Sec. 16.190. SALE OR LEASE: CONDITION PRECEDENT. (a) No sale, transfer, or lease of a state facility is valid unless the board first makes the following affirmative findings:
(1) that the applicant has a permit granted by the commission;
(2) that the sale, transfer, or lease will contribute to the conservation and development of the water resources of the state; and
(3) that the consideration for the sale, transfer, or lease is fair, just, and reasonable and in full compliance with the law.
(b) The consideration for any such sale or transfer may be either money or revenue bonds, which revenue bonds for the purposes hereof shall be deemed the same as money.
(c) The amount of money shall be equal to the price for purchasing the facilities as prescribed by the provisions of Section 16.187 of this code, or if revenue bonds constitute the consideration, the principal amount of revenue bonds shall be equal to the price for purchasing the facilities as prescribed by the provisions of Section 16.187 of this code, and such revenue bonds shall bear interest at the rate prescribed in Section 17.128 of this code with regard to bonds purchased with the proceeds of the Texas Water Development Fund.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.
Structure Texas Statutes
Title 2 - Water Administration
Subtitle C - Water Development
Chapter 16 - Provisions Generally Applicable to Water Development
Subchapter F. Sale or Lease of Facilities
Section 16.181. Board May Sell or Lease Projects
Section 16.182. Permits Required
Section 16.183. Permit: Paramount Consideration of Commission
Section 16.184. Contract Must Be Negotiated
Section 16.185. Reservoir Land
Section 16.187. Price of Sale: Facilities Acquired Under Contracts With the United States
Section 16.1871. Acquisition Date
Section 16.189. Lease Payments
Section 16.190. Sale or Lease: Condition Precedent
Section 16.191. Disposition of Proceeds
Section 16.192. Sale of Stored Water
Section 16.194. Sale Contract: Provisions, Limitations
Section 16.195. Emergency Releases of Water