Texas Government Code 2306.452 – Payment Enforceable by Mandamus
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Terms Used In Texas Government Code 2306.452
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A writ of mandamus and any other legal or equitable remedy are available to a party in interest to require the department, the comptroller, or another party to carry out an agreement or to perform a function or duty under:
(1) this chapter;
(2) the Texas Constitution; or
(3) the department’s bond resolutions.