State Codes and Statutes

Statutes > Texas > Vernon-s-civil-statutes > Title-32-corporations > Chapter-17-trust-companies-and-investments

VERNON'S CIVIL STATUTES

TITLE 32. CORPORATIONS

CHAPTER 17. TRUST COMPANIES AND INVESTMENTS

Art. 1524b. HOUSING CORPORATIONS AUTHORIZED. Corporations may be

formed wholly for the purpose of providing housing for families

of low income and/or for reconstruction of slum areas, provided

such corporations are regulated by state or municipal law, as

hereinafter provided as to rents, charges, capital structure,

rate of return and areas and methods of operation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 1.

Art. 1524c. APPLICATION FOR INCORPORATION. Applications for

charters for corporations, the creation of which are authorized

under the provisions of this Act, in addition to requirements now

prescribed by law, must be accompanied by a certificate executed

by the officials of the governing body of the municipality in

which said corporation contemplate owning or operating any

properties certifying that the capital structure thereof and the

plans and specifications of the proposed building has the

approval of such governing body, provided, that where said

corporation contemplates the owning or operating of properties

situated outside the corporate limits of any organized town, city

or village, then the certification herein referred to shall be

executed by the Commissioners' Court of any county in which it is

contemplated to own and/or operate properties within the scope of

this Act. Such certificate shall not be binding upon the

Secretary of State who shall proceed to file or refuse to file

the charter in accordance with the provisions of existing laws.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 2.

Art. 1524d. POWERS; FEES AND TAXES. Any corporation organized

under the provisions of this Act shall have, except as herein

provided, all the powers of private domestic corporations which

have been heretofore organized under the provisions of the laws

of the State of Texas, and shall pay all fees and taxes which are

required to be paid by private domestic corporations organized

and/or existing under the laws of the State of Texas.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 3.

Art. 1524e. REGULATION BY MUNICIPALITIES OR COUNTIES. The rents,

charges, capital structure, rate of return and areas and method

of operation of any corporation organized under the provisions of

Section 1 hereof shall be regulated, as hereinafter provided, by

the governing body of any municipality or county where the

properties to be owned or operated are situated outside the

corporate limits of any organized town, city or village in which

said corporation owns and operates any property. Should any such

corporation own and operate properties in more than one

municipality, the governing body of each municipality or county,

where the properties to be owned or operated are situated outside

the corporate limits of any organized town, city or village in

which property of the corporation is situated, shall regulate in

the manner prescribed by this Act the rents, charges, rate of

return and area and method of operation of the property located

within the territorial limits of such municipality or county,

where the properties to be owned or operated are situated outside

the corporate limits of any organized town, city or village,

provided the governing body of a county shall not have the

jurisdiction of regulation of property of such corporation

situated within the corporate limits of a town, village, or city.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 4.

Art. 1524f. RATE OF RETURN RESTRICTED. The governing body fixing

the rate of return for a corporation organized under the

provisions of Section 1 of this Act shall not fix such rates of

return to yield a net amount in excess of eight (8%) per cent

upon the invested capital of such corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 5.

Art. 1524g. RULES AND REGULATIONS TO BE PRESCRIBED AND PLANS

APPROVED. Such governing body may establish rules and

regulations governing its procedure for hearings in fixing or

amending orders or ordinances fixing the rents, charges, rate of

return and areas and methods of corporations organized under the

provisions of Section 1 hereof, and before any building is

erected by such corporation, the detailed plans and

specifications thereof, must be approved by the governing body of

the municipality or county, where the properties to be owned or

operated are situated outside the corporate limits of any

organized town, city or village in which such building is to be

erected.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 6.

Art. 1524h. APPEAL FROM ORDER FIXING RATE OF RETURN. Any

corporation organized and existing under and by virtue of

provisions of Section 1 hereof, which shall be dissatisfied with

any rents, charges, rate of return and area and method of

operation which is fixed or may be fixed or may be changed by any

governing body, may, by giving to such governing body ten (10)

days notice by registered mail of its intention thereof, appeal

to any district court of the county wherein the property which is

affected is situated. The appeal shall be perfected by filing

suit in the district court of the county in which the property is

situated within ten (10) days after the giving of such notice,

and the filing of such suit shall suspend the order, rule,

regulation, or ordinance from which the appeal is perfected. The

municipality or county, where the properties to be owned or

operated are situated outside the corporate limits of any

organized town, city or village shall be defendant in said suit.

The trial shall be de novo, and Court, upon a hearing, shall, by

its judgment, regulate the rents, charges, rate of return, areas

and method of operation of the corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 7.

Art. 1524i. LOANS FROM RECONSTRUCTION FINANCE CORPORATION. Any

corporation created under the provisions of this Act, in addition

to the powers herein granted, shall have full power and authority

to do all things necessary to secure loans from the

Reconstruction Finance Corporation under the rules and

regulations prescribed by said Reconstruction Finance

Corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 8.

Art. 1524j. ANTI-TRUST LAWS NOT AFFECTED. Provided that nothing

in this Act shall in anywise affect or nullify the Anti-trust

laws of this State.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 9.

Art. 1524k. RESTRAINING VIOLATION OF ORDERS, RULES OR

REGULATIONS; PUNISHMENT FOR VIOLATION OF INJUNCTION. If any

agent, servant, officer or employee of any corporation created

under the provisions of this Act shall wilfully violate any

order, rule, regulation or ordinance fixing rents, charges, rate

of return, areas and method of operation, the District Court of

the County in which the property of such corporation is situated,

upon application of the governing body of the municipality or

county, where the properties to be owned or operated are situated

outside the corporate limits of any organized town, city or

village wherein the corporation owns property, may issue during

its term or in vacation a temporary writ of injunction

restraining such agents, servants, officers or employees from any

violation of such order, rule, regulation or ordinance and which

temporary writ of injunction may be made permanent upon notice

and hearing in the manner now provided by law. No bond shall be

required before issuing any such temporary or permanent

injunction and if any such injunction is violated by the agents,

servants, officers or employees of said corporation, the Court,

in addition to its power to punish for contempt, may order that

the building of such corporation shall not be used or occupied

for any period not to exceed one year but the Court shall permit

said building to be occupied or used if the owner, lessee, tenant

or occupant thereof shall give bond with sufficient surety to be

provided by the Court in the sum of not less than Five Hundred

($500.00) Dollars nor more than One Thousand ($1,000.00) Dollars,

payable to the Judge of said Court, conditioned that said

corporation, its agents, servants, officers or employees will

thereafter comply with the orders, rules, regulations or

ordinances which have been or may be promulgated, fixing the

rents, charges, or rate of return, areas and methods of operation

of said corporation and that it will pay all fines and costs that

may be assessed in contempt proceedings against its agents,

servants, officers and employees for the violation of any writ of

injunction existing, or which may thereafter be issued.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 10. Amended

by Acts 1989, 71st Leg., ch. 1039, Sec. 4.08, eff. Sept. 1, 1989.

State Codes and Statutes

Statutes > Texas > Vernon-s-civil-statutes > Title-32-corporations > Chapter-17-trust-companies-and-investments

VERNON'S CIVIL STATUTES

TITLE 32. CORPORATIONS

CHAPTER 17. TRUST COMPANIES AND INVESTMENTS

Art. 1524b. HOUSING CORPORATIONS AUTHORIZED. Corporations may be

formed wholly for the purpose of providing housing for families

of low income and/or for reconstruction of slum areas, provided

such corporations are regulated by state or municipal law, as

hereinafter provided as to rents, charges, capital structure,

rate of return and areas and methods of operation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 1.

Art. 1524c. APPLICATION FOR INCORPORATION. Applications for

charters for corporations, the creation of which are authorized

under the provisions of this Act, in addition to requirements now

prescribed by law, must be accompanied by a certificate executed

by the officials of the governing body of the municipality in

which said corporation contemplate owning or operating any

properties certifying that the capital structure thereof and the

plans and specifications of the proposed building has the

approval of such governing body, provided, that where said

corporation contemplates the owning or operating of properties

situated outside the corporate limits of any organized town, city

or village, then the certification herein referred to shall be

executed by the Commissioners' Court of any county in which it is

contemplated to own and/or operate properties within the scope of

this Act. Such certificate shall not be binding upon the

Secretary of State who shall proceed to file or refuse to file

the charter in accordance with the provisions of existing laws.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 2.

Art. 1524d. POWERS; FEES AND TAXES. Any corporation organized

under the provisions of this Act shall have, except as herein

provided, all the powers of private domestic corporations which

have been heretofore organized under the provisions of the laws

of the State of Texas, and shall pay all fees and taxes which are

required to be paid by private domestic corporations organized

and/or existing under the laws of the State of Texas.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 3.

Art. 1524e. REGULATION BY MUNICIPALITIES OR COUNTIES. The rents,

charges, capital structure, rate of return and areas and method

of operation of any corporation organized under the provisions of

Section 1 hereof shall be regulated, as hereinafter provided, by

the governing body of any municipality or county where the

properties to be owned or operated are situated outside the

corporate limits of any organized town, city or village in which

said corporation owns and operates any property. Should any such

corporation own and operate properties in more than one

municipality, the governing body of each municipality or county,

where the properties to be owned or operated are situated outside

the corporate limits of any organized town, city or village in

which property of the corporation is situated, shall regulate in

the manner prescribed by this Act the rents, charges, rate of

return and area and method of operation of the property located

within the territorial limits of such municipality or county,

where the properties to be owned or operated are situated outside

the corporate limits of any organized town, city or village,

provided the governing body of a county shall not have the

jurisdiction of regulation of property of such corporation

situated within the corporate limits of a town, village, or city.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 4.

Art. 1524f. RATE OF RETURN RESTRICTED. The governing body fixing

the rate of return for a corporation organized under the

provisions of Section 1 of this Act shall not fix such rates of

return to yield a net amount in excess of eight (8%) per cent

upon the invested capital of such corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 5.

Art. 1524g. RULES AND REGULATIONS TO BE PRESCRIBED AND PLANS

APPROVED. Such governing body may establish rules and

regulations governing its procedure for hearings in fixing or

amending orders or ordinances fixing the rents, charges, rate of

return and areas and methods of corporations organized under the

provisions of Section 1 hereof, and before any building is

erected by such corporation, the detailed plans and

specifications thereof, must be approved by the governing body of

the municipality or county, where the properties to be owned or

operated are situated outside the corporate limits of any

organized town, city or village in which such building is to be

erected.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 6.

Art. 1524h. APPEAL FROM ORDER FIXING RATE OF RETURN. Any

corporation organized and existing under and by virtue of

provisions of Section 1 hereof, which shall be dissatisfied with

any rents, charges, rate of return and area and method of

operation which is fixed or may be fixed or may be changed by any

governing body, may, by giving to such governing body ten (10)

days notice by registered mail of its intention thereof, appeal

to any district court of the county wherein the property which is

affected is situated. The appeal shall be perfected by filing

suit in the district court of the county in which the property is

situated within ten (10) days after the giving of such notice,

and the filing of such suit shall suspend the order, rule,

regulation, or ordinance from which the appeal is perfected. The

municipality or county, where the properties to be owned or

operated are situated outside the corporate limits of any

organized town, city or village shall be defendant in said suit.

The trial shall be de novo, and Court, upon a hearing, shall, by

its judgment, regulate the rents, charges, rate of return, areas

and method of operation of the corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 7.

Art. 1524i. LOANS FROM RECONSTRUCTION FINANCE CORPORATION. Any

corporation created under the provisions of this Act, in addition

to the powers herein granted, shall have full power and authority

to do all things necessary to secure loans from the

Reconstruction Finance Corporation under the rules and

regulations prescribed by said Reconstruction Finance

Corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 8.

Art. 1524j. ANTI-TRUST LAWS NOT AFFECTED. Provided that nothing

in this Act shall in anywise affect or nullify the Anti-trust

laws of this State.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 9.

Art. 1524k. RESTRAINING VIOLATION OF ORDERS, RULES OR

REGULATIONS; PUNISHMENT FOR VIOLATION OF INJUNCTION. If any

agent, servant, officer or employee of any corporation created

under the provisions of this Act shall wilfully violate any

order, rule, regulation or ordinance fixing rents, charges, rate

of return, areas and method of operation, the District Court of

the County in which the property of such corporation is situated,

upon application of the governing body of the municipality or

county, where the properties to be owned or operated are situated

outside the corporate limits of any organized town, city or

village wherein the corporation owns property, may issue during

its term or in vacation a temporary writ of injunction

restraining such agents, servants, officers or employees from any

violation of such order, rule, regulation or ordinance and which

temporary writ of injunction may be made permanent upon notice

and hearing in the manner now provided by law. No bond shall be

required before issuing any such temporary or permanent

injunction and if any such injunction is violated by the agents,

servants, officers or employees of said corporation, the Court,

in addition to its power to punish for contempt, may order that

the building of such corporation shall not be used or occupied

for any period not to exceed one year but the Court shall permit

said building to be occupied or used if the owner, lessee, tenant

or occupant thereof shall give bond with sufficient surety to be

provided by the Court in the sum of not less than Five Hundred

($500.00) Dollars nor more than One Thousand ($1,000.00) Dollars,

payable to the Judge of said Court, conditioned that said

corporation, its agents, servants, officers or employees will

thereafter comply with the orders, rules, regulations or

ordinances which have been or may be promulgated, fixing the

rents, charges, or rate of return, areas and methods of operation

of said corporation and that it will pay all fines and costs that

may be assessed in contempt proceedings against its agents,

servants, officers and employees for the violation of any writ of

injunction existing, or which may thereafter be issued.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 10. Amended

by Acts 1989, 71st Leg., ch. 1039, Sec. 4.08, eff. Sept. 1, 1989.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Vernon-s-civil-statutes > Title-32-corporations > Chapter-17-trust-companies-and-investments

VERNON'S CIVIL STATUTES

TITLE 32. CORPORATIONS

CHAPTER 17. TRUST COMPANIES AND INVESTMENTS

Art. 1524b. HOUSING CORPORATIONS AUTHORIZED. Corporations may be

formed wholly for the purpose of providing housing for families

of low income and/or for reconstruction of slum areas, provided

such corporations are regulated by state or municipal law, as

hereinafter provided as to rents, charges, capital structure,

rate of return and areas and methods of operation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 1.

Art. 1524c. APPLICATION FOR INCORPORATION. Applications for

charters for corporations, the creation of which are authorized

under the provisions of this Act, in addition to requirements now

prescribed by law, must be accompanied by a certificate executed

by the officials of the governing body of the municipality in

which said corporation contemplate owning or operating any

properties certifying that the capital structure thereof and the

plans and specifications of the proposed building has the

approval of such governing body, provided, that where said

corporation contemplates the owning or operating of properties

situated outside the corporate limits of any organized town, city

or village, then the certification herein referred to shall be

executed by the Commissioners' Court of any county in which it is

contemplated to own and/or operate properties within the scope of

this Act. Such certificate shall not be binding upon the

Secretary of State who shall proceed to file or refuse to file

the charter in accordance with the provisions of existing laws.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 2.

Art. 1524d. POWERS; FEES AND TAXES. Any corporation organized

under the provisions of this Act shall have, except as herein

provided, all the powers of private domestic corporations which

have been heretofore organized under the provisions of the laws

of the State of Texas, and shall pay all fees and taxes which are

required to be paid by private domestic corporations organized

and/or existing under the laws of the State of Texas.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 3.

Art. 1524e. REGULATION BY MUNICIPALITIES OR COUNTIES. The rents,

charges, capital structure, rate of return and areas and method

of operation of any corporation organized under the provisions of

Section 1 hereof shall be regulated, as hereinafter provided, by

the governing body of any municipality or county where the

properties to be owned or operated are situated outside the

corporate limits of any organized town, city or village in which

said corporation owns and operates any property. Should any such

corporation own and operate properties in more than one

municipality, the governing body of each municipality or county,

where the properties to be owned or operated are situated outside

the corporate limits of any organized town, city or village in

which property of the corporation is situated, shall regulate in

the manner prescribed by this Act the rents, charges, rate of

return and area and method of operation of the property located

within the territorial limits of such municipality or county,

where the properties to be owned or operated are situated outside

the corporate limits of any organized town, city or village,

provided the governing body of a county shall not have the

jurisdiction of regulation of property of such corporation

situated within the corporate limits of a town, village, or city.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 4.

Art. 1524f. RATE OF RETURN RESTRICTED. The governing body fixing

the rate of return for a corporation organized under the

provisions of Section 1 of this Act shall not fix such rates of

return to yield a net amount in excess of eight (8%) per cent

upon the invested capital of such corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 5.

Art. 1524g. RULES AND REGULATIONS TO BE PRESCRIBED AND PLANS

APPROVED. Such governing body may establish rules and

regulations governing its procedure for hearings in fixing or

amending orders or ordinances fixing the rents, charges, rate of

return and areas and methods of corporations organized under the

provisions of Section 1 hereof, and before any building is

erected by such corporation, the detailed plans and

specifications thereof, must be approved by the governing body of

the municipality or county, where the properties to be owned or

operated are situated outside the corporate limits of any

organized town, city or village in which such building is to be

erected.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 6.

Art. 1524h. APPEAL FROM ORDER FIXING RATE OF RETURN. Any

corporation organized and existing under and by virtue of

provisions of Section 1 hereof, which shall be dissatisfied with

any rents, charges, rate of return and area and method of

operation which is fixed or may be fixed or may be changed by any

governing body, may, by giving to such governing body ten (10)

days notice by registered mail of its intention thereof, appeal

to any district court of the county wherein the property which is

affected is situated. The appeal shall be perfected by filing

suit in the district court of the county in which the property is

situated within ten (10) days after the giving of such notice,

and the filing of such suit shall suspend the order, rule,

regulation, or ordinance from which the appeal is perfected. The

municipality or county, where the properties to be owned or

operated are situated outside the corporate limits of any

organized town, city or village shall be defendant in said suit.

The trial shall be de novo, and Court, upon a hearing, shall, by

its judgment, regulate the rents, charges, rate of return, areas

and method of operation of the corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 7.

Art. 1524i. LOANS FROM RECONSTRUCTION FINANCE CORPORATION. Any

corporation created under the provisions of this Act, in addition

to the powers herein granted, shall have full power and authority

to do all things necessary to secure loans from the

Reconstruction Finance Corporation under the rules and

regulations prescribed by said Reconstruction Finance

Corporation.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 8.

Art. 1524j. ANTI-TRUST LAWS NOT AFFECTED. Provided that nothing

in this Act shall in anywise affect or nullify the Anti-trust

laws of this State.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 9.

Art. 1524k. RESTRAINING VIOLATION OF ORDERS, RULES OR

REGULATIONS; PUNISHMENT FOR VIOLATION OF INJUNCTION. If any

agent, servant, officer or employee of any corporation created

under the provisions of this Act shall wilfully violate any

order, rule, regulation or ordinance fixing rents, charges, rate

of return, areas and method of operation, the District Court of

the County in which the property of such corporation is situated,

upon application of the governing body of the municipality or

county, where the properties to be owned or operated are situated

outside the corporate limits of any organized town, city or

village wherein the corporation owns property, may issue during

its term or in vacation a temporary writ of injunction

restraining such agents, servants, officers or employees from any

violation of such order, rule, regulation or ordinance and which

temporary writ of injunction may be made permanent upon notice

and hearing in the manner now provided by law. No bond shall be

required before issuing any such temporary or permanent

injunction and if any such injunction is violated by the agents,

servants, officers or employees of said corporation, the Court,

in addition to its power to punish for contempt, may order that

the building of such corporation shall not be used or occupied

for any period not to exceed one year but the Court shall permit

said building to be occupied or used if the owner, lessee, tenant

or occupant thereof shall give bond with sufficient surety to be

provided by the Court in the sum of not less than Five Hundred

($500.00) Dollars nor more than One Thousand ($1,000.00) Dollars,

payable to the Judge of said Court, conditioned that said

corporation, its agents, servants, officers or employees will

thereafter comply with the orders, rules, regulations or

ordinances which have been or may be promulgated, fixing the

rents, charges, or rate of return, areas and methods of operation

of said corporation and that it will pay all fines and costs that

may be assessed in contempt proceedings against its agents,

servants, officers and employees for the violation of any writ of

injunction existing, or which may thereafter be issued.

Acts 1932, 42nd Leg., 3rd C.S., p. 107, ch. 42, Sec. 10. Amended

by Acts 1989, 71st Leg., ch. 1039, Sec. 4.08, eff. Sept. 1, 1989.