reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.043. Employees

Sec. 281.043.  EMPLOYEES.  (a)  The board shall employ persons the board considers necessary to conduct the affairs of the authority, including engineers, attorneys, financial advisors, a general manager, bookkeepers, auditors, and secretaries.  The board shall determine the term of office and compensation of the employees.
(b)  A director may be employed as the general manager of the authority and is entitled to receive compensation in an amount fixed by the other directors.  A director employed as general manager shall continue to perform the duties of director.  If the general manager is not a director, the general manager shall execute a fidelity bond payable to the authority in the amount of $5,000, conditioned that the person will faithfully perform the duties of general manager.
(c)  The board may remove an employee.
(d)  The board may require an employee to execute a bond payable to the authority that is conditioned that the person will faithfully perform the duties of the employee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.044. Facilities

Sec. 281.044.  FACILITIES.  (a)  An authority may establish, acquire, lease as lessee or lessor, purchase, construct, improve, enlarge, equip, repair, operate, or maintain all or a designated part of:
(1)  a public improvement such as a civic center, civic center building, auditorium, opera house, music hall, exhibition hall, coliseum, museum, library, recreational building or facility, or other public building or related facility;  or
(2)  a structure, parking area, or facility located at or in the immediate vicinity of the public improvement and to be used in connection with the public improvement for off-street parking or storage of motor vehicles or other conveyances.
(b)  A lease made under Subsection (a) may contain any terms the board considers appropriate.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.045. Duration of Certain Leases

Sec. 281.045.  DURATION OF CERTAIN LEASES.  If an authority leases to or from any person all or part of any facilities constructed or acquired, or to be constructed or acquired, by the authority, the lease may not be for a term longer than 40 years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.046. Contracts

Sec. 281.046.  CONTRACTS.  (a)  An authority contracts in the name of the authority.
(b)  An authority may contract with the United States, this state, or a political subdivision or governmental agency of the United States or this state, for furnishing all or a part of the authority's services or facilities or for the joint ownership and operation of facilities, improvements, or equipment necessary to accomplish a purpose permitted by the authority.
(c)  An authority may contract with any person in the performance of a purpose permitted by the authority.  The contract must be on terms the board considers desirable, fair, and advantageous and may not be for a term longer than 40 years.
(d)  A director with a financial interest in a contract shall disclose the interest to the other directors and may not vote on the acceptance of the contract or participate in discussion on the contract.  If a director fails to disclose his interest in a contract, the contract is invalid.
(e)  If, after a contract is awarded, an authority decides that additional work is needed or that the character or type of work or facilities should be changed, the board may authorize change orders to the contract if the increase in the total cost of the contract is not greater than 25 percent.
(f)  The board may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of $50,000 or less.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.047. Contracts Over $50,000

Sec. 281.047.  CONTRACTS OVER $50,000.  (a)  This section applies to a contract that is for materials for, or construction of, facilities and that is for an amount greater than $50,000.
(b)  The board shall advertise the letting of a contract, including the general conditions, time, and place of the opening of the sealed bids.  The board shall publish the notice once a week for two consecutive weeks in one or more newspapers published in the county.  The first publication must be before the 14th day before the date the sealed bids are opened.
(c)  A contract under this section may cover all facilities of the authority, or the various elements of the facilities may be segregated for the purpose of receiving bids and awarding contracts.  A contract may provide that the facilities will be constructed in stages over a period of years.
(d)  A contract may provide for payment of a total sum that is the completed cost of the facilities or may be based on bids to cover the cost of units of the various elements entering into the work as estimated by the authority's architects or engineers, or a contract may be let and awarded in any other form and to any responsible person that, in the board's judgment, will be most advantageous to the authority and result in the best and most economical completion of the authority's proposed facilities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 10, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 11, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.048. Construction Bids; Contracts; Bonds

Sec. 281.048.  CONSTRUCTION BIDS;  CONTRACTS;  BONDS.  (a)  To bid on proposed construction work, a person must submit to the board a written sealed bid and a certified or cashier's check drawn on a responsible bank in the state or a bidder's bond for at least two percent of the total amount of the bid.
(b)  The board shall open all the bids at the same time.  The board may reject any or all bids.
(c)  If the chosen bidder fails or refuses to enter into a proper contract with the authority or to furnish the bond required by Subsection (e), the bidder forfeits the amount of the check or bond that accompanied the bid.
(d)  A contract for construction work must be in writing and signed by the board and the contractor.  The authority shall keep the contract in its records and make the contract available for public inspection.
(e)  A person to whom a contract is let must execute good and sufficient performance and payment bonds in accordance with Chapter 2253, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.049. Fees; Rules

Sec. 281.049.  FEES;  RULES.  (a)  An authority may adopt and enforce necessary charges, fees, or rentals for providing facilities or services.
(b)  An authority may adopt and enforce reasonable rules relating to its facilities.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.050. Acquisition of Land and Other Property

Sec. 281.050.  ACQUISITION OF LAND AND OTHER PROPERTY.  (a)  An authority may acquire land, materials, easements, rights-of-way, or other property considered necessary, incidental, or helpful to the accomplishment of a purpose stated in Section 281.044, including property considered necessary for the construction, improvement, extension, enlargement, operation, or maintenance of the authority's facilities.  An authority may acquire the property by gift, grant, purchase, or condemnation.
(b)  An authority may acquire fee simple title to, or an easement on, public or private land located in or out of the authority's boundaries.  An authority may acquire title to, or an easement on, property that is not held in fee.
(c)  An authority may lease property on terms the board considers advantageous to the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.051. Eminent Domain

Sec. 281.051.  EMINENT DOMAIN.  (a)  An authority may acquire land, easements, or other property within its boundaries by condemnation.  The authority may condemn the fee simple title or an easement.  The board shall institute condemnation proceedings in the name of the authority and shall direct the proceedings.
(b)  The manner in which an authority exercises the right of eminent domain is governed by Chapter 21, Property Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.052. Suits

Sec. 281.052.  SUITS.  An authority may, through its directors, sue and be sued in any court of this state in the name of the authority.  Service of process may be made by serving three directors.  Courts of this state shall take judicial notice of the establishment of an authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.053. Costs, Deposits, and Appeal Bonds

Sec. 281.053.  COSTS, DEPOSITS, AND APPEAL BONDS.  An authority is not required to give bond for appeal or for costs, or to deposit double the amount of an award, in a condemnation suit or other suit to which it is a party.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.054. Costs of Relocation

Sec. 281.054.  COSTS OF RELOCATION.  If the relocating, raising, rerouting, changing the grade, or altering the construction of a highway, railroad, electric transmission line, pipeline, or telephone or telegraph property is required by the authority's exercise of the power of eminent domain, power of relocation, or any other power, the required action shall be taken at the sole expense of the authority.  "Sole expense" means the actual costs of the required action and of the provision of a comparable replacement that does not enhance the facility after deducting the net salvage value derived from the old facility.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.055. Surplus Property

Sec. 281.055.  SURPLUS PROPERTY.  (a)  The board may order the sale of land or other property owned by the authority that the authority does not need.  The sale may be public or private.
(b)  Property owned by the authority that the authority does not need may be exchanged for other property.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.056. Addition of Municipalities

Sec. 281.056.  ADDITION OF MUNICIPALITIES.  (a)  To add a municipality to the authority, a petition signed by a majority of the members of the governing body of the municipality must be filed with the board.
(b)  If the board determines that the addition of the municipality to the authority is desirable or necessary, the board shall enter an order adding the municipality to the authority and shall file a copy of the order in the county deed records.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.057. Records

Sec. 281.057.  RECORDS.  The preservation, microfilming, destruction, or other disposition of the records of the authority is subject to the requirements of Subtitle C, Title 6, Local Government Code, and rules adopted under that subtitle.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1248, Sec. 59, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.058. Surety Bond Premiums

Sec. 281.058.  SURETY BOND PREMIUMS.  The board may pay the premiums on surety bonds required of officials or employees of the authority out of available funds of the authority, including proceeds from the sale of bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.059. Depository

Sec. 281.059.  DEPOSITORY.  The board shall designate by order or resolution one or more banks in or out of the authority's boundaries to serve as the depository for the authority's funds.  All funds of the authority shall be deposited in its depository unless an order or resolution authorizing the issuance of the authority's bonds requires a different disposition.  To the extent that funds in a depository bank are not insured by the Federal Deposit Insurance Corporation, they shall be secured in the manner provided for the security of county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.060. Investments

Sec. 281.060.  INVESTMENTS.  The board may invest and reinvest authority funds in direct or indirect obligations of the United States, an agency of the United States, the State of Texas, or a county, municipality, school district, or other political subdivision of the state.  Funds of the authority may be placed in certificates of deposit of state or national banks or savings and loan associations in the state if the certificates of deposit are secured in the manner provided for the security of county funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.061. Fiscal Year; Audit

Sec. 281.061.  FISCAL YEAR;  AUDIT.  (a)  The fiscal year of an authority is a calendar year, unless it is changed by the board.
(b)  An authority shall keep a complete system of accounts.  An independent certified public accountant or a firm of independent certified public accountants shall prepare an audit of an authority's affairs each year.  A signed copy of the audit report shall be delivered to each member of the board within 120 days after the last day of the fiscal year.  A copy of the audit shall be kept on file at the authority office and, as a public record, is open for inspection by any interested person during normal office hours.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter D. Powers and Duties › Section 281.062. Supplies; Seal

Sec. 281.062.  SUPPLIES;  SEAL.  (a)  The board may purchase materials, supplies, equipment, vehicles, and machinery needed by the authority.
(b)  The board shall adopt a seal for the authority.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.071. Issuance of Bonds

Sec. 281.071.  ISSUANCE OF BONDS.  (a)  An authority may issue revenue bonds for any purpose set forth in Subchapters A through E when the issuance is authorized by a resolution adopted by the board.  The bonds must be secured by a pledge of, and be payable from, all or a designated part of the authority's revenues from its facilities or any other source, including contract and lease proceeds.
(b)  The bonds may mature serially or in any other manner.  The bonds may not mature later than 40 years after the date of the bonds.
(c)  The bonds shall bear interest at a rate that does not exceed the maximum interest rate authorized by Chapter 1204, Government Code.
(d)  The bonds and the appurtenant interest coupons, if any, are investment securities under Chapter 8, Business & Commerce Code.
(e)  As provided by the board, the bonds and interest coupons:
(1)  may be issued registrable as to principal or as to both principal and interest;  and
(2)  may be made redeemable before maturity, at the option of the board, or may contain a mandatory redemption provision.
(f)  In the resolution authorizing the issuance of the bonds, the board shall designate the form and denominations of the bonds;  the manner, terms, conditions, and details of issuance;  and the manner of signing and executing the bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.301, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.072. Additional Security

Sec. 281.072.  ADDITIONAL SECURITY.  (a)  At the board's discretion, the bonds of an authority may be additionally secured by a deed of trust or mortgage lien on part or all of the physical properties of the authority, and franchises, easements, leases, and contracts and rights relating to those properties.  The trustee may operate the properties, sell the properties for payment of the bonds or interest on the bonds, and exercise all other powers and authority for the further security of the bonds.
(b)  The trust indenture, regardless of the existence of the deed of trust or mortgage lien on the properties, may:
(1)  contain provisions prescribed by the board for the security of the bonds and as preservation of the trust estate and for the modification or amendment of those provisions;
(2)  condition the right to spend authority money or sell authority property on the approval of a registered professional engineer or architect and provide for the manner of selecting the engineer or architect;  and
(3)  provide for the investment of funds of the authority.
(c)  A purchaser under a sale under a deed of trust or mortgage lien is the absolute owner of the properties, facilities, and rights purchased and may maintain and operate the properties.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.073. Bond Provisions

Sec. 281.073.  BOND PROVISIONS.  (a)  In a resolution authorizing the issuance of bonds under this chapter, including refunding bonds, the board may:
(1)  provide for the flow of funds and the establishment and maintenance of interest and sinking funds, reserve funds, and other funds;
(2)  make additional covenants that the board considers appropriate with respect to the bonds, the pledged revenues, and the operation and maintenance of the facilities of which the revenues are pledged, including provisions for the operation or leasing of the facilities and the use or pledge of money derived from the operation of the facilities, contracts, and leases;
(3)  prohibit the further issuance of bonds or other obligations payable from the pledged revenues;
(4)  reserve the right to issue, on conditions set forth in the resolution, additional bonds to be secured by a pledge of, and payable from, the revenues on a parity with, or subordinate to, the lien and pledge in support of the bonds being issued;  and
(5)  state other provisions and covenants that are not prohibited by the constitution of this state or by this chapter.
(b)  The board may adopt and provide for any other proceeding or instrument necessary or convenient in the issuance of authority bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.074. Sale of Bonds

Sec. 281.074.  SALE OF BONDS.  After bonds are issued, the board shall sell the bonds on the best terms and for the best possible price.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.075. Approval; Registration

Sec. 281.075.  APPROVAL;  REGISTRATION.  (a)  An authority shall submit the bonds it issues to the attorney general for examination.  If the attorney general finds that the bonds are authorized in accordance with law, the attorney general shall approve the bonds and the comptroller of public accounts shall register them.
(b)  Bonds that are approved and registered under Subsection (a) are incontestable in a court or other forum and are valid and binding obligations in accordance with their terms.
(c)  If the bonds recite that the security for the bonds includes a pledge of the proceeds of a contract or a lease to which the authority is a party, a copy of the contract or lease and of the proceedings authorizing the contract or lease may be submitted to the attorney general with the bond records.  If a contract or lease and a record of the corresponding proceedings is submitted to the attorney general, the approval of the bonds by the attorney general is also an approval of the contract or lease and the contract or lease is incontestable.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.076. Bond Proceeds

Sec. 281.076.  BOND PROCEEDS.  The board may appropriate or set aside from the proceeds from the sale of bonds an amount for the payment of interest, administrative and operating expenses expected to accrue during the period of construction as provided in the bond resolutions, and expenses incurred and that will be incurred in the issuance, sale, and delivery of the bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.077. Refund of Bonds

Sec. 281.077.  REFUND OF BONDS.  (a)  By resolutions adopted by the board, an authority may issue bonds to refund all or any outstanding bonds, including matured but unpaid interest coupons.  Refunding bonds may mature serially or in any other manner.  The bonds may not mature later than 40 years after the date of the bonds.  The bonds shall bear interest at a rate that does not exceed the maximum interest rate authorized by Chapter 1204, Government Code.
(b)  Refunding bonds may be sold in accordance with Subsection (c) or they may be made payable from the same source as the bonds being refunded or from any additional source.  The bonds must be approved by the attorney general in the same manner as original bonds and must be registered by the comptroller of public accounts on the surrender and cancellation of the bonds to be refunded.
(c)  The resolution authorizing the issuance of refunding bonds may provide that the bonds be sold and the proceeds deposited where the underlying bonds are payable.  If the amount deposited is sufficient to pay the interest and principal on the underlying bonds to their maturity dates, or to their option dates if the bonds have been called for payment before maturity, the authority may issue the refunding bonds before the cancellation of the bonds being refunded, and the comptroller of public accounts shall register the bonds without the surrender and cancellation of the underlying bonds.
(d)  Refunding may be accomplished in one or more installment deliveries.  Refunding bonds and the appurtenant interest coupons are investment securities under Chapter 8, Business & Commerce Code, and must be issued as provided in this chapter.
(e)  In lieu of the method set forth in this section, an authority may refund bonds as provided by general law.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.302, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.078. Bonds as Investments; Security

Sec. 281.078.  BONDS AS INVESTMENTS;  SECURITY.  (a)  Bonds issued by an authority are legal and authorized investments for a bank, a trust company, a savings and loan association, an insurance company, a fiduciary, or a trustee and for interest or sinking funds or other public funds of the state or of an agency, subdivision, or instrumentality of the state, including a county, municipality, school district, or other district, public agency, or body politic.
(b)  Bonds issued by an authority may be security for deposits of public funds of the state or of an agency, subdivision, or instrumentality of the state, including a county, municipality, school district, or other district, public agency, or body politic, to the extent of the market value of the bonds and appurtenant unmatured interest coupons.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter E. Revenue Bonds › Section 281.079. Paid Bonds and Coupons

Sec. 281.079.  PAID BONDS AND COUPONS.  When a bond, interest coupon, note, or warrant of the authority is paid, it shall be delivered to the authority or destroyed.  If a bond, coupon, note, or warrant is destroyed, evidence of the destruction shall be furnished to the board.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter F. Contracts With Civic Center Authorities › Section 281.091. Authorization; Purposes

Sec. 281.091.  AUTHORIZATION;  PURPOSES.  On terms a municipality considers desirable, fair, and advantageous and with the approval of a majority of the governing body, a municipality may make a contract with a civic center authority under which the authority, for the benefit of the municipality, exercises its authority under Section 281.044.  Under the contract, the authority may provide to the municipality all or part of its authorized services and facilities, in or out of the municipality's boundaries.  The term of the contract may not be longer than 40 years.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter F. Contracts With Civic Center Authorities › Section 281.092. Payments

Sec. 281.092.  PAYMENTS.  (a)  A municipality shall pay the amounts prescribed by the contract from any available funds, including property taxes.
(b)  To pledge property taxes as part or all of the required payments under the contract, before it enters into a contract with an authority a municipality must obtain voter approval at an election conducted substantially according to the applicable procedures in Chapter 1251, Government Code. Each qualified voter in the municipality is entitled to vote in the election.  If the voters authorize the payments from property taxes, the contract may provide that the payments are payable from and are obligations against only the taxing power of the municipality or may provide that the payments are payable from taxes and other funds and revenues specified in the contract.  After the election and concurrently with, or prior to, making the contract, the municipality shall provide for the annual assessment and collection of an amount that is sufficient to make the contract payments and to create a sinking fund of at least two percent.
(c)  An authority or a holder of authority bonds may not demand payment of the municipality's obligation out of funds raised by taxation if the municipality has not complied with Subsection (b).
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.303, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 281 - Municipal Civic Center Authorities › Subchapter F. Contracts With Civic Center Authorities › Section 281.093. Conflict With Municipal Charter

Sec. 281.093.  CONFLICT WITH MUNICIPAL CHARTER.  If this subchapter conflicts with the charter of a home-rule municipality contracting under this subchapter, this subchapter controls.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 282 - Municipal Authority Over Public Grounds › Section 282.001. General Authority of Home-Rule Municipality

Sec. 282.001.  GENERAL AUTHORITY OF HOME-RULE MUNICIPALITY.  (a)  A home-rule municipality has exclusive control over and under the public grounds of the municipality.
(b)  The municipality may control, regulate, or remove an encroachment or obstruction on the public grounds of the municipality.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 11, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 282 - Municipal Authority Over Public Grounds › Section 282.002. General Authority of General-Law Municipality

Sec. 282.002.  GENERAL AUTHORITY OF GENERAL-LAW MUNICIPALITY.  (a)  A general-law municipality has exclusive control over the public grounds of the municipality.
(b)  The municipality may abate or remove an encroachment or obstruction on the public grounds of the municipality.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 11, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 282 - Municipal Authority Over Public Grounds › Section 282.003. Authority of Home-Rule Municipality to Grant Franchise

Sec. 282.003.  AUTHORITY OF HOME-RULE MUNICIPALITY TO GRANT FRANCHISE.  (a)  The governing body of a home-rule municipality by ordinance may grant to a person a franchise to use or occupy the public grounds of the municipality.
(b)  The authority to grant a franchise to use or occupy the public grounds is the exclusive authority of the governing body, and the charter of the municipality may not grant the franchise.
(c)  A franchise under this section:
(1)  is subject to the same petition and election provisions that apply to a franchise under Subchapter D, Chapter 311, Transportation Code;  and
(2)  may not extend beyond the period set for its termination.
Added by Acts 1995, 74th Leg., ch. 165, Sec. 11, eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter A. General Provisions › Section 283.001. State Policy; Purpose

Sec. 283.001.  STATE POLICY;  PURPOSE.  (a)  It is the policy of this state to:
(1)  encourage competition in the provision of telecommunications services;
(2)  reduce the barriers to entry for providers of services so that the number and types of services offered by providers continue to increase through competition;
(3)  ensure that providers of telecommunications services do not obtain a competitive advantage or disadvantage in their ability to obtain use of a public right-of-way within a municipality;  and
(4)  fairly reduce the uncertainty and litigation concerning franchise fees.
(b)  It is also the policy of this state that municipalities:
(1)  retain the authority to manage a public right-of-way within the municipality to ensure the health, safety, and welfare of the public;  and
(2)  receive from certificated telecommunications providers fair and reasonable compensation for the use of a public right-of-way within the municipality.
(c)  The purpose of this chapter is to establish a uniform method for compensating municipalities for the use of a public right-of-way by certificated telecommunications providers that:
(1)  is administratively simple for municipalities and telecommunications providers;
(2)  is consistent with state and federal law;
(3)  is competitively neutral;
(4)  is nondiscriminatory;
(5)  is consistent with the burdens on municipalities created by the incursion of certificated telecommunications providers into a public right-of-way;  and
(6)  provides fair and reasonable compensation for the use of a public right-of-way.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter A. General Provisions › Section 283.002. Definitions

Sec. 283.002.  DEFINITIONS.  In this chapter:
(1)  "Access line":
(A)  means, unless the commission adopts a different definition under Section 283.003, a unit of measurement representing:
(i)  each switched transmission path of the transmission media that is physically within a public right-of-way extended to the end-use customer's premises within the municipality, that allows the delivery of local exchange telephone services within a municipality, and that is provided by means of owned facilities, unbundled network elements or leased facilities, or resale;
(ii)  each termination point or points of a nonswitched telephone or other circuit consisting of transmission media located within a public right-of-way connecting specific locations identified by, and provided to, the end-use customer for delivery of nonswitched telecommunications services within the municipality;  or
(iii)  each switched transmission path within a public right-of-way used to provide central office-based PBX-type services for systems of any number of stations within the municipality, and in that instance, one path shall be counted for every 10 stations served;  and
(B)  may not be construed to include interoffice transport or other transmission media that do not terminate at an end-use customer's premises or to permit duplicate or multiple assessment of access line rates on the provision of a single service.
(2)  "Certificated telecommunications provider" means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service or a person who provides voice service.
(3)  "Commission" means the Public Utility Commission of Texas.
(4)  "Consumer price index" means the annual revised consumer price index for all urban consumers for Texas, as published by the Federal Bureau of Labor Statistics.
(5)  "Local exchange telephone service" has the meaning assigned by Section 51.002, Utilities Code.
(6)  "Public right-of-way" means the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest.  The term does not include the airwaves above a right-of-way with regard to wireless telecommunications.
(7)  "Voice service" means voice communications services provided through wireline facilities located at least in part in the public right-of-way, without regard to the delivery technology, including Internet protocol technology.  The term does not include voice service provided by a commercial mobile service provider as defined by 47 U.S.C. Section 332(d).
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 28, eff. September 7, 2005.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter A. General Provisions › Section 283.003. Commission Review

Sec. 283.003.  COMMISSION REVIEW.  (a)  Not later than September 1, 2002, the commission shall determine whether changes in technology, facilities, or competitive or market conditions justify a modification in the commission-established categories of access lines or, if necessary, the adoption of a definition of "access line" provided by this section.  The commission may not begin a review authorized by this section before March 1, 2002.
(b)  As part of the proceeding described by Subsection (a), and as necessary after that proceeding, the commission by rule may modify the definition of "access line" and the categories of access lines as necessary to ensure competitive neutrality and nondiscriminatory application and to maintain consistent levels of compensation, as annually increased by growth in access lines and consumer price index, as applicable, to the municipalities.
(c)  After September 1, 2002, the commission, on its own motion, shall make the determination required by this section at least once every three years.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter A. General Provisions › Section 283.004. Application

Sec. 283.004.  APPLICATION.  This chapter applies only to municipal regulations and fees imposed on and collected from certificated telecommunications providers.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter A. General Provisions › Section 283.005. Information

Sec. 283.005.  INFORMATION.  (a)  The commission may collect and compile any information from certificated telecommunications providers and municipalities as is necessary to implement this chapter.
(b)  The commission shall maintain the confidentiality of the information described by Subsection (a) in accordance with Section 52.207, Utilities Code.
(c)  Information provided to municipalities under this chapter shall be governed by confidentiality procedures established by the commission in compliance with Section 52.207, Utilities Code.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter A. General Provisions › Section 283.006. Fee Requirement for Use of Right-of-Way

Sec. 283.006.  FEE REQUIREMENT FOR USE OF RIGHT-OF-WAY.  (a)  Notwithstanding any other law, a certificated telecommunications provider that does not use a public right-of-way within the municipality may not be required to pay franchise fees, right-of-way fees or any other fee or other compensation, other than a fee or compensation excluded from the "base amount" under Section 283.053(a), directly to the municipality to provide local exchange telephone service in the municipality.
(b)  This section does not affect the number of access lines counted and reported to the commission under Section 283.055.
(c)  The commission shall adopt rules to determine the method of payment and to ensure that access line fees are paid on a competitively neutral and non-discriminatory basis by certificated telecommunications providers that provide more access lines than they purchase from an underlying provider of resold services or unbundled network elements.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter B. Right-of-Way Fees › Section 283.052. Effect of Payment of Right-of-Way Fees to Municipality

Sec. 283.052.  EFFECT OF PAYMENT OF RIGHT-OF-WAY FEES TO MUNICIPALITY.  (a)  Subject to the requirements of Sections 283.056 and 283.057, a certificated telecommunications provider that complies with this chapter and commission orders issued under this chapter:
(1)  may erect poles or construct conduit, cable, switches, and related appurtenances and facilities and excavate within a public right-of-way to provide telecommunications service;  and
(2)  is not subject to municipal franchise requirements.
(b)  All use of a public right-of-way is nonexclusive and subject to Section 283.056.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 9 - Public Buildings and Grounds › Subtitle A - Municipal Public Buildings and Grounds › Chapter 283 - Management of Public Right-of-Way Used by Telecommunications Provider in Municipality › Subchapter B. Right-of-Way Fees › Section 283.057. Indemnity

Sec. 283.057.  INDEMNITY.  (a)  Certificated telecommunications providers shall indemnify and hold the municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the certificated telecommunications provider, any agent, officer, director, representative, employee, affiliate, or subcontractor of the certificated telecommunications provider, or their respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way.  The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the municipality, its officers, employees, contractors, or subcontractors.  If a certificated telecommunications provider and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the municipality under state law and without waiving any defenses of the parties under state law.  This section is solely for the benefit of the municipality and certificated telecommunications provider and does not create or grant any rights, contractual or otherwise, to any other person or entity.
(b)  A certificated telecommunications provider or municipality shall promptly advise the other in writing of any known claim or demand against the certificated telecommunications provider or the municipality related to or arising out of the certificated telecommunications provider's activities in a public right-of-way.
(c)  Municipalities with franchise agreements or ordinances applicable to certificated telecommunications providers in effect under a general-use ordinance adopted before January 12, 1999, and after July 1, 1998, and having 1.3 million access lines or more within the municipality on September 1, 1999, may continue to enforce the indemnity provision contained in those franchise agreements or ordinances until the earlier of the date the franchise agreements or ordinances expire or December 31, 2003.  A certificated telecommunications provider providing access lines in a municipality described by this subsection is also subject to the indemnity provided by this section.
Added by Acts 1999, 76th Leg., ch. 840, Sec. 1, eff. Sept. 1, 1999.