2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2267 - Public and Private Facilities and Infrastructure › Subchapter B. Qualifying Projects › Section 2267.057. Powers and Duties of Contracting Person

Sec. 2267.057.  POWERS AND DUTIES OF CONTRACTING PERSON.  (a)  The contracting person has:
(1)  the power granted by:
(A)  general law to a person that has the same form of organization as the contracting person; and
(B)  a statute governing the business or activity of the contracting person; and
(2)  the power to:
(A)  develop or operate the qualifying project; and
(B)  collect lease payments, impose user fees subject to Subsection (b), or enter into service contracts in connection with the use of the project.
(b)  The contracting person may not impose a user fee or increase the amount of a user fee until the fee or increase is approved by the responsible governmental entity.
(c)  The contracting person may own, lease, or acquire any other right to use or operate the qualifying project.
(d)  The contracting person may finance a qualifying project in the amounts and on the terms determined by the contracting person.  The contracting person may issue debt, equity, or other securities or obligations, enter into sale and leaseback transactions, and secure any financing with a pledge of, security interest in, or lien on any or all of its property, including all of its property interests in the qualifying project.
(e)  In operating the qualifying project, the contracting person may:
(1)  establish classifications according to reasonable categories for assessment of user fees; and
(2)  with the consent of the responsible governmental entity, adopt and enforce reasonable rules for the qualifying project to the same extent as the responsible governmental entity.
(f)  The contracting person shall:
(1)  develop or operate the qualifying project in a manner that is acceptable to the responsible governmental entity and in accordance with any applicable interim or comprehensive agreement;
(2)  subject to Subsection (g), keep the qualifying project open for use by the public at all times, or as appropriate based on the use of the project, after its initial opening on payment of the applicable user fees, lease payments, or service payments;
(3)  maintain, or provide by contract for the maintenance or upgrade of, the qualifying project, if required by any applicable interim or comprehensive agreement;
(4)  cooperate with the responsible governmental entity to establish any interconnection with the qualifying project requested by the responsible governmental entity; and
(5)  comply with any applicable interim or comprehensive agreement and any lease or service contract.
(g)  The qualifying project may be temporarily closed because of emergencies or, with the consent of the responsible governmental entity, to protect public safety or for reasonable construction or maintenance activities.
(h)  This chapter does not prohibit a contracting person of a qualifying project from providing additional services for the qualifying project to the public or persons other than the responsible governmental entity, provided that the provision of additional service does not impair the contracting person's ability to meet the person's commitments to the responsible governmental entity under any applicable interim or comprehensive agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.