reglab/housing_qa huggingface dataset:
TX Transp Code § 228.056 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter B. Use and Operation of Toll Projects or Systems|Section 228.056. Presumptions; Prima Facie Evidence; Defenses

Sec. 228.056.  PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES.  (a)  In the prosecution of an offense under Section 228.0547, proof that the vehicle was driven or towed through the toll collection facility without payment of the proper toll may be shown by a video recording, photograph, electronic recording, or other appropriate evidence, including evidence obtained by automated enforcement technology.(b)  In the prosecution of an offense under Section 228.0547:(1)  it is presumed that the invoice containing the assessment for the toll was received on the fifth day after the date of mailing;(2)  a computer record of the Texas Department of Motor Vehicles of the registered owner of the vehicle is prima facie evidence of its contents and that the defendant was the registered owner of the vehicle when the toll was incurred; and(3)  a copy of the rental, lease, or other contract document, or the electronic data provided to the department under Section 228.055(d), covering the vehicle on the date the toll was incurred is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the toll was incurred.(c)  It is a defense to prosecution under Section 228.0547 that the motor vehicle in question was stolen before the toll was incurred and had not been recovered before the toll was incurred, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:(1)  the time the toll was incurred; or(2)  eight hours after the discovery of the theft.|Added by Acts 1995, 74th Leg., ch. 872, Sec. 2.15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1246, Sec. 8, eff. Sept. 1, 2001.Transferred from Transportation Code, Section 361.254 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 918 (H.B. 2983), Sec. 2, eff. September 1, 2009.Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2B.02, eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 5, eff. June 17, 2011.Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 34, eff. September 1, 2017.|
TX Transp Code § 228.057 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter B. Use and Operation of Toll Projects or Systems|Section 228.057. Electronic Toll Collection

Sec. 228.057.  ELECTRONIC TOLL COLLECTION.  (a)  For purposes of this section, a "transponder" means a device, placed on or within an automobile, that is capable of transmitting information used to assess or to collect tolls.  A transponder is "insufficiently funded" when there are no remaining funds in the account in connection with which the transponder was issued.(b)  Any peace officer of this state may seize a stolen or insufficiently funded transponder and return it to the department, except that an insufficiently funded transponder may not be seized sooner than the 30th day after the date the department has sent a notice of delinquency to the holder of the account.(c)  The department may enter into an agreement with one or more persons to market and sell transponders for use on department toll roads.(d)  The department may charge reasonable fees for administering electronic toll collection customer accounts.(e)  Electronic toll collection customer account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.(f)  A contract for the acquisition, construction, maintenance, or operation of a toll project must ensure the confidentiality of all electronic toll collection customer account information under Subsection (e).(g)  The department may, following closure of an electronic toll collection customer account and at the request of the account holder, refund the balance of funds in the account after satisfaction of any outstanding tolls and fees.(h)  The department may enter into an agreement with a governmental or private entity regarding the use of a transponder issued by the department and the corresponding electronic toll collection customer account to pay for parking services offered by the entity.(i)  The department shall provide electronic toll collection customers with an option to authorize automatic payment of tolls through the withdrawal of funds from the customer's bank account.|Added by Acts 1995, 74th Leg., ch. 872, Sec. 2.15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1246, Sec. 9, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 312, Sec. 50, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.48, eff. June 21, 2003.Transferred from Transportation Code, Section 361.255 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 6, eff. June 17, 2011.Acts 2019, 86th Leg., R.S., Ch. 956 (S.B. 198), Sec. 1, eff. September 1, 2020.|
TX Transp Code § 228.058 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter B. Use and Operation of Toll Projects or Systems|Section 228.058. Automated Enforcement Technology

Sec. 228.058.  AUTOMATED ENFORCEMENT TECHNOLOGY.  (a)  To aid in the collection of tolls and in the enforcement of toll violations, the department may use automated enforcement technology that it determines is necessary, including automatic vehicle license plate identification photography and video surveillance, by electronic imaging or photographic copying.(b)  Automated enforcement technology approved by the department under Subsection (a) may be used only for the purpose of producing, depicting, photographing, or recording an image that depicts that portion of a vehicle necessary to establish the classification of vehicle and the proper toll to be charged, the license plate number, and the state of registration, including an image:(1)  of a license plate attached to the front or rear of a vehicle; and(2)  showing the vehicle dimensions, the presence of a trailer, and the number of axles.(c)  This section does not authorize the use of automated enforcement technology for any other purpose.(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 4.07, eff. September 1, 2007.|Added by Acts 2001, 77th Leg., ch. 1246, Sec. 10, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 51, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.49, eff. June 21, 2003.Transferred from Transportation Code, Section 361.256 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 4.07, eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 7, eff. June 17, 2011.|
TX Transp Code § 228.059 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter B. Use and Operation of Toll Projects or Systems|Section 228.059. Toll Collection and Enforcement by Other Entity

Sec. 228.059.  TOLL COLLECTION AND ENFORCEMENT BY OTHER ENTITY.  (a)  An entity operating a toll lane pursuant to Section 228.007(b) or under an agreement under Subchapter E, Chapter 223, has, with regard to toll collection and enforcement for that toll lane, the same powers and duties as the department under this chapter, except as provided by Subsection (b).  The entity may use revenues for improvement, extension, expansion, or maintenance of the toll lane.(b)  Notwithstanding Sections 228.0545, 228.0546, and 228.0547 or other law, a toll collected pursuant to an agreement for tolling services with a toll project entity, as defined by Section 371.001, other than the department is governed by the fee and fine structure of the entity issuing the initial toll invoice.|Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 13.01, eff. June 11, 2007.Amended by: Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 35, eff. September 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 9 (H.B. 1116), Sec. 1, eff. May 15, 2021.|
TX Transp Code § 228.101 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.101. Construction Costs

Sec. 228.101.  CONSTRUCTION COSTS.  (a)  The cost of construction, improvement, extension, or expansion of a toll project or system under this chapter includes the cost of:(1)  the actual acquisition, design, development, planning, financing, construction, improvement, extension, or expansion of the project or system;(2)  acquisition of real property, rights-of-way, property rights, easements, and interests;(3)  the acquisition of machinery, equipment, software, and intellectual property;(4)  interest before, during, and for one year after construction, improvement, extension, or expansion;(5)  traffic estimates, engineering, legal and other advisory services, plans, specifications, surveys, appraisals, cost and revenue estimates, and other expenses necessary or incident to determining the feasibility of the construction, improvement, extension, or expansion;(6)  necessary or incidental administrative, legal, and other expenses;(7)  financing; and(8)  placement of the project or system in operation and expenses related to the initial operation of the project or system.(b)  Costs attributable to a toll project or system for which bonds are issued that are incurred before the issuance of the bonds may be reimbursed from the proceeds of the sale of the bonds.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 920, Sec. 2, eff. June 14, 2001.Transferred from Transportation Code, Section 361.004 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.103 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.103. Applicability of Other Law; Conflicts

Sec. 228.103.  APPLICABILITY OF OTHER LAW; CONFLICTS.  All laws affecting the issuance of bonds by governmental entities, including Chapters 1201, 1202, 1204, 1207, and 1371, Government Code, apply to bonds issued under this subchapter.  To the extent of a conflict between those laws and this subchapter, the provisions of this subchapter prevail.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.386, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 312, Sec. 23, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.23, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.05, eff. Jan. 11, 2004.Transferred from Transportation Code, Section 361.172 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.104 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.104. Payment of Bonds; Credit of State Not Pledged

Sec. 228.104.  PAYMENT OF BONDS; CREDIT OF STATE NOT PLEDGED.  (a)  The principal of, interest on, and any redemption premium on bonds issued by the commission under this subchapter are payable solely from:(1)  the revenue of the toll project or system for which the bonds are issued, including tolls pledged to pay the bonds;(2)  the proceeds of bonds issued for the project or system;(3)  the amounts deposited in a debt service reserve fund as required by the trust agreement securing bonds issued for the project or system;(4)  amounts received under a credit agreement relating to the project or system for which the bonds are issued;(5)  surplus revenue of another project or system as authorized by Section 228.006; and(6)  amounts received by the department:(A)  as pass-through tolls under Section 222.104;(B)  under an agreement with a local governmental entity entered into under Section 228.254;(C)  under other agreements with a local governmental entity relating to the project or system for which the bonds are issued; and(D)  under a comprehensive development agreement entered into under Section 223.201.(b)  Bonds issued under this subchapter do not constitute a debt of the state or a pledge of the faith and credit of the state.  Each bond must contain on its face a statement to the effect that:(1)  the state, the commission, and the department are not obligated to pay the bond or the interest on the bond from a source other than the amount pledged to pay the bond and the interest on the bond; and(2)  the faith and credit and the taxing power of the state are not pledged to the payment of the principal of or interest on the bond.(c)  The commission and the department may not incur financial obligations that cannot be paid from tolls or revenue derived from owning or operating toll projects or systems or from money provided by law.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.06, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 312, Sec. 24, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.24, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.06, eff. Jan. 11, 2004.Transferred from Transportation Code, Section 361.173 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.105 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.105. Sources of Payment of and Security for Toll Revenue Bonds

Sec. 228.105.  SOURCES OF PAYMENT OF AND SECURITY FOR TOLL REVENUE BONDS.  Notwithstanding any other provisions of this subchapter, toll revenue bonds issued by the commission may:(1)  be payable from and secured by:(A)  payments made under an agreement with a local governmental entity as provided by Section 228.254;(B)  the proceeds of bonds issued for the toll project or system;(C)  amounts deposited in a debt service reserve fund as required by the trust agreement securing bonds issued for the project or system; or(D)  surplus revenue of another toll project or system as authorized by Section 228.006; and(2)  state on their faces any pledge of revenue or taxes and any security for the bonds under the agreement.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 25, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.25, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.07, eff. Jan. 11, 2004.Transferred from Transportation Code, Section 361.174 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.106 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.106. Interim Bonds

Sec. 228.106.  INTERIM BONDS.  (a)  The commission may, before issuing definitive bonds, issue interim bonds, with or without coupons, exchangeable for definitive bonds.(b)  An order authorizing interim bonds may provide that the interim bonds recite that the bonds are issued under this subchapter.  The recital is conclusive evidence of the validity and the regularity of the bonds' issuance.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 15.27, eff. June 21, 2003.Transferred from Transportation Code, Section 361.1751 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.107 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.107. Effect of Lien

Sec. 228.107.  EFFECT OF LIEN.  (a)  A lien on or a pledge of revenue, a contract payment, or a pledge of money to the payment of bonds issued under this subchapter is valid and effective in accordance with Chapter 1208, Government Code, and:(1)  is enforceable in any court at the time of payment for and delivery of the bond;(2)  applies to each item on hand or subsequently received;(3)  applies without physical delivery of an item or other act; and(4)  is enforceable in any court against any person having a claim, in tort, contract, or other remedy, against the commission or the department without regard to whether the person has notice of the lien or pledge.(b)  An order authorizing the issuance of bonds is not required to be recorded except in the regular records of the department.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 15.27, eff. June 21, 2003.Transferred from Transportation Code, Section 361.1752 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.108 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.108. Approval of Bonds by Attorney General

Sec. 228.108.  APPROVAL OF BONDS BY ATTORNEY GENERAL.  (a)  The commission shall submit to the attorney general for examination the record of proceedings relating to bonds authorized under this subchapter.  The record shall include the bond proceedings and any contract securing or providing revenue for the payment of the bonds.(b)  If the attorney general determines that the bonds, the bond proceedings, and any supporting contract are authorized by law, the attorney general shall approve the bonds and deliver to the comptroller:(1)  a copy of the legal opinion of the attorney general stating the approval; and(2)  the record of proceedings relating to the authorization of the bonds.(c)  On receipt of the legal opinion of the attorney general and the record of proceedings relating to the authorization of the bonds, the comptroller shall register the record of proceedings.(d)  After approval by the attorney general, the bonds, the bond proceedings, and any supporting contract are valid, enforceable, and incontestable in any court or other forum for any reason and are binding obligations according to their terms for all purposes.|Added by Acts 2003, 78th Leg., ch. 1325, Sec. 15.27, eff. June 21, 2003.Transferred from Transportation Code, Section 361.1753 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.109 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.109. Trust Agreement

Sec. 228.109.  TRUST AGREEMENT.  (a)  Bonds issued under this subchapter may be secured by a trust agreement between the commission and a corporate trustee that is a trust company or a bank that has the powers of a trust company.(b)  A trust agreement may pledge or assign the tolls and other revenue to be received but may not convey or mortgage any part of a toll project or system.(c)  A trust agreement may not evidence a pledge of the revenue of a toll project or system except:(1)  to pay the cost of maintaining, repairing, and operating the project or system;(2)  to pay the principal of, interest on, and any redemption premium on the bonds as they become due and payable;(3)  to create and maintain reserves for the purposes described by Subdivisions (1) and (2), as prescribed by Section 228.053; and(4)  as otherwise provided by law.(d)  Notwithstanding Subsection (c), surplus revenue may be used for a transportation or air quality project as authorized by Section 228.006.(e)  A trust agreement may:(1)  set forth the rights and remedies of the bondholders and the trustee;(2)  restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing corporate bonds and debentures; and(3)  contain provisions the commission determines reasonable and proper for the security of the bondholders.(f)  The expenses incurred in carrying out a trust agreement may be treated as part of the cost of operating the toll project or system.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.08, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 312, Sec. 27, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.28, eff. June 21, 2003.Transferred from Transportation Code, Section 361.176 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.110 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.110. Provisions Protecting and Enforcing Rights and Remedies of Bondholders

Sec. 228.110.  PROVISIONS PROTECTING AND ENFORCING RIGHTS AND REMEDIES OF BONDHOLDERS.  A trust agreement or order providing for the issuance of bonds may contain provisions to protect and enforce the rights and remedies of the bondholders, including:(1)  covenants establishing the commission's duties relating to:(A)  the acquisition of property;(B)  the design, development, financing, construction, improvement, expansion, maintenance, repair, operation, and insurance of the toll project or system in connection with which the bonds were authorized; and(C)  the custody, safeguarding, and application of money;(2)  covenants prescribing events that constitute default;(3)   covenants relating to the rights, powers, liabilities, or duties that arise on the breach of a duty of the commission, including the right of the trustee to bring actions against the commission or the department in any state court to enforce the covenants in the agreement, and the sovereign immunity of the state is waived for that purpose; and(4)  provisions for the employment of consulting engineers in connection with the construction or operation of the project or system.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 28, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.29, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.08, eff. Jan. 11, 2004.Transferred from Transportation Code, Section 361.177 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|
TX Transp Code § 228.111 (2021)
2021 Texas Statutes|Transportation Code|Title 6 - Roadways|Subtitle B - State Highway System|Chapter 228 - State Highway Toll Projects|Subchapter C. Toll Revenue Bonds|Section 228.111. Furnishing of Indemnifying Bonds or Pledge of Securities

Sec. 228.111.  FURNISHING OF INDEMNIFYING BONDS OR PLEDGE OF SECURITIES.  A bank or trust company incorporated under the laws of this state that acts as depository of the proceeds of bonds or of revenue may furnish indemnifying bonds or pledge securities that the department requires.|Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 5.015, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 312, Sec. 29, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.30, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.09, eff. Jan. 11, 2004.Transferred from Transportation Code, Section 361.178 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.|