in the National Flood Insurance Program.
(b) Pursuant to the National Flood Insurance Program and state and local efforts complimenting  such Program, the Board shall aid, advise and co-operate with political subdivisions, the State Board of Insurance, and the United States Department of Housing and Urban Development when such aid, advice and cooperation are requested or deemed advisable by the Board.
(c) The aforementioned aid may include but is not necessarily limited to:
(1) Coordinating local, state and federal programs relating to floods, flood losses, and flood plain management;
(2) Evaluating the present structure of all federal, state, and political subdivision flood control programs, within or adjacent to the state, including an assessment of the extent to which public and private flood plain management activities have been instituted;
(3) Carrying out studies with respect to the adequacy of present public and private measures, laws, regulations, and ordinances in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention;
(4) Evaluating all available engineering, hydrologic and geologic data relevant to flood-prone areas and flood control in those areas;  and
(5) Carrying out flood plain studies and mapping programs of flood plains, flood-prone areas and flood-risk zones.
(d) On the basis of such studies and evaluations, the Board, to the extent of its capabilities, shall periodically identify and publish information and maps with respect to all flood plain areas including the states' coastal area, which have flood hazards, and where possible, aid the Federal Government in identifying and establishing flood-risk zones in all such areas.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 7. Cooperation of State Board of Insurance

Sec. 7. COOPERATION OF STATE BOARD OF INSURANCE.  Pursuant to the National Flood Insurance Program, the State Board of Insurance shall aid, advise and cooperate with political subdivisions, the Texas Water Development Board and the United States Department of Housing and Urban Development when such aid, advice and cooperation are requested or deemed advisable by the State Board of Insurance.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 8. Rules and Regulations

Sec. 8. RULES AND REGULATIONS.  Political subdivisions which qualify for the National Flood Insurance Program, the State Board of Insurance, and the Texas Water Development Board may adopt and promulgate reasonable rules and regulations which are necessary for the orderly effectuation of the respective authorizations herein.
2023 Texas Statutes › Auxiliary Water Laws › Chapter 11 - In General › Article 8280-13. Flood Insurance; Participation in Federal Program by Political Subdivisions › Section 9.

Sec. 9. Repealed by Acts 1977, 65th Leg., 1st C.S., p. 58, ch. 4, Sec. 4, eff. Sept. 1, 1977.
Acts 1969, 61st Leg., p. 2313, ch. 782, eff. Sept. 1, 1969.  Sec. 9 amended by Acts 1977, 65th Leg., 1st C.S., p. 58, ch. 4, Sec. 1, eff. July 22, 1977;  amended by Acts 1977, 65th Leg., 1st C.S., p. 58, ch. 4, Sec. 4, eff. Sept. 1, 1977.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.101. Short Titles

Sec. 1.101.  SHORT TITLES.  (a)  This title may be cited as the Uniform Commercial Code.
(b)  This chapter may be cited as Uniform Commercial Code--General Provisions.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.102. Scope of Chapter

Sec. 1.102.  SCOPE OF CHAPTER.  This chapter applies to a transaction to the extent that it is governed by another chapter of this title.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.103. Construction of Title to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law

Sec. 1.103.  CONSTRUCTION OF TITLE TO PROMOTE ITS PURPOSES AND POLICIES;  APPLICABILITY OF SUPPLEMENTAL PRINCIPLES OF LAW.  (a)  This title must be liberally construed and applied to promote its underlying purposes and policies, which are:
(1)  to simplify, clarify and modernize the law governing commercial transactions;
(2)  to permit the continued expansion of commercial practices through custom, usage and agreement of the parties;  and
(3)  to make uniform the law among the various jurisdictions.
(b)  Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause shall supplement its provisions.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.104. Construction Against Implied Repeal

Sec. 1.104.  CONSTRUCTION AGAINST IMPLIED REPEAL.  This title being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.105. Severability

Sec. 1.105.  SEVERABILITY.  If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.106. Use of Singular and Plural; Gender

Sec. 1.106.  USE OF SINGULAR AND PLURAL;  GENDER.  In this title, unless the statutory context otherwise requires:
(1)  words in the singular number include the plural, and those in the plural include the singular;  and
(2)  words of any gender also refer to any other gender.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.107. Section Captions

Sec. 1.107.  SECTION CAPTIONS.  Section captions are parts of this title.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.108. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 1.108.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This title modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter A. General Provisions › Section 1.109. Preemption

Sec. 1.109.  PREEMPTION.  Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.  An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter B. General Definitions and Principles of Interpretation › Section 1.202. Notice; Knowledge

Sec. 1.202.  NOTICE;  KNOWLEDGE.  (a)  Subject to Subsection (f), a person has "notice" of a fact if the person:
(1)  has actual knowledge of it;
(2)  has received a notice or notification of it;  or
(3)  from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.
(b)  "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.
(c)  "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.
(d)  A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.
(e)  Subject to Subsection (f), a person "receives" a notice or notification when:
(1)  it comes to that person's attention;  or
(2)  it is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.
(f)  Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence.  An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines.  Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter B. General Definitions and Principles of Interpretation › Section 1.204. Value

Sec. 1.204.  VALUE.  Except as otherwise provided in Chapters 3, 4, and 5, a person gives value for rights if the person acquires them:
(1)  in return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge-back is provided for in the event of difficulties in collection;
(2)  as security for, or in total or partial satisfaction of, a preexisting claim;
(3)  by accepting delivery under a preexisting contract for purchase;  or
(4)  in return for any consideration sufficient to support a simple contract.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter B. General Definitions and Principles of Interpretation › Section 1.205. Reasonable Time; Seasonableness

Sec. 1.205.  REASONABLE TIME;  SEASONABLENESS.  (a)  Whether a time for taking an action required by this title is reasonable depends on the nature, purpose, and circumstances of the action.
(b)  An action is taken seasonably if it is taken at or within the time agreed or, if no time is agreed, at or within a reasonable time.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter B. General Definitions and Principles of Interpretation › Section 1.206. Presumptions

Sec. 1.206.  PRESUMPTIONS.  Whenever this title creates a "presumption" with respect to a fact, or provides that a fact is "presumed," the trier of fact must find the existence of the fact unless and until evidence is introduced that supports a finding of its nonexistence.
Amended by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.301. Territorial Application of the Title; Parties' Power to Choose Applicable Law

Sec. 1.301.  TERRITORIAL APPLICATION OF THE TITLE;  PARTIES' POWER TO CHOOSE APPLICABLE LAW.  (a)  Except as provided hereafter in this section, when a transaction bears a reasonable relation to this state and also to another state or nation the parties may agree that the law either of this state or of such other state or nation shall govern their rights and duties.  Failing such agreement this title applies to transactions bearing an appropriate relation to this state.
(b)  Where one of the following provisions of this title specifies the applicable law, that provision governs and a contrary agreement is effective only to the extent permitted by the law (including the conflict of laws rules) so specified:
Rights of creditors against sold goods.  Section 2.402.
Applicability of the chapter on Leases.  Sections 2A.105 and 2A.106.
Applicability of the chapter on Bank Deposits and Collections.  Section 4.102.
Governing law in the chapter on Funds Transfers.  Section 4A.507.
Letters of Credit.  Section 5.116.
Applicability of the chapter on Investment Securities.  Section 8.110.
Law governing perfection, the effect of perfection or nonperfection, and the priority of security interests and agricultural liens.  Sections 9.301-9.307.
(c)  If a transaction that is subject to this title is a "qualified transaction," as defined in Section 271.001, then except as provided in Subsection (b) of this section, Chapter 271 governs the effect of an agreement by the parties that the law of a particular jurisdiction governs an issue relating to the transaction or that the law of a particular jurisdiction governs the interpretation or construction of an agreement relating to the transaction or a provision of the agreement.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.02, eff. April 1, 2009.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.302. Variation by Agreement

Sec. 1.302.  VARIATION BY AGREEMENT.  (a)  Except as otherwise provided in Subsection (b) or elsewhere in this title, the effect of provisions of this title may be varied by agreement.
(b)  The obligations of good faith, diligence, reasonableness, and care prescribed by this title may not be disclaimed by agreement.  The parties, by agreement, may determine the standards by which the performance of those obligations is to be measured if those standards are not manifestly unreasonable.  Whenever this title requires an action to be taken within a reasonable time, a time that is not manifestly unreasonable may be fixed by agreement.
(c)  The presence in certain provisions of this title of the phrase "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement under this section.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.303. Course of Performance, Course of Dealing, and Usage of Trade

Sec. 1.303.  COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE.  (a)  A "course of performance" is a sequence of conduct between the parties to a particular transaction that exists if:
(1)  the agreement of the parties with respect to the transaction involves repeated occasions for performance by a party;  and
(2)  the other party, with knowledge of the nature of the performance and opportunity for objection to it, accepts the performance or acquiesces in it without objection.
(b)  A course of dealing is a sequence of conduct concerning previous transactions between the parties to a particular transaction that is fairly to be regarded as establishing a common basis of understanding for interpreting their expressions and other conduct.
(c)  A "usage of trade" is any practice or method of dealing having such regularity of observance in a place, vocation, or trade as to justify an expectation that it will be observed with respect to the transaction in question.  The existence and scope of such a usage must be proved as facts.  If it is established that such a usage is embodied in a trade code or similar record, the interpretation of the record is a question of law.
(d)  A course of performance or course of dealing between the parties or usage of trade in the vocation or trade in which they are engaged or of which they are or should be aware is relevant in ascertaining the meaning of the parties' agreement, may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement.  A usage of trade applicable in the place in which part of the performance under the agreement is to occur may be so utilized as to that part of the performance.
(e)  Except as otherwise provided in Subsection (f), the express terms of an agreement and any applicable course of performance, course of dealing, or usage of trade must be construed whenever reasonable as consistent with each other.  If such a construction is unreasonable:
(1)  express terms prevail over course of performance, course of dealing, and usage of trade;
(2)  course of performance prevails over course of dealing and usage of trade;  and
(3)  course of dealing prevails over usage of trade.
(f)  Subject to Section 2.209, a course of performance is relevant to show a waiver or modification of any term inconsistent with the course of performance.
(g)  Evidence of a relevant usage of trade offered by one party is not admissible unless that party has given the other party notice that the court finds sufficient to prevent unfair surprise to the other party.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.304. Obligation of Good Faith

Sec. 1.304.  OBLIGATION OF GOOD FAITH.  Every contract or duty within this title imposes an obligation of good faith in its performance and enforcement.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.305. Remedies to Be Liberally Administered

Sec. 1.305.  REMEDIES TO BE LIBERALLY ADMINISTERED.  (a)  The remedies provided by this title must be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed but neither consequential or special damages nor penal damages may be had except as specifically provided in this title or by other rule of law.
(b)  Any right or obligation declared by this title is enforceable by action unless the provision declaring it specifies a different and limited effect.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.306. Waiver of Renunciation of Claim or Right After Breach

Sec. 1.306.  WAIVER OF RENUNCIATION OF CLAIM OR RIGHT AFTER BREACH.  A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.307. Prima Facie Evidence by Third-Party Documents

Sec. 1.307.  PRIMA FACIE EVIDENCE BY THIRD-PARTY DOCUMENTS.  A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher's or inspector's certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.308. Performance or Acceptance Under Reservation of Rights

Sec. 1.308.  PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS.  (a)  A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved.  Such words as "without prejudice," "under protest," or the like are sufficient.
(b)  Subsection (a) does not apply to an accord and satisfaction.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Business and Commerce Code › Title 1 - Uniform Commercial Code › Chapter 1 - General Provisions › Subchapter C. Territorial Applicability and General Rules › Section 1.309. Option to Accelerate at Will

Sec. 1.309.  OPTION TO ACCELERATE AT WILL.  A term providing that one party or that party's successor in interest may accelerate payment or performance or require collateral or additional collateral "at will" or when the party "deems itself insecure," or words of similar import, means that the party has power to do so only if that party in good faith believes that the prospect of payment or performance is impaired.  The burden of establishing lack of good faith is on the party against which the power has been exercised.
Added by Acts 2003, 78th Leg., ch. 542, Sec. 1, eff. Sept. 1, 2003.