reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.107. Hearing

Sec. 372.107.  HEARING.  (a)  A justice court has jurisdiction to conduct a hearing in accordance with this section.
(b)  A hearing requested under Section 372.106 shall be conducted in a justice court in a county in which the toll collection facilities where at least 25 percent of the events of nonpayment occurred are located.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(j), eff. January 1, 2022.
(d)  The issues that must be proven at the hearing by a preponderance of the evidence are:
(1)  whether the registered owner was issued at least two written notices of nonpayment for an aggregate of 100 or more events of nonpayment within a period of one year, not including events of nonpayment for which:
(A)  the registered owner has provided to the toll project entity information establishing that the vehicle was subject to a lease at the time of the nonpayment, as provided by applicable toll project entity law; or
(B)  a defense of theft at the time of the nonpayment has been established as provided by applicable toll project entity law; and
(2)  whether the total amount due for tolls and administrative fees specified in those notices was not paid in full by the dates specified in the notices and remains not fully paid.
(e)  Proof under Subsection (d) may be by oral testimony, documentary evidence, video surveillance, or any other reasonable evidence.
(f)  If the justice of the peace finds in the affirmative on each issue in Subsection (d), the toll project entity's determination that the registered owner is a habitual violator is sustained and becomes final.  If the justice does not find in the affirmative on each issue in Subsection (d), the toll project entity shall rescind its determination that the registered owner is a habitual violator.  Rescission of the determination does not limit the toll project entity's authority to pursue collection of the outstanding tolls and administrative fees.
(g)  A registered owner who requests a hearing and fails to appear without just cause waives the right to a hearing, and the toll project entity's determination is final and not subject to appeal.
(h)  A justice of the peace court may adopt administrative hearings processes to expedite hearings conducted under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(j), eff. January 1, 2022.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.108. Appeal

Sec. 372.108.  APPEAL.  (a)  A registered owner may appeal the justice of the peace's decision by filing a petition not later than the 30th day after the date on which the decision is rendered:
(1)  in the county court at law of the county in which the justice of the peace precinct is located; or
(2)  if there is no county court at law in that county, in the county court.
(b)  The registered owner must send a file-stamped copy of the petition, certified by the clerk of the court, to the toll project entity by certified mail not later than the 30th day after the date the appeal petition is filed.
(c)  The court shall notify the toll project entity of the hearing not later than the 31st day before the date the court sets for the hearing.
(d)  A trial on appeal is a trial de novo on the issues under Section 372.107(d).
(e)  Neither the filing of the appeal petition nor service of notice of the appeal stays the toll project entity's exercise of the habitual violator remedies unless the person who files the appeal posts a bond with the toll project entity issued by a sufficient surety in the total amount of unpaid tolls and fees owed by the registered owner to the toll project entity.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.109. Period Determination Is Effective

Sec. 372.109.  PERIOD DETERMINATION IS EFFECTIVE.  (a)  A final determination that a person is a habitual violator remains in effect until:
(1)  the total amount due for the person's tolls and administrative fees is paid; or
(2)  the toll project entity, in its sole discretion, determines that the amount has been otherwise addressed.
(b)  When a determination terminates, the toll project entity shall, not later than the seventh day after the date of the termination, send notice of the termination:
(1)  to the person who is the subject of the determination at an address under Section 372.106(b); and
(2)  if the toll project entity provided notice to a county assessor-collector or the Texas Department of Motor Vehicles under Section 502.011, to that county assessor-collector or that department, as appropriate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.110. Order Prohibiting Operation of Motor Vehicle on Toll Project; Offense

Sec. 372.110.  ORDER PROHIBITING OPERATION OF MOTOR VEHICLE ON TOLL PROJECT; OFFENSE.  (a)  A toll project entity, by order of its governing body, may prohibit the operation of a motor vehicle on a toll project of the toll project entity if:
(1)  the registered owner of the vehicle has been finally determined to be a habitual violator; and
(2)  the toll project entity has provided notice of the prohibition order to the registered owner.
(b)  The notice required by Subsection (a)(2) must be sent by first class mail to the registered owner at an address under Section 372.106(b) at least 10 days before the date the prohibition order takes effect and is presumed received on the fifth day after the date the notice is mailed.
(c)  Notwithstanding any provisions of law governing the confidentiality of electronic toll collection customer account information, the order described in Subsection (a) may include the registered owner's name, the city and state of residence, and the license plate number of the nonpaying vehicle.
(d)  A person commits an offense if the person operates a motor vehicle on a toll project in violation of an order issued under Subsection (a).  An offense under this subsection is a Class C misdemeanor.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.111. Denial of Motor Vehicle Registration

Sec. 372.111.  DENIAL OF MOTOR VEHICLE REGISTRATION.  After a final determination that the registered owner of a motor vehicle is a habitual violator, the toll project entity may report the determination to a county assessor-collector or the Texas Department of Motor Vehicles in order to cause the denial of vehicle registration as provided by Section 502.011.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.112. Impoundment of Motor Vehicle

Sec. 372.112.  IMPOUNDMENT OF MOTOR VEHICLE.  (a)  A peace officer may detain a motor vehicle observed by the officer to be operated in violation of an order under Section 372.110(a) and may direct the impoundment of the vehicle if:
(1)  the vehicle was previously operated on a toll project in violation of an order issued under Section 372.110(a); and
(2)  personal notice to the registered owner of the vehicle of the toll project entity's intent to have the vehicle impounded on a second or subsequent violation of Section 372.110(a) was provided:
(A)  at the time of the hearing under Section 372.107;
(B)  at the time of the previous traffic stop involving a violation of Section 372.110(a); or
(C)  by personal service.
(b)  A vehicle impounded under this section may be released after:
(1)  payment by or on behalf of the registered owner of all towing, storage, and impoundment charges; and
(2)  a determination by the toll project entity that all unpaid tolls and fees owed to the entity by the registered owner are paid or are otherwise addressed to the satisfaction of the toll project entity in the toll project entity's sole discretion.
(c)  For the purposes of Section 2303.155(b)(4), Occupations Code, fees required to be submitted to a governmental entity include an amount for unpaid tolls and fees owed by the registered owner of an impounded vehicle as set out in timely written notice given by the toll project entity to the operator of the vehicle storage facility where the vehicle is impounded.  The toll project entity may set out in that notice an amount less than all unpaid tolls and fees owed by the registered owner without releasing the registered owner from liability under any other law for the full amount of unpaid tolls and fees.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.113. Habitual Violator Remedies Against Lessee of Vehicle

Sec. 372.113.  HABITUAL VIOLATOR REMEDIES AGAINST LESSEE OF VEHICLE.  (a)  A toll project entity may seek habitual violator remedies against a lessee of a vehicle and not the registered owner if the toll project entity sends to the lessee, in accordance with applicable toll project entity law, at least two notices of nonpayment containing:
(1)  the warning under Section 372.106(a)(1)(B); and
(2)  in the aggregate, 100 or more events of nonpayment in the period of one year, not including events of nonpayment for which a defense of theft at the time of the nonpayment has been established as provided by applicable toll project entity law, that:
(A)  were not paid in full by the dates specified in the notices and that remain not fully paid; and
(B)  were incurred during the period of the lease as shown in a lease contract document provided by the registered owner to the toll project entity as provided by applicable toll project entity law.
(b)  A toll project entity seeking habitual violator remedies against a lessee under Subsection (a) shall use the procedures of this subchapter as if the lessee were the registered owner.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.114. Habitual Violator Remedies Against Owners of Vehicles Not Registered in This State

Sec. 372.114.  HABITUAL VIOLATOR REMEDIES AGAINST OWNERS OF VEHICLES NOT REGISTERED IN THIS STATE.  (a)  A toll project entity may seek habitual violator remedies against a person described by Section 372.105(a) if:
(1)  the person is served with two or more written notices of nonpayment under Section 372.105(a) and the amount owing under the notices was not paid in full by the dates specified in the notices and remains not fully paid; and
(2)  notice of the toll project entity's intent to seek habitual violator remedies was served on the person in the manner described by Section 372.105(a) for a notice of nonpayment.
(b)  A person described by Section 372.105(a) may request a hearing under Section 372.107 not later than the 30th day after the date of the notice under Subsection (a)(2).
(c)  In making a finding under Section 372.107 against a person described by Section 372.105(a), a justice of the peace must find that the requirements of Subsection (a) have been met in lieu of the findings otherwise required under Section 372.107(d).
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.115. Use of Remedies Optional

Sec. 372.115.  USE OF REMEDIES OPTIONAL.  A toll project entity's use of remedies under this subchapter is cumulative of other remedies and is optional, and nothing in this subchapter prohibits a toll project entity from exercising any other enforcement remedies available under this chapter or other law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.116. Method of Sending Invoice or Notice

Sec. 372.116.  METHOD OF SENDING INVOICE OR NOTICE.  As authorized under Section 322.008(d)(2), Business & Commerce Code, a toll project entity may provide an invoice or notice required under this subchapter to be sent by first class mail instead as an electronic record:
(1)  if the recipient of the information agrees to the transmission of the information as an electronic record; and
(2)  on terms acceptable to the recipient.
Added by Acts 2019, 86th Leg., R.S., Ch. 990 (S.B. 1311), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter A. General Provisions › Section 373.001. Definitions

Sec. 373.001.  DEFINITIONS.  In this chapter:
(1)  "Local toll project entity" means an entity, other than the department, that is authorized by law to acquire, design, construct, finance, operate, and maintain a toll project, including:
(A)  a regional tollway authority under Chapter 366;
(B)  a regional mobility authority under Chapter 370; or
(C)  a county acting under Chapter 284.
(2)  "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project is:
(A)  a part of the state highway system; or
(B)  subject to the jurisdiction of the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter A. General Provisions › Section 373.002. Applicability

Sec. 373.002.  APPLICABILITY.  This chapter does not apply to:
(1)  a toll project described in Section 228.011;
(2)  Phase 4 extension of the Dallas North Tollway in Collin and Denton Counties from U.S. 380 to the Grayson County line to be developed by North Texas Tollway Authority; or
(3)  the North Tarrant Express project in Tarrant and Dallas Counties (Interstate Highway 820 and State Highway 121/State Highway 183 from Interstate Highway 35 West to State Highway 161, Interstate Highway 820 East from State Highway 121/State Highway 183 to Randol Mill Road, and Interstate Highway 35 West from Interstate Highway 30 to State Highway 170).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter A. General Provisions › Section 373.003. Project Owned in Perpetuity

Sec. 373.003.  PROJECT OWNED IN PERPETUITY.  Unless a toll project is leased, sold, conveyed, or otherwise transferred to another governmental entity in accordance with applicable law, including Sections 228.151, 284.011, 366.036, 366.172, and 370.171, a toll project procured by the department or a local toll project entity determined by the process under Subchapter B is owned by that entity in perpetuity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter A. General Provisions › Section 373.004. Governmental and Not Commercial Transactions

Sec. 373.004.  GOVERNMENTAL AND NOT COMMERCIAL TRANSACTIONS.  A transaction involving a local toll project entity under Section 228.011 or this chapter is not primarily commercial in nature but is an inherently governmental transaction whose purpose is to determine governmental jurisdiction, ownership, control, or other responsibilities with respect to a project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter A. General Provisions › Section 373.005. Legal Challenges Concluded

Sec. 373.005.  LEGAL CHALLENGES CONCLUDED.  For the purposes of this chapter, all legal challenges to development of a toll project are considered concluded when a judgment or order of a court with jurisdiction over the challenge becomes final and unappealable.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter A. General Provisions › Section 373.006. Toll Project Agreement

Sec. 373.006.  TOLL PROJECT AGREEMENT.  (a)  Before initiating the primacy determination process under Subchapter B for a toll project, the department and the local toll project entity may enter into a toll project agreement that:
(1)  identifies the responsibilities of each party for project-related activities, which may include the performance of environmental work and traffic and revenue studies; and
(2)  includes an agreement that the primacy determination process under Subchapter B may be initiated earlier than as provided by Section 373.051.
(b)  A toll project agreement may provide an alternative to the primacy determination process under Subchapter B for toll project development, including an alternative timeline for the development of toll project phases.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter A. General Provisions › Section 373.007. Exercise of Primacy for Toll Project Phases

Sec. 373.007.  EXERCISE OF PRIMACY FOR TOLL PROJECT PHASES.  Unless otherwise provided by a toll project agreement under Section 373.006 or other agreement, an exercise of primacy under Subchapter B over a phase of a toll project is an exercise of primacy over the entire project, with additional phases to be developed as the entity determines the phases financially feasible.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.051. Initiation of Process

Sec. 373.051.  INITIATION OF PROCESS.  (a)  At any time after a metropolitan planning organization approves the inclusion in the metropolitan transportation improvement program of a toll project to be located in the territory of a local toll project entity, the local toll project entity may notify the department in writing of the local toll project entity's intent to initiate the process described in this subchapter.
(b)  The department may notify the local toll project entity in writing of the department's intent to initiate the process described in this subchapter at any time after a metropolitan planning organization has approved the inclusion in the metropolitan transportation improvement program of a toll project to be located in the territory of a local toll project entity and:
(1)  the department has issued a finding of no significant impact for the project, or for a project for which an environmental impact statement is prepared, the department has approved the final environmental impact statement for the project; or
(2)  for a project subject to environmental review requirements under federal law, the United States Department of Transportation Federal Highway Administration has issued a finding of no significant impact, or for a project for which an environmental impact statement is prepared, the department has submitted a final environmental impact statement to the Federal Highway Administration for approval.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.052. Local Toll Project Entity Option

Sec. 373.052.  LOCAL TOLL PROJECT ENTITY OPTION.  (a)  The local toll project entity has the first option to develop, finance, construct, and operate a toll project.  The local toll project entity must exercise its option not later than the later of:
(1)  the 180th day after the date on which notification under Section 373.051(a) is provided or notification under Section 373.051(b) is received; or
(2)  if the United States Department of Transportation Federal Highway Administration issues a record of decision for an environmental impact statement submitted by the department under Section 373.051(b)(2) more than 60 days after the date the department provides notice under Section 373.051(b), the 120th day after the date the record of decision is issued.
(b)  The option period under Subsection (a) may be extended an additional 90 days by agreement of the department and the local toll project entity.
(c)  If the local toll project entity exercises the option under Subsection (a), the local toll project entity after exercising the option must:
(1)  within 180 days after the later of the date of exercising its option or the date on which all environmental approvals necessary for the development of the toll project are secured and all legal challenges to development are concluded, advertise for the initial procurement of required services, including, at a minimum, design services, for the project; and
(2)  within two years after the later of the date of exercising its option or the date on which all environmental approvals necessary for the development are secured and all legal challenges to development are concluded, enter into a contract for the construction of the toll project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.053. Department Option

Sec. 373.053.  DEPARTMENT OPTION.  (a)  If the local toll project entity fails or declines to exercise the option to develop, finance, construct, and operate a toll project under Section 373.052(a), or fails or declines to advertise for procurement or enter into a construction contract as required by Section 373.052(c), the department has the option to develop, finance, construct, and operate the toll project.  The department has not more than 60 days after the date the local toll project entity fails or declines to exercise its option under Section 373.052(a) or fails or declines to advertise for procurement or enter into a construction contract as required by Section 373.052(c) to exercise its option.
(b)  If the department exercises its option under Subsection (a), the department after exercising the option must:
(1)  within 180 days after the later of the date of exercising its option or the date on which all environmental approvals necessary for the development of the toll project are secured and all legal challenges to development are concluded, advertise for the initial procurement of required services, including, at a minimum, design services, for the project; and
(2)  within two years after the later of the date of exercising its option or the date on which all environmental approvals necessary for the development are secured and all legal challenges to development are concluded, enter into a contract for the construction of the toll project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.054. Reinitiation of Process

Sec. 373.054.  REINITIATION OF PROCESS.  If the process described by Sections 373.051, 373.052, and 373.053 concludes without the local toll project entity or the department entering into a contract for the construction of the toll project, either entity may reinitiate the process under this subchapter by submitting notice to the other entity in the manner provided by Section 373.051.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.055. Waiver of Option; Alteration of Steps or Time Limits

Sec. 373.055.  WAIVER OF OPTION; ALTERATION OF STEPS OR TIME LIMITS.  (a)  The department or the local toll project entity may at any time before or during the process established by this subchapter waive or decline to exercise any option, step, or other right under this subchapter that solely benefits that entity by notifying the other entity of its decision in writing.
(b)  The department and the local toll project entity may, by written agreement, alter any other step or time limit under this subchapter, including the timing of or conditions for initiating the process under Section 373.051.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.056. Sharing of Project-Related Information

Sec. 373.056.  SHARING OF PROJECT-RELATED INFORMATION.  (a)  In this section, "project-related information" includes traffic estimates, revenue estimates, plans, specifications, surveys, appraisals, environmental studies, and other work product developed for a toll project.
(b)  On initiation of the process under Section 373.051, the department shall make its project-related information available to the local toll project entity.
(c)  If the local toll project entity fails or declines to exercise an option or fails or declines to advertise for procurement or enter into a construction contract under Section 373.052, the local toll project entity shall make its project-related information available to the department.
(d)  On entering into a contract for the construction of the toll project, the department or the local toll project entity, as applicable, shall reimburse the other entity for shared project-related information that it uses.
(e)  Use by an entity of project-related information received by the entity under this section is at the sole risk of the receiving entity and does not confer liability on the entity that furnished the information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.057. Progress Reports

Sec. 373.057.  PROGRESS REPORTS.  After the department or the local toll project entity exercises an option under this subchapter, the department or the local toll project entity, as applicable, shall issue a semiannual report on the progress of the development of the toll project.  The report shall be made available to the public.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.058. Environmental Review

Sec. 373.058.  ENVIRONMENTAL REVIEW.  (a)  The department or the local toll project entity may begin any environmental review process that may be required for a proposed toll project before initiating the process under this subchapter.
(b)  If the local toll project entity initiates the process for development of a toll project under Section 373.051(a) and has not begun the environmental review of the project, the local toll project entity shall begin the environmental review within 180 days of exercising the option.
(c)  The department or the local toll project entity may begin development of a toll project before the project receives environmental clearance but may not begin construction of the project before the project receives that clearance.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter B. Process to Determine Entity to Develop, Finance, Construct, and Operate Toll Project › Section 373.059. Project Located in Territory of More Than One Local Toll Project Entity

Sec. 373.059.  PROJECT LOCATED IN TERRITORY OF MORE THAN ONE LOCAL TOLL PROJECT ENTITY.  If a toll project is in the territory of more than one local toll project entity, only the local toll project entity that first constructed toll projects may exercise the options and other rights under this subchapter.  The local toll project entity exercising an option or other right under this section:
(1)  may do so only with respect to the portion of the project located in the territory of that local toll project entity; and
(2)  shall do so on behalf of another local toll project entity in whose territory the project will be located if requested by the other entity after the original entity declines to exercise its option.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter C. Use of Right-of-Way by Local Toll Project Entity › Section 373.101. Use of State Highway Right-of-Way

Sec. 373.101.  USE OF STATE HIGHWAY RIGHT-OF-WAY.  (a)  Consistent with federal law, the commission and the department shall assist a local toll project entity in the development, financing, construction, and operation of a toll project for which the local toll project entity has exercised its option to develop, finance, construct, and operate the project under Subchapter B by allowing the local toll project entity to use state highway right-of-way and to access the state highway system as necessary to construct and operate the toll project.
(b)  Notwithstanding any other law, a local toll project entity and the commission may agree to remove the toll project from the state highway system and transfer ownership to the local toll project entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter C. Use of Right-of-Way by Local Toll Project Entity › Section 373.102. Reimbursement for Use of Right-of-Way

Sec. 373.102.  REIMBURSEMENT FOR USE OF RIGHT-OF-WAY.  (a)  The commission or the department may not require a local toll project entity to pay for the use of state highway right-of-way or access, except:
(1)  to reimburse the department for actual costs incurred by the department that are owed to a third party, including the federal government, as a result of that use by the local toll project entity; and
(2)  as required under Subsection (b).
(b)  A local toll project entity shall reimburse the department for the department's actual costs to acquire a right-of-way transferred to the local toll project entity.  If the department is not able to determine that amount, the reimbursement must be in an amount equal to the average actual historical right-of-way acquisition values for comparable right-of-way located in proximity to the project on the date of original acquisition of the right-of-way.
(c)  In lieu of reimbursement, and at the local toll project entity's sole option, the local toll project entity may agree to pay to the department a portion of the revenues of the project, in the amount and for the period of time agreed to by the local toll project entity and the department.
(d)  Money received by the department under this section shall be deposited in the state highway fund and, except for reimbursement for costs owed to a third party, used to fund additional projects in the department district in which the toll project is located.
(e)  The department shall reimburse a local toll project entity for any cost of right-of-way acquired by the entity for a toll project that will be developed, financed, constructed, and operated by the department.
(f)  The commission or department or the local toll project entity may waive the requirement of reimbursement under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter C. Use of Right-of-Way by Local Toll Project Entity › Section 373.103. Agreement for Use of Right-of-Way

Sec. 373.103.  AGREEMENT FOR USE OF RIGHT-OF-WAY.  A local toll project entity and the department shall enter into an agreement for any toll project for which the entity has exercised its option to develop, finance, construct, and operate the project under Subchapter B and for which the entity intends to use state highway right-of-way.  The agreement must contain provisions necessary to:
(1)  ensure that the local toll project entity's construction, maintenance, and operation of the project complies with the requirements of applicable state and federal law; and
(2)  protect the interests of the commission and the department in the use of right-of-way for operations of the department, including public safety and congestion mitigation on the right-of-way.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter C. Use of Right-of-Way by Local Toll Project Entity › Section 373.104. Liability for Damages

Sec. 373.104.  LIABILITY FOR DAMAGES.  (a)  Notwithstanding any other law, the commission and the department are not liable for any damages that result from a local toll project entity's use of state highway right-of-way or access to the state highway system under this subchapter, regardless of the legal theory, statute, or cause of action under which liability is asserted.
(b)  An agreement entered into by a local toll project entity and the department in connection with a toll project that is developed, financed, constructed, or operated by the local toll project entity and that is on or directly connected to a highway in the state highway system does not create a joint enterprise for liability purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 373 - Toll Projects Located in Territory of Local Toll Project Entity › Subchapter C. Use of Right-of-Way by Local Toll Project Entity › Section 373.105. Compliance With Federal Law

Sec. 373.105.  COMPLIANCE WITH FEDERAL LAW.  Notwithstanding an action taken by a local toll project entity under this subchapter, the commission or department may take any action that in its reasonable judgment is necessary to comply with any federal requirement to enable this state to receive federal-aid highway funds.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter A. General Provisions › Section 391.002. Purpose

Sec. 391.002.  PURPOSE.  (a)  Subject to the availability of state and federal funds, it is the intent of the legislature to comply with the Highway Beautification Act of 1965 (23 U.S.C. Sections 131, 136, 319) to the extent that it is implemented by the United States Congress.  This chapter is conditioned on that law.
(b)  The legislature declares that it is necessary to regulate the erection and maintenance of commercial signs and the establishment, operation, and maintenance of junkyards in areas adjacent to the interstate and primary systems to:
(1)  promote the health, safety, welfare, morals, convenience, and enjoyment of the traveling public; and
(2)  protect the public investment in the interstate and primary systems.
(c)  The legislature considers that the following are means of protecting and providing for the general welfare of the traveling public and promoting the safety of citizens using the highways of this state:
(1)  landscaping and developing recreational areas;
(2)  acquiring interests in and improving strips of real property within, adjacent to, or within view of the interstate or primary system that are necessary for the restoration, preservation, and enhancement of scenic beauty;  and
(3)  developing publicly owned and controlled rest and sanitary facilities in or adjacent to highway rights-of-way.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 3, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter A. General Provisions › Section 391.003. Violation of Rule; Offense

Sec. 391.003.  VIOLATION OF RULE;  OFFENSE.  (a)  A person commits an offense if the person wilfully violates a rule adopted by the commission under this chapter.
(b)  An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000.
(c)  Each day of a rule violation is a separate offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter A. General Provisions › Section 391.004. Disposition of Fees

Sec. 391.004.  DISPOSITION OF FEES.   Money the commission receives under this chapter shall be deposited to the credit of the state highway fund.  The commission shall use money in the state highway fund to administer this chapter and Chapter 394.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.21, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 39, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter A. General Provisions › Section 391.006. Complaints; Records

Sec. 391.006.  COMPLAINTS; RECORDS.  (a)  The commission by rule shall establish procedures for accepting and resolving written complaints related to signs that are subject to this chapter.  The rules must include:
(1)  a process to make information available describing the department's procedures for complaint investigation and resolution, including making information about the procedures available on the department's Internet website;
(2)  a system to prioritize complaints so that the most serious complaints receive attention before less serious complaints; and
(3)  a procedure for compiling and reporting detailed annual statistics about complaints.
(b)  The department shall develop and provide a simple form for filing complaints with the department.
(c)  The department shall provide to each person who files a written complaint with the department, and to each person who is the subject of a complaint, information about the department's policies and procedures relating to complaint investigation and resolution.
(d)  The department shall keep, in accordance with the department's approved records retention schedule, an information file about each written complaint filed with the department that the department has authority to resolve.  The department shall keep the following information for each complaint for the purpose of enforcing this chapter:
(1)  the date the complaint is filed;
(2)  the name of the person filing the complaint;
(3)  the subject matter of the complaint;
(4)  each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  if the department does not take action on the complaint, an explanation of the reasons that action was not taken.
(e)  If a written complaint is filed with the department that the department has authority to resolve, the department, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an ongoing department investigation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 40(a), eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 4, eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter B. Regulation of Commercial Signs Generally › Section 391.031. Unlawful Commercial Signs; Offense

Sec. 391.031.  UNLAWFUL COMMERCIAL SIGNS; OFFENSE.  (a)  A person commits an offense if the person erects or maintains a commercial sign, or allows a commercial sign to be erected or maintained on property owned by the person:
(1)  within 660 feet of the nearest edge of a right-of-way if the sign is visible from the main-traveled way of the interstate or primary system; or
(2)  outside an urban area if the sign is located more than 660 feet from the nearest edge of a right-of-way, is visible from the main-traveled way of the interstate or primary system, and is erected for the purpose of having the sign seen from the main-traveled way of the interstate or primary system.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(3), eff. June 15, 2017.
(b-1)  A person does not commit an offense under this section if the person:
(1)  erects or maintains a commercial sign located within 660 feet of the nearest edge of a right-of-way in an area in which the land use:
(A)  is designated industrial or commercial under authority of law; or
(B)  is not designated industrial or commercial under authority of law, but the land use is consistent with an area designated industrial or commercial; and
(2)  holds a permit issued by the department for the sign.
(c)  The determination of whether an area is to be designated industrial or commercial must be made under criteria established by commission rule and according to actual land use.
(d)  An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day of the proscribed conduct is a separate offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 611 (H.B. 412), Sec. 1, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 6, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 7, eff. June 15, 2017.
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 33(3), eff. June 15, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 391 - Highway Beautification on Interstate and Primary Systems and Certain Roads › Subchapter B. Regulation of Commercial Signs Generally › Section 391.032. Regulation of Commercial Signs in Industrial or Commercial Area

Sec. 391.032.  REGULATION OF COMMERCIAL SIGNS IN INDUSTRIAL OR COMMERCIAL AREA.  (a)  The commission by rule may regulate the orderly and effective display of commercial signs consistent with the customary use of commercial signs in this state in an area in which the land use:
(1)  is designated industrial or commercial under authority of law; and
(2)  is not so designated but in which the land use is consistent with areas designated industrial or commercial in the manner provided by Section 391.031(c).
(b)  The commission may agree with the secretary of the United States Department of Transportation to regulate the orderly and effective display of commercial signs in an area described by Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 964 (S.B. 2006), Sec. 8, eff. June 15, 2017.