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Texas Constitution:Article III, Section 49-k (view source)
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'''(h) Proceedings authorizing obligations and related credit agreements to be issued and executed under the authority of this section shall be submitted to the Attorney General for approval as to their legality. If the Attorney General finds that they will be issued in accordance with this section and applicable law, the Attorney General shall approve them, and, after payment by the purchasers of the obligations in accordance with the terms of sale and after execution and delivery of the related credit agreements, the obligations and related credit agreements are incontestable for any cause.''' | '''(h) Proceedings authorizing obligations and related credit agreements to be issued and executed under the authority of this section shall be submitted to the Attorney General for approval as to their legality. If the Attorney General finds that they will be issued in accordance with this section and applicable law, the Attorney General shall approve them, and, after payment by the purchasers of the obligations in accordance with the terms of sale and after execution and delivery of the related credit agreements, the obligations and related credit agreements are incontestable for any cause.''' | ||
'''(i) Obligations and credit agreements issued or executed under the authority of this section may not be included in the computation required by Section [[Texas Constitution:Article III, Section 49-j|49-j]], Article III, of this constitution, except that if money has been dedicated to the Fund without specification of its source or the authority granted by Subsection (g) of this section has been implemented, the obligations and credit agreements shall be included to the extent the Comptroller projects that general funds of the | '''(i) Obligations and credit agreements issued or executed under the authority of this section may not be included in the computation required by Section [[Texas Constitution:Article III, Section 49-j|49-j]], Article III, of this constitution, except that if money has been dedicated to the Fund without specification of its source or the authority granted by Subsection (g) of this section has been implemented, the obligations and credit agreements shall be included to the extent the Comptroller projects that general funds of the State, if any, will be required to pay amounts due on or on account of the obligations and credit agreements.''' | ||
'''(j) The collection and deposit of the amounts required by this section, applicable law, and contract to be applied to the payment of obligations and credit agreements issued, executed, and secured under the authority of this section may be enforced by mandamus against the Commission, the Department, and the Comptroller in a district court of Travis County, and the sovereign immunity of the | '''(j) The collection and deposit of the amounts required by this section, applicable law, and contract to be applied to the payment of obligations and credit agreements issued, executed, and secured under the authority of this section may be enforced by mandamus against the Commission, the Department, and the Comptroller in a district court of Travis County, and the sovereign immunity of the State is waived for that purpose.''' | ||
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The Texas Attorney General, in Tex. Att'y Gen. Op. [https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2015/kp0017.pdf#page=4 KP-17] (2015), opined that: "A court would likely conclude that the language used to describe Proposition 15 on the 2001 November ballot, adding article III, section 49-k to the Texas Constitution, sufficiently expressed the scope and character of the proposed amendment and set its subject matter apart from the other amendments to satisfy constitutional standards." | |||
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|seo_title=Article III, Section 49-k of the Texas Constitution ("Texas Mobility Fund") | |seo_title=Article III, Section 49-k of the Texas Constitution ("Texas Mobility Fund") | ||
|seo_keywords=Article 3 Section 49-k, | |seo_keywords=Article 3 Section 49-k, highway bonds, debt authorization | ||
|seo_description=The Texas Mobility Fund is created in the State Treasury and administered by the Commission as a revolving fund. | |seo_description=The Texas Mobility Fund is created in the State Treasury and administered by the Commission as a revolving fund. | ||
|seo_image=Texas_Constitution_of_1876_Article_3.jpg | |seo_image=Texas_Constitution_of_1876_Article_3.jpg | ||
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}} | }} | ||
[[Category:TxCon ArtIII Sec]] | [[Category:TxCon ArtIII Sec]] | ||