Sec. 228.113. TRUST FUND. (a) All money received under this subchapter, whether as proceeds from the sale of bonds or as revenue, is a trust fund to be held and applied as provided by this subchapter. Notwithstanding any other law, including Section 9, Chapter 1123, Acts of the 75th Legislature, Regular Session, 1997, and without the prior approval of the comptroller, funds held under this subchapter shall be held in trust by a banking institution chosen by the department or, at the discretion of the department, in trust in the state treasury outside the general revenue fund.
(b) The order authorizing the issuance of bonds or the trust agreement securing the bonds shall provide that an officer to whom or a bank or trust company to which the money is paid shall act as trustee of the money and shall hold and apply the money for the purpose of the order or trust agreement, subject to this subchapter and the order or trust agreement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1306, Sec. 3, eff. Aug. 30, 1999; Acts 2003, 78th Leg., ch. 312, Sec. 35, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.33, eff. June 21, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.11, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.185 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
Structure Texas Statutes
Subtitle B - State Highway System
Chapter 228 - State Highway Toll Projects
Subchapter C. Toll Revenue Bonds
Section 228.101. Construction Costs
Section 228.102. Issuance of Bonds
Section 228.103. Applicability of Other Law; Conflicts
Section 228.104. Payment of Bonds; Credit of State Not Pledged
Section 228.105. Sources of Payment of and Security for Toll Revenue Bonds
Section 228.106. Interim Bonds
Section 228.107. Effect of Lien
Section 228.108. Approval of Bonds by Attorney General
Section 228.109. Trust Agreement
Section 228.110. Provisions Protecting and Enforcing Rights and Remedies of Bondholders
Section 228.111. Furnishing of Indemnifying Bonds or Pledge of Securities
Section 228.112. Feasibility Study by Municipality, County, or Private Group
Section 228.115. Exemption From Taxation or Assessment
Section 228.116. Valuation of Bonds Securing Deposit of Public Funds