Texas Education Code 45.056 – Investigation
(a) Following receipt of an application for the guarantee of bonds, the commissioner shall conduct an investigation of the applicant school district or charter district in regard to:
(1) the status of the district’s accreditation; and
(2) the total amount of outstanding guaranteed bonds.
(a-1) For purposes of this subsection, “bond security documents” include the resolution, trust agreement, indenture, ordinance, loan agreement, deed of trust, bond, note, and any additional document executed in connection with the issuance of a charter district bond for which a guarantee is requested under this subchapter. The commissioner’s investigation of an application submitted by a charter district may include evaluation of whether the charter district bond security documents provide a security interest in real property pledged as collateral for the bond and the repayment obligation under the proposed guarantee. The commissioner may decline to approve the application if the commissioner determines that sufficient security is not provided.
Terms Used In Texas Education Code 45.056
- Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) If following the investigation the commissioner is satisfied that the school district’s bonds should be guaranteed under this subchapter or provided credit enhancement under Subchapter I, as applicable, or the charter district’s bonds should be guaranteed under this subchapter, the commissioner shall endorse the bonds.