reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter E. Addition of Territory › Section 460.304. Tax Imposed in Added Territory

Sec. 460.304.  TAX IMPOSED IN ADDED TERRITORY.  (a)  Except as provided by Section 460.302(e), a sales and use tax imposed by an authority takes effect in territory added to the authority under this subchapter on the first day of the first calendar quarter that begins after the addition of the territory.
(b)  An authority shall send to the comptroller of public accounts:
(1)  a certified copy of an order adding the territory or of an order canvassing the returns and declaring the results of the election;  and
(2)  a map showing the territory added to the authority.
(c)  The order must include the effective date of the tax.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter F. Management of Authority › Section 460.401. Management of Authority

Sec. 460.401.  MANAGEMENT OF AUTHORITY.  The board of directors is responsible for the management, operation, and control of the authority and its properties.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 13, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter F. Management of Authority › Section 460.402. Financial Audit

Sec. 460.402.  FINANCIAL AUDIT.  (a)  The authority shall have an annual audit of the affairs of the authority prepared by an independent certified public accountant.
(b)  The audit is a public record as defined by Chapter 552, Government Code.
(c)  On receipt of the audit prescribed by Subsection (a), the board of directors shall address on the record any deficiencies noted in the report at a regular meeting of the board of directors.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 14, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter F. Management of Authority › Section 460.403. Budget

Sec. 460.403.  BUDGET.  The board of directors shall prepare an annual budget.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 15, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter F. Management of Authority › Section 460.404. Funding

Sec. 460.404.  FUNDING.  (a)  An authority may request funds for its operation from a municipality, the commissioners court, or both a municipality and the commissioners court.  The request shall be accompanied by a budget.
(b)  Funds appropriated to an authority are subject to audit.
(c)  Federal funds or grants may be used to offset the authority's annual cost of debt service.
(d)  An authority may accept gifts, grants, donations, receipts, or funds from any source to carry out its powers and duties under this chapter.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter F. Management of Authority › Section 460.405. Prohibitions

Sec. 460.405.  PROHIBITIONS.  (a)  Federal funds and appropriated state funds may not be spent by or on behalf of an authority to influence or affect the award or outcome of a state or federal contract, loan, or cooperative agreement.
(b)  This section does not apply to:
(1)  a contested administrative matter;  or
(2)  pending or reasonably anticipated litigation.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 991 (H.B. 1986), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.501. Definition

Sec. 460.501.  DEFINITION.  In this subchapter, "bond" includes a note.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.502. Power to Issue Bonds

Sec. 460.502.  POWER TO ISSUE BONDS.  (a)  An authority may issue bonds at any time and for amounts the executive committee determines are appropriate.
(b)  The bonds may be issued as necessary for:
(1)  the acquisition, construction, repair, improvement, or extension of an authority's public transportation system;  or
(2)  the creation or funding of self-insurance or retirement or pension fund reserves.
(c)  A bond issued by the authority may have a maturity of up to 30 years from the date of issuance.
(d)  A bond any portion of which is secured by a pledge of sales and use tax revenues and that has a maturity of five years or longer from the date of issuance may not be issued by an authority until an election has been held in the municipalities in which the authority has been authorized to impose a sales and use tax and the proposition proposing the issue has been approved by a majority of the votes received on the issue.
(e)  Subsection (d) does not apply to the issuance of refunding bonds or bonds described by Subsection (b)(2).
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 8, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 557 (S.B. 1876), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 928 (H.B. 3070), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.503. Bond Terms

Sec. 460.503.  BOND TERMS.  The bonds of an authority are fully negotiable.  An authority may make the bonds redeemable before maturity.  The terms and conditions of authority bonds are subject to rules adopted by the board of directors.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 9, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.504. Sale

Sec. 460.504.  SALE.  An authority's bonds may be sold at a public or private sale as determined by the board of directors to be the more financially beneficial.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 17, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.505. Incontestability

Sec. 460.505.  INCONTESTABILITY.  An authority's bonds are incontestable after the bonds are:
(1)  approved by the attorney general;
(2)  registered by the comptroller of public accounts;  and
(3)  sold to the purchaser.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.506. Security Pledged

Sec. 460.506.  SECURITY PLEDGED.  To secure the payment of an authority's bonds, the authority may:
(1)  pledge all or part of revenue realized from any tax that is approved and levied;
(2)  pledge any part of the revenue of the public transportation system;
(3)  mortgage any part of the public transportation system regardless of when acquired;  or
(4)  pledge government grants, contractual revenue, or lease revenue.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 10, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 557 (S.B. 1876), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 928 (H.B. 3070), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.507. Refunding Bonds

Sec. 460.507.  REFUNDING BONDS.  An authority may issue refunding bonds at any time.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 11, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.508. Notes

Sec. 460.508.  NOTES.  (a)  An authority may issue negotiable notes payable from any of the authority's sources of revenue to pay for any lawful expenditure, other than principal and interest on the authority's debt.
(b)  Notes issued by an authority shall be payable over a period not to exceed five years from the date of issuance.
(c)  The Texas Commission on Environmental Quality is not required to approve notes issued under this section.
(d)  An authority may not have outstanding notes in excess of $10 million at any one time.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 12, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 18, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter G. Bonds and Notes › Section 460.509. Obligations and Credit Agreements

Sec. 460.509.  OBLIGATIONS AND CREDIT AGREEMENTS. An authority may issue obligations and enter into credit agreements under Chapter 1371, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 557 (S.B. 1876), Sec. 3, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 928 (H.B. 3070), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter H. Taxation › Section 460.551. Sales and Use Tax

Sec. 460.551.  SALES AND USE TAX.  (a)  The board of directors may impose for an authority a sales and use tax at the rate of:
(1)  one-quarter of one percent;
(2)  three-eighths of one percent;
(3)  one-half of one percent;
(4)  five-eighths of one percent;
(5)  three-quarters of one percent;
(6)  seven-eighths of one percent; or
(7)  one percent.
(b)  The imposition of an authority's sales and use tax must be approved at an election conducted in the manner provided by this chapter and may not be imposed in an area that has not confirmed the authority.
(c)  A sales and use tax may be imposed, as prescribed by this section, by a municipality that participates in a transportation or transit authority other than an authority created under this chapter if:
(1)  the combined rates of all sales and use taxes imposed in the municipality does not exceed two percent; and
(2)  the ballot of the authorization vote for the sales and use tax reads:
"(Name of city) already imposes a sales and use tax for participation in the (name of transportation or transit authority).  The proposed sales and use tax is solely for the benefit of, and will be dedicated to, the (name of authority created under this chapter)."
(d)  The authority shall impose a sales and use tax at a minimum uniform rate as determined by the board of directors if the tax is approved at an election in an area that has confirmed the authority.
(e)  A municipality with a population of 12,000 or more that has confirmed the authority may impose a sales and use tax at a rate higher than the minimum uniform rate established under Subsection (d) on approval at an election if the authority will provide the municipality a higher level of service.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 306, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 19, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter H. Taxation › Section 460.552. Maximum Tax Rate in Authority Area

Sec. 460.552.  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 having territory in the authority exceeds two percent in any location in the authority.
(b)  An increase in the tax rate to a higher rate must be approved by a majority of the voters at a confirmation election.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter H. Taxation › Section 460.553. Initial Sales Tax: Effective Date

Sec. 460.553.  INITIAL SALES TAX:  EFFECTIVE DATE.  The adoption of a sales and use tax takes effect on the first day of the first calendar quarter after the confirmation election.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter H. Taxation › Section 460.554. Rate Decrease

Sec. 460.554.  RATE DECREASE.  The board of directors by order may direct the comptroller of public accounts to collect the authority's sales and use tax at a rate that is lower than the rate approved by the voters at the confirmation hearing if the board of directors determines that it is in the best interest of the authority.
Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 20, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.601. Definition

Sec. 460.601.  DEFINITION.  In this subchapter, "tax increment" means the amount of revenue generated from ad valorem taxes, sales and use taxes imposed by a municipality under Section 321.101(a), Tax Code, or both ad valorem and sales and use taxes that are attributable to a public transportation financing area designated under this subchapter that exceeds the amount attributable to the area for the year in which the area was designated.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.602. Participation in Service Plan; Agreement With Municipality

Sec. 460.602.  PARTICIPATION IN SERVICE PLAN; AGREEMENT WITH MUNICIPALITY.  (a)  A service plan may be implemented in an area of a municipality that has not authorized the authority's sales and use tax levy if:
(1)  the authorization by the municipality of the authority's sales and use tax levy, when combined with the rates of all sales and use taxes imposed by other political subdivisions in the municipality, would exceed two percent in any location in the municipality; and
(2)  the municipality has entered into an agreement with the authority to provide public transportation services in a public transportation financing area designated under this subchapter in exchange for all or a portion of the tax increment in the area.
(b)  An authority described by Section 460.252 may enter into an agreement under Subsection (a)(2) only if the board of directors of the authority approves the agreement by an affirmative vote of at least three-fifths of the members described by either Section 460.253(1) or (3) and at least one member appointed by the commissioners court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 5, eff. May 20, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.603. Designation of Public Transportation Financing Area

Sec. 460.603.  DESIGNATION OF PUBLIC TRANSPORTATION FINANCING AREA.  The governing body of a municipality by ordinance may designate a contiguous geographic area in the jurisdiction of the municipality to be a public transportation financing area.  The geographic area:
(1)  must have one or more transit facilities that include a structure provided for or on behalf of the authority for embarkation on and disembarkation from public transportation services provided by the authority, which may include a transit stop, transit shelter, transit garage, or transit terminal;
(2)  may include any territory located in the municipality's jurisdiction; and
(3)  must include an area one-half mile on either side of the proposed service route served by a structure under Subdivision (1), to the extent that that area is included in the municipality's boundaries.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.604. Hearing

Sec. 460.604.  HEARING.  (a)  Before adopting an ordinance designating a public transportation financing area, the municipality must hold a public hearing on the creation of the public transportation financing area and its benefits to the municipality and to property in the proposed public transportation financing area.  At the hearing, an interested person may speak for or against the designation of the public transportation financing area.
(b)  Not later than the 30th day before the date of the hearing, notice of the hearing must be published in a newspaper having general circulation in the municipality.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.605. Designation of Tax Increment

Sec. 460.605.  DESIGNATION OF TAX INCREMENT.  (a)  In the ordinance designating an area as a public transportation financing area, the municipality must:
(1)  designate a portion or amount of the tax increment to be paid to the authority and deposited in the tax increment account under Section 460.606; and
(2)  state whether the tax increment will be generated from ad valorem tax revenue, sales and use tax revenue, or both.
(b)  The amount designated for payment and deposit may not exceed the equivalent of the amount that would be collected by the authority if the municipality had authorized the authority's sales and use tax levy.
(c)  Notwithstanding Subsection (b), if the amount designated under Subsection (b) is not sufficient to compensate the authority for the maintenance and operating expenses of providing service to the public transportation financing area and for any capital cost incurred for the benefit of the public transportation financing area, the authority may request and the municipality shall designate that the entire portion or amount of the tax increment be deposited in the tax increment account, regardless of whether that amount exceeds the authority's sales and use tax levy equivalent, until any amounts owed for all previous years' maintenance and operating expenses and for any capital cost incurred for the benefit of the public transportation financing area have been paid.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.606. Tax Increment Account; Use of Taxes

Sec. 460.606.  TAX INCREMENT ACCOUNT; USE OF TAXES.  (a)  An authority that enters into an agreement with a municipality to provide services to a public transportation financing area must establish a tax increment account and maintain the account as a fiduciary of the municipality.
(b)  The taxes to be deposited into the tax increment account may be disbursed from the account only to:
(1)  compensate the authority for maintenance and operating expenses of providing services to the public transportation financing area, including compensation for expansion, improvement, rehabilitation, or enhancement amounts owed for previous years' maintenance and operating expenses for the public transportation financing area;
(2)  compensate the authority for any capital cost incurred for the benefit of the public transportation financing area;
(3)  notwithstanding Section 321.506, Tax Code, satisfy claims of holders of tax increment bonds, notes, or other obligations issued or incurred for projects or services that directly or indirectly benefit the public transportation financing area through the expansion, improvement, rehabilitation, or enhancement of transportation service by the authority under the service plan; and
(4)  pay any capital recovery fee required by the authority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.607. Agreement With Comptroller

Sec. 460.607.  AGREEMENT WITH COMPTROLLER.  Before pledging or otherwise committing money in the tax increment account under Section 460.606, the governing body of a municipality must enter into an agreement under Subchapter E, Chapter 271, Local Government Code, to authorize and direct the comptroller to:
(1)  withhold from any payment to which the municipality may be entitled the amount of the payment due to the tax increment account;
(2)  deposit that amount into the tax increment account; and
(3)  continue withholding and making additional payments into the tax increment account until an amount sufficient to satisfy the amount due to the account has been met.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.608. Accounting of Maintenance and Operating Expenses

Sec. 460.608.  ACCOUNTING OF MAINTENANCE AND OPERATING EXPENSES.  An authority shall, under an agreement under Section 460.602:
(1)  provide to the municipality an annual accounting, with supporting documentation, of the annual maintenance and operating expenses of providing service to the public transportation financing area; and
(2)  notify the municipality when amounts owed for all previous years' maintenance and operating expenses and for any capital cost incurred for the benefit of the public transportation financing area have been fully paid.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.609. Capital Recovery Fee

Sec. 460.609.  CAPITAL RECOVERY FEE.  An agreement to provide services to a public transportation financing area may require the municipality to pay the authority a capital recovery fee.  An authority that requires a capital recovery fee shall:
(1)  apply toward the amount owed for the capital recovery fee any amount in the tax increment account that exceeds the amount necessary to compensate the authority for:
(A)  the annual maintenance and operating expenses of providing service to the public transportation financing area, including amounts for expansion, improvement, rehabilitation, or enhancement that may be owed for previous years' maintenance and operating expenses; and
(B)  any capital cost incurred for the benefit of the public transportation financing area; and
(2)  notify the municipality when the amount owed for the capital recovery fee has been fully paid.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.610. Use of Surplus Tax Increment Payment Amounts

Sec. 460.610.  USE OF SURPLUS TAX INCREMENT PAYMENT AMOUNTS.  After any applicable capital recovery fee has been paid, the authority and the municipality shall negotiate to determine use of the amount of tax increment payments that exceeds the amount necessary to compensate the authority for the annual maintenance and operating expenses of providing service to the public transportation financing area.  The excess amounts may be used to develop infrastructure enhancement, replacement, or improvement projects in the public transportation financing area that benefit both the municipality and the authority.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 460 - Coordinated County Transportation Authorities › Subchapter I. Participation in Authority Through Tax Increment Payments › Section 460.611. Termination of Public Transportation Financing Area

Sec. 460.611.  TERMINATION OF PUBLIC TRANSPORTATION FINANCING AREA.  If the tax increment is pledged to the payment of bonds and interest on the bonds or to the payment of any other obligations, the public transportation financing area or an agreement for services under Section 460.602 may not be terminated by agreement of the parties unless the municipality that created the public transportation financing area deposits or causes to be deposited with a trustee or other escrow agent authorized by law funds in an amount that, together with the interest on the investment of the funds in direct obligations of the United States, will be sufficient to pay:
(1)  the principal of, premium, if any, and interest on all bonds issued on behalf of the public transportation financing area at maturity or at the date fixed for redemption of the bonds; and
(2)  any other amounts that may become due, including compensation due or to become due to the trustee or escrow agent, as well as to pay the principal of and interest on any other obligations incurred on behalf of the public transportation financing area.
Added by Acts 2011, 82nd Leg., R.S., Ch. 921 (S.B. 1422), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 461 - Statewide Coordination of Public Transportation › Section 461.001. Legislative Intent and Construction

Sec. 461.001.  LEGISLATIVE INTENT AND CONSTRUCTION.  (a)  Public transportation services are provided in this state by many different entities, both public and private.  The multiplicity of public transportation providers and services, coupled with a lack of coordination between state oversight agencies, has generated inefficiencies, overlaps in service, and confusion for consumers.  It is the intent of this chapter:
(1)  to eliminate waste in the provision of public transportation services;
(2)  to generate efficiencies that will permit increased levels of service;  and
(3)  to further the state's efforts to reduce air pollution.
(b)  This chapter shall be liberally construed to achieve its purposes.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 461 - Statewide Coordination of Public Transportation › Section 461.002. Definitions

Sec. 461.002.  DEFINITIONS.  In this chapter:
(1)  "Public transportation provider" means any entity that provides public transportation services if it is a governmental entity or if it receives financial assistance from a governmental entity, whether state, local, or federal.  The term does not include private carriers that do not receive financial assistance from a governmental entity.  It also does not include a person who provides intercity rail or bus service, commercial air transportation, water transportation, or nonstop service to or from a point located outside this state.  If a person provides both public transportation services and services that are not public transportation services, that person is included within the term only with regard to the provision of public transportation services and to the extent of those public transportation services.
(2)  "Public transportation services" means any conveyance of passengers and their hand-carried baggage by a governmental entity or by a private entity if the private entity receives financial assistance for that conveyance from any governmental entity.  It does not include intercity rail or bus service, commercial air transportation, water transportation, or nonstop service to or from a point located outside this state.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 461 - Statewide Coordination of Public Transportation › Section 461.004. Duties of Texas Department of Transportation

Sec. 461.004.  DUTIES OF TEXAS DEPARTMENT OF TRANSPORTATION.  (a)  The department shall identify:
(1)  overlaps and gaps in the provision of public transportation services, including services that could be more effectively provided by existing, privately funded transportation resources;
(2)  underused equipment owned by public transportation providers;  and
(3)  inefficiencies in the provision of public transportation services by any public transportation provider.
(b)  The department may contract with any public or private transportation provider for the department to arrange for the provision of public transportation services.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 461 - Statewide Coordination of Public Transportation › Section 461.005. Elimination of Overlapping Service

Sec. 461.005.  ELIMINATION OF OVERLAPPING SERVICE.  (a)  To eliminate waste and maximize efficiency, the department shall encourage public transportation providers to agree on the allocation of specific services and service areas among the providers.  The department may incorporate these discussions in planning processes such as the development of the statewide transportation improvement program or a local transportation improvement plan.
(b)  If public transportation providers do not reach an agreement on a service plan under Subsection (a), the department may develop an interim service plan for that area.
(c)  The department may require that all or a percentage of the vehicles used to provide public transportation services comply with specified emissions standards.  The standards may vary among geographic areas based on the need of each area to reduce levels of air pollution.  This subsection does not apply to an authority created under Chapter 451, 452, 453, or 460.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 461 - Statewide Coordination of Public Transportation › Section 461.006. Duties of Public Transportation Providers

Sec. 461.006.  DUTIES OF PUBLIC TRANSPORTATION PROVIDERS.  Each public transportation provider shall cooperate with the department in eliminating waste and ensuring efficiency and maximum coverage in the provision of public transportation services.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 461 - Statewide Coordination of Public Transportation › Section 461.007. Incentives for Efficiency

Sec. 461.007.  INCENTIVES FOR EFFICIENCY.  (a)  Notwithstanding any other law, including a law establishing a formula for the allocation of public transportation grants, the commission may increase or reduce the amount of a grant made to a public transportation provider based on whether the public transportation provider is complying fully with this chapter.
(b)  Notwithstanding any other law, the commission may consider whether a public transportation provider in a geographic area of this state is complying fully with this chapter in executing the commission's other responsibilities relating to that area.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 461 - Statewide Coordination of Public Transportation › Section 461.009. Public Transportation Services for People With Disabilities

Sec. 461.009.  PUBLIC TRANSPORTATION SERVICES FOR PEOPLE WITH DISABILITIES.  (a)  In this section:
(1)  "Provider" means a public transportation provider that provides public transportation services designed for people with disabilities who are unable to use the provider's bus or rail services.
(2)  "Services" means public transportation services provided by a public transportation provider and designed for people with disabilities who are unable to use the provider's bus or rail services.
(b)  A provider shall determine if an individual who resides outside of the provider's service area and who seeks to use the provider's services while visiting the provider's service area is eligible to use the services not later than two business days after the date the individual gives the provider the appropriate notice and submits any required documentation.
(c)  To the extent practicable within available resources, a provider shall notify individuals who are certified by the provider as eligible to use the provider's services that the individuals are entitled to use another provider's service for not more than 21 days without an additional application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 819 (H.B. 2651), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 546 (S.B. 402), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 546 (S.B. 402), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 462 - Southern High-Speed Rail Compact › Section 462.001. Definitions

Sec. 462.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Southern High-Speed Rail Commission.
(2)  "Party state" means a state that is a party to the compact under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 322 (H.B. 646), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter A. General Provisions › Section 463.001. Definitions

Sec. 463.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means a regional transit authority created under this chapter.
(2)  "Complementary transportation services" includes:
(A)  special transportation services for a person who is elderly or has a disability;
(B)  medical transportation services;
(C)  assistance in street modifications as necessary to accommodate the public transportation system;
(D)  construction of new general aviation facilities or renovation or purchase of existing facilities not served by certificated air carriers to relieve air traffic congestion at existing facilities;  and
(E)  any other service that complements the public transportation system, including providing parking garages.
(3)  "Executive committee" means the authority directors who serve as the governing body of the authority.
(4)  "Mass transit system" means a system constructed by an authority for the transportation of passengers and hand-carried packages or baggage of a passenger by any means of surface, overhead, or underground transportation, other than an aircraft or taxicab.  The term includes a rail system and services coordinated with a transit system operated by a municipality.
(5)  "Public transportation system" means:
(A)  all property owned or held by an authority for public transportation service purposes;
(B)  real property, facilities, and equipment for the protection and environmental enhancement of all the facilities; and
(C)  property held:
(i)  in accordance with a contract with the owner making the property subject to the control of or regulation by the authority; and
(ii)  for public transportation service purposes.
(6)  "Regional high capacity transit" means intercity transit service designed to transport more people than typical, local fixed-route bus service by using dedicated lanes or rights-of-way or by having transit priority, including queue jumps or traffic signal priority. The term includes bus rapid transit, light rail, commuter rail, streetcars, high occupancy toll lanes, or other fixed guideway operations.
(7)  "Service plan" means an outline of the service that would be provided by the authority to counties if confirmed at an election.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter A. General Provisions › Section 463.002. Application

Sec. 463.002.  APPLICATION.  This chapter applies to:
(1)  a county that is contiguous to the Gulf of Mexico or a bay or inlet opening into the gulf and that borders the United Mexican States; and
(2)  a county that borders a county described by Subdivision (1).
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter A. General Provisions › Section 463.003. Municipalities May Provide Transportation Services

Sec. 463.003.  MUNICIPALITIES MAY PROVIDE TRANSPORTATION SERVICES.  This chapter does not prohibit a municipality from providing public transportation services.  An authority may coordinate the provision of services with the municipality and include the services provided by the municipality in the authority's service plan.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter B. Powers of Authorities › Section 463.051. Powers Applicable to Confirmed Authority

Sec. 463.051.  POWERS APPLICABLE TO CONFIRMED AUTHORITY.  This subchapter applies only to an authority that has been confirmed.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter B. Powers of Authorities › Section 463.052. Nature of Authority

Sec. 463.052.  NATURE OF AUTHORITY.  (a)  An authority:
(1)  is a public political entity and corporate body;
(2)  has perpetual succession; and
(3)  exercises public and essential governmental functions.
(b)  The exercise of a power granted by this chapter, including a power relating to a station or terminal complex, is for a public purpose and is a matter of public necessity.
(c)  An authority is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the authority are not proprietary functions for any purpose including the application of Chapter 101, Civil Practice and Remedies Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter B. Powers of Authorities › Section 463.053. Responsibility for Control of Authority

Sec. 463.053.  RESPONSIBILITY FOR CONTROL OF AUTHORITY.  Except as provided by Section 463.104, the executive committee is responsible for the management, operation, and control of an authority and its property.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter B. Powers of Authorities › Section 463.054. General Powers of Authority

Sec. 463.054.  GENERAL POWERS OF AUTHORITY.  (a)  An authority has any power necessary or convenient to carry out this chapter or to effect a purpose of this chapter.
(b)  An authority may sue and be sued.  An authority may not be required to give security for costs in a suit brought or prosecuted by the authority and may not be required to give a supersedeas or cost bond in an appeal of a judgment.
(c)  An authority may hold, use, sell, lease, dispose of, and acquire, by any means, property and licenses, patents, rights, and other interests necessary, convenient, or useful to the exercise of any power under this chapter.
(d)  An authority may sell, lease, or dispose of in another manner:
(1)  any right, interest, or property of the authority that is not needed for, or, if a lease, is inconsistent with, the efficient operation and maintenance of the public transportation system; or
(2)  at any time, surplus materials or other property that is not needed for the requirements of the authority or for carrying out a power under this chapter.
(e)  An authority may leverage funds with a municipality that provides public transportation services in the territory of the authority to finance a project.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter B. Powers of Authorities › Section 463.055. Contracts; Grants and Loans

Sec. 463.055.  CONTRACTS;  GRANTS AND LOANS.  (a)  An authority may contract with any person.
(b)  An authority may accept a grant or loan from any person.
(c)  An authority may enter one or more agreements with any municipality included in the territory of the authority for the distribution of the authority's revenues.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter B. Powers of Authorities › Section 463.056. Operation of Public Transportation System

Sec. 463.056.  OPERATION OF PUBLIC TRANSPORTATION SYSTEM.  (a)  An authority may:
(1)  acquire, construct, develop, plan, own, operate, and maintain a public transportation system in the territory of the authority, including in the territory of a political subdivision;
(2)  contract with a municipality, county, or other political subdivision for the authority to provide public transportation services outside the authority; and
(3)  lease all or a part of the public transportation system to, or contract for the operation of all or a part of the public transportation system by, an operator.
(b)  An authority, as the authority determines advisable, shall determine routes.
(c)  The executive committee may submit a referendum for the approval of a power granted by Subsection (a) or (b).
(d)  A private operator who contracts with an authority under this chapter is not a public entity for purposes of any law of this state except that an independent contractor of the authority that performs a function of the authority is liable for damages only to the extent that the authority would be liable if the authority itself were performing the function.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 463 - Regional Transit Authorities › Subchapter B. Powers of Authorities › Section 463.057. Acquisition of Property by Agreement

Sec. 463.057.  ACQUISITION OF PROPERTY BY AGREEMENT.  An authority may acquire rolling stock or other property under a contract or trust agreement, including a conditional sales contract, lease, and equipment trust certificate.
Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.