reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter C. Feasibility of Regional Turnpike Projects › Section 366.073. Feasibility Study by Municipality, County, Other Local Governmental Entity, or Private Group

Sec. 366.073.  FEASIBILITY STUDY BY MUNICIPALITY, COUNTY, OTHER LOCAL GOVERNMENTAL ENTITY, OR PRIVATE GROUP.  (a)  One or more municipalities, counties, or local governmental entities, a combination of municipalities, counties, and local governmental entities, or a private group or combination of individuals in this state may pay all or part of the expenses of studying the cost and feasibility and any other expenses relating to:
(1)  the preparation and issuance of bonds for the acquisition and construction of a proposed turnpike project or system by an authority;
(2)  the improvement, extension, or expansion of an authority's existing turnpike project or system;  or
(3)  the use of private participation under applicable law in connection with the acquisition, construction, improvement, expansion, extension, maintenance, repair, or operation of a turnpike project or system by an authority.
(b)  Money spent under Subsection (a) for an authority's proposed turnpike project or system is reimbursable without interest and with the consent of the authority to the person paying the expenses described in Subsection (a) out of the proceeds from turnpike revenue bonds issued for or other proceeds that may be used for the acquisition, construction, improvement, extension, expansion, or operation of the turnpike project or system.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.111. Turnpike Revenue Bonds

Sec. 366.111.  TURNPIKE REVENUE BONDS.  (a)  An authority, by adoption of a bond resolution, may authorize the issuance of bonds to pay all or part of the cost of a turnpike project or system, to refund any bonds previously issued for the turnpike project or system, or to pay for all or part of the cost of a turnpike project or system that will become a part of another system.
(b)  As determined in the bond resolution, the bonds of each issue shall:
(1)  be dated;
(2)  bear interest at the rate or rates and beginning on the dates, as authorized by law, or bear no interest;
(3)  mature at the time or times, not exceeding 40 years from their date or dates;  and
(4)  be made redeemable before maturity at the price or prices and under the terms provided by the bond resolution.
(c)  An authority may sell the bonds at public or private sale in the manner and for the price it determines to be in the best interest of the authority.
(d)  The proceeds of each bond issue shall be disbursed in the manner and under the restrictions, if any, the authority provides in the bond resolution.
(e)  Additional bonds may be issued in the same manner to pay the costs of a turnpike project or system.  Unless otherwise provided in the bond resolution, the additional bonds shall be on a parity, without preference or priority, with bonds previously issued and payable from the revenue of the turnpike project or system.  In addition, an authority may issue bonds for a turnpike project or system secured by a lien on the revenue of the turnpike project or system subordinate to the lien on the revenue securing other bonds issued for the turnpike project or system.
(f)  If the proceeds of a bond issue exceed the cost of the turnpike project or system for which the bonds were issued, the surplus shall be segregated from the other money of the authority and used only for the purposes specified in the bond resolution.
(g)  Bonds issued and delivered under this chapter and interest coupons on the bonds are a security under Chapter 8, Business & Commerce Code.
(h)  Bonds issued under this chapter and income from the bonds, including any profit made on the sale or transfer of the bonds, are exempt from taxation in this state.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.112. Interim Bonds

Sec. 366.112.  INTERIM BONDS.  (a)  An authority may, before issuing definitive bonds, issue interim bonds, with or without coupons, exchangeable for definitive bonds.
(b)  The interim bonds may be authorized and issued in accordance with this chapter, without regard to the requirements, restrictions, or procedural provisions contained in any other law.
(c)  A bond resolution authorizing interim bonds may provide that the interim bonds recite that the bonds are issued under this chapter.  The recital is conclusive evidence of the validity and the regularity of the bonds' issuance.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.113. Payment of Bonds; State and County Credit Not Pledged

Sec. 366.113.  PAYMENT OF BONDS;  STATE AND COUNTY CREDIT NOT PLEDGED.  (a)  The principal of, interest on, and any redemption premium on bonds issued by an authority are payable solely from:
(1)  the revenue of the turnpike project or system for which the bonds are issued, including tolls pledged to pay the bonds;
(2)  payments made under an agreement with the commission or a local governmental entity as provided by Subchapter G;
(3)  money derived from any other source available to the authority, other than money derived from a turnpike project that is not part of the same system or money derived from a different system, except to the extent that the surplus revenue of a turnpike project or system has been pledged for that purpose;  and
(4)  amounts received under a credit agreement relating to the turnpike project or system for which the bonds are issued.
(b)  Bonds issued under this chapter do not constitute a debt of the state or any of the counties of an authority or a pledge of the faith and credit of the state or any of the counties.  Each bond must contain on its face a statement to the effect that the state, the authority, and the counties of the authority are not obligated to pay the bond or the interest on the bond from a source other than the amount pledged to pay the bond and the interest on the bond, and neither the faith and credit and taxing power of the state or the counties of the authority are pledged to the payment of the principal of or interest on the bond.
(c)  An authority may not incur financial obligations that cannot be paid from revenue derived from owning or operating the authority's turnpike projects and systems or from other revenue provided by law.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.114. Effect of Lien

Sec. 366.114.  EFFECT OF LIEN.  (a)  A lien on or a pledge of revenue from a turnpike project or system under this chapter or on a reserve, replacement, or other fund established in connection with a bond issued under this chapter:
(1)  is enforceable at the time of payment for and delivery of the bond;
(2)  applies to an item on hand or subsequently received;
(3)  applies without physical delivery of an item or other act;  and
(4)  is enforceable against any person having any claim, in tort, contract, or other remedy, against the applicable authority without regard to whether the person has notice of the lien or pledge.
(b)  A bond resolution is not required to be recorded except in the regular records of the authority.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.115. Bond Indenture

Sec. 366.115.  BOND INDENTURE.  (a)  Bonds issued under this chapter may be secured by a bond indenture between the authority and a corporate trustee that is a trust company or a bank that has the powers of a trust company.
(b)  A bond indenture may pledge or assign the tolls and other revenue to be received but may not convey or mortgage any part of a turnpike project or system.
(c)  A bond indenture may:
(1)  set forth the rights and remedies of the bondholders and the trustee;
(2)  restrict the individual right of action by bondholders as is customary in trust agreements or indentures of trust securing corporate bonds and debentures;  and
(3)  contain provisions the authority determines reasonable and proper for the security of the bondholders, including covenants:
(A)  establishing the authority's duties relating to:
(i)  the acquisition of property;
(ii)  the construction, maintenance, operation, and repair of and insurance for a turnpike project or system;  and
(iii)  custody, safeguarding, and application of money;
(B)  prescribing events that constitute default;
(C)  prescribing terms on which any or all of the bonds become or may be declared due before maturity;  and
(D)  relating to the rights, powers, liabilities, or duties that arise on the breach of an authority's duty.
(d)  The expenses incurred in carrying out a trust agreement may be treated as part of the cost of operating the turnpike project.
(e)  In addition to all other rights by mandamus or other court proceeding, an owner or trustee of a bond issued under this chapter may enforce the owner's rights against an issuing authority, the authority's employees, the authority's board, or an agent or employee of the authority's board and is entitled to:
(1)  require the authority and the board to impose and collect tolls, charges, and other revenue sufficient to carry out any agreement contained in the bond proceedings;  and
(2)  apply for and obtain the appointment of a receiver for the turnpike project or system.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.116. Approval of Bonds by Attorney General

Sec. 366.116.  APPROVAL OF BONDS BY ATTORNEY GENERAL.  (a)  An authority shall submit to the attorney general for examination a transcript of proceedings relating to bonds authorized under this chapter.  The transcript shall include the bond proceedings and any contract securing or providing revenue for the payment of the bonds.
(b)  If the attorney general determines that the bonds, the bond proceedings, and any supporting contract are authorized by law, the attorney general shall approve the bonds and deliver to the comptroller:
(1)  a copy of the legal opinion of the attorney general stating the approval;  and
(2)  the record of proceedings relating to the authorization of the bonds.
(c)  On receipt of the legal opinion of the attorney general and the record of proceedings relating to the authorization of the bonds, the comptroller shall register the record of proceedings.
(d)  After approval by the attorney general, the bonds, the bond proceedings, and any supporting contract are valid, enforceable, and incontestable in any court or other forum for any reason and are binding obligations according to their terms for all purposes.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.117. Furnishing of Indemnifying Bonds or Pledges of Securities

Sec. 366.117.  FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF SECURITIES.  (a)  A bank or trust company incorporated under the laws of this state that acts as depository of the proceeds of bonds or of revenue may furnish indemnifying bonds or pledge securities that an authority requires.
(b)  Bonds of an authority may secure the deposit of public money of the state or a political subdivision of the state to the extent of the lesser of the face value of the bonds or their market value.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter D. Turnpike Financing › Section 366.118. Applicability of Other Law; Conflicts

Sec. 366.118.  APPLICABILITY OF OTHER LAW;  CONFLICTS.  All laws affecting the issuance of bonds by local governmental entities, including Chapters 1201, 1202, 1204, and 1371, Government Code, apply to bonds issued under this chapter.  To the extent of a conflict between those laws and this chapter, the provisions of this chapter prevail.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.392, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.161. Turnpike Projects Extending Into Other Counties

Sec. 366.161.  TURNPIKE PROJECTS EXTENDING INTO OTHER COUNTIES.  An authority may acquire, construct, operate, maintain, expand, or extend a turnpike project in:
(1)  a county that is a part of the authority; or
(2)  subject to Sections 366.031(e) and 366.0311, a county in which the authority operates or is constructing a turnpike project if the turnpike project in the affected county is a continuation of the authority's turnpike project or system extending from an adjacent county.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 727 (H.B. 1394), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.162. Powers and Procedures of Authority in Acquiring Property

Sec. 366.162.  POWERS AND PROCEDURES OF AUTHORITY IN ACQUIRING PROPERTY.  (a)  An authority may construct or improve a turnpike project on real property, including a right-of-way acquired by the authority or provided to the authority for that purpose by the commission, a political subdivision of this state, or any other local governmental entity.
(b)  Except as provided by this chapter, an authority has the same powers and may use the same procedures as the commission in acquiring property.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.163. Acquisition of Property

Sec. 366.163.  ACQUISITION OF PROPERTY.  (a)  An authority may acquire in the name of the authority public or private real and other property it determines necessary or convenient for the construction, operation, maintenance, expansion, or extension of a turnpike project or for otherwise carrying out this chapter.
(b)  The property an authority may acquire under this subchapter includes all or any portion of, and rights in and to:
(1)  public or private land, streets, alleys, rights-of-way, parks, playgrounds, and reservations;
(2)  franchises;
(3)  easements;
(4)  licenses;  and
(5)  other interests in real and other property.
(c)  An authority may acquire real property by any method, including purchase and condemnation.  An authority may purchase public or private real property on the terms and at the price the authority and the property owner consider reasonable.
(d)  Covenants, conditions, restrictions, or limitations affecting property acquired in any manner by the authority are not binding against the authority and do not impair the authority's ability to use the property for a purpose authorized by this chapter.  The beneficiaries of the covenants, conditions, restrictions, or limitations are not entitled to enjoin the authority from using the property for a purpose authorized under this chapter, but this section does not affect the right of a person to seek compensation for damages to the person's property under Section 17, Article I, Texas Constitution.
(e)  Subsection (d) does not affect the obligation of the authority under other state law to compensate the state for acquiring or using property owned by or on behalf of the state.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.164. Right of Entry

Sec. 366.164.  RIGHT OF ENTRY.  (a)  To acquire property necessary or useful in connection with a turnpike project, an authority may enter any real property, water, or premises to make a survey, geotechnical evaluation, sounding, or examination.
(b)  An entry under Subsection (a) is not:
(1)  a trespass;  or
(2)  an entry under a pending condemnation proceeding.
(c)  The authority shall make reimbursements for any actual damages to real property, water, or premises that result from an activity described by Subsection (a).
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.165. Condemnation of Real Property

Sec. 366.165.  CONDEMNATION OF REAL PROPERTY.  (a)  Subject to Subsection (c), an authority may acquire public or private real property in the name of the authority by the exercise of the power of condemnation under the laws applicable to the exercise of that power on property for public use if:
(1)  the authority and the property owner cannot agree on a reasonable price for the property;  or
(2)  the property owner is legally incapacitated, absent, unknown, or unable to convey title.
(b)  An authority may condemn real property that the authority determines is:
(1)  necessary or appropriate to construct or to efficiently operate a turnpike project;
(2)  necessary to restore public or private property damaged or destroyed, including property necessary or convenient to mitigate an environmental effect that directly results from the construction, operation, or maintenance of a turnpike project;
(3)  necessary for access, approach, and interchange roads;
(4)  necessary to provide proper drainage and ground slope for a turnpike project;  or
(5)  necessary otherwise to implement this chapter.
(c)  An authority may construct a supplemental facility only on real property the authority purchases.
(d)  An authority shall, in a statement or petition in condemnation, exclude from the interest to be condemned all the oil, gas, and sulphur that can be removed from beneath the real property. This exclusion shall be made without providing the owner of the oil, gas, or sulphur any right of ingress or egress to or from the surface of the land to explore, develop, drill, or mine the real property.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.101(16), eff. June 14, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 239 (H.B. 341), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.167. Possession of Property

Sec. 366.167.  POSSESSION OF PROPERTY.  (a)  Immediately on the filing of a declaration of taking, an authority shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016(d), Property Code.  The authority shall file evidence of the service with the clerk of the court.  On filing of that evidence, the authority may take possession of the property on the same terms as if a commissioners hearing had been conducted, pending the litigation.
(b)  If the condemned property is a homestead or a portion of a homestead as defined by Section 41.002, Property Code, an authority may not take possession before the 31st day after the date of service under Subsection (a).
(c)  A property owner or tenant who refuses to vacate the property or yield possession is subject to forcible entry and detainer under Chapter 24, Property Code.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.168. Severance of Real Property

Sec. 366.168.  SEVERANCE OF REAL PROPERTY.  (a)  If an authority's turnpike project severs a property owner's real property, the authority shall pay:
(1)  the value of the property acquired;  and
(2)  the damages, if any, to the remainder of the owner's property caused by the severance, including damages caused by the inaccessibility of one tract from the other.
(b)  At its option, an authority may negotiate for and purchase the severed real property or any part of the severed real property if the authority and the property owner agree on terms for the purchase.  An authority may sell and dispose of severed real property that it determines is not necessary or useful to the authority.  Severed property must be appraised before being offered for sale by an authority.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.169. Acquisition of Rights in Public Real Property

Sec. 366.169.  ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.  (a)  An authority may use real property, including submerged land, streets, alleys, and easements, owned by the state or a local governmental entity that the authority considers necessary for the construction or operation of a turnpike project.
(b)  The state or a local governmental entity having charge of public real property may consent to the use of the property for a turnpike project.
(c)  Except as provided by Section 228.201, the state or a local governmental entity may convey, grant, or lease to an authority real property, including highways and other real property already devoted to public use and rights or easements in real property, that may be necessary or convenient to accomplish the authority's purposes, including the construction or operation of a turnpike project.  A conveyance, grant, or lease under this section may be made without advertising, court order, or other action other than the normal action of the state or local governmental entity necessary for a conveyance, grant, or lease.
(d)  This section does not deprive the School Land Board of the power to execute leases for the development of oil, gas, and other minerals on state-owned real property adjoining a turnpike project or in tidewater limits.  The leases may provide for directional drilling from the adjoining property or tidewater area.
(e)  This section does not affect the obligation of the authority under other state law to compensate the state for acquiring or using property owned by or on behalf of the state.  An authority's use of property owned by or on behalf of the state is subject to any covenants, conditions, restrictions, or limitations affecting that property.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.60, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.170. Compensation for and Restoration of Public Property

Sec. 366.170.  COMPENSATION FOR AND RESTORATION OF PUBLIC PROPERTY.  (a)  Except as provided by Section 366.035 or Section 366.165(c), an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, except for:
(1)  parks and playgrounds;
(2)  property owned by or on behalf of the state that under state law requires compensation to the state for the use or acquisition of the property;  or
(3)  as provided by this chapter.
(b)  Public property damaged in the exercise of powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable.
(c)  An authority has full easements and rights-of-way through, across, under, and over any property owned by the state or any local governmental entity that are necessary or convenient to construct, acquire, or efficiently operate a turnpike project or system under this chapter.  This subsection does not affect the obligation of the authority under other state law, including Section 373.102, to compensate or reimburse the state for the use or acquisition of an easement or right-of-way on property owned by or on behalf of the state.  An authority's use of property owned by or on behalf of the state is subject to any covenants, conditions, restrictions, or limitations affecting that property.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 7, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.172. Lease, Sale, or Conveyance of Turnpike Project

Sec. 366.172.  LEASE, SALE, OR CONVEYANCE OF TURNPIKE PROJECT.  (a)  An authority may lease, sell, or convey in another manner a turnpike project to the department, a county, or a local government corporation created under Chapter 431 only with the approval of the governing body of the entity to which the project is transferred.
(b)  An agreement to lease, sell, or convey a turnpike project under this section must provide for the discharge and final payment or redemption of the authority's outstanding bonded indebtedness for the turnpike project and must not be prohibited under the bond proceedings applicable to the system, if any, of which the turnpike project is a part.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.173. Revenue

Sec. 366.173.  REVENUE.  (a)  An authority may:
(1)  impose tolls for the use of each of its turnpike projects and systems and the different parts or sections of each of its turnpike projects and systems;  and
(2)  contract with a person for the use of part of a turnpike project or system or lease or sell part of a turnpike project or system, including the right-of-way adjoining the paved portion, for any purpose, including placing on the adjoining right-of-way a gas station, garage, store, hotel, restaurant, parking facility, railroad track, billboard, livestock pasturage, telephone line or facility, telecommunication line or facility, data transmission line or facility, and electric line or facility, under terms set by the authority.
(b)  Tolls must be set so that the aggregate of tolls from an authority's turnpike project or system, together with other revenue of the turnpike project or system:
(1)  provides revenue sufficient to pay:
(A)  the cost of maintaining, repairing, and operating the turnpike project or system;  and
(B)  the principal of and interest on the bonds issued for the turnpike project or system as those bonds become due and payable;  and
(2)  creates reserves for a purpose listed under Subdivision (1).
(c)  Tolls are not subject to supervision or regulation by any state agency or other local governmental entity.
(d)  Tolls and other revenue derived from a turnpike project or system for which bonds are issued, except the part necessary to pay the cost of maintenance, repair, and operation and to provide reserves for those costs as may be provided in the bond proceedings, shall be set aside at regular intervals as may be provided in the bond resolution or trust agreement in a sinking fund that is pledged to and charged with the payment of:
(1)  interest on the bonds as it becomes due;
(2)  principal of the bonds as it becomes due;
(3)  necessary charges of paying agents for paying principal and interest;  and
(4)  the redemption price or the purchase price of bonds retired by call or purchase as provided by the bond proceedings.
(e)  Use and disposition of money to the credit of the sinking fund is subject to the bond proceedings.
(f)  To the extent permitted under the applicable bond proceedings, revenue from one turnpike project of an authority may be used to pay the cost of other turnpike projects of the authority.
(g)  An authority may not use revenue from its turnpike projects in a manner not authorized by this chapter.  Revenue generated from a turnpike project may not be applied for a purpose or to pay a cost other than a cost or purpose that is reasonably related to or anticipated to be for the benefit of a turnpike project.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.174. Authority Revolving Fund

Sec. 366.174.  AUTHORITY REVOLVING FUND.  (a)  An authority may maintain a revolving fund to be held in trust by a banking institution chosen by the authority separate from any other funds and administered by the authority's board.
(b)  An authority may transfer into its revolving fund money from any permissible source, including:
(1)  money from a turnpike project if the transfer does not diminish the money available for the project or the system, if any, of which it is a part to less than an amount required to be retained by the bond proceedings pertaining to the project or system;
(2)  money received by the authority from any source and not otherwise committed, including money from the transfer of a turnpike project or system or sale of authority assets;
(3)  money received from the state highway fund;  and
(4)  contributions, loans, grants, or assistance from the United States, another state, a political subdivision of this state, a foreign governmental entity, including the United Mexican States or a state of the United Mexican States, a local governmental entity, any private enterprise, or any person.
(c)  The authority may use money in the revolving fund to:
(1)  finance the acquisition, construction, maintenance, or operation of a turnpike project or system, including the extension, expansion, or improvement of a project or system;
(2)  provide matching money required in connection with any federal, state, local, or private aid, grant, or other funding, including aid or funding by or with public-private partnerships;
(3)  provide credit enhancement either directly or indirectly for bonds issued to acquire, construct, extend, expand, or improve a turnpike project or system;
(4)  provide security for or payment of future or existing debt for the design, acquisition, construction, operation, maintenance, extension, expansion, or improvement of a turnpike project or system;
(5)  borrow money and issue promissory notes or other indebtedness payable out of the revolving fund for any purpose authorized by this chapter;  and
(6)  provide for any other reasonable purpose that assists in the financing of an authority as authorized by this chapter.
(d)  Money spent or advanced from the revolving fund for a turnpike project or system must be reimbursed from the money of that turnpike project or system, and there must be a reasonable expectation of such repayment at the time of authorization.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1237, Sec. 5, eff. Nov. 6, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.175. Use of Surplus Revenue

Sec. 366.175.  USE OF SURPLUS REVENUE.  The board of an authority may by resolution authorize the use of surplus revenue of a turnpike project or system to pay the costs of another turnpike project or system other than a project financed under Subchapter G. The board may in the resolution prescribe terms for the use of the revenue, including the pledge of the revenue, but may not take an action under this section that violates, impairs, or is inconsistent with a bond resolution, trust agreement, or indenture governing the use of the surplus revenue.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.176. Exemption From Taxation or Assessment

Sec. 366.176.  EXEMPTION FROM TAXATION OR ASSESSMENT.  (a)  An authority is exempt from taxation of or assessments on:
(1)  a turnpike project or system;
(2)  property the authority acquires or uses under this chapter;  or
(3)  income from property described by Subdivision (1) or (2).
(b)  An authority is exempt from payment of development fees, utility connection fees, assessments, and service fees imposed or assessed by a county, municipality, road and utility district, river authority, any other state or local governmental entity, or any property owners' or homeowners' association.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.177. Actions Affecting Existing Roads

Sec. 366.177.  ACTIONS AFFECTING EXISTING ROADS.  (a)  An authority may impose a toll for transit over an existing free road, street, or public highway transferred to the authority under this chapter.
(b)  An authority may construct a grade separation at an intersection of a turnpike project with a railroad or highway and change the line or grade of a highway to accommodate the design of the grade separation.  The action may not affect a segment of the state highway system without the department's consent.  The authority shall pay the cost of a grade separation and any damage incurred in changing a line or grade of a railroad or highway as part of the cost of the turnpike project.
(c)  If feasible, an authority shall provide access to properties previously abutting a county or other public road that is taken for a turnpike project and shall pay abutting property owners the expenses or any resulting damages for a denial of access to the road.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.179. Use and Return of Transponders

Sec. 366.179.  USE AND RETURN OF TRANSPONDERS.  (a)  For purposes of this section, a transponder is a device placed on or within a motor vehicle that is capable of transmitting or receiving information used to assess or collect tolls or provide toll exemptions.  A transponder is insufficiently funded if there is no money in the account for which the transponder was issued.
(b)  Any law enforcement or peace officer of an entity with which an authority has contracted under Section 366.182(c) may seize a stolen or insufficiently funded transponder and return it to the authority that issued the transponder.  An insufficiently funded transponder may not be seized before the 30th day after the date that an authority has sent a notice of delinquency to the holder of the account.
(c)  The following entities shall consider offering motor vehicle operators the option of using a transponder to pay tolls without stopping, to mitigate congestion at toll locations, to enhance traffic flow, and to otherwise increase the efficiency of operations:
(1)  the authority;
(2)  an entity to which a project authorized by this chapter is transferred;  or
(3)  a third party service provider under contract with an entity described by Subdivision (1) or (2).
(d)  Transponder account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.61, eff. June 14, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1129 (S.B. 57), Sec. 2, eff. June 19, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.180. Controlled Access to Turnpike Projects

Sec. 366.180.  CONTROLLED ACCESS TO TURNPIKE PROJECTS.  (a)  An authority may designate a turnpike project or a portion of a project as a controlled-access toll road.
(b)  An authority by order may:
(1)  prohibit the use of or access to or from a turnpike project by a motor vehicle, bicycle, other vehicle, or a pedestrian;
(2)  deny access to or from:
(A)  its turnpike projects;
(B)  real property adjacent to its turnpike projects;  or
(C)  a street, road, alley, highway, or other public or private way intersecting its turnpike projects;
(3)  designate locations on its turnpike projects at which access to or from the toll road is permitted;
(4)  control, restrict, and determine the type and extent of access permitted at a designated location of access to the turnpike projects;  or
(5)  erect appropriate protective devices to preserve the utility, integrity, and use of its turnpike projects.
(c)  Denial of access to or from a segment of the state highway system is subject to the approval of the commission.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.181. Promotion of Toll Roads

Sec. 366.181.  PROMOTION OF TOLL ROADS.  An authority may promote the use of its turnpike projects by appropriate means, including advertising or marketing as the authority determines appropriate.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.182. Operation of Turnpike Project

Sec. 366.182.  OPERATION OF TURNPIKE PROJECT.  (a)  An authority shall operate its turnpike projects through a force of toll-takers and other employees of the authority or through services contracted under Subsection (b) or (c).
(b)  An authority may enter into an agreement with one or more persons to provide, on terms and conditions approved by the authority, personnel and services to design, construct, operate, maintain, expand, enlarge, or extend the authority's turnpike projects.
(c)  An authority may contract with any state or local governmental entity for the services of peace officers of that agency.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.183. Audit

Sec. 366.183.  AUDIT.  An authority shall have a certified public accountant audit the authority's books and accounts at least annually.  The cost of the audit may be treated as part of the cost of construction or operation of a turnpike project.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter E. Acquisition, Construction, and Operation of Turnpike Projects › Section 366.184. Disadvantaged Businesses

Sec. 366.184.  DISADVANTAGED BUSINESSES.  (a)  Consistent with general law, an authority shall:
(1)  set goals for the award of contracts to disadvantaged businesses and attempt to meet the goals;
(2)  attempt to identify disadvantaged businesses that provide or have the potential to provide supplies, materials, equipment, or services to the authority;  and
(3)  give disadvantaged businesses full access to the authority's contract bidding process, inform the businesses about the process, offer the businesses assistance concerning the process, and identify barriers to the businesses' participation in the process.
(b)  This section does not exempt an authority from competitive bidding requirements provided by other law.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter F. Governance › Section 366.252. Conflict of Interest

Sec. 366.252.  CONFLICT OF INTEREST.  (a)  A person is not eligible to serve on the board of an authority if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of toll road construction, maintenance, or operation;
(2)  is employed by or participates in the management of a business entity or other organization regulated by the authority or receiving money from the authority;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the authority, other than compensation for acquisition of turnpike right-of-way;
(4)  uses or receives a substantial amount of tangible goods, services, or money from the authority, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses, or for compensation for acquisition of turnpike right-of-way;
(5)  is an officer, employee, or paid consultant of a Texas trade association in the field of road construction, maintenance, or operation;  or
(6)  is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the authority.
(b)  A person may not act as the general counsel to an authority if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the authority.
(c)  In this section, "Texas trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interests.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter F. Governance › Section 366.253. Surety Bonds

Sec. 366.253.  SURETY BONDS.  (a)  Before beginning a term, each director shall execute a surety bond in the amount of $25,000, and the secretary and treasurer shall execute a surety bond in the amount of $50,000.
(b)  Each surety bond must be:
(1)  conditioned on the faithful performance of the duties of office;
(2)  executed by a surety company authorized to transact business in this state;  and
(3)  filed with the secretary of state's office.
(c)  The authority shall pay the expense of the bonds.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter F. Governance › Section 366.254. Removal of Director

Sec. 366.254.  REMOVAL OF DIRECTOR.  (a)  It is a ground for removal of a director from the board if the director:
(1)  did not have at the time of appointment the qualifications required by Section 366.251(e);
(2)  whether at the time of appointment or at any time during the director's term, is ineligible under Section 366.251(g) or 366.252 to serve as a director;
(3)  cannot discharge the director's duties for a substantial part of the term for which the director is appointed because of illness or disability;  or
(4)  is absent from more than half of the regularly scheduled board meetings that the director is eligible to attend during a calendar year.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a director exists.
(c)  If the administrative head of the authority has knowledge that a potential ground for removal exists, that person shall notify the presiding officer of the board of the ground.  The presiding officer shall then notify the person that appointed the director that a potential ground for removal exists.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1305, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter F. Governance › Section 366.255. Compensation of Director

Sec. 366.255.  COMPENSATION OF DIRECTOR.  Each director is entitled to reimbursement for the director's actual expenses necessarily incurred in the performance of the director's duties.  A director is not entitled to any additional compensation for the director's services.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter F. Governance › Section 366.256. Evidence of Authority Actions

Sec. 366.256.  EVIDENCE OF AUTHORITY ACTIONS.  Actions of an authority are the actions of its board and may be evidenced in any legal manner, including a board resolution.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.