The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Attorney General--The Office of the Attorney General, acting through the Bankruptcy and Collections Division of the agency. (2) Board--The Texas Water Development Board. (3) Debt--The dollar amount of all delinquent monetary obligations claimed by the board to be owed, regardless of any legal disability or defense of the debtor. (4) Debtor--Any person or entity liable or potentially liable for an obligation owed to the Texas Water Development Board or against whom a claim or demand for payment has been made by the Texas Water Development Board. (5) Delinquent--Payment is past due, by law or by customary business practice, and all conditions precedent to payment have occurred or been performed. (6) Executive administrator--The executive administrator of the Texas Water Development Board or the executive administrator's designated representative. (7) Judgment--A valid and subsisting judgment of a court of law that is not on appeal, nor void or stale. (8) Make demand--To deliver or cause to be delivered by United States mail, first class, a writing setting forth the nature and amount of the obligation owed to the Texas Water Development Board. A writing making demand is a "demand letter." (9) Obligation--A debt, judgment, claim, account, fee, fine, tax, penalty, interest, loan, charge, or grant. (10) Security--Any right to have property owed by an entity with an obligation to a state agency sold or forfeited in satisfaction of the obligation; and any instrument granting a cause of action in favor of the Texas Water Development Board against another entity and/or that entity's property, such as a bond, letter of credit, or other collateral that has been pledged to the agency to secure an obligation. (11) Uncollectible--As it refers to delinquent obligations, means that circumstances indicate a permanent inability of a debtor to make payments towards the obligation; the debtor has been legally relieved of the obligation; or the debt is legally unenforceable. Such circumstances include, but are not limited to, bankruptcy discharge, the death of the debtor, the revocation of a charter of a debtor corporation without assets, etc. |
