Texas Health and Safety Code Chapter 61 – Indigent Health Care and Treatment Act

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Terms Used In Texas Health and Safety Code Chapter 61 - Indigent Health Care and Treatment Act

• Accommodation : means any apartment, condominium or cooperative unit, hotel or motel room, cabin, lodge, or other private or commercial structure that:
  (A) is affixed to real property;
  (B) is designed for occupancy or use by one or more individuals; and
  (C) is part of a timeshare plan. See Texas Property Code 221.002
• Adjourn : A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Affidavit : means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
• Affidavit : A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amenities : means all common areas and includes recreational and maintenance facilities of the timeshare plan. See Texas Property Code 221.002
• Answer : The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal : A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal : A determination of property value.
• Assets : (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association : means a council or association composed of all persons who have purchased a timeshare interest. See Texas Property Code 221.002
• Board : means the governing body of a timeshare association designated in a project instrument to act on behalf of the association. See Texas Property Code 221.002
• Commission : means the Texas Real Estate Commission. See Texas Property Code 221.002
• Comptroller : means the state comptroller of public accounts. See Texas Government Code 312.011
• Contract : A legal written agreement that becomes binding when signed.
• Damages : Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed : The legal instrument used to transfer title in real property from one person to another.
• Dependent : A person dependent for support upon another.
• Developer : means :
  (A) any person, excluding a sales agent, who creates a timeshare plan or is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests; or
  (B) any person who succeeds in the developer's interest by sale, lease, assignment, mortgage, or other transfer if the person:
  (i) offers at least 12 timeshare interests in a particular timeshare plan; and
  (ii) is in the business of selling timeshare interests or employs a sales agent to sell timeshare interests. See Texas Property Code 221.002
• disposition : means a voluntary transfer of any legal or equitable timeshare interest but does not include the transfer or release of a real estate lien or of a security interest. See Texas Property Code 221.002
• Effects : includes all personal property and all interest in that property. See Texas Government Code 312.011
• Escrow : Money given to a third party to be held for payment until certain conditions are met.
• Evidence : Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exchange company : means any person who owns or operates an exchange program. See Texas Property Code 221.002
• Executive session : A portion of the Senate's daily session in which it considers executive business.
• Fiscal year : The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud : Intentional deception resulting in injury to another.
• Gift : A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• in writing : includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
• Justice : when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
• Lawsuit : A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease : A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
• Lien : A claim against real or personal property in satisfaction of a debt.
• Litigation : A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Managing entity : means the person responsible for operating and maintaining a timeshare property. See Texas Property Code 221.002
• Month : means a calendar month. See Texas Government Code 312.011
• Multisite timeshare plan : means a plan in which a timeshare purchaser has:
  (A) a specific timeshare interest, which is the right to use and occupy accommodations at a specific timeshare property and the right to use and occupy accommodations at one or more other component sites created by or acquired solely through the reservation system of the timeshare plan; or
  (B) a nonspecific timeshare interest, which is the right to use and occupy accommodations at more than one component site created by or acquired solely through the reservation system of the timeshare plan but which does not include a right to use and occupy a particular accommodation. See Texas Property Code 221.002
• Obligation : An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• offer : means any advertisement, inducement, or solicitation and includes any attempt to encourage a person to purchase a timeshare interest other than as a security for an obligation. See Texas Property Code 221.002
• Person : includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
• Personal property : All property that is not real property.
• Population : means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
• Power of attorney : A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
• Probation officers : Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Project instrument : means a timeshare instrument or one or more recordable documents, by whatever name denominated, applying to the whole of a timeshare project and containing restrictions or covenants regulating the use, occupancy, or disposition of units in a project, including a declaration for a condominium, association articles of incorporation, association bylaws, and rules for a condominium in which a timeshare plan is created. See Texas Property Code 221.002
• Promotion : means any program, activity, contest, or gift, prize, or other item of value used to induce any person to attend a timeshare sales presentation. See Texas Property Code 221.002
• Property : means real and personal property. See Texas Government Code 311.005
• Purchaser : means any person, other than a developer, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare interest other than as a security for an obligation. See Texas Property Code 221.002
• Quorum : The number of legislators that must be present to do business.
• Real property : Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder : An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission : The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Rule : includes regulation. See Texas Government Code 311.005
• Settlement : Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Signed : includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
• Statute : A law passed by a legislature.
• Testify : Answer questions in court.
• Testimony : Evidence presented orally by witnesses during trials or before grand juries.
• Timeshare disclosure statement : means a written statement that includes the information required by § 221. See Texas Property Code 221.002
• Timeshare estate : means an arrangement under which the purchaser receives a right to occupy a timeshare property and an estate interest in the real property. See Texas Property Code 221.002
• Timeshare instrument : means a master deed, master lease, declaration, or any other instrument used in the creation of a timeshare plan. See Texas Property Code 221.002
• Timeshare interest : means a timeshare estate or timeshare use. See Texas Property Code 221.002
• Timeshare period : means the period within which the purchaser of a timeshare interest is entitled to the exclusive possession, occupancy, and use of an accommodation. See Texas Property Code 221.002
• Timeshare plan : means any arrangement, plan, scheme, or similar method, excluding an exchange program but including a membership agreement, sale, lease, deed, license, or right-to-use agreement, by which a purchaser, in exchange for consideration, receives an ownership right in or the right to use accommodations for a period of time less than a year during a given year, but not necessarily consecutive years. See Texas Property Code 221.002
• Timeshare property : means :
  (A) one or more accommodations and any related amenities subject to the same timeshare instrument; and
  (B) any other property or property rights appurtenant to the accommodations and amenities. See Texas Property Code 221.002
• Tort : A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• United States : includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
• Week : means seven consecutive days. See Texas Government Code 311.005
• Written : includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
• Year : means 12 consecutive months. See Texas Government Code 311.005