reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.134. Operating Reserve Account

Sec. 451.134.  OPERATING RESERVE ACCOUNT.  (a)  The board shall establish, in an account separate from other funds, a reserve account in an amount that is not less than an amount equal to actual operating expenses for two months.
(b)  The board shall adjust the amount held in the reserve account at least once annually based on the authority's actual operating reserves for the 12 months immediately preceding the adjustment.
(c)  The board may make an expenditure from the reserve account that causes the balance in the account to be less than the amount required under Subsection (b) only if the board considers the expense necessary to address circumstances that could not have been planned for or anticipated.  The board shall adopt criteria for expenditures under this subsection.
(d)  If reserve funds are spent under Subsection (c), the board shall, as soon as practicable, restore the balance of the reserve account to at least the amount in the account at the beginning of the fiscal year in which the spending occurred.
(e)  The board shall maintain, update, and post on the authority's Internet website accounting records of the reserve account's:
(1)  balance at the end of the fiscal year;
(2)  deposits;
(3)  expenditures; and
(4)  interest income.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.135. Strategic Plan

Sec. 451.135.  STRATEGIC PLAN.  (a)  The board shall adopt a strategic plan that establishes the authority's mission and goals and summarizes planned activities to achieve the mission and goals.
(b)  The plan must set policies and service priorities to guide the authority in developing a budget and allocating resources.
(c)  The plan should, as appropriate, align with the long-range transportation plan of the metropolitan planning organization that serves the area of the authority.
(d)  The board shall annually reevaluate and, if necessary, amend the plan to ensure compliance with this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.136. Rail Safety Plan and Reports

Sec. 451.136.  RAIL SAFETY PLAN AND REPORTS.  (a)  The board shall adopt and the general manager shall implement a rail safety plan in accordance with federal and industry standards for all authority rail activities, including commuter and freight rail activities.
(b)  The plan must address and emphasize ongoing maintenance and safety of the authority's railroad bridges.
(c)  To ensure that contractor services on the authority's rail system meet safety obligations, the plan must include specifics regarding monitoring of contractors for safety-related performance, including regular:
(1)  hazard analyses;
(2)  risk assessments; and
(3)  safety audits.
(d)  The general manager shall report quarterly to the board on the safety of the authority's rail system.  The authority shall provide to the Texas Department of Transportation all reports provided to the Federal Railroad Administration or Federal Transit Administration regarding any aspect of the rail system's safety at the time the reports are delivered to the Federal Railroad Administration or Federal Transit Administration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.137. Competitive Bids for and Purchase of Transit Services

Sec. 451.137.  COMPETITIVE BIDS FOR AND PURCHASE OF TRANSIT SERVICES.  (a)  Except as provided by Subsection (f), after providing notice of a proposal, a board must submit to competitive bids a contract for and must purchase transit services that:
(1)  include:
(A)  administration of motor bus or sedan transit services;
(B)  motor bus or sedan driving, maintenance, or repair;
(C)  transit services for persons who have disabilities, including through a program established under Section 451.254; or
(D)  rail transit services; and
(2)  are not provided wholly by an employee of the authority who is directly paid by the authority and works under the daily supervision of the authority's general manager.
(b)  For the purposes of Subsection (a)(2), services are not provided wholly by an employee of the authority if the person is an employee of an entity incorporated as a state nonprofit by the board of the authority and with which the authority contracts for transit or employee services.
(c)  Notice under Subsection (a) must be published in a newspaper of general circulation in the area in which the authority is located at least once each week for eight consecutive weeks before the date set for receiving the bids.  The first notice must be published at least 60 days before the date set for receiving bids.
(d)  A contract let under this section must include:
(1)  performance control measures;
(2)  incentives for performance;
(3)  penalties for noncompliance; and
(4)  a contract termination date.
(e)  The board shall adopt rules on:
(1)  the taking of bids;
(2)  the awarding of contracts; and
(3)  the waiver of the competitive bidding requirement if there is:
(A)  an emergency; or
(B)  only one source for the service or purchase.
(f)  Subsection (a) does not apply to a contract or purchase:
(1)  in an amount of $25,000 or less;
(2)  for personal or professional services; or
(3)  for the acquisition of an existing transit system.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.138. Public Involvement Policy

Sec. 451.138.  PUBLIC INVOLVEMENT POLICY.  (a)  The board shall adopt a policy of involving the public in board decisions regarding authority policies.  The policy must:
(1)  ensure that the public has an opportunity to comment on board matters before a vote on the matters;
(2)  ensure that any consent agenda or expedition of consideration of board matters at board meetings is used only for routine, noncontroversial matters;
(3)  establish a time frame and mechanism for the board to obtain public input throughout the year; and
(4)  plan for dissemination of information on how the public can be involved in board matters.
(b)  The board shall post the policy adopted under this section on the authority's Internet website.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.139. Issuance of Bonds for Self-Insurance or Retirement or Pension Fund Reserves

Sec. 451.139.  ISSUANCE OF BONDS FOR SELF-INSURANCE OR RETIREMENT OR PENSION FUND RESERVES.  (a)  An authority may issue bonds only in an amount necessary for managing or funding  retiree pension benefit obligations for pension plans existing as of January 1, 2011, and that result from the competitive bidding of transit services required by Section 451.137.
(b)  Section 451.352(c) does not apply to bonds described by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter D. Station or Terminal Complex Systems › Section 451.151. Station or Terminal Complex: System Plan

Sec. 451.151.  STATION OR TERMINAL COMPLEX:  SYSTEM PLAN.  (a)  An authority may not acquire an interest in real property for a station or terminal complex unless the station or terminal complex is included in the transit authority system in a comprehensive transit plan approved by a resolution of the board.  A mass transit facility of an authority is not a station or terminal complex under this subchapter unless the facility is included in the authority's comprehensive transit plan under this section.
(b)  A station or terminal complex may not be included in a transit authority system unless the board first finds that the station or complex:
(1)  will encourage and provide for efficient and economical mass transit;
(2)  will facilitate access to mass transit and provide for other mass transit purposes;
(3)  will reduce vehicular congestion and air pollution in the metropolitan area;  and
(4)  is reasonably essential to the successful operation of the transit authority system.
(c)  On making a finding under Subsection (b), the board may amend the authority's comprehensive transit plan to include a station or terminal complex.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter D. Station or Terminal Complex Systems › Section 451.152. Station or Terminal Complex: Facilities

Sec. 451.152.  STATION OR TERMINAL COMPLEX:  FACILITIES.  A station or terminal complex of an authority:
(1)  must include adequate provision for the transfer of passengers among the various means of transportation available to the complex;  and
(2)  may include provision for residential, institutional, recreational, commercial, and industrial facilities.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter D. Station or Terminal Complex Systems › Section 451.153. Approval of Municipality

Sec. 451.153.  APPROVAL OF MUNICIPALITY.  The location of a station or terminal complex in a municipality or in the extraterritorial jurisdiction of a municipality must be approved, as to conformity with the comprehensive or general plan of the municipality, by a motion, resolution, or ordinance adopted by the governing body of the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter D. Station or Terminal Complex Systems › Section 451.154. Station or Terminal Complex: Limitation on Real Property Acquisition

Sec. 451.154.  STATION OR TERMINAL COMPLEX:  LIMITATION ON REAL PROPERTY ACQUISITION.  (a)  An interest in real property may not be acquired for station or terminal complex facilities described by Section 451.152(2) unless the property:
(1)  is 1,500 feet or less from the center point of the station or terminal complex;  or
(2)  if farther than 1,500 feet from the center point of the station or terminal complex, is included in a master development plan adopted by the board and not acquired by eminent domain.
(b)  Notwithstanding Subsection (a), an authority created before 1980 in which the principal municipality has a population of less than 1.9 million may acquire, including through the use of eminent domain, an interest in real property for facilities if the property:
(1)  is 2,500 feet or less from the center point of the station or terminal complex; or
(2)  is included in a master development plan adopted by the board.
(c)  Before the commencement of an eminent domain proceeding to which this section applies, the board shall designate the center point of the station or terminal complex.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 151, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter D. Station or Terminal Complex Systems › Section 451.155. Transfer of Real Property in Station or Terminal Complex

Sec. 451.155.  TRANSFER OF REAL PROPERTY IN STATION OR TERMINAL COMPLEX.  (a)  An authority may transfer to any person by any means, including a sale or lease, an interest in real property in a station or terminal complex and may contract with respect to it, in accordance with the comprehensive transit plan approved by the board and subject to terms:
(1)  the board finds to be in the public interest or necessary to carry out this section;  and
(2)  the instrument transferring the title or right of use specifies.
(b)  A transfer must be at the fair value of the interest transferred considering the use designated for the real property in the authority's comprehensive transit plan.
(c)  A person from whom property offered for sale under this section was acquired by eminent domain or the threat of eminent domain has a first right to purchase the property at the price for which the property is offered to the public.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter E. Regional Economic Development Facilities in Stations or Terminal Complexes › Section 451.201. Definition

Sec. 451.201.  DEFINITION.  In this subchapter, "regional economic development facilities" includes only those facilities that will lead to the creation of new jobs, maintain existing jobs, or generally improve the conditions under which a local economy may prosper.  The term includes facilities primarily used for conventions, entertainment, special events, or professional or amateur sports.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter E. Regional Economic Development Facilities in Stations or Terminal Complexes › Section 451.202. Application of Subchapter Limited to Certain Authorities

Sec. 451.202.  APPLICATION OF SUBCHAPTER LIMITED TO CERTAIN AUTHORITIES.  This subchapter applies only to an authority created before 1980 in which the principal municipality has a population of less than 1.9 million.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 152, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter E. Regional Economic Development Facilities in Stations or Terminal Complexes › Section 451.203. Station or Terminal Complex: Regional Economic Development Facilities in Certain Authorities

Sec. 451.203.  STATION OR TERMINAL COMPLEX:  REGIONAL ECONOMIC DEVELOPMENT FACILITIES IN CERTAIN AUTHORITIES.  In addition to other facilities authorized by Subchapter D, a station or terminal complex may include regional economic development facilities that are approved by:
(1)  the board;
(2)  the governing body of the principal municipality in the authority;  and
(3)  the governing body of the municipality, other than the principal municipality, in which the station or terminal complex containing the facilities is located or in whose extraterritorial jurisdiction the station or terminal complex is located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter E. Regional Economic Development Facilities in Stations or Terminal Complexes › Section 451.204. Contracts for Regional Economic Development Facilities

Sec. 451.204.  CONTRACTS FOR REGIONAL ECONOMIC DEVELOPMENT FACILITIES.  (a)  An authority may:
(1)  plan, acquire, establish, develop, construct, improve, maintain, operate, regulate, protect, and police the regional economic development facility portion of a station or terminal complex;  or
(2)  agree with any person for the execution, in whole or part, of the activities described by Subdivision (1).
(b)  An agreement made under Subsection (a)(2) is not effective unless the governing body of the principal municipality in the authority approves the agreement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter E. Regional Economic Development Facilities in Stations or Terminal Complexes › Section 451.205. Station or Terminal Complex: Regional Economic Development Facilities Additional Tax

Sec. 451.205.  STATION OR TERMINAL COMPLEX:  REGIONAL ECONOMIC DEVELOPMENT FACILITIES ADDITIONAL TAX.  (a)  An authority may increase its sales and use tax rate, not to exceed the rate authorized by Sections 451.404 and 451.405, to provide for the planning, acquisition, establishment, development, and construction of a station or terminal complex that includes regional economic development facilities if a majority of the votes received in an election called for that purpose approve the increase.
(b)  An election under Subsection (a) may be called only if both the governing body of the principal municipality and the board by resolution order the election after:
(1)  a petition requesting an election is submitted to the board;
(2)  the board and the governing body hold separate public hearings on the ballot proposition;  and
(3)  notice is given of the intent to vote on the tax rate increase.
(c)  The notice provided under Subsection (b)(3) must include:
(1)  a statement or description of the purpose of the tax rate increase;  and
(2)  a statement that after five years the revenue from the tax rate increase may be used only for mass transit purposes other than the regional economic development facilities portion of the station or terminal complex, and then only if approved by the voters at an election held at that time.
(d)  To be valid, a petition under Subsection (b) must:
(1)  contain signatures of at least 10 percent of the registered voters of the authority collected not earlier than the 180th day before the date the petition is submitted to the board;
(2)  state that the petition is intended to initiate an election to increase the rate of the sales and use tax of the authority for the purpose of establishing and operating a regional economic development facility;  and
(3)  include the ballot proposition for the election.
(e)  The ballot proposition must contain a specific description of the regional economic development facilities projects to be financed by the revenue from the tax rate increase.
(f)  A petition is considered to be valid if the board fails to act on the petition before the 31st day after the date the petition is submitted to the board.
(g)  An election under this section may not be held earlier than the first anniversary after the date of a previous election to approve a tax rate increase under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter E. Regional Economic Development Facilities in Stations or Terminal Complexes › Section 451.206. Use of Revenue for Regional Economic Development Facilities

Sec. 451.206.  USE OF REVENUE FOR REGIONAL ECONOMIC DEVELOPMENT FACILITIES.  (a)  Revenue received from the collection of the authority's sales and use tax at the rate equal to the amount of the rate increase adopted under this subchapter may be used only to finance a project described in the ballot proposition.
(b)  The dedication of revenue under Subsection (a) expires on the fifth anniversary of the date the sales and use tax rate increase takes effect in the authority.
(c)  Money not used for the regional economic development facilities portion of a station or terminal complex may be used for other purposes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter E. Regional Economic Development Facilities in Stations or Terminal Complexes › Section 451.207. Continuation of Tax Rate Increase

Sec. 451.207.  CONTINUATION OF TAX RATE INCREASE.  On the expiration of the dedication of an authority's sales and use tax rate increase revenue as provided by Section 451.206, the board shall decrease the authority's sales and use tax rate to its previous rate unless:
(1)  the board determines that the revenue from the increased rate is necessary for purposes other than the regional economic development facilities portion of the station or terminal complex;
(2)  the board submits the question of the continuation of the increased rate to the voters of the authority at an election held as provided by this chapter;  and
(3)  at the election, a majority of the votes received on the measure favor the continuation of the increased tax rate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter F. Special Programs and Services › Section 451.251. Contract Goals for Disadvantaged Businesses

Sec. 451.251.  CONTRACT GOALS FOR DISADVANTAGED BUSINESSES.  An authority that does not have an up-to-date disadvantaged business enterprise program, as defined by 49 C.F.R. Part 23, to assist minorities and women in participating in authority contracts should establish goals for that participation.  The recommended contract goals are:
(1)  17 percent for construction, 11 percent for purchasing, and 24 percent for professional services;  or
(2)  the weighted average equivalent of the categories in Subdivision (1).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter F. Special Programs and Services › Section 451.252. Minority and Disadvantaged Individuals Program: Certain Authorities

Sec. 451.252.  MINORITY AND DISADVANTAGED INDIVIDUALS PROGRAM:  CERTAIN AUTHORITIES.  (a)  The board of an authority confirmed before July 1, 1985, shall establish a program to encourage participation in contracts of the authority by businesses owned by minorities or disadvantaged individuals.
(b)  This section does not apply to an authority created before 1980 in which the principal municipality has a population of less than 1.9 million.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 153, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter F. Special Programs and Services › Section 451.253. Minority and Women-Owned Business Program: Certain Authorities

Sec. 451.253.  MINORITY AND WOMEN-OWNED BUSINESS PROGRAM:  CERTAIN AUTHORITIES.  (a)  An authority with a regional economic development facility approved under Subchapter E  may establish a program reasonably designed to increase the participation of minority and women-owned businesses in public contracts awarded by the authority, and if the program is established, the board shall provide a plan to assist minority and women-owned businesses in the area served by the authority to achieve the purposes of the program.  If the board establishes an overall minority and women-owned business contract percentage goal as a part of the program, the goal may not exceed the capability of the minority and women-owned businesses in the area served by the authority to perform the number and type of contracts awarded by the authority, as determined by a qualified, independent source.
(b)  The board shall periodically review the effectiveness of the program and the reasonableness of the program goals.
(c)  This section does not affect Sections 451.110 and 451.111, but prospective bidders may be required to meet uniform standards designed to assure a reasonable degree of participation by minority and women-owned businesses in the performance of any contract.
(d)  In this section:
(1)  "Minority" includes blacks, Hispanics, Asian Americans, American Indians, and Alaska natives.
(2)  "Minority business" means a business concern more than 50 percent of which is owned and controlled in management and daily operations by members of one or more minorities.
(3)  "Women-owned business" means a business concern more than 50 percent of which is owned and controlled in management and daily operations by one or more women.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter F. Special Programs and Services › Section 451.254. Program for Persons With Physical Disabilities: Certain Authorities

Sec. 451.254.  PROGRAM FOR PERSONS WITH PHYSICAL DISABILITIES:  CERTAIN AUTHORITIES.  (a)  The board of an authority confirmed before July 1, 1985, shall promote the availability and use of transportation services of the authority by persons who have physical disabilities by establishing a program that:
(1)  is designed to meet the specific transportation problems of those persons;  and
(2)  establishes the means by which transportation services are to be provided to those persons.
(b)  Before establishing a program under this section, the board shall hold public hearings relating to the establishment and operation of the program.
(c)  This section does not apply to an authority created before 1980 in which the principal municipality has a population of less than 1.9 million.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 154, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter F. Special Programs and Services › Section 451.255. Transportation for Jobs Program Participants

Sec. 451.255.  TRANSPORTATION FOR JOBS PROGRAM PARTICIPANTS.  (a)  An authority shall contract with the Texas Department of Human Services to provide, in accordance with federal law, transportation services to a person who:
(1)  resides in the area served by the authority;
(2)  is receiving financial assistance under Chapter 31, Human Resources Code;  and
(3)  is registered in the jobs opportunities and basic skills training program under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
(b)  The contract must include provisions to ensure that:
(1)  the authority is required to provide transportation services only to a location:
(A)  to which the person travels in connection with participation in the jobs opportunities and basic skills training program;  and
(B)  that the authority serves under the authority's authorized rate structure and existing services;
(2)  the authority provides directly to the Texas Department of Human Services trip vouchers for distribution by the department to a person who is eligible under this section to receive transportation services;
(3)  the Texas Department of Human Services reimburses the authority for allowable costs, at the applicable federal matching rate;  and
(4)  the Texas Department of Human Services may return undistributed trip vouchers to the authority.
(c)  An authority shall certify the amount of public funds spent by the authority under this section for the purpose of obtaining federal funds under the jobs opportunities and basic skills training program.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter F. Special Programs and Services › Section 451.256. Waiver of Federal Requirements

Sec. 451.256.  WAIVER OF FEDERAL REQUIREMENTS.  If, before implementing Section 451.255, the Texas Department of Human Services determines that a waiver or authorization from a federal agency is necessary for implementation, the Texas Department of Human Services shall request the waiver or authorization, and the department and an authority may delay implementing Section 451.255 until the waiver or authorization is granted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.351. Definition

Sec. 451.351.  DEFINITION.  In this subchapter, "bond" includes a note.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.352. Power to Issue Bonds

Sec. 451.352.  POWER TO ISSUE BONDS.  (a)  An authority may issue bonds at any time and for any amounts it considers necessary or appropriate for the acquisition, construction, repair, equipping, improvement, or extension of its transit authority system.
(b)  The board, by resolution, may authorize the issuance of bonds payable solely from revenue.
(c)  Bonds, any portion of which is payable from taxes, may not be issued until authorized by a majority of the votes received in an election ordered and held for that purpose.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.353. Bond Terms

Sec. 451.353.  BOND TERMS.  (a)  An authority's bonds are fully negotiable.  An authority may make the bonds redeemable before maturity at the price and subject to the terms and conditions that are provided in the authority's resolution authorizing the bonds.
(b)  A revenue bond indenture may limit a power of the authority provided by Sections 451.054-451.060, 451.061(a) or (b), 451.064-451.069, 451.107(a), or 451.251 as long as the bonds issued under the indenture are outstanding.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.354. Sale

Sec. 451.354.  SALE.  An authority's bonds may be sold at a public or private sale as determined by the board to be the more advantageous.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.355. Approval; Registration

Sec. 451.355.  APPROVAL;  REGISTRATION.  (a)  An authority's bonds and the records relating to their issuance shall be submitted to the attorney general for examination before the bonds may be delivered.
(b)  If the attorney general finds that the bonds have been issued in conformity with the constitution and this chapter and that the bonds will be a binding obligation of the issuing authority, the attorney general shall approve the bonds.
(c)  After the bonds are approved by the attorney general, the comptroller shall register the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.356. Incontestability

Sec. 451.356.  INCONTESTABILITY.  Bonds are incontestable after they are:
(1)  approved by the attorney general;
(2)  registered by the comptroller;  and
(3)  sold and delivered to the purchaser.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.357. Security Pledged

Sec. 451.357.  SECURITY PLEDGED.  (a)  To secure the payment of an authority's bonds, the authority may:
(1)  pledge all or part of revenue realized from any tax that the authority may impose;
(2)  pledge all or part of the revenue of the transit authority system;  and
(3)  mortgage all or part of the transit authority system, including any part of the system subsequently acquired.
(b)  Under Subsection (a)(3) an authority may, subject to the terms of the bond indenture or the resolution authorizing the issuance of the bonds, encumber a separate item of the transit authority system and acquire, use, hold, or contract for the property by lease, chattel mortgage, or other conditional sale including an equipment trust transaction.
(c)  An authority may not issue bonds secured by ad valorem tax revenue.
(d)  An authority is not prohibited by this subchapter from encumbering one or more transit authority systems to purchase, construct, extend, or repair one or more other transit authority systems.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.358. Pledge of Revenue Limited

Sec. 451.358.  PLEDGE OF REVENUE LIMITED.  The expenses of operation and maintenance of a transit authority system, including salaries, labor, materials, and repairs necessary to provide efficient service and every other proper item of expense, are a first lien and charge against any revenue of a transit authority system that is encumbered under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.359. Refunding Bonds

Sec. 451.359.  REFUNDING BONDS.  An authority may issue refunding bonds for the purposes and in the manner authorized by general law, including Chapter 1207, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.395, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.360. Bonds as Authorized Investments

Sec. 451.360.  BONDS AS AUTHORIZED INVESTMENTS.  (a)  An authority's bonds are authorized investments for:
(1)  a bank;
(2)  a savings bank;
(3)  a trust company;
(4)  a savings and loan association;  and
(5)  an insurance company.
(b)  The bonds, when accompanied by all appurtenant, unmatured coupons and to the extent of the lesser of their face value or market value, are eligible to secure the deposit of public funds of this state, a political subdivision of this state, and any other political corporation of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.361. Exchange of Bonds for Existing System

Sec. 451.361.  EXCHANGE OF BONDS FOR EXISTING SYSTEM.  An authority's revenue bonds may be exchanged, in lieu of cash, for the property of all or part of an existing transit authority system to be acquired by the authority.  If the property is owned by a corporation that will dissolve simultaneously with the exchange, the authority may acquire the stock of the corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.362. Short-Term Bonds

Sec. 451.362.  SHORT-TERM BONDS.  (a)  Notwithstanding other provisions of this chapter and except as provided by Subsections (c) and (d), the board, by order or resolution, may issue bonds that are secured by revenue or taxes of the authority if the bonds:
(1)  have a term of not more than 12 months; and
(2)  are payable only from revenue or taxes received on or after the date of their issuance and before the end of the fiscal year following the fiscal year in which the bonds are issued.
(b)  A bond issued under this section need not be approved by the attorney general or registered with the comptroller.
(c)  In an authority in which the principal municipality has a population of 1.5 million or more, bonds may have a term of not more than five years.  The bonds are payable only from revenue on taxes received on or after the date of their issuance.
(d)  In an authority created before 1980 in which the principal municipality has a population of less than 1.9 million, bonds may have a term of not more than 10 years.  The bonds are payable only from fee revenue received on or after the date the bonds are issued.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 19.09, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 89 (S.B. 1074), Sec. 1, eff. May 14, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 155, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.3625. Bonds for Rail System; Certain Authorities

Sec. 451.3625.  BONDS FOR RAIL SYSTEM;  CERTAIN AUTHORITIES.  (a)  This section applies only to an authority confirmed before July 1, 1985, in which the principal municipality has a population of less than 1.3 million.
(b)  An authority may not issue short-term debt under Section 451.362 or bonds secured by the revenue of the authority to finance any portion of the purchase, acquisition, construction, operation, or maintenance of a fixed rail transit system unless the system is approved at a referendum under Section 451.071.
(c)  If a referendum is approved under Section 451.071, the term for which short-term debt may be issued under Section 451.362 is increased to five years if the purpose of the debt is the purchase, acquisition, construction, operation, or maintenance of the fixed rail transit system approved at the referendum.
Added by Acts 1997, 75th Leg., ch. 472, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 156, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 254, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter H. Bonds › Section 451.363. Tax Exemption

Sec. 451.363.  TAX EXEMPTION.  The interest on an authority's bonds is exempt from state and local taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.401. General Power of Taxation

Sec. 451.401.  GENERAL POWER OF TAXATION.  An authority may impose any kind of tax except an ad valorem property tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.402. Voter Approval Required for Tax

Sec. 451.402.  VOTER APPROVAL REQUIRED FOR TAX.  (a)  An authority may not impose a tax or increase the rate of an existing tax unless a proposition proposing the imposition or rate increase is approved by a majority of the votes received at an election held for that purpose.
(b)  Each new tax or rate increase must be expressed in a separate proposition consisting of a brief statement of the nature of the proposed tax.  The board may submit propositions in the alternative with provision for the method of determining the result of the election.
(c)  The notice of the election must contain a statement of the base or rate of the proposed tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.403. Authority Tax Code and Rules

Sec. 451.403.  AUTHORITY TAX CODE AND RULES.  (a)  The board shall, before an election to authorize a tax, adopt a complete tax code and rules providing for the nature of the tax, the tax rate, and the administration and enforcement of the tax.  The code and rules must include provisions for:
(1)  the time and manner of payment;
(2)  exemptions;
(3)  liens;
(4)  interest;
(5)  penalties;
(6)  discounts for prepayment;
(7)  refunds for erroneous payment;
(8)  fees for collection;
(9)  collection procedures;
(10)  manner of enforcement;
(11)  required returns;
(12)  registration and reports of taxpayers;
(13)  the duties and responsibilities of tax officers and taxpayers;  and
(14)  the delegation to tax officers of the power to make determinations and additional rules and obtain records as appropriate.
(b)  The tax code and rules may contain other provisions, including the incorporation of other tax laws and remedies for tax administration and enforcement that are available to the state or another political subdivision under general law.
(c)  The board, after an election approving the tax, may amend the tax code and rules.  The board may not increase the amount of the tax by amendment unless the increase is approved under Section 451.402.
(d)  This section does not apply to an authority's sales and use tax or motor vehicle emissions tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.404. Sales and Use Tax

Sec. 451.404.  SALES AND USE TAX.  (a)  The board, subject to Section 451.402, may impose for an authority a sales and use tax at the rate of:
(1)  one-quarter of one percent;
(2)  one-half of one percent;
(3)  three-quarters of one percent;  or
(4)  one percent.
(b)  Chapter 322, Tax Code, applies to an authority's sales and use tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.405. Maximum Tax Rate in Authority Area

Sec. 451.405.  MAXIMUM TAX RATE IN AUTHORITY AREA.  (a)  An authority may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales and use taxes imposed by other political subdivisions of the state having territory in the authority exceeds two percent in any location in the authority.
(b)  An election by an authority to adopt a sales and use tax or to increase the rate of the authority's sales and use tax has no effect if:
(1)  the voters of the authority approve the authority's sales and use tax rate or rate increase at an election held on the same day on which a municipality or county having territory within the authority adopts a sales and use tax or an additional sales and use tax;  and
(2)  the combined rates of all sales and use taxes imposed by the authority and other political subdivisions of the state would exceed two percent in any location in the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.406. Initial Sales Tax: Effective Date

Sec. 451.406.  INITIAL SALES TAX:  EFFECTIVE DATE.  The adoption of an authority's sales and use tax takes effect on the first day of the second calendar quarter beginning after the date the comptroller receives a copy of the order required to be filed under Section 451.661.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.407. Rate Decrease: Sales and Use Tax

Sec. 451.407.  RATE DECREASE:  SALES AND USE TAX.  The board may:
(1)  decrease by order the authority's sales and use tax rate;  or
(2)  order an election to decrease the rate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.408. Rate Increase: Sales and Use Tax

Sec. 451.408.  RATE INCREASE:  SALES AND USE TAX.  (a)  The board may order an election to increase the authority's sales and use tax rate.
(b)  The registered voters of an authority, by petition, may require an election to increase the authority's sales and use tax rate.
(c)  If the board has reduced the rate of the authority's sales and use tax without election, the board, by order, may increase the rate to a rate not in excess of the rate before the ordered decrease.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.409. Sales and Use Tax Rate Increase: Petition and Election

Sec. 451.409.  SALES AND USE TAX RATE INCREASE:  PETITION AND ELECTION.  (a)  A petition to increase the rate of an authority's sales and use tax is valid only if it is submitted to the board and signed by at least 10 percent of the authority's registered voters as determined by the most recent official list of registered voters.
(b)  The board shall submit a petition for an election to increase the authority's sales and use tax rate to the secretary of state.
(c)  The secretary of state shall determine the validity of a petition not later than the 30th day after the date the petition is received by the secretary and shall notify the board of the result of the determination.
(d)  The board shall call an election to increase the tax rate if the secretary determines that a petition is valid or if the secretary fails to act within the period required by Subsection (c).
(e)  The authority shall pay the costs of determining the validity of a petition and the costs of the election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.