reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.657. Effect of Withdrawal

Sec. 452.657.  EFFECT OF WITHDRAWAL.  (a)  On the effective date of a withdrawal from an authority:
(1)  the authority shall cease providing transportation services in the withdrawn unit of election;  and
(2)  the financial obligations of the authority attributable to the withdrawn unit of election cease to accrue.
(b)  Withdrawal from an authority does not affect the right of the authority to travel through the territory of the unit of election to provide service to a unit of election that is a part of the authority.
(c)  In a unit of election that withdraws from an authority consisting of one subregion governed by a subregional board created under Subchapter O, title to all real estate in the unit of election, including improvements made by the authority, except a right-of-way or an improvement to a right-of-way, vests in the unit of election if the unit of election by resolution claims the real estate and improvements within 30 days after the effective date of the election.
(d)  If the real estate and improvements are within 30 days after the effective date of the election determined by the authority to be necessary for the continuation of service to the remaining units of election, the authority may retain the use of the real estate and improvements for not longer than 15 years or the duration of the authority's remaining federal grant obligation for the facility, whichever is longer.  If the authority retains the use, the authority is responsible for all operation and maintenance costs of the facility.
(e)  In a unit of election with a population of less than 10,000 according to the most recent federal decennial census that withdraws from an authority consisting of one subregion governed by a subregional board created under Subchapter N, title to all real estate in the unit of election owned or partially owned by the authority, including improvements made by the authority, except a right-of-way or an improvement to a right-of-way, shall immediately vest in the authority, and the authority may continue to use the real estate and improvements in the withdrawn unit of election as may be determined by the authority to be necessary:
(1)  for the continuation of service to other units of election;
(2)  to satisfy the authority's remaining federal grant obligation for the real estate and improvements; or
(3)  for the operation of a public transportation system as provided by Section 452.056(a).
(f)  An authority is responsible for all operation and maintenance costs of the property and improvements located in the withdrawn unit of election that are owned or partially owned by the authority as described by Subsection (e).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.658. Collection of Sales and Use Tax After Withdrawal

Sec. 452.658.  COLLECTION OF SALES AND USE TAX AFTER WITHDRAWAL.  (a)  Until the amount of revenue from an authority's sales and use tax collected in a withdrawn unit of election after the effective date of withdrawal and paid to the authority equals the total financial obligation of the unit, the sales and use tax continues to be collected in the territory of the election unit.
(b)  After the amount described by Subsection (a) has been collected, the comptroller shall discontinue collecting the tax in the territory of the unit of election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.659. Determination of Total Amount of Financial Obligations of Withdrawn Unit

Sec. 452.659.  DETERMINATION OF TOTAL AMOUNT OF FINANCIAL OBLIGATIONS OF WITHDRAWN UNIT.  (a)  Except as provided by Section 452.660, the total financial obligation of a withdrawn unit of election to the authority is an amount equal to:
(1)  the unit's apportioned share of the authority's outstanding obligations;  and
(2)  the amount, not computed in Subsection (a)(1), that is necessary and appropriate to allocate to the unit because of financial obligations of the authority that specifically relate to the unit.
(b)  An authority's outstanding obligations under Subsection (a)(1) is the sum of:
(1)  the obligations of the authority authorized in the budget of, and contracted for by, the authority;
(2)  outstanding contractual obligations for capital or other expenditures, including expenditures for a subsequent year, the payment of which is not made or provided for from the proceeds of notes, bonds, or other obligations;
(3)  payments due or to become due in a subsequent year on notes, bonds, or other securities or obligations for debt issued by the authority;
(4)  the amount required by the authority to be reserved for all years to comply with financial covenants made with lenders, note or bond holders, or other creditors or contractors;  and
(5)  the amount necessary for the full and timely payment of the obligations of the authority, to avoid a default or impairment of those obligations, including contingent liabilities.
(c)  The apportioned share of a unit's obligation or assets is the amount of the obligation or assets times a fraction, the numerator of which is the number of inhabitants of the withdrawing unit of election and the denominator of which is the number of inhabitants of the authority, including the number of inhabitants of the unit.
(d)  The executive committee shall determine the amount of each component of the computations required under this section, including the components of the unit's apportioned share, as of the effective date of withdrawal.  The number of inhabitants shall be determined according to the most recent and available applicable data of an agency of the United States.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.660. Additional Computations for Certain Authorities

Sec. 452.660.  ADDITIONAL COMPUTATIONS FOR CERTAIN AUTHORITIES.  (a)  In addition to the amount determined under Sections 452.659(a)(1) and (2), the total financial obligations of a unit of election withdrawn from an authority consisting of one subregion governed by a subregional board created under Subchapter O  include the amount of the cost incurred by the authority for any capital improvements transferred to the unit of election under Section 452.657(c), less the unit of election's share of the total amount of the unencumbered assets of the authority that consist of cash, cash deposits, certificates of deposit, and bonds, stocks, and other negotiable securities.
(b)  The unit of election's share of the unencumbered assets of the authority under Subsection (a) is determined by the subregional board as an amount equal to the authority's total unencumbered assets described by Subsection (a), multiplied by the average of:
(1)  the number of inhabitants of the unit of election divided by the number of inhabitants of all units of election of the authority;  and
(2)  the total sales tax contributed by the unit of election to the authority divided by the total sales tax contributed to the authority by all units of election of the authority.
(c)  The number of inhabitants is determined as provided by Section 452.559(d).
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 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.661. Certification of Net Financial Obligation of Unit

Sec. 452.661.  CERTIFICATION OF NET FINANCIAL OBLIGATION OF UNIT.  The executive committee shall certify to a withdrawn unit of election and to the comptroller the total financial obligation of the unit to the authority as determined under this subchapter.
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 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.662. Dissolution of Authority Created by Contiguous Municipality

Sec. 452.662.  DISSOLUTION OF AUTHORITY CREATED BY CONTIGUOUS MUNICIPALITY.  (a)  The governing body of a contiguous municipality, at any time after confirmation of a subregional authority, may order an election for the dissolution of the authority.
(b)  The governing body of a contiguous municipality, before the first anniversary of the confirmation election confirming an authority created by the municipality, shall on receipt of a petition containing the signatures of at least 20 percent of the registered voters of the contiguous municipality order an election for the dissolution of the authority.
(c)  In an election ordered under Subsection (a) or (b) the following proposition shall be submitted to the voters:  "Shall the (name of authority) be continued in the city of (name of city)?"
(d)  If the majority of votes received in the election do not favor the proposition, the subregional authority ceases to exist on the day after the date of the canvass of the election and all financial obligations of that unit of election stop accruing at that time.
(e)  Taxes shall continue to be collected until all financial obligations of the subregional authority are paid and may not be collected after the payment of those obligations.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.701. Creation of Regional or Subregional Authority Authorized

Sec. 452.701.  CREATION OF REGIONAL OR SUBREGIONAL AUTHORITY AUTHORIZED.  (a)  The governing body of a principal municipality, the commissioners court of the county of the principal municipality, or both of these bodies, from each subregion of a metropolitan area, may agree to initiate the process to create, by a motion of the body, a regional transportation authority to provide public and complementary transportation services in the area.  The principal municipality, the county of the principal municipality, or both entities, in each subregion, may become the creating entity.
(b)  The governing body of a principal municipality, the commissioners court of the county of the principal municipality, or both of these bodies, from any subregion of a metropolitan area, shall initiate the process to create a regional transportation authority to provide public and complementary transportation services for a metropolitan area on receipt of a petition requesting creation of an authority signed by at least five percent of the registered voters of the principal municipality, county, or both, as appropriate.  The entity to which a petition is presented has the primary responsibility for initiating the authority within a subregion.  The principal municipality and the county of the principal municipality of any subregion, however, may by agreement share the responsibility or shift it from one to the other.
(c)  If one subregion establishes an authority, the remaining subregion may establish a separate subregional authority as provided by this chapter.  This subsection does not apply to an authority created by a contiguous municipality.
(d)  The governing body of a contiguous municipality on its own motion may, and on presentation of a petition requesting the creation of a subregional authority and signed by at least five percent of the voters of the contiguous municipality shall, initiate the process to create a subregional authority:
(1)  as an alternative to participation in a regional transportation authority;
(2)  if the creation of a regional transportation authority in which the contiguous municipality could participate is not confirmed;
(3)  if the contiguous municipality withdraws from a regional transportation authority and:
(A)  the regional transportation authority in which the municipality had participated is abolished by act of the legislature or by a vote of the voters of the entire service area;  or
(B)  the sales tax authorized to be collected by the regional transportation authority of which the contiguous municipality was formerly a member is modified in a manner that would reduce the authority's annual revenue yield by one-half or more;  or
(4)  if a regional transportation authority in which the contiguous municipality could participate is dissolved.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.702. Joint or Merged Subregional Authorities

Sec. 452.702.  JOINT OR MERGED SUBREGIONAL AUTHORITIES.  (a)  Separate subregional authorities may agree to merge.
(b)  Two or more subregional authorities created by contiguous municipalities, by contract, may establish a joint subregional authority having terms approved by the governing bodies of the municipalities.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.703. Initiating Order or Resolution: Contents

Sec. 452.703.  INITIATING ORDER OR RESOLUTION:  CONTENTS.  To initiate the process of creating an authority, the governing body or commissioners court or both must adopt a resolution or order containing:
(1)  a description of the boundaries of the territory proposed to be included in each subregion;  and
(2)  the designation of each time and place for holding public hearings on the proposal to create the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.704. Boundaries of Authority

Sec. 452.704.  BOUNDARIES OF AUTHORITY.  (a)  Except as provided by Section 452.707, the territory proposed to be included in an authority must contain all territory:
(1)  in the county of the principal municipality;  and
(2)  in each unit of election that has the majority of its population in the county of the principal municipality.
(b)  The territory may include territory in a county having a population of more than 52,000 adjacent to the county of the principal municipality.
(c)  Notwithstanding Section 311.032, Government Code, or other law, this section is not severable.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.705. Notice of Hearing

Sec. 452.705.  NOTICE OF HEARING.  (a)  Notice of the time and place of the public hearings on the creation of the authority, including a description of the territory proposed to be included in the authority, shall be published, beginning at least 30 days before the date of the hearing, once a week for two consecutive weeks in a newspaper of general circulation in each county of each principal municipality or contiguous municipality.
(b)  The creating entities shall give a copy of the notice to the Texas Transportation Commission and the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.706. Conduct of Hearing

Sec. 452.706.  CONDUCT OF HEARING.  (a)  The entity or entities creating an authority shall conduct the public hearings on the creation.
(b)  Any person may appear at a hearing and offer evidence on:
(1)  the creation and boundaries of the authority;
(2)  the operation of a public transportation system;
(3)  the public utility and public interest served in the creation of an authority;  or
(4)  other facts bearing on the creation of an authority.
(c)  A hearing may be continued until completed.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.707. Participation by Other Entities

Sec. 452.707.  PARTICIPATION BY OTHER ENTITIES.  (a)  Before the confirmation election, the governing body of each municipality located in the proposed authority, by resolution, and the commissioners court of each county in which unincorporated areas are located in the proposed authority, by order, may confirm the participation of the municipality or county in the process of developing an initial service plan and rate of tax.
(b)  This chapter does not require a contiguous municipality to be a part of or participate in a regional transportation authority.  Within 60 days after the date of initiation of the process provided by Section 452.701 by a principal municipality or a county of the principal municipality, a contiguous city may by resolution of its governing body refuse to participate in the proposed regional transportation authority.  If a contiguous city refuses to participate in the regional transportation authority, the boundaries of the contiguous municipality shall be excluded from the regional transportation authority proposed or created by the principal municipality or county of the principal municipality and may not be included in the initiating process or the confirmation procedure for the proposed authority.
(c)  If proceedings to create a regional transportation authority are begun, the territory included in a subregional transportation authority created by a contiguous municipality is excluded from the proceedings and the contiguous municipality need not comply with Subsection (b).
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.708. Resolution or Order

Sec. 452.708.  RESOLUTION OR ORDER.  (a)  After hearing the evidence presented at the hearings, but not earlier than 75 days after the date the process is initiated by the creating entity, each creating entity may adopt a resolution or order:
(1)  designating the name of the authority;
(2)  listing the names of the municipalities the governing bodies of which, and listing the unincorporated areas the county commissioners courts of which, have confirmed initial inclusion in the authority;  and
(3)  authorizing the appointment of the interim subregional boards and interim executive committee.
(b)  After the hearing, the results of the hearing and the boundaries set by the creating entities shall be sent to the Texas Department of Transportation and the comptroller.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.709. Failure of Other Entities to Join

Sec. 452.709.  FAILURE OF OTHER ENTITIES TO JOIN.  A creating entity may continue the initiation or creation process alone if:
(1)  any other entity that is in another subregion and that is authorized under Section 452.701(a) or (b) to initiate the process does not initiate the process within 60 days after the date the first creating entity initiates the process;
(2)  the governing body of a municipality, or the commissioners court of an unincorporated area, in a proposed authority does not confirm participation under Section 452.707;  or
(3)  the governing body of another creating entity does not adopt the resolution or order described by Section 452.708(a).
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.710. Interim Subregional Board

Sec. 452.710.  INTERIM SUBREGIONAL BOARD.  (a)  After the adoption of the resolution or order authorizing the appointment of the interim subregional board, the appointments shall be made.
(b)  The interim subregional board of a subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census is composed of 11 members appointed as provided by Section 452.562(b).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.711. Interim Executive Committee

Sec. 452.711.  INTERIM EXECUTIVE COMMITTEE.  (a)  Each subregional board shall select its representative to the interim executive committee before the confirmation election.
(b)  The interim executive committee, after its organization, shall develop a service plan and determine a proposed tax rate.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.712. Approval of Service Plan and Tax Rate

Sec. 452.712.  APPROVAL OF SERVICE PLAN AND TAX RATE.  (a)  Not later than the 45th day after the date the interim executive committee approves the service plan and tax rate, the governing body of each municipality having territory in the authority and the commissioners court of each county having unincorporated area in the authority must approve, by resolution or order, the service plan and tax rate.
(b)  A municipality or unincorporated area that does not give its approval under Subsection (a) may not participate in the service plan or the confirmation election order for the authority.
(c)  The interim executive committee may not order a confirmation election in a subregion for which the governing body of the principal municipality does not approve the service plan and tax rate.
(d)  In a subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, the tax rate must be approved by the commissioners court before the confirmation election.
(e)  Subsections (a)-(d) do not apply to an authority created by a contiguous municipality.  The interim executive committee of a subregional authority created by a contiguous municipality shall submit the proposed plan and proposed tax rate to the governing body of the contiguous municipality.  The governing body may:
(1)  change the proposed plan or tax rate, or both the proposed plan and tax rate;  or
(2)  approve the proposed plan and tax as submitted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.713. Approval of Service Plan and Notice of Intent to Order Election

Sec. 452.713.  APPROVAL OF SERVICE PLAN AND NOTICE OF INTENT TO ORDER ELECTION.  (a)  Not earlier than the 61st day after the date the interim executive committee approves a service plan and tax rate, the interim executive committee shall:
(1)  modify the approved service plan and tax rate only as necessary to conform to the nonparticipation of municipalities or unincorporated areas in the service plan and approve the modified service plan and tax rate;  and
(2)  notify the commissioners court of each county included in whole or in part within the initial boundaries of the authority of the interim executive committee's intention to call a confirmation election.
(b)  A changed service plan and rate of tax must be approved by the governing body of a contiguous municipality creating a subregional authority.  Subsection (a) does not apply to an authority created by a contiguous municipality.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.714. Creation of Units of Election

Sec. 452.714.  CREATION OF UNITS OF ELECTION.  (a)  Within 30 days after the date the commissioners court receives a notice under Section 452.713(a)(2), the commissioners court, by order, shall designate not more than five units of election in the unincorporated area of the county.
(b)  The boundaries of each designated unit of election must coincide with a county voting precinct so that, to the extent practicable, no county voting precinct is divided between two or more designated units of election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.715. Confirmation Election

Sec. 452.715.  CONFIRMATION ELECTION.  (a)  The interim executive committee, or the governing body of a contiguous municipality for the creation of a subregional authority by that municipality, in ordering the confirmation election shall submit to the qualified voters of each municipality and unincorporated area participating in the election in the authority the following proposition:
"Shall the creation of (name of authority) be confirmed and shall the levy of the proposed tax, not to exceed (rate), be authorized?"
(b)  In addition to other information required by law, the notice of the election must include a description of the nature and rate of the proposed tax.
(c)  An election to confirm an authority created by a contiguous municipality may not be held on the same day as a withdrawal election held in accordance with Subchapter Q.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.716. Conduct of Election: Separate Tabulations

Sec. 452.716.  CONDUCT OF ELECTION:  SEPARATE TABULATIONS.  (a)  A confirmation election shall be conducted so that the votes are separately tabulated and canvassed in each participating unit of election in the authority.
(b)  The executive committee shall canvass the returns and declare the results of the election separately with respect to each unit of election.
(c)  The governing body of a contiguous municipality shall canvass the returns of the confirmation election ordered by the municipality to create an authority and declare the results of the election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.717. Results of Election; Order

Sec. 452.717.  RESULTS OF ELECTION;  ORDER.  (a)  In each unit of election in which a majority of the votes received in the unit favor the proposition, the authority is confirmed and continues inclusive of each of those units, except that the authority ceases in every unit of election in a subregion if the authority is not confirmed:
(1)  in the principal municipality of the subregion;  or
(2)  in contiguous units of election in the subregion in which the population when aggregated in all those units exceeds 300,000.
(b)  The interim executive committee may exclude from the authority and proposed tax a unit of election because the unit is not contiguous to the existing authority and would create a fiscal hardship on the authority.  The committee shall notify the appropriate governing body in writing that the unit is excluded under this subsection.
(c)  If the authority continues, the interim executive committee shall record the results in its minutes and adopt an order:
(1)  declaring that the creation of the authority is confirmed;
(2)  describing the territory of the authority;
(3)  stating the date of the election;
(4)  containing the proposition;
(5)  showing the number of votes cast for or against the proposition in each unit of election;  and
(6)  showing the number of votes by which the proposition was approved in each unit of election in which the proposition was approved.
(d)  The order must be accompanied with a map of the authority that shows the boundaries of the authority.
(e)  A certified copy of the order and map shall be filed with:
(1)  the Texas Department of Transportation;  and
(2)  the comptroller.
(f)  If the authority does not continue, the interim executive committee shall enter an order declaring that the result of votes cast at the election is that the authority ceases in its entirety.  The order shall be filed with the Texas Department of Transportation and the comptroller, and the authority is dissolved.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.718. Results of Election in Contiguous Municipalities

Sec. 452.718.  RESULTS OF ELECTION IN CONTIGUOUS MUNICIPALITIES.  After the confirmation election for a subregional authority created by a contiguous municipality, the governing body of the contiguous municipality shall adopt an order declaring, according to the results of the confirmation election, that the subregional authority is confirmed or ceases to exist.  If the subregional authority ceases to exist, the governing body of the contiguous municipality shall record an order in its minutes so declaring and file a certified copy of the order with the Texas Department of Transportation.  On the filing the subregional authority is dissolved.
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 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.719. Cost of Election

Sec. 452.719.  COST OF ELECTION.  A creating entity shall pay the cost of the confirmation election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter R. Creation of Authorities › Section 452.720. Expiration of Unconfirmed Authority

Sec. 452.720.  EXPIRATION OF UNCONFIRMED AUTHORITY.  An authority that has not been confirmed expires on the third anniversary of the effective date of the resolutions or orders initiating the process to create the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter A. General Provisions › Section 453.001. Definitions

Sec. 453.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the governing body of a transit department.
(2)  "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.
(3)  "Transit department" means a mass transit department created under this chapter or under former Article 1118z, Revised Statutes, enacted by Section 34, Article 1, Chapter 10, Acts of the 69th Legislature, 3rd Called Session, 1986.
(4)  "Transit department system" means:
(A)  property owned or held by a municipality and used by a transit department 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.
(5)  "Transportation disadvantaged" has the meaning assigned by Section 451.001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1038, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter A. General Provisions › Section 453.002. Excluded Municipalities

Sec. 453.002.  EXCLUDED MUNICIPALITIES.  (a)  This chapter does not apply to a municipality any part of which is located in:
(1)  a county that contains territory within the corporate limits of a principal municipality that is a part of an authority operating under Chapter 451 or 452;  or
(2)  a federal metropolitan statistical area or primary metropolitan statistical area that contains a principal municipality that is a part of an authority operating under Chapter 451 or 452.
(b)  For the purpose of this section "principal municipality" has the meaning assigned by Section 451.001 or 452.001.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter A. General Provisions › Section 453.003. Continuing Application of Chapter

Sec. 453.003.  CONTINUING APPLICATION OF CHAPTER.  The continuation of a transit department created in compliance with, and for which a tax has been approved under, this chapter is not affected by a later failure of the municipality that created the transit department to meet a requirement of Section 453.002(a) or 453.051(a)(2).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.051. Creation of Transit Department

Sec. 453.051.  CREATION OF TRANSIT DEPARTMENT.  (a)  The governing body of a municipality, by ordinance or resolution, may create a transit department if:
(1)  the municipality operates a mass transportation system;
(2)  the municipality has a population of 50,000 or more;  and
(3)  the governing body determines that the creation of a transit department and operation of a transit department system would be in the public interest and of benefit to persons residing in the municipality.
(b)  The jurisdiction of a transit department is coextensive with the territory of the municipality that creates the transit department.
(c)  The jurisdiction of a transit department created by a municipality with a population of more than 500,000 that borders the United Mexican States does not include any territory within the boundaries of a federal military installation that is located in that municipality's extraterritorial jurisdiction.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.31(a), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 146 (H.B. 205), Sec. 2, eff. July 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.052. Administration of Transit Department

Sec. 453.052.  ADMINISTRATION OF TRANSIT DEPARTMENT.  The board of a transit department shall administer and operate the transit department.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.053. Board

Sec. 453.053.  BOARD.  (a)  The board of a transit department consists of the members of the governing body of the municipality that creates the transit department.
(b)  Service as a member of the board is an additional duty of the office of a member of the governing body and is without compensation.
(c)  The presiding officers of the governing body of the municipality that creates a transit department are the presiding officers of the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.054. Board Meetings

Sec. 453.054.  BOARD MEETINGS.  (a)  The board shall hold at least one regular meeting each month for the purpose of transacting business of the transit department.
(b)  The presiding officer may call a special meeting of the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.055. Conflicts of Interest: Transit Department Employees

Sec. 453.055.  CONFLICTS OF INTEREST:  TRANSIT DEPARTMENT EMPLOYEES.  An employee of a transit department may not have a pecuniary interest in, or receive a benefit from, an agreement to which the transit department is a party.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.056. Transfer of Municipal Resources to Transit Department

Sec. 453.056.  TRANSFER OF MUNICIPAL RESOURCES TO TRANSIT DEPARTMENT.  (a)  The governing body of a municipality may transfer to a transit department created by the municipality:
(1)  property and employees of a division of the municipality that before the creation of the transit department 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 a transit department is required to be dissolved under this chapter, the board, on dissolution of the transit department, shall transfer to the municipality the funds, property, and employees that were transferred to the transit department under this section.  The governing body of the municipality may then recreate or change the duties of any municipal division abolished or changed as a result of transfers made under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.057. Investments

Sec. 453.057.  INVESTMENTS.  (a)  A board may invest transit department funds in any obligation, security, or evidence of indebtedness in which the municipality for which the transit department was created may invest municipal funds.
(b)  In making an investment of transit department 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.058. Accounts and Deposit of Money; Dedication of Money

Sec. 453.058.  ACCOUNTS AND DEPOSIT OF MONEY;  DEDICATION OF MONEY.  (a)  The board shall deposit all transit department money, other than money invested as provided by Section 453.057, with the treasurer of the creating municipality to the credit of the accounts described by Subsection (b).
(b)  All money received from the collection of the sales and use tax under Subchapter H  shall be credited to an account separate from an account to which all other money governed by Subsection (a) shall be credited.
(c)  Sales and use tax collections under Subchapter H may be used only for mass transit.
(d)  The board may transfer money credited to the account that does not contain sales and use tax collections back to the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.059. Liability of Creating Municipality

Sec. 453.059.  LIABILITY OF CREATING MUNICIPALITY.  A municipality that creates a transit department is liable for an expense the transit department incurs before the date a sales and use tax is approved for the transit department under Subchapter D, including the costs of holding the election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.060. Prohibition of Consumption of Alcoholic Beverage

Sec. 453.060.  PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGE.  (a)  A board by resolution may prohibit the consumption of an alcoholic beverage on property a transit department possesses or controls.  The resolution must describe with particularity each place where consumption of an alcoholic beverage is prohibited.
(b)  The transit department shall post a sign in each place where consumption of an alcoholic beverage is prohibited under this section.  The sign must indicate that a person may not consume an alcoholic beverage in that place.
(c)  A person commits an offense if the person consumes an alcoholic beverage in a place where the consumption of an alcoholic beverage is prohibited under this section.
(d)  An offense under this section is a Class C misdemeanor.
(e)  In this section, "alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.32(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter B. Creation and Administration of Transit Department › Section 453.061. Transportation Disadvantaged

Sec. 453.061.  TRANSPORTATION DISADVANTAGED.  The board shall consider the interests of the transportation disadvantaged in making decisions under this chapter.
Added by Acts 2001, 77th Leg., ch. 1038, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.101. Powers Applicable to Transit Department Having Tax

Sec. 453.101.  POWERS APPLICABLE TO TRANSIT DEPARTMENT HAVING TAX.  Except for the administration of assets transferred under Section 453.056, this subchapter applies only to a transit department that has a local sales and use tax approved under Subchapter D.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.102. Acquiring and Disposing of Property

Sec. 453.102.  ACQUIRING AND DISPOSING OF PROPERTY.  (a)  A transit department 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 transit department may acquire property described in Subsection (a) in any manner, including by gift or devise.
(c)  An acquisition made or other action taken under Subsection (a) shall be in the name of the municipality that created the transit department.
(d)  A transit department may dispose of, by sale, lease, or other conveyance:
(1)  any property of the transit department not needed for the efficient operation and maintenance of the transit department system;  and
(2)  any surplus property not needed for its requirements or for the purpose of carrying out its powers under this chapter.
(e)  The lease of unneeded property under Subsection (c) must be consistent with the efficient operation and maintenance of the transit department system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 453 - Municipal Transit Departments › Subchapter C. Powers of Transit Department › Section 453.103. Transit Department System

Sec. 453.103.  TRANSIT DEPARTMENT SYSTEM.  (a)  A transit department may in the municipality creating the transit department:
(1)  acquire, construct, own, operate, and maintain a transit department system;
(2)  use any public way;  and
(3)  construct, repair, and maintain a municipal street, as authorized by the governing body of the municipality.
(b)  In the exercise of a power under Subsection (a), a transit department 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.