reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.053. Responsibility for Control of Authority

Sec. 451.053.  RESPONSIBILITY FOR CONTROL OF AUTHORITY.  Except as provided by Section 451.106, the board is responsible for the management, operation, and control of an authority and its property.
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 B. Powers of Authorities › Section 451.054. General Powers of Authority

Sec. 451.054.  GENERAL POWERS OF AUTHORITY.  (a)  An authority has any power necessary or convenient to carry out this chapter or to effect a purpose of this chapter.
(b)  An authority created by an alternate municipality has the powers and duties of an authority in which the principal municipality has a population of more than 1.9 million.
(c)  An authority may sue and be sued.  An authority may not be required to give security for costs in a suit brought or prosecuted by the authority and may not be required to give a supersedeas or cost bond in an appeal of a judgment.
(d)  An authority may hold, use, sell, lease, dispose of, and acquire, by any means, property and licenses, patents, rights, and other interests necessary, convenient, or useful to the exercise of any power under this chapter.  Before an authority acquires an interest in real property for more than $20,000, the board shall have the property appraised by two appraisers working independently of each other.
(e)  An authority may sell, lease, or dispose of in another manner:
(1)  any right, interest, or property of the authority that is not needed for, or, if a lease, is inconsistent with, the efficient operation and maintenance of the transit authority system;  or
(2)  at any time, surplus materials or other property that is not needed for the requirements of the authority or for carrying out a power under this chapter.
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. 134, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.055. Contracts; Grants and Loans

Sec. 451.055.  CONTRACTS;  GRANTS AND LOANS.  (a)  An authority may contract with any person.
(b)  An authority may accept a grant or loan from any person.
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 B. Powers of Authorities › Section 451.056. Operation of Transit Authority System

Sec. 451.056.  OPERATION OF TRANSIT AUTHORITY SYSTEM.  (a)  An authority may:
(1)  acquire, construct, develop, own, operate, and maintain a transit authority system in the territory of the authority, including the territory of a political subdivision;
(2)  contract with a municipality, county, or other political subdivision for the authority to provide public transportation services outside the authority;  and
(3)  lease all or a part of the transit authority system to, or contract for the operation of all or a part of the transit authority system by, an operator.
(b)  An authority may not lease the entire transit authority system under Subsection (a)(3) without the written approval of the governing body of the principal municipality of the authority.
(c)  An authority created by an alternate municipality and an authority in which the principal municipality has a population of more than 1.9 million may contract for service outside each of their respective territories to provide access between the two authorities.
(d)  An authority, as the authority determines advisable, shall determine routes.
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. 135, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.057. Acquisition of Property by Agreement

Sec. 451.057.  ACQUISITION OF PROPERTY BY AGREEMENT.  An authority may acquire rolling stock or other property under a contract or trust agreement, including a conditional sales contract, lease, and equipment trust certificate.
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 B. Powers of Authorities › Section 451.058. Use and Acquisition of Property of Others

Sec. 451.058.  USE AND ACQUISITION OF PROPERTY OF OTHERS.  (a)  For a purpose described by Section 451.056(a)(1) and as necessary or useful in the construction, repair, maintenance, or operation of the transit authority system, an authority may:
(1)  use a public way, including an alley;  and
(2)  directly, or indirectly by another person, relocate or reroute the property of another person or alter the construction of the property of another person.
(b)  For an act authorized by Subsection (a)(2), an authority may contract with the owner of the property to allow the owner to make the relocation, rerouting, or alteration by the owner's own means or through a contractor of the owner.  The contract may provide for reimbursement of the owner for costs or payment to the contractor.
(c)  An authority may acquire by eminent domain any interest in real property, including a fee simple interest and the use of air or subsurface space.  The exercise of the right of eminent domain may not unduly interfere with interstate commerce or authorize the authority to run an authority vehicle on a railroad track that is used to transport property.
(d)  If an authority, through the exercise of a power under this chapter, makes necessary the relocation or rerouting of, or alteration of the construction of, a road, alley, overpass, underpass, railroad track, bridge or associated property, an electric, telegraph, telephone, or television cable line, conduit, or associated property, or a water, sewer, gas, or other pipeline or associated property, the relocation or rerouting or alteration of the construction must be accomplished at the sole cost and expense of the authority, and damages that are incurred by an owner of the property must be paid by the authority.
(e)  Unless the power of eminent domain is exercised, an authority may not begin an activity authorized under Subsection (a) to alter or damage the property of this state, a political subdivision of this state, or a person providing a public service, inconvenience the owners of property of this state, a political subdivision of this state, or a person providing a public service, or disrupt the provision of a public service without having first received written permission from the owner of the property.
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 B. Powers of Authorities › Section 451.059. Eminent Domain Proceedings

Sec. 451.059.  EMINENT DOMAIN PROCEEDINGS.  (a)  An eminent domain proceeding by an authority is initiated by the adoption by the board of a resolution that:
(1)  describes the property interest to be acquired by the authority;
(2)  declares the public necessity for and interest in the acquisition;  and
(3)  states that the acquisition is necessary and proper for the construction, extension, improvement, or development of the transit authority system.
(b)  At least 30 days before the date of the adoption of a resolution under Subsection (a), the board shall hold a public hearing on the question of the acquisition.  The hearing must be held at a place convenient to the residents of the area where the property to be acquired is located.
(c)  The board shall publish notice of the hearing in a newspaper of general circulation in the county where the property is located at least once each week for two weeks before the date of the hearing.
(d)  A resolution adopted under this section is conclusive evidence of the public necessity for the acquisition described in the resolution and that the property interest is necessary for public use.
(e)  Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to an eminent domain proceeding by an 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 B. Powers of Authorities › Section 451.060. Agreement With Utilities, Carriers

Sec. 451.060.  AGREEMENT WITH UTILITIES, CARRIERS.  An authority may agree with any other public or private utility, communication system, common carrier, or transportation system for:
(1)  the joint use of the property of the agreeing entities in the authority;  or
(2)  the establishment of through routes, joint fares, or transfers of passengers.
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 B. Powers of Authorities › Section 451.0611. Enforcement of Fares and Other Charges; Penalties

Sec. 451.0611.  ENFORCEMENT OF FARES AND OTHER CHARGES;  PENALTIES.  (a)   A board by resolution may prohibit the use of the public transportation system by a person who fails to possess evidence showing that the appropriate fare for the use of the system has been paid and may establish reasonable and appropriate methods to ensure that persons using the public transportation system pay the appropriate fare for that use.
(b)  A board by resolution may provide that a fare for or charge for the use of the public transportation system that is not paid incurs a penalty, not to exceed $100.
(c)  The authority shall post signs designating each area in which a person is prohibited from using the transportation system without possession of evidence showing that the appropriate fare has been paid.
(d)  A person commits an offense if:
(1)  the person or another for whom the person is criminally responsible under Section 7.02, Penal Code, uses the public transportation system and does not possess evidence showing that the appropriate fare has been paid;  and
(2)  the person fails to pay the appropriate fare or other charge for the use of the public transportation system and any penalty on the fare on or before the 30th day after the date the authority notifies the person that the person is required to pay the amount of the fare or charge and the penalty.
(e)  The notice required by Subsection (d)(2) may be included in a citation issued to the person under Article 14.06, Code of Criminal Procedure, or under Section 451.0612, in connection with an offense relating to the nonpayment of the appropriate fare or charge for the use of the public transportation system.
(f)  An offense under Subsection (d) is:
(1)  a Class C misdemeanor; and
(2)  not a crime of moral turpitude.
(g)  An authority created before 1980 in which the principal municipality has a population of less than 1.9 million may allow peace officers of another political subdivision serving under a contract with the authority to enforce a resolution passed by a board under this section.
Added by Acts 2003, 78th Leg., ch. 1113, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1072 (H.B. 2715), Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 1, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 137, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.0612. Fare Enforcement Officers

Sec. 451.0612.  FARE ENFORCEMENT OFFICERS.  (a)  An authority may employ persons to serve as fare enforcement officers to enforce the payment of fares for use of the public transportation system by:
(1)  requesting and inspecting evidence showing payment of the appropriate fare from a person using the public transportation system; and
(2)  issuing a citation to a person described by Section 451.0611(d)(1).
(b)  Before commencing duties as a fare enforcement officer, a person must complete a 40-hour training course approved by the authority that is appropriate to the duties required of a fare enforcement officer.
(c)  While performing duties, a fare enforcement officer shall:
(1)  wear a distinctive uniform that identifies the officer as a fare enforcement officer; and
(2)  work under the direction of the authority's manager of safety and security.
(d)  A fare enforcement officer may:
(1)  request evidence showing payment of the appropriate fare from passengers of the public transportation system;
(2)  request personal identification from a passenger who does not produce evidence showing payment of the appropriate fare on request by the officer;
(3)  request that a passenger leave the public transportation system if the passenger does not possess evidence of payment of the appropriate fare; and
(4)  file a complaint in the appropriate court that charges the person with an offense under Section 451.0611(d).
(e)  A fare enforcement officer may not carry a weapon while performing duties under this section.
(f)  A fare enforcement officer is not a peace officer and has no authority to enforce a criminal law, other than the authority possessed by any other person who is not a peace officer.
Added by Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 138, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 372 (H.B. 3031), Sec. 1, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 372 (H.B. 3031), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.062. Power to Enter Real Property

Sec. 451.062.  POWER TO ENTER REAL PROPERTY.  (a)  The engineers, employees, and other representatives of an authority may go on any real property within the boundaries of the authority to:
(1)  make surveys and examine the property with reference to the location of works, improvements, plants, facilities, equipment, or appliances of the authority;  and
(2)  attend to any authority business.
(b)  Before a person described by Subsection (a) goes on any property under the authority of that subsection, at least two weeks' notice shall be given to the owners in possession.
(c)  Property damaged by any authority activity under this section shall be restored as nearly as possible to the original state at the sole expense 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 B. Powers of Authorities › Section 451.063. Tax Exemption

Sec. 451.063.  TAX EXEMPTION.  The property, revenue, and income of an authority are exempt from state and local taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.064. Parking Areas: Certain Authorities

Sec. 451.064.  PARKING AREAS:  CERTAIN AUTHORITIES.  (a)  An authority created before 1980 in which the principal municipality has a population of less than 1.9 million may, with the approval of the governing body of the principal municipality:
(1)  establish, operate, and improve a public parking area or facility in the authority; and
(2)  set and collect reasonable charges for the use of a parking area or facility.
(b)  An authority described by Subsection (a) may regulate public parking in public parking areas or facilities in the principal municipality under an interlocal agreement with the principal municipality according to which that power is delegated to the authority.
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. 139, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.065. Roadways, Trails, Lighting: Certain Authorities

Sec. 451.065.  ROADWAYS, TRAILS, LIGHTING:  CERTAIN AUTHORITIES.  (a)  An authority confirmed before July 1, 1985, may, in the authority:
(1)  construct or maintain a highway, local or arterial street, thoroughfare, or other road, including a bridge or grade separation;  and
(2)  install or operate traffic control improvements, including signals.
(b)  An authority confirmed before 1985 may, in the authority:
(1)  construct or maintain a sidewalk, hiking trail, or biking trail;
(2)  install or maintain streetlights;  and
(3)  in performing an activity under Subdivision (1) or (2), make drainage improvements and take drainage-related measures as reasonable and necessary for the effective use of the transportation facility being constructed or maintained.
(c)  An authority may perform an activity authorized by this section through an agreement with another governmental entity, including an agreement under Chapter 791, Government Code, with a state agency listed under Section 771.002, Government Code.
(d)  An authority may not perform an activity authorized by this section in a municipality without:
(1)  the consent of the governing body of the municipality;  or
(2)  a contract with the municipality specifying the actions that the authority may undertake.
(e)  Subsection (a) does not apply to the performance of an action undertaken by the authority under Section 451.056(a)(1) or 451.058.
(f)  This section does not apply to an authority created before 1980 in which the principal municipality has a population of less than 1.9 million.
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. 140, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.066. Spending Limitation: Trails and Lighting in Certain Authorities

Sec. 451.066.  SPENDING LIMITATION:  TRAILS AND LIGHTING IN CERTAIN AUTHORITIES.  (a)  An authority confirmed before 1980 in which the principal municipality has a population of more than 1.9 million may not spend, during any five-year period, more than seven percent of its revenue from sales and use taxes and interest income during that period for all items described by Section 451.065(b).
(b)  For a fiscal year in which an authority described by Subsection (a) spends an amount that exceeds the limit in Subsection (a), the registered voters of the authority, by petition, may require that an election be held on the question of eliminating or reducing expenditures in any category authorized by Section 451.065(b) and not otherwise authorized by Section 451.065(a).  The board shall call an election in the authority to be held on the first uniform election date at least 60 days after the date the election order is issued if the secretary of state:
(1)  finds that a petition for the election is valid;  or
(2)  fails to act within the time required by Subsection (d).
(c)  A petition under this section is valid if:
(1)  it is signed by registered voters of the authority in a number equal to at least 10 percent of the number of votes cast in the authority in the preceding gubernatorial election;
(2)  the signatures meeting the requirement in Subdivision (1) are collected not earlier than the 90th day before the date the petition is presented to the board;  and
(3)  it is presented to the board on or before the second anniversary of the last day of the fiscal year during which the expenditures exceeded the limitation.
(d)  After receiving a petition under this section, the board shall send it to the secretary of state.  The secretary of state shall, not later than the 30th day after the date the petition is received, determine whether the petition is valid and notify the board of the determination.
(e)  The ballots for the election must provide for voting for or against the following proposition:  "The (reduction or elimination) of expenditures for _____________ (category of spending to be reduced or eliminated)."
(f)  A reduction or elimination of expenditures that is approved by a majority of the votes received on the measure in the election is effective.
(g)  The authority shall pay the costs of:
(1)  determining the validity of a petition;  and
(2)  conducting the election.
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. 141, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.067. Emergency Medical Services: Certain Authorities

Sec. 451.067.  EMERGENCY MEDICAL SERVICES:  CERTAIN AUTHORITIES.  An authority in which the principal municipality has a population of less than 320,000 may provide emergency medical services.
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. 142, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.068. Free Fares Program: Certain Authorities

Sec. 451.068.  FREE FARES PROGRAM:  CERTAIN AUTHORITIES.  (a)  An authority confirmed before July 1, 1985, and in which the principal municipality has a population of less than 1.3 million may, through the operation of a program, charge no fares.
(b)  A program under this section:
(1)  must have clearly defined goals adopted by the authority;
(2)  expires annually, unless renewed;  and
(3)  may be renewed only after the program's costs and benefits are evaluated.
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. 143, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 249, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.070. Elections

Sec. 451.070.  ELECTIONS.  (a)  In an election ordered by a board:
(1)  the board shall give notice of the election by publication in a newspaper of general circulation in the authority at least once each week for three consecutive weeks, with the first publication occurring at least 21 days before the date of the election;  and
(2)  a resolution ordering the election and the election notice must show, in addition to the requirements of the Election Code, the hours of the election and polling places in election precincts.
(b)  Subsection (a) does not apply to an election under Subchapter N.
(c)  An election contest may not be heard unless the comptroller is timely notified as required by Section 451.413.
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 B. Powers of Authorities › Section 451.072. General Authority to Call Election: Certain Authorities

Sec. 451.072.  GENERAL AUTHORITY TO CALL ELECTION:  CERTAIN AUTHORITIES.  (a)  This section applies only to an authority in which the principal municipality has a population of more than 1.9 million.
(b)  The board of an authority may call an election to determine the voters' will on any issue that the board is authorized to decide under this chapter or on the exercise of any discretionary power of the board under this chapter.  At the time the board orders the election, the board shall specify whether the results of the election are binding on the authority.
(c)  The board shall specify the ballot proposition for an election called under this section.  A ballot proposition is approved if a majority of the voters voting at the election favor the proposition.
Added by Acts 2001, 77th Leg., ch. 612, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 145, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.101. Board Powers

Sec. 451.101.  BOARD POWERS.  A board may:
(1)  employ a general manager and other persons necessary for the conduct of the affairs of the authority, including operating or management companies;
(2)  prescribe the duties, compensation, and tenure of persons employed;
(3)  remove an employee;
(4)  adopt a seal for the authority;
(5)  set the fiscal year for the authority;
(6)  establish a complete system of accounts for the authority;
(7)  invest the funds of the authority in direct or indirect obligations of the United States, this state, or a political subdivision of this state;
(8)  purchase, with funds of the authority, certificates of deposit of state or national banks or savings and loan associations in this state if the certificates are secured in the same manner that the funds of a county of this state are required to be secured;
(9)  designate by resolution an authorized representative of the authority to, according to terms prescribed by the board:
(A)  invest authority funds;  and
(B)  withdraw money from authority accounts for investments;  and
(10)  designate by resolution an authorized representative of the authority to supervise the substitution of securities pledged to secure authority funds.
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 C. Management of Authority › Section 451.102. Budget

Sec. 451.102.  BUDGET.  (a)  A board shall adopt an annual operating budget of all major expenditures by type and amount.  The board shall adopt the budget before the beginning of the fiscal year to which the budget applies and before the authority may conduct any business in the fiscal year.
(b)  The board shall hold a public hearing on a proposed annual operating budget before adopting the budget and shall, at least 14 days before the date of the hearing, make the proposed budget available to the public.
(c)  The board after public notice and a hearing may by order amend an annual operating budget.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.103. Operating Expenditures

Sec. 451.103.  OPERATING EXPENDITURES.  An authority may not spend for operations money in excess of the total amount specified for operating expenses in the annual operating budget.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.104. Investment Powers: Certain Authorities

Sec. 451.104.  INVESTMENT POWERS:  CERTAIN AUTHORITIES.  An authority created before 1980 and in which the principal municipality has a population of less than 1.9 million has the same investment powers as an entity under Subchapter A, Chapter 2256, Government Code.
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. 146, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.105. Depository; Deposit of Funds

Sec. 451.105.  DEPOSITORY;  DEPOSIT OF FUNDS.  (a)  A board shall designate one or more banks as depositories for authority funds.
(b)  All funds of an authority shall be deposited in one or more of the authority's depository banks unless an order or resolution authorizing the issuance of an authority bond or note requires otherwise.
(c)  Funds in a depository, to the extent that those funds are not insured by the Federal Deposit Insurance Corporation, shall be secured in the manner provided by law for the security of county funds.
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 C. Management of Authority › Section 451.106. General Manager; Management Policies: Certain Authorities

Sec. 451.106.  GENERAL MANAGER;  MANAGEMENT POLICIES:  CERTAIN AUTHORITIES.  (a)  The board of an authority in which the principal municipality has a population of less than 1.3 million or more than 1.9 million shall employ a general manager to administer the daily operation of the authority.  The general manager may, subject to the annual operating budget and to the personnel policies adopted by the board, employ persons to conduct the affairs of the authority and prescribe their duties and compensation.
(b)  Only the general manager may remove an employee.  A removal is subject to board personnel policies.
(c)  With the approval of the board, the general manager may contract with others for the performance of work or provision of materials for the authority.
(d)  The board shall adopt policies clearly defining the respective duties of the board and the authority's staff.
(e)  This section applies only to an authority described by Subsection (a).
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. 147, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 251, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.107. Rules

Sec. 451.107.  RULES.  (a)  The board by resolution may adopt rules for:
(1)  the safe and efficient operation and maintenance of the transit authority system;
(2)  the use of the transit authority system and the authority's services by the public and the payment of fares, tolls, and other charges;  and
(3)  the regulation of privileges on property owned, leased, or otherwise controlled by the authority.
(b)  A notice of each rule adopted by the board shall be published in a newspaper with general circulation in the area in which the authority is located once each week for two consecutive weeks after adoption of the rule.  The notice must contain a condensed statement of the substance of the rule and must advise that a copy of the complete text of the rule is filed in the principal office of the authority, where the text may be read by any person.
(c)  A rule becomes effective 10 days after the date of the second publication of the notice under this section.
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 C. Management of Authority › Section 451.1075. Prohibition of Consumption of Alcoholic Beverage

Sec. 451.1075.  PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGE.  (a)  A board by resolution may prohibit the consumption of an alcoholic beverage on property an authority possesses or controls.  The resolution must describe with particularity each place where consumption of an alcoholic beverage is prohibited.
(b)  The authority shall post a sign in each place where consumption of an alcoholic beverage is prohibited under this section.  The sign must indicate that a person may not consume an alcoholic beverage in that place.
(c)  A person commits an offense if the person consumes an alcoholic beverage in a place where the consumption of an alcoholic beverage is prohibited under this section.
(d)  An offense under this section is a Class C misdemeanor.
(e)  In this section, "alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.25(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.108. Peace Officers

Sec. 451.108.  PEACE OFFICERS.  (a)  An authority may commission and employ peace officers.
(b)  An authority created before 1980 in which the principal municipality has a population of less than 1.9 million may establish a security force, employ security personnel, and commission security personnel as peace officers.
(c)  A peace officer commissioned under this section, except as provided by Subsections (d) and (e), or a peace officer contracted for employment by an authority confirmed before July 1, 1985, in which the principal municipality has a population of less than 1.3 million, may:
(1)  make an arrest in any county in which the transit authority system is located as necessary to prevent or abate the commission of an offense against the law of this state or a political subdivision of this state if the offense or threatened offense occurs on or involves the transit authority system;
(2)  make an arrest for an offense involving injury or detriment to the transit authority system;
(3)  enforce traffic laws and investigate traffic collisions that involve or occur in the transit authority system; and
(4)  provide emergency and public safety services to the transit authority system or users of the transit authority system.
(d)  A peace officer who holds a commission under this section from an authority in which the principal municipality has a population of more than 1.9 million and who has filed with the authority the oath of a peace officer has all the powers, privileges, and immunities of peace officers in the counties in which the transit authority system is located, provides services, or is supported by a general sales and use tax.
(e)  A peace officer who holds a commission under this section from an authority created before 1980 in which the principal municipality has a population of less than 1.9 million and who has filed with the authority the oath of a peace officer has all the powers, privileges, and immunities of peace officers in the counties in which the transit authority system is located, provides services, or is supported by a general sales and use tax while the peace officer is on the transit authority system property or performing duties in connection with the transit authority system or its users.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 142, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 148, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 252, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.109. Advisory Committee

Sec. 451.109.  ADVISORY COMMITTEE.  (a)  A board may establish one or more advisory committees to make recommendations to the board or the general manager on the operation of the authority.  A committee has the purposes, powers, and duties, including the manner of reporting its work, prescribed by the board.  A committee and each committee member serves at the will of the board.
(b)  The board shall appoint persons to the advisory committee who:
(1)  are selected from a list provided by the general manager;  and
(2)  have knowledge about and interests in, and represent a broad range of viewpoints about, the work of the committee.
(c)  A member of an advisory committee may not be compensated by the authority for committee service but is entitled to reimbursement for actual and necessary expenses incurred in the performance of committee service.
(d)  This section does not apply to an authority in which the principal municipality has a population of 1.3 million or more but not more than 1.9 million.
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. 149, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 253, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.110. Purchases: Competitive Bidding

Sec. 451.110.  PURCHASES:  COMPETITIVE BIDDING.  (a)  Except as provided by Subsection (c) and by Subchapter Q, a board may not contract for the construction of an improvement or the purchase of any property, except through competitive bidding after notice of the contract proposal.  The notice must be published in a newspaper of general circulation in the area in which the authority is located at least once each week for two consecutive weeks before the date set for receiving the bids.  The first notice must be published at least 15 days before the date set for receiving bids.
(b)  The board may adopt rules on:
(1)  the taking of bids;
(2)  the awarding of contracts;  and
(3)  the waiver of the competitive bidding requirement:
(A)  if there is an emergency;
(B)  if there is only one source for the purchase;  or
(C)  except for a contract for construction of an improvement on real property, if:
(i)  competitive bidding is inappropriate because the procurement requires design by the supplier and if competitive negotiation, with proposals solicited from an adequate number of qualified sources, will permit reasonable competition consistent with the procurement;  or
(ii)  it is ascertained after solicitation that there will be only one bidder.
(c)  Subsection (a) does not apply to a contract for:
(1)  $50,000 or less;
(2)  the purchase of real property;
(3)  personal or professional services; or
(4)  the acquisition of an existing transit system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1479, Sec. 1, eff. June 19, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1277 (H.B. 2300), Sec. 2, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 801 (H.B. 2325), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.111. Purchases: Notice of Noncompetitive Bid Proposals

Sec. 451.111.  PURCHASES:  NOTICE OF NONCOMPETITIVE BID PROPOSALS.  (a)  Except as provided by Subchapter Q, unless the posting requirement in Subsection (b) is satisfied, a board may not let a contract that is:
(1)  for more than $50,000; and
(2)  for:
(A)  the purchase of real property; or
(B)  consulting or professional services.
(b)  An announcement that a contract to which this section applies is being considered must be posted in a prominent place in the principal office of the authority for at least two weeks before the date the contract is awarded.
(c)  This section does not apply to a contract that must be awarded through competitive bidding or for the purchase of an existing transit system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1479, Sec. 2, eff. June 19, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1277 (H.B. 2300), Sec. 3, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 801 (H.B. 2325), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.112. Conflicts of Interest: Board Members

Sec. 451.112.  CONFLICTS OF INTEREST:  BOARD MEMBERS.  Chapter 171, Local Government Code, applies to a board member of an authority, except that an authority created before 1980 in which the principal municipality has a population of less than 1.9 million may not enter into a contract or agreement with a business entity in which a board member or the general manager owns five percent or more of the voting stock or shares of the entity or receives funds from the entity exceeding five percent of the member's or general manager's gross income.  A contract executed by an authority in violation of this section is voidable.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 150, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. Management of Authority › Section 451.113. Driving on Certain Authority Right-of-Way; Penalty

Sec. 451.113.  DRIVING ON CERTAIN AUTHORITY RIGHT-OF-WAY; PENALTY.  (a)  A person commits an offense if, as the operator of a motor vehicle, the person drives on a designated right-of-way of an authority that is used in connection with a motor bus rapid transit system.
(b)  It is an exception to the application of Subsection (a) that the person:
(1)  was driving a motor vehicle owned or under the control of the authority and was authorized to drive the vehicle on the designated right-of-way; or
(2)  was driving an authorized emergency vehicle, as defined by Section 541.201, and responding to a call.
Text of subsection effective until January 01, 2025
(c)  Subsection (a) may be enforced by any peace officer listed in Article 2.12, Code of Criminal Procedure, in whose jurisdiction the offense is committed.
Text of subsection effective on January 01, 2025
(c)  Subsection (a) may be enforced by any peace officer listed in Article 2A.001, Code of Criminal Procedure, in whose jurisdiction the offense is committed.
(d)  An offense under this section is a Class C misdemeanor.
Added by Acts 2007, 80th Leg., R.S., Ch. 1209 (H.B. 1798), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.164, eff. January 1, 2025.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.131. Applicability

Sec. 451.131.  APPLICABILITY.  This subchapter applies only to an authority confirmed before July 1, 1985, in which the principal municipality has a population of less than one million.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.132. Five-Year Capital Improvement Plan

Sec. 451.132.  FIVE-YEAR CAPITAL IMPROVEMENT PLAN.  (a)  The board shall adopt a five-year plan for capital improvement projects that supports the strategic goals outlined in Section 451.135 and that:
(1)  describes planned projects, including type and scope;
(2)  prioritizes the projects;
(3)  addresses proposed project financing, including any effect a project may have on ongoing operational costs;
(4)  identifies sources of funding for projects, including local and federal funds; and
(5)  establishes policies for projects, including policies on:
(A)  planning;
(B)  approval;
(C)  cost estimation;
(D)  project reports;
(E)  expense tracking;
(F)  participation of historically underutilized businesses; and
(G)  cost-benefit analyses.
(b)  The board shall hold a public meeting on a proposed capital improvement plan before adopting the plan and must make the proposed plan available to the public for review and comment.
(c)  The board shall annually reevaluate and, if necessary, amend the capital improvement plan to ensure compliance with this section.
(d)  The capital improvement plan should, as appropriate, align with the long-range transportation plan of the metropolitan planning organization that serves the area of the authority.
(e)  The board may not adopt a plan for participation of historically underutilized businesses in capital improvement projects that require a quota or any similar requirement.  The board may not conduct a capital improvement project in a way that has the effect of creating a quota for the participation of historically underutilized businesses.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter C. -1. Additional Management Provisions for Certain Authorities › Section 451.133. Operating Expenses and Capital Expenditures

Sec. 451.133.  OPERATING EXPENSES AND CAPITAL EXPENDITURES.  (a)  An authority may not spend for capital improvements money in excess of the total amount allocated for major capital expenditures in the annual budget.
(b)  The board shall adopt rules requiring each major department of the authority to report quarterly on operating expenses and capital expenditures of the department.
(c)  The board shall establish a system for tracking the progress of the authority's capital improvement projects.
(d)  The board shall maintain, update, and post on the authority's Internet website accounting records for each authority account, including:
(1)  the account's balance at the end of the fiscal year;
(2)  deposits to the account;
(3)  account expenditures; and
(4)  interest income to the account.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1327 (S.B. 650), Sec. 1, eff. June 17, 2011.