reglab/statecodes huggingface dataset:
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 454.030. Refunding Bonds or Notes

Sec. 454.030.  REFUNDING BONDS OR NOTES.  (a)  A municipality may issue refunding bonds or notes to refund one or more series or issues of bonds or notes.
(b)  Refunding bonds or notes have the same priority of lien on the revenue pledged to their payment that the bonds or notes being refunded have, except that if all the outstanding bonds or notes of two or more series or issues of bonds or notes are refunded in a single issue of refunding bonds or notes, the lien of all refunding bonds or notes is equal.  A refunding bond or note may not have a priority of lien greater than the highest priority of lien of the bonds or notes being refunded.
(c)  Refunding bonds or notes must bear interest at the same or lower rate than that borne by the bonds or notes being refunded unless it is shown mathematically that:
(1)  a saving will result in the total amount of interest to be paid;  and
(2)  the annual principal and interest burden will not be increased so as to impair the rights of the holders of any bonds or notes, if any, having a prior or inferior lien.
(d)  Bonds or notes may be refunded by issuing refunding bonds or notes to be:
(1)  exchanged for the bonds or notes being refunded or cancelled;  or
(2)  sold, with the proceeds of the sale being used to redeem and cancel the bonds or notes being refunded.
(e)  A municipality may provide in a refunding bond or note issue money necessary for paying:
(1)  any call premium;  and
(2)  interest to the date set for calling for redemption the outstanding 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 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter A. General Powers and Duties › Section 455.001. Department Duties Regarding Mass Transportation

Sec. 455.001.  DEPARTMENT DUTIES REGARDING MASS TRANSPORTATION.  The Texas Department of Transportation shall:
(1)  encourage, foster, and assist in developing intracity and intercity public and mass transportation;
(2)  encourage the establishment of rapid transit and other transportation media;
(3)  assist any political subdivision of this state to obtain federal aid to establish or maintain a public or mass transportation system;
(4)  develop and maintain a comprehensive master plan for public and mass transportation development;  and
(5)  conduct hearings and make investigations to determine the location, type of construction, and cost to the state or its political subdivisions of a public mass transportation system owned, operated, or wholly or partly directly financed by the 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 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter A. General Powers and Duties › Section 455.002. Department Powers Regarding Mass Transportation

Sec. 455.002.  DEPARTMENT POWERS REGARDING MASS TRANSPORTATION.  The Texas Department of Transportation may:
(1)  purchase, construct, lease, and contract for public transportation systems;
(2)  use the expertise of recognized private authorities or consultants to plan and design public and mass transportation systems;
(3)  represent this state in each public and mass transportation matter before a state or federal agency;
(4)  subject to Section 455.052, apply for and receive a gift or grant from a governmental or private source for use in performing the department's functions under this chapter;
(5)  contract as necessary to perform a function under this chapter; and
(6)  recommend legislation necessary to advance this state's interest in public and mass transportation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 3, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter A. General Powers and Duties › Section 455.003. Restriction on Use of Eminent Domain

Sec. 455.003.  RESTRICTION ON USE OF EMINENT DOMAIN.  The Texas Department of Transportation may not use eminent domain for a purpose under this chapter in a way that:
(1)  unduly interferes with interstate commerce;  or
(2)  establishes a right to operate a vehicle on a railroad track used to transport property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter A. General Powers and Duties › Section 455.004. Public Transportation Advisory Committee

Sec. 455.004.  PUBLIC TRANSPORTATION ADVISORY COMMITTEE.  (a)  A public transportation advisory committee consisting of nine members shall:
(1)  advise the commission on the needs and problems of the state's public transportation providers, including the methods for allocating state public transportation money;
(2)  comment on rules involving public transportation during development of the rules and before the commission finally adopts the rules unless an emergency requires immediate commission action;
(3)  advise the commission on the implementation of Chapter 461;
(4)  perform any other duty determined by the commission; and
(5)  reflect the diversity of the state.
(b)  The members of the committee shall be appointed by the governor, the lieutenant governor, and the speaker of the house of representatives, who shall each appoint:
(1)  one member who represents a diverse cross-section of public transportation providers;
(2)  one member who represents a diverse cross-section of transportation users; and
(3)  one member who represents the general public.
(c)  A member serves at the pleasure of the officer who appointed the member.  A member is not entitled to compensation for service on the committee but is entitled to reimbursement for reasonable expenses the member incurs in performing committee duties.
(d)  The public transportation advisory committee shall meet as requested by the commission.
(e)  The commission may adopt rules to govern the operation of the advisory committee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 13.03, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 4.01, eff. June 14, 2005.
Acts 2009, 81st Leg., R.S., Ch. 117 (H.B. 2219), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.051. Definition

Sec. 455.051.  DEFINITION.  In this subchapter, "rail fixed guideway public transportation system" has the meaning assigned by 49 C.F.R. Section 674.7.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.052. Designation of State Safety Oversight Agency; Requirements and Prohibitions

Sec. 455.052.  DESIGNATION OF STATE SAFETY OVERSIGHT AGENCY; REQUIREMENTS AND PROHIBITIONS.  (a)  The department is designated as the agency responsible for implementing a state safety oversight program that satisfies the requirements of 49 U.S.C. Section 5329(e).
(b)  Unless waived under 49 U.S.C. Section 5329(e), the department:
(1)  shall be financially and legally independent from any rail fixed guideway public transportation system under the oversight of the department; and
(2)  may not employ an individual who is also employed by a rail fixed guideway public transportation system under the oversight of the department.
(c)  The department may not directly provide public transportation services in an area with a rail fixed guideway public transportation system under the oversight of the department.
(d)  A public transportation entity may not provide funds to the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.053. Oversight

Sec. 455.053.  OVERSIGHT.  The department shall oversee all safety aspects of rail fixed guideway public transportation systems in accordance with 49 U.S.C. Section 5329, including the development, implementation, and application of the public transportation agency safety plan.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.054. Enforcement

Sec. 455.054.  ENFORCEMENT.  The department shall:
(1)  enforce federal and state laws on rail fixed guideway public transportation safety;
(2)  review, revise, approve, oversee, and enforce the public transportation agency safety plan required under 49 U.S.C. Section 5329(d), including the implementation by a rail fixed guideway public transportation system of the system's plan;
(3)  investigate and enforce the safety of rail fixed guideway public transportation systems; and
(4)  coordinate all enforcement responsibilities with other governmental entities as needed.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.055. Staffing Levels; Training

Sec. 455.055.  STAFFING LEVELS; TRAINING.  (a)  The department, in consultation with the Federal Transit Administration, shall determine an appropriate staffing level for the state safety oversight program that is commensurate with the number, size, and complexity of rail fixed guideway public transportation systems in this state.
(b)  The department shall ensure that the personnel who are responsible for rail fixed guideway public transportation safety oversight are qualified to perform oversight functions through appropriate training, including the successful completion of the public transportation safety certification training program established under 49 U.S.C. Section 5329(c).
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.056. Audit of Compliance With Public Transportation Agency Safety Plan

Sec. 455.056.  AUDIT OF COMPLIANCE WITH PUBLIC TRANSPORTATION AGENCY SAFETY PLAN.  At least once every three years, the department shall audit the compliance of the rail fixed guideway public transportation systems in this state with the public transportation agency safety plan required by 49 U.S.C. Section 5329(d).
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.057. Annual Status Report

Sec. 455.057.  ANNUAL STATUS REPORT.  The department shall provide an annual status report on the safety of the state's rail fixed guideway public transportation systems to the governor, the lieutenant governor, the speaker of the house of representatives, the Federal Transit Administration, and the governing body of each rail fixed guideway public transportation system under the oversight of the department.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.058. Use of Contractor

Sec. 455.058.  USE OF CONTRACTOR.  (a)  The department may enter into an agreement with a contractor to act on behalf of the department in carrying out the duties of the department under this subchapter.
(b)  A contractor may not provide services to both the department and a rail fixed guideway public transportation system under the oversight of the department unless the provision of those services is authorized by a waiver issued by the Federal Transit Administrator or the administrator's designee.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.059. Confidential Information

Sec. 455.059.  CONFIDENTIAL INFORMATION.  The data collected for and the report of an investigation conducted under this subchapter by the department or a contractor acting on behalf of the department and any part of a rail fixed guideway public transportation system safety plan that concerns security for the system are confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 455 - Powers and Duties of Department of Transportation Regarding Mass Transportation › Subchapter B. State Safety Oversight Program › Section 455.060. Rules

Sec. 455.060.  RULES.  The commission shall adopt rules necessary to implement this subchapter.
Added by Acts 2017, 85th Leg., R.S., Ch. 434 (S.B. 1523), Sec. 4, eff. June 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter A. General Provisions › Section 456.002. Administration and Purpose

Sec. 456.002.  ADMINISTRATION AND PURPOSE.  (a)  The commission shall administer the formula and discretionary programs provided by this chapter.
(b)  Each public transportation program provided by this chapter, except the passenger rail service assistance program under Subchapter D, is a grant program for public transportation projects.  Approval by the United States of a proposed public transportation project means that the project is consistent with the purposes of this chapter and with the continuing, cooperative, and comprehensive regional transportation planning implemented in accordance with the Federal Transit Act and the Federal-Aid Highway Act.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 110, Sec. 1, eff. May 16, 1997;  Acts 1997, 75th Leg., ch. 165, Sec. 30.34(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter A. General Provisions › Section 456.003. Participation Ineligibility

Sec. 456.003.  PARTICIPATION INELIGIBILITY.  A transit authority is ineligible to participate in the formula or discretionary program provided by this chapter unless the authority was created under Chapter 453 or former Article 1118z, Revised Statutes, by a municipality having a population of less than 200,000.
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 456 - State Financing of Public Transportation › Subchapter A. General Provisions › Section 456.004. General Financing Application Requirements

Sec. 456.004.  GENERAL FINANCING APPLICATION REQUIREMENTS.  An application for project financing under this chapter must be certified and contain a statement by the applicant that the proposed public transportation project is consistent with the continuing, cooperative, and comprehensive regional transportation planning implemented in accordance with the Federal Transit Act  and the Federal-Aid Highway Act.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.34(c), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter A. General Provisions › Section 456.005. Evaluation of Project

Sec. 456.005.  EVALUATION OF PROJECT.  In evaluating a project under the formula or discretionary program, the commission shall consider the need for fast, safe, efficient, and economical public transportation and the approval of the Federal Transit Administration, or its successor.
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 456 - State Financing of Public Transportation › Subchapter A. General Provisions › Section 456.006. Use of Financing

Sec. 456.006.  USE OF FINANCING.  (a)  A designated recipient that is a rural or urban transit district or municipal transit department may use money from the formula or discretionary program and any local funds for any transit-related activity.
(b)  A designated recipient not included in a transit authority but located in an urbanized area that includes one or more transit authorities and that received state transit funding during the biennium ending August 31, 1997, may receive money from the formula or discretionary program in an amount that does not exceed the amount of funds expended during that biennium to provide:
(1)  65 percent of the local share requirement for a federally financed capital improvement project;
(2)  50 percent of the local share requirement for a federally financed project for operating expenses;
(3)  65 percent of the local share requirement for federally financed planning activities;  and
(4)  50 percent of the total cost of a public transportation capital improvement project, if the designated recipient certifies that money from the United States is unavailable for the project and the commission determines that the project is vitally important to the development of public transportation in this state.
(c)  In this section, "rural transit district" and "urban transit district" have the meanings assigned by Section 1, Chapter 645, Acts of the 74th Legislature, Regular Session, 1995 (Article 6663c-1, Vernon's Texas Civil Statutes).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.34(d), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 588, Sec. 2, eff. June 2, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter A. General Provisions › Section 456.007. Public Transportation Account Fund; Appropriations and Grants

Sec. 456.007.  PUBLIC TRANSPORTATION ACCOUNT FUND;  APPROPRIATIONS AND GRANTS.  (a)  The public transportation account fund is an account in the general revenue fund.  A grant of money to the state for public transportation purposes from a public or private source shall be deposited to the credit of the public transportation account fund.  Money in the public transportation account fund may be used only by the department to carry out the responsibilities of the commission and the department for public transportation under this chapter.
(b)  The legislature may appropriate money for public transportation purposes from the portion of the state highway fund that is not dedicated by the constitution.
(c)  A federal grant of transit money to the state for public transportation purposes shall be deposited in the treasury to the credit of the state highway fund.  Federal transit grants for public transportation purposes may be used only by the department to carry out the responsibilities of the commission and the department for public transportation under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.34(e), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 588, Sec. 3, eff. June 2, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter A. General Provisions › Section 456.008. Commission Report on Public Transportation Providers

Sec. 456.008.  COMMISSION REPORT ON PUBLIC TRANSPORTATION PROVIDERS.  (a)  Not later than January 1 of each year, the commission by rule shall prepare and issue to the legislature a report on public transportation providers in this state that received state or federal funding during the previous 12-month period.  A report under this section must:
(1)  detail the performance of the transportation providers during the preceding state fiscal year; and
(2)  include, as to each transportation provider, monthly data on industry utilized standards that best reflect ridership, mileage, revenue by source, and service effectiveness.
(b)  The commission shall establish a performance-based reporting system for all public transportation providers.  The commission may establish different performance measures for different sectors of the transit industry.  The performance measures shall assess the efficiency, effectiveness, and safety of the public transportation providers.
(c)  The commission shall submit copies of each report issued under this section to the budget and planning division of the governor's office and the Legislative Budget Board not later than November 1 of the year following the period covered in the report.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 873, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 93, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter B. Formula Program › Section 456.021. Biennial Allocation

Sec. 456.021.  BIENNIAL ALLOCATION.  (a)  The commission shall allocate to large urbanized, small urbanized, and nonurbanized areas under the formula program provided by this subchapter the amount appropriated from all sources to the commission each state fiscal biennium for public transportation, other than money from the United States and amounts specifically appropriated for coordination, technical support, or other administrative costs.
(b)  The commission shall make the allocation at the beginning of each state fiscal biennium.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 36 (H.B. 1140), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter B. Formula Program › Section 456.022. Formula Allocation

Sec. 456.022.  FORMULA ALLOCATION.  The commission shall adopt rules establishing a formula allocating funds among individual eligible public transportation providers.  The formula may take into account a transportation provider's performance, the number of its riders, the need of residents in its service area for public transportation, population, population density, land area, and other factors established by the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.34(f), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 588, Sec. 4, eff. June 2, 1997;  Acts 2003, 78th Leg., ch. 312, Sec. 79(a), eff. Sept. 1, 2004.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter B. Formula Program › Section 456.023. Application; Use of Money Not Applied For

Sec. 456.023.  APPLICATION;  USE OF MONEY NOT APPLIED FOR.  (a)  A designated recipient may submit an application to the commission for financing of a project under the formula program.
(b)  The commission shall administer under the discretionary program provided by Subchapter C  any money that a designated recipient under the formula program has not applied for before the November commission meeting in the second year of a biennium.
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 456 - State Financing of Public Transportation › Subchapter B. Formula Program › Section 456.026. Reporting by Designated Recipients

Sec. 456.026.  REPORTING BY DESIGNATED RECIPIENTS.  The commission by rule shall establish a performance-based reporting system for all designated recipients eligible for financing under the formula 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 456 - State Financing of Public Transportation › Subchapter C. Discretionary Program › Section 456.041. Project Financing Application by Designated Recipient

Sec. 456.041.  PROJECT FINANCING APPLICATION BY DESIGNATED RECIPIENT.  (a)  To participate in the discretionary program provided by this subchapter, a designated recipient must submit to the commission an application for project financing.  The application must contain:
(1)  a description of the project, including an estimate of the population that the project would benefit and the anticipated completion date of the project;
(2)  a statement of the estimated cost of the project, including an estimate of the portion of the cost of the project financed by the United States;  and
(3)  the certification required by Section 456.006(b)(4).
(b)  After the commission receives an application under this section, the commission shall approve or deny the application and notify the applicant in writing of its decision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.34(g), eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 588, Sec. 6, eff. June 2, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter C. Discretionary Program › Section 456.042. Ride-Sharing Activities

Sec. 456.042.  RIDE-SHARING ACTIVITIES.  (a)  A designated recipient or a local government that has the power to operate a public transportation system, directly or by contract, in an urbanized or rural area may apply to the commission and receive money from the discretionary program for a capital expenditure to operate a ride-sharing activity.
(b)  The commission shall provide 80 percent of the cost of capital expenditures for a ride-sharing activity of a project it approves under this section.
(c)  An applicant for financing of a ride-sharing activity must certify that:
(1)  money is available to provide 20 percent of the cost of the capital expenditure;
(2)  the equipment the applicant provides for the ride-sharing activity will be used primarily for commuting purposes;
(3)  the ride-sharing activity will be operated without state operating subsidies and under procedures required by Subsection (d);  and
(4)  any financing available from the United States Department of Transportation to supplement state and locally financed capital expenditures for ride-sharing activities will be applied for and used for the replacement of van pool equipment in the manner required by Subsections (e) and (f).
(d)  A recipient of money under this section must establish procedures to purchase van pool equipment that are satisfactory to the state and ensure that the equipment is operated for commuter purposes as a nonprofit activity in the manner required by Subsection (e).
(e)  A recipient of money under this section must deposit all revenue in excess of operating expenses that is derived from the use of state-financed van pool equipment in a contingency reserve account designated for use in the replacement of state-financed van pool equipment at the end of the useful life of the equipment.
(f)  The state financial interest in the purchase of replacement van pool equipment is based:
(1)  on the ratio that money from the contingency reserve account that is used in the purchase of replacement equipment bears to the total price of the equipment;  and
(2)  on the ratio that state money bears to the total price of the equipment being replaced.
(g)  A recipient of money under this section shall return to the state the portion of any remaining money in the contingency reserve account when ride-sharing activities using state-financed van pool equipment cease that represents the ratio of state-to-local financing under the activities.
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 456 - State Financing of Public Transportation › Subchapter D. Passenger Rail Service Assistance Program › Section 456.061. Definition

Sec. 456.061.  DEFINITION.  In this subchapter, "eligible corporation" means a corporation created under former Subchapter III, Chapter 14, Title 45, United States Code (now 49 U.S.C. Sections 24101 et seq. and 24301 et seq.).
Added by Acts 1997, 75th Leg., ch. 110, Sec. 2, eff. May 16, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter D. Passenger Rail Service Assistance Program › Section 456.062. Loans to Corporation

Sec. 456.062.  LOANS TO CORPORATION.  (a)  Under the authority of Section 52-a, Article III, Texas Constitution, and from funds appropriated from the general revenue fund for this purpose, the commission may loan money to an eligible corporation that provides rail passenger service in the state.
(b)  Notwithstanding any other statutory restriction, the portion of the state highway fund not dedicated by the constitution is collateral for repayment of a loan made under this section.  The comptroller may transfer from that portion of the state highway fund to the general revenue fund the amount needed to repay any unpaid balance on the loan, including applicable interest, in accordance with the loan agreement.
Added by Acts 1997, 75th Leg., ch. 110, Sec. 2, eff. May 16, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter D. Passenger Rail Service Assistance Program › Section 456.063. Agreement

Sec. 456.063.  AGREEMENT.  The department, on behalf of the commission and with the approval of the comptroller, shall enter into an agreement, under terms and conditions the department considers appropriate, with an eligible corporation for the purposes of making a secured loan under this subchapter.  The agreement must provide for collateralization and guaranties in a form and amount determined by the comptroller and the commission to be sufficient to repay to the state highway fund any money transferred to the general revenue fund under Section 456.062(b).
Added by Acts 1997, 75th Leg., ch. 110, Sec. 2, eff. May 16, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter D. Passenger Rail Service Assistance Program › Section 456.064. Limitation of Funding

Sec. 456.064.  LIMITATION OF FUNDING.  The commission may only expend funds specifically appropriated by the legislature for the purposes of this subchapter.
Added by Acts 1997, 75th Leg., ch. 110, Sec. 2, eff. May 16, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 456 - State Financing of Public Transportation › Subchapter D. Passenger Rail Service Assistance Program › Section 456.065. Guarantee From Municipalities

Sec. 456.065.  GUARANTEE FROM MUNICIPALITIES.  The department, on behalf of the commission and with the approval of the comptroller, shall secure an agreement or agreements with the municipalities served by an eligible corporation that receives assistance under this subchapter to further guarantee the repayment of half of any unpaid balance on a loan, including interest, made under this subchapter.
Added by Acts 1997, 75th Leg., ch. 110, Sec. 2, eff. May 16, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter A. General Provisions › Section 457.001. Definitions

Sec. 457.001.  DEFINITIONS.  In this chapter:
(1)  "Authority" means a mass transit authority created under this chapter or former Article 1118z-1, Revised Statutes.
(2)  "Board" means the governing body of an authority.
(3)  "Bond" includes a note.
(4)  "Mass transit" means the transportation of passengers and hand-carried packages or baggage of a passenger by any means of surface, overhead, or underground transportation, other than an aircraft or taxicab.
(5)  "Principal municipality" means the municipality of greatest population in a county to which this chapter applies.
(6)  "Transit authority system" means:
(A)  property owned or held by an authority for mass transit purposes;  and
(B)  facilities necessary or convenient for:
(i)  the use of or access to mass transit by persons or vehicles;  or
(ii)  the protection or environmental enhancement of mass transit.
(7)  "Unit of election" means a municipality, including the principal municipality, or the unincorporated area of a county.
(8)  "Transportation disadvantaged" has the meaning assigned by Section 451.001.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1038, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter A. General Provisions › Section 457.002. Applicability

Sec. 457.002.  APPLICABILITY.  This chapter applies only to a county containing a municipality with a population of 500,000 or more that has created a mass transit department under Chapter 453 or former Article 1118z, Revised Statutes.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.051. Creation of Authority

Sec. 457.051.  CREATION OF AUTHORITY.  (a)  An authority is created under this chapter if a resolution finding that the creation of an authority would be in the public interest and a benefit to persons residing in the county is adopted by:
(1)  the county commissioners court;
(2)  the governing body of the principal municipality;  and
(3)  the governing body of at least one municipality other than the principal municipality.
(b)  An authority may not be created if the rate of the sales and use tax charged by the city transit department of the principal municipality, when added to an existing sales and use tax collected in the county other than by the principal municipality, would exceed the limit imposed by Section 457.302.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.052. Board of Authority

Sec. 457.052.  BOARD OF AUTHORITY.  (a)  The board of an authority consists of seven members.  A member of the board serves without compensation but is entitled to reimbursement for expenses incurred in board service.  The board shall elect one of its members as presiding officer.  The members are appointed as follows:
(1)  two members by the county commissioners court;
(2)  four members by the governing body of the principal municipality;  and
(3)  one member by the governing bodies of all municipalities that adopt the resolution described by Section 457.051.
(b)  A member of the board serves at the pleasure of the appointing entity.
(c)  The board shall administer and operate the authority.
(d)  The board shall hold at least one regular meeting each month for the purpose of transacting business of the authority.
(e)  The presiding officer may call a special meeting of the board.
(f)  The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1038, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.053. Confirmation Election

Sec. 457.053.  CONFIRMATION ELECTION.  (a)  If an authority is created under Section 457.051, the board shall propose a service plan and an initial tax rate for the authority.  The initial tax rate must be the same rate as that collected by the city transit department created by the principal municipality.
(b)  After proposing a service plan and an initial tax rate, the board shall call an election in the county to approve the creation of the authority and the tax rate.  The election must be held on a uniform election date but may not be held on the same day as an election held by the county under Section 323.101, Tax Code.  The election is not held in the territory of the principal municipality.
(c)  Notice of the election must include a description of the nature and rate of the proposed tax.  The board shall send a copy of the notice to the department and the comptroller.
(d)  At the election, the ballots shall be printed to permit voting for or against the following proposition:  "The creation of the (name of county) Transit Authority and the imposition of a (rate of tax) percent sales and use tax in (name of county) County."
(e)  If a majority of the votes cast at the election approve the proposition:
(1)  the board shall record the result in its minutes and adopt an order implementing the service plan;  and
(2)  on the day the sales and use tax takes effect in the authority, the city transit department created by the principal municipality under Chapter 453 or former Article 1118z, Revised Statutes, is dissolved, and its assets, personnel, and obligations are transferred to the authority.
(f)  If less than a majority of the votes cast at the election approve the proposition, the board shall adopt an order dissolving the authority, and the city transit department of the principal municipality is not affected.
(g)  The jurisdiction of an authority is coextensive with the territory of the county.
(h)  The board shall file a certified copy of an order adopted under Subsection (e)(1) or (f) with the department, with the comptroller, and in the deed records of the county.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.054. Conflicts of Interest: Authority Employees

Sec. 457.054.  CONFLICTS OF INTEREST:  AUTHORITY EMPLOYEES.  An employee of an authority may not have a pecuniary interest in, or receive a benefit from, an agreement to which the authority is a party.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.055. Transfer of Resources Between Municipality and Authority

Sec. 457.055.  TRANSFER OF RESOURCES BETWEEN MUNICIPALITY AND AUTHORITY.  (a)  The governing body of a municipality may transfer to an authority created under this chapter:
(1)  property and employees of a division of the municipality that before the creation of the authority was responsible for municipal public transportation;  and
(2)  municipal funds that may be used for mass transit.
(b)  The governing body may abolish or change the functions of the municipal division formerly responsible for municipal public transportation.
(c)  If an authority is required to be dissolved under this chapter, the board, on dissolution of the authority, shall transfer to a municipality the funds, property, and employees that were transferred to the authority under this section.  The governing body of the municipality may then re-create or change the duties of any municipal division abolished or changed as a result of transfers made under this section.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.056. Investments

Sec. 457.056.  INVESTMENTS.  (a)  A board may invest authority funds in any obligation, security, or evidence of indebtedness in which the principal municipality may invest municipal funds.
(b)  In making an investment of authority funds, a board shall exercise the judgment and care, under the circumstances prevailing at the time of making the investment, that persons of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs in making a permanent and nonspeculative disposition of their funds, considering the probable income from the disposition and the probable safety of their capital.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.057. Deposit of Money

Sec. 457.057.  DEPOSIT OF MONEY.  (a)  The board shall designate one or more banks as depositories for authority funds.  All authority money, other than money invested as provided by Section 457.056, shall be deposited in one or more of the authority's depository banks.
(b)  Funds in a depository, to the extent that those funds are not insured by the Federal Deposit Insurance Corporation, shall be secured in the manner provided by law for the security of county funds.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter B. Creation and Administration of Authority › Section 457.058. Liability of Creating Entities

Sec. 457.058.  LIABILITY OF CREATING ENTITIES.  The political subdivisions that adopt a resolution under Section 457.051(a) are liable for an expense the authority incurs before the date a sales and use tax is approved for the authority under this chapter, including the costs of holding the election.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter C. Powers of Authority › Section 457.101. Acquiring and Disposing of Property

Sec. 457.101.  ACQUIRING AND DISPOSING OF PROPERTY.  (a)  An authority may acquire, hold, use, sell, lease, or dispose of property, including licenses, patents, rights, and other interests, necessary, convenient, or useful for the full exercise of any of its powers under this chapter.
(b)  The authority may acquire property described in Subsection (a) in any manner, including by gift or devise.
(c)  An authority may dispose of, by sale, lease, or other conveyance:
(1)  any property of the authority not needed for the efficient operation and maintenance of the transit authority system;  and
(2)  any surplus property not needed for its requirements or for the purpose of carrying out its powers under this chapter.
(d)  The lease of unneeded property under Subsection (c) must be consistent with the efficient operation and maintenance of the transit authority system.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter C. Powers of Authority › Section 457.102. Transit Authority System

Sec. 457.102.  TRANSIT AUTHORITY SYSTEM.  (a)  An authority may:
(1)  acquire, construct, own, operate, and maintain a transit authority system;
(2)  use any public way;  and
(3)  construct, repair, and maintain a municipal street, as authorized by the governing body of a municipality in the authority.
(b)  In the exercise of a power under Subsection (a), an authority may relocate or reroute, or alter the construction of, any public or private property, including:
(1)  an alley, road, street, or railroad;
(2)  an electric line and facility;
(3)  a telegraph and telephone property and facility;
(4)  a pipeline and facility;  and
(5)  a conduit and facility.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 457 - County Mass Transit Authority › Subchapter C. Powers of Authority › Section 457.103. Fares and Other Charges

Sec. 457.103.  FARES AND OTHER CHARGES.  The board shall, after a public hearing, impose reasonable and nondiscriminatory fares, tolls, charges, rents, or other compensation for the use of the transit authority system sufficient to produce revenue, together with receipts from taxes imposed by the authority, in an amount adequate to:
(1)  pay all the expenses necessary to operate and maintain the transit authority 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.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.35(a), eff. Sept. 1, 1997.