This section sets out how a bond may be structured, secured, issued, sold, and executed, and gives an eligible political subdivision limited powers to authorize related financing documents and pledge certain revenues.
Sec. 221.047. BOND REQUIREMENTS. (a) A bond issued under Section 221.046 is a negotiable instrument within the meaning and for purposes of the Business & Commerce Code. (b) The bond may be: (1) issued registrable as to principal or as to both principal and interest; or (2) made redeemable before maturity. (c) The bond may be: (1) issued in the form, denominations, and manner and under the terms provided by the order or resolution authorizing the issuance of the bond; and (2) sold in the manner, at the price, and under the terms provided by the order or resolution authorizing the issuance of the bond. (d) The bond shall: (1) be executed in accordance with the order or resolution authorizing the issuance of the bond; and (2) bear interest at the rate provided by the order or resolution authorizing the issuance of the bond. (e) The bond may bear interest and may be issued in accordance with: (1) Chapters 1201, 1204, and 1371, Government Code; or (2) Subchapters A-C, Chapter 1207, Government Code. (f) The bond may be additionally secured by a: (1) mortgage or deed of trust on real property that is related to the mitigation bank; or (2) chattel mortgage, lien, or security interest on personal property appurtenant to that real property. (g) The eligible political subdivision may authorize the execution of a trust indenture, mortgage, deed of trust, or other encumbrance to evidence the indebtedness. (h) The eligible political subdivision may pledge to the payment of the bond any part of a grant, a donation, revenue, or income received or to be received from the United States or any other source. Added by Acts 1997, 75th Leg., ch. 165, Sec. 24.01(a), eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.361, eff. Sept. 1, 2001.