reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.205. Trust Indenture Permitted

Sec. 283.205.  TRUST INDENTURE PERMITTED.  (a)  A bond authorized by this chapter may be secured by a trust indenture between the county and a corporate trustee that is a trust company or bank with the powers of a trust company.
(b)  A trust indenture may pledge or assign revenues.
(c)  A trust indenture may not convey or mortgage all or part of the project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.206. Bond Provisions

Sec. 283.206.  BOND PROVISIONS.  (a)  A bond authorized by this chapter shall contain the following clause:  "The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation."
(b)  A bond instrument may contain provisions:
(1)  that restrict individual rights of action of a bondholder;
(2)  that detail the rights and remedies of a bondholder and a trustee;
(3)  to protect and enforce as reasonable the rights and remedies of a bondholder, including covenants detailing the duties of the county in:
(A)  acquiring property and constructing, maintaining, operating, repairing, and insuring the project;  and
(B)  maintaining custody of the bond proceeds and revenues and safeguarding and applying the funds;  and
(4)  to secure as reasonable a bondholder, including covenants detailing:
(A)  an event that constitutes an event of default;
(B)  terms and conditions that would or could result in an acceleration of the bond maturity date;  and
(C)  rights, liabilities, powers, and duties that arise because of a breach by the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.207. Bond Approval and Registration

Sec. 283.207.  BOND APPROVAL AND REGISTRATION.  (a)  A bond issued under this chapter may be presented to the attorney general for approval in the same manner and with like effect as is provided for the approval of a tax bond issued by a county.
(b)  After approval by the attorney general, the comptroller shall register the bonds as in the case of other county bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.208. Rights of Bondholders

Sec. 283.208.  RIGHTS OF BONDHOLDERS.  (a)  A bond issued under this chapter creates and grants a lien on bond proceeds in favor of a bondholder until the bond is paid.
(b)  In addition to other legal remedies, a bondholder may enforce the bondholder's rights against:
(1)  a county and its employees;  and
(2)  a board, including an agent or employee, created to operate the project.
(c)  A bondholder's rights include the right to:
(1)  require the county or board to:
(A)  impose and collect sufficient tolls and other charges to carry out agreements in the bond instrument;  and
(B)  perform an agreement, covenant, or duty provided in the bond instrument;  and
(2)  apply for and obtain the appointment of a receiver for the project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.209. Receivership

Sec. 283.209.  RECEIVERSHIP.  (a)  A receiver appointed under Section 283.208, acting in the same manner as the county, may:
(1)  take possession of the project;
(2)  maintain the project;  and
(3)  collect and receive revenues received from the project.
(b)  The receiver shall dispose of and apply revenues:
(1)  according to the obligations of the county under the bond instrument;  and
(2)  as directed by a court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.210. Tax Status of Bonds

Sec. 283.210.  TAX STATUS OF BONDS.  A bond issued under this chapter, the transfer of and income from the bond, and any profit made in the sale of the bond is exempt from taxation by this state or a political subdivision of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.001. Definitions

Sec. 284.001.  DEFINITIONS.  In this chapter:
(1)  "Bond instrument" means a bond trust indenture and a bond resolution.
(2)  "Bond resolution" means an order or resolution of a commissioners court authorizing the issuance of bonds.
(3)  "Project" means:
(A)  a causeway, bridge, tunnel, turnpike, highway, ferry, or any combination of those facilities, including:
(i)  a necessary overpass, underpass, interchange, entrance plaza, toll house, service station, approach, fixture, and accessory and necessary equipment that has been designated as part of the project by order of a county;
(ii)  necessary administration, storage, and other buildings that have been designated as part of the project by order of a county; and
(iii)  all property rights, easements, and related interests acquired; or
(B)  a turnpike project or system, as those terms are defined by Section 370.003.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.48, eff. June 14, 2005.
Acts 2005, 79th Leg., Ch. 877 (S.B. 1131), Sec. 2, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 8.01, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.002. Applicability to Certain Counties and Local Government Corporations

Sec. 284.002.  APPLICABILITY TO CERTAIN COUNTIES AND LOCAL GOVERNMENT CORPORATIONS.  (a)  Except as provided by Subsection (b), this chapter applies only to a county that:
(1)  has a population of 50,000 or more and borders the Gulf of Mexico or a bay or inlet opening into the gulf;
(2)  has a population of 2.5 million or more;
(3)  is adjacent to a county that has a population of 2.5 million or more; or
(4)  borders the United Mexican States.
(b)  A local government corporation created under Chapter 431 in a county to which this chapter applies has the same powers as a county acting under this chapter, except as provided by Chapter 362.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 875, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 124, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 242, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.0031. Other Road, Street, or Highway Projects

Sec. 284.0031.  OTHER ROAD, STREET, OR HIGHWAY PROJECTS.  (a)  The commissioners court of a county or a local government corporation, without state approval, supervision, or regulation may:
(1)  authorize the use or pledge of surplus revenue to pay or finance the costs of a project for the study, design, construction, maintenance, repair, or operation of roads, streets, highways, or other related facilities that are not part of a project under this chapter; and
(2)  prescribe terms for the use of the surplus revenue, including the manner in which revenue from a project becomes surplus revenue and the manner in which the roads, streets, highways, or other related facilities are to be studied, designed, constructed, maintained, repaired, or operated.
(b)  To implement this section, a county may enter into an agreement with the commission, the department, a local governmental entity, or another political subdivision of this state.
(c)  A county may not take an action under this section that violates or impairs a bond resolution, trust agreement, or indenture that governs the use of the revenue of a project.
(d)  Except as provided by this section, a county has the same powers, including the powers to finance and to encumber surplus revenue, and may use the same procedures with respect to the study, financing, design, construction, maintenance, repair, or operation of a road, street, highway, or other related facility under this section as are available to the county with respect to a project under this chapter.
(e)  Notwithstanding other provisions of this section:
(1)  any work on the state highway system must be approved by the department; and
(2)  the department shall supervise and regulate any work on a highway in the state highway system.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 8.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.004. Use of County Property

Sec. 284.004.  USE OF COUNTY PROPERTY.  (a)  Notwithstanding any other law, a county may use any county property for a project under this chapter, regardless of when or how the property is acquired.
(b)  In addition to authority granted by other law, a county may use state highway right-of-way and may access state highway right-of-way in accordance with Sections 228.011, 373.101, and 373.102.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 8.03, eff. June 11, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.005. Conveyance to County

Sec. 284.005.  CONVEYANCE TO COUNTY.  The governing body of a political subdivision or agency of this state may convey title or right and easements to property needed by a county for a project under this chapter without advertisement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.006. Federal or State Aid

Sec. 284.006.  FEDERAL OR STATE AID.  A county may:
(1)  accept from the United States or this state assistance or a loan, gift, grant, or contribution to acquire, construct, improve, maintain, pool, or operate a project under this chapter;  and
(2)  enter into agreements with the United States or this state for the acquisition, construction, improvement, maintenance, pooling, or operation of the project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.007. Contracts for Historically Underutilized Businesses

Sec. 284.007.  CONTRACTS FOR HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  A county with a population of more than 3.3 million operating under this chapter shall set and make a good faith effort to meet or exceed goals for awarding contracts or subcontracts associated with a project it operates, maintains, or constructs to historically underutilized businesses.
(b)  The goals must equal or exceed:
(1)  the federal requirement on federal money used in highway construction and maintenance;  and
(2)  the goals adopted by the department under Section 201.702.
(c)  The goals apply to the total value of all contracts and subcontracts awarded, including contracts and subcontracts for construction, maintenance, operations, supplies, services, materials, equipment, professional services, the issuance of bonds, and bond counsel.
(d)  In this section, "historically underutilized business" means:
(1)  a corporation formed for the purpose of making a profit in which at least 51 percent of all classes of the shares of stock or other equitable securities is owned, managed, and in daily operations controlled by one or more persons who have been historically underutilized because of their identification as members of certain groups, including African Americans, Hispanic Americans, women, Asian Pacific Americans, and Native Americans, who have suffered the effects of discriminatory practices or similar invidious circumstances over which they have no control;
(2)  a sole proprietorship formed for the purpose of making a profit that is 100 percent owned and in daily operations is controlled by a person described by Subdivision (1);
(3)  a partnership formed for the purpose of making a profit in which at least 51 percent of the assets and interest in the partnership is owned by one or more persons described by Subdivision (1) who also have proportionate interest in the control, daily operations, and management of the partnership's affairs;
(4)  a joint venture in which each entity in the joint venture is a historically underutilized business;  or
(5)  a supplier contract between a historically underutilized business and a prime contractor under which the historically underutilized business is directly involved in the manufacture or distribution of the supplies or materials or otherwise warehouses and ships the supplies or materials.
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. 125, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.008. Powers of Commission

Sec. 284.008.  POWERS OF COMMISSION.  (a)  The commission may:
(1)  provide for and contribute toward the acquisition, construction, improvement, operation, maintenance, or pooling of a project under this chapter and under terms to which the commission and the local government corporation or county agree that are consistent with the rights of bondholders or a person operating the project under a lease or other contract;
(2)  lease a project under terms:
(A)  to which the county or local government corporation acting under this chapter and the commission agree;  and
(B)  that are consistent with the bond instrument;  and
(3)  declare any part of a project under this chapter to be a part of the state highway system and operate any part of a project as part of the state highway system, to the extent that property and contract rights in the project and bonds are not affected unfavorably.
(b)  Sections 222.031 and 284.003 do not limit the commission's authority to:
(1)  operate or maintain a project under this chapter;  or
(2)  contribute to the cost of acquisition, construction, improvement, maintenance, operation, or pooling of a project as provided by Subsection (a).
(c)  Except as provided by Subsection (d), a project becomes a part of the state highway system and the commission shall maintain the project without tolls when:
(1)  all of the bonds and interest on the bonds that are payable from or secured by revenues of the project have been paid by the issuer of the bonds or another person with the consent or approval of the issuer; or
(2)  a sufficient amount for the payment of all bonds and the interest on the bonds to maturity has been set aside by the issuer of the bonds or another person with the consent or approval of the issuer in a trust fund held for the benefit of the bondholders.
(d)  A county may request that the commission adopt an order stating that a project will not become part of the state highway system under Subsection (c).  If the commission adopts the order:
(1)  Section 362.051 does not apply to the project;
(2)  the project must be maintained by the county; and
(3)  the project will not become part of the state highway system unless the county transfers the project under Section 284.011.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.49, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 8.04, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.011. Transfer of Project to Department

Sec. 284.011.  TRANSFER OF PROJECT TO DEPARTMENT.  (a)  A county may transfer to the department a project under this chapter 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 county shall convey the project and any real property acquired to construct or operate the project to the department.
(d)  At the time of a conveyance under this section, the commission shall designate the project as part of the state highway system. After the designation, the county has no liability, responsibility, or duty to maintain or operate the project.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.50, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter A. General Provisions › Section 284.012. Transfer of Assets

Sec. 284.012.  TRANSFER OF ASSETS.  (a)  A county, acting through the commissioners court of the county, may submit a request to the commission for authorization to create a regional mobility authority under Chapter 370 and to transfer all projects under this chapter to the regional mobility authority if:
(1)  the creation of the regional mobility authority and transfer of projects is not prohibited under the bond proceedings applicable to the projects;
(2)  adequate provision has been made for the assumption by the regional mobility authority of all debts, obligations, and liabilities of the county arising out of the transferred projects; and
(3)  the commissioners courts of any additional counties to be part of the regional mobility authority have approved the request.
(b)  The county may submit to the commission a proposed structure for the initial board of directors of the regional mobility authority and a method for appointment to the board of directors at the creation of the regional mobility authority.  Subsequent appointments to the board of directors are subject to the requirements of Subchapter F, Chapter 370.
(c)  After commission authorization, the county may transfer each of its projects under this chapter to the regional mobility authority to the extent authorized by the Texas Constitution if property and contract rights in the projects and bonds issued for the projects are not affected unfavorably.
(d)  The commission shall adopt rules governing the creation of a regional mobility authority and the transfer of projects under this section.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.51, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.031. Bonds Authorized

Sec. 284.031.  BONDS AUTHORIZED.  (a)  A county may issue bonds for a project under this chapter that are secured:
(1)  solely by the pledge of the gross or net revenues of a project;
(2)  by a pledge of:
(A)  an ad valorem tax under Section 9, Article VIII, Texas Constitution;  or
(B)  an unlimited ad valorem tax authorized by Section 52, Article III, Texas Constitution;
(3)  by designating part of the bonds to be secured solely by a pledge of project revenues and part of the bonds to be secured by pledge of the ad valorem tax;  or
(4)  by a combination of methods described by Subdivisions (1) and (2) with all of the bonds supported and secured by the ad valorem tax and the duty imposed on the county to collect tolls for use of the project facilities as long as the bonds are outstanding so that, as prescribed in the bond instrument, the amount of the tax may be reduced as the project revenues become sufficient to:
(A)  meet the requirements for operation and maintenance;  and
(B)  provide money for the bonds.
(b)  The commissioners court may secure bonds issued under this chapter through a trust indenture between the county and a corporate trustee.  The corporate trustee may be any trust company or bank that has the powers of a trust company.  The indenture may pledge or assign project tolls or revenues but may not convey or mortgage any part of the project.
(c)  The bonds issued under this chapter may be authorized by bond resolution at one time or from time to time and shall mature on or before the 40th anniversary of their date.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.032. Tax Bond Election

Sec. 284.032.  TAX BOND ELECTION.  Bonds wholly or partly supported by an ad valorem tax may not be issued without an election at which the issuance of the bonds is authorized.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.033. Interim Bonds

Sec. 284.033.  INTERIM BONDS.  (a)  A county 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 the requirements, restrictions, or procedural provisions contained in any other law.
(c)  The bond resolution authorizing interim bonds may provide that the interim bonds must recite that the bonds are issued under this chapter.  The recital is conclusive evidence of the validity and the regularity of the bonds' issuance.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.034. Bond Sale to Pay Outstanding Bonds

Sec. 284.034.  BOND SALE TO PAY OUTSTANDING BONDS.  A county acting through its commissioners court that issues bonds payable from revenues from tolls collected for the use of a project under this chapter and also payable from an unlimited tax authorized under Section 52, Article III, Texas Constitution, may authorize, under that section, and issue and sell its bonds and use the proceeds to call, redeem, and pay off its outstanding tax and revenue bonds under the terms of the bonds and make the project available for the free use of the public.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.035. Bond Approval and Registration

Sec. 284.035.  BOND APPROVAL AND REGISTRATION.  (a)  Bonds under this chapter may be presented to the attorney general for approval in the same manner as provided for approval of tax bonds issued by a county.  The attorney general's approval of the bonds has the same effect as approval of county tax bonds.
(b)  The comptroller shall register in the manner other county bonds are registered bonds the attorney general approves under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.036. Bonds Secured Solely by Revenue

Sec. 284.036.  BONDS SECURED SOLELY BY REVENUE.  Bonds secured solely by a pledge of project revenue:
(1)  are not a debt of the county issuing the bonds but are solely a charge on project revenue;
(2)  may not be considered in determining the power of the county to issue for any purpose bonds payable in whole or in part from taxes;  and
(3)  must state:  "The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation."
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.037. Revenue Bond Election Not Required

Sec. 284.037.  REVENUE BOND ELECTION NOT REQUIRED.  (a)  The issuance of bonds under this chapter that are payable solely from revenues may be authorized without an election.
(b)  If an election is not held, notice of intention to issue the revenue bonds must be given as provided by Section 252.041, Local Government Code.
(c)  The authority to issue the revenue bonds is subject to the right of referendum provided by Section 252.045, Local Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.038. Revenue Bonds: Ad Valorem Tax for Maintenance and Operation

Sec. 284.038.  REVENUE BONDS:  AD VALOREM TAX FOR MAINTENANCE AND OPERATION.  (a)  A county issuing bonds under this chapter that are secured solely by a pledge of revenues may:
(1)  by the bond resolution, authorize the payment of the principal of and premium, if any, and interest on the bonds from the gross revenues of the project;  and
(2)  impose a direct continuing ad valorem tax under Section 9, Article VIII, or Section 52, Article III, Texas Constitution, and pledge the tax to pay maintenance and operating expenses of the project and to establish and maintain a reserve fund and a depreciation and replacement fund for the project, as a supplement to the pledge of revenues for those purposes or in lieu of a pledge of revenues, as provided by the bond resolution.
(b)  The proceeds of a tax pledged under this section shall be used annually to the extent required by the bond resolution and for the purposes stated in Subsection (a)(2).  The county may provide in the resolution that certain or all costs listed in the resolution will be paid by the county from the proceeds of the tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.039. Bonds Are Securities

Sec. 284.039.  BONDS ARE SECURITIES.  The bonds issued and delivered under this chapter and interest coupons on the bonds are a security under Chapter 8, Business & Commerce Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.040. Effect of Lien

Sec. 284.040.  EFFECT OF LIEN.  (a)  A lien on or a pledge of revenue from a project under this chapter or on a reserve, replacement, or other fund established in connection with a bond issued under this chapter:
(1)  is enforceable at the time of payment for and delivery of the bond;
(2)  applies to an 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 any claim, in tort, contract, or other remedy, against the county without regard to whether the person has notice of the lien or pledge.
(b)  A bond resolution is not required to be recorded except in the regular records of the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.041. Refunding Bonds

Sec. 284.041.  REFUNDING BONDS.  Subject to any restriction in a bond instrument, a refunding bond may not be delivered unless delivered in exchange for the bond authorized to be refunded or unless sold and delivered to provide money for the payment of a matured or redeemable bond maturing or redeemable within three months.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.042. Use of Bond Proceeds; Lien

Sec. 284.042.  USE OF BOND PROCEEDS;  LIEN.  (a)  The proceeds of bonds issued under this chapter:
(1)  may be used only to pay the costs of the project described by Section 284.043;  and
(2)  shall be disbursed under the restrictions the bond instrument provides.
(b)  Project operating and maintenance costs to be paid from proceeds of bonds payable in whole or in part from project revenue may include only items expressly defined in the proceedings authorizing the bonds.
(c)  Notwithstanding Subsection (a), bond proceeds that remain after the project costs are paid in full shall be used to pay interest on and retire the bonds, unless otherwise provided in the bond instrument.
(d)  Unless otherwise provided in the bond instrument, if the bond proceeds are not sufficient to pay all the project costs, additional bonds may be issued up to the amount necessary to pay the remaining costs.  The additional bonds are considered to be of the same issue as the original bonds and are entitled to payment from the same fund, without preference for the bonds first issued.
(e)  The bondholder or a bond trustee has a lien on the bond proceeds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.043. Costs and Expenses

Sec. 284.043.  COSTS AND EXPENSES.  (a)  The cost of the project may include:
(1)  the cost of construction;
(2)  the cost of any property, appurtenance, easement, contract, franchise, or pavement used in the construction, acquisition, improvement, operation, or maintenance of the project;
(3)  the cost of condemning property, including the award, court costs, and attorney's fees;
(4)  all legal, fiscal, or engineering expenses incurred in the acquisition or construction of the project, the making of any preliminary survey or investigation, or the authorization and issuance of the bonds;  and
(5)  payment of interest on the bonds and operating expenses on the project before and during construction and before the first anniversary after construction of the project is completed.
(b)  Any preliminary expense paid from a county fund shall be repaid to the fund from the proceeds of the bonds when the proceeds are available.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.044. Depository

Sec. 284.044.  DEPOSITORY.  A bank or trust company in this state may:
(1)  act as depository of bond proceeds or revenues derived from the operation of the project;  and
(2)  provide indemnity bonds or pledge securities the county requires.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.045. Bonds Tax Free

Sec. 284.045.  BONDS TAX FREE.  Bonds under this chapter and the transfer of and income from the bonds, including a profit made on the sale of the bonds, are exempt from taxation in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter B. Bond Provisions › Section 284.046. Bondholder Rights

Sec. 284.046.  BONDHOLDER RIGHTS.  (a)  In addition to all other rights by mandamus or other court proceeding, a holder or trustee of a bond issued under this chapter may enforce the holder's rights against the county, the county's employees, an operating board, or an agent or employee of the operating board and is entitled to:
(1)  require the county and the board to impose and collect tolls and charges sufficient to carry out any agreement contained in the bond instrument;  and
(2)  apply for and obtain the appointment of a receiver for the project.
(b)  A bond instrument may contain provisions for the protection and enforcement of a bondholder's rights and remedies, including covenants:
(1)  establishing the county's duties relating to:
(A)  the acquisition of property;
(B)  the construction, maintenance, operation, and repair of, and insurance for, a project;  and
(C)  custody, safeguarding, and application of money;
(2)  prescribing events that constitute default;
(3)  prescribing terms on which any or all of the bonds become or may be declared due before maturity;  and
(4)  relating to the rights, powers, liabilities, or duties that arise on the breach of a county's duty.
(c)  A bond instrument may contain provisions restricting the individual rights of action of the bondholder.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.061. Acquisition of Property

Sec. 284.061.  ACQUISITION OF PROPERTY.  (a)  To acquire property useful in connection with a project, a county may enter on any real property, water, or premises to make a survey, sounding, or examination.
(b)  A county may acquire by eminent domain property to use in or useful for a project under this chapter.
(c)  Except as provided by Section 284.0615, if applicable, the county is entitled to immediate possession of property subject to a condemnation proceeding brought by the county after:
(1)  a tender of a bond or other security in an amount sufficient to secure the owner for damages; and
(2)  the approval of the bond or security by the court.
(d)  Subject to the reimbursement requirements of Section 373.102, a county has full easements and rights-of-way through, across, under, and over any property owned by this state that are necessary or convenient to construct, acquire, or efficiently operate a project under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 5.05, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.52, eff. June 14, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 6, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.0615. Declaration of Taking by Certain Counties

Sec. 284.0615.  DECLARATION OF TAKING BY CERTAIN COUNTIES.  (a)  This section applies only to a county with a population of 3.3 million or more.
(b)  If, in connection with a project under this chapter, the commissioners court of the county authorizes the county to proceed in the manner provided by Section 203.066:
(1)  the county may file a declaration of taking and proceed in the manner provided by that section on the project; and
(2)  a reference to the department in that section means the county.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.53, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.062. Ferry

Sec. 284.062.  FERRY.  The commissioners court may purchase or lease a ferry property and operate the property over the route to be traversed by a project under this chapter during the period that the project is being constructed.  The cost of the purchase or lease of the ferry property may be paid from the proceeds of the bonds issued for the project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.063. Contract for Project Construction

Sec. 284.063.  CONTRACT FOR PROJECT CONSTRUCTION.  (a)  A county may enter into an agreement with a political subdivision or agency of this state to construct, acquire, improve, operate, and maintain a project under this chapter.  The agreement may provide for title to the project to be in one party to the agreement or for joint ownership of the project.
(b)  A county entering into an agreement under this section may issue bonds as provided by this chapter to pay all or a part of the cost of a project.
(c)  An agreement entered into under this section, in addition to other terms, may:
(1)  extend for any agreed period;  and
(2)  provide that the agreement continues in effect until bonds specified in the agreement and refunding bonds issued in lieu of those bonds are paid.
(d)  A payment made under the agreement is an operating and maintenance expense of the project if the agreement so provides.  Revenues derived from the operation of the project may be pledged to pay operating and maintenance expenses.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.064. Contract to Operate

Sec. 284.064.  CONTRACT TO OPERATE.  (a)  A county may contract with another person for the person to operate all or part of a project under this chapter to the extent prescribed by the bond instrument.
(b)  A contract made under this section must be for a specified period that does not extend beyond the date of maturity of the last maturing bond.
(c)  A contract made under this section may not interfere with the right of a bondholder to require proper operation and maintenance of the facilities and the payments for the benefit of the bond as prescribed in the bond instrument.
(d)  If a county enters into an agreement with a person that includes the collection by the person of tolls for the use of a project, the person shall submit to the county for approval:
(1)  the methodology for:
(A)  the setting of tolls; and
(B)  increasing the amount of the tolls;
(2)  a plan outlining methods the person will use to collect the tolls, including:
(A)  any charge to be imposed as a penalty for late payment of a toll; and
(B)  any charge to be imposed to recover the cost of collecting a delinquent toll; and
(3)  any proposed change in an approved methodology for the setting of a toll or a plan for collecting the toll.
(e)  An agreement with a person that includes the collection by the person of tolls for the use of a project may not be for a term longer than 50 years.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.54, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.065. Pooled Projects

Sec. 284.065.  POOLED PROJECTS.  (a)  A commissioners court of a county by resolution may pool two or more projects the county constructs under this chapter.
(b)  An existing project may be pooled in whole or in part with a new project or another existing project.
(c)  A project may be pooled more than once.
(d)  The resolution of the commissioners court establishing a pooled project shall set a date when each of the projects being pooled will be available for the free use of the public.  The date must be consistent with the bond instrument applicable to bonds for any of the pooled projects.
(e)  Subject to the terms of a bond instrument, a county proceeding under this chapter may, from time to time, issue bonds, including bonds that are payable either in whole or in part from the revenues of a pooled project, to:
(1)  pay all or a part of the cost of the pooled project or the cost of a part of the pooled project;
(2)  pay the costs of constructing improvements, extensions, or enlargements to all or part of a pooled project;  or
(3)  refund outstanding bonds issued for any part of a pooled project, including payment of a bond redemption premium and any interest to the date of redemption;  and
(4)  pay the cost of constructing improvements, extensions, and enlargements to any part of a pooled project for which any part of the bonds to be refunded were issued.
(f)  Revenues of any part of a pooled project may be pledged to pay the bonds.
(g)  Improvements, extensions, or enlargements to be paid from refunding bonds issued under this chapter may be constructed on any part of the pooled project without regard to the parts of the pooled project covered by the bonds to be refunded.
(h)  The refunding bonds may be issued in exchange for outstanding bonds or may be sold and the proceeds used to redeem outstanding bonds.
(i)  A county may, from time to time, amend the extent or component parts of a designated pooled project, consistent with the terms of related bond instruments.
(j)  This chapter applies to a pooled project and an amended pooled project in the same manner that it applies to any other project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 8.05, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 284 - Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties › Subchapter C. Construction and Operation › Section 284.066. Operating Board

Sec. 284.066.  OPERATING BOARD.  (a)  A commissioners court may appoint an operating board if the commissioners court determines that a project under this chapter could be developed, constructed, operated, and managed better and more efficiently by an operating board.
(b)  Except as provided by Subsections (c) and (d), an operating board has the same authority as the commissioners court, including the power of eminent domain, regarding the development, construction, operation, and management of a project under this chapter.
(c)  The operating board's authority is subject to the limitations prescribed by the commissioners court.
(d)  An operating board may not:
(1)  impose a tax or borrow money;  or
(2)  exercise the authority of the commissioners court under Section 284.071 except as provided by order of the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.