reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.067. Possession of Property for Toll Project

Sec. 203.067.  POSSESSION OF PROPERTY FOR TOLL PROJECT.  (a)  Immediately on the filing of a declaration of taking under Section 203.066, the department shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016(d), Property Code.  The department shall file evidence of the service with the clerk of the court.  On filing of that evidence, the department may take possession of the property pending the litigation.
(b)  If the condemned property is a homestead or a portion of a homestead as defined by Section 41.002, Property Code, the department may not take possession sooner than the 91st day after the date of service under Subsection (a).
(c)  A property owner or tenant who refuses to vacate the property or yield possession is subject to forcible entry and detainer under Chapter 24, Property Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 19, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.19, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.03, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.138 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.068. Right of Entry for Toll Project

Sec. 203.068.  RIGHT OF ENTRY FOR TOLL PROJECT.  (a)  The department and its authorized agents may enter any real property, water, or premises in this state to make a survey, sounding, drilling, or examination it determines necessary or appropriate for the purposes of the development of a toll project.
(b)  An entry under this section is not:
(1)  a trespass; or
(2)  an entry under a pending condemnation proceeding.
(c)  The department shall make reimbursement for any actual damages to real property, water, or premises that result from an activity described by Subsection (a).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 43, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.41, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.233 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter D. Acquisition of Property › Section 203.069. Covenants, Conditions, Restrictions, or Limitations

Sec. 203.069.  COVENANTS, CONDITIONS, RESTRICTIONS, OR LIMITATIONS.  Covenants, conditions, restrictions, or limitations affecting property acquired in any manner by the department are not binding against the department and do not impair the department's ability to use the property for a purpose authorized by this chapter.  The beneficiaries of the covenants, conditions, restrictions, or limitations are not entitled to enjoin the department from using the property for a purpose authorized under this chapter, but this section does not affect the right of a person to seek damages to the person's property under Section 17, Article I, Texas Constitution.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.13, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 21, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.21, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.142 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.13, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter E. Relocation of Utility Facilities › Section 203.091. Definition

Sec. 203.091.  DEFINITION.  In this subchapter, "utility" includes a publicly, privately, or cooperatively owned utility that provides telephone, telegraph, communications, electric, gas, heating, water, railroad, storm sewer, sanitary sewer, or pipeline service.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter E. Relocation of Utility Facilities › Section 203.0921. Department Relocation of Utility Facilities for Essential Highway Improvement

Sec. 203.0921.  DEPARTMENT RELOCATION OF UTILITY FACILITIES FOR ESSENTIAL HIGHWAY IMPROVEMENT.  (a)  At the discretion of the department, the department may cause a utility to relocate a utility facility, or make a relocation of a utility facility, not eligible for reimbursement under Section 203.092 at the expense of the state upon a finding of the commission that:
(1)  relocation of the utility facility is essential to the timely completion of a state highway improvement project;
(2)  continuous service to utility customers is essential to the public well-being or the local economy;
(3)  a short-term financial condition would prevent a utility from being able to pay the cost of relocation in full or in part at the time of relocation or, if paid at that time, would adversely affect the utility's ability to operate or provide essential services to its customers;  and
(4)  the affected utility has been contacted by the department and such utility and the department have reached an agreement that:
(A)  appropriate safeguards are in place to ensure that relocation work activities are conducted safely in full compliance with applicable law and utility construction standards;
(B)  relocation work can be coordinated between the department and the utility in a manner that will ensure that any disruption of utility service is minimized;
(C)  the contractor, and any subcontractors, selected for relocation work activities are qualified to perform such work activities;  and
(D)  there exists a factual basis for the commission findings required under Subdivision (3).
(b)  A utility whose facilities are relocated under Subsection (a) shall reimburse the department for any amount expended or advanced by the department for the relocation.  The utility shall enter into an agreement with the department providing for reimbursement.  The agreement shall:
(1)  require reimbursement of the amount expended plus interest to the department within five years from the date of completion of the work;
(2)  provide for reimbursement by a lump-sum payment or by installments;
(3)  require payment of interest at a rate of six percent per annum from the date of completion through the date of final payment;  and
(4)  contain other terms and conditions as may be mutually agreed upon by the department and the utility.
(c)  In the absence of an agreement required by Subsection (b), a utility shall reimburse the department the full cost of relocation within 30 days of the date of completion of the work.
(d)  All funds received by the department under this section shall be deposited in the state treasury to the credit of the state highway fund.
Added by Acts 1997, 75th Leg., ch. 876, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter E. Relocation of Utility Facilities › Section 203.093. Reimbursement From State Highway Fund

Sec. 203.093.  REIMBURSEMENT FROM STATE HIGHWAY FUND.  (a)  Reimbursement of the cost of relocation of the utility facility, as required by Section 203.092, may be made from the state highway fund to the utility owning the facility.
(b)  This section applies notwithstanding anything to the contrary contained in another law or in a permit, agreement, or franchise issued or entered into by a department, commission, or political subdivision of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 876, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter E. Relocation of Utility Facilities › Section 203.0935. Timely Agreement

Sec. 203.0935.  TIMELY AGREEMENT.  (a)  If the department determines that a facility of a utility must be relocated to accommodate an improvement to the state highway system, the utility and the department shall negotiate in good faith to establish reasonable terms and conditions concerning the responsibilities of the parties with regard to sharing of information about the highway improvement project and the planning and implementation of any necessary relocation of utility facilities.
(b)  The department shall use its best efforts to provide an affected utility with plans and drawings of the highway improvement project that are sufficient to enable the utility to develop plans for, and determine the cost of, the necessary relocation of the facility of the utility.  If the department and the affected utility enter into an agreement after negotiations under Subsection (a), the terms and conditions of the agreement shall govern the relocation of the utility's facility covered by the agreement.
(c)  If the department and an affected utility do not enter into an agreement under Subsection (a), the department shall provide to the affected utility:
(1)  written notice of the department's determination that the utility facility must be removed;
(2)  a final plan for relocation of the facility;  and
(3)  reasonable terms and conditions for an agreement with the utility for the relocation of the facility.
(d)  Not later than the 90th day after the date that a utility receives the notice from the department, including the plan and agreement terms and conditions under Subsection (c), the utility shall enter into an agreement with the department that provides for the relocation.
(e)  If the utility fails to enter into an agreement within the 90-day period under Subsection (d), the department may relocate the facility at the sole cost and expense of the utility less any reimbursement of costs that would have been payable to the utility under Section 203.092.  A relocation by the department under this subsection shall be conducted in full compliance with applicable law, using standard equipment and construction practices compatible with the utility's existing facilities, and in a manner that minimizes disruption of utility service.
(f)  The 90-day period under Subsection (d) may be extended:
(1)  by mutual agreement between the department and the utility;  or
(2)  for any period of time during which the utility is negotiating in good faith with the department to relocate its facility.
Added by Acts 2003, 78th Leg., ch. 845, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter E. Relocation of Utility Facilities › Section 203.094. Timely Relocation

Sec. 203.094.  TIMELY RELOCATION.  (a)  A utility that is eligible for reimbursement under Section 203.092 or that is eligible for reimbursement under applicable law and the policies of the department for the cost of relocating facilities required by improvement of a segment of the state highway system not subject to Section 203.092 shall accomplish the relocation of the facility in a timely manner as specified in its relocation agreement with the department.
(b)  The department may reduce the reimbursement to the utility by 10 percent for each 30-day period or portion of a 30-day period by which the relocation exceeds the limit specified in the relocation agreement.  If the department determines that a delay in relocation is the result of circumstances beyond the control of the utility, full reimbursement shall be paid.
(c)  The time limit specified in the relocation agreement may not be less than 90 days.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter E. Relocation of Utility Facilities › Section 203.0941. Utility Relocation Eligible for Financial Assistance From Water Development Board

Sec. 203.0941.  UTILITY RELOCATION ELIGIBLE FOR FINANCIAL ASSISTANCE FROM WATER DEVELOPMENT BOARD.  (a)  The relocation of a utility facility required by improvement of any segment of the state highway system, for which a political subdivision receives financial assistance made available from either Subchapter D, F, G, or K, Chapter 17, Water Code, is not subject to the requirements of Sections 17.183(1)-(6), Water Code, if the political subdivision has agreed to allow the department to contract for the construction of the utility facility relocation.
(b)  The department and the Texas Water Development Board may enter into a memorandum of understanding to facilitate administration of utility facility relocation that is required by state highway system improvement and that receives financial assistance from the Texas Water Development Board.
Added by Acts 1997, 75th Leg., ch. 876, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter E. Relocation of Utility Facilities › Section 203.095. Rules

Sec. 203.095.  RULES.  The department shall adopt rules to implement this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter F. Use of Certain Property › Section 203.111. Lease for Parking Purposes

Sec. 203.111.  LEASE FOR PARKING PURPOSES.  (a)  The commission may lease for parking purposes real property beneath an elevated section of a freeway located on real property for which the commission holds the title and property rights.
(b)  Revenue from a lease under this section shall be used for general governmental purposes.
(c)  In this section, "freeway" has the meaning assigned by Section 203.064.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 203 - Modernization of State Highways; Controlled Access Highways › Subchapter F. Use of Certain Property › Section 203.112. Prohibition or Restriction of Fireworks at Rest Area

Sec. 203.112.  PROHIBITION OR RESTRICTION OF FIREWORKS AT REST AREA.  (a)  In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by the department.
(b)  The commission by order shall prohibit or restrict the use of fireworks at a state highway rest area in the unincorporated area of a county if:
(1)  the commissioners court of the county petitions the commission to adopt the order; and
(2)  the county pays the department for the costs of designing, constructing, and erecting signs at the rest area giving notice of the order.
(c)  After an order is adopted under Subsection (b), the department shall erect signs at the rest area giving notice of the order.  If a sign is damaged or destroyed, the department shall replace the sign if the county:
(1)  submits to the department a written request for replacement; and
(2)  pays the department for the costs of constructing and replacing the sign.
(d)  A person who knowingly or intentionally violates a prohibition or restriction established by an order adopted under this section commits an offense.  An offense under this subsection is a Class C misdemeanor.
Added by Acts 2015, 84th Leg., R.S., Ch. 139 (S.B. 570), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.001. Information for Public; Maps

Sec. 204.001.  INFORMATION FOR PUBLIC;  MAPS.  (a)  To provide information relating to highway construction, repair, and maintenance and to advertise and attract traffic to the highways of this state, the department may prepare and publish for distribution, in the manner and form the department considers best, documents the department considers necessary and expedient to publicize and provide information concerning:
(1)  the highways of this state;
(2)  public parks, recreational areas, scenic areas, and other public places and objects of interest;
(3)  distances;
(4)  historical facts;  and
(5)  other matters of interest and value to the public and highway users.
(b)  The department periodically may prepare a map showing:
(1)  the highways of this state;  and
(2)  municipalities and other places of interest served by those highways.
(c)  The department may distribute the documents and maps in the manner and to the extent the department considers will best serve the motoring public and highway users.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.002. Charge for Materials

Sec. 204.002.  CHARGE FOR MATERIALS.  (a)  The department shall provide a single copy of a document or map distributed under Section 204.001 without charge.
(b)  The department by rule may:
(1)  require payment for large quantities of the material;  and
(2)  authorize distribution without charge of multiple copies of the material if the distribution will maximize the department's resources available to advertise the highways of this state and promote travel to and within this state.
(c)  Payment required under Subsection (b)(1) must be in an amount sufficient to recover the department's direct and indirect production costs.  Money received by the department under this section shall be deposited to the credit of the state highway fund and used by the department to produce travel material.  Section 403.095, Government Code, does not apply to money deposited under this subsection.
(d)  If this section conflicts with a license agreement entered into under Section 201.205, the license agreement prevails to the extent of that conflict.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.003. Travel Information Centers

Sec. 204.003.  TRAVEL INFORMATION CENTERS.  (a)  The department shall maintain and operate travel information centers to provide highway information, travel guidance, and descriptive material designed to assist the traveling public and stimulate travel to and within this state.
(b)  The department may:
(1)  enter into an agreement with:
(A)  another state agency for the operation of a travel information center; or
(B)  a local government, including a commission created under Chapter 391, Local Government Code, for the operation of a travel information center that is located within the boundaries of the local government; and
(2)  issue a request for proposals to private or nonprofit entities for the operation of a travel information center.
(c)  The department may sell commercial advertising space at a travel information center if the advertising is not visible from the main traveled way of the highway.  If the department sells commercial advertising space, the department shall set rates for the advertising and other services available at a travel information center at a level that generates receipts approximately sufficient to cover the cost of its travel and information operations.
(d)  The department may not engage in an activity authorized under Subsection (c) or another provision of this chapter that would decrease the amount of federal highway funding available to the department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1185 (S.B. 1017), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.004. Payment of Costs

Sec. 204.004.  PAYMENT OF COSTS.  The department may pay from highway revenues the cost, including the administration and operation cost, of:
(1)  developing, publishing, and distributing material;  and
(2)  maintaining and operating travel information centers.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.005. Purchase of Broadcasting and Periodical Advertising

Sec. 204.005.  PURCHASE OF BROADCASTING AND PERIODICAL ADVERTISING.  The department may purchase advertising space in a periodical of national circulation and time on a broadcasting facility from money appropriated from the general revenue fund and administered by the department for that specific purpose.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.006. Contracts for Advertising, Movies, and Photographs

Sec. 204.006.  CONTRACTS FOR ADVERTISING, MOVIES, AND PHOTOGRAPHS.  (a)   The department may enter into a contract with:
(1)  a recognized and financially responsible advertising agency that has at least five years' experience handling similar accounts for the contracting of space in newspapers and periodicals for the publication of advertising information, historical facts, statistics, and pictures that will be useful and informative to persons outside this state;  and
(2)  motion picture producers and other persons for making movies or taking photographs in this state and for the showing of those movies and photographs.
(b)  The department may join with another agency of this state in publishing informational publicity material under this section.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.007. Private Contributions

Sec. 204.007.  PRIVATE CONTRIBUTIONS.  (a)  The department may accept a contribution from a private source for a purpose under Sections 204.001-204.006.
(b)  The department may deposit the contribution in one or more banks and use the contribution at its discretion according to the contributor's wishes.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.008. Production, Marketing, and Distribution Contracts

Sec. 204.008.  PRODUCTION, MARKETING, AND DISTRIBUTION CONTRACTS.  (a)  The department may contract with a private entity to produce, market, and distribute material published under Sections 204.001-204.006 on the terms, including terms providing cost savings, the department considers beneficial to this state.
(b)  A contract may:
(1)  include cooperative strategies the department considers to provide cost benefits;  and
(2)  provide for acceptance of paid advertising in the material if the quality and quantity of the material are maintained.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.009. Sale of Promotional Items, Advertising, and Acknowledgments

Sec. 204.009.  SALE OF PROMOTIONAL ITEMS, ADVERTISING, AND ACKNOWLEDGMENTS.  (a)  The department may sell promotional items such as calendars, books, prints, caps, light clothing, or other items approved by the commission that advertise the resources of this state.
(a-1)  The department may enter into an agreement for the acknowledgment of donations if the acknowledgment does not contain comparative or qualitative descriptions of the donor's products, services, facilities, or companies.
(b)  All proceeds from the sale of the items and advertising under this chapter and all donations acknowledged under this section shall be deposited to the credit of a separate account in the state highway fund.  Money in the account is dedicated for the department's use in its travel and information operations.
(c)  Section 403.095, Government Code, does not apply to money deposited under this section.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1185 (S.B. 1017), Sec. 2, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1185 (S.B. 1017), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.010. Travel Magazine

Sec. 204.010.  TRAVEL MAGAZINE.  (a)  The department shall publish the official travel magazine of this state, "Texas Highways."
(b)  The department shall set subscription rates and other charges for the magazine at a level that generates receipts approximately sufficient to cover the cost of producing and distributing the magazine.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle A - Texas Department of Transportation › Chapter 204 - Travel Information › Section 204.011. Subscriber or Purchaser Information

Sec. 204.011.  SUBSCRIBER OR PURCHASER INFORMATION.  (a)  The department may not disclose to any person the name, address, telephone number, social security account number, driver's license number, bank account number, credit or debit card number, or charge account number of a person who:
(1)  is or has been a subscriber to "Texas Highways"; or
(2)  has purchased from the department a promotional item described by Section 204.009.
(b)  Chapter 552, Government Code, does not apply to subscriber or purchaser information described by Subsection (a).
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 935 (S.B. 15), Sec. 15(2), eff. June 18, 2021.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 935 (S.B. 15), Sec. 15(2), eff. June 18, 2021.
(e)  The department is immune from civil or criminal liability if the department unintentionally violates this section or a rule adopted under this section.
(f)  In this section, a reference to the department includes an officer, employee, or agent of the department.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 16.001(a), eff. Sept. 1, 2003.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 935 (S.B. 15), Sec. 3, eff. June 18, 2021.
Acts 2021, 87th Leg., R.S., Ch. 935 (S.B. 15), Sec. 15(2), eff. June 18, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 221 - General Provisions › Section 221.001. Definitions

Sec. 221.001.  DEFINITIONS.  In this subtitle:
(1)  "Highway" includes a tolled or nontolled public road or part of a tolled or nontolled public road and a bridge, culvert, building, or other necessary structure related to a public road.
(2)  "Improvement" includes construction, reconstruction, maintenance, and the making of a necessary plan or survey before beginning construction, reconstruction, or maintenance.
(3)  "State highway system" means the highways in this state included in the plan providing for a system of state highways prepared by the director under Section 201.103.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.15, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 221 - General Provisions › Section 221.002. Agreements With Municipalities

Sec. 221.002.  AGREEMENTS WITH MUNICIPALITIES.  The commission and the governing body of a municipality, including a home-rule municipality, may agree to:
(1)  provide for the location, relocation, improvement, control, supervision, and regulation of a designated state highway in the municipality;  and
(2)  establish the respective liabilities and responsibilities of the commission and the municipality under the agreement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 221 - General Provisions › Section 221.003. Improvement of State Highway System

Sec. 221.003.  IMPROVEMENT OF STATE HIGHWAY SYSTEM.  (a)  Improvement of the state highway system with federal aid shall be made under the exclusive and direct control of the department and with appropriations made by the legislature out of the state highway fund.
(b)  The department may improve the state highway system without federal aid either with or without county aid.  Improvements made without federal aid must comply with Section 223.045.
(c)  The department shall make or prepare any survey, plan, specifications, or estimate for an improvement of the state highway system if any part of the improvement will be made with federal aid.
(d)  The commissioners court of a county may not directly control the making of an improvement of the state highway system unless the plan and specifications for the improvement have been approved by the director.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter A. General Provisions › Section 222.001. Use of State Highway Fund

Sec. 222.001.  USE OF STATE HIGHWAY FUND.
(a)  Money that is required to be used for public roadways by the Texas Constitution or federal law and that is deposited in the state treasury to the credit of the state highway fund, including money deposited to the credit of the state highway fund under Title 23, United States Code, may be used only:
(1)  to improve the state highway system; or
(2)  to mitigate adverse environmental effects that result directly from construction or maintenance of a state highway by the department.
(b)  Notwithstanding Section 222.103, the department may not pledge or otherwise encumber money deposited in the state highway fund to:
(1)  guarantee a loan obtained by a public or private entity for costs associated with a toll facility of the public or private entity; or
(2)  insure bonds issued by a public or private entity for costs associated with a toll facility of the public or private entity.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 771 (S.B. 883), Sec. 1, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 314 (H.B. 20), Sec. 5, eff. June 3, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter A. General Provisions › Section 222.002. Use of State Highway Fund for Department Functions

Sec. 222.002.  USE OF STATE HIGHWAY FUND FOR DEPARTMENT FUNCTIONS.  Money in the state highway fund that is not required to be spent for public roadways by the Texas Constitution or federal law may be used for any function performed by the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter A. General Provisions › Section 222.005. Authorization to Provide Assistance to Expedite Environmental Review

Sec. 222.005.  AUTHORIZATION TO PROVIDE ASSISTANCE TO EXPEDITE ENVIRONMENTAL REVIEW.  (a)  The department, a county, a regional tollway authority operating under Chapter 366, or a regional mobility authority operating under Chapter 370 may enter into an agreement to provide funds to a state or federal agency to expedite the agency's performance of its duties related to the environmental review process for the applicable entity's transportation projects, including those listed in the applicable metropolitan planning organization's long-range transportation plan under 23 U.S.C. Section 134.
(b)  Except as provided by Subsection (c), an agreement entered into under this section:
(1)  may specify transportation projects the applicable entity considers to be priorities for review; and
(2)  must require the agency receiving money to complete the environmental review in less time than is customary for the completion of environmental review by that agency.
(c)  The department may enter into a separate agreement for a transportation project that the department determines has regional importance.
(d)  An agreement entered into under this section does not diminish or modify the rights of the public regarding review and comment on transportation projects.
(e)  An entity entering into an agreement under this section shall make the agreement available on the entity's Internet website.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 3, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 3, eff. June 17, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter A. General Provisions › Section 222.006. Environmental Review Certification Process

Sec. 222.006.  ENVIRONMENTAL REVIEW CERTIFICATION PROCESS.  The department by rule shall establish a process to certify department district environmental specialists to work on all documents related to state and federal environmental review processes.  The certification process must:
(1)  be available to department employees; and
(2)  require continuing education for recertification.
Added by Acts 2011, 82nd Leg., R.S., Ch. 943 (H.B. 630), Sec. 3, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1060 (S.B. 548), Sec. 3, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 27, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter A. General Provisions › Section 222.007. Allocation of Money From Transportation Project Delays

Sec. 222.007.  ALLOCATION OF MONEY FROM TRANSPORTATION PROJECT DELAYS.  (a)  The department shall establish a system to track liquidated damages, including road user costs, retained by the department associated with delayed transportation project contracts.
(b)  The system must allow the department to correlate the liquidated damages with:
(1)  the project that was the subject of the damages; and
(2)  each department district in which the project that was the subject of the damages is located.
(c)  Each year, the department shall:
(1)  for each department district, determine the amount of money described by Subsection (a) retained in the previous year that is attributable to projects located in the district; and
(2)  in addition to other amounts, allocate to each department district an amount of money equal to the amount determined for the district under Subdivision (1) to be used for transportation projects located in that district.
(d)  If a transportation project that was the subject of liquidated damages is located in more than one department district, the department may reasonably allocate the amount of the liquidated damages from that project among the districts in which the project is located.
Added by Acts 2019, 86th Leg., R.S., Ch. 419 (S.B. 282), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter B. Federal Aid › Section 222.031. Use of Federal Aid for Road Construction

Sec. 222.031.  USE OF FEDERAL AID FOR ROAD CONSTRUCTION.  Money appropriated by the United States for public road construction in this state may be spent only by and under the supervision of the department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 30.12, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter B. Federal Aid › Section 222.032. Use of Federal Aid for Toll Bridge Construction

Sec. 222.032.  USE OF FEDERAL AID FOR TOLL BRIDGE CONSTRUCTION.  (a)  The department may:
(1)  cooperate with the United States Secretary of Transportation in the construction of a toll bridge under 23 U.S.C. Section 129;
(2)  spend state highway funds for the purpose described in Subdivision (1);
(3)  impose tolls in accordance with 23 U.S.C. Section 129;  and
(4)  take other necessary or proper action to give effect to the purpose and intent of this section.
(b)  The department shall impose tolls in accordance with this section with the goal that the tolls be eliminated, as contemplated or required by 23 U.S.C. Section 129.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter B. Federal Aid › Section 222.033. Interstate Toll Bridges

Sec. 222.033.  INTERSTATE TOLL BRIDGES.  (a)  Section 222.032 applies to a bridge over a stream forming the boundary of this state and an adjoining state.
(b)  If the bridge is constructed jointly by this state and the adjoining state, the commission may cooperate with the appropriate authorities of the adjoining state in imposing tolls in accordance with this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter B. Federal Aid › Section 222.034. Distribution of Federal Funds

Sec. 222.034.  DISTRIBUTION OF FEDERAL FUNDS.  (a)  Federal aid for transportation purposes that is administered by the commission shall be distributed to the various parts of the state for a funding cycle through the selection of highway projects in the state in a manner that is consistent with federal formulas that determine the amount of federal aid for transportation purposes received by the state.  A distribution under this subsection does not include deductions made for the state infrastructure bank or other federal funds reallocated by the federal government.
(b)  The commission may vary from the distribution procedure provided by Subsection (a) if it issues a ruling or minute order identifying the variance and providing a particular justification for the variance.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.17, eff. Sept. 1, 1997.
See Subsec. (b) for effective date information.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter B. Federal Aid › Section 222.035. Private Activity Bonds

Sec. 222.035.  PRIVATE ACTIVITY BONDS.  (a)  In this section, "private activity bond" has the meaning assigned by Section 141(a), Internal Revenue Code of 1986.
(b)  If the attorney general makes a determination that the United States Congress has enacted legislation amending the Internal Revenue Code of 1986 to include highway facilities or surface freight transfer facilities among the types of facilities for which private activity bonds may be used:
(1)  the determination shall be published in the Texas Register; and
(2)  Subsections (d), (e), (f), and (g) take effect on the 30th day after the date on which the attorney general's determination is published in the Texas Register.
(c)  The attorney general shall monitor federal legislation for purposes of this section.
(d)  The department shall establish and administer a program for private activity bonds issued for highway facilities or surface freight transfer facilities in this state.
(e)  The program, at a minimum, must include a process by which the department and the Bond Review Board receive and evaluate applications for issuance of private activity bonds for highway facilities or surface freight transfer facilities.
(f)  The department shall adopt rules to administer the program established under this section.
(g)  To the extent that private activity bonds for highway facilities or surface freight transfer facilities are subject to the state ceiling under Section 146, Internal Revenue Code of 1986, the issuance of bonds for those facilities is governed by Chapter 1372, Government Code.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.16, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter C. Funding From Other Political Subdivisions › Section 222.051. Local Financing and Reimbursement

Sec. 222.051.  LOCAL FINANCING AND REIMBURSEMENT.  (a)  A governmental unit that has the authority to build roads may finance the construction of an approved project for the state highway system.
(b)  If funds become available, the department may contract to reimburse the governmental unit that provided financing for the project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter C. Funding From Other Political Subdivisions › Section 222.052. Local Contributions

Sec. 222.052.  LOCAL CONTRIBUTIONS.  (a)  The governing body of a political subdivision of this state may contribute funds to be spent by the commission in the development and construction of the public roads and state highway system within the political subdivision.
(b)  The commission may accept a contribution made under Subsection (a).
(c)  In this section, "political subdivision" includes a county or a political subdivision of a county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter D. State Infrastructure Bank › Section 222.071. Definitions

Sec. 222.071.  DEFINITIONS.  In this subchapter:
(1)  "Bank" means the state infrastructure bank account.
(2)  "Construction" has the meaning assigned by 23 U.S.C. Section 101.
(3)  "Federal act" means Section 350 of the National Highway System Designation Act of 1995 (Pub.  L. No. 104-59).
(4)  "Federal-aid highway" has the meaning assigned by 23 U.S.C. Section 101.
(5)  "Qualified project" includes:
(A)  the construction of a federal-aid highway;
(B)  a transit project under 49 U.S.C. Sections 5307, 5309, and 5311;  or
(C)  for the expenditure of secondary funds, a project eligible for assistance under Title 23 or Title 49, United States Code.
(6)  "Secondary funds" includes:
(A)  the repayment of a loan or other assistance that is provided with money deposited to the credit of the bank;  and
(B)  investment income generated by secondary funds deposited to the credit of the bank.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.21, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter D. State Infrastructure Bank › Section 222.072. State Infrastructure Bank

Sec. 222.072.  STATE INFRASTRUCTURE BANK.  (a)  The state infrastructure bank is an account in the state highway fund.  The bank is administered by the commission.
(b)  Federal funds received by the state under the federal act, matching state funds in an amount required by that act, proceeds from bonds issued under Section 222.075, secondary funds, other state funds deposited into the bank by order of the commission, and other money received by the state that is eligible for deposit in the bank may be deposited into the bank and used only for the purposes described in this subchapter.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.21, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1267 (H.B. 2134), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter D. State Infrastructure Bank › Section 222.073. Purposes of Infrastructure Bank

Sec. 222.073.  PURPOSES OF INFRASTRUCTURE BANK.  Notwithstanding Section 222.001, the commission shall use money deposited in the bank to:
(1)  encourage public and private investment in transportation facilities both within and outside of the state highway system, including facilities that contribute to the multimodal and intermodal transportation capabilities of the state; and
(2)  develop financing techniques designed to:
(A)  expand the availability of funding for transportation projects and to reduce direct state costs;
(B)  maximize private and local participation in financing projects; and
(C)  improve the efficiency of the state transportation system.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.21, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1267 (H.B. 2134), Sec. 2, eff. June 18, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 222 - Funding and Federal Aid › Subchapter D. State Infrastructure Bank › Section 222.074. Form of Assistance

Sec. 222.074.  FORM OF ASSISTANCE.  (a)  To further a purpose described by Section 222.073, the commission may use money deposited to the credit of the bank to provide financial assistance to a public or private entity for a qualified project to:
(1)  extend credit by direct loan;
(2)  provide credit enhancements;
(3)  serve as a capital reserve for bond or debt instrument financing;
(4)  subsidize interest rates;
(5)  insure the issuance of a letter of credit or credit instrument;
(6)  finance a purchase or lease agreement in connection with a transit project;
(7)  provide security for bonds and other debt instruments;  or
(8)  provide methods of leveraging money that have been approved by the United States secretary of transportation and relate to the project for which the assistance is provided.
(b)  Financial assistance to a private entity under Subsection (a) shall be limited to a qualified project that:
(1)  provides transportation services or facilities that provide a demonstrated public benefit;  or
(2)  is constructed or operated in cooperation with a state agency or political subdivision in accordance with an agreement between that agency or political subdivision and the private entity.
(c)  Financial assistance to a public or private entity under Subsection (a) shall be limited, as applicable, to a qualified project that is consistent with the transportation plan developed by the metropolitan planning organization.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.21, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1267 (H.B. 2134), Sec. 3, eff. June 18, 2005.