General and Special Laws of The State of Texas Passed By The Second, Third and Fourth Called Sessions of the Sixty-Second Legislature and the Regular Session of the Sixty-Third Legislature Page: 97
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63rd LEGISLATURE-REGULAR SESSION
trolling or abating air pollution and emissions of air contaminants,
consistent with the protection of health, general welfare, and physical
property of the people, including the esthetic enjoyment of the air re-
sources by the people and the maintenance of adequate visibility. The
accomplishment of the purposes stated in this Act will implement such
policy, and is for the health and welfare of the people of this state and
for the improvement and protection of their properties. The issuer
in carrying out the purposes of this Act will be performing an essential
public function under the constitution. The issuer shall not be re-
quired to pay any tax or assessment on the control facilities or any
part thereof, and the bonds issued hereunder and their transfer and
the income therefrom shall at all times be free from taxation within
this state. This section shall not be construed as affecting the laws
of this state relating to ad valorem taxes imposed on persons or lease-
holds or other interests of persons which are not public agencies or
political subdivisions. Any control facilities that are the subject of
any contract for purchase or use under this Act shall be construed to
be subject to ad valorem taxation payable by the person contracting with
the issuer as if such contract created a leasehold.
(b) It is hereby determined by the legislature and also declared
to be the policy of this state that the control of air pollution is essen-
tial to the well-being and survival of its inhabitants and the protection
of the environment, and that specifically the control, prevention, and
abatement of air pollution are and will be for the specific purpose of
the conservation and development of the natural resources of the state,
within the meaning of Article XVI, Section 59(a), of the Texas Con-
stitution, through the prevention of further damage to or destruc-
tion of the environment, resulting in further conservation and de-
velopment of such natural resources.
Sec. 3. As used in this Act, unless the context requires a different
definition:
(1) "Air contaminant," "air pollution," "person," and "Texas Air
Control Board" shall have the same meanings as the terms are now de-
fined in the Texas Clean Air Act, as amended (Article 4477-5, Ver-
non's Texas Civil Statutes).
(2) "Control facilities" means facilities designed to reduce or elimi-
nate air pollution which have been so certified by the Texas Air Con-
trol Board or by its executive secretary as may be authorized by the
Texas Air Control Board.
(3) "Cost" as applied to the acquisition, construction, or improve-
ment of control facilities, including real property acquired therefor,
shall include financing charges, interest prior to and during construc-
tion and for a period found to be reasonable by the issuer after com-
pletion of construction, expenses incurred for architectural and engi-
neering services, legal services, plans, specifications, surveys, estimates,
placing the control facilities in operation, administration, and such
other expenses as may be necessary or incident to such acquisition,
construction, and improvement.
(4) "Coastal basin" and "river basin" mean the coastal basins and
river basins now defined and designated by the Texas Water Develop-
ment Board as separate units for the purpose of water development
and interwatershed transfers, and as they are made certain by contour
maps on file in the office of the Texas Water Development Board, in-
cluding, but not limited to, rivers and their tributaries, streams, water,
97Ch. 55
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Second, Third and Fourth Called Sessions of the Sixty-Second Legislature and the Regular Session of the Sixty-Third Legislature, legislative document, 1973; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221792/m1/709/?q=waco+tornado&rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.