reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.410. Sales and Use Tax Increase or Decrease: Ballots

Sec. 451.410.  SALES AND USE TAX INCREASE OR DECREASE:  BALLOTS.  In an election for the increase or decrease of an authority's sales and use tax, the ballots shall be printed to provide for voting for or against the following proposition:  "The (increase or decrease) of the local sales and use tax rate to (percentage)."
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.411. Results of Election; Notice

Sec. 451.411.  RESULTS OF ELECTION;  NOTICE.  (a)  If a majority of the votes received in an election to increase or decrease the rate of an authority's sales and use tax favor the proposition, the rate change takes effect as provided by Section 451.412.
(b)  The authority shall send a notice of the election and a certified copy of the order canvassing the results of the election to the Texas Department of Transportation and the comptroller.  The authority shall file a notice and a certified copy of the order in the deed records of each county in which the authority is located in the same manner as the results of a confirmation election are filed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.412. Effective Date of Tax Rate Change

Sec. 451.412.  EFFECTIVE DATE OF TAX RATE CHANGE.  A rate increase or decrease in an authority's sales and use tax takes effect on:
(1)  the first day of the first calendar quarter that begins after the date the comptroller receives the notice provided under Section 451.411(b);  or
(2)  the first day of the second calendar quarter that begins after the date the comptroller receives the notice, if within 10 days after the date of receipt of the notice the comptroller gives written notice to the presiding officer of the board that the comptroller requires more time to implement tax collection and reporting procedures.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.413. Tax Effective Dates After Election Contest

Sec. 451.413.  TAX EFFECTIVE DATES AFTER ELECTION CONTEST.  (a)  The contestant of an election under this subchapter shall send the comptroller by registered or certified mail within 10 days after the date the contest is filed a copy of the notice of contest that shows:
(1)  the style of the contest;
(2)  the date the contest is filed;
(3)  the case number;  and
(4)  the court in which the contest is pending.
(b)  On receipt of the notice under Subsection (a), the effective date of an authority's sales and use tax or change in the rate of an authority's sales and use tax to result from the election is suspended.
(c)  The presiding officer of the board shall notify by registered or certified mail the comptroller when a final judgment of a contest to an election under this subchapter is entered and enclose with the notice a certified copy of the final judgment.
(d)  If the result of the election adopting the authority's local sales and use tax or changing the tax rate is sustained, the comptroller, in determining the effective date of the tax, shall substitute the date of receipt of the notice of the final judgment for the date of receipt of the notice of election results.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.414. Maximum Rate of Vehicle Emissions Tax

Sec. 451.414.  MAXIMUM RATE OF VEHICLE EMISSIONS TAX.  (a)  Each year that a board imposes a motor vehicle emissions tax, the board shall set the motor vehicle emissions tax rate as a percentage of the maximum tax rate specified for each class of vehicles in the following table:
Cubic Inches of
Annual Tax
Cylinder Displacement
for Each Vehicle
0-50
$4
51-100
6
101-200
7
201-300
8
301-900
10
901 or more
15
(b)  The rate of the tax may not exceed 100 percent of the amount specified by the table and applies equally and uniformly to all classes and to all members of each class.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.415. Exemptions

Sec. 451.415.  EXEMPTIONS.  (a)  The following vehicles are exempt from a vehicle emissions tax imposed by an authority on the owner of the vehicle:
(1)  a vehicle that is the property of and used exclusively in the service of the United States, this state, or a county, municipality, school district, or authority of this state;
(2)  a vehicle used exclusively for fire fighting;  and
(3)  a vehicle that:
(A)  is owned by a person doing business both in and outside the authority or only outside the authority;
(B)  is not stationed or customarily kept in the authority;  and
(C)  is operated in the authority for an average period of less than two days each calendar week during a tax year or portion of a tax year during which the tax accrues.
(b)  To receive the exemption under Subsection (a)(3), the owner of a vehicle must file with the county assessor-collector an affidavit specifying each vehicle for which the exemption is claimed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.416. Emissions Tax Year

Sec. 451.416.  EMISSIONS TAX YEAR.  (a)  A motor vehicle emissions tax year begins on April 1 of each year and is divided into quarters.
(b)  A tax accruing during the second quarter of the tax year is three-fourths of the amount of the annual tax.  A tax accruing during the third quarter is one-half of the amount of the annual tax.  A tax accruing during the fourth quarter is one-fourth of the amount of the annual tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.417. Emissions Tax Payments: Delinquency

Sec. 451.417.  EMISSIONS TAX PAYMENTS:  DELINQUENCY.  Motor vehicle emissions taxes for a tax year become payable on February 1 and become delinquent if not paid by April 1 of the tax year.  The taxes on a motor vehicle that becomes subject to the tax on or after April 1 of the tax year become delinquent if not paid by the 61st day after the date the taxes accrue.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.418. Collection of Emissions Taxes by County Assessor-Collector

Sec. 451.418.  COLLECTION OF EMISSIONS TAXES BY COUNTY ASSESSOR-COLLECTOR.  (a)  The county assessor-collector of a county in which an authority has territory shall collect the authority's motor vehicle emissions taxes from residents of the authority who reside in that county.
(b)  A resident of an authority shall pay the motor vehicle emissions tax for each motor vehicle owned or controlled by the resident to the county assessor-collector at the time and with whom the resident applies for registration of the resident's motor vehicle for the ensuing registration year.  An applicant for registration shall pay the full amount of the motor vehicle emissions tax for the tax year unless application is made after June 30 of the tax year and the applicant files with the county assessor-collector an affidavit that the vehicle has not for any previous quarter of the tax year been operated in the authority.  The county assessor-collector shall issue to each taxpayer, on payment of the tax, the original motor vehicle emissions tax receipt bearing an identifying number or symbol for the motor vehicle for which the tax is paid.  One copy of the receipt shall be retained by the county assessor-collector.
(c)  A county assessor-collector may not register a motor vehicle subject to an authority's motor vehicle emissions tax until the motor vehicle emissions tax is paid for the tax year or other period that the motor vehicle emissions tax is due.
(d)  The board shall, on or before November 1 of each year, certify to the county assessor-collector of each county having territory in the authority the motor vehicle emissions tax rate for each class of motor vehicles for the succeeding tax year.  The board shall furnish to the county assessor-collector motor vehicle emissions tax receipts in triplicate.
(e)  A county assessor-collector is entitled to a fee of 45 cents for each motor vehicle emissions tax receipt issued by the assessor-collector to be used for paying the expenses incurred in collecting the tax and issuing the tax receipts under this section.
(f)  After deducting the fee authorized by Subsection (e), the county assessor-collector shall, on or before the 15th day of each month, send to the authority all taxes, penalties, and interest collected on behalf of the authority during the preceding calendar month.  The county assessor-collector and the authority may agree to a payment schedule and interval other than the schedule and interval specified by this subsection.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.419. Penalties and Interest: Emissions Taxes

Sec. 451.419.  PENALTIES AND INTEREST:  EMISSIONS TAXES.  (a)  The following penalties apply to the late payment of motor vehicle emissions taxes:
Date Tax Paid
Penalty
during the first month of delinquency
one percent
during the second month of delinquency
two percent
during the third month of delinquency
three percent
during the fourth month of delinquency
four percent
during the fifth month of delinquency
five percent
after the fifth month of delinquency
eight percent
(b)  A delinquent motor vehicle emissions tax bears interest at six percent a year from the date of delinquency until the tax is paid.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter I. Taxation › Section 451.420. Board Rules: Emissions Taxes

Sec. 451.420.  BOARD RULES:  EMISSIONS TAXES.  The board may adopt rules relating to the collection and payment of the authority's motor vehicle emissions taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter J. Financial and Performance Audits › Section 451.451. Financial Audits

Sec. 451.451.  FINANCIAL AUDITS.  (a)  The board of an authority shall have an annual audit of the affairs of the authority prepared by an independent certified public accountant or a firm of independent certified public accountants.
(b)  The audit is open to public inspection.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter J. Financial and Performance Audits › Section 451.452. Review of Audit: Certain Authorities

Sec. 451.452.  REVIEW OF AUDIT:  CERTAIN AUTHORITIES.  (a)  The board shall deliver a copy of each audit prepared under Section 451.451 to:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives;
(4)  the state auditor;
(5)  the county judge of each county having territory in the authority;  and
(6)  the presiding officer of the governing body of each municipality having territory in the authority.
(b)  The state auditor may elect to file any comments about the audit with the legislative audit committee and the board, subject to a risk assessment performed by the state auditor and to the legislative audit committee's approval of including the preparation of the comments in the audit plan under Section 321.013, Government Code.
(c)  The state auditor may:
(1)  examine any work papers from the audit;  or
(2)  audit the financial transactions of the authority if the state auditor determines an audit is necessary.
(d)  This section applies only to an authority in which the principal municipality has a population of more than 1.9 million or less than 1.3 million, except that Subsections (a)(5) and (6) do not apply to an authority in which the principal municipality has a population of more than 1.9 million.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 69, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 157, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 255, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter J. Financial and Performance Audits › Section 451.454. Performance Audits: Certain Authorities

Sec. 451.454.  PERFORMANCE AUDITS:  CERTAIN AUTHORITIES.  (a)  The board of an authority in which the principal municipality has a population of more than 1.9 million or less than 1.3 million shall contract at least once every four years for a performance audit of the authority to be conducted by a firm that has experience in reviewing the performance of transit agencies.
(b)  The purposes of the audit are to provide:
(1)  evaluative information necessary for the performance of oversight functions by state and local officers;  and
(2)  information to the authority to assist in making changes for the improvement of the efficiency and effectiveness of authority operations.
(c)  Each audit must include an examination of:
(1)  one or more of the following:
(A)  the administration and management of the authority;
(B)  transit operations; or
(C)  transit authority system maintenance;
(2)  the authority's compliance with applicable state law, including this chapter; and
(3)  the following performance indicators:
(A)  operating cost per passenger, per revenue mile, and per revenue hour;
(B)  sales and use tax receipts per passenger;
(C)  fare recovery rate;
(D)  average vehicle occupancy;
(E)  on-time performance;
(F)  number of collisions per 100,000 miles; and
(G)  number of miles between mechanical road calls.
(d)  A subject described under Subsection (c)(1) must be examined at least once in every third audit.
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. 158, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 256, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter J. Financial and Performance Audits › Section 451.456. Performance Audit Response; Hearing

Sec. 451.456.  PERFORMANCE AUDIT RESPONSE;  HEARING.  (a)  An authority for which a performance audit is conducted under Section 451.454 shall prepare a written response to the audit report.  The response must include each proposal for action relating to recommendations included in the report, whether the proposal for action is pending, adopted, or rejected.
(b)  The authority shall make copies of the report and the response available for public inspection at the offices of the authority during normal business hours.
(c)  The authority shall conduct a public hearing on each performance audit report and the authority's response under Subsection (a).  The authority shall give notice of the hearing by publication of the notice in a newspaper of general circulation in the area included in the authority at least 14 days before the date of the hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter J. Financial and Performance Audits › Section 451.457. Delivery of Report and Response

Sec. 451.457.  DELIVERY OF REPORT AND RESPONSE.  An authority required by Section 451.454 to contract for a performance audit shall, before February 1 of every second odd-numbered year, deliver a copy of each audit report and of the authority's response to the report to:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives;
(4)  each member of the legislature whose district includes territory in the authority;
(5)  the state auditor;
(6)  the county judge of each county having territory in the authority;  and
(7)  the presiding officer of the governing body of each municipality having territory in the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter J. Financial and Performance Audits › Section 451.458. Internal Auditor

Sec. 451.458.  INTERNAL AUDITOR.  (a)  This section applies only to an authority confirmed before July 1, 1985, in which the principal municipality has a population of less than 1.3 million.
(b)  The board shall appoint a qualified individual to perform internal auditing services for a term of five years.  The board may remove the auditor only on the affirmative vote of at least three-fourths of the members of the board.
(c)  The auditor shall report directly to the board.
Added by Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 6, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 159, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 257, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter J. Financial and Performance Audits › Section 451.460. Annual Report

Sec. 451.460.  ANNUAL REPORT.  (a)  This section applies only to an authority confirmed before July 1, 1985, in which the principal municipality has a population of less than 1.3 million.
(b)  The authority shall provide an annual report to each governing body of a municipality or county in the authority regarding the status of any financial obligation of the authority to the municipality or county.
Added by Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 6, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 161, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 258, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.501. Board Membership

Sec. 451.501.  BOARD MEMBERSHIP.  (a)  Except as provided by Subsection (b), a board is composed of:
(1)  five members;  plus
(2)  the number of additional members determined under Subsection (c), (d), or (e).
(b)  The board of an authority created by an alternate municipality is composed of five members.
(c)  If less than 50 percent of the population of the principal county, excluding the population of the principal municipality, reside in the authority, the board has two additional members.
(d)  If 50 percent or more but less than 75 percent of the population of the principal county, excluding the population of the principal municipality, reside in the authority, the board has four additional members.
(e)  If 75 percent or more of the population of the principal county, excluding the population of the principal municipality, reside in the authority, the board has six additional members.
(f)  In this section and Section 451.502, "principal county" means the county in which not less than 51 percent of the territory of the principal municipality is located.
(g)  This section does not apply to the board of an authority described by Section 451.5021(a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 240, Sec. 1, eff. Aug. 15, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.502. Appointment of Members

Sec. 451.502.  APPOINTMENT OF MEMBERS.  (a)  The five board members under Section 451.501(a)(1) are appointed by the governing body of the principal municipality, except in an authority having a principal municipality with a population of more than 1.9 million, the five board members are appointed by the mayor of the principal municipality and are subject to confirmation by the governing body of the principal municipality.
(b)  In an authority created by an alternate municipality, the board members are appointed by the mayor of the alternate municipality and are subject to confirmation by the governing body of the alternate municipality.
(c)  In an authority having two additional members, the additional members are appointed as follows:
(1)  one member appointed by a panel composed of:
(A)  the mayors of the municipalities in the authority, excluding the mayor of the principal municipality;  and
(B)  the county judges of the counties having unincorporated area in the authority, excluding the county judge of the principal county;  and
(2)  one member appointed by the commissioners court of the principal county.
(d)  In an authority having four additional members, the additional members are appointed as follows:
(1)  two members appointed by a panel composed of:
(A)  the mayors of the municipalities in the authority, excluding the mayor of the principal municipality;  and
(B)  the county judges of the counties having unincorporated area in the authority, excluding the county judge of the principal county;  and
(2)  two members appointed by the commissioners court of the principal county.
(e)  In an authority having six additional members, the additional members are appointed as follows:
(1)  two members appointed by a panel composed of:
(A)  the mayors of the municipalities in the authority, excluding the mayor of the principal municipality;  and
(B)  the county judges of the counties having unincorporated area in the authority, excluding the county judge of the principal county;
(2)  three members appointed by the commissioners court of the principal county;  and
(3)  one member, who serves as presiding officer of the board, appointed by a majority of the board.
(f)  This section does not apply to the board of an authority described by Section 451.5021(a).
(g)  The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 240, Sec. 2, eff. Aug. 15, 1997;  Acts 2001, 77th Leg., ch. 1038, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 162, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.503. Appointments Panel

Sec. 451.503.  APPOINTMENTS PANEL.  (a)  The mayor of the most populous municipality represented on a panel under Section 451.502 serves as the presiding officer of the panel.
(b)  The presiding officer shall, by giving written notice to each member, call a meeting of the panel as necessary to make an appointment.  An appointment shall be made not later than the 60th day after the date a position becomes vacant, including the initial vacancy on the creation of the position.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.5035. Designation of Alternate by Mayor

Sec. 451.5035.  DESIGNATION OF ALTERNATE BY MAYOR.  (a)  This section applies only to an authority in which the principal municipality has a population of less than 320,000.
(b)  The mayor of a municipality who is unable to attend a meeting of an appointments panel may designate a person to:
(1)  represent the municipality at the meeting;  and
(2)  vote at the meeting.
(c)  To be eligible to be designated under Subsection (b), a person must be a council member, alderman, commissioner, or other officer of the municipality.
(d)  A designation under Subsection (b) must:
(1)  be in writing;
(2)  be signed by the mayor;  and
(3)  be filed with the minutes of the appointments panel kept by the authority.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.27(a), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 164, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.504. Board Vacancies

Sec. 451.504.  BOARD VACANCIES.  (a)  A vacancy on a board is filled by the person or entity that appointed the member who was in the position that is vacant.  If confirmation of the previous position was required, confirmation of the vacancy appointment is required in the same manner.
(b)  A vacancy for an unexpired term is for the remainder of the term only.
(c)  A member of the board who is appointed as presiding officer under Section 451.502(e)(3) vacates the previous board position.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.505. Board Terms

Sec. 451.505.  BOARD TERMS.  (a)  The term of board membership is two years.
(b)  The terms of members of a board are staggered if the authority was created before 1980 and has a principal municipality with a population of less than 1.9 million.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 8, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 165, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.506. Term Limitations

Sec. 451.506.  TERM LIMITATIONS.  (a)  A member of the board may be reappointed except as provided by this section.
(b)  An individual may not serve more than eight years on the same board and may not be appointed to a term for which service to the completion of the term would exceed this limitation.  This subsection applies only to a board of an authority:
(1)  in which the principal municipality has a population of more than 1.9 million or less than 320,000; or
(2)  created before 1980 and in which the principal municipality has a population of less than 1.9 million.
(c)  An individual may serve two terms as presiding officer under Section 451.502(e)(3), in addition to any service on the board before being appointed under that subsection.  This subsection does not apply to an individual serving on the board of an authority described by Subsection (b) or an authority confirmed before July 1, 1985, and in which the principal municipality has a population of less than 1.3 million.
(d)  A term limitation provided by this section does not apply to service on the board by a holdover pending the qualification of a successor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 22 (H.B. 1815), Sec. 1, eff. May 9, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 166, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 260, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.507. Board Membership: Residency in Authority

Sec. 451.507.  BOARD MEMBERSHIP:  RESIDENCY IN AUTHORITY.  A member of the board must be a qualified voter residing in the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.508. Removal by Board

Sec. 451.508.  REMOVAL BY BOARD.  A board member may be removed from office by the other members of the board because of a ground for removal described by Section 451.510.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.28(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.509. Removal by Appointing Person or Entity

Sec. 451.509.  REMOVAL BY APPOINTING PERSON OR ENTITY.  (a)  In an authority in which the principal municipality has a population of less than 1.3 million and in which the authority's sales and use tax is imposed at a rate of one percent, a member of the board may be removed from office for any ground described by Section 451.510 by a majority vote of the entity that appointed the member.
(b)  In an authority in which the principal municipality has a population of less than 320,000, a member of the board may be removed for any ground described by Section 451.510 by the entity that appointed the member.  This subsection does not apply to the removal of a member serving as the presiding officer appointed by the board.
(c)  In an authority in which the principal municipality has a population of more than 1.3 million, a member of the board may be removed for any ground described by Section 451.510 by the person or entity that appointed the member.  If the person who appointed the member is the mayor of the principal municipality, the removal is by recommendation of the mayor and confirmation by the municipality's governing body.  If the member to be removed was appointed by the mayor of the principal municipality, the statement required by Section 451.511(a) shall be given by the mayor, and confirmation of removal by the governing body of the municipality is necessary.
(d)  In an authority in which the principal municipality has a population of less than 1.3 million or more than 1.9 million, a general manager who has knowledge that a potential ground for removal applicable to a member of the authority's board exists shall notify the presiding officer of the board of the ground, and the presiding officer shall notify the person that appointed the member against whom the potential ground applies of the ground.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.28(b), eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 669, Sec. 138, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 167, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 261, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.510. Grounds for Removal From Board

Sec. 451.510.  GROUNDS FOR REMOVAL FROM BOARD.  The grounds for removal of a member of a board are:
(1)  inefficiency in office;
(2)  nonfeasance or malfeasance in office;
(3)  not having at the time of appointment or not maintaining during service on the board the qualifications for office described by Section 451.507;
(4)  a violation of Chapter 171, Local Government Code, or Section 451.112;
(5)  the inability, because of illness or disability, to discharge the member's duties of office during a substantial part of the term for which the member is appointed;  and
(6)  absence, without having been excused by a majority vote of the board, from more than one-half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.511. Removal of Board Member: Notice and Hearing

Sec. 451.511.  REMOVAL OF BOARD MEMBER:  NOTICE AND HEARING.  (a)  The person or entity proposing to remove a board member under Section 451.508 or 451.509 shall give the member a written statement of the grounds for removal.  The member is entitled to a hearing before the board or entity if, before the 11th day after the date the statement is received, the member requests a hearing.  The member may be represented by counsel at the hearing.
(b)  At a hearing under this section, the board or entity shall confirm the removal of the member if the board or entity finds that the charges are true.
(c)  A removal by the board is by a majority vote of the other members.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.512. Ground for Removal: Validity of Board Acts

Sec. 451.512.  GROUND FOR REMOVAL:  VALIDITY OF BOARD ACTS.  (a)  Except as provided by Subsection (b), in an authority in which the principal municipality has a population of less than 1.3 million or more than 1.9 million, an action of the board is not invalid because a ground for removal of a board member exists.
(b)  An action that was taken when a ground for removal under Section 451.510(4) existed and that would not have passed the board without the vote of the person who is the subject of the ground for removal is voidable.
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. 168, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 262, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.513. Recall of Members: Certain Authorities

Sec. 451.513.  RECALL OF MEMBERS:  CERTAIN AUTHORITIES.  (a)  A board member of an authority that has a principal municipality with a population of more than 1.3 million may be removed, as provided by this section, on a petition for the recall of the member submitted by the registered voters of the authority.  Recall of a member under this section is in addition to any other method for removal under this subchapter.
(b)  The entity that confirmed a board member, or if there is no confirmation, the entity that appointed a board member, shall take action under this section to remove the member or to reconfirm the member's appointment:
(1)  on receipt of notice from the secretary of state that a valid recall petition was presented to the entity;  or
(2)  if the secretary of state fails to notify the entity as required by Subsection (d).
(c)  A recall petition under this section is valid if:
(1)  it states that the petition is to require the consideration of the removal of a specified board member;
(2)  it is signed by registered voters of the authority in a number equal to or greater than 10 percent of the number of votes cast in the authority in the preceding gubernatorial election;
(3)  the signatures meeting the requirement in Subdivision (2) are collected not earlier than the 90th day before the date the petition is presented to the entity;  and
(4)  it is presented to the entity before the first day of the final six months of the term of the member who is the subject of the petition.
(d)  After receiving a petition under this section the entity shall send it to the secretary of state.  The secretary of state shall, not later than the 10th day after the date the petition is received, determine whether the petition is valid and notify the entity of the determination.
(e)  Not later than the 30th day after the date a member is removed under this section, the vacancy shall be filled as otherwise provided by this chapter, except that the individual removed by recall may not be reappointed to fill the vacancy.  Beginning on the day after the date of the removal, the individual removed may not be appointed to any other position on the board for a period equal to the normal term of office for a board member.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.28(c), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 169, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 263, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.514. Board Meetings: When Held

Sec. 451.514.  BOARD MEETINGS:  WHEN HELD.  (a)  A board shall hold at least one regular meeting each month to transact the business of the authority.  The board by resolution recorded in the minutes of the board's meetings shall set the place, date, and time for each regular meeting.
(b)  The presiding officer of the board or the general manager of the authority may by written notice call a special meeting of the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.515. Board Meetings: Voting

Sec. 451.515.  BOARD MEETINGS:  VOTING.  (a)  An action of a board requires a vote of a majority of the members of the board present at a board meeting unless the bylaws of the board require a larger number for a particular action.
(b)  This section does not permit a board action in the absence of a quorum.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.516. Increase of Membership: Continuity

Sec. 451.516.  INCREASE OF MEMBERSHIP:  CONTINUITY.  If the membership of a board is increased under Section 451.501, the board as constituted immediately before the increase may continue as the board of the authority until the additional members are appointed and seated.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.517. Board Meetings: Rules and Bylaws

Sec. 451.517.  BOARD MEETINGS:  RULES AND BYLAWS.  A board by resolution may adopt rules and bylaws for the conduct of board meetings.  These rules and bylaws shall be recorded in the minutes of board meetings.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.518. Board Meetings: Notice

Sec. 451.518.  BOARD MEETINGS:  NOTICE.  In addition to notice required by Chapter 551, Government Code, a board shall post a board meeting notice in the authority's administrative offices and at the courthouse of the most populous county in which the principal municipality of the authority is located, each on a bulletin board at a place convenient to the public.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.519. Board Members: Expenses; per Diem

Sec. 451.519.  BOARD MEMBERS:  EXPENSES;  PER DIEM.  (a)  An authority shall reimburse a board member for all necessary expenses incurred in the discharge of official authority duties.
(b)  Except as provided by Subsection (c), an authority in which the principal municipality has a population of more than 1.1 million shall pay a member $50 for each meeting of the board attended by the member not exceeding five meetings in a calendar month.
(c)  A board member in an authority created by an alternate municipality receives no compensation for attending a board meeting.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 669, Sec. 139, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter K. Boards › Section 451.520. Board Officers and Secretaries

Sec. 451.520.  BOARD OFFICERS AND SECRETARIES.  (a)  The board shall elect from among its membership a presiding officer, an assistant presiding officer, and a secretary.  This subsection does not apply to the selection of a presiding officer who is appointed under Section 451.502(e)(3).
(b)  The board may appoint one or more assistant secretaries, who are not required to be members.
(c)  The secretary and assistant secretaries shall keep a permanent record of the proceedings and transactions of the board and perform other duties required by the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter L. Addition of Territory › Section 451.551. Addition of Territory by Municipal Annexation

Sec. 451.551.  ADDITION OF TERRITORY BY MUNICIPAL ANNEXATION.  When a municipality that is part of an authority annexes territory that before the annexation is not part of the authority, the annexed territory becomes part of the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter L. Addition of Territory › Section 451.552. Addition of Municipality by Election

Sec. 451.552.  ADDITION OF MUNICIPALITY BY ELECTION.  (a)  The territory of a municipality that is not a part of an authority may be added to an authority if:
(1)  any part of the municipality is located in a county, or in any county adjacent to a county, in which the authority is located;
(2)  the governing body of the municipality orders an election under this section on whether the territory of the municipality should be added to the authority;  and
(3)  a majority of the votes received in the election favor the measure.
(b)  The governing body of the municipality shall certify to the authority the result of an election in which the addition is approved.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter L. Addition of Territory › Section 451.553. Addition of County Area by Election

Sec. 451.553.  ADDITION OF COUNTY AREA BY ELECTION.  (a)  The territory of a part of a county that is not a part of an authority and that is designated by the commissioners court of the county may be added to an authority if:
(1)  any part of the county is located in the authority or any part of an adjacent county is located in the authority;
(2)  the commissioners court orders an election in the designated area under this section on whether the area should be added to the authority;  and
(3)  a majority of the votes received in the election favor the measure.
(b)  In designating an area under this section, the commissioners court may not, to the extent practicable, divide a county election precinct.
(c)  The commissioners court shall certify to the authority the result of an election in which the addition is approved.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter L. Addition of Territory › Section 451.554. Board Approval of Annexation: Effective Date

Sec. 451.554.  BOARD APPROVAL OF ANNEXATION: EFFECTIVE DATE.  (a)  The addition of territory annexed under Section 451.551, or approved under Section 451.552 or 451.553, does not take effect if, before the effective date of the addition under Subsection (b), the board of the authority gives written notice to the governing body of the municipality that added new territory to the authority by virtue of annexation, or to the governing body of the municipality or the commissioners court of the county that held the election, that the addition would create a financial hardship on the authority because:
(1)  the territory to be added is not contiguous to the territory of the existing authority;  or
(2)  the addition of the territory would impair the imposition of the sales and use tax authorized by this chapter.
(b)  In the absence of a notice under Subsection (a), the addition of territory takes effect on the 31st day after the date of the:
(1)  municipal ordinance, if annexed by a municipality under Section 451.551; or
(2)  election, if approved under Section 451.552 or 451.553.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.81, eff. June 14, 2005.