Terms Used In Texas Special District Local Laws Code Chapter 7958 - Rose City Municipal Utility District

• Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Penal Code 1.07
• Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
• Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Penal Code 1.07
• Another: means a person other than the actor. See Texas Penal Code 1.07
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Penal Code 1.07
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conduct: means an act or omission and its accompanying mental state. See Texas Penal Code 1.07
• Consent: means assent in fact, whether express or apparent. See Texas Penal Code 1.07
• Controlled substance: has the meaning assigned by § 481. See Texas Penal Code 1.07
• Court: means and includes:
  (1) a county court in the exercise of its probate jurisdiction;
  (2) a court created by statute and authorized to exercise original probate jurisdiction; and
  (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Penal Code 1.07
• Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
• Government: means :
  (A) the state;
  (B) a county, municipality, or political subdivision of the state; or
  (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Penal Code 1.07
• in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
• Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Penal Code 1.07
• Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
  (1) a county court in the exercise of its probate jurisdiction;
  (2) a court created by statute and authorized to exercise probate jurisdiction; or
  (3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019
• 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.
• Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Penal Code 1.07
• Lien: A claim against real or personal property in satisfaction of a debt.
• Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Penal Code 1.07
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Owner: means a person who:
  (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
  (B) is a holder in due course of a negotiable instrument. See Texas Penal Code 1.07
• Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
• Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
• Person: includes a natural person and a corporation. See Texas Estates Code 22.027
• Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
• Personal property: All property that is not real property.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
• Probate: Proving a will
• Property: means real and personal property. See Texas Government Code 311.005
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
  (A) an officer, employee, or agent of government;
  (B) a juror or grand juror; or
  (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
  (D) an attorney at law or notary public when participating in the performance of a governmental function; or
  (E) a candidate for nomination or election to public office; or
  (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. See Texas Penal Code 1.07
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Sight order: means a written or electronic instruction to pay money that is authorized by the person giving the instruction and that is payable on demand or at a definite time by the person being instructed to pay. See Texas Penal Code 1.07
• Statute: A law passed by a legislature.
• Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. See Texas Estates Code 22.007
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Penal Code 1.07
• Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
• Week: means seven consecutive days. See Texas Government Code 311.005
• Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005