reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.0665. Compensation of Operating Board Members

Sec. 284.0665.  COMPENSATION OF OPERATING BOARD MEMBERS.  (a)  In this section, "performing the duties of the operating board" means substantive performance of the management or business of a project:
(1)  including participation in:
(A)  board and committee meetings;
(B)  other activities involving the substantive deliberation of business; and
(C)  pertinent educational programs related to a project; and
(2)  not including routine or ministerial activities such as the execution of documents, self-preparation for meetings, or other activities requiring a minimal amount of time.
(b)  This section applies only to an operating board:
(1)  appointed by a local government corporation; or
(2)  that is a local government corporation.
(c)  A member of an operating board is entitled to receive as compensation not more than $150 a day for each day the member actually spends performing the duties of the operating board.
(d)  The operating board shall set a limit on the amount of compensation a member of the operating board may receive in a year under this section not to exceed $7,200.
(e)  In addition to Subsection (c), a member of the operating board is entitled to reimbursement of actual and necessary expenses incurred in performing duties of the operating board.
(f)  To receive compensation or reimbursement under this section, a member of the operating board must file a verified statement with the local government corporation:
(1)  showing the number of days the member actually spent performing duties of the operating board; and
(2)  including a general description of the duties performed for each day of service.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.55, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.067. Projects Extending Into Other Counties

Sec. 284.067.  PROJECTS EXTENDING INTO OTHER COUNTIES.  (a)  A county may not construct or acquire a project that is financed under this chapter and any part of which is in another county until the commissioners court of the other county adopts a resolution consenting to the construction or acquisition.
(b)  A part of a project that has not been designated as part of the state highway system and that is not a turnpike project as defined in Chapter 361 is a part of the county road system of the county in which the part is located.  A law relating to the maintenance and operation of a county road applies to a project constructed or acquired under this chapter to the extent the law does not conflict with this chapter.
(c)  Any county into which the project extends, by condemnation or another method under general law, may acquire the property necessary for the project, except that a county may not condemn property in another county until after the resolution required by Subsection (a) is adopted.  The county issuing the bonds may use the bond proceeds to acquire property necessary for the project in any county into which the project extends.
(d)  Payment of the purchase price, award, or other cost of the project may be on the terms to which the commissioners courts of the county issuing the bonds and the other county or counties agree.  Proceeds from bonds issued under this chapter may be used to pay a cost incurred under this section.
(e)  Two-tenths of one percent of the toll revenue shall be shared equally between the permanent school fund and the General Land Office.  The General Land Office shall use its share for the acquisition of real property in a natural state in the county of the project.  The acquired land shall be maintained in a natural state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 875, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.56, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.068. Reconstruction of Closed or Relocated Nontoll Roads, Streets, or Highways

Sec. 284.068.  RECONSTRUCTION OF CLOSED OR RELOCATED NONTOLL ROADS, STREETS, OR HIGHWAYS.  If under this chapter a county closes or changes the location of a portion of a nontoll road, street, or highway, the county shall reconstruct the nontoll road, street, or highway at a location and in the manner the county determines will provide substantially the same access as the nontoll road, street, or highway being closed or relocated.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.069. Tolls and Charges

Sec. 284.069.  TOLLS AND CHARGES.  If bonds under this chapter are payable in whole or in part from project revenue, the county shall impose tolls and charges that are, together with other money or revenues available for the project, including ad valorem tax, sufficient to:
(1)  pay the maintenance and operating expenses of the project;
(2)  pay the principal of, premium of, if any, and interest on the bonds when due;
(3)  establish a reserve for payment of bond principal, premium, and interest;  and
(4)  establish an adequate fund for project depreciation and replacement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.070. Nonpayment of Toll; Offense

Sec. 284.070.  NONPAYMENT OF TOLL;  OFFENSE.  (a)  A person commits an offense if the person:
(1)  operates a vehicle on a county project;  and
(2)  fails or refuses to pay a toll imposed under Section 284.069.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $100.
(c)  The county may take and retain possession of a vehicle operated in violation of Subsection (a) until the amount of the toll and all charges in connection with the toll are paid.
(d)  In a county with a population over 2.8 million, an offense under this section may be prosecuted in any precinct in the county in which the offense was committed.
(e)  An authorized emergency vehicle, as defined by Section 541.201, is exempt from payment of a toll imposed under this chapter regardless of whether the vehicle is:
(1)  responding to an emergency;
(2)  displaying a flashing light; or
(3)  marked as an emergency vehicle.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1107, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 4.02, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.0702. Prima Facie Evidence; Defense

Sec. 284.0702.  PRIMA FACIE EVIDENCE;  DEFENSE.  (a)  In the prosecution of an offense under Section 284.070 or 284.0701, proof that the vehicle was driven or towed through the toll collection facility without payment of the proper toll may be shown by a video recording, photograph, electronic recording, or other appropriate evidence, including evidence obtained by automated enforcement technology.
(b)  In the prosecution of an offense under Section 284.0701(c), (d-1), or (e):
(1) a computer record of the department of the registered owner of the vehicle is prima facie evidence of its contents and that the defendant was the registered owner of the vehicle when the underlying event of nonpayment under Section 284.070 occurred; and
(2)  a copy of the rental, lease, or other contract document, or the electronic data provided to the authority under Section 284.0701(d), covering the vehicle on the date of the underlying event of nonpayment under Section 284.070 is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the underlying event of nonpayment under Section 284.070 occurred.
(c)  It is a defense to prosecution under Section 284.0701(c), (d-1), or (e) that the vehicle in question was stolen before the failure to pay the proper toll occurred and had not been recovered before the failure to pay occurred, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1)  the occurrence of the failure to pay; or
(2)  eight hours after the discovery of the theft.
Added by Acts 2003, 78th Leg., ch. 372, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 918 (H.B. 2983), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.0703. Method of Sending Invoice or Notice

Sec. 284.0703.  METHOD OF SENDING INVOICE OR NOTICE.  As authorized under Section 322.008(d)(2), Business & Commerce Code, a county may provide an invoice or notice required under this chapter to be sent by first class mail instead as an electronic record:
(1)  if the recipient of the information agrees to the transmission of the information as an electronic record; and
(2)  on terms acceptable to the recipient.
Added by Acts 2019, 86th Leg., R.S., Ch. 990 (S.B. 1311), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.071. Controlled Access to Toll Road

Sec. 284.071.  CONTROLLED ACCESS TO TOLL ROAD.  (a)  The commissioners court of a county by order may designate a toll road established for the county under this chapter as a controlled-access toll road.
(b)  The commissioners court by order may:
(1)  deny use of or access to or from the toll road by a motor vehicle, bicycle, or other vehicle or by a pedestrian;
(2)  deny access to or from:
(A)  the toll road;
(B)  real property adjacent to the toll road;  or
(C)  a street, road, alley, highway, or other public or private way intersecting the toll road;
(3)  designate locations on the toll road 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 the toll road;  or
(5)  erect appropriate protective devices to preserve the utility, integrity, and use of the toll road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.072. Promotion of Toll Roads

Sec. 284.072.  PROMOTION OF TOLL ROADS.  The commissioners court of a county may promote the use of a toll road operated under this chapter by appropriate means, including advertising or marketing as the commissioners court finds appropriate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.073. Powers and Duties of Receiver

Sec. 284.073.  POWERS AND DUTIES OF RECEIVER.  (a)  A receiver appointed for a project may enter, take possession of, and maintain the project.
(b)  A receiver may collect all revenues and tolls from the project in the same manner as the county.
(c)  A receiver shall dispose of the money collected in accordance with the obligations of the county under the bond instrument and as the court that appoints the receiver directs.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.074. Tax and Assessment Exemption: Projects

Sec. 284.074.  TAX AND ASSESSMENT EXEMPTION:  PROJECTS.  Each part of a project is exempt from taxation and assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.201. Applicability of Subchapter

Sec. 284.201.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to:
(1)  a county with a population of more than 3.3 million;  or
(2)  a county adjacent to a county with a population of more than 3.3 million.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 131, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 670, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.202. Order Prohibiting Operation of Motor Vehicle on Toll Project

Sec. 284.202.  ORDER PROHIBITING OPERATION OF MOTOR VEHICLE ON TOLL PROJECT.  (a)  The commissioners court of a county by order may prohibit the operation of a motor vehicle on a county project described by Section 284.001(3) if:
(1)  an operator of the vehicle has failed to pay a required toll or charge;  and
(2)  the county provides the registered owner of the vehicle with notice of the unpaid toll or charge.
(b)  The notice required by Subsection (a)(2) must be mailed to the registered owner of the vehicle at least 10 days before the date the prohibition takes effect.
(c)  If the registered owner of the vehicle fails to pay a toll or charge not later than the 10th day after the notice under Subsection (b) is mailed, the commissioners court by order may impose a reasonable cost for expenses associated with collecting the unpaid toll or charge.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 372, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.203. Violation of Order; Offense

Sec. 284.203.  VIOLATION OF ORDER;  OFFENSE.  (a)  A person commits an offense if the person operates a motor vehicle or causes or allows the operation of a motor vehicle in violation of an order adopted under Section 284.202(a).
(b)  An offense under this section is a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.2031. Civil and Criminal Enforcement: Fine

Sec. 284.2031.  CIVIL AND CRIMINAL ENFORCEMENT:  FINE.  (a)  A county may impose, in addition to other costs, a fine of $1 on conviction to a defendant convicted of an offense under Section 284.070, 284.0701, or 284.203 in an action brought by the county or district attorney.
(b)  In this section, a person is considered convicted if:
(1)  a sentence is imposed on the person;  or
(2)  the court defers final disposition of the person's case.
(c)  In a county with a population of 3.3 million or more, money collected under Subsection (a) shall be deposited in the county treasury in a special fund to be administered by the county attorney or district attorney.  Expenditures from this fund shall be at the sole discretion of the attorney and may be used only to defray the salaries and expenses of the prosecutor's office, but in no event may the county attorney or district attorney supplement his or her own salary from this fund.
(d)  In a county with a population of less than 3.3 million, money collected under Subsection (a) shall be deposited in the general fund of the county.
Added by Acts 2003, 78th Leg., ch. 372, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 963 (H.B. 1672), Sec. 1, eff. June 18, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.57, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.58, eff. January 1, 2020.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.2032. Fine in Certain Counties

Sec. 284.2032.  FINE IN CERTAIN COUNTIES.  (a)  A county with a population of 3.3 million or more may impose a fine of $1 for each event of nonpayment of a required toll or charge imposed under Section 284.069.
(b)  Money collected under Subsection (a) shall be deposited in the county treasury in a special fund to be administered by the county attorney.  Expenditures from the fund shall be at the sole discretion of the attorney and may be used only to defray the salaries and expenses of the attorney's office, but in no event may the county attorney supplement his or her own salary from the fund.
Added by Acts 2005, 79th Leg., Ch. 963 (H.B. 1672), Sec. 2(a), eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.59, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 1352 (S.B. 346), Sec. 2.60, eff. January 1, 2020.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.204. Administrative Adjudication Hearing Procedure

Sec. 284.204.  ADMINISTRATIVE ADJUDICATION HEARING PROCEDURE.  (a)  The commissioners court of a county may adopt an administrative adjudication hearing procedure for a person who is suspected of having violated an order adopted under Section 284.202(a) on at least two separate occasions within a 12-month period.
(b)  A hearing procedure adopted under Subsection (a) must provide:
(1)  a period for a person charged with violating the order:
(A)  to pay the toll or charge plus administrative costs authorized by Sections 284.202 and 284.2031;  or
(B)  to request a hearing;
(2)  for appointment of one or more hearing officers with authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents;  and
(3)  for the amount and disposition of civil fines, costs, and fees.
(c)  An order issued under Subsection (b)(2) may be enforced by a justice of the peace.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 372, Sec. 4, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.205. Citation or Summons

Sec. 284.205.  CITATION OR SUMMONS.  (a)  A citation or summons issued under this subchapter must:
(1)  inform the recipient of the time and place of the hearing;  and
(2)  notify the person charged with a violation that the person has the right of a hearing without delay.
(b)  The original or any copy of the summons or citation is a record kept in the ordinary course of business of the county and is rebuttable proof of the facts it contains.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.206. Administrative Hearing: Presumption; Evidence of Ownership

Sec. 284.206.  ADMINISTRATIVE HEARING:  PRESUMPTION;  EVIDENCE OF OWNERSHIP.  (a)  In an administrative adjudication hearing under this subchapter it is presumed that the registered owner of the motor vehicle that is the subject of the hearing is the person who operated or allowed the operation of the motor vehicle in violation of the order.
(b)  A computer record of the department of the registered vehicle owner is prima facie evidence of its contents and that the defendant was the registered owner of the vehicle at the time the violation occurred.
(c)  Proof of the violation of the order may be shown by a video recording, photograph, electronic recording, or other appropriate evidence, including evidence obtained by automated enforcement technology.
(d)  It is a defense to prosecution under this subchapter that the vehicle in question was stolen before the failure to pay the proper toll occurred and had not been recovered before the failure to pay occurred, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1)  the occurrence of the failure to pay;  or
(2)  eight hours after the discovery of the theft.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 372, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.207. Attendance on Hearing

Sec. 284.207.  ATTENDANCE ON HEARING.  (a)  The peace officer or toll road agent who alleges a violation is not required to attend the hearing.
(b)  The failure of a person charged with an offense to appear at the hearing is considered an admission of liability for the violation.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.208. Decision of Hearing Officer

Sec. 284.208.  DECISION OF HEARING OFFICER.  (a)  The hearing officer shall issue a decision stating:
(1)  whether the person charged is liable for a violation of the order;  and
(2)  the amount of the fine and costs to be assessed against the person.
(b)  The hearing officer shall file the decision with the county clerk.
(c)  A decision of a hearing officer filed under Subsection (b) must be kept in a separate index and file.  The decision may be recorded using a computer printout, microfilm, microfiche, or a similar data processing technique.
(d)  Repealed by Acts 2005, 79th Leg., Ch. 963, Sec. 2(b), eff. September 1, 2005.
(e)  Repealed by Acts 2005, 79th Leg., Ch. 963, Sec. 2(b), eff. September 1, 2005.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 372, Sec. 6, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 963 (H.B. 1672), Sec. 2(b), eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.209. Enforcement of Decision

Sec. 284.209.  ENFORCEMENT OF DECISION.  A decision issued under Section 284.208(a) may be enforced by:
(1)  placing a device that prohibits movement of a motor vehicle on the vehicle that is the subject of the decision;
(2)  imposing an additional fine if the fine for the offense is not paid within a specified time;  or
(3)  refusing to allow the registration of the vehicle.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.210. Appeal of Hearing Officer Decision

Sec. 284.210.  APPEAL OF HEARING OFFICER DECISION.  (a)  A person determined by a hearing officer to be in violation of an order may appeal the determination to a county court at law.
(b)  To appeal, the person must file a petition with the court not later than the 30th day after the date the hearing officer's decision is filed with the county clerk.  The petition must be accompanied by payment of the costs required by law for the court.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.211. Hearing on Appeal

Sec. 284.211.  HEARING ON APPEAL.  The court in which an appeal petition is filed shall:
(1)  schedule a hearing;  and
(2)  notify all parties of the date, time, and place of the hearing.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.212. Effect of Appeal

Sec. 284.212.  EFFECT OF APPEAL.  Service of notice of appeal does not stay the enforcement and collection of the decision of the hearing officer unless the person who files the appeal posts a bond with an agency designated by the county to accept payment for a violation.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter D. Unauthorized Use of Toll Roads in Certain Counties › Section 284.213. Seizure of Transponders

Sec. 284.213.  SEIZURE OF TRANSPONDERS.  (a)  For purposes of this section, "transponder" means a device, placed on or within a motor vehicle, that is capable of transmitting information used to assess or to collect tolls.  A transponder is insufficiently funded when there are no remaining funds in the account in connection with which the transponder was issued.
(b)  Any peace officer of this state may seize a stolen or insufficiently funded transponder and return it to the county, except that an insufficiently funded transponder may not be seized sooner than the 30th day after the date the county has sent a notice of delinquency to the holder of the account.
Added by Acts 2003, 78th Leg., ch. 372, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 285 - County Regulation of Roadside Vendor and Solicitor in Certain Counties › Section 285.001. Regulation of Roadside Vendor and Solicitor

Sec. 285.001.  REGULATION OF ROADSIDE VENDOR AND SOLICITOR.  (a) To promote the public safety, the commissioners court of a county with a population of more than 1.3 million by order may regulate the following in the unincorporated area of the county if they occur on a public highway or road, in the right-of-way of a public highway or road, or in a parking lot:
(1)  the sale of items by a vendor of food or merchandise, including live animals;
(2)  the erection, maintenance, or placement of a structure by a vendor of food or merchandise, including live animals; and
(3)  the solicitation of money.
(b)  The commissioners court of a county with a population of more than 870,000 that borders the United Mexican States by order may regulate the activities described by Subsection (a) in the manner described by that subsection, except that:
(1)  the regulation of activities on or in the right-of-way of a public highway or road is limited to public highways and roads with a speed limit of 40 miles per hour or faster; and
(2)  the county may not prohibit the sale of livestock.
(c)  A county regulating vendors under Subsection (b) may require that a vendor be located not closer to the edge of the public highway or road than a distance that is equal to one-half the width of the right-of-way adjacent to the highway or road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 132, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 493 (S.B. 254), Sec. 1, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 340 (H.B. 2094), Sec. 1, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 243, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 285 - County Regulation of Roadside Vendor and Solicitor in Certain Counties › Section 285.002. Permit; Removal of Structure

Sec. 285.002.  PERMIT;  REMOVAL OF STRUCTURE.  The commissioners court may:
(1)  require a vendor or a person soliciting money to obtain a permit to sell the food or merchandise or to solicit money;
(2)  charge a reasonable fee for the permit;  and
(3)  provide for the removal of a structure that is in violation of the regulations.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 285 - County Regulation of Roadside Vendor and Solicitor in Certain Counties › Section 285.003. Conflict With Statute or State Agency Rule

Sec. 285.003.  CONFLICT WITH STATUTE OR STATE AGENCY RULE.  If a regulation adopted under this chapter conflicts with a statute or state agency rule, the statute or rule prevails to the extent of the conflict.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 285 - County Regulation of Roadside Vendor and Solicitor in Certain Counties › Section 285.004. Violation of Regulation; Offense

Sec. 285.004.  VIOLATION OF REGULATION;  OFFENSE.  (a)  A person commits an offense if the person knowingly:
(1)  violates a regulation adopted under this chapter;  or
(2)  obstructs or threatens to obstruct the removal of a structure that is in violation of a regulation adopted under this chapter.
(b)  Each day a violation continues is a separate offense.
(c)  An offense under this section is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.001. Applicability

Sec. 286.001.  APPLICABILITY.  This subchapter applies only to Galveston County and Cameron County.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.002. Road Improvement and Assessment

Sec. 286.002.  ROAD IMPROVEMENT AND ASSESSMENT.  (a)  The commissioners court of the county may improve a county road in the county by:
(1)  filling, grading, raising, paving, or repairing the road in a permanent manner;
(2)  constructing, repairing, or realigning a curb, gutter, or sidewalk;
(3)  constructing a drain or culvert;  or
(4)  installing a streetlight.
(b)  The commissioners court by order may assess against property abutting the portion of the county road to be improved and against the owners of that property:
(1)  all or part of the cost of:
(A)  constructing, repairing, or realigning a curb, gutter, or sidewalk;  or
(B)  installing a streetlight;  and
(2)  not more than nine-tenths of the cost of any other improvement.
(c)  The commissioners court may:
(1)  determine the amount of the assessment and any other necessary matter;
(2)  provide the terms of payment and default of the assessment;
(3)  prescribe the interest rate on the assessment, not to exceed eight percent a year;
(4)  make the assessment before, during, or after the construction of the improvement;
(5)  make an assessment against several parcels of property in one assessment when the parcels are owned by the same person;  and
(6)  jointly assess property owned jointly.
(d)  An assessment authorized by this section:
(1)  does not mature before the county accepts the improvements for which the assessment is made;
(2)  is collectable with interest, cost of collection, and reasonable attorney's fees, if incurred;
(3)  is a personal liability and charge against the owner of the assessed property, regardless of whether the owner is named;  and
(4)  is a first and prior lien on the assessed property and superior to any other lien or claim on the property except county, school district, or municipal ad valorem taxes from the date the commissioners court orders the improvement of the road abutting the property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 847, Sec. 1, eff. June 14, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.003. Assessment Limited

Sec. 286.003.  ASSESSMENT LIMITED.  (a)  The commissioners court may not make an assessment against abutting property or the owners of the property in excess of the special benefit to the property and its owner in enhanced value caused by an improvement ordered under Section 286.002(a).
(b)  A railroad right-of-way does not benefit from an improvement described by Section 286.002(a), and the commissioners court may not assess the cost of the improvement against a railroad right-of-way.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.004. Assessment of Exempt Property

Sec. 286.004.  ASSESSMENT OF EXEMPT PROPERTY.  (a)  This subchapter does not authorize the commissioners court to create a lien against an interest in property that is exempt from the lien of assessment at the time the commissioners court orders a county road to be improved.
(b)  An owner of the exempt property is personally liable for an assessment related to the property, without regard to the exemption from the lien.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.005. Apportionment of Costs

Sec. 286.005.  APPORTIONMENT OF COSTS.  (a)  The commissioners court shall apportion the part of the cost of an improvement assessed against abutting property among the parcels of the abutting property and the property's owners in accordance with the front foot rule.
(b)  If, in the opinion of the commissioners court, application of the front foot rule would result in injustice or inequity in a particular case, the commissioners court may apportion and assess the cost in the proportion the commissioners court determines just and equitable to produce a substantial equality of benefits received and burdens imposed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.006. Changes in Improvement Proceedings; Abandonment

Sec. 286.006.  CHANGES IN IMPROVEMENT PROCEEDINGS;  ABANDONMENT.  (a)  The commissioners court may change a plan, method, or contract relating to an improvement.
(b)  The commissioners court may not make a change that substantially affects the nature or quality of an improvement unless the commissioners court, by a four-fifths vote, determines that it is impractical to proceed with the improvement as proposed and, after the vote, the commissioners court:
(1)  obtains the consent of the person with whom the commissioners court has contracted for the construction of the improvements;
(2)  obtains a new estimate of the cost of the improvement;  and
(3)  holds a new hearing, with notice as required by this subchapter.
(c)  The commissioners court at any time may abandon an improvement with the consent of a person who has contracted with the commissioners court for the construction of the improvement.
(d)  The commissioners court by order shall cancel an assessment made for an abandoned improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.007. Notice and Other Prehearing Requirements

Sec. 286.007.  NOTICE AND OTHER PREHEARING REQUIREMENTS.  (a)  A commissioners court may make an assessment under Section 286.002 only after notice and an opportunity for a hearing is provided in accordance with this subchapter.
(b)  Notice of the hearing must be published at least three times in a newspaper of general circulation in the county in which the assessment is to be made.  The first publication of the notice must appear not later than the 21st day before the date of the hearing.
(c)  Notice of the hearing must be mailed with postage prepaid to the address of the owner of the property that abuts the county road to be improved, as determined from the current rendered and unrendered county tax rolls.  The notice must be mailed 14 days before the date of the hearing.
(d)  The mailed notice:
(1)  is not required if the county tax rolls list the owners of the property as unknown;  and
(2)  may be addressed to the estate if the tax rolls show the owner of the property is an estate.
(e)  To be sufficient and binding on a person who owns or claims the property or an interest in the property, the mailed notice must:
(1)  generally describe the nature of the improvement for which the assessment is to be made;
(2)  describe the county road to be improved or the portion of the county road to which the improvement is related;
(3)  state the estimated cost per front foot proposed to be assessed against the property or the property's owners;
(4)  state the estimated total cost of the improvement;  and
(5)  state the time and place of the hearing.
(f)  The mailed notice may consist of a copy of the published notice if the notice contains the information required by Subsection (e).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.008. Hearing

Sec. 286.008.  HEARING.  The commissioners court shall hold a hearing at which a person who owns an interest in property that abuts a county road that is to be improved under this subchapter may be heard on any matter relating to the improvement or a proposed assessment including:
(1)  the amount of the assessment;
(2)  the lien and liability created by the assessment;
(3)  the special benefit to the property and the property owner because of the improvement;  and
(4)  the accuracy, sufficiency, regularity, and validity of a proceeding or contract related to the improvement or assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.009. Appeal

Sec. 286.009.  APPEAL.  (a)  Not later than the 15th day after the date the commissioners court makes an assessment under Section 286.002, a person who owns or claims an interest in the assessed property may appeal the assessment in district court.  The person may contest:
(1)  the amount of the assessment;
(2)  an inaccuracy, irregularity, invalidity, or insufficiency in a proceeding or contract related to the improvement or assessment;  or
(3)  any other matter that is not in the discretion of the commissioners court.
(b)  A person who does not bring a suit within the time provided by Subsection (a):
(1)  waives the right to contest a matter that might have been heard at the hearing;  and
(2)  is barred and estopped from contesting the assessment or any matter related to the assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.010. Defenses to Actions for Assessments

Sec. 286.010.  DEFENSES TO ACTIONS FOR ASSESSMENTS.  The only defenses to an assessment in a suit to enforce the assessment are that:
(1)  the assessment exceeds the amount of the estimated assessment stated in the notice;  or
(2)  notice of the hearing:
(A)  was not mailed, delivered, or published as required by Section 286.007;  or
(B)  did not contain the information required by Section 286.007.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.011. Word or Act of Officer or Employee

Sec. 286.011.  WORD OR ACT OF OFFICER OR EMPLOYEE.  Nothing said or done by a county officer or employee or a member of the commissioners court affects this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.012. Certificate of Assessment

Sec. 286.012.  CERTIFICATE OF ASSESSMENT.  (a)  The commissioners court may issue an assignable certificate that:
(1)  is evidence of an assessment made under this subchapter;  and
(2)  declares:
(A)  the lien against the property assessed;  or
(B)  the liability of the true owner of the property assessed.
(b)  The commissioners court may set the terms of the certificate.
(c)  A recital in a certificate is prima facie evidence of the matter recited and further proof of the matter is not required if the certificate substantially states that:
(1)  the proceedings referred to in the certificate were in compliance with the law;  and
(2)  the prerequisites to imposing the assessment lien against the property described in the certificate and the personal liability of the property owner have been performed.
(d)  In a suit on an assessment or reassessment in evidence of which a certificate is issued under this subchapter, it is sufficient to allege the substance of the recitals in the certificate and that the recitals are true.  Further allegations with reference to a proceeding relating to an original assessment or subsequent assessment are not necessary.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.013. Validity of Assessment

Sec. 286.013.  VALIDITY OF ASSESSMENT.  An assessment related to the cost of an improvement that is to be constructed is not valid unless the commissioners court:
(1)  makes or causes to be made an estimate of the cost of the improvement;  and
(2)  includes the estimate in a published or mailed notice required by Section 286.007.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 286 - Road Laws Relating to Specific Counties › Subchapter A. Road Improvements and Assessments by Galveston or Cameron County Commissioners Court › Section 286.014. Correction of Assessment; Subsequent Assessment

Sec. 286.014.  CORRECTION OF ASSESSMENT;  SUBSEQUENT ASSESSMENT.  (a)  If an assessment is held or determined to be invalid or unenforceable, the commissioners court may correct:
(1)  a deficiency in a proceeding relating to the assessment;  or
(2)  an error, inaccuracy, irregularity, or invalidity relating to the assessment.
(b)  The commissioners court may make and impose a subsequent assessment after a notice and hearing that comply as nearly as possible with the requirements for the original notice and hearing.
(c)  A recital in a certificate issued as evidence of a subsequent assessment has the same force as a recital in a certificate related to an original assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.