Texas Local Government Code 392.102 – Optional Remedies of an Obligee
(a) By resolution, trust indenture, mortgage, lease, or other contract, an authority may confer on an obligee holding or representing a specified amount in bonds or holding a lease the right on default to:
(1) the possession of a housing project or part of a housing project;
(2) the appointment of a receiver of a housing project or part of a housing project and of the rents and profits of the project; or
(3) require the authority and the commissioners of the authority to account as if the authority and commissioners were the trustees of an express trust.
(b) The resolution or other instrument conferring a right under Subsection (a) must define the term “default.” The obligee may enforce the right in a proceeding in a court of competent jurisdiction.
Terms Used In Texas Local Government Code 392.102
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(c) A receiver appointed in a proceeding brought under this section may take possession of, operate, maintain, and collect and receive the fees, rents, revenues, or other charges of the project or part of the project. The receiver shall keep the money in one or more separate accounts and apply the money in accordance with the obligations of the authority as the court directs.