reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.052. Hearing

Sec. 460.052.  HEARING.  (a)  The commissioners court shall hold a public hearing on creation of an authority not later than the 60th day after the date the commissioners court:
(1)  receives a petition described by Section 460.051(a)(2);  or
(2)  adopts a resolution or order to initiate the process to create an authority.
(b)  Notice of the time and place of the public hearing on the creation of the authority shall be published, beginning at least 30 days before the date of the hearing, once a week for two consecutive weeks in a newspaper of general circulation in the county.
(c)  Each municipality in the county with a population of 12,000 or more shall be notified of the public hearing by notice mailed to the governing body of the municipality.
(d)  Any person may appear at a hearing and offer evidence on:
(1)  the creation of the authority;
(2)  operation of the county transportation system;
(3)  public interest served in the creation of the authority;  or
(4)  other facts relating to the creation of the authority.
(e)  A hearing may be continued until completed.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.053. Resolution or Order

Sec. 460.053.  RESOLUTION OR ORDER.  After the hearing, the commissioners court may adopt a resolution or order:
(1)  designating the name of the authority;
(2)  stating that all land within the county shall be part of the authority;  and
(3)  stating that the territory described in Subdivision (2) is subject to the authority based on the results of the confirmation election.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.054. Membership of Interim Executive Committee

Sec. 460.054.  MEMBERSHIP OF INTERIM EXECUTIVE COMMITTEE.  (a)  After adopting a resolution or order under Section 460.053, the commissioners court and certain municipalities, as provided by this section, shall appoint an interim executive committee for the authority.
(b)  The interim executive committee is composed of:
(1)  one member appointed by the governing body of each municipality with a population of 12,000 or more that is located in the county;
(2)  three members appointed by the commissioners court, two of whom must reside in the unincorporated area of the county;
(3)  three members to be designated by the remaining municipalities with a population of more than 500 but less than 12,000 located in the county; and
(4)  one member appointed by the governing body of each municipality in the county with a population of more than 500 but less than 12,000 that:
(A)  designates a public transportation financing area under Section 460.603;
(B)  enters into an agreement with the authority to provide public transportation services in the public transportation financing area under Subchapter I; and
(C)  did not approve the designation of any member designated under Subdivision (3).
(c)  The members described by Subsection (b)(3) shall be designated as follows:
(1)  each municipality with a population of more than 500 but less than 12,000 located in the county shall nominate one person using a nomination form sent to the governing body of the municipality by mail;
(2)  the county judge shall add the names on the nomination forms that are received before the 31st day after the date of the mailing of the nomination forms;
(3)  each municipality with a population of more than 500 but less than 12,000 located in the county is entitled to cast one vote;
(4)  only ballots returned to the county judge on or before a predetermined date shall be counted;
(5)  the county judge shall designate the three persons with the highest plurality vote as members of the interim executive committee; and
(6)  if three members are not designated by this process, the county judge shall name the balance of the members of the interim executive committee described by Subsection (b)(3).
(d)  The county judge may fill a vacancy in a position described by Subsection (b)(3) by naming a person nominated under Subsection (c) for the unexpired term.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 991 (H.B. 1986), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 594 (S.B. 948), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.055. Duties of Interim Executive Committee

Sec. 460.055.  DUTIES OF INTERIM EXECUTIVE COMMITTEE.  (a)  The interim executive committee shall elect three of its members to serve as the chair, vice chair, and secretary.
(b)  The interim executive committee shall develop a service plan and determine a proposed tax not later than the 180th day after the date of the interim executive committee's first meeting.
(c)  The interim executive committee shall hold at least one regular meeting a month for the purpose of developing a service plan and determining a proposed tax rate.
(d)  The interim executive committee shall consider the following in developing the service plan:
(1)  the regional transportation plan for the county and major thoroughfare plan;
(2)  actual and projected traffic counts of private passenger vehicles and projected destinations of the vehicles;
(3)  feasible alternative modes of public transportation, including:
(A)  a fixed guideway system;
(B)  passenger commercial carriers;
(C)  dedicated thoroughfare lanes;
(D)  fixed skyway rail;
(E)  high occupancy toll lanes;
(F)  traffic management systems;  and
(G)  bus transit and associated lanes;
(4)  the most efficient location of collection points and transfer points;
(5)  alternative routes linking access and discharge points;
(6)  alternative alignments using least populous areas if right-of-way acquisition will be required for a transit route;
(7)  estimates of capital expenditures for a functional public transportation system;
(8)  various forms of public transportation consistent with use of transit routes, including for each form a determination of:
(A)  cost per passenger per mile;
(B)  the capital expense of acquisition of the public transportation system;
(C)  costs associated with the acquisition, improvement, or modification of the transit way;  and
(D)  maintenance and operating costs;
(9)  administrative overhead costs separately from other costs;
(10)  load factors based on surveys, interviews, and other reasonable quantification for the modes of transportation;
(11)  a fare structure for the ridership of the public transportation system by mode;
(12)  a comparison of revenue from all sources, including fares, fees, grants, and debt issuance, with estimated costs and expenses;
(13)  revenue minus expenses expressed numerically and a per rider factor for each trip or segment of a trip;
(14)  if the service plan contemplates joint use of other transit systems or transfer to them, estimated dates of access;  and
(15)  segments of the service plan separately if:
(A)  some segments are more profitable than others;  or
(B)  some segments show a smaller deficit than others.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.056. Approval of Service Plan and Tax Rate

Sec. 460.056.  APPROVAL OF SERVICE PLAN AND TAX RATE.  (a)  On approval by the interim executive committee of the service plan and tax rate, a copy of the plan and tax rate shall be provided to the commissioners court and the governing body of each municipality with a population of 12,000 or more located in the county.
(b)  Notice of the interim executive committee's approval of the service plan and tax rate shall be published in a newspaper of general circulation in the county and mailed to all governing bodies of municipalities with a population of more than 500 located in the county.
(c)  Not later than the 60th day after the date the interim executive committee approves the service plan and tax rate, the governing body of a municipality with a population of 12,000 or more may approve by resolution or order the service plan and tax rate.
(d)  A municipality with a population of 12,000 or more located in the county that does not give its approval under Subsection (c) may not participate in the service plan or the confirmation election for the authority.
(e)  The commissioners court may not order a confirmation election in a municipality with a population of 12,000 or more in which the governing body of the municipality does not approve the service plan and tax rate.
(f)  The board of directors of a confirmed authority may by rule create a procedure by which a municipality described by Subsection (d) may become a participating member of an authority.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.057. Confirmation Election

Sec. 460.057.  CONFIRMATION ELECTION.  (a)  The interim executive committee shall notify the commissioners court of the need to call a confirmation election.
(b)  The commissioners court in ordering the confirmation election shall submit to the qualified voters in the county the following proposition:
"Shall the creation of (name of authority) be confirmed?"
(c)  In addition to other information required by law, the notice of the election must include:
(1)  a brief description of the service plan;  and
(2)  a statement that an imposition of a tax to pay for the service plan must be approved by the voters at a subsequent election.
(d)  The election must be held on a uniform election date.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.058. Conduct of Election

Sec. 460.058.  CONDUCT OF ELECTION.  (a)  A confirmation election shall be conducted so that the votes are separately tabulated and canvassed in order to show the results for:
(1)  each municipality located in the county that passed a resolution or order approving the service plan and tax rate;  and
(2)  the qualified voters in the balance of the county.
(b)  The interim executive committee shall canvass the returns and declare the results of the election.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.059. Results of Election

Sec. 460.059.  RESULTS OF ELECTION.  (a)  If a majority of votes received in the county favor the proposition, the authority is confirmed, except that the authority does not include a municipality with a population of 12,000 or more located in the county in which a majority of the votes did not favor the proposition.
(b)  The authority ceases unless one or more municipalities with a population of 12,000 or more votes in favor of the proposition.
(c)  If the authority is confirmed, the interim executive committee shall record the results in its minutes and adopt an order:
(1)  declaring that the creation of the authority is confirmed;
(2)  stating the date of the election;  and
(3)  showing the number of votes cast for or against the proposition in each municipality that passed a resolution or order approving the service plan and tax rate and in the unincorporated area of the county.
(d)  On adoption of the order confirming the authority, the interim executive committee becomes the board of directors of the authority.
(e)  A certified copy of the order shall be filed with the Texas Department of Transportation and the comptroller of public accounts.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter B. Creation of Authority › Section 460.060. Failure to Confirm Authority

Sec. 460.060.  FAILURE TO CONFIRM AUTHORITY.  (a)  If the authority ceases, the interim executive committee shall record the results of the election in its minutes and adopt an order declaring that the authority is dissolved.
(b)  The county and each municipality that passed a resolution or order approving the service plan and tax rate shall share the expenses of the election proportionately based on the population of the areas in which the election was conducted.
(c)  An authority that has not been confirmed expires on the third anniversary of the effective date of the resolution or order initiating the process to create the authority.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.101. Powers Applicable to Confirmed Authority

Sec. 460.101.  POWERS APPLICABLE TO CONFIRMED AUTHORITY.  This subchapter applies only to an authority that has been confirmed.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.102. Nature of Authority

Sec. 460.102.  NATURE OF AUTHORITY.  (a)  An authority:
(1)  is a governmental body and a corporate body;
(2)  has perpetual succession;  and
(3)  exercises public and essential governmental functions.
(b)  An authority is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the authority are not proprietary functions for any purpose including the application of Chapter 101, Civil Practice and Remedies Code.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.103. General Powers of Authority

Sec. 460.103.  GENERAL POWERS OF AUTHORITY.  (a)  The authority has any power necessary or convenient to carry out this chapter or effect the purpose of this chapter.
(b)  An authority may sue and be sued.  An authority may not be required to give security for costs in a suit brought or prosecuted by the authority and may not be required to post a supersedeas or cost bond in an appeal of a judgment.
(c)  An authority may hold, use, sell, lease, dispose of, and acquire, by any means, property and licenses, patents, rights and other interests necessary, convenient, or useful to the exercise of any power under this chapter.
(d)  An authority may sell, lease, or dispose of in another manner:
(1)  any right, interest, or property of the authority that is not necessary for the efficient operation and maintenance of public transportation;  or
(2)  at any time, surplus materials or other property that is not needed by the authority to carry out a power under this chapter.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.104. Power to Contract; Grants and Loans

Sec. 460.104.  POWER TO CONTRACT;  GRANTS AND LOANS.  (a)  An authority may contract with any person.
(b)  An authority may accept a gift, grant, donation, or loan from any person.
(c)  An authority may enter into an agreement, including an interlocal agreement, with a transportation or transit entity, including a municipality, that is consistent with and beneficial to the service plan approved by the authority.
(d)  An authority may acquire rolling stock or other real or personal property under a contract or trust agreement, including a conditional sales contract, a lease, a lease-purchase agreement, or an equipment trust.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.1041. Liability Limited for Rail Services Under Certain Agreements

Sec. 460.1041.  LIABILITY LIMITED FOR RAIL SERVICES UNDER CERTAIN AGREEMENTS.  (a)  This section applies only to public passenger rail services provided:
(1)  under an agreement between an authority created before January 1, 2005, and a railroad for the provision of public passenger rail services through the use of the railroad's facilities; and
(2)  on freight rail lines and rail rights-of-way that are:
(A)  located in the Interstate 35W/Interstate 35 corridor; or
(B)  a northern extension of existing passenger rail service provided by the authority in the Interstate 35E corridor.
(b)  The aggregate liability of an authority and a railroad that enter into an agreement to provide public passenger rail services, and the governing boards, directors, officers, employees, and agents of the authority and railroad, may not exceed $125 million for all claims for damages arising from a single incident involving the provision of public passenger rail services under the agreement.
(c)  Subsection (b) does not affect:
(1)  the amount of damages that may be recovered under Subchapter D, Chapter 112, or the federal Employers' Liability Act (45 U.S.C. Section 51 et seq.); or
(2)  any immunity, limitation on damages, limitation on actions, or other limitation of liability or protections applicable under other law to an authority or other provider of public passenger rail services.
(d)  The limitation of liability provided by this section does not apply to damages arising from the wilful misconduct or gross negligence of the railroad.
(e)  An authority shall obtain or cause to be obtained insurance coverage for the aggregate liability stated in Subsection (b) with the railroad as a named insured.
Added by Acts 2015, 84th Leg., R.S., Ch. 114 (S.B. 678), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.105. Operation of Public Transportation System

Sec. 460.105.  OPERATION OF PUBLIC TRANSPORTATION SYSTEM.  (a)  An authority may:
(1)  acquire, construct, develop, plan, own, operate, and maintain a public transportation system in the territory of the authority, including the territory of a political subdivision or municipality partially located in the territory of the authority;
(2)  contract with a municipality, county, or other political subdivision for the authority to provide public transportation services outside the authority;
(3)  lease all or part of the public transportation to, or contract for the operation of all or a part of the public transportation system by, an operator;
(4)  contract with a political subdivision or governmental entity to provide public transportation services inside the authority consistent with rules and regulations established by the authority, including capital, maintenance, operation, and other costs specifically approved and audited by the authority; and
(5)  acquire, construct, develop, plan, own, operate, maintain, or manage a public transportation system or project not located in the territory of the authority if the system or project provides a service, benefit, or convenience to the people in the territory of the authority.
(b)  An authority shall determine routes of the public transportation system or approve routes submitted to the authority.
(c)  A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except that an independent contractor of the authority that performs a function of the authority is liable for damages only to the extent that the authority would be liable if the authority or entity itself were performing the function.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 991 (H.B. 1986), Sec. 3, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 594 (S.B. 948), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.106. Authorization of Tax Levy

Sec. 460.106.  AUTHORIZATION OF TAX LEVY.  (a)  An authority may call an authorization election for a tax levy associated with the service plan developed by the interim executive committee or a tax rate that has been modified by action of the authority at any time after the confirmation election that creates the authority.
(b)  The authority in ordering the authorization election shall submit to the qualified voters in the county located in an area participating in the authority the following proposition:
"Shall the (name of authority) levy of a proposed tax, not to exceed (rate), be authorized?"
(c)  An election authorizing a tax levy shall be conducted in the same manner as a confirmation election under Subchapter B.
(d)  Except as provided by Subchapter I, a service plan may be implemented in an area of the county participating in the authority only if a majority of votes received favor the authorization of a tax levy by the authority.
(e)  An authority that does not authorize an initial tax levy at an authorization election expires on the second anniversary of the date the executive committee adopts an order declaring that the creation of the authority is confirmed.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 4, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.107. Acquisition of Property

Sec. 460.107.  ACQUISITION OF PROPERTY.  (a)  As necessary or useful in the construction, repair, maintenance, or operation of a public transportation system, an authority may use a public way, including an alley.
(b)  An authority may acquire by eminent domain any interest in real property, including a fee simple interest and the use of air or subsurface space, except the right of eminent domain may not be exercised:
(1)  in a municipality without the approval of the proposed acquisition by the governing body of the municipality;  or
(2)  in an unincorporated area without the approval of the proposed acquisition by the commissioners court of the county in which the property to be condemned is located.
(c)  If an authority, through the exercise of eminent domain, makes any relocation necessary, relocation assistance shall be provided by the authority as provided by Section 21.046, Property Code.
(d)  An eminent domain proceeding by an authority is initiated by the adoption by the executive committee of a resolution authorizing the exercise that:
(1)  describes the property to be condemned;
(2)  declares the public necessity for the acquisition;  and
(3)  declares that the acquisition is necessary for the construction, extension, improvement, or development of the public transportation system.
(e)  A resolution adopted under this section and approved by the appropriate municipal governing body or commissioners court is conclusive evidence of the public necessity for the acquisition described in the resolution.
(f)  Chapter 21, Property Code, applies to an eminent domain proceeding by an authority.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 114 (S.B. 678), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.108. Agreement With Utilities, Carriers

Sec. 460.108.  AGREEMENT WITH UTILITIES, CARRIERS.  (a)  An authority may agree with any other public or private utility, communication system, common carrier, or transportation system for:
(1)  the joint use of the property or fixtures of the agreeing entities;  and
(2)  the establishment of through routes, joint fares, or transfers of passengers between the agreeing entities.
(b)  If the exercise of a power granted to an authority under this subchapter requires a public utility facility to be relocated, adjusted, raised, lowered, rerouted, or changed as to grade or construction, the authority shall take the required action at the authority's expense.
(c)  An authority may not impose an impact fee or assessment on the property, equipment, or facilities of a utility.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.109. Fares and Use Fees

Sec. 460.109.  FARES AND USE FEES.  (a)  An authority shall impose reasonable and nondiscriminatory fares, tolls, charges, rents, and other forms of compensation for the use of the public transportation system.  The fares and other forms of compensation shall be sufficient to produce revenue, together with tax revenue and grants received by the authority, in an amount adequate to:
(1)  pay annually the expenses necessary to operate and maintain the public transportation system;
(2)  pay as due the principal of and interest on, and sinking fund or reserve fund payments agreed to be made with respect to, all bonds that are issued by the authority and payable in whole or part from the revenue;  and
(3)  fulfill the terms of any other agreement with the holders of bonds issued by the authority.
(b)  Fares for passenger transportation may be set according to a zone system or by any other classification system that the authority determines to be reasonable.
(c)  This section does not limit the state's power to regulate taxes imposed by an authority.  The state agrees not to alter the power granted to an authority under this section to impose taxes, fares, tolls, charges, rents, and other compensation sufficient to pay obligations incurred by the authority.
(d)  The state agrees not to impair the rights and remedies of an authority bondholder, or a person acting on behalf of a bondholder, until the principal and interest on the bonds, the interest on unpaid installments of interest, costs, and expenses in connection with an action or proceeding by or on behalf of a bondholder are discharged.
(e)  Except as provided by Subsection (f), personal identifying information collected by an authority is confidential and not subject to disclosure under Chapter 552, Government Code, including a person's:
(1)  name, address, e-mail address, and phone number;
(2)  account number, password, payment transaction activity, toll or charge record, or credit, debit, or other payment card number;
(3)  trip data, including the time, date, origin, and destination of a trip, and demographic information collected when the person purchases a ticket or schedules a trip; and
(4)  other personal information, including financial information.
(f)  Personal identifying information described by Subsection (e)(3) may be disclosed to a governmental agency or institution of higher education, as defined by Section 61.003, Education Code, by an authority if the requestor confirms in writing that the use of the information will be strictly limited to use in research or in producing statistical reports, but only if the information is not published, redisclosed, sold, or used to contact any individual.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1129 (S.B. 57), Sec. 8, eff. June 19, 2015.
Acts 2021, 87th Leg., R.S., Ch. 155 (S.B. 858), Sec. 4, eff. May 28, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.1092. Fare Enforcement Officers

Sec. 460.1092.  FARE ENFORCEMENT OFFICERS.  (a)  An authority may employ or contract for persons to serve as fare enforcement officers to enforce the payment of fares for use of the public transportation system by:
(1)  requesting and inspecting evidence showing payment of the appropriate fare from a person using the public transportation system; and
(2)  issuing a citation to a person described by Section 460.1091(d).
(b)  Before commencing duties as a fare enforcement officer, a person must complete at least eight hours of training approved by the authority that is appropriate to the duties required of a fare enforcement officer.
(c)  While performing duties, a fare enforcement officer shall:
(1)  wear a distinctive uniform, badge, or insignia that identifies the person as a fare enforcement officer; and
(2)  work under the direction of the authority's chief administrative officer.
(d)  A fare enforcement officer may:
(1)  request evidence showing payment of the appropriate fare from passengers of the public transportation system or evidence showing exemption from the payment requirement;
(2)  request personal identification or other documentation designated by the authority from a passenger who does not produce evidence showing payment of the appropriate fare on request by the officer;
(3)  instruct a passenger to immediately leave the public transportation system if the passenger does not possess evidence showing payment or exemption from payment of the appropriate fare; or
(4)  file a complaint in the appropriate court that charges the person with an offense under Section 460.1091(d).
(e)  A fare enforcement officer may not carry a weapon while performing duties under this section unless the officer is a certified peace officer.
(f)  A fare enforcement officer who is not a certified peace officer is not a peace officer and has no authority to enforce a criminal law, except as provided by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 594 (S.B. 948), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.110. Insurance

Sec. 460.110.  INSURANCE.  (a)  An authority may insure, through purchased insurance policies, self-insurance programs, or both, the legal liability of the authority and of its contractors and subcontractors arising from the acquisition, construction, or operation of the programs and facilities of the authority for:
(1)  personal or property damage;  and
(2)  officers' and employees' liability.
(b)  An authority may use contracts, rating plans, and risk management programs designed to encourage collision prevention.
(c)  In developing an insurance or self-insurance program, an authority may consider the peculiar hazards, indemnity standards, and past and prospective loss and expense experience of the authority and similar authorities and of its contractors and subcontractors.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.111. Tax Exemption

Sec. 460.111.  TAX EXEMPTION.  The property, revenue, and income of an authority are exempt from state and local taxes.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter C. Powers of Authority › Section 460.112. Mass Transit Rail System; Exemption

Sec. 460.112.  MASS TRANSIT RAIL SYSTEM;  EXEMPTION.  (a)  An authority that constructs or operates or contracts with another entity to construct or operate a mass transit rail system is not subject to any state law regulating or governing the design, construction, or operation of a railroad, railway, street railway, streetcar, or interurban railway.
(b)  For purposes of ownership or transfer of ownership of an interest in real property, a light rail mass transit system line operating on property previously used by a railroad, railway, street railway, or interurban railway is a continuation of existing rail use.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. Provisions Applicable to Board of Directors › Section 460.201. Terms; Vacancy

Sec. 460.201.  TERMS;  VACANCY.  (a)  Each member of the board of directors serves a term of two years.
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 326, Sec. 22, eff. September 1, 2007.
(c)  Except as provided by Sections 460.2015 and 460.257, a vacancy on the board of directors is filled in the same manner as the original appointment to the interim executive committee.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 5, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 991 (H.B. 1986), Sec. 4, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 6, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 22, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 1, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. Provisions Applicable to Board of Directors › Section 460.2015. Membership of Board of Directors

Sec. 460.2015.  MEMBERSHIP OF BOARD OF DIRECTORS.  (a)  The board of directors of an authority confirmed under Subchapter B may increase the population amount stated by Section 460.054(b)(1) in increments of up to 5,000.  If the board increases that population amount, the board shall also increase each population amount stated by Sections 460.054(b)(3), (b)(4), and (c) by the same amount.
(b)  The board of directors may act under Subsection (a) only once a year.
(c)  A municipality that has appointed a member to the board of directors under Section 460.054(b)(1) before the effective date of an increase under Subsection (a) may continue to appoint a member to the board of directors.
(d)  This section does not apply to an authority described by Section 460.252.
Added by Acts 2005, 79th Leg., Ch. 991 (H.B. 1986), Sec. 5, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 594 (S.B. 948), Sec. 5, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 2, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. Provisions Applicable to Board of Directors › Section 460.202. Eligibility

Sec. 460.202.  ELIGIBILITY.  To be eligible for appointment to the board of directors, a person must:
(1)  have professional experience in the field of transportation, business, government, engineering, or law; and
(2)  reside:
(A)  in the territory of the authority; or
(B)  outside the territory of the authority in a municipality that is located partly in the territory of the authority.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 7, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 594 (S.B. 948), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. Provisions Applicable to Board of Directors › Section 460.203. Conflicts of Interest

Sec. 460.203.  CONFLICTS OF INTEREST.  Members of the board of directors and officers and employees of the authority are subject to Chapter 171, Local Government Code.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. Provisions Applicable to Board of Directors › Section 460.204. Meetings

Sec. 460.204.  MEETINGS.  (a)  The board of directors shall meet at least monthly to transact the business of an authority.
(b)  The chair may call special meetings as necessary.
(c)  The board of directors by resolution shall:
(1)  set the time, place, and date of regular meetings; and
(2)  adopt rules and bylaws as necessary to conduct meetings.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. Provisions Applicable to Board of Directors › Section 460.205. Quorum; Voting Requirements

Sec. 460.205.  QUORUM; VOTING REQUIREMENTS.  (a)  Five members constitute a quorum of the board of directors.
(b)  An action of the board of directors requires a vote of a majority of the members present unless the bylaws require a larger number for a specific action.
(c)  This section does not apply to an authority described by Section 460.252.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 10, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 3, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. Provisions Applicable to Board of Directors › Section 460.206. Rules

Sec. 460.206.  RULES.  The board of directors may adopt rules relating to the creation of a vacancy on the board by the absence of a board member at the board meetings, staggering the terms of up to one-half of the board of directors, and providing for alternates.
Added by Acts 2003, 78th Leg., ch. 306, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.251. Definitions

Sec. 460.251.  DEFINITIONS.  In this subchapter:
(1)  "Board" means the board of directors of an authority described by Section 460.252.
(2)  "Founding municipality" means a municipality in which an election was held before December 31, 2003, authorizing an authority's sales and use tax levy.
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.252. Applicability

Sec. 460.252.  APPLICABILITY.  (a)  This subchapter applies only to an authority confirmed under this chapter before December 31, 2003.
(b)  Section 460.054 does not apply to an authority described by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.253. Composition

Sec. 460.253.  COMPOSITION.  The board is composed of:
(1)  one member appointed by the governing body of each founding municipality;
(2)  two members appointed by the commissioners court who reside in:
(A)  an unincorporated area of the county; or
(B)  a municipality in the authority that is not authorized to appoint a member to the board under Subdivision (1) or Section 460.254;
(3)  each member appointed under Section 460.254, if applicable; and
(4)  each nonvoting member appointed under Section 460.255.
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.254. Appointment of Board Member by Certain Municipalities

Sec. 460.254.  APPOINTMENT OF BOARD MEMBER BY CERTAIN MUNICIPALITIES.  (a)  The board may authorize the governing body of a municipality to appoint one member to the board if:
(1)  the municipality:
(A)  designates a public transportation financing area for the benefit of the authority under Subchapter I and enters into an agreement with the authority under Section 460.602; or
(B)  authorizes the authority's sales and use tax levy at the rate of one-half of one percent; and
(2)  the appointment is approved by an affirmative vote of at least three-fifths of the members described by either Section 460.253(1) or (3) and at least one member appointed by the commissioners court.
(b)  The board shall adopt rules and bylaws governing the appointment of a member under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.255. Nonvoting Board Members

Sec. 460.255.  NONVOTING BOARD MEMBERS.  (a)  A nonvoting member shall be appointed to the board to represent a municipality in the authority that is not otherwise authorized to appoint a member to the board under this subchapter.
(b)  A nonvoting member appointed under this section may not be counted for purposes of establishing a quorum of the board.
(c)  The board shall adopt rules and bylaws governing the appointment, number, authority, and duties of nonvoting members appointed under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.256. Eligibility of Elected Officer to Serve on Board; Compensation and Reimbursement

Sec. 460.256.  ELIGIBILITY OF ELECTED OFFICER TO SERVE ON BOARD; COMPENSATION AND REIMBURSEMENT.  (a)  An elected officer of a political subdivision of this state who is not prohibited by the Texas Constitution from serving on the board is eligible, as an additional duty of office, to serve on the board.
(b)  An elected officer of a political subdivision of this state who is a board member is not entitled to receive compensation for serving on the board but is entitled to reimbursement for reasonable expenses incurred in performing the member's duties.
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.257. Vacancy

Sec. 460.257.  VACANCY.  A vacancy on the board of directors is filled in the same manner as the original appointment to the board under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter D. -1. Board of Directors: Certain Authorities › Section 460.258. Voting Requirements

Sec. 460.258.  VOTING REQUIREMENTS.  Except as provided by Sections 460.254(a) and 460.602(b), an action of the board of directors requires a vote of a majority of the members present, other than members described by Section 460.253(4), unless the bylaws require a larger number for a specific action.
Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter E. Addition of Territory › Section 460.301. Addition of Territory by Municipal Annexation

Sec. 460.301.  ADDITION OF TERRITORY BY MUNICIPAL ANNEXATION.  When a municipality that is part of an authority annexes territory that before the annexation is not part of the authority, the annexed territory becomes part of the authority.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter E. Addition of Territory › Section 460.303. Joining Authority; Certain Authorities

Sec. 460.303.  JOINING AUTHORITY;  CERTAIN AUTHORITIES.  (a)  A municipality that has a population of more than 500,000 and that is located in a county with a population of more than one million may join a separate authority.
(b)  If a municipality described by Subsection (a) joins an authority created under this chapter and another separate authority is subsequently established in the county in which the municipality is located, the municipality may:
(1)  remain in the authority that was created first;
(2)  join the new authority in the county in which the municipality is located;  or
(3)  participate with both authorities.
(c)  A municipality that has requested, participated in, or received a benefit of capital improvements made by an authority shall on its transfer to a different authority or participation with more than one authority continue to honor reimbursement obligations resulting from the improvements.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.