reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.104. Fares and Other Charges

Sec. 453.104.  FARES AND OTHER CHARGES.  (a)  The board shall, after a public hearing, impose reasonable and nondiscriminatory fares, tolls, charges, rents, or other compensation for the use of the transit department system sufficient to produce revenue, together with receipts from taxes imposed by the transit department, in an amount adequate to:
(1)  pay all the expenses necessary to operate and maintain the transit department system;
(2)  pay when due the principal of and interest on, and sinking fund and reserve fund payments agreed to be made with respect to, all bonds that are issued by the board and payable in whole or part from the revenue; and
(3)  fulfill the terms of any other agreement with the holders of bonds described by Subdivision (2) or with a person acting on behalf of the bondholders.
(b)  Except as provided by Subsection (c), personal identifying information collected by a transit department is confidential and not subject to disclosure under Chapter 552, Government Code, including a person's:
(1)  name, address, e-mail address, and phone number;
(2)  account number, password, payment transaction activity, toll or charge record, or credit, debit, or other payment card number;
(3)  trip data, including the time, date, origin, and destination of a trip, and demographic information collected when the person purchases a ticket or schedules a trip; and
(4)  other personal information, including financial information.
(c)  Personal identifying information described by Subsection (b)(3) may be disclosed to a governmental agency or institution of higher education, as defined by Section 61.003, Education Code, by a transit department if the requestor confirms in writing that the use of the information will be strictly limited to use in research or in producing statistical reports, but only if the information is not published, redisclosed, sold, or used to contact any individual.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 155 (S.B. 858), Sec. 3, eff. May 28, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.105. Agreement With Utilities, Carriers

Sec. 453.105.  AGREEMENT WITH UTILITIES, CARRIERS.  A transit department may agree with a 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 municipality;  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 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.106. Contracts; Acquisition of Property by Agreement

Sec. 453.106.  CONTRACTS;  ACQUISITION OF PROPERTY BY AGREEMENT.  (a)  A transit department may contract with any person and may accept a grant or loan from any person.
(b)  A transit department 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 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.107. Use and Acquisition of Property of Others

Sec. 453.107.  USE AND ACQUISITION OF PROPERTY OF OTHERS.  (a)  A transit department may not alter or damage any property of this state or a political subdivision of this state or owned by a person rendering public services and may not disrupt services being provided by others or inconvenience in any other manner an owner of property, without first having obtained:
(1)  the written consent of the owner;  or
(2)  the right from the governing body of the municipality to take the action under the municipality's power of eminent domain.
(b)  A transit department may agree with an owner of property to provide for:
(1)  a necessary relocation or alteration of property by the owner or a contractor chosen by the owner;  and
(2)  the reimbursement by the transit department to the owner of the costs incurred by the owner in making the relocation or alteration.
(c)  The transit department shall pay the cost of any relocation, rerouting, or other alteration in the construction made under this chapter and is liable for any damage to property occurring because of the change.
(d)  The department shall permit a transit department to construct a separate area adjacent to a highway under the jurisdiction of the department so that buses may safely board and discharge passengers without impeding the flow of traffic.  The location, design, and construction standards of an area constructed under this subsection must be approved by the department to ensure the safety of the traveling public.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1281 (H.B. 2348), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.108. Routes

Sec. 453.108.  ROUTES.  A transit department shall determine each route, including route changes, as the board considers advisable.
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 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.109. Tort Liability and Governmental Immunity

Sec. 453.109.  TORT LIABILITY AND GOVERNMENTAL IMMUNITY.  (a)  A transit department is a separate governmental unit for purposes of Chapter 101, Civil Practice and Remedies Code, and operations of a transit department are essential governmental functions and not proprietary functions for all purposes, including the purposes of that chapter.
(b)  This chapter does not create or confer any governmental immunity or limitation of liability on any entity that is not a governmental unit, governmental entity or authority, or public agency or a subdivision of one of those persons.  In this subsection "governmental unit" has the meaning assigned by Section 101.001, Civil Practice and Remedies Code.
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 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.110. Tax Exemption

Sec. 453.110.  TAX EXEMPTION.  The assets of a transit department are exempt from any tax of the state or a state taxing 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 453 - Municipal Transit Departments › Subchapter D. Transit Department Tax Election › Section 453.151. Board to Order Tax Election

Sec. 453.151.  BOARD TO ORDER TAX ELECTION.  (a)  If the board determines that implementation of a mass transit plan developed by the transit department is feasible, the board shall order an election to approve a local sales and use tax at the rate determined by the board under Section 453.401 unless the municipality that created the transit department imposes an additional sales and use tax under Section 321.101(b), Tax Code.
(b)  The board may not order an election under this section to be held on the same day as an election held by the creating municipality to approve an additional sales and use tax under Section 321.101(b), Tax Code.
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 453 - Municipal Transit Departments › Subchapter D. Transit Department Tax Election › Section 453.152. Notice of Election

Sec. 453.152.  NOTICE OF ELECTION.  (a)  Notice of the election must include a description of the nature and rate of the proposed tax.
(b)  The board shall send a copy of the notice to the Texas Department of Transportation and to the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter D. Transit Department Tax Election › Section 453.153. Ballot Proposition

Sec. 453.153.  BALLOT PROPOSITION.  At an election under this subchapter, the ballots shall be prepared to provide for voting for or against the proposition:  "Levy of a proposed local sales and use tax at the rate of _____ (insert appropriate rate) percent."
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 453 - Municipal Transit Departments › Subchapter D. Transit Department Tax Election › Section 453.154. Results of Election

Sec. 453.154.  RESULTS OF ELECTION.  (a)  If a majority of the votes received at the election favor the proposition, the board shall:
(1)  record the result in its minutes;  and
(2)  adopt an order requiring implementation of the mass transit plan.
(b)  If a majority of the votes received at the election do not favor the proposition, the board shall:
(1)  record in its minutes an order declaring the result;  and
(2)  dissolve the transit department as soon as practicable.
(c)  The board shall file a certified copy of an order under this section with the Texas Department of Transportation, with the comptroller, and in the deed records of the county.
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 453 - Municipal Transit Departments › Subchapter E. Special Transportation Programs › Section 453.201. Transportation for Jobs Program Participants

Sec. 453.201.  TRANSPORTATION FOR JOBS PROGRAM PARTICIPANTS.  (a)  A transit department shall contract with the Texas Department of Human Services to provide, in accordance with federal law, transportation services to a person who:
(1)  resides in the area served by the transit department;
(2)  is receiving financial assistance under Chapter 31, Human Resources Code;  and
(3)  is registered in the jobs opportunities and basic skills training program under Part F, Subchapter IV, Social Security Act (42 U.S.C. Section 682).
(b)  The contract must include provisions to ensure that:
(1)  the transit department is required to provide transportation services only to a location:
(A)  to which the person travels in connection with participation in the jobs opportunities and basic skills training program;  and
(B)  that the transit department serves under the transit department's authorized rate structure and existing services;
(2)  the transit department is to provide directly to the Texas Department of Human Services trip vouchers for distribution by the Texas Department of Human Services to a person who is eligible under this section to receive transportation services;
(3)  the Texas Department of Human Services reimburses the transit department for allowable costs, at the applicable federal matching rate;  and
(4)  the Texas Department of Human Services may return undistributed trip vouchers to the transit department.
(c)  A transit department shall certify the amount of public funds spent by the transit department under this section for the purpose of obtaining federal funds under the jobs opportunities and basic skills training program.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter E. Special Transportation Programs › Section 453.202. Waiver of Federal Requirements

Sec. 453.202.  WAIVER OF FEDERAL REQUIREMENTS.  If, before implementing Section 453.201, the Texas Department of Human Services determines that a waiver or authorization from a federal agency is necessary for implementation, the Texas Department of Human Services shall request the waiver or authorization, and the Texas Department of Human Services and a transit department may delay implementing Section 453.201 until the waiver or authorization is granted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.301. Definition

Sec. 453.301.  DEFINITION.  In this subchapter, "bond" includes a note.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.302. Power to Issue Bonds

Sec. 453.302.  POWER TO ISSUE BONDS.  (a)  A transit department may issue revenue bonds at any time and for any amounts it considers necessary or appropriate for:
(1)  the acquisition, construction, repair, equipping, improvement, or extension of its transit system;  or
(2)  the construction or general maintenance of streets of the creating municipality.
(b)  Bonds payable solely from revenues may be issued by resolution of the board.
(c)  Bonds, other than refunding bonds, any portion of which is payable from tax revenue, may not be issued until authorized by a majority vote of the voters of the municipality voting in an election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.303. Bond Terms

Sec. 453.303.  BOND TERMS.  (a)  A transit department's bonds are fully negotiable.
(b)  The transit department may make the bonds redeemable before maturity at the price and subject to the terms and conditions that are provided in the resolution authorizing the bonds.
(c)  A revenue bond indenture may limit a power of the transit department provided by Sections 453.101-453.108 or 453.109(b) as long as the bond containing the indenture is outstanding and unpaid.
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 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.304. Sale

Sec. 453.304.  SALE.  Bonds may be sold at a public or private sale as determined by the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.305. Approval; Registration

Sec. 453.305.  APPROVAL;  REGISTRATION.  (a)  A transit department's bonds and the records relating to their issuance shall be submitted to the attorney general for examination before the bonds may be delivered.
(b)  If the attorney general finds that the bonds have been issued in conformity with the constitution and this chapter and that the bonds will be a binding obligation of the issuing transit department, the attorney general shall approve the bonds.
(c)  After the bonds are approved by the attorney general, the comptroller shall register the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.306. Incontestability

Sec. 453.306.  INCONTESTABILITY.  Bonds are incontestable after they are:
(1)  approved by the attorney general;
(2)  registered by the comptroller;  and
(3)  sold and delivered to the purchaser.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.307. Security Pledged

Sec. 453.307.  SECURITY PLEDGED.  (a)  To secure the payment of a transit department's bonds, the transit department may:
(1)  pledge all or part of revenue received from any tax that the transit department may impose;
(2)  pledge all or part of the revenue of the transit department system;  and
(3)  mortgage all or part of the transit department system, including any part of the system subsequently acquired.
(b)  Under Subsection (a)(3), the transit department may, subject to the terms of the bond indenture or resolution authorizing the issuance of the bonds, encumber a separate item of the transit department system and acquire, use, hold, or contract for any property by lease, chattel mortgage, or other conditional sale, including an equipment trust transaction.
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 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.308. Pledge of Revenue Limited

Sec. 453.308.  PLEDGE OF REVENUE LIMITED.  The expenses of operation and maintenance of a transit department system, including salaries, labor, materials, and repairs necessary to provide efficient service and every other proper item of expense, are a first lien and charge against any revenue of a transit department that is encumbered under this chapter.
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 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.309. Refunding Bonds

Sec. 453.309.  REFUNDING BONDS.  A transit department may issue refunding bonds for the purposes and in the manner authorized by Chapter 1207, Government Code, or other law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.397, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.310. Bonds as Authorized Investments

Sec. 453.310.  BONDS AS AUTHORIZED INVESTMENTS.  (a)  A transit department's bonds are authorized investments for:
(1)  a bank;
(2)  a trust company;
(3)  a savings and loan association;  and
(4)  an insurance company.
(b)  The bonds, when accompanied by all appurtenant, unmatured coupons and to the extent of the lesser of their face value or market value, are eligible to secure the deposit of public funds of this state, a political subdivision of this state, and any other political corporation of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter G. Bonds › Section 453.311. Interest Exemption

Sec. 453.311.  INTEREST EXEMPTION.  Interest on bonds issued by a transit department is exempt from any tax of the state or a state taxing 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 453 - Municipal Transit Departments › Subchapter H. Taxes › Section 453.401. Sales and Use Tax

Sec. 453.401.  SALES AND USE TAX.  (a)  The board may impose for the transit department a sales and use tax at a permissible rate that does not exceed the rate approved by the voters at an election under this chapter.
(b)  The board by order may:
(1)  decrease the rate of the sales and use tax for the transit department to a permissible rate;  or
(2)  call an election for the increase or decrease of the sales and use tax to a permissible rate.
(c)  The permissible rates for a sales and use tax imposed under this chapter are:
(1)  one-quarter of one percent;  and
(2)  one-half of one percent.
(d)  Chapter 322, Tax Code, applies to a transit department's sales and use tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter H. Taxes › Section 453.402. Maximum Tax Rate

Sec. 453.402.  MAXIMUM TAX RATE.  (a)  A board may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales and use taxes imposed by all political subdivisions of this state having territory in the municipality exceeds two percent in any location in the municipality.
(b)  An election by a transit department to approve a sales and use tax or increase the rate of the transit department's sales and use tax has no effect if:
(1)  the voters of the transit department approve the department's sales and use tax rate or rate increase at an election held on the same day on which the municipality or county having territory in the jurisdiction of the transit department adopts a sales and use tax or an additional sales and use tax;  and
(2)  the combined rates of all sales and use taxes imposed by the transit department and all political subdivisions of this state would exceed two percent in any part of the territory in the jurisdiction of the transit department.
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 453 - Municipal Transit Departments › Subchapter H. Taxes › Section 453.403. Election to Change Tax Rate

Sec. 453.403.  ELECTION TO CHANGE TAX RATE.  (a)  At an election ordered under Section 453.401(b)(2), the ballots shall be prepared to permit voting for or against the proposition:  "The increase (decrease) of the local sales and use tax rate of (name of transit department) to (percentage)."
(b)  The increase or decrease in the tax rate becomes effective if it is approved by a majority of the votes cast.
(c)  A notice of the election and a certified copy of the order canvassing the election results shall be:
(1)  sent to the Texas Department of Transportation and the comptroller;  and
(2)  filed in the deed records of the county.
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 453 - Municipal Transit Departments › Subchapter H. Taxes › Section 453.404. Sales Tax: Effective Dates

Sec. 453.404.  SALES TAX:  EFFECTIVE DATES.  (a)  A transit department's sales and use tax takes effect on the first day of the second calendar quarter that begins after the date the comptroller receives a copy of the order required to be sent under Section 453.154.
(b)  An increase or decrease in the rate of a transit department's sales and use tax takes effect on:
(1)  the first day of the first calendar quarter that begins after the date the comptroller receives the notice provided under Section 453.403(c);  or
(2)  the first day of the second calendar quarter that begins after the date the comptroller receives the notice if within 10 days after the date of receipt of the notice the comptroller gives written notice to the presiding officer of the board that the comptroller requires more time to implement tax collection and reporting procedures.
(c)  The presiding officer of the board of a transit department that imposes a sales and use tax under this chapter shall send to the comptroller by United States registered or certified mail a certified copy of each order of the municipality that created the transit department that adds territory to, or removes territory from, the municipality unless notice of the boundary change is given under Chapter 321, Tax Code.  The order must give the effective date of the change and be accompanied by a map of the municipality clearly showing the territory added or removed.  The tax is effective in the added territory or is excluded from the removed territory in the same manner as provided for a change of tax rate in Subsection (b).
(d)  If the notice of a boundary change is given as provided by Chapter 321, Tax Code, the tax imposed under this chapter takes effect at the same time that the municipal tax takes effect under that notice.
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 453 - Municipal Transit Departments › Subchapter I. Dissolution of Transit Department › Section 453.451. Election to Dissolve Transit Department

Sec. 453.451.  ELECTION TO DISSOLVE TRANSIT DEPARTMENT.  (a)  A board may order an election on the question of dissolving the transit department.
(b)  The board shall dissolve the transit department if the dissolution is approved by a majority of the votes cast.
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 453 - Municipal Transit Departments › Subchapter I. Dissolution of Transit Department › Section 453.452. Election Procedures

Sec. 453.452.  ELECTION PROCEDURES.  (a)  The provisions of Subchapter D  that relate to the notice and conduct of an election under that subchapter apply to an election to dissolve a transit department unless a different requirement is specified in this subchapter.
(b)  The board shall send a notice of the election to the Texas Department of Transportation and the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter I. Dissolution of Transit Department › Section 453.453. Ballots; Notice of Election Results

Sec. 453.453.  BALLOTS;  NOTICE OF ELECTION RESULTS.  (a)  At the election, the ballots shall be prepared to provide for voting for or against the proposition:  "Dissolution of (name of transit department)."
(b)  The board shall send a certified copy of the order canvassing the election results to the Texas Department of Transportation and the comptroller and file a copy in the deed records of the county.
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 453 - Municipal Transit Departments › Subchapter I. Dissolution of Transit Department › Section 453.454. Effective Date of Dissolution

Sec. 453.454.  EFFECTIVE DATE OF DISSOLUTION.  The repeal of a transit department's sales and use tax under this subchapter takes effect on:
(1)  the first day of the first calendar quarter that begins after the date the comptroller receives the notice of the dissolution of the transit department;  or
(2)  the first day of the second calendar quarter that begins after the date the comptroller receives the notice, if within 10 days after the date of receipt of the notice the comptroller gives written notice to the presiding officer of the board that the comptroller requires more time to implement the repeal of the tax.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.001. Authority

Sec. 454.001.  AUTHORITY.  (a)  A municipality may own, purchase, construct, improve, extend, and operate a mass transportation system to carry passengers for hire within the municipality, its suburbs, and adjacent areas.
(b)  A municipality, individually or in cooperation with the United States, may:
(1)  undertake research, development, and demonstration projects for a mass transportation system in the municipality, its suburbs, and adjacent areas;  and
(2)  acquire, construct, and improve a facility or equipment for use, by operation, lease, or otherwise, in mass transportation service in those areas on, under, over, along, or across a public street or highway and on real property, an easement, or a right-of-way acquired for that purpose.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.002. Essential Governmental Functions

Sec. 454.002.  ESSENTIAL GOVERNMENTAL FUNCTIONS.  (a)  Mass transportation service provided by a municipality directly or through another entity by lease, contract, or other manner is an essential governmental function and not a proprietary function for all purposes, including the application of Chapter 101, Civil Practice and Remedies Code, if the service is provided:
(1)  on a fixed rail or other designated and dedicated route;
(2)  over a distance of less than 20 miles;  and
(3)  primarily for travel through or to an area of historical, architectural, recreational, or cultural interest.
(b)  An independent contractor that on behalf of a municipality provides mass transportation service that is an essential governmental function under Subsection (a) is liable for damages only to the extent that the municipality would be liable if the municipality were performing the function.
(c)  This section does not apply to taxicab transportation service.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.003. Federal Grants and Loans

Sec. 454.003.  FEDERAL GRANTS AND LOANS.  (a)  A municipality may accept a grant or loan from the United States to finance all or part of the cost of acquiring, constructing, or improving a facility or equipment for use, by operation, lease, or otherwise, in mass transportation service in the municipality, its suburbs, and adjacent areas and in coordinating mass transportation service with highway and other transportation in those areas.
(b)  Ratification by referendum of a regional authority under Chapter 451 by less than all municipalities in the metropolitan area as defined in that chapter does not affect the eligibility of an excepted municipality to receive federal transit grants under the National Mass Transportation Assistance Act of 1974 or subsequent federal statute.
(c)  Ratification by referendum of an authority under Chapter 452 by less than all municipalities in the metropolitan area as defined in that chapter does not affect the eligibility of an excepted municipality to receive federal transit grants under the Surface Transportation Assistance Act of 1978 or subsequent federal statute.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.004. Management

Sec. 454.004.  MANAGEMENT.  (a)  By the terms of an instrument evidencing an encumbrance of a mass transportation system or the terms of an ordinance, a municipality may place the management of a mass transportation system with the governing body of the municipality or a board of trustees named in the instrument or ordinance.
(b)  A board of trustees of a mass transportation system must consist of three to nine members, one of whom must be the mayor of the municipality.  The instrument or ordinance must set the trustees' compensation, which may not exceed two percent of the gross annual receipts of the system.  The instrument or ordinance may specify:
(1)  the term of office of the board of trustees;
(2)  the board's powers and duties;
(3)  the manner in which the board may exercise its powers and duties;
(4)  the election of the trustees' successors;  and
(5)  any matter relating to the board's organization.
(c)  On any matter not covered by the instrument or ordinance, the board is governed by the laws and rules controlling the governing body of the municipality to the extent applicable.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.005. Lease of System

Sec. 454.005.  LEASE OF SYSTEM.  (a)  In lieu of operating a mass transportation system, the governing body of a municipality or a board of trustees managing the system, with the approval of the municipality's governing body by resolution, may enter into a lease or other contractual arrangement for the operation of the system by a privately owned and operated corporation.
(b)  The guaranteed or contingent payment of rentals, computed on revenue or gross or net profits or determined by any other method of compensation the governing body or board of trustees determines to be reasonable, may be the consideration for a lease or other contract under this section.
(c)  The municipality must give public notice and make a request for the submission of bids in the manner required by law for the taking of bids for a public construction contract before entering into a lease or other contract under this section.  The municipality shall accept the best bid submitted, considering the rentals to be paid and the experience and financial responsibility of the corporations submitting the bids.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.006. Fares

Sec. 454.006.  FARES.  (a)  Fares charged by a mass transportation system may be set according to a zone system or other classification that the municipality determines to be reasonable.
(b)  Unless otherwise considered necessary by the governing body of the municipality to maintain the level and quality of service desired, a mass transportation system shall charge and collect fares that are sufficient to:
(1)  pay all operating, maintenance, depreciation, and replacement charges;
(2)  provide for extensions to the extent permitted by this chapter;  and
(3)  provide and maintain in the time and manner prescribed by the applicable ordinances, deeds of trust, and indentures money sufficient to pay for debt service and reserves for the security and orderly payment of bonds or notes.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.007. Use of Revenue to Pay Other Municipal Debts Prohibited

Sec. 454.007.  USE OF REVENUE TO PAY OTHER MUNICIPAL DEBTS PROHIBITED.  (a)  Except as permitted by the ordinance authorizing the bonds or notes or the deed of trust or indenture securing the bonds or notes or as provided by Subsection (b), the revenue of a mass transportation system may not be used to pay any other debt, expense, or obligation of the municipality.
(b)  An acquired mass transportation system may pay the municipality that acquired the system for the loss of ad valorem taxes previously paid by the owners of the system until the indebtedness secured by the taxes is paid.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.008. Records and Accounts

Sec. 454.008.  RECORDS AND ACCOUNTS.  (a)  The mayor of a municipality shall install and maintain a complete system of records and accounts showing the revenue collected and showing separately the amount spent or set aside for operation, salaries, labor, materials, repairs, maintenance, depreciation, replacements, extensions, and debt service on bonds or notes issued under this chapter.
(b)  A mayor commits an offense if the mayor fails to install and maintain a system of records and accounts as required by Subsection (a) on or before the 90th day after the date the mass transportation system is completed.  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $1,000.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.009. Annual Report

Sec. 454.009.  ANNUAL REPORT.  (a)  Not later than February 1 of each year, the superintendent or manager of a mass transportation system shall file with the mayor of the municipality a detailed report of the operations for the year ending the preceding January 1, showing the total sums collected, the balance due, the total disbursements made, and amounts remaining unpaid as a result of the operation of the system during the year.
(b)  A superintendent or manager commits an offense if the superintendent or manager fails to file as required by Subsection (a).  An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $1,000.
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 454 - Municipal Mass Transportation Systems › Subchapter A. General Provisions › Section 454.010. Enforcement

Sec. 454.010.  ENFORCEMENT.  A taxpayer or holder of indebtedness of a mass transportation system residing within the municipality may enforce this chapter by appropriate civil action in a district court of the county in which the municipality is located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.021. Authority to Issue

Sec. 454.021.  AUTHORITY TO ISSUE.  (a)  A municipality may issue bonds and notes from time to time and in the amounts it considers necessary or appropriate for acquiring, constructing, improving, or extending a mass transportation system.
(b)  Bonds or notes issued under this chapter are fully negotiable and may be made redeemable before maturity, at the option of the issuing municipality, at the price and under the terms fixed by the issuing municipality in the ordinance authorizing the bonds or notes.
(c)  Bonds or notes issued under this chapter shall be sold for the price the governing body of the municipality determines to be in the best interest of the municipality.
(d)  Subject to the restrictions in this chapter, the governing body of a municipality may fix the form, conditions, and details of bonds and notes issued under this chapter.
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 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.022. Notice of Ordinance Authorizing Issuance

Sec. 454.022.  NOTICE OF ORDINANCE AUTHORIZING ISSUANCE.  Before adopting an ordinance authorizing the issuance of bonds or notes under this chapter, the governing body of a municipality shall give notice of the time when the ordinance is to be adopted.  The notice shall be published in a newspaper of general circulation in the municipality, in at least two issues, with the first publication occurring at least 14 days before the date on which the ordinance is to be adopted.
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 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.023. Petition for Election

Sec. 454.023.  PETITION FOR ELECTION.  (a)  The governing body of a municipality may issue bonds or notes under this chapter without an election unless a petition requesting an election on the question is filed with the municipal secretary before the scheduled time for adopting the ordinance authorizing the issuance of the bonds or notes.
(b)  A petition under this section must be signed by at least 10 percent of the registered voters of the municipality who have rendered their property for taxation.
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 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.024. Election

Sec. 454.024.  ELECTION.  (a)  If a petition meeting the requirements of Section 454.023 is filed:
(1)  the governing body of the municipality shall hold an election on the question as provided by Chapter 1251, Government Code;  and
(2)  the bonds or notes may not be issued unless a majority of the votes received at the election favor the question.
(b)  The governing body of a municipality may call an election for the issuance of bonds or notes under this chapter without a petition under Section 454.023.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.398, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.025. Encumbrance of Transportation System

Sec. 454.025.  ENCUMBRANCE OF TRANSPORTATION SYSTEM.  (a)  To secure the payment of bonds or notes issued under this chapter, a municipality may encumber:
(1)  all or any part of the mass transportation system;
(2)  the property of the system, including a bus or other vehicle, machinery, and equipment of any kind used in the operation of the system;
(3)  the revenue of the system;
(4)  the franchise of the system;  or
(5)  any other thing relating to the system that is acquired or is to be acquired.
(b)  A municipality may:
(1)  encumber separately any property, including a bus or other vehicle, machinery, or equipment of any kind;  or
(2)  acquire, hold, use, or contract for any property, including a bus or other vehicle, machinery, or equipment of any kind, under a lease arrangement, chattel mortgage, or conditional sale, including an equipment trust transaction.
(c)  This chapter does not prohibit a municipality from encumbering a transportation system for the purposes of purchasing, building, mortgaging, extending, or repairing, or reconstructing another system and purchasing necessary property in connection with the system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.026. Transportation System Franchise

Sec. 454.026.  TRANSPORTATION SYSTEM FRANCHISE.  In addition to encumbering the property of a mass transportation system under Section 454.025, a municipality, by the terms of an instrument evidencing that encumbrance, may grant to the purchaser under the power of sale in the instrument a franchise to operate the system and the system's property.  A franchise under this section may not exceed 25 years.
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 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.027. Operating Expenses as Lien on Revenue

Sec. 454.027.  OPERATING EXPENSES AS LIEN ON REVENUE.  If the revenue of a mass transportation system is encumbered under this chapter, the expenses of operation and maintenance, including all salaries, labor, materials, interest, repairs, and extensions necessary to render efficient service and each proper item of expense, are a first lien against the revenues.  The expense of an extension may be a lien prior to an existing lien only if:
(1)  the governing body of the municipality considers the extension necessary to keep the system in operation and render adequate service to the municipality and its inhabitants;  or
(2)  the extension is necessary to meet a condition that would otherwise impair the original securities.
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 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.028. Obligation of Transportation System Not Municipal Debt

Sec. 454.028.  OBLIGATION OF TRANSPORTATION SYSTEM NOT MUNICIPAL DEBT.  (a)  An obligation of a mass transportation system:
(1)  is not a debt of the municipality;
(2)  is solely a charge on the property, including the pledged revenue, of the encumbered system;  and
(3)  may not be included in determining the power of the municipality to issue any bonds or notes for any purpose authorized by law.
(b)  A municipality may make payments on bonds or notes issued under this chapter out of any other funds that lawfully may be used for that purpose.
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 454 - Municipal Mass Transportation Systems › Subchapter B. Revenue Bonds and Notes › Section 454.029. Additional Bonds or Notes

Sec. 454.029.  ADDITIONAL BONDS OR NOTES.  (a)  While bonds or notes that are payable from and secured by a pledge of the revenue of a mass transportation system are outstanding, the municipality that issued the bonds or notes may from time to time issue other bonds or notes for the purpose of:
(1)  extending, improving, or both extending and improving the system;  or
(2)  acquiring another mass transportation system.
(b)  Bonds or notes issued under Subsection (a) constitute a lien on the revenue, in the order of their issuance, inferior to the liens securing all issues and series of bonds or notes previously issued.
(c)  Notwithstanding Subsection (b), a municipality may:
(1)  adopt an ordinance or execute and issue a deed of trust, trust indenture, or similar instrument that provides for the subsequent issuance of additional bonds or notes on a parity with the previously issued bonds or notes;  and
(2)  authorize, issue, and sell additional bonds or notes, from time to time and in different series, payable from the revenue of the mass transportation system and the revenue of any additional sources, on a parity with the bonds or notes previously issued and secured by liens on the transportation system that are on a parity with the lien securing the previously issued bonds or notes, subject to the conditions of the ordinance or instrument described by Subdivision (1).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.