General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature Page: 60
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68th LEGIS-2nd CALLED SESSION
the hearing and also including the order calling the elections and the giving of the notices of
election in the elections, including also the holding of each election and the declaring of the
results of the election, are in all things validated. The bonds voted and issued before June 10,
1969, including the order authorizing the issuance of the bonds and the levying of the tax in
payment of the bonds, are in all things validated. The bonds voted before June 10, 1969, but not
yet issued, when approved by the attorney general, registered by the comptroller of public
accounts, and delivered to the purchaser, are general, direct, and binding obligations of the road
district or other defined district against which the bonds are issued and are incontestable except
for fraud or forgery. The bonds that have been approved before June 10, 1969, by the attorney
general, registered by the comptroller of public accounts, and delivered to the purchaser are in
all things validated and are general, direct, and binding obligations of the road district or other
defined district against which the bonds are issued and are incontestable except for fraud or
"(b) All road districts or other districts created and defined before June 10, 1969, by the
commissioners courts of this state that have voted and authorized before that date the issuance of
road bonds under the provisions of Article III, Section 52, of the Texas Constitution, by a two-
thirds majority vote of the qualified voters of the road district or other defined district at an
election held for that purpose are in all things validated as though each road district or other
defined district had been created and defined in the first instance by the legislature.
"(c) It is expressly found and declared that all property subject to taxation situated in the
road districts or other defined districts, the bonds of which have been voted before June 10, 1969,
by a two-thirds majority vote pursuant to the provisions of Article III, Section 52, of the Texas
Constitution, and which are validated, will be or has been benefited by the improvements
proposed to be made or which have been made with the proceeds of the bonds validated to an
amount not less than the amount of the required levy of ad valorem taxes against the property
and the collection of the taxes for the purpose of paying the principal and interest on the bonds
"(d) This section does not apply to the road bonds or to the road district or other defined
district involved in litigation pending in any court of competent jurisdiction in this state on June
10, 1969, questioning the validity of any matters validated, if the litigation is ultimately
determined against the validity of the bonds. This section does not apply to the road bonds or to
the road district or other defined district that has been declared invalid by a court of competent
jurisdiction in this state. (V.A.C.S. Art. 752y-6.)
"Section 4.446. USE OF BOND PROCEEDS TO PAY CERTAIN INTERESTS. A county or
a political subdivision or road district of a county may use bond proceeds to pay or establish a
reasonable reserve to pay not more than three years' interest on the notes and bonds of the county,
political subdivision, or road district, as provided in the bond orders or resolution.
"PART 3. COMPENSATION BONDS
"Section 4.451. COMPENSATION BOND ISSUE. (a) Whenever in any political subdivi-
sion or road district in any county bonds have been issued under the authority of any general or
special law enacted pursuant to Article III, Section 52, of the Texas Constitution, and after the
enactment bonds are voted by the entire county for the purposes authorized in this section, the
political subdivisions or road districts first issuing bonds may be fully and fairly compensated by
the county in an amount equal in value to the amount of district bonds issued by the districts,
which shall be done in the form and manner prescribed by this section.
"(b) The commissioners court shall, on the presentation of a petition signed by 250 qualified
voters of the county, whether residing in the road district or districts or not, order an election
under this part to determine whether or not the bonds of the county shall be issued for road
construction purposes as authorized by Subsections (d) and (e) of this section.
"(c) The county bonds shall be issued in an amount as may be stated in the order of the
commissioners court, but within the limitations of the constitutional and statutory provi-
sions. At the election there shall also be submitted to the qualified voters of the county the
question as to whether or not a tax shall be levied on the property of the county, subject to
taxation, for the purpose of paying the interest on the bonds and to provide a sinking fund for the
redemption of the bonds.
"(d) When the road district or districts have by the requisite vote of the qualified voters
authorized the issuance of bonds and the bonds have not been issued and sold or if sold and the
proceeds have not been expended at the time the election is to be ordered for the entire county,
then the proposed county bonds shall be issued for the following purpose: 'The issuance of
county bonds for the construction of district roads and the further construction, maintenance,
and operation of macadamized, graveled, or paved roads and turnpikes, or in aid of these
purposes, throughout the county.' If the proposition to issue the county bonds for this purpose
receives the necessary favorable vote and the bonds shall have been approved and issued, then so
CH 8, SEC 1
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature, legislative document, 1985; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221803/m1/64/: accessed May 20, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.