Terms Used In Texas Health and Safety Code 383.003

  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Property: means real and personal property. See Texas Government Code 311.005

In this chapter:
(1) “Air contaminant” has the meaning assigned by Section 382.003 (Texas Clean Air Act).
(2) “Air pollution” has the meaning assigned by Section 382.003 (Texas Clean Air Act).
(3) “Bond” includes a note.
(4) “Coastal basin” means an area that:
(A) is defined and designated as a coastal basin as of April 26, 1973, by the Texas Water Development Board, and as a separate unit that has the purpose of water development and interwatershed transfers; and
(B) has boundaries determined by a contour map filed in the office of the Texas Water Development Board.
(5) “Commission” means the Texas Natural Resource Conservation Commission.
(6) “Control facility” means a facility that has been certified by the commission, or by its executive secretary if the commission authorizes, as being designed to reduce or eliminate air pollution.
(7) “Disposal system” has the meaning assigned by Section 30.003(10), Water Code.
(8) “District” means a district or authority created under Article XVI, Section 59, or Article III, Section 52, of the Texas Constitution, but does not include a district or authority located entirely within a river authority unless the district or authority:
(A) has all or part of at least two municipalities within its boundaries;
(B) is governed by Chapter 56, 60, 61, 62, or 63, Water Code; or
(C) is created for the primary purpose of navigation of its coastal and inland waters.
(9) “Issuer” means a municipality, county, or district.
(10) “Real property” means land, a structure, a franchise or interest in land, water, land under water, riparian rights, air rights, or another thing or right pertaining to that property, including an easement, right-of-way, use, lease, license, or other incorporeal hereditament, or an estate, interest, or legal or equitable right, including a term for years or lien on that property because of a judgment, mortgage, or other reason.
(11) “Resolution” means the action, including an order or ordinance, that authorizes bonds and that is taken by the governing body of an issuer.
(12) “River authority” has the meaning assigned by Section 30.003(4), Water Code.
(13) “River basin” means an area that:
(A) is defined and designated as a river basin as of April 26, 1973, by the Texas Water Development Board, and as a separate unit that has the purpose of water development and interwatershed transfers; and
(B) has boundaries determined by a contour map filed in the office of the Texas Water Development Board.
(14) “Security agreement” means a trust indenture or other instrument securing bonds.