reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.161. Transportation Projects Extending Into Other Counties

Sec. 370.161.  TRANSPORTATION PROJECTS EXTENDING INTO OTHER COUNTIES.   An authority may study, evaluate, design, finance, acquire, construct, operate, maintain, repair, expand, or extend a transportation project in:
(1)  a county that is a part of the authority;
(2)  a county in this state that is not a part of the authority if the county and authority enter into an agreement under Section 370.033(f); or
(3)  a county in another state or the United Mexican States if:
(A)  each governing body of a political subdivision in which the project will be located agrees to the proposed study, evaluation, design, financing, acquisition, construction, operation, maintenance, repair, expansion, or extension;
(B)  the project will bring significant benefits to the counties in this state that are part of the authority;
(C)  the county in the other state is adjacent to a county that:
(i)  is part of the authority studying, evaluating, designing, financing, acquiring, constructing, operating, maintaining, repairing, expanding, or extending the transportation project; and
(ii)  has a municipality with a population of 500,000 or more; and
(D)  the governor approves the proposed study, evaluation, design, financing, acquisition, construction, operation, maintenance, repair, expansion, or extension.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.102, eff. June 14, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 118 (S.B. 1489), Sec. 3, eff. May 18, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.162. Powers and Procedures of Authority in Acquiring Property

Sec. 370.162.  POWERS AND PROCEDURES OF AUTHORITY IN ACQUIRING PROPERTY.  (a)  An authority may construct or improve a transportation project on real property, including a right-of-way acquired by the authority or provided to the authority for that purpose by the commission, a political subdivision of this state, or any other governmental entity.
(b)  Except as provided by this chapter, an authority has the same powers and may use the same procedures as the commission in acquiring property.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.163. Acquisition of Property

Sec. 370.163.  ACQUISITION OF PROPERTY.  (a)  Except as otherwise provided by this subchapter, the governing body of an authority has the same powers and duties relating to the condemnation and acquisition of real property for a transportation project that the commission and the department have under Subchapter D, Chapter 203, relating to the condemnation or purchase of real property for a toll project.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 281, Sec. 2.101(17), eff. June 14, 2005.
(c)  The authority granted under this section does not include the authority to condemn a bridge connecting this state to the United Mexican States that is owned by a county or municipality.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.68, eff. June 14, 2005.
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.101(17), eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.164. Declaration of Taking

Sec. 370.164.  DECLARATION OF TAKING.  (a)  An authority may file a declaration of taking with the clerk of the court:
(1)  in which the authority files a condemnation petition under Chapter 21, Property Code;  or
(2)  to which the case is assigned.
(b)  An authority may file the declaration of taking concurrently with or subsequent to the filing of the condemnation petition but may not file the declaration after the special commissioners have made an award in the condemnation proceeding.
(c)  An authority may not file a declaration of taking before the completion of all:
(1)  environmental documentation, including a final environmental impact statement or a record of decision, that is required by federal or state law;
(2)  public hearings and meetings, including those held in connection with the environmental rules adopted by the authority under Section 370.188, that are required by federal or state law;  and
(3)  notifications required by the rules adopted by the authority under Section 370.188.
(d)  The declaration of taking must include:
(1)  a specific reference to the legislative authority for the condemnation;
(2)  a description and plot plan of the real property to be condemned, including the following information if applicable:
(A)  the municipality in which the property is located;
(B)  the street address of the property;  and
(C)  the lot and block number of the property;
(3)  a statement of the property interest to be condemned;
(4)  the name and address of each property owner that the authority can obtain after reasonable investigation and a description of the owner's interest in the property;  and
(5)  a statement that immediate possession of all or part of the property to be condemned is necessary for the timely construction of a transportation project.
(e)  A deposit to the registry of the court of an amount equal to the appraised value as determined by the authority of the property to be condemned must accompany the declaration of taking.
(f)  The date on which the declaration is filed is the date of taking for the purpose of assessing damages to which a property owner is entitled.
(g)  After a declaration of taking is filed, the case shall proceed as any other case in eminent domain under Chapter 21, Property Code.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.165. Possession of Property

Sec. 370.165.  POSSESSION OF PROPERTY.  (a)  Immediately on the filing of a declaration of taking, the authority shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016(d), Property Code.  The authority shall file evidence of the service with the clerk of the court.  On filing of that evidence, the authority may take possession of the property pending the litigation.
(b)  If the condemned property is a homestead or a portion of a homestead as defined by Section 41.002, Property Code, the authority may not take possession before the 91st day after the date of service under Subsection (a).
(c)  A property owner or tenant who refuses to vacate the property or yield possession is subject to forcible entry and detainer under Chapter 24, Property Code.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.166. Participation Payment for Real Property

Sec. 370.166.  PARTICIPATION PAYMENT FOR REAL PROPERTY.  (a)  As an alternative to paying for an interest in real property or a real property right with a single fixed payment, the authority may, with the owner's consent, pay the owner by means of a participation payment.
(b)  A right to receive a participation payment under this section is subordinate to any right to receive a fee as payment on the principal of or interest on a bond that is issued for the construction of the applicable segment.
(c)  In this section, "participation payment" means an intangible legal right to receive a percentage of one or more identified fees related to a segment constructed by the authority.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.167. Severance of Real Property

Sec. 370.167.  SEVERANCE OF REAL PROPERTY.  (a)  If a transportation project of an authority severs a property owner's real property, the authority shall pay:
(1)  the value of the property acquired;  and
(2)  the damages, if any, to the remainder of the owner's property caused by the severance, including damages caused by the inaccessibility of one tract from the other.
(b)  At its option, an authority may negotiate for and purchase the severed real property or any part of the severed real property if the authority and the property owner agree on terms for the purchase.  An authority may sell and dispose of severed real property that it determines is not necessary or useful to the authority.  Severed property must be appraised before being offered for sale by the authority.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.168. Acquisition of Rights in Public Real Property

Sec. 370.168.  ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.  (a)  An authority may use real property, including submerged land, streets, alleys, and easements, owned by this state or a local government that the authority considers necessary for the construction or operation of a transportation project.
(b)  This state or a local government having charge of public real property may consent to the use of the property for a transportation project.
(c)  Except as provided by Section 228.201, this state or a local government may convey, grant, or lease to an authority real property, including highways and other real property devoted to public use and rights or easements in real property, that may be necessary or convenient to accomplish a purpose of the authority, including the construction or operation of a transportation project.  A conveyance, grant, or lease under this section may be made without advertising, court order, or other action other than the normal action of this state or local government necessary for a conveyance, grant, or lease.
(d)  This section does not deprive the School Land Board of the power to execute a lease for the development of oil, gas, and other minerals on state-owned real property adjoining a transportation project or in tidewater limits.  A lease may provide for directional drilling from the adjoining property or tidewater area.
(e)  This section does not affect the obligation of the authority under another law to compensate this state for acquiring or using property owned by or on behalf of this state.  An authority's use of property owned by or on behalf of this state is subject to any covenants, conditions, restrictions, or limitations affecting that property.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.69, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.169. Compensation for and Restoration of Public Property

Sec. 370.169.  COMPENSATION FOR AND RESTORATION OF PUBLIC PROPERTY.  (a)  Except as provided by Section 370.035, an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, other than:
(1)  a park, playground, or designated environmental preserve;
(2)  property owned by or on behalf of this state that under law requires compensation to this state for the use or acquisition of the property;  or
(3)  as provided by this chapter.
(b)  Public property damaged in the exercise of a power granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable.
(c)  An authority has full easements and rights-of-way through, across, under, and over any property owned by the state or any local government that are necessary or convenient to construct, acquire, or efficiently operate a transportation project or system under this chapter.  This subsection does not affect the obligation of the authority under other law, including Section 373.102, to compensate or reimburse this state for the use or acquisition of an easement or right-of-way on property owned by or on behalf of this state.  An authority's use of property owned by or on behalf of this state is subject to any covenants, conditions, restrictions, or limitations affecting that property.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 8, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.171. Lease, Sale, or Conveyance of Transportation Project

Sec. 370.171.  LEASE, SALE, OR CONVEYANCE OF TRANSPORTATION PROJECT.  An authority may lease, sell, or convey in any other manner a transportation project to a governmental entity with the approval of the governing body of the governmental entity to which the project is transferred.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.173. Authority Revolving Fund

Sec. 370.173.  AUTHORITY REVOLVING FUND.  (a)  An authority may maintain a revolving fund to be held in trust by a banking institution chosen by the authority separate from any other funds and administered by the authority's board.
(b)  An authority may transfer into its revolving fund money from any permissible source, including:
(1)  money from a transportation project if the transfer does not diminish the money available for the project to less than any amount required to be retained by the bond proceedings pertaining to the project;
(2)  money received by the authority from any source and not otherwise committed, including money from the transfer of a transportation project or system or sale of authority assets;
(3)  money received from the state highway fund;  and
(4)  contributions, loans, grants, or assistance from the United States, another state, another political subdivision of this state, a foreign governmental entity, including the United Mexican States or a state of the United Mexican States, a local government, any private enterprise, or any person.
(c)  The authority may use money in the revolving fund to:
(1)  finance the acquisition, construction, maintenance, or operation of a transportation project, including the extension, expansion, or improvement of a transportation project;
(2)  provide matching money required in connection with any federal, state, local, or private aid, grant, or other funding, including aid or funding by or with public-private partnerships;
(3)  provide credit enhancement either directly or indirectly for bonds issued to acquire, construct, extend, expand, or improve a transportation project;
(4)  provide security for or payment of future or existing debt for the design, acquisition, construction, operation, maintenance, extension, expansion, or improvement of a transportation project or system;
(5)  borrow money and issue bonds, promissory notes, or other indebtedness payable out of the revolving fund for any purpose authorized by this chapter; and
(6)  provide for any other reasonable purpose that assists in the financing of an authority as authorized by this chapter.
(d)  Money spent or advanced from the revolving fund for a transportation project must be reimbursed from the money of that transportation project.  There must be a reasonable expectation of repayment at the time the expenditure or advancement is authorized.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 10, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.174. Use of Surplus Revenue

Sec. 370.174.  USE OF SURPLUS REVENUE.  (a)  Each year, if an authority determines that it has surplus revenue from transportation projects, it shall reduce tolls, spend the surplus revenue on other transportation projects in the counties of the authority in accordance with Subsection (b), or deposit the surplus revenue to the credit of the Texas Mobility Fund.
(b)  Consistent with other law and commission rule, an authority may spend surplus revenue on other transportation projects by:
(1)  constructing a transportation project located within the counties of the authority;
(2)  assisting in the financing of a toll or toll-free transportation project of another governmental entity;  or
(3)  with the approval of the commission, constructing a toll or toll-free transportation project and, on completion of the project, transferring the project to another governmental entity if:
(A)  the other governmental entity authorizes the authority to construct the project and agrees to assume all liability and responsibility for the maintenance and operation of the project on its transfer;  and
(B)  the project is constructed in compliance with all laws applicable to the governmental entity.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.175. Exemption From Taxation or Assessment

Sec. 370.175.  EXEMPTION FROM TAXATION OR ASSESSMENT.  (a)  An authority is exempt from taxation of or assessments on:
(1)  a transportation project or system;
(2)  property the authority acquires or uses under this chapter for a transportation project or system;  or
(3)  income from property described by Subdivision (1) or (2).
(b)  An authority is exempt from payment of development fees, utility connection fees, assessments, and service fees imposed or assessed by any governmental entity or any property owners' or homeowners' association.  This subsection does not apply to fees or assessments charged under approved rate schedules or line extension policies of a municipally owned electric or gas utility.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.176. Actions Affecting Existing Roads

Sec. 370.176.  ACTIONS AFFECTING EXISTING ROADS.  (a)  An authority may impose a toll for transit over an existing free road, street, or public highway transferred to the authority under this chapter.
(b)  An authority may construct a grade separation at an intersection of a transportation project with a railroad or highway and change the line or grade of a highway to accommodate the design of the grade separation.  The action may not affect a segment of the state highway system without the department's consent.  The authority shall pay the cost of a grade separation and any damage incurred in changing a line or grade of a railroad or highway as part of the cost of the transportation project.
(c)  If feasible, an authority shall provide access to properties previously abutting a county road or other public road that is taken for a transportation project and shall pay abutting property owners the expenses or any resulting damages for a denial of access to the road.
(d)  If an authority changes the location of a segment of a county road as part of its development of a transportation project, the authority shall, on the request of the county, reconstruct that segment of the road at a location that the authority determines, in its discretion, restores the utility of the road.  The reconstruction and its associated costs are in furtherance of a transportation project.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.178. Use and Return of Transponders

Sec. 370.178.  USE AND RETURN OF TRANSPONDERS.  (a)  For purposes of this section, "transponder" means a device placed on or within a motor vehicle that is capable of transmitting or receiving information used to assess or collect tolls or provide toll exemptions.  A transponder is insufficiently funded if there is no money in the account for which the transponder was issued.
(b)  Any law enforcement or peace officer of an entity with which an authority has contracted under Section 370.181(c) may seize a stolen or insufficiently funded transponder and return it to the authority that issued the transponder.  An insufficiently funded transponder may not be seized before the 30th day after the date that an authority has sent a notice of delinquency to the holder of the account.
(c)  The following entities shall consider offering motor vehicle operators the option of using a transponder to pay tolls without stopping, to mitigate congestion at toll locations, to enhance traffic flow, and to otherwise increase the efficiency of operations:
(1)  the authority;
(2)  an entity to which a project authorized by this chapter is transferred;  or
(3)  a third-party service provider under contract with an entity described by Subdivision (1) or (2).
(d)  Transponder account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.71, eff. June 14, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1129 (S.B. 57), Sec. 4, eff. June 19, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.179. Controlled Access to Turnpike Projects

Sec. 370.179.  CONTROLLED ACCESS TO TURNPIKE PROJECTS.  (a)  An authority by order may designate a turnpike project or a portion of a project as a controlled-access toll road.
(b)  An authority by order may:
(1)  prohibit the use of or access to or from a turnpike project by a motor vehicle, bicycle, another classification or type of vehicle, or a pedestrian;
(2)  deny access to or from:
(A)  a turnpike project;
(B)  real property adjacent to a turnpike project;  or
(C)  a street, road, alley, highway, or other public or private way intersecting a turnpike project;
(3)  designate locations on a turnpike project at which access to or from the toll road is permitted;
(4)  control, restrict, and determine the type and extent of access permitted at a designated location of access to a turnpike project;  or
(5)  erect appropriate protective devices to preserve the utility, integrity, and use of a turnpike project.
(c)  Denial of access to or from a segment of the state highway system is subject to the approval of the commission.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.180. Promotion of Transportation Project

Sec. 370.180.  PROMOTION OF TRANSPORTATION PROJECT.  An authority may promote the use of a transportation project, including a project that it operates on behalf of another entity, by appropriate means, including advertising or marketing as the authority determines appropriate.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.181. Operation of Transportation Project

Sec. 370.181.  OPERATION OF TRANSPORTATION PROJECT.  (a)  An authority shall operate a transportation project with employees of the authority or by using services contracted under Subsection (b) or (c).
(b)  An authority may enter into an agreement with one or more persons to provide, on terms and conditions approved by the authority, personnel and services to design, construct, operate, maintain, expand, enlarge, or extend a transportation project owned or operated by the authority.
(c)  An authority may contract with any state or local government for the services of peace officers of that agency.
(d)  An authority may not directly provide water, wastewater, natural gas, petroleum pipeline, electric transmission, electric distribution, telecommunications, information, or cable television services.
(e)  Nothing in this chapter, or any contractual right obtained under a contract with an authority authorized by this chapter, supersedes or renders ineffective any provision of another law applicable to the owner or operator of a public utility facility, including any provision of the Utilities Code regarding licensing, certification, and regulatory jurisdiction of the Public Utility Commission of Texas or Railroad Commission of Texas.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 118 (S.B. 1489), Sec. 4, eff. May 18, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.182. Audit

Sec. 370.182.  AUDIT.  (a)  An authority shall have a certified public accountant audit the authority's books and accounts at least annually.  The cost of the audit may be treated as part of the cost of construction or operation of a transportation project.
(b)  The commission may initiate an independent audit of the authority or any of its activities at any time the commission considers appropriate.  An audit under this subsection shall be conducted at the expense of the department.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.183. Disadvantaged Businesses

Sec. 370.183.  DISADVANTAGED BUSINESSES.  (a)  Consistent with general law, an authority shall:
(1)  set goals for the award of contracts to disadvantaged businesses and attempt to meet the goals;
(2)  attempt to identify disadvantaged businesses that provide or have the potential to provide supplies, materials, equipment, or services to the authority;  and
(3)  give disadvantaged businesses full access to the authority's contract bidding process, inform the businesses about the process, offer the businesses assistance concerning the process, and identify barriers to the businesses' participation in the process.
(b)  This section does not exempt an authority from competitive bidding requirements provided by other law.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.184. Procurement

Sec. 370.184.  PROCUREMENT.  An authority shall adopt rules governing the award of contracts for goods and services.  Notwithstanding any other provision of state law, an authority may procure goods and services, including materials, engineering, design, construction, operations, maintenance, and other goods and services, through any procedure authorized by this chapter.  Procurement of professional services is governed by Chapter 2254, Government Code.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.185. Competitive Bidding

Sec. 370.185.  COMPETITIVE BIDDING.  A contract made by an authority may be let by a competitive bidding procedure in which the contract is awarded to the lowest responsible bidder that complies with the authority's criteria.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.186. Contracts With Governmental Entities

Sec. 370.186.  CONTRACTS WITH GOVERNMENTAL ENTITIES.  (a)  Except as provided by Subsection (c), an authority may not construct, maintain, or operate a turnpike or toll project in an area having a governmental entity established under Chapter 284 or 366 unless the governmental entity and the authority enter into a written agreement specifying the terms and conditions under which the project shall be undertaken.  An authority may not construct, maintain, or operate a transportation project that another governmental entity has determined to be a project under Chapter 451, 452, or 460 unless the governmental entity and the authority enter into a written agreement specifying the terms and conditions under which the project shall be undertaken.
(b)  An authority may not receive or be paid revenue derived by another governmental entity operating under Chapter 284, 366, 451, 452, or 460 unless the governmental entity and the authority enter into a written agreement specifying the terms and conditions under which the revenue shall be received by or paid to the authority.
(c)  Subsection (a) does not apply to a turnpike or toll project located in a county in which a regional tollway authority has transferred under Section 366.036 or 366.172:
(1)  all turnpike projects of the regional tollway authority that are located in the county; and
(2)  all work product developed by the regional tollway authority in determining the feasibility of the construction, improvement, extension, or expansion of a turnpike project to be located in the county.
(d)  An authority may not construct, maintain, or operate a passenger rail facility within the boundaries of an intermunicipal commuter rail district created under former Article 6550c-1, Vernon's Texas Civil Statutes, as those boundaries existed on September 1, 2005, unless the district and the authority enter into a written agreement specifying the terms and conditions under which the project will be undertaken.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.72, eff. June 14, 2005.
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.09, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.187. Project Approval

Sec. 370.187.  PROJECT APPROVAL.  (a)  An authority may not begin construction of a transportation project that will connect to the state highway system or to a department rail facility without the approval of the commission.
(b)  The commission by rule shall establish procedures and criteria for an approval under this section.  The rules must require the commission to consider a request for project approval not later than the 60th day after the date the department receives all information reasonably necessary to review the request.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Sec. 370.188.  ENVIRONMENTAL REVIEW OF AUTHORITY PROJECTS.  (a)  An authority shall adopt rules for environmental review of a transportation project that is not subject to review under the National Environmental Policy Act (42 U.S.C. Section 4321 et seq.), as amended.  The rules must:
(1)  specify the types of projects for which a public hearing is required;
(2)  establish procedures for public comment on the environmental review, including a procedure for requesting a public hearing on an environmental review for which a public hearing is not required;  and
(3)  require:
(A)  an evaluation of any direct or indirect environmental effect of the project;
(B)  an analysis of project alternatives;  and
(C)  a written report that briefly explains the authority's review of the project and that specifies any mitigation measures on environmental harm on which the project is conditioned.
(b)  An environmental review of a project must be conducted before the authority may approve the location or alignment of the project.
(c)  The authority shall consider the results of the environmental review in executing its duties.
(d)  The authority shall coordinate with the Texas Commission on Environmental Quality and the Parks and Wildlife Department in the preparation of an environmental review.
(e)  This section does not prohibit an owner of a public utility facility or a proposed public utility facility from conducting any necessary environmental evaluation for the public utility facility.  The authority is entitled to review and give final approval regarding the sufficiency of any environmental evaluation conducted for a facility that is part of a transportation project.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.189. Department Maintenance and Operation

Sec. 370.189.  DEPARTMENT MAINTENANCE AND OPERATION.  (a)  If requested by an authority, the department may agree to assume all or part of the duty to maintain or operate a turnpike project or ferry of the authority.
(b)  The authority shall reimburse the department for necessary costs of maintaining or operating the turnpike project or ferry as agreed by the department and the authority.
(c)  Money received by the department under Subsection (b) shall be deposited to the credit of the state highway fund and is exempt from the application of Sections 403.095 and 404.071, Government Code.
(d)  If the department assumes all of the duty to maintain or operate a turnpike project or ferry under Subsection (a), the authority is not liable for damages resulting from the maintenance or operation of the turnpike project or ferry.
(e)  An agreement under this section is not a joint enterprise for purposes of liability.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.190. Property of Certain Transportation Authorities

Sec. 370.190.  PROPERTY OF CERTAIN TRANSPORTATION AUTHORITIES.  An authority may not condemn or purchase real property of a transportation authority operating under Chapter 451, 452, or 460 unless the authority has entered into a written agreement with the transportation authority specifying the terms and conditions under which the condemnation or the purchase of the real property will take place.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.1911. Commercial Transportation Processing Systems at Inspection Facilities at Interstate Borders

Sec. 370.1911.  COMMERCIAL TRANSPORTATION PROCESSING SYSTEMS AT INSPECTION FACILITIES AT INTERSTATE BORDERS.  (a)  Notwithstanding Section 370.191, an authority may construct a border inspection facility to be used solely for the purpose of conducting commercial motor vehicle inspections by the Department of Public Safety, provided that the facility is located:
(1)  at or near a border crossing from another state of the United States; and
(2)  not more than 50 miles from an international border.
(b)  To the extent an authority constructing a border inspection facility under this section considers appropriate to expedite commerce, the facility may include implementation of Intelligent Transportation Systems for Commercial Vehicle Operations (ITS/CVO) technology.
Added by Acts 2013, 83rd Leg., R.S., Ch. 118 (S.B. 1489), Sec. 5, eff. May 18, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.192. Property of Rapid Transit Authorities

Sec. 370.192.  PROPERTY OF RAPID TRANSIT AUTHORITIES.  An authority may not condemn or purchase real property of a rapid transit authority operating pursuant to Chapter 451 that was confirmed before July 1, 1985, and in which the principal municipality has a population of less than 1.3 million, unless the authority has entered into a written agreement with the rapid transit authority specifying the terms and conditions under which the condemnation or the purchase of the real property will take place.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 128, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 246, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter E. Acquisition, Construction, and Operation of Transportation Projects › Section 370.193. Priority Boarding of Ferry

Sec. 370.193.  PRIORITY BOARDING OF FERRY.  An authority may establish a system under which an owner of a motor vehicle may pay an additional fee or toll that entitles the vehicle to have priority in boarding a ferry operated by the authority.
Added by Acts 2005, 79th Leg., Ch. 877 (S.B. 1131), Sec. 7, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.2511. Board of Directors: Certain Authorities

Sec. 370.2511.  BOARD OF DIRECTORS: CERTAIN AUTHORITIES.  (a)  This section applies only to an authority created by a municipality.
(b)  The governing body of a municipality may, by a resolution approved by at least two-thirds of the members of the governing body, establish the governing body as the board of directors of an authority.
(c)  If the board of directors of an authority created by a municipality consists of the members of the governing body of the municipality, the governor shall appoint an additional director who is not a member of the governing body of the municipality and who serves as the presiding officer of the board.
(d)  Each director of a board under this section has equal status and may vote.
(e)  The vote of a majority attending a board meeting is necessary for any action taken by a board under this section. If a vacancy exists on a board, the majority of directors serving on the board is a quorum.
(f)  The governing body of a municipality that becomes the board of an existing authority under this section shall by resolution provide for the transfer process that establishes the governing body as the board of the authority.
(g)  If the board of directors of an authority created by a municipality consists of the members of the governing body of the municipality, Sections 370.251, 370.2515, 370.252, 370.2521, 370.2522, 370.2523, 370.253, 370.254, and 370.255 do not apply to the board, except that, to the extent applicable, those provisions apply to the governor's appointee under Subsection (c).
(h)  This section has no effect if the attorney general issues an opinion stating that, notwithstanding the statutory authority under this section, the Texas Constitution, the common law doctrine of incompatibility, or any other legal principle would prohibit a member of the governing body of a municipality from serving as a director of an authority.
(i)  A board under this section is not required to have an odd number of directors.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 13, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.2515. Board Composition Proposal by Turnpike Authority

Sec. 370.2515.  BOARD COMPOSITION PROPOSAL BY TURNPIKE AUTHORITY.  If a county in which a turnpike authority under Chapter 366 operates or a county owning or operating a toll project under Chapter 284 is part of an authority, the turnpike authority or the county may submit to the commission a proposed structure for the board and a method of appointment to the board:
(1)  at the creation of the authority if the county is a county that initially forms an authority;
(2)  when a new county is added to the authority;  and
(3)  when the county is initially added to the authority.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.2521. Filing of Financial Statement by Director

Sec. 370.2521.  FILING OF FINANCIAL STATEMENT BY DIRECTOR.  (a)  Except as provided by Subsection (c), (d), or (e) a director shall file the financial statement required of state officers under Subchapter B, Chapter 572, Government Code, with the Texas Ethics Commission.
(b)  Subchapter B, Chapter 572, Government Code:
(1)  applies to a director as if the director were a state officer; and
(2)  governs the contents, timeliness of filing, and public inspection of a statement filed under Subsection (a).
(c)  Subsection (a) does not apply to a director who is a state officer subject to Subchapter B, Chapter 572, Government Code.
(d)  A director who is a municipal officer subject to Chapter 145, Local Government Code, or a county officer subject to Subchapter A, Chapter 159, Local Government Code, shall file with the Texas Ethics Commission a copy of the financial statement filed under Chapter 145, Local Government Code, or Subchapter A, Chapter 159, Local Government Code, as applicable.  Subchapter B, Chapter 572, Government Code, governs the timeliness of filing and public inspection of a copy of a statement filed under this subsection.
(e)  Subsection (a) does not apply to an authority if each county that is a part of the authority has a population of less than 200,000.  The commissioners courts of the counties that are a part of an authority to which this subsection applies may jointly adopt a process that requires the directors of the authority to disclose personal financial activity as specified by the commissioners courts.
(f)  A person subject to Subsection (a) or (d) commits an offense if the person fails to file the statement required by Subsection (a) or the copy required by Subsection (d), as applicable.  An offense under this subsection is a Class B misdemeanor.
Added by Acts 2005, 79th Leg., Ch. 590 (H.B. 1708), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.2522. Applicability of Conflicts of Interest Law to Directors

Sec. 370.2522.  APPLICABILITY OF CONFLICTS OF INTEREST LAW TO DIRECTORS.  (a)  A director is considered to be a local public official for purposes of Chapter 171, Local Government Code.
(b)  For purposes of Chapter 171, Local Government Code, a director, in connection with a vote or decision by the board, is considered to have a substantial interest in a business entity if a person related to the director in the second degree by consanguinity, as determined under Chapter 573, Government Code, has a substantial interest in the business entity.
Added by Acts 2005, 79th Leg., Ch. 590 (H.B. 1708), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.2523. Applicability of Nepotism Laws

Sec. 370.2523.  APPLICABILITY OF NEPOTISM LAWS.  A director is a public official for purposes of Chapter 573, Government Code.
Added by Acts 2005, 79th Leg., Ch. 590 (H.B. 1708), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.253. Surety Bonds

Sec. 370.253.  SURETY BONDS.  (a)  Before beginning a term, each director shall execute a surety bond in the amount of $25,000, and the secretary and treasurer shall execute a surety bond in the amount of $50,000.
(b)  Each surety bond must be:
(1)  conditioned on the faithful performance of the duties of office;
(2)  executed by a surety company authorized to transact business in this state;  and
(3)  filed with the secretary of state's office.
(c)  The authority shall pay the expense of the bonds.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.