(a) Bonds issued by an authority under this chapter may be secured by a bond indenture between the authority and a corporate trustee that is a trust company or a bank that has the powers of a trust company.
(b) A bond indenture may pledge or assign the revenues to be received but may not convey or mortgage any part of a transportation project.
Terms Used In Texas Transportation Code 370.115
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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
- Trustee: A person or institution holding and administering property in trust.
(c) A bond indenture may:
(1) set forth the rights and remedies of the bondholders and the trustee;
(2) restrict the individual right of action by bondholders as is customary in trust agreements or indentures of trust securing corporate bonds and debentures; and
(3) contain provisions the authority determines reasonable and proper for the security of the bondholders, including covenants:
(A) establishing the authority’s duties relating to:
(i) the acquisition of property;
(ii) the construction, maintenance, operation, and repair of and insurance for a transportation project; and
(iii) custody, safeguarding, and application of money;
(B) prescribing events that constitute default;
(C) prescribing terms on which any or all of the bonds become or may be declared due before maturity; and
(D) relating to the rights, powers, liabilities, or duties that arise on the breach of a duty of the authority.
(d) An expense incurred in carrying out a trust agreement may be treated as part of the cost of operating the transportation project.
(e) In addition to all other rights by mandamus or other court proceeding, an owner or trustee of a bond issued under this chapter may enforce the owner’s rights against an issuing authority, the authority’s employees, the authority’s board, or an agent or employee of the authority’s board and is entitled to:
(1) require the authority or the board to impose and collect tolls, fares, fees, charges, and other revenue sufficient to carry out any agreement contained in the bond proceedings; and
(2) apply for and obtain the appointment of a receiver for the transportation project or system.