reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.710. Annexation of Territory by Municipality

Sec. 451.710.  ANNEXATION OF TERRITORY BY MUNICIPALITY.  On annexation by a municipality that is in the district, territory that is not in the district becomes part of the district.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.751. Applicability

Sec. 451.751.  APPLICABILITY.  This subchapter applies only to an authority in which the principal municipality has a population of more than 1.5 million.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.752. Definitions

Sec. 451.752.  DEFINITIONS.  In this subchapter:
(1)  "Association" means an organization in which peace officers employed by the authority participate and that exists for the purpose, wholly or partly, of dealing with the authority concerning grievances, labor disputes, wages, rates of pay, hours of work, or conditions of work affecting peace officers.
(2)  "Public employer" means an authority that is required to establish the wages, salaries, rates of pay, hours of work, working conditions, and other terms and conditions of employment of peace officers employed by the authority.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.753. General Provisions Relating to Agreements, Recognition, and Strikes

Sec. 451.753.  GENERAL PROVISIONS RELATING TO AGREEMENTS, RECOGNITION, AND STRIKES.  (a)  An authority may not be denied local control over the wages, salaries, rates of pay, hours of work, or other terms and conditions of employment to the extent the public employer and the association recognized as the sole and exclusive bargaining agent under Section 451.754 agree as provided by this subchapter.  Applicable statutes and applicable local rules and regulations apply to an issue not governed by the agreement.
(b)  An agreement under this subchapter must be written.
(c)  This subchapter does not require a public employer or a recognized association to meet and confer on any issue or reach an agreement.
(d)  A public employer and the recognized association may meet and confer only if the association does not advocate an illegal strike by public employees.
(e)  A peace officer of an authority may not engage in a strike or organized work stoppage against this state or a political subdivision of this state.  A peace officer who participates in a strike forfeits any civil service rights, reemployment rights, and other rights, benefits, or privileges the peace officer may have as a result of the person's employment or prior employment with the authority.  This subsection does not affect the right of a person to cease work if the person is not acting in concert with others in an organized work stoppage.
(f)  The public employer's chief executive officer or the chief executive officer's designee shall select a group of persons to represent the public employer as its sole and exclusive bargaining agent for issues related to the employment of peace officers by the authority.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.754. Recognition of Peace Officer Association

Sec. 451.754.  RECOGNITION OF PEACE OFFICER ASSOCIATION.  (a)  In an authority that chooses to meet and confer under this subchapter, the public employer shall recognize an association submitting a petition for recognition signed by a majority of the peace officers employed by the authority, excluding the head of the peace officer department of the authority and the assistant department heads in the rank or classification immediately below that of the department head, as the sole and exclusive bargaining agent for all of the peace officers employed by the authority, excluding the department head and assistant department heads, until recognition of the association is withdrawn by a majority of the peace officers eligible to sign a petition for recognition.
(b)  Whether an association represents a majority of the covered peace officers shall be resolved by a fair election conducted according to procedures agreeable to the parties.  If the parties are unable to agree on election procedures, either party may request the American Arbitration Association to conduct the election and to certify the results.  Certification of the results of an election under this subsection resolves the question concerning representation.  The association is liable for the expenses of the election, except that if two or more associations seeking recognition as the bargaining agent submit petitions signed by a majority of the peace officers eligible to sign the petition, the associations shall share equally the costs of the election.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.755. Open Records

Sec. 451.755.  OPEN RECORDS.  (a)  A proposed agreement and a document prepared and used by the authority in connection with a proposed agreement are available to the public under Chapter 552, Government Code, only after the agreement is ratified by the governing body of the authority.
(b)  This section does not affect the application of Subchapter C, Chapter 552, Government Code, to a document prepared and used by the authority in connection with the agreement.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.756. Ratification and Enforceability of Agreement

Sec. 451.756.  RATIFICATION AND ENFORCEABILITY OF AGREEMENT.  (a)  An agreement under this subchapter is enforceable and binding on the public employer, the recognized association, and the peace officers covered by the agreement only if:
(1)  the authority's governing body ratified the agreement by a majority vote;  and
(2)  the recognized association ratified the agreement by conducting a secret ballot election at which only the peace officers of the authority in the association were eligible to vote, and a majority of the votes cast at the election favored ratifying the agreement.
(b)  An agreement ratified as described by Subsection (a) may establish a procedure by which the parties agree to resolve disputes related to a right, duty, or obligation provided by the agreement, including binding arbitration on a question involving interpretation of the agreement.
(c)  A state district court of a judicial district in which the majority of the territory within the corporate limits of the principal municipality in the authority is located has jurisdiction to hear and resolve a dispute under the ratified agreement on the application of a party to the agreement aggrieved by an action or omission of the other party when the action or omission is related to a right, duty, or obligation provided by the agreement.  The court may issue proper restraining orders, temporary and permanent injunctions, or any other writ, order, or process, including contempt orders, that are appropriate to enforcing the agreement.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.757. Agreement Supersedes Conflicting Provisions

Sec. 451.757.  AGREEMENT SUPERSEDES CONFLICTING PROVISIONS.  (a)  A written agreement ratified under this subchapter preempts, during the term of the agreement and to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the state, by the authority or another political subdivision, or by a division or agent of the authority or other political subdivision, such as a personnel board or a civil service commission.
(b)  An agreement ratified under this subchapter may not interfere with the right of a member of a bargaining unit to pursue allegations of discrimination based on race, creed, color, national origin, religion, age, sex, or disability with the Commission on Human Rights or the federal Equal Employment Opportunity Commission or to pursue affirmative action litigation.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter P. Local Control of Peace Officer Employment Matters in Certain Authorities › Section 451.758. Election to Repeal Agreement

Sec. 451.758.  ELECTION TO REPEAL AGREEMENT.  (a)  Not later than the 60th day after the date an agreement is ratified by the public employer and the association, a petition signed by a number of registered voters who reside in the authority service area equal to 10 percent of the votes cast at the most recent general election in the county in which a majority of the territory within the corporate limits of the principal municipality in the authority is located may be presented to the county clerk of that county calling for the repeal of the agreement.
(b)  If a petition is presented to the county clerk under Subsection (a), the authority shall:
(1)  repeal the agreement;  or
(2)  certify that it is not repealing the agreement to the commissioners court of the county described by Subsection (a), which shall then call an election in the county to determine whether to repeal the agreement.
(c)  An election called under Subsection (b)(2) may be held as part of the next regularly scheduled general election or at a special election called by the commissioners court for that purpose.  The ballot shall be printed to provide for voting for or against the proposition:  "Repeal the agreement ratified on _____ (date agreement was ratified) by the __________ (name of authority) and the peace officers employed by the authority concerning wages, salaries, rates of pay, hours of work, and other terms of employment."
(d)  If a majority of the votes cast at the election favor the repeal of the agreement, the agreement is void.
Added by Acts 2001, 77th Leg., ch. 186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter A. General Provisions › Section 452.002. Determination of Population

Sec. 452.002.  DETERMINATION OF POPULATION.  In this chapter, population of a municipality or area is determined by the most recent federal census unless there has been no federal census in the preceding five years, in which case the population is the latest population estimate of the appropriate metropolitan planning organization.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter A. General Provisions › Section 452.003. Municipalities May Provide Transportation Services

Sec. 452.003.  MUNICIPALITIES MAY PROVIDE TRANSPORTATION SERVICES.  This chapter does not prohibit a municipality from providing public or complementary transportation services.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter A. General Provisions › Section 452.004. Executive Committee of Authority Consisting of One Subregion

Sec. 452.004.  EXECUTIVE COMMITTEE OF AUTHORITY CONSISTING OF ONE SUBREGION.  The executive committee of an authority that consists of one subregion, other than an authority created by a contiguous municipality, is the board for the subregion and the members of the executive committee are selected in the manner prescribed for selection of the members of the board for that subregion.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.051. Powers Applicable to Confirmed Authority

Sec. 452.051.  POWERS APPLICABLE TO CONFIRMED AUTHORITY.  This subchapter applies only to an authority that has been confirmed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.052. Nature of Authority

Sec. 452.052.  NATURE OF AUTHORITY.  (a)  An authority:
(1)  is a public political entity and corporate body;
(2)  has perpetual succession;  and
(3)  exercises public and essential governmental functions.
(b)  The exercise of a power granted by this chapter, including a power relating to a station or terminal complex, is for a public purpose and is a matter of public necessity.
(c)  An authority is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the authority are not proprietary functions for any purpose including the application of Chapter 101, Civil Practice and Remedies Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.053. Responsibility for Control of Authority

Sec. 452.053.  RESPONSIBILITY FOR CONTROL OF AUTHORITY.  Except as provided by Section 452.104, the executive committee is responsible for the management, operation, and control of an authority and its property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.054. General Powers of Authority

Sec. 452.054.  GENERAL POWERS OF AUTHORITY.  (a)  An authority has any power necessary or convenient to carry out this chapter or to effect a purpose of this chapter.
(b)  An authority may sue and be sued.  An authority may not be required to give security for costs in a suit brought or prosecuted by the authority and may not be required to give a supersedeas or cost bond in an appeal of a judgment.
(c)  An authority may hold, use, sell, lease, dispose of, and acquire, by any means, property and licenses, patents, rights, and other interests necessary, convenient, or useful to the exercise of any power under this chapter.
(d)  An authority may sell, lease, or dispose of in another manner:
(1)  any right, interest, or property of the authority that is not needed for, or, if a lease, is inconsistent with, the efficient operation and maintenance of the public transportation system;  or
(2)  at any time, surplus materials or other property that is not needed for the requirements of the authority or for carrying out a power under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.055. Contracts; Grants and Loans

Sec. 452.055.  CONTRACTS;  GRANTS AND LOANS.  (a)  An authority may contract with any person.
(b)  An authority may accept a grant or loan from any person.
(c)  An authority may enter one or more agreements with any municipality included in the area of the authority for the distribution of the authority's revenues.
(d)  The terms of a contract between a regional authority and a subregional authority created by a contiguous municipality or between a regional authority and a joint subregional authority must be approved by the governing body of each municipality participating in the subregional or joint subregional authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.056. Operation of Public Transportation System

Sec. 452.056.  OPERATION OF PUBLIC TRANSPORTATION SYSTEM.  (a)  An authority may:
(1)  acquire, construct, develop, plan, own, operate, and maintain a public transportation system in the territory of the authority, including the territory of a political subdivision;
(2)  contract with a municipality, county, or other political subdivision for the authority to provide public transportation services outside the authority;  and
(3)  lease all or a part of the public transportation system to, or contract for the operation of all or a part of the public transportation system by, an operator.
(b)  An authority, as the authority determines advisable, shall determine routes.
(c)  The executive committee may submit a referendum for the approval of a power granted by Subsection (a) or (b).
(d)  A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except that an independent contractor of the authority that, on or after June 14, 1989, performs a function of the authority or an entity described by Section 452.0561 that is created to provide transportation services is liable for damages only to the extent that the authority or entity would be liable if the authority or entity itself were performing the function and only for a cause of action that accrues on or after that date.
(e)  An authority consisting of one subregion governed by a subregional board created under Subchapter O  shall, at least once every five years, evaluate each distinct transportation service the authority provides that generates revenue, including light rail, bus, van, taxicab, and other public transportation services, and determine whether the authority should solicit competitive, sealed bids from other entities to provide these transportation services.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.10, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.0561. Liability of Transportation Entity Providing Public Transportation

Sec. 452.0561.  LIABILITY OF TRANSPORTATION ENTITY PROVIDING PUBLIC TRANSPORTATION.  (a)  This section applies only to a transportation entity created under:
(1)  Subtitle C or D of Title 5 or Chapter 172, 173, or 174; or
(2)  former Title 112, Revised Statutes.
(b)  A transportation entity created for the purpose of providing public transportation is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the entity are essential governmental functions and not proprietary functions for any purpose, including the application of Chapter 101, Civil Practice and Remedies Code.
(c)  An independent contractor of a transportation entity performing a function of the entity or an authority  is liable for damages only to the extent that the entity or authority would be liable if the entity or authority itself were performing the function.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.05, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.057. Acquisition of Property by Agreement

Sec. 452.057.  ACQUISITION OF PROPERTY BY AGREEMENT.  An authority may acquire rolling stock or other property under a contract or trust agreement, including a conditional sales contract, lease, and equipment trust certificate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.058. Use and Acquisition of Property of Others

Sec. 452.058.  USE AND ACQUISITION OF PROPERTY OF OTHERS.  (a)  For a purpose described by Section 452.056(a)(1) and as necessary or useful in the construction, repair, maintenance, or operation of the public transportation system, an authority may:
(1)  use a public way, including an alley;  and
(2)  directly, or indirectly by another person, relocate or reroute the property of another person or alter the construction of the property of another person.
(b)  For an act authorized by Subsection (a)(2), an authority may contract with the owner of the property to allow the owner to make the relocation, rerouting, or alteration by the owner's own means or through a contractor of the owner.  The contract may provide for reimbursement of the owner for costs or payment to the contractor.
(c)  An authority may acquire by eminent domain any interest in real property, including a fee simple interest and the use of air or subsurface space, except the right of eminent domain may not be exercised:
(1)  in a municipality without the approval of each proposed acquisition by the governing body of the municipality or in an unincorporated area without the approval of each proposed acquisition by the commissioners court of the county in which the property to be condemned is located;  or
(2)  in a manner that would:
(A)  unduly impair the existing neighborhood character of property surrounding, or adjacent to, the property to be condemned;
(B)  unduly interfere with interstate commerce;  or
(C)  authorize the authority to run an authority vehicle on a railroad track that is used to transport property.
(d)  If an authority, through the exercise of a power under this chapter, makes necessary the relocation or rerouting of, or alteration of the construction of, a road, alley, overpass, underpass, railroad track, bridge, or associated property, an electric, telegraph, telephone, or television cable line, conduit, or associated property, or a water, sewer, gas, or other pipeline, or associated property, the relocation or rerouting or alteration of the construction must be accomplished at the sole cost and expense of the authority, and damages that are incurred by an owner of the property must be paid by the authority.
(e)  Unless the power of eminent domain is exercised, an authority may not begin an activity authorized under Subsection (a) to alter or damage property of others, including this state or a political subdivision of this state, without having first received the written permission of the owner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.059. Eminent Domain Proceedings

Sec. 452.059.  EMINENT DOMAIN PROCEEDINGS.  (a)  An eminent domain proceeding by an authority is initiated by the adoption by the executive committee of a resolution that:
(1)  describes the property interest to be acquired by the authority;
(2)  declares the public necessity for and interest in the acquisition;  and
(3)  states that the acquisition is necessary and proper for the construction, extension, improvement, or development of the public transportation system.
(b)  A resolution adopted under this section and approved by resolution of the appropriate municipal governing body or commissioners court is conclusive evidence of the public necessity for the acquisition described in the resolution and that the property interest is necessary for public use.
(c)  Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to an eminent domain proceeding by an authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.060. Agreement With Utilities, Carriers

Sec. 452.060.  AGREEMENT WITH UTILITIES, CARRIERS.  An authority may agree with any other public or private utility, communication system, common carrier, or transportation system for:
(1)  the joint use in the authority of the property of the agreeing entities;  or
(2)  the establishment of through routes, joint fares, or transfers of passengers.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.0611. Enforcement of Fares and Other Charges; Penalties

Sec. 452.0611.  ENFORCEMENT OF FARES AND OTHER CHARGES;  PENALTIES.  (a)   An executive committee by resolution may prohibit the use of the public transportation system by a person who fails to possess evidence showing that the appropriate fare for the use of the system has been paid and may establish reasonable and appropriate methods, using transit police officers or fare enforcement officers under Section 452.0612, to ensure that persons using the public transportation system pay the appropriate fare for that use.
(b)  An executive committee by resolution may provide that a fare for or charge for the use of the public transportation system that is not paid incurs a penalty, not to exceed $100.
(c)  The authority shall post signs designating each area in which a person is prohibited from using the transportation system without possession of evidence showing that the appropriate fare has been paid.
(d)  A person commits an offense if:
(1)  the person or another for whom the person is criminally responsible under Section 7.02, Penal Code, uses the public transportation system and does not possess evidence showing that the appropriate fare has been paid;  and
(2)  the person fails to pay the appropriate fare or other charge for the use of the public transportation system and any penalty on the fare on or before the 30th day after the date the authority notifies the person that the person is required to pay the amount of the fare or charge and the penalty.
(e)  The notice required by Subsection (d)(2) may be included in a citation issued to the person by a peace officer under Article 14.06, Code of Criminal Procedure, or by a fare enforcement officer under Section 452.0612, in connection with an offense relating to the nonpayment of the appropriate fare or charge for the use of the public transportation system.
(f)  An offense under Subsection (d) is a Class C misdemeanor.
(g)  An offense under Subsection (d) is not a crime of moral turpitude.
Added by Acts 2003, 78th Leg., ch. 1113, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.0612. Fare Enforcement Officers

Sec. 452.0612.  FARE ENFORCEMENT OFFICERS.  (a)  The authority may employ persons to serve as fare enforcement officers to enforce the payment of fares for use of the public transportation system by:
(1)  requesting and inspecting evidence showing payment of the appropriate fare from a person using the public transportation system;  and
(2)  issuing a citation to a person described by Section 452.0611(d)(1).
(b)  Before commencing duties as a fare enforcement officer a person must complete a 40-hour training course approved by the authority that is appropriate to the duties required of a fare enforcement officer.
(c)  While performing duties, a fare enforcement officer shall:
(1)  wear a distinctive uniform that identifies the officer as a fare enforcement officer;  and
(2)  work under the direction of the chief of police of the authority.
(d)  A fare enforcement officer may:
(1)  request evidence showing payment of the appropriate fare from passengers of the public transportation system;
(2)  request personal identification from a passenger who does not produce evidence showing payment of the appropriate fare on request by the officer;
(3)  request that a passenger leave the public transportation system if the passenger does not possess evidence of payment of the appropriate fare;  and
(4)  file a complaint in the appropriate court that charges the person with an offense under Section 452.0611(d).
(e)  A fare enforcement officer may not carry a weapon while performing duties under this section.
(f)  A fare enforcement officer is not a peace officer and has no authority to enforce a criminal law, other than the authority possessed by any other person who is not a peace officer.
Added by Acts 2003, 78th Leg., ch. 1113, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.0613. Enforcement of High Occupancy Vehicle Lane Usage; Penalties

Sec. 452.0613.  ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANE USAGE; PENALTIES.  (a)  An executive committee by resolution may regulate or prohibit improper entrance into, exit from, and vehicle occupancy in high occupancy vehicle lanes operated, managed, or maintained by the authority.
(b)  An executive committee by resolution may establish reasonable and appropriate methods to enforce regulations or prohibitions established under Subsection (a).
(c)  An executive committee by resolution may provide that violations regarding improper entrance into, exit from, or vehicle occupancy in high occupancy vehicle lanes operated, managed, or maintained by the authority incur a penalty, not to exceed $100.
(d)  A person commits an offense if the person fails to pay any designated penalty on or before the 30th day after the date the authority notifies the person that the person is required to pay a penalty for:
(1)  exiting or entering a high occupancy vehicle lane operated, managed, or maintained by an authority at a location not designated for exit or entrance; or
(2)  operating a vehicle in or entering a high occupancy vehicle lane operated, managed, or maintained by an authority with fewer than the required number of occupants.
(e)  The notice required by Subsection (d) may be included in a citation issued to the person by a peace officer under Article 14.06, Code of Criminal Procedure, in connection with an offense relating to improper use of a high occupancy vehicle lane.
(f)  An offense under Subsection (d) is a Class C misdemeanor.
Added by Acts 2011, 82nd Leg., R.S., Ch. 644 (S.B. 990), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.062. Insurance

Sec. 452.062.  INSURANCE.  (a)  An authority may insure, through purchased insurance policies or self-insurance programs, or both, the legal liability of the authority and of its contractors and subcontractors arising from the acquisition, construction, or operation of the programs and facilities of the authority for:
(1)  personal or property damage;  and
(2)  officers' and employees' liability.
(b)  An authority may use contracts, rating plans, and risk management programs designed to encourage collision prevention.
(c)  In developing an insurance or self-insurance program, an authority may consider the peculiar hazards, indemnity standards, and past and prospective loss and expense experience of the authority and of its contractors and subcontractors.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 12, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.063. Tax Exemption

Sec. 452.063.  TAX EXEMPTION.  The property, revenue, and income of an authority are exempt from state and local taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.064. Light Rail System: Regulatory Exemption

Sec. 452.064.  LIGHT RAIL SYSTEM:  REGULATORY EXEMPTION.  (a)  An authority that constructs or operates or contracts with another entity to construct or operate a light rail mass transit system is not subject to any state law regulating or governing the design, construction, or operation of a railroad, railway, street railway, street car, or interurban railway.
(b)  For purposes of ownership or transfer of ownership of an interest in real property, a light rail mass transit system line operating on property previously used by a railroad, railway, street railway, or interurban railway is a continuation of existing rail use.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.065. Electric Power for Rail System: Certain Authorities

Sec. 452.065.  ELECTRIC POWER FOR RAIL SYSTEM:  CERTAIN AUTHORITIES.  (a)  An authority in which the public transportation system includes or is to include passenger rail service propelled by electric power and in which all or a part of the service area is served by the electric power distribution systems of more than one electric utility company or municipally owned electric utility system may:
(1)  acquire, construct, own, and operate, for the sole purpose of powering its rail vehicles over its rail transportation system, sources of electric power, including wholly owned or partially owned generating facilities of any type and at any location, including fuel reserves and supplies;
(2)  in conjunction with owning a generating facility, acquire, construct, own, and operate transmission and distribution facilities needed to deliver power from the generating facility to its public transportation system;  and
(3)  contract for the purchase of power and energy with any supplier of power and energy that serves any part of the authority's public transportation service area for the sole purpose of supplying the power and energy necessary to operate the authority's rail vehicles.
(b)  The parties to a contract made under Subsection (a)(3) may fulfill the terms of the contract notwithstanding any order or rule of the Public Utility Commission of Texas with respect to certification, except that any supply of power or energy by one utility into the service area of another utility must be provided over transmission or distribution lines owned by the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter B. Powers of Authorities › Section 452.066. Elections

Sec. 452.066.  ELECTIONS.  (a)  In an election ordered by the executive committee:
(1)  the executive committee shall give notice of the election by publication in a newspaper of general circulation in the authority at least once each week for three consecutive weeks, with the first publication occurring at least 21 days before the date of election;  and
(2)  a resolution ordering the election and the election notice must show, in addition to the requirements of the Election Code, the hours of the election and polling places in election precincts.
(b)  Subsection (a) does not apply to an election under Section 452.715.
(c)  A copy of the notice of each election held under this chapter shall be furnished to the Texas Transportation Commission and the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.101. Executive Committee: Powers

Sec. 452.101.  EXECUTIVE COMMITTEE:  POWERS.  The executive committee may:
(1)  employ and prescribe the compensation for a chief executive officer whom the committee may designate as the general manager or the executive director;
(2)  appoint auditors and attorneys and prescribe their duties, compensation, and tenure;
(3)  adopt a seal for the authority;
(4)  set the fiscal year for the authority;
(5)  establish a complete system of accounts for the authority;
(6)  designate by resolution an authorized representative of the authority to, according to terms prescribed by the executive committee:
(A)  invest authority funds;  and
(B)  withdraw money from authority accounts for investments;  and
(7)  designate by resolution an authorized representative of the authority to supervise the substitution of securities pledged to secure authority funds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.102. Investments

Sec. 452.102.  INVESTMENTS.  (a)  The executive committee may invest authority funds in:
(1)  direct and indirect obligations, including treasury receipts evidencing ownership of future interest and principal payments on their receipts, of the United States and of its instrumentalities, including a Federal Home Loan Bank, Federal Farm Credit Bank, Federal Home Loan Mortgage Association, Federal National Mortgage Association, Government National Mortgage Association, Student Loan Marketing Association, and International Bank for Reconstruction and Development;
(2)  an obligation that:
(A)  is of any state, or of a state agency, or of a county, municipality, or other political subdivision of a state;
(B)  pays the principal and interest from taxes or revenues, or both taxes and revenues;  and
(C)  has a rating of not less than "A" or an equivalent rating by a nationally recognized rating firm;
(3)  direct repurchase agreements and reverse repurchase agreements that:
(A)  have defined termination dates secured by obligations described by Subdivision (1) or (2);  and
(B)  are executed with a bank or trust company organized under the laws of this state, any national banking association, or any government bond dealer reporting to and recognized as a primary dealer by the Federal Reserve Bank of New York;
(4)  the common trust funds of a bank and money market mutual funds that consist solely of assets described by Subdivision (1) or (2);
(5)  a certificate of deposit of a state or national bank guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or secured by obligations described by Subdivision (1) or (2) with a market value of not less than the principal amount of the certificate;
(6)  commercial paper rated "A1" or "P1" by a nationally recognized rating firm;
(7)  a foreign currency and any currency-swap agreement to the extent necessary to pay nondollar-denominated obligations;  and
(8)  any other investment authorized by resolution of the executive committee of the authority.
(b)  An authority, by contract the terms of which are appropriate and approved by the executive committee, may enter into:
(1)  an investment agreement relating to any investment described by this section;  and
(2)  an interest-rate swap or a similar agreement.
(c)  In addition to the other investments authorized by this section, the executive committee may invest authority funds in any investment authorized for an entity under Chapter 2256, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1028, Sec. 1, eff. June 19, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.103. Depository; Deposit of Funds

Sec. 452.103.  DEPOSITORY;  DEPOSIT OF FUNDS.  (a)  The executive committee shall designate one or more banks as depositories for authority funds.
(b)  All funds of an authority that are not otherwise invested shall be deposited in one or more of the authority's depository banks unless otherwise required by an order or resolution authorizing the issuance of an authority bond or note or other contractual undertaking.
(c)  Funds in a depository, to the extent that those funds are not insured by the Federal Deposit Insurance Corporation, shall be secured in the manner provided by law for the security of county funds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.104. Chief Executive: Duties

Sec. 452.104.  CHIEF EXECUTIVE:  DUTIES.  (a)  The general manager or executive director shall administer the daily operation of an authority.
(b)  In conformity with the policy of the executive committee, the general manager or executive director may:
(1)  employ persons to conduct the affairs of the authority, including any operating or management company;  and
(2)  remove any employee.
(c)  The general manager or executive director shall prescribe the duties, tenure, and compensation of each person employed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.105. Rules

Sec. 452.105.  RULES.  (a)  The executive committee by resolution may adopt rules for the:
(1)  safe and efficient operation and maintenance of the public transportation system;
(2)  use of the public transportation system and the authority's services by the public and the payment of fares, tolls, and other charges;  and
(3)  regulation of privileges on property owned, leased, or otherwise controlled by the authority.
(b)  The authority shall encourage to the maximum extent feasible the participation of private enterprise.
(c)  A notice of each rule adopted by the executive committee shall be published in a newspaper with general circulation in the area in which the authority is located once each week for two consecutive weeks after adoption of the rule.  The notice must contain a condensed statement of the substance of the rule and must advise that a copy of the complete text of the rule is filed in the principal office of the authority where the text may be read by any person.
(d)  A rule becomes effective 10 days after the date of the second publication of the notice under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.1055. Prohibition of Consumption of Alcoholic Beverage

Sec. 452.1055.  PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGE.  (a)  A board by resolution may prohibit the consumption of an alcoholic beverage on property an authority possesses or controls.  The resolution must describe with particularity each place where consumption of an alcoholic beverage is prohibited.
(b)  The authority shall post a sign in each place where consumption of an alcoholic beverage is prohibited under this section.  The sign must indicate that a person may not consume an alcoholic beverage in that place.
(c)  A person commits an offense if the person consumes an alcoholic beverage in a place where the consumption of an alcoholic beverage is prohibited under this section.
(d)  An offense under this section is a Class C misdemeanor.
(e)  In this section, "alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.29(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.106. Procurement Rules

Sec. 452.106.  PROCUREMENT RULES.  (a)  The executive committee may adopt and enforce procurement procedures, guidelines, and rules:
(1)  defining the terms in and implementing Sections 452.107 and 452.108(a) and (b);  or
(2)  covering:
(A)  the appointment of contracting officers;
(B)  the solicitation for and award of contracts, including the electronic transmission of bids and proposals and the use of the reverse auction procedure, as defined by Section 2155.062, Government Code;
(C)  the resolution of protests and contract disputes;
(D)  foreign currency transactions and conversions and foreign exchange rate risk management;  or
(E)  other aspects of the procurement process for domestic and international contracts.
(b)  Sections 452.107 and 452.108(a) and (b) and the procedures, guidelines, or rules adopted under this section confer no rights on an actual or potential bidder, offeror, contractor, or other person except as expressly stated in the procedures, guidelines, or rules.
(c)  A procurement procedure, guideline, or rule covering the electronic transmission of bids and proposals must provide:
(1)  for the identification, security, and confidentiality of an electronic bid or proposal;
(2)  that an electronic bid or proposal is not required to be sealed;  and
(3)  that an electronic bid or proposal remains effectively unopened until the appropriate time.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 63, Sec. 1, eff. Sept. 1, 2003.