reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.107. Purchases: Competitive Bidding

Sec. 452.107.  PURCHASES:  COMPETITIVE BIDDING.  (a)  Except as provided by Subsection (c), an authority may not award a contract for construction, services, or property, other than real property, except through the solicitation of competitive sealed bids or proposals, including the reverse auction procedure, ensuring full and open competition.
(b)  The authority shall describe in a solicitation each factor to be used to evaluate a bid or proposal and give the factor's relative importance.
(c)  The executive committee may authorize the negotiation of a contract without competitive sealed bids or proposals if:
(1)  the aggregate amount involved in the contract is $50,000 or less;
(2)  the contract is for construction for which not more than one bid or proposal is received;
(3)  the contract is for services or property for which there is only one source or for which it is otherwise impracticable to obtain competition;
(4)  the contract is to respond to an emergency for which the public exigency does not permit the delay incident to the competitive process;
(5)  the contract is for personal or professional services or services for which competitive bidding is precluded by law; or
(6)  the contract, without regard to form and which may include bonds, notes, loan agreements, or other obligations, is for the purpose of borrowing money or is a part of a transaction relating to the borrowing of money, including:
(A)  a credit support agreement, such as a line or letter of credit or other debt guaranty;
(B)  a bond, note, debt sale or purchase, trustee, paying agent, remarketing agent, indexing agent, or similar agreement;
(C)  an agreement with a securities dealer or investment adviser, broker, or underwriter; and
(D)  any other contract or agreement considered by the executive committee to be appropriate or necessary in support of the authority's financing activities.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1479, Sec. 3, eff. June 19, 1999;  Acts 2001, 77th Leg., ch. 1091, Sec. 4.05, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 63, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 794 (H.B. 2223), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 801 (H.B. 2325), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.109. Explanation of Contract Awards in Certain Authorities

Sec. 452.109.  EXPLANATION OF CONTRACT AWARDS IN CERTAIN AUTHORITIES.  (a)  A subregional board created under Subchapter O  that governs an authority consisting of one subregion shall document the reasons for the award of a contract for:
(1)  professional services awarded to a person other than the person proposing to deliver the services at the lowest cost;  or
(2)  construction, services, or property awarded to a person other than the person recommended by the staff of the authority.
(b)  The documentation required by Subsection (a) must include all of the reasons for not selecting, as appropriate, the person proposing to deliver the services at the lowest cost or the person recommended by the staff.
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.1095. Exemption From Other Contracting Law for Certain Authorities

Sec. 452.1095.  EXEMPTION FROM OTHER CONTRACTING LAW FOR CERTAIN AUTHORITIES.  (a)  Chapter 2269, Government Code, does not apply to an authority consisting of one subregion governed by a subregional board created under Subchapter O.
(b)  An authority to which this section applies may adopt design-build procedures that do not materially conflict with  Subchapter H, Chapter 2269, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 3.07, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(35), eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.110. Peace Officers

Sec. 452.110.  PEACE OFFICERS.  (a)  The executive committee may establish a security force and provide for the employment of security personnel.
(b)  The executive committee may commission an employee of a security force established under Subsection (a) as a peace officer.
(c)  A peace officer commissioned under Subsection (b), except as provided by Subsection (e), has all the rights, privileges, obligations, and duties of any other peace officer in this state while on the property under the control of the authority or in the actual course and scope of the officer's employment.
(d)  A person commissioned under Subsection (b) must give an oath and make bond for the faithful performance of the officer's duties as the executive committee may require.  The bond shall be filed with the executive committee and made payable to the authority.  The bond must be approved by the executive committee.
(e)  A law enforcement power granted under this section is subordinate to the law enforcement power of a municipality in which the power is attempted to be exercised.
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.111. Extraordinary Vote Required in Certain Authorities

Sec. 452.111.  EXTRAORDINARY VOTE REQUIRED IN CERTAIN AUTHORITIES.  A subregional board created under Subchapter O  that governs an authority consisting of one subregion may not, except by a two-thirds vote of the board:
(1)  issue any debt allowed by law;
(2)  enter a lease as lessee or financing agreement as obligor if the lease or agreement is secured by the other assets of the authority;
(3)  effect a major change as described by Section 452.303 in a service plan;
(4)  approve the financial plan for the authority;  or
(5)  enter an agreement under Section 452.055(c).
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.112. Advisory Committees in Certain Authorities

Sec. 452.112.  ADVISORY COMMITTEES IN CERTAIN AUTHORITIES.  (a)  A subregional board created under Subchapter O  that governs an authority consisting of one subregion may appoint one or more committees for any purpose for which a vote of the board is not required.
(b)  A committee may consist of members of the subregional board and members of the general public, but the number of public members on a committee may not exceed the number of members of the subregional board on the committee.
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.113. Budget Recommendations

Sec. 452.113.  BUDGET RECOMMENDATIONS.  The executive committee shall:
(1)  receive recommendations for the annual budget from each subregional board;
(2)  obtain approval from each subregional board of the final annual budget as it pertains to that board's subregion;  and
(3)  make the proposed annual budget available to the governing bodies of each municipality in the authority at least 30 days before the date of the adoption of the final annual budget.
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.114. Budget in Authority Created by Contiguous Municipality

Sec. 452.114.  BUDGET IN AUTHORITY CREATED BY CONTIGUOUS MUNICIPALITY.  (a)  The executive committee of an authority created by a contiguous municipality shall, not later than the 60th day before the beginning of the authority's fiscal year, deliver to the governing body of the contiguous municipality a proposed budget for the authority's fiscal year.
(b)  The budget for the authority is not effective until the budget is approved by the governing body of the contiguous municipality.  An approved budget is the budget for the authority for the fiscal year, and each change in the budget must be approved by the governing body of the contiguous municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.115. Public Hearing on Fare and Service Changes in Certain Authorities

Sec. 452.115.  PUBLIC HEARING ON FARE AND SERVICE CHANGES IN CERTAIN AUTHORITIES.  (a)  An authority consisting of one subregion governed by a subregional board created under Subchapter O  must hold a public hearing on:
(1)  any fare change;
(2)  a service change involving:
(A)  25 percent or more of the number of transit route miles of a transit route;  or
(B)  25 percent or more of the number of transit revenue vehicle miles of a transit route, computed daily, for the day of the week for which the change is made;  or
(3)  the establishment of a new transit route.
(b)  When the number of changes of a type described by Subsection (a)(2) in a fiscal year would equal the percentage applicable in that subsection, the public hearing must be held before the change that would equal or exceed the percentage.
(c)  In this section:
(1)  "Transit route" means a route over which a transit vehicle travels and that is specifically labeled or numbered for the purpose of picking up or discharging passengers at regularly scheduled stops and intervals.
(2)  "Transit route mile" means one mile along a transit route regularly traveled by transit vehicles while available for the general public to carry passengers.
(3)  "Transit revenue vehicle mile" means one mile traveled by a transit vehicle while the vehicle is available to the general public to carry passengers.
(4)  "Service change" means any addition or deletion resulting in the physical realignment of a transit route or a change in the type or frequency of service provided in a specific, regularly scheduled transit route.
(d)  The length of a transit route is the distance traversed in traveling completely over the route and returning to the starting point to begin another circuit of the route.  If a route is defined in one direction only, the one-directional distance is the route length.
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.116. Public Hearing on Fare and Service Changes in Certain Authorities: Exceptions

Sec. 452.116.  PUBLIC HEARING ON FARE AND SERVICE CHANGES IN CERTAIN AUTHORITIES:  EXCEPTIONS.  (a)  A public hearing under Section 452.115 is not required for:
(1)  a reduced or free promotional fare that is instituted daily or periodically within 180 days;
(2)  a headway adjustment of not more than five minutes during peak-hour service and not more than 15 minutes during non-peak-hour service;
(3)  a standard seasonal variation unless the number, timing, or type of the standard seasonal variation changes;  or
(4)  an emergency or experimental service change in effect for 180 days or less.
(b)  In this section, "experimental service change" means an addition of service to an existing transit route or the establishment of a new transit route.
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.117. Public Hearing on Experimental Service Change

Sec. 452.117.  PUBLIC HEARING ON EXPERIMENTAL SERVICE CHANGE.  A hearing on an experimental service change as described by Section 452.116 to remain in effect for more than 180 days may be held before or during the experimental service change period and satisfies the requirement for a public hearing if the hearing notice required by Section 452.118 states that the experiment may become permanent at the end of the period.  If a hearing is not held before or during the experimental service change period, the service that existed before the change must be reinstituted at the end of 180 days and a public hearing held in accordance with Section 452.118 before the experimental service may be continued.
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 452 - Regional Transportation Authorities › Subchapter C. Management of Authority › Section 452.118. Notice of Hearing on Fare or Service Change in Certain Authorities

Sec. 452.118.  NOTICE OF HEARING ON FARE OR SERVICE CHANGE IN CERTAIN AUTHORITIES.  (a)  The subregional board shall call a public hearing required by Section 452.115 and:
(1)  publish at least 30 days before the date of the hearing notice of the hearing at least once in a newspaper of general circulation in the territory of the authority;  and
(2)  post notice in each transit vehicle in service on any transit route affected by the proposed change for at least two weeks within 30 days before the date of the hearing.
(b)  The notice must contain:
(1)  a description of each proposed fare or service change, as appropriate;
(2)  the time and place of the hearing;  and
(3)  if the hearing is required under Section 452.115(b), a description of the latest proposed change and the previous changes.
(c)  The requirement of Section 452.115 for a public hearing is satisfied at a public hearing required by federal law if:
(1)  the notice requirements of this section are met;  and
(2)  the proposed fare or service change is addressed at the meeting.
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 452 - Regional Transportation Authorities › Subchapter D. Station or Terminal Complex Systems › Section 452.151. Station or Terminal Complex: System Plan

Sec. 452.151.  STATION OR TERMINAL COMPLEX:  SYSTEM PLAN.  (a)  An authority may not acquire an interest in real property for a station or terminal complex unless the station or terminal complex is included in the public transportation system in a comprehensive service plan approved by a resolution of the executive committee.  A mass transit facility of an authority is not a station or terminal complex under this subchapter unless the facility is included in the authority's comprehensive service plan under this section.
(b)  A station or terminal complex may not be included in a public transportation system unless the executive committee first finds that the station or complex:
(1)  will encourage and provide for efficient and economical public transportation;
(2)  will facilitate access to public transportation and provide for other public transportation purposes;
(3)  will reduce vehicular congestion and air pollution in the metropolitan area;  and
(4)  is reasonably essential to the successful operation of the public transportation system.
(c)  On making a finding under Subsection (b), the executive committee may amend the authority's comprehensive service plan to include a station or terminal complex.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter D. Station or Terminal Complex Systems › Section 452.152. Station or Terminal Complex: Facilities

Sec. 452.152.  STATION OR TERMINAL COMPLEX:  FACILITIES.  A station or terminal complex of an authority:
(1)  must include adequate provision for the transfer of passengers among the various means of transportation available to the complex;  and
(2)  may include provision for residential, institutional, recreational, commercial, and industrial facilities.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter D. Station or Terminal Complex Systems › Section 452.153. Approval of Municipality

Sec. 452.153.  APPROVAL OF MUNICIPALITY.  The location of a station or terminal complex in a municipality or in the extraterritorial jurisdiction of a municipality must be approved, as to conformity with the comprehensive or general plan of the municipality, by a motion, resolution, or ordinance adopted by the governing body of the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter D. Station or Terminal Complex Systems › Section 452.154. Station or Terminal Complex: Limitation on Real Property Acquisition by Condemnation

Sec. 452.154.  STATION OR TERMINAL COMPLEX:  LIMITATION ON REAL PROPERTY ACQUISITION BY CONDEMNATION.  (a)  An interest in real property that is more than 1,500 feet from the center point of a station or terminal complex may not be acquired for a station or terminal complex facility by eminent domain.
(b)  Before the commencement of an eminent domain proceeding to acquire an interest in real property for a station or terminal complex facility, the executive committee shall designate the center point of the station or terminal complex.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter D. Station or Terminal Complex Systems › Section 452.155. Transfer of Real Property in Station or Terminal Complex

Sec. 452.155.  TRANSFER OF REAL PROPERTY IN STATION OR TERMINAL COMPLEX.  (a)  An authority may transfer to any person by any means, including a sale or lease, an interest in real property in a station or terminal complex and may contract with respect to it, in accordance with the comprehensive service plan approved by the executive committee, and subject to terms:
(1)  the executive committee finds to be in the public interest or necessary to carry out this section;  and
(2)  specified in the instrument transferring the title or right of use.
(b)  A transfer must be at the fair value of the interest transferred considering the use designated for the real property in the authority's comprehensive service plan.
(c)  A person from whom property offered for sale under this section was acquired by eminent domain or the threat of eminent domain has a first right to purchase the property at the price for which the property is offered to the public.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter E. Special Programs and Services › Section 452.201. Minority and Women-Owned Business Program in Certain Authorities

Sec. 452.201.  MINORITY AND WOMEN-OWNED BUSINESS PROGRAM IN CERTAIN AUTHORITIES.  (a)  An authority consisting of one subregion governed by a subregional board created under Subchapter O  may establish a program reasonably designed to increase the participation of minority and women-owned business enterprises in contracts awarded by the authority.  If the program is established, the board shall provide a program outlining acceptable assistance to be given minority and women-owned business enterprises in the area served by the authority to achieve the purposes of the program.
(b)  An overall minority and women-owned business enterprise contract percentage goal may be established as a part of the program only after reasonable consultation with affected organizations and a qualified independent source and after public comment.  In establishing a goal, the authority shall consider the various types of construction contracts the authority expects to award and the effect of market conditions on the feasibility of attaining the goals.
(c)  The authority shall periodically review the effectiveness of the program and the reasonableness of the program goals.
(d)  This section does not affect Sections 452.106, 452.107, and 452.108(a) and (b), but prospective bidders may be required to meet uniform standards designed to assure a reasonable degree of participation by minority and women-owned business enterprises in the performance of any contract.
(e)  In this section:
(1)  "Minority" includes blacks, Hispanics, Asian Americans, American Indians, and Alaska natives.
(2)  "Minority business enterprise" means a small business concern at least 51 percent of which is owned and controlled in management and daily operations by members of one or more minorities.
(3)  "Women-owned business enterprise" means a small business concern at least 51 percent of which is owned and controlled in management and daily operations by one or more women.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter E. Special Programs and Services › Section 452.202. Transportation for Jobs Program Participants

Sec. 452.202.  TRANSPORTATION FOR JOBS PROGRAM PARTICIPANTS.  (a)  An authority shall contract with the Texas Department of Human Services to provide, in accordance with federal law, transportation services to a person who:
(1)  resides in the area served by the authority;
(2)  is receiving financial assistance under Chapter 31, Human Resources Code;  and
(3)  is registered in the jobs opportunities and basic skills training program under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
(b)  The contract must include provisions to ensure that:
(1)  the authority is required to provide transportation services only to a location:
(A)  to which the person travels in connection with participation in the jobs opportunities and basic skills training program;  and
(B)  that the authority serves under the authority's authorized rate structure and existing services;
(2)  the authority provides directly to the Texas Department of Human Services trip vouchers for distribution by the department to a person who is eligible under this section to receive transportation services;
(3)  the Texas Department of Human Services reimburses the authority for allowable costs, at the applicable federal matching rate;  and
(4)  the Texas Department of Human Services may return undistributed trip vouchers to the authority.
(c)  An authority shall certify the amount of public funds spent by the authority under this section for the purpose of obtaining federal funds under the jobs opportunities and basic skills training program.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter E. Special Programs and Services › Section 452.203. Waiver of Federal Requirements

Sec. 452.203.  WAIVER OF FEDERAL REQUIREMENTS.  If, before implementing Section 452.202, the Texas Department of Human Services determines that a waiver or authorization from a federal agency is necessary for implementation, the Texas Department of Human Services shall request the waiver or authorization, and the department and an authority may delay implementing Section 452.202 until the waiver or authorization is granted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter G. Service Plans › Section 452.301. Implementation of Service Plan: Certain Authorities

Sec. 452.301.  IMPLEMENTATION OF SERVICE PLAN:  CERTAIN AUTHORITIES.  A subregional board created under Subchapter O  that governs an authority consisting of one subregion shall implement the service plan as approved under Section 452.713 without change unless the change is made in the manner required by this subchapter.
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 452 - Regional Transportation Authorities › Subchapter G. Service Plans › Section 452.302. Change in Service Plan: General Rule

Sec. 452.302.  CHANGE IN SERVICE PLAN:  GENERAL RULE.  A service plan may be changed by a majority vote of the members of the subregional board described by Section 452.301 at a meeting at which a quorum of the board is present.
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 452 - Regional Transportation Authorities › Subchapter G. Service Plans › Section 452.303. Major Service Plan Change: Notice and Hearing

Sec. 452.303.  MAJOR SERVICE PLAN CHANGE:  NOTICE AND HEARING.  (a)  The subregional board of an authority described by Section 452.301 may not, without holding a public hearing on the proposed change, consider a change in the service plan that would:
(1)  change the location of a right-of-way of a fixed guideway system;
(2)  change or add a width of a right-of-way of a fixed guideway system;
(3)  change a grade separation or add a grade separation to a fixed guideway system;
(4)  move the location of a station of a fixed guideway system;
(5)  reclassify the aerial, at-grade, or subgrade vertical alignment of a fixed guideway or establish the vertical alignment of a fixed guideway;
(6)  move the location of:
(A)  a parking lot;
(B)  a maintenance facility;  or
(C)  an off-street transfer center;
(7)  add a facility listed in Subdivisions (1)-(6);  or
(8)  add a route for a fixed guideway system.
(b)  Before holding a public hearing required under Subsection (a), the subregional board shall in writing notify:
(1)  each owner of real property located within 400 feet, including streets and alleys, of the boundary of the proposed right-of-way or the boundary of property on which the facility is proposed to be located;  and
(2)  the governing body of each municipality and the commissioners court of each county in which the changed or additional right-of-way or facility is to be located.
(c)  The notice required by this section must be given to each governing body and to the property owners shown by the municipal or county tax roll at least 20 days before the date of the hearing by depositing the notice in the United States mail.
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 452 - Regional Transportation Authorities › Subchapter G. Service Plans › Section 452.304. Adoption of Major Service Plan Change

Sec. 452.304.  ADOPTION OF MAJOR SERVICE PLAN CHANGE.  (a)  After a public hearing, the subregional board described by Section 452.301 may approve a change described by Section 452.303(a) in the service plan by a favorable vote of two-thirds of the members present.
(b)  If the change in the plan includes the addition of a fixed guideway route, including a route to be added under an agreement under Section 452.060, the governing body of each municipality through which the route would pass must approve the route before the subregional board may add the route to the service plan.
(c)  The subregional board shall give notice of a change in the service plan adopted under this section to:
(1)  the commissioners court of each county in which the changed or additional right-of-way or facility is to be located if the change is located in an unincorporated area;  and
(2)  the governing body of each municipality in which the changed or additional right-of-way or facility is to be located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter G. Service Plans › Section 452.305. Service Plan Change: Authority Created by Contiguous Municipality

Sec. 452.305.  SERVICE PLAN CHANGE:  AUTHORITY CREATED BY CONTIGUOUS MUNICIPALITY.  The service plan of an authority created by a contiguous municipality and confirmed may be changed only with the approval of the governing body of the contiguous municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.351. Definition

Sec. 452.351.  DEFINITION.  In this subchapter, "bond" includes a note.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.352. Power to Issue Bonds

Sec. 452.352.  POWER TO ISSUE BONDS.  (a)  An authority may issue bonds at any time and for any amounts it considers necessary or appropriate for:
(1)  the acquisition, construction, repair, equipping, improvement, or extension of its public transportation system;  or
(2)  creating or funding self-insurance or retirement or pension fund reserves.
(b)  A bond any portion of which is secured by a pledge of sales and use tax revenues and that has a maturity longer than five years from the date of issuance may not be issued by an authority until an election has been held and the proposition proposing the issue has been approved by a majority of the votes received on the issue in accordance with either Section 452.362 or 452.363.
(c)  A subregional authority created by a contiguous municipality may not issue a document of indebtedness, including a bond, unless the document is approved by the governing body of the contiguous city.
(d)  Subsection (b) does not apply to:
(1)  refunding bonds;
(2)  bonds described by Subsection (a)(2); or
(3)  commercial paper notes having maturities of 270 days or less that are authorized to be issued and reissued from time to time under a commercial paper program in a maximum principal amount that the chief financial officer certifies, based on reasonable estimates of pledged sales and use tax revenue, can be repaid in full within five years after the date of authorization of the commercial paper program, taking into consideration any other bonds or notes having a prior or parity lien on the pledged revenue, regardless of the final date of the commercial paper program.
(e)  A commercial paper program described by Subsection (d)(3) may not be continued beyond five years unless, before issuing any note with a maturity exceeding five years from the date of the initial authorization of the program or five years from the date of any new certification, the chief financial officer provides a new certification that the maximum principal amount of the program, based on reasonable estimates of pledged sales and use tax revenue, can be repaid in full within five years after the date of the most recent new certification, taking into consideration any other bonds or notes having a prior or parity lien on the pledged revenue.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 54 (S.B. 1375), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.353. Bond Terms

Sec. 452.353.  BOND TERMS.  (a)  An authority's bonds are fully negotiable.  An authority may make the bonds redeemable before maturity at the price and subject to the terms and conditions that are provided in the authority's resolution authorizing the bonds.
(b)  A revenue bond indenture may limit a power of the authority provided by Section 452.052, 452.054, 452.055(a), (b), or (c), 452.056(a) or (b), 452.057, 452.058, 452.059, 452.060, 452.061(a), (b), (d), or 452.062, as long as the bonds issued under the indenture are outstanding.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.354. Sale

Sec. 452.354.  SALE.  An authority's bonds may be sold at a public or private sale as determined by the executive committee to be the more advantageous.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.355. Approval; Registration

Sec. 452.355.  APPROVAL;  REGISTRATION.  (a)  An authority's bonds and the records relating to their issuance shall be submitted to the attorney general for examination before the bonds may be delivered.
(b)  If the attorney general finds that the bonds have been issued in conformity with the constitution and this chapter and that the bonds will be a binding obligation of the issuing authority, the attorney general shall approve the bonds.
(c)  After the bonds are approved by the attorney general, the comptroller shall register the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.356. Incontestability

Sec. 452.356.  INCONTESTABILITY.  Bonds are incontestable after they are:
(1)  approved by the attorney general;
(2)  registered by the comptroller;  and
(3)  sold and delivered to the purchaser.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.357. Security Pledged

Sec. 452.357.  SECURITY PLEDGED.  (a)  To secure the payment of an authority's bonds, the authority may:
(1)  pledge all or part of revenue realized from any tax that the authority may impose;
(2)  pledge any part of the revenue of the public transportation system;
(3)  mortgage any part of the public transportation system, including any part of the system subsequently acquired;
(4)  pledge all or part of funds the federal government has committed to the authority as grants in aid; and
(5)  provide that a pledge of revenue described by Subdivision (1) or (2) is a first lien or charge against that revenue.
(b)  Under Subsection (a)(3) an authority may, subject to the terms of the bond indenture or the resolution authorizing the issuance of the bonds, encumber a separate item of the public transportation system and acquire, use, hold, or contract for the property by lease, chattel mortgage, or other conditional sale including an equipment trust transaction.
(c)  An authority may not issue bonds secured by ad valorem tax revenue.
(d)  An authority is not prohibited by this subchapter from encumbering one or more public transportation systems to purchase, construct, extend, or repair one or more other public transportation systems of the authority.
(e)  The authority may pledge funds described by Subsection (a)(4):
(1)  as the sole security for the bonds;  or
(2)  in addition to any other security described by this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 509, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 47 (S.B. 293), Sec. 1, eff. May 19, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.358. Use of Revenue

Sec. 452.358.  USE OF REVENUE.  Revenue in excess of amounts pledged under Section 452.357(a)(1) or (2) shall be used to:
(1)  pay the expenses of operation and maintenance of a public transportation system, including salaries, labor, materials, and repairs necessary to provide efficient service and every other proper item of expense; and
(2)  fund operating reserves.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 47 (S.B. 293), Sec. 2, eff. May 19, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.359. Refunding Bonds

Sec. 452.359.  REFUNDING BONDS.  An authority may issue refunding bonds for the purposes and in the manner authorized by general law, including Chapter 1207, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.396, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.360. Bonds as Authorized Investments

Sec. 452.360.  BONDS AS AUTHORIZED INVESTMENTS.  (a)  An authority's bonds are authorized investments for:
(1)  a bank;
(2)  a savings bank;
(3)  a trust company;
(4)  a savings and loan association;  and
(5)  an insurance company.
(b)  The bonds, when accompanied by all appurtenant, unmatured coupons and to the extent of the lesser of their face value or market value, are eligible to secure the deposit of public funds of this state, a political subdivision of this state, and any other political corporation of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.361. Exchange of Bonds for Existing System

Sec. 452.361.  EXCHANGE OF BONDS FOR EXISTING SYSTEM.  An authority's revenue bonds may be exchanged, in lieu of cash, for the property of all or part of an existing public transportation system to be acquired by the authority.  If the property is owned by a corporation that will dissolve simultaneously with the exchange, the authority may acquire the stock of the corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.362. Election to Pledge Taxes

Sec. 452.362.  ELECTION TO PLEDGE TAXES.  (a)  The executive committee may order an election to authorize the pledge of sales and use tax revenue to the payment of a specified amount of long-term bonds for the authority's public transportation system.
(b)  Sales and use tax revenue at a rate higher than the previously approved rate may not be pledged.
(c)  The notice of election shall be published, the proposition and ballot prepared, and the election held in accordance with and at the times permitted by the law applicable to a municipal bond election.  The authority may publish, or distribute in another manner, additional copies of the election order to inform the voters fully of its content.
(d)  If the proposition is approved, the authority may issue bonds in an amount not exceeding the amount 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 452 - Regional Transportation Authorities › Subchapter H. Bonds › Section 452.364. Tax Exemption

Sec. 452.364.  TAX EXEMPTION.  The interest on bonds issued by an authority is exempt from state and local taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter I. Taxation › Section 452.401. Sales and Use Tax

Sec. 452.401.  SALES AND USE TAX.  (a)  The executive committee may impose for an authority a sales and use tax at the rate of:
(1)  one-quarter of one percent;
(2)  one-half of one percent;
(3)  three-quarters of one percent;  or
(4)  one percent.
(b)  The imposition of an authority's sales and use tax must be approved at an election under this chapter and may not be imposed in a unit of election that has not confirmed the authority.  The tax rate in an authority created by a contiguous municipality must be approved by the governing body of the contiguous municipality.
(c)  Chapter 322, Tax Code, applies to an authority's sales and use tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter I. Taxation › Section 452.402. Rate Increase: Sales and Use Tax

Sec. 452.402.  RATE INCREASE:  SALES AND USE TAX.  The executive committee may not increase the tax rate to a rate higher than the rate approved by the voters at the confirmation election without first receiving a majority vote in favor of the increase at an authority-wide election.
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 452 - Regional Transportation Authorities › Subchapter I. Taxation › Section 452.403. Maximum Tax Rate in Authority Area

Sec. 452.403.  MAXIMUM TAX RATE IN AUTHORITY AREA.  (a)  An authority may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales and use taxes imposed by other political subdivisions of the state having territory in the authority exceeds two percent in any location in the authority.
(b)  An election by an authority to adopt a sales and use tax or increase the rate of the authority's sales and use tax has no effect if:
(1)  the voters of the authority approve the authority's sales and use tax rate or rate increase at an election held on the same day on which a municipality or county having territory within the authority adopts a sales and use tax or an additional sales and use tax;  and
(2)  the combined rates of all sales and use taxes imposed by the authority and other political subdivisions of this state would exceed two percent in any location in the authority.
(c)  If an authority consisting of one subregion governed by a subregional board created under Subchapter O  adds territory that is a municipality, any additional sales and use tax under Chapter 321, Tax Code, imposed by that municipality is repealed as provided by Section 321.1025, Tax Code.  The effective date of the repeal and for the imposition of the tax authorized to be collected under Section 452.401 in the added territory is the date that, under Section 321.102(b), Tax Code, the repeal of the additional sales and use tax is effective in the territory.
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 452 - Regional Transportation Authorities › Subchapter I. Taxation › Section 452.404. Initial Sales Tax: Effective Date

Sec. 452.404.  INITIAL SALES TAX:  EFFECTIVE DATE.  The adoption of or the increase or decrease in the rate of an authority's sales and use tax takes effect on the first day of the second calendar quarter beginning after the date that the comptroller receives a copy of the order required to be sent under Section 452.717.
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 452 - Regional Transportation Authorities › Subchapter I. Taxation › Section 452.405. Rate Decrease: Sales and Use Tax

Sec. 452.405.  RATE DECREASE:  SALES AND USE TAX.  (a)  The executive committee by order may direct the comptroller 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 election.
(b)  The executive committee must file a certified copy of the order with the comptroller.
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 452 - Regional Transportation Authorities › Subchapter I. Taxation › Section 452.406. Different Subregional Sales and Use Tax Rates

Sec. 452.406.  DIFFERENT SUBREGIONAL SALES AND USE TAX RATES.  (a)  The executive committee by order may direct the comptroller to collect the authority's sales and use tax at different rates in different subregions of the authority, but a rate may not be higher than the maximum rate approved by the voters.
(b)  The executive committee must file a certified copy of the order and a map of the boundaries of the subregions with the comptroller.
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 452 - Regional Transportation Authorities › Subchapter I. Taxation › Section 452.407. Property Taxes

Sec. 452.407.  PROPERTY TAXES.  An authority may not impose an ad valorem property tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter J. Financial and Performance Audits › Section 452.451. Financial Audits

Sec. 452.451.  FINANCIAL AUDITS.  (a)  The executive committee 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 452 - Regional Transportation Authorities › Subchapter J. Financial and Performance Audits › Section 452.452. Review of Audit: Certain Authorities

Sec. 452.452.  REVIEW OF AUDIT:  CERTAIN AUTHORITIES.  (a)  The subregional board of an authority consisting of one subregion governed by a subregional board created under Subchapter O  shall deliver a copy of each audit prepared under Section 452.451 to the state auditor.
(b)  The state auditor may elect to file any comments about the audit with the legislative audit committee and the subregional 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 70, eff. Sept. 1, 2003.