Tex. Health & Safety Code Section 364.054
District Bond Validation by Suit


As an alternative for, or in addition to, the procedure provided by Section 364.053 (Approval and Registration), the board of directors of a district may validate its bonds by filing suit under Chapter 1205 (Public Security Declaratory Judgment Actions), Government Code.


The interest rate and sale price of the bonds need not be fixed until after the termination of the validation proceedings or suit.


If the proposed bonds recite that they are secured by the proceeds of a contract made by the district and one or more public agencies, the petition must allege that fact and the notice of the suit must mention that allegation and each public agency’s fund or revenues from which the contract is payable.


The suit is a proceeding in rem, and the judgment is res judicata as to the validity of the bonds and any contract and the pledge of revenues.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.271, eff. Sept. 1, 2001.

Source: Section 364.054 — District Bond Validation by Suit, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­364.­htm#364.­054 (accessed Nov. 25, 2023).

Nov. 25, 2023

§ 364.054’s source at texas​.gov