Participating public entities may dissolve an agency by concurrent ordinance, but only if the ordinances meet specific requirements and the dissolution will not impair holders’ rights or remedies.
Sec. 163.090. DISSOLUTION. (a) The participating public entities of an agency may by concurrent ordinance dissolve the agency. (b) Concurrent ordinances dissolving an agency must: (1) contain identical provisions; (2) state that the agency will be dissolved upon the winding up of agency affairs; (3) direct the board or boards of the agency to wind up the business and affairs of the agency and to inform the participating public entities by resolution when the winding up of the business and affairs of the agency is complete; and (4) state the date on which the dissolution takes effect, provided that the date provides sufficient time for the board or boards of the agency to wind up agency affairs. (c) The participating public entities may not dissolve an agency if the dissolution will impair the rights or remedies of holders of obligations issued by the agency. (d) The dissolved agency continues to exist to: (1) satisfy existing liabilities or obligations; (2) collect, distribute, or liquidate its assets; and (3) take any other action required to adjust and wind up its business and affairs. (e) The assets of the dissolved agency that remain after all liabilities or obligations of the agency have been satisfied shall be distributed to the public entities that created the agency. The public entities shall establish the method of distribution by agreement. (f) An agreement between a public entity and an agency entered into before September 1, 2015, regarding the distribution of the agency's assets after dissolution is enforceable according to the terms of the agreement, regardless of a provision to the contrary in this subchapter. Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015. SUBCHAPTER D. AGENCY RECEIVING POWER THROUGH INTERSTATE SYSTEM