reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.108. Governmental Functions

Sec. 431.108.  GOVERNMENTAL FUNCTIONS.  (a)  A local government corporation is a governmental unit as that term is used in Chapter 101, Civil Practice and Remedies Code.
(b)  The operations of a local government corporation are governmental, not proprietary, functions.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.109. Contracts for Historically Underutilized Businesses

Sec. 431.109.  CONTRACTS FOR HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  This section applies only to a local government corporation serving a county with a population of more than 3.3 million.
(b)  A local government corporation shall set and make a good faith effort to meet or exceed goals for awarding contracts or subcontracts associated with a project it operates, maintains, or constructs to historically underutilized businesses.
(c)  The goals must equal or exceed:
(1)  the federal requirement on federal money used in highway construction and maintenance;  and
(2)  the goals adopted by the department under Section 201.702.
(d)  The goals apply to the total value of all contracts and subcontracts awarded, including contracts and subcontracts for construction, maintenance, operations, supplies, services, materials, equipment, professional services, the issuance of bonds, and bond counsel.
(e)  In this section, "historically underutilized business" means:
(1)  a corporation formed for the purpose of making a profit in which at least 51 percent of all classes of the shares of stock or other equitable securities is owned, managed, and in daily operations controlled by one or more persons who have been historically underutilized because of their identification as members of certain groups, including African Americans, Hispanic Americans, women, Asian Pacific Americans, and Native Americans, who have suffered the effects of discriminatory practices or similar invidious circumstances over which they have no control;
(2)  a sole proprietorship formed for the purpose of making a profit that is 100 percent owned and in daily operation is controlled by a person described by Subdivision (1);
(3)  a partnership formed for the purpose of making a profit in which at least 51 percent of the assets and interest in the partnership are owned by one or more persons described by Subdivision (1) and who also have proportionate interest in the control, daily operation, and management of the partnership's affairs;
(4)  a joint venture in which each entity in the joint venture is a historically underutilized business;  or
(5)  a supplier contract between a historically underutilized business and a prime contractor under which the historically underutilized business is directly involved in the manufacture or distribution of the supplies or materials or otherwise warehouses and ships the supplies or materials.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 132, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.110. Competitive Bidding Exception for Certain Improvements

Sec. 431.110.  COMPETITIVE BIDDING EXCEPTION FOR CERTAIN IMPROVEMENTS.  Any competitive bidding requirement or restriction on a local government that created a local government corporation does not apply to an expenditure by the local government corporation for:
(1)  an improvement:
(A)  that is constructed in a reinvestment zone; and
(B)  the construction of which is managed by a private venture participant; or
(2)  an improvement constructed by the corporation for which more than 50 percent of the construction is funded by a private entity.
Added by Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 16, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.141. Amendment

Sec. 431.141.  AMENDMENT.  The articles of incorporation of a corporation created under this chapter may be amended only as provided by this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.142. Amendment by Board of Directors

Sec. 431.142.  AMENDMENT BY BOARD OF DIRECTORS.  (a)  The board at any time may file with the commission a written application requesting that the commission approve an amendment to the articles of incorporation.
(b)  The application must specify the proposed amendment.
(c)  The board shall amend the articles if the commission by resolution:
(1)  determines that it is advisable to adopt the proposed amendment;
(2)  authorizes the adoption of the amendment;  and
(3)  approves the form of the amendment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.143. Amendment by Commission

Sec. 431.143.  AMENDMENT BY COMMISSION.  The commission, at its sole discretion, may amend the articles of incorporation at any time by:
(1)  adopting the amendment by resolution;  and
(2)  delivering the articles of amendment to the secretary of state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.144. Contents of Articles of Amendment

Sec. 431.144.  CONTENTS OF ARTICLES OF AMENDMENT.  The articles of amendment must:
(1)  state the name of the corporation;
(2)  if the amendment alters a provision of the articles of incorporation, identify by reference or describe the altered provision and include its text as it is amended;
(3)  if the amendment is an addition to the articles of incorporation, state that fact and include the text of each provision added;  and
(4)  state that the amendment was adopted or was approved by the commission and give the date the commission adopted or approved the amendment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.145. Execution and Verification of Articles of Amendment

Sec. 431.145.  EXECUTION AND VERIFICATION OF ARTICLES OF AMENDMENT.  (a)  Articles of amendment adopted by the board shall be executed by:
(1)  the president or vice-president of the corporation;  and
(2)  the secretary or assistant secretary of the corporation.
(b)  Articles of amendment adopted by the commission shall be executed by:
(1)  the presiding officer of the commission;  and
(2)  the secretary or clerk of the commission.
(c)  One of the officers signing the articles shall verify each of the articles of amendment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.146. Delivery and Filing of Articles of Amendment

Sec. 431.146.  DELIVERY AND FILING OF ARTICLES OF AMENDMENT.  (a)  Three originals of the articles of amendment shall be delivered to the secretary of state.
(b)  The secretary of state shall determine whether the articles of amendment conform to this chapter.  On determination that the articles conform to this chapter and on receipt of a $25 fee, the secretary of state shall:
(1)  endorse on each original the word "filed" and the date of the filing;
(2)  file one of the originals in the secretary's office;
(3)  issue two certificates of amendment;
(4)  attach to each certificate one of the originals;  and
(5)  deliver a certificate of amendment and the attached articles of amendment to:
(A)  the corporation or its representative;  and
(B)  the commission.
(c)  On the issuance of the certificate of amendment, the amendment is effective and the articles of incorporation are amended accordingly.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.147. Suits Not Affected

Sec. 431.147.  SUITS NOT AFFECTED.  (a)  An amendment to the articles of incorporation does not affect:
(1)  any existing cause of action in favor of or against the corporation;
(2)  any pending suit to which the corporation is a party;  or
(3)  the existing rights of any person.
(b)  If an amendment to the articles of incorporation changes the name of the corporation, a suit brought by or against the corporation under its former name does not abate for that reason.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.148. Restatement of Articles

Sec. 431.148.  RESTATEMENT OF ARTICLES.  A corporation, by following the procedure to amend the articles of incorporation in this subchapter, including obtaining the approval of the commission, may authorize, execute, and file restated articles of incorporation as provided by this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 431.149.  RESTATEMENT WITHOUT ADDITIONAL AMENDMENT.  (a)  A corporation may, without making any additional amendment, restate the entire text of the articles of incorporation as amended or supplemented by all certificates of amendment previously issued by the secretary of state.
(b)  The introductory paragraph of a restatement under this section must contain a statement that the restatement:
(1)  accurately copies the articles of incorporation and all amendments to the articles that are in effect;  and
(2)  does not contain any additional amendments to the articles.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.150. Restatement With Additional Amendment

Sec. 431.150.  RESTATEMENT WITH ADDITIONAL AMENDMENT.  (a)  A corporation may:
(1)  restate the entire text of the articles of incorporation as amended or supplemented by all certificates of amendment previously issued by the secretary of state;  and
(2)  as part of the restatement, make additional amendments to the articles.
(b)  A restatement under this section must:
(1)  state that any additional amendment to the articles of incorporation conforms to this chapter;
(2)  contain any statement required by this subchapter for articles of amendment except that the full text of any additional amendment is not required to be presented other than in the restatement itself;
(3)  contain a statement that:
(A)  the restatement is an accurate copy of the articles of incorporation and all amendments to the articles that are in effect and all additional amendments made to the articles;  and
(B)  the restatement does not contain any other change;  and
(4)  restate the text of the entire articles of incorporation as amended or supplemented by all certificates of amendment previously issued by the secretary of state and as additionally amended by the restated articles of incorporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.151. Change in Board Information Not Amendment

Sec. 431.151.  CHANGE IN BOARD INFORMATION NOT AMENDMENT.  For the purposes of Sections 431.149 and 431.150, substituting in the restated articles of incorporation the number, names, and addresses of the directors for the initial board or omitting the name and address of each incorporator is not an amendment or change in the articles of incorporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.152. Execution and Verification of Restatement of Articles

Sec. 431.152.  EXECUTION AND VERIFICATION OF RESTATEMENT OF ARTICLES.  (a)  Originals of the restated articles of incorporation shall be executed by:
(1)  the president or vice-president of the corporation;  and
(2)  the secretary or assistant secretary of the corporation.
(b)  One of the officers signing the restated articles shall verify each of the restated articles.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter E. Amendment or Restatement of Articles of Incorporation › Section 431.153. Delivery and Filing of Restatement of Articles

Sec. 431.153.  DELIVERY AND FILING OF RESTATEMENT OF ARTICLES.  (a)  Three originals of the restated articles of incorporation shall be delivered to the secretary of state.
(b)  The secretary of state shall determine whether the restated articles conform to this chapter.  On a determination that the restated articles conform to law and on receipt of a $50 fee, the secretary of state shall:
(1)  endorse on each original the word "filed" and the date of the filing;
(2)  file one of the originals in the secretary's office;
(3)  issue two restated certificates of incorporation;
(4)  attach to each certificate one of the original restated articles;  and
(5)  deliver a restated certificate of incorporation and the attached restated articles to:
(A)  the corporation or its representative;  and
(B)  the governing body of the entity that created the corporation.
(c)  On the issuance of the restated certificate of incorporation, the original articles of incorporation and all amendments to the original articles are superseded.  The restated articles of incorporation become the articles of incorporation of the corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter F. Alteration or Dissolution of Corporation › Section 431.181. Alteration or Dissolution by Commission

Sec. 431.181.  ALTERATION OR DISSOLUTION BY COMMISSION.  (a)  At any time the commission in its sole discretion may:
(1)  alter the structure, organization, programs, or activities of a corporation;  or
(2)  dissolve a corporation.
(b)  The authority of the commission under this section is limited only by:
(1)  any law of this state prohibiting the impairment of a contract entered into by a corporation;  and
(2)  any provision of this subchapter relating to alteration or dissolution.
(c)  The commission must make an alteration or dissolution under this section by a written resolution.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter F. Alteration or Dissolution of Corporation › Section 431.182. Dissolution by Board on Completion of Purpose

Sec. 431.182.  DISSOLUTION BY BOARD ON COMPLETION OF PURPOSE.  The board, with the approval by written resolution of the commission, shall dissolve the corporation as provided by this subchapter if the board by resolution determines that:
(1)  the purposes for which the corporation was formed have been substantially fulfilled;  and
(2)  all obligations of the corporation have been fully paid.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter F. Alteration or Dissolution of Corporation › Section 431.183. Execution of Articles of Dissolution

Sec. 431.183.  EXECUTION OF ARTICLES OF DISSOLUTION.  Articles of dissolution shall be executed by:
(1)  the president or vice-president of the corporation and the secretary or assistant secretary of the corporation;  or
(2)  any two members of the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter F. Alteration or Dissolution of Corporation › Section 431.184. Delivery and Filing of Articles of Dissolution

Sec. 431.184.  DELIVERY AND FILING OF ARTICLES OF DISSOLUTION.  (a)  Three originals of the articles of dissolution shall be delivered to the secretary of state.
(b)  The secretary of state shall determine whether the articles of dissolution conform to this chapter.  On a determination that the articles conform and on receipt of a $50 fee, the secretary of state shall:
(1)  endorse on each original the word "filed" and the date of the filing;
(2)  file one of the originals in the secretary's office;
(3)  issue two certificates of dissolution;
(4)  attach to each certificate an original of the articles of dissolution;  and
(5)  deliver a certificate and the attached articles of dissolution to:
(A)  the representative of the dissolved corporation;  and
(B)  the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter F. Alteration or Dissolution of Corporation › Section 431.185. Effect of Issuance of Certificate of Dissolution

Sec. 431.185.  EFFECT OF ISSUANCE OF CERTIFICATE OF DISSOLUTION.  The corporate existence ends on the issuance of the certificate of dissolution except for:
(1)  the purpose of any ongoing suit or other proceeding;  and
(2)  corporate action by a director or officer under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter F. Alteration or Dissolution of Corporation › Section 431.186. Assets on Dissolution

Sec. 431.186.  ASSETS ON DISSOLUTION.  On dissolution or liquidation of a corporation, the title to all assets, including funds and property, shall be transferred to the commission unless the corporation is a local government corporation, in which case the title shall be transferred to the local governments that created the corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter A. General Provisions › Section 441.001. Definitions

Sec. 441.001.  DEFINITIONS.  In this chapter:
(1)  "Approval statement" means a statement that a governmental entity issues to a petitioner under Section 441.015.
(2)  "Bonds" includes notes, warrants, or other evidence of indebtedness.
(3)  "District" means a road utility district.
(4)  "Governmental entity" means a municipality, a county, or the department.
(5)  "Road" means a graveled or paved road or turnpike that serves or is intended to serve as an arterial or main feeder road under standards the commission prescribes.
(6)  "Road facility" means:
(A)  a road constructed, acquired, or improved by a district;  or
(B)  property, an easement, or works constructed, acquired, or improved by a district and necessary or appropriate for or in aid of the improvement of a river, creek, or stream to prevent overflow or the construction and maintenance of a pool, lake, reservoir, dam, canal, or waterway for the purpose of drainage, if the property, easement, or works is related to or in furtherance of the construction, acquisition, or improvement of a road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter A. General Provisions › Section 441.002. Commission Rules

Sec. 441.002.  COMMISSION RULES.  The commission may adopt rules to implement this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.011. Creation; Purpose

Sec. 441.011.  CREATION;  PURPOSE.  A district may be created under Section 52, Article III, Texas Constitution, to construct, acquire, improve, and provide financing for a road facility as provided by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.012. Territory

Sec. 441.012.  TERRITORY.  A district may contain all or part of one or more counties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.013. Submission of Preliminary Plan

Sec. 441.013.  SUBMISSION OF PRELIMINARY PLAN.  Before submitting a petition to create a district under Section 441.018, a person must submit a preliminary plan for each road facility the district is to construct, acquire, or improve to each governmental entity to which the road facility is to be conveyed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.014. Review of Preliminary Plan

Sec. 441.014.  REVIEW OF PRELIMINARY PLAN.  (a)  Not later than the 120th day and not earlier than the 90th day after the date a preliminary plan is submitted under Section 441.013, the governmental entity shall determine whether:
(1)  the plan meets the governmental entity's requirements;  and
(2)  to approve the plan and accept the conveyance of the road facilities as provided by this chapter.
(b)  The governmental entity shall consult with the person submitting the plan and, with that person's agreement, make changes necessary to make the plan comply with the governmental entity's requirements.  The governmental entity's requirements may include specific designations of the characters of title to be required on conveyance.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.015. Granting or Denying Approval of Preliminary Plan

Sec. 441.015.  GRANTING OR DENYING APPROVAL OF PRELIMINARY PLAN.  (a)  The governing body of a governmental entity that approves a preliminary plan and is willing to accept conveyance of the road facilities on acquisition or completion of construction or improvement shall:
(1)  issue an order approving the plan;  and
(2)  give the person who submitted the plan a written approval statement.
(b)  An approval statement must state that the governmental entity approves the preliminary plan and will accept conveyance of the road facilities on acquisition or on completion of construction or improvement.
(c)  If the governmental entity does not approve the plan and is not willing to accept a conveyance of the road facilities, the governing body of the governmental entity shall issue an order denying approval of the preliminary plan and refusing conveyance of the road facilities.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.016. Approval of Multiple Governmental Entities

Sec. 441.016.  APPROVAL OF MULTIPLE GOVERNMENTAL ENTITIES.  (a)  If road facilities constructed, acquired, or improved by a district are to be conveyed to more than one governmental entity, each governmental entity must:
(1)  approve the plans for the road facilities to be conveyed to it;  and
(2)  issue an approval statement for those road facilities.
(b)  The procedures in this chapter relating to approval and conveyance of a road facility to a governmental entity apply to each governmental entity to which a road facility is to be conveyed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.017. Approval of Preliminary Plan for Road Facility in Municipality or Municipality's Extraterritorial Jurisdiction

Sec. 441.017.  APPROVAL OF PRELIMINARY PLAN FOR ROAD FACILITY IN MUNICIPALITY OR MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION.  (a)  This section applies only to a district that:
(1)  is located in whole or part in a municipality or the extraterritorial jurisdiction of a municipality;  and
(2)  constructs, acquires, or improves a road facility that is to be:
(A)  located in a municipality or a municipality's extraterritorial jurisdiction;  and
(B)  conveyed to the county under Section 441.133.
(b)  A county may not approve a preliminary plan or issue an approval statement for a road facility to which this section applies unless the person who seeks the approval agrees in writing to comply with the municipality's requirements for construction, acquisition, or improvement of a road facility in the municipality or the municipality's extraterritorial jurisdiction.  The county shall consult the municipality to ensure that the preliminary plan complies with those requirements.
(c)  Not later than the 55th day after the date the plan is filed with the county, a municipality must complete its review of the plan and issue to the county and the person who submitted the plan a written statement approving the plan as complying with the municipality's requirements.  Except as provided by Subsection (d):
(1)  the county may not issue an approval statement under Section 441.015 until it receives the written statement from each municipality;  and
(2)  the person petitioning for creation of the district must submit the municipality's written statement in addition to other required documents.
(d)  If a municipality does not timely file its statement with the county:
(1)  the municipality waives its right to review and approve the plan;
(2)  the county may issue the approval statement without the municipality's statement;
(3)  the person who submitted the plan may petition for creation of the district without the municipality's statement;  and
(4)  the county shall issue to the person who submitted the plan a letter explaining that the municipality's statement was not timely filed, and the person shall submit the letter with the petition to the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.018. Petition Required

Sec. 441.018.  PETITION REQUIRED.  To create a district a person must file with the commission a petition requesting creation of the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.019. Contents of Petition

Sec. 441.019.  CONTENTS OF PETITION.  (a)  The petition must include:
(1)  the district's name;
(2)  the name of each county in which the district will be located;
(3)  a description of the district's boundaries;
(4)  each petitioner's name;
(5)  a statement that the petitioners hold title to all real property in the district, as shown on county tax rolls;
(6)  the names of suggested temporary directors;
(7)  a brief description of any road facility that the district is to construct, acquire, or improve;
(8)  the amount of bonds estimated to be necessary to finance the proposed construction, acquisition, or improvement;
(9)  the current appraised value of all real property in the district;
(10)  the name of each governmental entity to which the district will convey a road facility;  and
(11)  other information that the commission considers necessary.
(b)  The petition must be signed by the persons holding title to all real property in the district, as shown on county tax rolls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.020. Filing of Preliminary Plan and Approval Statement

Sec. 441.020.  FILING OF PRELIMINARY PLAN AND APPROVAL STATEMENT.  (a)  The petition must be accompanied by a copy of:
(1)  the preliminary plan for any road facility the district is to construct, acquire, and improve;  and
(2)  each required approval statement.
(b)  The commission may not consider a petition or approve a district unless each required approval statement for the district is filed with the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.021. Petition Fee

Sec. 441.021.  PETITION FEE.  (a)  The petition must be accompanied by a reasonable fee in an amount determined by the commission not to exceed $5,000. The commission may not refund the fee or any part of the fee.
(b)  The commission shall use the fee to pay costs of processing the petition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.022. Hearing Required

Sec. 441.022.  HEARING REQUIRED.  (a)  As soon as practicable after the petition, preliminary plan, and each required approval statement is filed with the commission, the commission shall call and hold a hearing on the petition and preliminary plan.
(b)  The hearing may be in Travis County or in a county in which all or part of the district is to be located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.023. Notice of Hearing

Sec. 441.023.  NOTICE OF HEARING.  (a)  In addition to the notice requirements of Chapter 2001, Government Code, and not later than the 10th day before the date of the hearing, the commission shall give written notice of the hearing to:
(1)  the commissioners court of each county in which all or part of the district is to be located;  and
(2)  the governing body of each municipality in which or in the extraterritorial jurisdiction of which the district is to be located.
(b)  Once a week for two consecutive weeks the commission shall publish notice of the hearing in a newspaper of general circulation in each county in which the district is to be located.  The first publication must be not later than 30 days before the date of the hearing.
(c)  Not later than 30 days before the date of the hearing, the commission shall mail notice of the hearing by first class mail to each owner of real property to be included in the district, as shown on the county tax rolls.
(d)  A county, municipality, or property owner receiving notice under Subsection (a) or (c) may appear at the hearing through an official representative or in person and may present testimony and evidence relating to the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.024. Granting or Denying Petition

Sec. 441.024.  GRANTING OR DENYING PETITION.  As soon as practicable after conclusion of the hearing, the commission shall adopt an order:
(1)  granting the creation of the district and approving the plan;  or
(2)  denying the petition and disapproving the plan.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.025. Grounds Requiring Granting of Petition

Sec. 441.025.  GROUNDS REQUIRING GRANTING OF PETITION.  The commission shall grant the creation of the district and approve the plan if it finds that:
(1)  the creation of the district will benefit the real property in the district;
(2)  each proposed road facility is feasible, practicable, and necessary and will benefit the district and the real property in the district;
(3)  each governmental entity to which a road facility is to be conveyed has approved the preliminary plan for the road facility;
(4)  the person seeking approval has agreed in writing to comply with the requirements of each municipality in which or extraterritorial jurisdiction of which a road facility is to be located, if the road facility is to be conveyed to a county;
(5)  each governmental entity to which a road facility is to be conveyed has agreed, by issuing an approval statement, to accept the conveyance;  and
(6)  the district will be financially able to issue and pay its bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.026. Grounds Requiring Denial of Petition

Sec. 441.026.  GROUNDS REQUIRING DENIAL OF PETITION.  The commission shall refuse to authorize creation of the district if the commission:
(1)  finds that creation of the district will benefit none of the real property to be included in the district;  or
(2)  is unable to make any of the findings listed in Sections 441.025(2)-(6).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.027. Other Considerations in Granting or Denying Petition

Sec. 441.027.  OTHER CONSIDERATIONS IN GRANTING OR DENYING PETITION.  Before the commission adopts an order under Section 441.024, it may:
(1)  consult with each governmental entity that has submitted an approval statement regarding suggested changes in the plan;
(2)  suggest or direct that the petitioners change the plan for a district road facility, including deleting a road facility, so as to make the plan acceptable to the commission;  and
(3)  consider the environmental effects of the proposals in the preliminary plan.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.028. Adjustment of Boundaries

Sec. 441.028.  ADJUSTMENT OF BOUNDARIES.  If the commission finds that not all of the real property proposed to be included in the district will be benefitted by the creation of the district, the commission shall:
(1)  make a finding on the lack of benefit;
(2)  exclude from the district real property that will not be benefitted by creation of the district;  and
(3)  redefine the proposed district's boundaries according to the commission's changes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.029. Temporary Directors

Sec. 441.029.  TEMPORARY DIRECTORS.  (a)  If the commission authorizes the creation of the district, it shall appoint five persons from those suggested in the petition to serve as temporary directors of the district.  Not later than the 10th day after the date of appointment, a temporary director shall take the oath of office.
(b)  Temporary directors serve until the directors are elected and have qualified for office.
(c)  If a person appointed by the commission fails to qualify or if a vacancy occurs in the office of temporary director, the commission shall appoint another person to serve as temporary director.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.030. Confirmation Election

Sec. 441.030.  CONFIRMATION ELECTION.  (a)  Not later than the 15th day after the date that all temporary directors have been appointed and have qualified, the temporary directors shall meet and order an election in the boundaries of the proposed district to confirm the creation of the district and elect the directors of the district.
(b)  Section 41.001, Election Code, does not apply to an election under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.031. Notice of Confirmation Election

Sec. 441.031.  NOTICE OF CONFIRMATION ELECTION.  (a)  Not later than the 36th day before the date of the confirmation election, the temporary directors shall publish notice of the election once in one or more newspapers of general circulation in the proposed district.
(b)  The notice must state:
(1)  the date and places for holding the election;
(2)  the proposition to be voted on;  and
(3)  the candidates for director.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.032. Ballot for Confirmation Election

Sec. 441.032.  BALLOT FOR CONFIRMATION ELECTION.  (a)  To have a person's name printed on the ballot as a candidate for director, the person must file a petition with the temporary directors not later than the 31st day before the date of the election.
(b)  The ballot for the election shall be printed to provide for voting for or against the creation of the district and include the names of the persons who have filed as candidates for director.
(c)  A voter is entitled to vote for five candidates for director.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.033. Canvass

Sec. 441.033.  CANVASS.  The temporary directors shall canvass the returns and declare the results.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.034. Effect of Confirmation Election

Sec. 441.034.  EFFECT OF CONFIRMATION ELECTION.  (a)  If the majority of the votes received in the election favor creation of the district, the temporary directors shall declare the district created.  If the majority of the votes received in the election are against the creation of the district, the temporary directors shall declare the district defeated.  The temporary directors shall enter the results in their minutes and file a copy of the results with the commission.
(b)  If the district is created, the temporary directors shall declare the five candidates who received the highest number of votes to be elected as the directors of the district.  If two or more candidates tie for the fifth highest number of votes, the temporary directors shall select the fifth director by lot from those tying for that position.
(c)  The two directors elected with the fewest votes serve until the qualification of two directors elected at the next regular directors' election.  The three other directors serve until the qualification of three directors elected at the second regular directors' election.
(d)  If the district is defeated, another election may not be held to create the district, except that owners of the real property in the proposed district may petition the commission again for creation of a district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter B. Creation of District › Section 441.035. Including Bond Proposition at Election

Sec. 441.035.  INCLUDING BOND PROPOSITION AT ELECTION.  (a)  At the election, the temporary directors may include a separate ballot proposition to approve the issuance by the district of bonds payable from ad valorem taxes.
(b)  If a bond proposition is to be included, the election notice under Section 441.031 must state the bond proposition.
(c)  The bond proposition shall be printed to provide for voting for or against the issuance of bonds and the imposition of ad valorem taxes for payment of the bonds.
(d)  The temporary directors shall file a copy of the bond election results in their records and with the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.071. Board of Directors

Sec. 441.071.  BOARD OF DIRECTORS.  Except as provided by Section 441.072, a district is governed by a board of directors composed of five members elected as provided by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.072. Board of Directors in Certain Districts

Sec. 441.072.  BOARD OF DIRECTORS IN CERTAIN DISTRICTS.  (a)  The governing body of a governmental entity to which a road facility has been conveyed under Section 441.133 is the ex officio board of directors of the district making the transfer if:
(1)  all district road facilities are conveyed only to that governmental entity;
(2)  all construction, acquisition, and improvement of road facilities provided for in the plan approved by the commission have been completed;
(3)  the board of directors consents to the transfer of powers and duties to the governing body of the governmental entity;
(4)  the governing body of the governmental entity consents to assuming the administrative powers and duties of the district;  and
(5)  the commission approves the transfer of the powers and duties.
(b)  On the effective date of the transfer of the powers and duties, the board of directors from whom the transfer is made is dissolved.  On and after that date the administrative powers and duties transferred are the powers and duties of the governing body of the governmental entity.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.073. Election of Directors

Sec. 441.073.  ELECTION OF DIRECTORS.  (a)  In each year on a uniform election date as provided by Chapter 41, Election Code, an election shall be held in the district to elect the appropriate number of directors.
(b)  To have a person's name printed on the ballot at a directors' election as a candidate for director, the person must file a petition with the secretary of the district not later than the 36th day before the date of the election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.074. Term; Taking Office

Sec. 441.074.  TERM;  TAKING OFFICE.  (a)  A director serves a two-year term.
(b)  A director takes office at the first regular meeting of the board after the director's election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.075. Compensation

Sec. 441.075.  COMPENSATION.  A director is entitled to receive for the director's services:
(1)  not more than $25 a day for each meeting of the board that the director attends;  and
(2)  reimbursement for expenses incurred while engaged in the director's duties for the district as approved by the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.076. Vacancy

Sec. 441.076.  VACANCY.  A vacancy on the board shall be filled for the unexpired term by a person appointed by the remaining directors.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.