Tex. Spec. Dist. Local Laws Code Section 7201.302
Appointment of Receiver


(a)

At the request of the commission, the attorney general shall bring an action for the appointment of a receiver to collect the assets and carry on the business of the district if the district:

(1)

received three consecutive audit reports with anything other than an unqualified or clean opinion;

(2)

completed five consecutive fiscal years at a net loss;

(3)

has defaulted on more than one financial debt obligation;

(4)

has a director or agent who has been convicted of or has pleaded guilty or nolo contendere to a civil or criminal offense related to the management or governance of the district; or

(5)

violates a final judgment issued by a district court in an action brought by the attorney general under:

(A)

this chapter;

(B)

Chapter 7 (Enforcement), 13 (Water Rates and Services), 49 (Provisions Applicable to All Districts), or 65 (Special Utility Districts), Water Code;

(C)

Chapter 341 (Minimum Standards of Sanitation and Health Protection Measures), Health and Safety Code;

(D)

laws governing the selection, monitoring, or review and evaluation of professional services, vendors, or contractors for construction or improvement projects; or

(E)

a rule adopted or order issued under any statute listed in this subdivision.

(b)

The court shall appoint a receiver if an appointment is necessary to:

(1)

guarantee the collection of assessments, fees, penalties, or interest;

(2)

guarantee continuous and adequate service to the customers of the district; or

(3)

prevent continued or repeated violations of a court order or final commission order.
Added by Acts 2023, 88th Leg., R.S., Ch. 1088 (S.B. 1188), Sec. 5, eff. September 1, 2023.

Source: Section 7201.302 — Appointment of Receiver, https://statutes.­capitol.­texas.­gov/Docs/SD/htm/SD.­7201.­htm#7201.­302 (accessed May 11, 2024).

Accessed:
May 11, 2024

§ 7201.302’s source at texas​.gov