reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter L. Addition of Territory › Section 451.555. Added Territory: Effective Date of Taxes

Sec. 451.555.  ADDED TERRITORY:  EFFECTIVE DATE OF TAXES.  (a)  Except as provided by Subsection (b), a tax imposed by an authority takes effect in territory added to the authority when the addition takes effect.
(b)  A sales and use tax imposed by an authority under Subchapter I takes effect in territory added to the authority under this subchapter on the first day of the first calendar quarter that begins after the date the comptroller receives:
(1)  a certified copy of an order adding the territory or of an order canvassing the returns and declaring the result of the election;  and
(2)  a map of the authority showing clearly the territory added.
(c)  The presiding officer of the board shall send the order and map required under Subsection (b) to the comptroller by certified or registered mail.
(d)  The order must include the effective date of the tax.
(e)  The comptroller may delay implementation of the sales and use tax in the added territory for one calendar quarter by notifying the presiding officer of the board before the 11th day after the date the comptroller receives the order and map under this section that the comptroller requires more time.  If implementation is delayed, the tax takes effect on the first day of the second calendar quarter that begins after the date the comptroller receives the order and map.
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 M. Withdrawal of Territory From Authority › Section 451.601. Unit of Election Defined

Sec. 451.601.  UNIT OF ELECTION DEFINED.  In this subchapter, "unit of election" means:
(1)  a municipality, including a principal municipality;
(2)  an unincorporated area designated by a commissioners court under Section 451.657 as a discrete unit for the purposes of a confirmation election; or
(3)  an emergency services district operating under Chapter 775, Health and Safety Code, that:
(A)  borders Lake Travis; and
(B)  is located in or borders two municipalities with a population of more than 45,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 876 (H.B. 3666), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter M. Withdrawal of Territory From Authority › Section 451.602. Authorities Covered by Subchapter

Sec. 451.602.  AUTHORITIES COVERED BY SUBCHAPTER.  Except as provided by Section 451.617, this subchapter applies only to an authority in which the principal municipality has a population of less than 1.3 million and that was confirmed before July 1, 1985.
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. 170, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 264, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter M. Withdrawal of Territory From Authority › Section 451.603. Withdrawal of Unit of Election

Sec. 451.603.  WITHDRAWAL OF UNIT OF ELECTION.  (a)  The governing body of a unit of election may order an election to withdraw the unit of election from an authority.
(b)  On the determination by a governing body of a unit of election that a petition for withdrawal under this subchapter is valid, the governing body shall order an election to withdraw the unit of election from the authority.
(c)  An election to withdraw may not be ordered, and a petition for an election to withdraw may not be accepted for filing, on or before the fifth anniversary after the date of a previous election in the unit to withdraw from the authority.
(d)  An attempt by a unit of election to withdraw from an authority in a manner other than as provided by this subchapter is void.
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 M. Withdrawal of Territory From Authority › Section 451.604. Petition for Withdrawal Election

Sec. 451.604.  PETITION FOR WITHDRAWAL ELECTION.  (a)  At the request of a registered voter of a unit of election in an authority, the municipal secretary or other clerk or administrator of the unit of election shall deliver to the voter, in the number requested, petition signature sheets for a petition to withdraw from the authority prepared by, numbered, and authenticated by the municipal secretary or other official.  During the period that signatures on the petition may be obtained, the official shall authenticate and deliver additional petition signature sheets as requested by the voter.  Only one petition for withdrawal may be in circulation at a time.
(b)  Each sheet of a petition must have a heading in capital letters as follows:
"THIS PETITION IS TO REQUIRE AN ELECTION TO BE HELD IN (name of the unit of election) TO DISSOLVE (name of authority) IN (name of the unit of election) SUBJECT TO THE CONTINUED COLLECTION OF SALES TAXES FOR THE PERIOD REQUIRED BY LAW."
(c)  In addition to the requirements of Section 277.002, Election Code, to be valid a petition must:
(1)  be signed on authenticated petition sheets by not less than 20 percent of the number of registered voters of the unit of election as shown on the voter registration list of each county in which the unit of election is located;
(2)  be filed with the secretary, clerk, or administrator of the unit of election not later than the 60th day after the date the first sheet of the petition was received under Subsection (a);
(3)  contain signatures that are signed in ink or indelible pencil by the voter;  and
(4)  have affixed or printed on each sheet an affidavit that is executed before a notary public by the person who circulated the sheet and that is in the following form and substance:
"STATE OF TEXAS
"COUNTY OF _______________
"I, ____________, affirm that I personally witnessed each signer affix his or her signature to this page of this petition for the dissolution of (name of authority) in the (name of unit of election). I affirm to the best of my knowledge and belief that each signature is the genuine signature of the person whose name is signed and that the date entered next to each signature is the date the signature was affixed to this page.
___________________________
"Sworn to and subscribed before me this the _____ day of _____, _____.
(SEAL)______________________________
Notary Public, State of Texas"
(d)  Each sheet of the petition must be filed under Subsection (c)(2) at the same time as a single filing.
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 M. Withdrawal of Territory From Authority › Section 451.605. Review of Petition

Sec. 451.605.  REVIEW OF PETITION.  (a)  The secretary, clerk, or administrator of a unit of election in which a petition for withdrawal from an authority is filed shall examine the petition and file with the governing body of the unit a report stating whether the petition, in the opinion of the secretary, clerk, or administrator, is valid.
(b)  On receipt of a petition and a report under Subsection (a), the governing body shall examine the petition to determine whether the petition is valid.  The governing body may hold public hearings and conduct or order investigations as appropriate to make the determination.  The governing body's determination is conclusive of the issues.
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 M. Withdrawal of Territory From Authority › Section 451.606. Invalid Petition

Sec. 451.606.  INVALID PETITION.  (a)  The governing body of a unit of election that receives an invalid petition shall reject the petition.
(b)  A petition that is rejected is void and the petition and each sheet of the rejected petition may not be used in connection with a subsequent petition.
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 M. Withdrawal of Territory From Authority › Section 451.607. Election

Sec. 451.607.  ELECTION.  (a)  An election to withdraw from an authority ordered under this subchapter must be held on the first applicable uniform election date occurring after the expiration of 90 days after the date the governing body orders the election.
(b)  The governing body shall give notice of the election to the board, the Texas Department of Transportation, and the comptroller immediately on calling the election.
(c)  At the election the ballot shall be printed to provide for voting for or against the proposition:  "Shall the (name of authority) be continued in (name of unit of election)?"
(d)  The election shall be held in the regular precincts and at the regular voting places.
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 M. Withdrawal of Territory From Authority › Section 451.608. Result of Withdrawal Election

Sec. 451.608.  RESULT OF WITHDRAWAL ELECTION.  (a)  If a majority of the votes received on the measure in an election held under Section 451.607 favor the proposition, the authority continues in the unit of election.
(b)  If less than a majority of the votes received on the measure in the election favor the proposition, the authority ceases in the unit of election on the day after the day the election returns are canvassed.
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 M. Withdrawal of Territory From Authority › Section 451.609. Effect of Withdrawal

Sec. 451.609.  EFFECT OF WITHDRAWAL.  (a)  On the effective date of a withdrawal from an authority:
(1)  the authority shall, except as provided by Section 451.610, cease providing transportation services in the withdrawn unit of election;  and
(2)  the financial obligations of the authority attributable to the withdrawn unit of election cease to accrue.
(b)  Withdrawal from an authority does not affect the right of the authority to travel through the territory of the unit of election to provide service to a unit of election that is a part of the authority.
(c)  Taxes of the authority continue to be collected in the territory of a withdrawn unit of election after withdrawal until the net financial obligation of the unit of election to the authority has been collected.
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 M. Withdrawal of Territory From Authority › Section 451.610. Continuation of Services to Persons With Disabilities

Sec. 451.610.  CONTINUATION OF SERVICES TO PERSONS WITH DISABILITIES.  (a)  An authority shall continue to provide transportation services for persons with disabilities in a withdrawn unit of election.  The authority may not charge a fare for transportation services to persons with disabilities in the withdrawn unit that is more than the fare for those services for persons in the authority.
(b)  An authority shall provide the same level of transportation services under Subsection (a) to persons with disabilities in a unit of election that withdrew from the authority before January 1, 2011, as those persons received on January 1, 2011.  This subsection applies only to an authority to which Subchapter C-1 applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter M. Withdrawal of Territory From Authority › Section 451.611. Determination of Total Amount of Financial Obligations of Withdrawn Unit

Sec. 451.611.  DETERMINATION OF TOTAL AMOUNT OF FINANCIAL OBLIGATIONS OF WITHDRAWN UNIT.  (a)  The net financial obligation of a withdrawn unit of election to the authority is an amount equal to:
(1)  the gross financial obligations of the unit, which is the sum of:
(A)  the unit's apportioned share of the authority's outstanding obligations;  and
(B)  the amount, not computed in Subdivision (1)(A), that is necessary and appropriate to allocate to the unit because of financial obligations of the authority that specifically relate to the unit;  minus
(2)  the unit's apportioned share of the unencumbered assets of the authority that consist of cash, cash deposits, certificates of deposit, and bonds, stocks, and other negotiable securities.
(b)  An authority's outstanding obligations under Subsection (a)(1)(A) is the sum of:
(1)  the obligations of the authority authorized in the budget of, and contracted for by, the authority;
(2)  outstanding contractual obligations for capital or other expenditures, including expenditures for a subsequent year, the payment of which is not made or provided for from the proceeds of notes, bonds, or other obligations;
(3)  payments due or to become due in a subsequent year on notes, bonds, or other securities or obligations for debt issued by the authority;
(4)  the amount required by the authority to be reserved for all years to comply with financial covenants made with lenders, note or bond holders, or other creditors or contractors;  and
(5)  the amount necessary for the full and timely payment of the obligations of the authority, to avoid a default or impairment of those obligations, including contingent liabilities.
(c)  The apportioned share of a unit's obligation or assets is the amount of the obligation or assets times a fraction, the numerator of which is the number of inhabitants of the withdrawing unit of election and the denominator of which is the number of inhabitants of the authority, including the number of inhabitants of the unit.
(d)  The board shall determine the amount of each component of the computations required under this section, including the components of the unit's apportioned share, as of the effective date of withdrawal.  The number of inhabitants shall be determined according to the most recent and available applicable data of an agency of the United States.
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 M. Withdrawal of Territory From Authority › Section 451.612. Certification of Net Financial Obligation of Unit

Sec. 451.612.  CERTIFICATION OF NET FINANCIAL OBLIGATION OF UNIT.  (a)  The board shall certify to the governing body of a withdrawn unit of election and to the comptroller the net financial obligation of the unit to the authority as determined under this subchapter.
(b)  If there is no net financial obligation of the unit, the certification must show that fact.
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 M. Withdrawal of Territory From Authority › Section 451.613. Collection of Sales and Use Tax After Withdrawal

Sec. 451.613.  COLLECTION OF SALES AND USE TAX AFTER WITHDRAWAL.  (a)  Until the amount of revenue from an authority's sales and use tax collected in a withdrawn unit of election after the effective date of withdrawal and paid to the authority equals the net financial obligation of the unit, the sales and use tax continues to be collected in the territory of the unit of election.
(b)  After the amount described by Subsection (a) has been collected or if the share of the authority's assets computed for the unit of election under Section 451.611 is greater than the gross financial obligation of the unit to the authority, the comptroller shall discontinue collecting the tax in the territory of the unit of 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 451 - Metropolitan Rapid Transit Authorities › Subchapter M. Withdrawal of Territory From Authority › Section 451.614. Refunds of Excess Sales and Use Tax Revenue

Sec. 451.614.  REFUNDS OF EXCESS SALES AND USE TAX REVENUE.  (a)  The comptroller shall refund to the unit of election the amount of the authority's sales and use tax revenue:
(1)  that is in excess of the net financial obligation of the unit and was collected in the unit after the date of withdrawal;  or
(2)  if the unit's share of authority assets exceeded the unit's gross financial obligation to the authority, that was collected in the unit after the date of withdrawal.
(b)  The comptroller may:
(1)  determine the amount refundable under Subsection (a) in any reasonable manner;
(2)  subtract any deduction otherwise allowed by law;  and
(3)  determine whether to pay a refund under this section from the suspense account of the authority or from other sales and use tax revenue of the authority.
(c)  If the withdrawn unit of election has continuously been a part of the authority since the authority was confirmed at the initial confirmation election, the comptroller shall also refund to the governing body of the unit an amount equal to the amount by which the unit's apportioned share of the authority's assets exceeds the gross financial obligation of the unit.
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 M. Withdrawal of Territory From Authority › Section 451.615. Use of Refunded Revenue

Sec. 451.615.  USE OF REFUNDED REVENUE.  (a)  The governing body of a unit of election that receives a refund under Section 451.614 may use the refund only for public purposes directly related to the functions of government that will benefit the residents of the unit as a whole.
(b)  If the governing body distributes refund revenue to any other person, the governing body shall:
(1)  ensure that the recipient spends the amount received to benefit the residents of the unit of election as a whole;
(2)  ensure that the amount distributed is spent for public purposes that are the predominant purpose of the distribution;  and
(3)  condition the distribution by contract or other legal manner to provide the governing body with sufficient control of the use of the amounts distributed to ensure that the public purposes for which the distribution is made are carried out and to protect the public investment in the revenue.
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 M. Withdrawal of Territory From Authority › Section 451.616. Revenue From Withdrawn Unit for Providing Services for Persons With Disabilities

Sec. 451.616.  REVENUE FROM WITHDRAWN UNIT FOR PROVIDING SERVICES FOR PERSONS WITH DISABILITIES.  (a)  The comptroller shall withhold from the amount of sales and use tax revenue refunded to a unit of election that has withdrawn from an authority the full amount of the difference between the cost of providing services to persons with disabilities in the unit of election and the fares charged during the period in which the sales and use tax was collected and remit this amount to the authority providing the services.
(b)  The authority and the unit of election that has withdrawn shall determine the amount of the cost of providing services to persons with disabilities.  If the authority and the unit of election cannot agree on the amount, the comptroller shall determine the amount.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 76 (H.B. 504), Sec. 1, eff. May 14, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter M. Withdrawal of Territory From Authority › Section 451.617. Withdrawal: Alternative Method for Certain Authorities

Sec. 451.617.  WITHDRAWAL:  ALTERNATIVE METHOD FOR CERTAIN AUTHORITIES.  (a)  In an authority created before 1980 in which the principal municipality has a population of less than 1.9 million, a unit of election, other than the principal municipality, may withdraw from the authority, in addition to any other manner provided by law, by a vote of a majority of the registered voters of the unit of election voting at an election on the question of withdrawing from the authority.
(b)  The governing body of a unit of election in the authority, other than the principal municipality, shall call an election under this section in a unit of election if a petition requesting that an election to withdraw from the authority be held is submitted to the governing body and is signed by at least 10 percent of the registered voters of the unit of election on the date the petition is submitted.  To be counted for purposes of validating the petition, a signature on the petition must have been inscribed not earlier than the 120th day before the date the petition is submitted to the governing body.
(c)  The governing body, before the 31st day after the date the petition is submitted to the governing body, shall determine whether a petition under this section is valid, and if the governing body fails to act on the petition before the expiration of that period, the petition is valid.
(d)  Sections 451.601, 451.607, 451.608, 451.609, 451.611, 451.612(a), and 451.613 apply to the withdrawal of a unit of election under this section.
(e)  An election may not be held under this section on a date earlier than the first anniversary of the date of the most recent election held under this section.
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. 171, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter M. Withdrawal of Territory From Authority › Section 451.618. Withdrawal: Alternative Method for Certain Emergency Services Districts

Sec. 451.618.  WITHDRAWAL: ALTERNATIVE METHOD FOR CERTAIN EMERGENCY SERVICES DISTRICTS. (a)  An emergency services district described by Section 451.601(3) may withdraw from an authority, in addition to any other manner provided by law, by a vote of a majority of the registered voters of the district voting at an election on the question of withdrawing from the authority.
(b)  The governing body of the emergency services district shall call an election under this section if a petition requesting that an election to withdraw from the authority be held is submitted to the governing body and is signed by at least 10 percent of the registered voters of the district on the date the petition is submitted.  To be counted for purposes of validating the petition, a signature on the petition must have been inscribed not earlier than the 120th day before the date the petition is submitted to the governing body.
(c)  The governing body, before the 31st day after the date the petition is submitted to the governing body, shall determine whether a petition under this section is valid, and if the governing body fails to act on the petition before the expiration of that period, the petition is valid.
(d)  Sections 451.601, 451.607, 451.608, 451.609, 451.611, 451.612(a), and 451.613 apply to the withdrawal of an emergency services district under this section.
(e)  An election may not be called under this section to be held on a date earlier than the first anniversary of the date of the most recent election held under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 876 (H.B. 3666), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter N. Creation of Authority › Section 451.651. Initial Proceedings to Create Authority

Sec. 451.651.  INITIAL PROCEEDINGS TO CREATE AUTHORITY.  (a)  The governing body of an alternate municipality shall, on receipt of a petition requesting the creation of an authority and signed by not fewer than 500 registered voters of the municipality, initiate proceedings to create the authority.  The governing body of an alternate municipality may initiate those proceedings without a petition.
(b)  To initiate proceedings to create an authority, the governing body of an alternate municipality, by ordinance or resolution, must set a time and place for holding a public hearing and must define the boundaries of the areas proposed to be included in the authority.
(c)  All the territory in the alternate municipality must be included in the initial authority, and the authority may include an area that is:
(1)  completely surrounded by the alternate municipality;  and
(2)  designated by the alternate municipality as an industrial district.
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 N. Creation of Authority › Section 451.652. Notice of Hearing

Sec. 451.652.  NOTICE OF HEARING.  (a)  Notice of the time and place of the hearing on the creation of an authority, including a description of the area proposed to be included in the authority, shall be published once each week for two consecutive weeks in a newspaper of general circulation in the alternate municipality.  The first publication of the notice must be published not later than 15 days before the date scheduled for the hearing.
(b)  The governing body of the alternate municipality shall furnish a copy of the notice under Subsection (a) to the Texas Department of Transportation.
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 N. Creation of Authority › Section 451.653. Conduct of Hearing

Sec. 451.653.  CONDUCT OF HEARING.  (a)  The governing body of the alternate municipality shall conduct the hearing on the creation of the authority at the place and time specified in the notice of the hearing.  The hearing may be continued during the periods necessary to complete the hearing.
(b)  Any interested person may appear at the hearing and offer:
(1)  evidence on the issues described by Section 451.654(a);  or
(2)  other facts bearing on the creation, construction, or operation of the proposed transit authority system.
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 N. Creation of Authority › Section 451.654. Ordinance of Creation; Findings

Sec. 451.654.  ORDINANCE OF CREATION;  FINDINGS.  (a)  The governing body of an alternate municipality, after hearing the evidence presented at the hearing, shall adopt an ordinance creating an authority if the governing body finds that the creation of the authority and the operation of a transit authority system would be:
(1)  of benefit to the persons and property in the boundaries of the proposed authority;
(2)  of public utility;  and
(3)  in the public interest.
(b)  An ordinance creating an authority must:
(1)  contain a description of the territory to be in the authority;  and
(2)  provide a name for the authority.
(c)  After the hearing, the governing body shall submit the proposed plan to the governor's interagency council for transportation for review and comment.
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 N. Creation of Authority › Section 451.655. Municipality to Fund Board

Sec. 451.655.  MUNICIPALITY TO FUND BOARD.  The alternate municipality shall fund the board for research and planning purposes until the confirmation and tax 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 451 - Metropolitan Rapid Transit Authorities › Subchapter N. Creation of Authority › Section 451.656. Board to Order Election

Sec. 451.656.  BOARD TO ORDER ELECTION.  The original board shall order a confirmation and tax election:
(1)  when the board determines that implementation of the authority is feasible;
(2)  after the board, by order recorded in its minutes, has determined the nature and rate of any tax proposed to be imposed;  and
(3)  after the board has notified the commissioners court of each county included in whole or part within the initial territory of the authority of the board's intention to order the 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 451 - Metropolitan Rapid Transit Authorities › Subchapter N. Creation of Authority › Section 451.657. Commissioners Court to Designate Election Areas

Sec. 451.657.  COMMISSIONERS COURT TO DESIGNATE ELECTION AREAS.  (a)  Before the 31st day after the date a commissioners court receives a notice under Section 451.656(3), the commissioners court by order shall designate not more than five election areas in the unincorporated area of the county.  The designated areas must include all of the unincorporated area of that county proposed to be included in the authority.
(b)  To the extent practicable, each designated area must coincide with a boundary of a county election precinct so that no county election precinct is divided between two designated areas.
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 N. Creation of Authority › Section 451.658. Election Notice

Sec. 451.658.  ELECTION NOTICE.  In addition to notice required by the Election Code, an election notice must contain a description of the nature and rate of any proposed tax.  A copy of the election notice must be delivered to the Texas Department of Transportation and 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 451 - Metropolitan Rapid Transit Authorities › Subchapter N. Creation of Authority › Section 451.659. Proposition

Sec. 451.659.  PROPOSITION.  The board, in ordering an election under this subchapter, shall submit to the voters the following proposition:  "Shall the creation of (name of authority) be confirmed and shall the levy of the proposed tax be authorized?"
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 N. Creation of Authority › Section 451.660. Conduct of Election: Separate Results for Unit of Election

Sec. 451.660.  CONDUCT OF ELECTION:  SEPARATE RESULTS FOR UNIT OF ELECTION.  The election shall be conducted so that votes are separately tabulated and canvassed and that the result is declared in each unit of election in the authority as follows:
(1)  the alternate city;  and
(2)  each election area designated under Section 451.657.
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 N. Creation of Authority › Section 451.661. Results of Election; Order

Sec. 451.661.  RESULTS OF ELECTION;  ORDER.  (a)  The board shall declare the results of the election separately by each unit of election.  In each unit of election in which a majority of the votes received favor the proposition, the authority is confirmed and continues in each of those units, except that if the authority is not confirmed in the alternate municipality, the authority ceases in every unit of election.  In each unit of election in which a majority of the votes received do not favor the confirmation of the authority, the authority ceases.
(b)  If the authority continues, the board shall record the results in its minutes and adopt an order:
(1)  declaring that the creation of the authority is confirmed;
(2)  describing the territory of the authority;
(3)  stating the date of the election;
(4)  containing the proposition;
(5)  showing the number of votes cast for or against the proposition in each unit of election;  and
(6)  showing the number of votes by which the proposition was approved in each unit of election in which the proposition was approved.
(c)  The order must be accompanied with a map of the authority that shows the boundaries of the authority.
(d)  A certified copy of the order and map shall be filed:
(1)  with the Texas Department of Transportation;
(2)  with the comptroller;  and
(3)  in the deed records of each county in which the authority is located.
(e)  If the authority does not continue, the board shall adopt an order declaring that the result of votes cast at the election is that the authority ceases in the entirety.  A certified copy of the order shall be filed with the Texas Department of Transportation and the comptroller, and the authority is dissolved.
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 N. Creation of Authority › Section 451.662. Costs of Board

Sec. 451.662.  COSTS OF BOARD.  (a)  The alternate municipality shall pay the costs incurred under Section 451.519(a) by members of the board before the authority receives revenue.
(b)  The authority, after receiving revenue, shall reimburse the alternate municipality for costs paid under Subsection (a).
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 N. Creation of Authority › Section 451.663. Composition of Board on Confirmation

Sec. 451.663.  COMPOSITION OF BOARD ON CONFIRMATION.  Except as required by Subchapter K, the composition of the board is not changed by confirmation 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 N. Creation of Authority › Section 451.664. Cost of Election

Sec. 451.664.  COST OF ELECTION.  The alternate municipality shall pay the cost of the confirmation and tax 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 451 - Metropolitan Rapid Transit Authorities › Subchapter N. Creation of Authority › Section 451.665. Expiration of Unconfirmed Authority

Sec. 451.665.  EXPIRATION OF UNCONFIRMED AUTHORITY.  An authority, the existence of which has not been confirmed, ceases on the earlier of:
(1)  the third anniversary of the effective date of the ordinance creating the authority;  or
(2)  the date the governing body of the alternate municipality, with the consent of the board, abolishes 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 O. Advanced Transportation District › Section 451.701. Definitions

Sec. 451.701.  DEFINITIONS.  In this subchapter:
(1)  "Advanced transportation" means light rail, commuter rail, fixed guideways, traffic management systems, bus ways, bus lanes, technologically advanced bus transit vehicles and systems, bus rapid transit vehicles and systems, passenger amenities, transit centers, stations, electronic transit-related information, fare, and operating systems, high occupancy vehicle lanes, traffic signal prioritization and coordination systems, monitoring systems, and other advanced transportation facilities, equipment, operations, systems, and services, including planning, feasibility studies, operations, and professional and other services in connection with such facilities, equipment, operations, systems, and services.
(2)  "District" means an advanced transportation district created under this subchapter.
(3)  "Participating unit" means a municipality or the unincorporated area of a county that joins a district under this subchapter.
(4)  "Mobility enhancement" means the design, construction, reconstruction, alteration, financing, and maintenance of:
(A)  streets, roads, highways, high occupancy vehicle lanes, toll lanes, sidewalks, and infrastructure designed to improve mobility;
(B)  traffic signal prioritization and coordination systems;
(C)  monitoring systems;
(D)  other mobility enhancement facilities, equipment, systems, and services; and
(E)  any debt service requirement, capitalized interest, reserve fund requirement, credit agreement as defined by Section 1371.001, Government Code, administrative cost, or other bond-related cost incurred by or relating to the issuance of obligations by a county or municipality or by a local government corporation created under Chapter 431 acting on behalf of a county or municipality relating to the design, construction, reconstruction, alteration, financing, and maintenance of mobility enhancement projects.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.  Amended by Acts 2003, 78th Leg., ch. 336, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 382 (S.B. 1434), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.703. Conduct of Initial Election: Separate Result

Sec. 451.703.  CONDUCT OF INITIAL ELECTION:  SEPARATE RESULT.  The election shall be conducted so that votes are separately tabulated and canvassed and that the result is declared in each unit of election in the authority as follows:
(1)  in each municipality in the authority;  and
(2)  in the unincorporated area of each county in the authority.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.704. Results of Election; Order

Sec. 451.704.  RESULTS OF ELECTION;  ORDER.  (a)  If a majority of the votes cast in the principal municipality of the authority are in favor of the proposition, the district is created and includes:
(1)  the principal municipality;
(2)  each municipality in which a majority of the votes cast favor the proposition;  and
(3)  the unincorporated area of each county in which a majority of the votes cast favor the proposition.
(b)  If the district is created, the board shall record the results in its minutes and adopt an order:
(1)  declaring that the district is created;
(2)  describing the territory of the district;
(3)  stating the date of the election;
(4)  containing the proposition;
(5)  showing the number of votes cast for or against the proposition in each unit of election;  and
(6)  showing the number of votes by which the proposition was approved in each unit of election in which the proposition was approved.
(c)  The order must be accompanied by a map of the district that shows the boundaries of the district.
(d)  A copy of the order and map shall be filed:
(1)  with the department;
(2)  with the comptroller;  and
(3)  in the deed records of each county in which the district is located.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.705. Subsequent Elections

Sec. 451.705.  SUBSEQUENT ELECTIONS.  (a)  If the initial election under Section 451.702 is held only in the principal municipality, or if the voters of another municipality or the unincorporated area of a county do not vote to join the district at the initial election under Section 451.702, the governing body of the other municipality or the commissioners court of the county may order an election in the municipality or the county at a later date on the question of joining the district, except that the election may not be held if the governing body of the district determines that the addition of the municipality or unincorporated area would create a financial hardship on the district because:
(1)  the territory to be added is not contiguous to the territory of the existing district; or
(2)  the addition of the territory would impair the imposition of the sales and use tax authorized by this subchapter.
(b)   An election ordered under this section shall be held in the same manner as the initial election, except that the governmental entity ordering the election shall pay the costs of the election, and the governing body of that entity shall canvass the vote, declare the results, and notify the district of the results of the election.
(c)  If after an election held under this subchapter, the imposition of the district's tax would not exceed the limit imposed by Section 451.706(a), at the election the ballot shall be prepared to permit voting for or against substantially the following proposition:  "Joining the Advanced Transportation District and authorizing a sales and use tax at the rate of ____ (rate imposed elsewhere in the district)."
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 369 (S.B. 1339), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.706. Limitation on Tax Rate

Sec. 451.706.  LIMITATION ON TAX RATE.  (a)  The combined rate of all sales and use taxes imposed by the district and all other political subdivisions of this state may not exceed two percent in any location in the district.
(b)  If the approval of the district's tax at an election held under Section 451.705 would cause the tax in a political subdivision to exceed the limit imposed under Subsection (a), the governing body of the political subdivision holding an election under Section 451.705 shall prepare the ballot to allow the voters of the subdivision to determine which portion of other sales taxes of that subdivision will be repealed if the voters approve joining the district, except that the following may not be reduced:
(1)  the sales and use tax of the authority; and
(2)  a sales and use tax of not more than one percent imposed by a municipality under Section 321.101(a) or 321.103(a), Tax Code.
(c)  The sales and use tax authorized by this subchapter and the repeal of any local sales and use taxes under this section take effect on the first day of the second calendar quarter beginning after the date the comptroller receives a copy of the order canvassing the results of the election.
(d)  At an election held under Subsection (b), the ballot shall be prepared to permit voting for or against substantially the following proposition: "Joining the Advanced Transportation District, authorizing a sales and use tax at the rate of ___ (rate imposed elsewhere in the district), and repealing ____ cents of the following sales and use taxes used for ___________________________."  Not later than the 45th day before the election date, the governing body of the political subdivision shall submit the ballot language to the authority for approval.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 369 (S.B. 1339), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.707. Governance of District

Sec. 451.707.  GOVERNANCE OF DISTRICT.  (a)  The board of the authority shall act as the governing body of the district and is responsible for the management, operation, and control of the district.
(b)  The business of the district is conducted through its governing body and by the employees of the authority acting under the control and direction of the general manager of the authority.
(c)  The district may enter into contracts with the authority or other private or public entities to conduct the business of the district.
(d)  Except as otherwise provided by this subchapter, the district has the same powers of the authority that called the election creating the district as provided by Subchapters B, C, F, H, I, and K.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.708. District Assets and Recordkeeping

Sec. 451.708.  DISTRICT ASSETS AND RECORDKEEPING.  (a)  An asset of the district shall be held in the name of the authority.
(b)  The authority shall keep separate books and accounting records for the funds, revenues, expenses, and other property of the district.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter O. Advanced Transportation District › Section 451.709. Nature of District

Sec. 451.709.  NATURE OF DISTRICT.  The district is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the district are not proprietary functions for any purpose, including the application of Chapter 101, Civil Practice and Remedies Code.
Added by Acts 1999, 76th Leg., ch. 155, Sec. 1, eff. May 21, 1999.