Texas Water Code 6.114 – Financial Assistance Programs: Default, Remedies, and Enforcement
(a) In this section:
(1) “Default” means:
(A) default in payment of the principal of or interest on bonds, securities, or other obligations purchased or acquired by the board;
(B) failure to perform any covenant related to a bond, security, or other obligation purchased or acquired by the board;
(C) a failure to perform any of the terms of a loan, grant, or other financing agreement; or
(D) any other failure to perform an obligation, breach of a term of an agreement, or default as provided by any proceeding or agreement evidencing an obligation or agreement of a recipient, beneficiary, or guarantor of financial assistance provided by the board.
(2) “Financial assistance program recipient” means a recipient or beneficiary of funds administered by the board under this code, including a borrower, grantee, guarantor, or other beneficiary.
(b) In the event of a default and on request by the board, the attorney general shall seek:
(1) a writ of mandamus to compel a financial assistance program recipient or the financial assistance program recipient’s officers, agents, and employees to cure the default; and
(2) any other legal or equitable remedy the board and the attorney general consider necessary and appropriate.
Terms Used In Texas Water Code 6.114
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. 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
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- 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.
- Venue: The geographical location in which a case is tried.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) A proceeding authorized by this section shall be brought and venue is in a district court in Travis County.
(d) In a proceeding under this section, the attorney general may recover reasonable attorney’s fees, investigative costs, and court costs incurred on behalf of the state in the proceeding in the same manner as provided by general law for a private litigant.