reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.104. Presiding Officer

Sec. 173.104.  PRESIDING OFFICER.  (a)  The directors shall elect one member as presiding officer.
(b)  The presiding officer may select another director to preside in the absence of the presiding officer.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.105. Meetings

Sec. 173.105.  MEETINGS.  The presiding officer shall call at least one meeting of the board each year and may hold other meetings as the presiding officer determines are appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.106. Board Meetings by Telephone or Videoconference

Sec. 173.106.  BOARD MEETINGS BY TELEPHONE OR VIDEOCONFERENCE.  (a)  Chapter 551, Government Code, does not prohibit the board from holding an open or closed meeting by telephone conference call or videoconference.
(b)  A meeting held by telephone conference call or videoconference need not have a quorum present at any one location.
(c)  A telephone conference call or videoconference meeting is subject to the notice requirements applicable to other meetings.
(d)  The notice of a telephone conference call or videoconference meeting must specify each location of the meeting where a director will participate and the physical location where the presiding officer of the board will preside.  Each of those locations must be open to the public during the open portion of the meeting.
(e)  Each part of a telephone conference call meeting that is required to be open to the public must be audible to the public at each meeting location specified in the notice of the meeting and shall be tape recorded.  The district shall make the tape recording available to the public.
(f)  Each part of a videoconference meeting that is required to be open to the public must:
(1)  be visible and audible to the public at each meeting location specified in the notice of the meeting; and
(2)  have two-way audio and video communications with each participant in the meeting during the entire meeting.
(g)  Without regard to whether a director is participating in a meeting from a remote location by videoconference call, the board may allow a member of the public to testify at a meeting from a remote location by videoconference call.  The board shall designate the location for public participation in the notice of the meeting.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.107. Rules for Proceedings

Sec. 173.107.  RULES FOR PROCEEDINGS.  The board shall adopt rules for its proceedings.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.108. Compensation; Reimbursement

Sec. 173.108.  COMPENSATION; REIMBURSEMENT.  A director is not entitled to compensation for serving as a director but is entitled to reimbursement for reasonable expenses incurred while serving as a director.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.109. Employees

Sec. 173.109.  EMPLOYEES.  The board may employ and compensate persons to carry out the powers and duties of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.110. Executive Committee

Sec. 173.110.  EXECUTIVE COMMITTEE.  The board shall appoint an executive committee.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 173.111. Retirement Benefits

Sec. 173.111.  RETIREMENT BENEFITS.  A district is eligible to participate in the Texas County and District Retirement System.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.151. General Powers of District

Sec. 173.151.  GENERAL POWERS OF DISTRICT.  (a)  A district has all the powers necessary or convenient to carry out the purposes of this chapter.
(b)  A district may generally perform all acts necessary for the full exercise of the district's powers.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.152. Rules

Sec. 173.152.  RULES.  To protect district residents' health, safety, and general welfare, a district may adopt rules to govern the operation of the district, its employees, the system, service provided by the district, and any other necessary matter concerning its purposes, including rules regarding health, safety, alcohol or beverage service, food service, or telephone or utility service.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.153. Agreements Generally

Sec. 173.153.  AGREEMENTS GENERALLY.  A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, public or private corporations, and any other person.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.154. Agreements With Other Entities for Joint Use

Sec. 173.154.  AGREEMENTS WITH OTHER ENTITIES FOR JOINT USE.  A district may:
(1)  make agreements with a public utility, private utility, communication system, common carrier, state agency, or transportation system for the joint use of facilities, installations, or property inside or outside the district; and
(2)  establish:
(A)  through routes;
(B)  joint fares; and
(C)  divisions of tariffs, subject to approval of a tariff-regulating body that has jurisdiction.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.155. Joint Ownership Agreements

Sec. 173.155.  JOINT OWNERSHIP AGREEMENTS.  A district may make a joint ownership agreement with any person.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.156. Exclusive Development Agreements

Sec. 173.156.  EXCLUSIVE DEVELOPMENT AGREEMENTS.  (a)  A board may enter into an exclusive development agreement with a private entity.
(b)  The exclusive development agreement:
(1)  at a minimum must provide for the design and construction of a commuter rail facility or system; and
(2)  may provide for the financing, acquisition, maintenance, or operation of a commuter rail facility or system.
(c)  The board may adopt rules governing an agreement under this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.157. Interlocal Agreements With Commission

Sec. 173.157.  INTERLOCAL AGREEMENTS WITH COMMISSION.  The commission may enter into an interlocal agreement with a district under which the district may exercise a power or duty of the commission for the development and efficient operation of intermodal corridors in the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.158. Awarding Construction or Purchase Contracts

Sec. 173.158.  AWARDING CONSTRUCTION OR PURCHASE CONTRACTS.  (a)  A contract in the amount of more than $15,000 for the construction of improvements or the purchase of material, machinery, equipment, supplies, or any other property except real property may be awarded only through competitive bidding after notice is published in a newspaper of general circulation in the district at least 15 days before the date set for receiving bids.
(b)  A board may adopt rules governing the taking of bids and the awarding of contracts.
(c)  This section does not apply to:
(1)  personal or professional services;
(2)  the acquisition of an existing rail transportation system;
(3)  a contract with a common carrier to construct lines and to operate commuter rail service on lines wholly or partly owned by the carrier; or
(4)  an agreement with a private entity under Section 173.156.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.159. Eminent Domain

Sec. 173.159.  EMINENT DOMAIN.  (a)  A district may exercise the power of eminent domain to acquire:
(1)  land in fee simple; or
(2)  any interest less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.
(b)  The power of eminent domain under this section does not apply to:
(1)  land under the jurisdiction of the department or a metropolitan transit authority; or
(2)  a rail line owned by a common carrier or municipality.
(c)  To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.
(d)  An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in the resolution:
(1)  is a public necessity; and
(2)  is necessary and proper for the construction, extension, improvement, or development of commuter rail facilities and is in the public interest.
(e)  The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.160. Suits

Sec. 173.160.  SUITS.  (a)  A district may:
(1)  sue and be sued;
(2)  institute and prosecute suits without giving security for costs; and
(3)  appeal from a judgment without giving a supersedeas or cost bond.
(b)  An action at law or in equity against the district must be brought in the county in which a principal office of the district is located, except that a suit in eminent domain must be brought in the county in which the land is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter D. General Powers and Duties › Section 173.161. Changing Name of District

Sec. 173.161.  CHANGING NAME OF DISTRICT.  The board shall adopt a name for the district and may by resolution change the name of the district.
Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.004(b), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.201. General Authority Over Commuter Rail Facilities

Sec. 173.201.  GENERAL AUTHORITY OVER COMMUTER RAIL FACILITIES.  A district may acquire, construct, develop, own, operate, and maintain intermodal and commuter rail facilities, or intercity or other types of passenger rail services, inside, or connect political subdivisions in, the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.005(a), eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.202. Powers Relating to District Property

Sec. 173.202.  POWERS RELATING TO DISTRICT PROPERTY.  A district may acquire by grant, purchase, gift, devise, lease, or otherwise and may hold, use, sell, lease, or dispose of property, including a license, a patent, a right, or an interest, necessary, convenient, or useful for the full exercise of its powers under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.203. Use and Alteration of Property of Another Political Subdivision

Sec. 173.203.  USE AND ALTERATION OF PROPERTY OF ANOTHER POLITICAL SUBDIVISION.  (a)  For a purpose described by Section 173.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the system, and with the consent of a municipality, county, or other political subdivision, a district may:
(1)  use streets, alleys, roads, highways, and other public ways of the political subdivision; and
(2)  relocate, raise, reroute, change the grade of, or alter, at the district's expense, the construction of a publicly owned or privately owned street, alley, highway, road, railroad, electric line or facility, telegraph or telephone property or facility, pipeline or facility, conduit or facility, and other property.
(b)  A district may not use or alter:
(1)  a road or highway in the state highway system without the permission of the commission; or
(2)  a railroad without permission of the railroad.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.204. Rules Governing System and Routings

Sec. 173.204.  RULES GOVERNING SYSTEM AND ROUTINGS.  A district by resolution may adopt rules governing the use, operation, and maintenance of the system and shall determine all routings and change them when the board considers it advisable.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.205. Acquisition of Property

Sec. 173.205.  ACQUISITION OF PROPERTY.  (a)  A district may purchase any interest in real property to acquire, construct, or operate a commuter rail facility on terms and at a price to which the district and the owner agree.
(b)  The governing body of a municipality, a county, any other political subdivision, or a public agency may convey the title or the rights and easements to property needed by the district for its purposes in connection with the acquisition, construction, or operation of the system.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.206. Acquisition of Rolling Stock and Other Property

Sec. 173.206.  ACQUISITION OF ROLLING STOCK AND OTHER PROPERTY.  A district may acquire rolling stock or other property under a conditional sales contract, lease, equipment trust certificate, or other form of contract or trust agreement.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.207. Compensation for Use of System Facilities

Sec. 173.207.  COMPENSATION FOR USE OF SYSTEM FACILITIES.  (a)  A district shall establish and maintain reasonable and nondiscriminatory rates or other compensation for the use of the facilities of the system acquired, constructed, operated, regulated, or maintained by the district.
(b)  Together with grants received by the district, the rates or other compensation must be sufficient to produce revenue adequate to:
(1)  pay all expenses necessary for the operation and maintenance of the district's property and facilities;
(2)  pay the principal of and interest on all bonds issued by the district under this chapter payable wholly or partly from the revenue, as they become due and payable; and
(3)  fulfill the terms of agreements made with the holders of bonds or with any person on their behalf.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.208. Operation or Use Contracts

Sec. 173.208.  OPERATION OR USE CONTRACTS.  (a)  A district may:
(1)  lease all or part of the commuter rail facilities to any operator; or
(2)  contract for the use or operation of all or part of the commuter rail facilities by any operator.
(b)  To the maximum extent practicable, the district shall encourage the participation of private enterprise in the operation of commuter rail facilities.
(c)  The term of an operating contract under this section may not exceed 20 years.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter E. Powers and Duties Relating to Acquisition, Construction, and Operation of Commuter Rail Facilities › Section 173.209. Rail Transportation Services Agreements With Other Political Subdivisions

Sec. 173.209.  RAIL TRANSPORTATION SERVICES AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS.  A district may contract with a county or other political subdivision of this state for the district to provide commuter rail transportation services to an area outside the district on terms to which the parties agree.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter F. Financial Provisions › Section 173.251. Fiscal Year

Sec. 173.251.  FISCAL YEAR.  Unless the board changes the fiscal year, the district's fiscal year ends on September 30.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter F. Financial Provisions › Section 173.252. Annual Budget

Sec. 173.252.  ANNUAL BUDGET.  (a)  Before beginning the operation of commuter rail facilities, the board shall adopt an annual operating budget specifying the district's anticipated revenue and expenses for the remainder of the fiscal year.  The district shall adopt an operating budget for each succeeding fiscal year.
(b)  The board must hold a public hearing before adopting each budget except the initial budget.  Notice of the hearing must be published at least seven days before the date of the hearing in a newspaper of general circulation in the district.
(c)  A budget may be amended at any time if notice of the proposed amendment is given in the notice of meeting.
(d)  An expenditure that is not budgeted may not be made.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter F. Financial Provisions › Section 173.253. Grants and Loans

Sec. 173.253.  GRANTS AND LOANS.  A district may accept grants and loans from the United States, this state and its agencies and political subdivisions, public or private corporations, and other persons.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter F. Financial Provisions › Section 173.254. Depository

Sec. 173.254.  DEPOSITORY.  (a)   The board by resolution shall name one or more banks for the deposit of district funds.
(b)  District funds are public funds and may be invested in securities permitted by Chapter 2256, Government Code.
(c)  To the extent district funds are not insured by the Federal Deposit Insurance Corporation or its successor, the funds shall be collateralized in the manner provided for county funds.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter F. Financial Provisions › Section 173.255. Purchase of Additional Insured Provisions

Sec. 173.255.  PURCHASE OF ADDITIONAL INSURED PROVISIONS.  A district may purchase an additional insured provision to any liability insurance contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter F. Financial Provisions › Section 173.256. Financing of Certain Transportation Infrastructure

Sec. 173.256.  FINANCING OF CERTAIN TRANSPORTATION INFRASTRUCTURE.  (a)  This section applies only to a local government, other than a school district, that is a member of a district and that is authorized to impose ad valorem taxes on real property.
(b)  A district may enter into an interlocal contract with one or more local government members for the financing of transportation infrastructure that is constructed or that is to be constructed in the territory of the local governments by the district.
(c)  The agreement must include:
(1)  the duration of the agreement;
(2)  a description of each transportation infrastructure project or proposed project;
(3)  a map showing the location of each project; and
(4)  an estimate of the cost of each project.
(d)  The agreement may establish one or more transportation infrastructure zones.  The district and the local government may agree that, at one or more specified times, the local government will pay to the district an amount that is calculated on the basis of increased ad valorem tax collections in a zone that are attributable to increased values of property located in the zone resulting from an infrastructure project.  Except as provided by Subsection (d-1), the amount may not exceed an amount that is equal to 30 percent of the increase in ad valorem tax collections for the specified period.
(d-1)  A transportation infrastructure zone of a district established before January 1, 2005, may consist of a contiguous or noncontiguous geographic area in the territory of one or more local governments and must include a commuter rail facility or the site of a proposed commuter rail facility.  The amount paid by a local government under Subsection (d) to a district established before January 1, 2005, may not exceed an amount that is equal to the increase in ad valorem tax collections in the zone for the specified period.
(e)  Money received by the district under this section may be used:
(1)  to provide a local match for the acquisition of right-of-way in the territory of the local government; or
(2)  for design, construction, operation, or maintenance of transportation facilities in the territory of the local government.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter F. Financial Provisions › Section 173.257. Tax Exemption

Sec. 173.257.  TAX EXEMPTION.  District property, material purchases, revenue, and income and the interest on bonds and notes issued by the district are exempt from any tax imposed by this state or a political subdivision of this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter G. Bonds › Section 173.301. Revenue Bonds

Sec. 173.301.  REVENUE BONDS.  A district may issue revenue bonds and notes in amounts that the board considers necessary or appropriate for the acquisition, purchase, construction, reconstruction, repair, equipping, improvement, or extension of its commuter rail facilities.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter G. Bonds › Section 173.302. Security for Payment of Bonds

Sec. 173.302.  SECURITY FOR PAYMENT OF BONDS.  (a)  To secure payment of district bonds or notes, the district may:
(1)  encumber and pledge all or part of the revenue of its commuter rail facilities; and
(2)  encumber all or part of the property of the commuter rail facilities and everything pertaining to them acquired or to be acquired.
(b)  Unless prohibited by the resolution or indenture relating to outstanding bonds or notes, a district may encumber separately any item of property.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter G. Bonds › Section 173.303. Bonds as Authorized Investments and Security for Deposits of Public Funds

Sec. 173.303.  BONDS AS AUTHORIZED INVESTMENTS AND SECURITY FOR DEPOSITS OF PUBLIC FUNDS.  (a)  District bonds and notes are legal and authorized investments for:
(1)  a bank;
(2)  a trust company;
(3)  a savings and loan association; and
(4)  an insurance company.
(b)  The bonds and notes are:
(1)  eligible to secure the deposit of public funds of this state or a municipality, a county, a school district, or any other political corporation or subdivision of this state; and
(2)  lawful and sufficient security for the deposit to the extent of the principal amount or market value of the bonds or notes, whichever is less.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter G. Bonds › Section 173.304. Limit on Power

Sec. 173.304.  LIMIT ON POWER.  (a)  A revenue bond indenture may limit the exercise of a power granted by Section 173.004, 173.005, 173.111, 173.151, 173.152, 173.153, 173.154, 173.155, 173.157, 173.159, 173.160, 173.201, 173.202, 173.203, 173.204, 173.205, 173.206, 173.207, 173.208, 173.209, 173.251, 173.252, 173.253, 173.254, or 173.255.
(b)  The limitation applies while any of the revenue bonds issued under the indenture are outstanding and unpaid.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter G. Bonds › Section 173.305. Tax Increment Fund for Transportation Infrastructure Zone in Certain Districts

Sec. 173.305.  TAX INCREMENT FUND FOR TRANSPORTATION INFRASTRUCTURE ZONE IN CERTAIN DISTRICTS.  A district established before January 1, 2005, that creates a transportation infrastructure zone shall establish a tax increment fund.  In addition to the amount of tax increment deposited to the tax increment fund, all revenue from the sale of tax increment bonds or notes under Section 173.306, revenue from the sale of any property acquired as part of a plan adopted to use tax increment financing, and other revenue to be used in implementing the plan shall be deposited in the tax increment fund for the zone.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter G. Bonds › Section 173.306. Tax Increment Bonds and Notes Issued by Local Government Member in Certain Districts

Sec. 173.306.  TAX INCREMENT BONDS AND NOTES ISSUED BY LOCAL GOVERNMENT MEMBER IN CERTAIN DISTRICTS.  (a)  This section applies only to a district created before January 1, 2005.
(b)  A local government member of a district creating a transportation infrastructure zone may issue tax increment bonds or notes, including refunding bonds, secured by revenue in the local government's tax increment fund.  Proceeds of bonds issued under this section may be used to:
(1)  pay project costs for the zone on behalf of which the bonds or notes were issued; or
(2)  satisfy claims of holders of the bonds or notes.
(c)  Tax increment bonds and notes are payable, as to both principal and interest, solely from the tax increment fund established for the transportation infrastructure zone.  The local government may pledge irrevocably all or part of the fund for payment of tax increment bonds or notes.  The part of the fund pledged in payment may be used only for the payment of the bonds or notes or interest on the bonds or notes until the bonds or notes have been fully paid.  A holder of the bonds or notes or of coupons issued on the bonds has a lien against the fund for payment of the bonds or notes and interest on the bonds or notes and may protect or enforce the lien at law or in equity.
(d)  A tax increment bond or note is not a general obligation of the local government issuing the bond or note.  A tax increment bond or note does not give rise to a charge against the general credit or taxing powers of the local government and is not payable except as provided by this section.
(e)  A local government's obligation to deposit sales and use taxes into the tax increment fund is not a general obligation of the local government.  An obligation to make payments from sales and use taxes does not give rise to a charge against the general credit or taxing powers of the local government and is not payable except as provided by this section.  A tax increment bond or note issued under this section that pledges payments must state the restrictions of this section on its face.
(f)  A tax increment bond or note may not be included in any computation of the debt of the issuing local government.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.351. Tax Authorized

Sec. 173.351.  TAX AUTHORIZED.  A sales and use tax is imposed on items sold on district property.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.352. Tax Rate

Sec. 173.352.  TAX RATE.  The sales and use tax shall be imposed at the rate of the highest combination of local sales and use taxes imposed at the time of the district's creation in any local governmental jurisdiction that is part of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.353. Preemption of Other Sales and Use Taxes

Sec. 173.353.  PREEMPTION OF OTHER SALES AND USE TAXES.  The tax imposed under this subchapter preempts all other local sales and use taxes that would otherwise be imposed on district property.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.354. Applicability of Tax Code

Sec. 173.354.  APPLICABILITY OF TAX CODE.  Chapter 321, Tax Code, governs the computation, administration, governance, and use of the tax except as inconsistent with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.355. Notice to Comptroller

Sec. 173.355.  NOTICE TO COMPTROLLER.  (a)  The district shall notify the comptroller in writing by United States registered or certified mail of the district's creation and of its intent to impose the sales and use tax under this chapter.
(b)  The district shall provide to the comptroller all information required to implement the tax, including:
(1)  an adequate map showing the property boundaries of the district;
(2)  a certified copy of the resolution of the board adopting the tax; and
(3)  certified copies of the resolutions of the governing bodies of the creating municipalities and of the commissioners courts of the counties in which the municipalities are located.
(c)  Not later than the 30th day after the date the comptroller receives the notice, map, and other information, the comptroller shall inform the district whether the comptroller is prepared to administer the tax.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.356. Notice to Local Governments

Sec. 173.356.  NOTICE TO LOCAL GOVERNMENTS.  At the same time the district notifies the comptroller under Section 173.355, the district shall:
(1)  notify each affected local governmental jurisdiction of the district's creation; and
(2)  provide each jurisdiction with an adequate map showing the property boundaries of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.357. Acquisition of Additional Territory Subject to Tax

Sec. 173.357.  ACQUISITION OF ADDITIONAL TERRITORY SUBJECT TO TAX.  (a)  Not later than the 30th day after the date a district acquires additional territory, the district shall notify the comptroller and each affected local governmental jurisdiction of the acquisition.
(b)  The district must include with each notification:
(1)  an adequate map showing the new property boundaries of the district; and
(2)  the date the additional territory was acquired.
(c)  Not later than the 30th day after the date the comptroller receives the notice under this section, the comptroller shall inform the district whether the comptroller is prepared to administer the tax in the additional territory.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.358. Duty of Comptroller

Sec. 173.358.  DUTY OF COMPTROLLER.  The comptroller shall:
(1)  administer, collect, and enforce a tax imposed under this chapter; and
(2)  remit to a district the tax collected on the district's property.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 173 - Intermunicipal Commuter Rail Districts › Subchapter H. Sales and Use Taxes › Section 173.359. Effective Date of Tax

Sec. 173.359.  EFFECTIVE DATE OF TAX.  A tax imposed under this chapter or the repeal of a tax imposed under this chapter takes effect on the first day of the first calendar quarter that begins after the expiration of the first complete calendar quarter that occurs after the date the comptroller receives a notice of the action as required by this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter A. General Provisions › Section 174.001. Definition of Person

Sec. 174.001.  DEFINITION OF PERSON.  In this chapter:
(1)  "person" includes a corporation, as provided by Section 312.011, Government Code; and
(2)  the definition of "person" assigned by Section 311.005, Government Code, does not apply.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter A. General Provisions › Section 174.002. Definitions

Sec. 174.002.  DEFINITIONS.  In this chapter:
(1)  "Board" means a district's board of directors.
(2)  "Commuter rail facility" means any property necessary for the transportation of passengers and baggage between locations in a district.  The term includes rolling stock, locomotives, stations, parking areas, and rail lines.
(3)  "Director" means a board member.
(4)  "District" means a commuter rail district created under this chapter or under Article 6550c-3, Revised Statutes, as that article existed before April 1, 2011.
(5)  "System" means all of the commuter rail and intermodal facilities leased or owned by or operated on behalf of a district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter A. General Provisions › Section 174.003. Nature of District

Sec. 174.003.  NATURE OF DISTRICT.  (a)  A district is a public body and a political subdivision of this state exercising public and essential governmental functions.
(b)  A district, in the exercise of powers under this chapter, is performing only governmental functions and is a governmental unit under Chapter 101, Civil Practice and Remedies Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter A. General Provisions › Section 174.004. Requirement for Service to Municipalities in District

Sec. 174.004.  REQUIREMENT FOR SERVICE TO MUNICIPALITIES IN DISTRICT.  A municipality located in a district that wishes to be served by commuter rail facilities of the district must pay for construction of a commuter rail station.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter B. Creation › Section 174.051. Creation of District

Sec. 174.051.  CREATION OF DISTRICT.  (a)  A district may be created to provide commuter rail service to counties along the Texas-Mexico border.
(b)  The commissioners court of a county may create a commuter rail district on adoption of an order favoring the creation.
(c)  Notwithstanding Subsections (a) and (b), a district may not be created in the boundaries of a regional transit authority under Chapter 463.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 2, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.101. Control of District

Sec. 174.101.  CONTROL OF DISTRICT.  A district is governed by a board of directors. The board is responsible for the management, operation, and control of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.102. Composition of Board; Terms

Sec. 174.102.  COMPOSITION OF BOARD; TERMS.  (a)  The board is composed of five directors appointed as follows:
(1)  one director appointed by the county judge; and
(2)  one director appointed by each county commissioner.
(b)  Each director serves a four-year term.  The board may provide for the staggering of the terms of its directors.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.103. Presiding Officer

Sec. 174.103.  PRESIDING OFFICER.  (a)  The directors shall elect one director as presiding officer.
(b)  The presiding officer may select another director to preside in the absence of the presiding officer.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.104. Meetings

Sec. 174.104.  MEETINGS.  The presiding officer shall call at least one meeting of the board each year and may call other meetings as the presiding officer determines are appropriate.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.105. Rules for Proceedings

Sec. 174.105.  RULES FOR PROCEEDINGS.  The board shall adopt rules for its proceedings.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.106. Compensation; Reimbursement

Sec. 174.106.  COMPENSATION; REIMBURSEMENT.  A director is not entitled to compensation for serving as a director but is entitled to reimbursement for reasonable expenses incurred while serving as a director.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.107. Employees

Sec. 174.107.  EMPLOYEES.  The board may employ and compensate persons to carry out the powers and duties of the district.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.108. Executive Committee

Sec. 174.108.  EXECUTIVE COMMITTEE.  The board shall appoint an executive committee.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
2023 Texas Statutes › Transportation Code › Title 5 - Railroads › Subtitle I - Special Districts › Chapter 174 - Commuter Rail Districts › Subchapter C. Board of Directors and Employees › Section 174.109. Retirement Benefits

Sec. 174.109.  RETIREMENT BENEFITS.  A district is eligible to participate in the Texas County and District Retirement System.
Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.