reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.059. Authority to Issue Revenue Bonds

Sec. 367.059.  AUTHORITY TO ISSUE REVENUE BONDS.  (a)  The governing body of a municipality may issue, sell, and deliver revenue bonds to accomplish the purposes of this subchapter.  The municipality may use the bonds or the proceeds of the sale of the bonds to acquire all or part of a toll bridge under this subchapter or may exchange the bonds for property to accomplish the purposes of this subchapter.
(b)  The governing body may issue the bonds and use a bond or bond proceeds as provided by this subchapter without:
(1)  giving or publishing notice of the municipality's intent to take that action;  or
(2)  advertising or calling for competitive bids in connection with that action.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.060. Bonds and Warrants Not Payable From Taxes

Sec. 367.060.  BONDS AND WARRANTS NOT PAYABLE FROM TAXES.  (a)  Bonds and warrants issued under this subchapter are not a debt of the municipality that issues them and are a charge only against:
(1)  the pledged revenues of the toll bridge;  and
(2)  the property comprising the toll bridge, if a lien is given on that property.
(b)  A bond or warrant issued under this subchapter must include substantially the following provision:  "The holder of this obligation is not entitled to demand payment of this obligation out of any money raised by taxation."
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.061. Mortgage or Pledge of Revenue to Secure Bonds

Sec. 367.061.  MORTGAGE OR PLEDGE OF REVENUE TO SECURE BONDS.  To accomplish any purpose of this subchapter, the governing body of a municipality may with respect to bonds issued under this subchapter:
(1)  mortgage or pledge all or part of:
(A)  any interest in a toll bridge of the municipality, together with any associated right or property described by Section 367.052, or any other property acquired or to be acquired with the bonds or the proceeds of the sale of the bonds;  or
(B)  the net or gross revenue of any property described by Paragraph (A);
(2)  secure the payment of the principal of and interest on the bonds and of the sinking fund and reserve fund agreed to be established in connection with the bonds;  and
(3)  enter into any covenant or agreement with the purchasers of the bonds or any person on behalf of those purchasers with respect to the bonds to:
(A)  secure the payments described by Subdivision (2);  and
(B)  provide rights and remedies to the purchasers or holders of the bonds or any person on their behalf.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.062. Maturity

Sec. 367.062.  MATURITY.  The governing body of a municipality shall determine the maturity of bonds issued under this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.063. Sale or Exchange of Bonds

Sec. 367.063.  SALE OR EXCHANGE OF BONDS.  A bond issued under this subchapter may be:
(1)  sold for cash at a public or private sale;
(2)  issued in exchange for property of any kind or an interest in property of any kind, as the governing body of the municipality determines is necessary and proper to accomplish a purpose of this subchapter;  or
(3)  issued in exchange for a matured or unmatured bond of the same issue and in the same principal amount.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.064. Deposit of Proceeds

Sec. 367.064.  DEPOSIT OF PROCEEDS.  The proceeds of the sale of bonds sold for cash shall be deposited and paid out under the terms that are agreed to by the governing body of the municipality and the purchasers of the bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.065. Authority to Issue Bonds or Warrants to Repair, Improve, or Build Toll Bridge

Sec. 367.065.  AUTHORITY TO ISSUE BONDS OR WARRANTS TO REPAIR, IMPROVE, OR BUILD TOLL BRIDGE.  (a)  A municipality that has acquired a toll bridge under this subchapter may issue and deliver revenue bonds or revenue time warrants:
(1)  to repair, improve, alter, reconstruct, or replace the bridge;
(2)  to build an additional bridge;  or
(3)  for one or more of those purposes.
(b)  The municipality shall issue the bonds or warrants:
(1)  in the manner prescribed by this subchapter;  and
(2)  subject to any restriction in an ordinance authorizing or a deed of indenture securing the original or a subsequent issue of toll bridge bonds or warrants.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.066. Tax Exemptions

Sec. 367.066.  TAX EXEMPTIONS.  Bonds issued under this subchapter are exempt from taxation by this state or a municipality or other political subdivision of this state.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.067. Limitations on Municipal Authority

Sec. 367.067.  LIMITATIONS ON MUNICIPAL AUTHORITY.  This subchapter does not authorize a municipality to:
(1)  impose or collect a tax or assessment or pledge the credit of this state;  or
(2)  issue, sell, or deliver a bond, create an obligation, incur a liability, or enter an agreement to be paid, performed, met, or discharged using any tax or assessment.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.068. Applicability of and Conflicts With Other Law

Sec. 367.068.  APPLICABILITY OF AND CONFLICTS WITH OTHER LAW.  (a)  Sections 252.046, 252.047, and 252.048, Local Government Code, and Subchapter B, Chapter 1502,  Government Code, apply, except as provided by Section 367.051, Section 367.059, or another provision of this subchapter, to:
(1)  the purchase of a toll bridge under this subchapter;
(2)  the issuance, sale, or delivery of bonds under this subchapter;
(3)  the manner of securing payment of the bonds;
(4)  the enforcement of the obligations relating to the bonds;
(5)  the rights and remedies of the owners or holders of the bonds or of any person acting on their behalf;
(6)  the maintenance or operation of property acquired under this subchapter;  and
(7)  the accomplishment of any other purpose of this subchapter.
(b)  To the extent of a conflict between this subchapter and another law, this subchapter controls.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 43, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter C. Bonds for Repair or Improvement of Toll Bridge › Section 367.101. Applicability of Subchapter

Sec. 367.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a municipality that owns that portion of an international toll bridge over the Rio Grande that is located in the United States.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter C. Bonds for Repair or Improvement of Toll Bridge › Section 367.102. Authority to Issue Revenue Bonds

Sec. 367.102.  AUTHORITY TO ISSUE REVENUE BONDS.  The municipality may, in compliance with Subtitles A, C, D, and E, Title 9, Government Code, issue bonds payable from the net revenue derived from the operation of the bridge to:
(1)  repair or improve the bridge;
(2)  acquire an approach to the bridge;  or
(3)  construct a building to be used in connection with the bridge.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter C. Bonds for Repair or Improvement of Toll Bridge › Section 367.103. Additional Bonds

Sec. 367.103.  ADDITIONAL BONDS.  (a)  The municipality may issue additional revenue bonds to the extent permitted or authorized by the provisions of or the proceedings relating to outstanding bonds that are payable from the net revenue from the operation of the bridge, including any trust indenture securing the outstanding bonds.
(b)  As permitted or authorized by those provisions and proceedings, the additional bonds may be secured by a pledge of and lien on the net revenue that are:
(1)  junior to the pledge and lien securing the outstanding bonds;  or
(2)  on a parity with the outstanding bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter A. General Provisions › Section 370.001. Short Title

Sec. 370.001.  SHORT TITLE.  This chapter may be cited as the Regional Mobility Authority Act.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter A. General Provisions › Section 370.004. Construction Costs Defined

Sec. 370.004.  CONSTRUCTION COSTS DEFINED.  (a)  The cost of acquisition, construction, improvement, extension, or expansion of a transportation project under this chapter includes the cost of:
(1)  the actual acquisition, construction, improvement, extension, or expansion of the transportation project;
(2)  the acquisition of real property, rights-of-way, property rights, easements, and other interests in real property;
(3)  machinery and equipment;
(4)  interest payable before, during, and for not more than three years after acquisition, construction, improvement, extension, or expansion as provided in the bond proceedings;
(5)  traffic estimates, revenue estimates, engineering and legal services, plans, specifications, surveys, appraisals, construction cost estimates, and other expenses necessary or incidental to determining the feasibility of the acquisition, construction, improvement, extension, or expansion;
(6)  necessary or incidental administrative, legal, and other expenses;
(7)  compliance with laws, regulations, and administrative rulings, including any costs associated with necessary environmental mitigation measures;
(8)  financing;
(9)  the assumption of debts, obligations, and liabilities of an entity relating to a transportation project transferred to an authority by that entity;
(10)  expenses related to the initial operation of the transportation project; and
(11)  payment obligations of an authority under a contract or agreement authorized by this chapter in connection with the acquisition, construction, improvement, extension, expansion, or financing of the transportation project.
(b)  Costs attributable to a transportation project and incurred before the issuance of bonds to finance the transportation project may be reimbursed from the proceeds of sale of the bonds.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.63, eff. June 14, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.031. Creation of a Regional Mobility Authority

Sec. 370.031.  CREATION OF A REGIONAL MOBILITY AUTHORITY.  (a)  At the request of one or more counties, the commission by order may authorize the creation of a regional mobility authority for the purposes of constructing, maintaining, and operating transportation projects in a region of this state.  An authority is governed in accordance with Subchapter F.
(b)  An authority may not be created without the approval of the commission under Subsection (a) and the approval of the commissioners court of each county that will be a part of the authority.
(c)  A municipality that borders the United Mexican States and has a population of 105,000 or more has the same authority as a county, within its municipal boundaries, to create and participate in an authority.  A municipality creating or participating in an authority has the same powers and duties as a county participating in an authority, the governing body of the municipality has the same powers and duties as the commissioners court of a county participating in an authority, and an elected member of the municipality's governing body has the same powers and duties as a commissioner of a county that is participating in an authority.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.64, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.0311. Certain Municipalities

Sec. 370.0311.  CERTAIN MUNICIPALITIES.  (a)  This section applies to a municipality:
(1)  with a population of 5,000 or less; and
(2)  in which a ferry system that is a part of the state highway system is located.
(b)  A municipality has the same authority as a county under this chapter to create and participate in an authority.
(c)  A municipality that creates or participates in an authority has the same powers and duties as a county that creates or participates in an authority under this chapter.
(d)  The governing body of a municipality that creates or participates in an authority has the same powers and duties as a commissioners court of a county that creates or participates in an authority under this chapter.
(e)  An elected member of the governing body of a municipality that creates or participates in an authority has the same powers and duties as a commissioner of a county that creates or participates in an authority under this chapter.
Added by Acts 2005, 79th Leg., Ch. 877 (S.B. 1131), Sec. 5, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.0315. Addition and Withdrawal of Counties

Sec. 370.0315.  ADDITION AND WITHDRAWAL OF COUNTIES.  (a)  One or more counties may petition the commission for approval to become part of an existing authority.  The commission may approve the petition only if:
(1)  the board has agreed to the addition;  and
(2)  the commission finds that the affected political subdivisions in the county or counties will be adequately represented on the board.
(b)  One or more counties may petition the commission for approval to withdraw from an authority.  The commission may approve the petition only if:
(1)  the authority has no bonded indebtedness;  or
(2)  the authority has debt other than bonded indebtedness, but the board has agreed to the withdrawal.
(c)  A county may not become part of an authority or withdraw from an authority without the approval of the commission.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.032. Nature of Regional Mobility Authority

Sec. 370.032.  NATURE OF REGIONAL MOBILITY AUTHORITY.  (a)  An authority is a body politic and corporate and a political subdivision of this state.
(b)  An authority is a governmental unit as that term is defined in Section 101.001, Civil Practice and Remedies Code.
(c)  The exercise by an authority of the powers conferred by this chapter in the acquisition, design, financing, construction, operation, and maintenance of a transportation project or system is:
(1)  in all respects for the benefit of the people of the counties in which an authority operates and of the people of this state, for the increase of their commerce and prosperity, and for the improvement of their health, living conditions, and public safety;  and
(2)  an essential governmental function of the state.
(d)  The operations of an authority are governmental, not proprietary, functions.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.034. Establishment of Transportation Systems

Sec. 370.034.  ESTABLISHMENT OF TRANSPORTATION SYSTEMS.  (a)  If an authority determines that the traffic needs of the counties in which it operates and the traffic needs of the surrounding region could be most efficiently and economically met by jointly operating two or more transportation projects as one operational and financial enterprise, it may create a system made up of those transportation projects.  An authority may create more than one system and may combine two or more systems into one system.  An authority may finance, acquire, construct, and operate additional transportation projects as additions to or expansions of a system if the authority determines that the transportation project could most efficiently and economically be acquired or constructed if it were a part of the system and that the addition will benefit the system.
(b)  The revenue of a system shall be accounted for separately and may not be commingled with the revenue of a transportation project that is not a part of the system or with the revenue of another system.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.036. Transfer of Bonded Turnpike Project to Department

Sec. 370.036.  TRANSFER OF BONDED TURNPIKE PROJECT TO DEPARTMENT.  (a)  An authority may transfer to the department a turnpike project of the authority that has outstanding bonded indebtedness if the commission:
(1)  agrees to the transfer;  and
(2)  agrees to assume the outstanding bonded indebtedness.
(b)  The commission may assume the outstanding bonded indebtedness only if the assumption:
(1)  is not prohibited under the terms of an existing trust agreement or indenture securing bonds or other obligations issued by the commission for another project;
(2)  does not prevent the commission from complying with covenants of the commission under an existing trust agreement or indenture;  and
(3)  does not cause a rating agency maintaining a rating on outstanding obligations of the commission to lower the existing rating.
(c)  If the commission agrees to the transfer under Subsection (a), the authority shall convey the turnpike project and any real property acquired to construct or operate the turnpike project to the department.
(d)  At the time of a conveyance under this section, the commission shall designate the turnpike project as part of the state highway system.  After the designation, the authority has no liability, responsibility, or duty to maintain or operate the transferred turnpike project.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.037. Transfer of Ferry Connecting State Highways

Sec. 370.037.  TRANSFER OF FERRY CONNECTING STATE HIGHWAYS.  (a)  The commission by order may transfer a ferry operated under Section 342.001 to an authority if:
(1)  the commission determines that the proposed transfer is an integral part of the region's overall plan to improve mobility in the region;  and
(2)  the authority:
(A)  agrees to the transfer;  and
(B)  agrees to assume all liability and responsibility for the maintenance and operation of the ferry on its transfer.
(b)  An authority shall reimburse the commission for the cost of a transferred ferry unless the commission determines that the transfer will result in a substantial net benefit to the state, the department, and the traveling public that equals or exceeds that cost.
(c)  In computing the cost of the ferry, the commission shall:
(1)  include the total amount spent by the department for the original construction of the ferry, including the costs associated with the preliminary engineering and design engineering for plans, specifications, and estimates, the acquisition of necessary rights-of-way, and actual construction of the ferry and all necessary appurtenant facilities;  and
(2)  consider the anticipated future costs of expanding, improving, maintaining, or operating the ferry to be incurred by the authority and not by the department if the ferry is transferred.
(d)  The commission shall, at the time the ferry is transferred, remove the ferry from the state highway system.  After a transfer, the commission has no liability, responsibility, or duty for the maintenance or operation of the ferry.
(e)  Before transferring a ferry that is a part of the state highway system under this section, the commission shall conduct a public hearing at which interested persons shall be allowed to speak on the proposed transfer.  Notice of the hearing must be published in the Texas Register, one or more newspapers of general circulation in the counties in which the ferry is located, and a newspaper, if any, published in the counties of the applicable authority.
(f)  The commission shall adopt rules to implement this section.  The rules must include criteria and guidelines for the approval of a transfer of a ferry.
(g)  An authority shall adopt rules establishing criteria and guidelines for approval of the transfer of a ferry under this section.
(h)  An authority may permanently charge a toll for use of a ferry transferred under this section.  An authority may permanently charge a fee or toll for priority use of ferry facilities under Section 370.193.
(i)  The commission may not transfer a ferry under this section if the ferry is located in a municipality with a population of 5,000 or less unless the city council of the municipality approves the transfer.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 877 (S.B. 1131), Sec. 6, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.038. Commission Rules

Sec. 370.038.  COMMISSION RULES.  (a)  The commission shall adopt rules that:
(1)  govern the creation of an authority;
(2)  govern the commission's approval of a project under Section 370.187 and other commission approvals required by this chapter;
(3)  establish design and construction standards for a transportation project that will connect with a highway in the state highway system or a department rail facility;
(4)  establish minimum audit and reporting requirements and standards;
(5)  establish minimum ethical standards for authority directors and employees;  and
(6)  govern the authority of an authority to contract with the United Mexican States or a state of the United Mexican States.
(b)  The commission shall appoint a rules advisory committee to advise the department and the commission on the development of the commission's initial rules required by this section.  The committee must include one or more members representing an existing authority, if applicable.  Chapter 2110, Government Code, does not apply to the committee.  This subsection expires on the date the commission adopts initial rules under this section.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter B. Creation and Powers of Regional Mobility Authorities › Section 370.039. Transfer of Transportation Project or System

Sec. 370.039.  TRANSFER OF TRANSPORTATION PROJECT OR SYSTEM.  (a)  An authority may transfer any of its transportation projects or systems to one or more governmental entities if:
(1)  the authority has commitments from the governing bodies of the governmental entities to assume jurisdiction over the transferred projects or systems;
(2)  property and contract rights in the transferred projects or systems and bonds issued for the projects or systems are not affected unfavorably;
(3)  the transfer is not prohibited under the bond proceedings applicable to the transferred projects or systems;
(4)  adequate provision has been made for the assumption of all debts, obligations, and liabilities of the authority relating to the transferred projects or systems by the governmental entities assuming jurisdiction over the transferred projects or systems;
(5)  the governmental entities are authorized to assume jurisdiction over the transferred projects or systems and to assume the debts, obligations, and liabilities of the authority relating to the transferred projects or systems; and
(6)  the transfer has been approved by the commissioners court of each county that is part of the authority.
(b)  An authority may transfer to one or more governmental entities any traffic estimates, revenue estimates, plans, specifications, surveys, appraisals, and other work product developed by the authority in determining the feasibility of the construction, improvement, extension, or expansion of a transportation project or system, and the authority's rights and obligations under any related agreements, if the requirements of Subsections (a)(1) and (6) are met.
(c)  A governmental entity shall, using any lawfully available funds, reimburse any expenditures made by an authority from its feasibility study fund or otherwise to pay the costs of work product transferred to the governmental entity under Subsection (b) and any other amounts expended under related agreements transferred to the governmental entity.  The reimbursement may be made over time, as determined by the governmental entity and the authority.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.66, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter C. Feasibility of Regional Transportation Projects › Section 370.071. Expenditures for Feasibility Studies

Sec. 370.071.  EXPENDITURES FOR FEASIBILITY STUDIES.  (a)  An authority may pay the expenses of studying the cost and feasibility of a transportation project, the design and engineering of a transportation project, and any other expenses relating to the preparation and issuance of bonds for a proposed transportation project by:
(1)  using legally available revenue derived from an existing transportation project;
(2)  borrowing money and issuing bonds or entering into a loan agreement payable out of legally available revenue anticipated to be derived from the operation of an existing transportation project;
(3)  pledging to the payment of the bonds or a loan agreement legally available revenue anticipated to be derived from the operation of transportation projects or revenue legally available to the authority from another source; or
(4)  pledging to the payment of the bonds or a loan agreement the proceeds from the sale of other bonds.
(b)  Money spent under this section for a proposed transportation project must be reimbursed to the transportation project from which the money was spent from the proceeds of bonds issued for the acquisition and construction of the proposed transportation project, unless the transportation projects are or become part of a system under Section 370.034.
(c)  The use of any money of a transportation project to study the feasibility of another transportation project or used to repay any money used for that purpose does not constitute an operating expense of the transportation project producing the revenue and may be paid only from the surplus money of the transportation project as determined by the authority.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter C. Feasibility of Regional Transportation Projects › Section 370.072. Feasibility Study Fund

Sec. 370.072.  FEASIBILITY STUDY FUND.  (a)  An authority may maintain a feasibility study fund.  The fund is a revolving fund held in trust by a banking institution chosen by the authority and shall be kept separate from the money for a transportation project.
(b)  An authority may transfer an amount from a surplus fund established for a transportation project to the authority's feasibility study fund if the remainder of the surplus fund after the transfer is not less than any minimum amount required by the bond proceedings to be retained for that transportation project.
(c)  Money in the feasibility study fund may be used only to pay the expenses of studying the cost and feasibility of a transportation project, the design and engineering of a transportation project, and any other expenses relating to:
(1)  the preparation and issuance of bonds for the acquisition and construction of a proposed transportation project;
(2)  the financing of the improvement, extension, or expansion of an existing transportation project; and
(3)  private participation, as authorized by law, in the financing of a proposed transportation project, the refinancing of an existing transportation project or system, or the improvement, extension, or expansion of a transportation project.
(d)  Money spent under Subsection (c) for a proposed transportation project must be reimbursed from the proceeds of revenue bonds issued for, or other proceeds that may be used for, the acquisition, construction, improvement, extension, expansion, or operation of the transportation project.
(e)  For a purpose described by Subsection (c), an authority may borrow money and issue promissory notes or other interest-bearing evidences of indebtedness payable out of its feasibility study fund, pledging money in the fund or to be placed in the fund.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter C. Feasibility of Regional Transportation Projects › Section 370.073. Feasibility Study by Municipality, County, Other Governmental Entity, or Private Group

Sec. 370.073.  FEASIBILITY STUDY BY MUNICIPALITY, COUNTY, OTHER GOVERNMENTAL ENTITY, OR PRIVATE GROUP.  (a)  One or more municipalities, counties, or other governmental entities, a combination of municipalities, counties, and other governmental entities, or a private group or combination of individuals in this state may pay all or part of the expenses of studying the cost and feasibility of a transportation project, the design and engineering of a transportation project, and any other expenses relating to:
(1)  the preparation and issuance of bonds for the acquisition or construction of a proposed transportation project by an authority;
(2)  the improvement, extension, or expansion of an existing transportation project of the authority; or
(3)  the use of private participation under applicable law in connection with the acquisition, construction, improvement, expansion, extension, maintenance, repair, or operation of a transportation project by an authority.
(b)  Money spent under Subsection (a) for a proposed transportation project is reimbursable without interest and with the consent of the authority to the person paying the expenses described in Subsection (a) out of the proceeds from revenue bonds issued for or other proceeds that may be used for the acquisition, construction, improvement, extension, expansion, maintenance, repair, or operation of the transportation project.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.111. Transportation Revenue Bonds

Sec. 370.111.  TRANSPORTATION REVENUE BONDS.  (a)  An authority, by bond resolution, may authorize the issuance of bonds to pay all or part of the cost of a transportation project, to refund any bonds previously issued for the transportation project, or to pay for all or part of the cost of a transportation project that will become a part of another system.
(b)  As determined in the bond resolution, the bonds of each issue shall:
(1)  be dated;
(2)  bear interest at the rate or rates provided by the bond resolution and beginning on the dates provided by the bond resolution and as authorized by law, or bear no interest;
(3)  mature at the time or times provided by the bond resolution, not exceeding 40 years from their date or dates;  and
(4)  be made redeemable before maturity at the price or prices and under the terms provided by the bond resolution.
(c)  An authority may sell the bonds at public or private sale in the manner and for the price it determines to be in the best interest of the authority.
(d)  The proceeds of each bond issue shall be disbursed in the manner and under any restrictions provided in the bond resolution.
(e)  Additional bonds may be issued in the same manner to pay the costs of a transportation project.  Unless otherwise provided in the bond resolution, the additional bonds shall be on a parity, without preference or priority, with bonds previously issued and payable from the revenue of the transportation project.  In addition, an authority may issue bonds for a transportation project secured by a lien on the revenue of the transportation project subordinate to the lien on the revenue securing other bonds issued for the transportation project.
(f)  If the proceeds of a bond issue exceed the cost of the transportation project for which the bonds were issued, the surplus shall be segregated from the other money of the authority and used only for the purposes specified in the bond resolution.
(g)  Bonds issued and delivered under this chapter and interest coupons on the bonds are a security under Chapter 8, Business & Commerce Code.
(h)  Bonds issued under this chapter and income from the bonds, including any profit made on the sale or transfer of the bonds, are exempt from taxation in this state.
(i)  Bonds issued under this chapter shall be considered authorized investments under Chapter 2256, Government Code, for this state, any governmental entity, and any other public entity proposing to invest in the bonds.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.112. Interim Bonds

Sec. 370.112.  INTERIM BONDS.  (a)  An authority may, before issuing definitive bonds, issue interim bonds, with or without coupons, exchangeable for definitive bonds.
(b)  The interim bonds may be authorized and issued in accordance with this chapter, without regard to a requirement, restriction, or procedural provision in any other law.
(c)  A bond resolution authorizing interim bonds may provide that the interim bonds recite that the bonds are issued under this chapter.  The recital is conclusive evidence of the validity and the regularity of the bonds' issuance.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.113. Payment of Bonds; State and County Credit

Sec. 370.113.  PAYMENT OF BONDS;  STATE AND COUNTY CREDIT.  (a)  The principal of, interest on, and any redemption premium on bonds issued by an authority are payable solely from:
(1)  the revenue of the transportation project for which the bonds are issued;
(2)  payments made under an agreement with the commission, the department, or other governmental entity as authorized by this chapter;
(3)  money derived from any other source available to the authority, other than money derived from a transportation project that is not part of the same system or money derived from a different system, except to the extent that the surplus revenue of a transportation project or system has been pledged for that purpose;
(4)  amounts received under a credit agreement relating to the transportation project for which the bonds are issued; and
(5)  the proceeds of the sale of other bonds.
(b)  Bonds issued under this chapter do not constitute a debt of this state or of a governmental entity, or a pledge of the faith and credit of this state or of a governmental entity.  Each bond must contain on its face a statement to the effect that the state, the authority, or any governmental entity is not obligated to pay the bond or the interest on the bond from a source other than the amount pledged to pay the bond and the interest on the bond, and neither the faith and credit and taxing power of this state or of any governmental entity are pledged to the payment of the principal of or interest on the bond.  This subsection does not apply to a governmental entity that has entered into an agreement under Section 370.303.
(c)  An authority may not incur a financial obligation that cannot be paid from revenue derived from owning or operating the authority's transportation projects or from other revenue provided by law.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 7, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.114. Effect of Lien

Sec. 370.114.  EFFECT OF LIEN.  (a)  A lien on or a pledge of revenue from a transportation project under this chapter or on a reserve, replacement, or other fund established in connection with a bond issued under this chapter or a contract or agreement entered into under this chapter:
(1)  is enforceable at the time of payment for and delivery of the bond or on the effective date of the contract or agreement;
(2)  applies to each item on hand or subsequently received;
(3)  applies without physical delivery of an item or other act; and
(4)  is enforceable against any person having a claim, in tort, contract, or other remedy, against the applicable authority without regard to whether the person has notice of the lien or pledge.
(b)  A copy of any bond resolution shall be maintained in the regular records of the authority.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 8, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.115. Bond Indenture

Sec. 370.115.  BOND INDENTURE.  (a)  Bonds issued by an authority under this chapter may be secured by a bond indenture between the authority and a corporate trustee that is a trust company or a bank that has the powers of a trust company.
(b)  A bond indenture may pledge or assign the revenues to be received but may not convey or mortgage any part of a transportation project.
(c)  A bond indenture may:
(1)  set forth the rights and remedies of the bondholders and the trustee;
(2)  restrict the individual right of action by bondholders as is customary in trust agreements or indentures of trust securing corporate bonds and debentures;  and
(3)  contain provisions the authority determines reasonable and proper for the security of the bondholders, including covenants:
(A)  establishing the authority's duties relating to:
(i)  the acquisition of property;
(ii)  the construction, maintenance, operation, and repair of and insurance for a transportation project;  and
(iii)  custody, safeguarding, and application of money;
(B)  prescribing events that constitute default;
(C)  prescribing terms on which any or all of the bonds become or may be declared due before maturity;  and
(D)  relating to the rights, powers, liabilities, or duties that arise on the breach of a duty of the authority.
(d)  An expense incurred in carrying out a trust agreement may be treated as part of the cost of operating the transportation project.
(e)  In addition to all other rights by mandamus or other court proceeding, an owner or trustee of a bond issued under this chapter may enforce the owner's rights against an issuing authority, the authority's employees, the authority's board, or an agent or employee of the authority's board and is entitled to:
(1)  require the authority or the board to impose and collect tolls, fares, fees, charges, and other revenue sufficient to carry out any agreement contained in the bond proceedings;  and
(2)  apply for and obtain the appointment of a receiver for the transportation project or system.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.116. Approval of Bonds by Attorney General

Sec. 370.116.  APPROVAL OF BONDS BY ATTORNEY GENERAL.  (a)  An authority shall submit to the attorney general for examination the record of proceedings relating to bonds authorized under this chapter.  The record shall include the bond proceedings and any contract securing or providing revenue for the payment of the bonds.
(b)  If the attorney general determines that the bonds, the bond proceedings, and any supporting contract are authorized by law, the attorney general shall approve the bonds and deliver to the comptroller:
(1)  a copy of the legal opinion of the attorney general stating the approval;  and
(2)  the record of proceedings relating to the authorization of the bonds.
(c)  On receipt of the legal opinion of the attorney general and the record of proceedings relating to the authorization of the bonds, the comptroller shall register the record of proceedings.
(d)  After approval by the attorney general, the bonds, the bond proceedings, and any supporting contract are valid, enforceable, and incontestable in any court or other forum for any reason and are binding obligations according to their terms for all purposes.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.117. Furnishing of Indemnifying Bonds or Pledges of Securities

Sec. 370.117.  FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF SECURITIES.  (a)  A bank or trust company incorporated under the laws of this state that acts as depository of the proceeds of bonds or of revenue may furnish indemnifying bonds or pledge securities that an authority requires.
(b)  Bonds of an authority may secure the deposit of public money of this state or a political subdivision of this state to the extent of the lesser of the face value of the bonds or their market value.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter D. Transportation Project Financing › Section 370.118. Applicability of Other Law; Conflicts

Sec. 370.118.  APPLICABILITY OF OTHER LAW;  CONFLICTS.  All laws affecting the issuance of bonds by local governmental entities, including Chapters 1201, 1202, 1204, and 1371, Government Code, apply to bonds issued under this chapter.  To the extent of a conflict between those laws and this chapter, the provisions of this chapter prevail.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.