2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter B. Creation and Powers of Regional Tollway Authorities › Section 366.033. General Powers

Sec. 366.033.  GENERAL POWERS.  (a)  An authority, acting through its board, without state approval, supervision, or regulation, may:
(1)  adopt rules for the regulation of its affairs and the conduct of its business;
(2)  adopt an official seal;
(3)  study, evaluate, design, acquire, construct, maintain, repair, and operate turnpike projects, individually or as one or more systems;
(4)  acquire, hold, and dispose of property in the exercise of its powers and the performance of its duties under this chapter;
(5)  enter into contracts or operating agreements with similar authorities or agencies of the United States, a state of the United States, the United Mexican States, or a state of the United Mexican States;
(6)  enter into contracts or agreements necessary or incidental to its duties and powers under this chapter;
(7)  cooperate and work directly with property owners and governmental agencies and officials to support an activity required to promote or develop a turnpike project or system;
(8)  employ and set the compensation and benefits of administrators, consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, full-time and part-time employees, agents, consultants, and such other persons as the authority considers necessary or useful;
(9)  receive loans, gifts, grants, and other contributions for the construction of a turnpike project or system and receive contributions of money, property, labor, or other things of value from any source, including the United States, a state of the United States, the United Mexican States, a state of the United Mexican States, the commission, the department, any subdivision of the state, or any other local governmental or private entity, to be used for the purposes for which the grants or contributions are made, and enter into any agreement necessary for the grants or contributions;
(10)  install, construct, maintain, repair, renew, relocate, and remove public utility facilities in, on, along, over, or under a turnpike project;
(11)  organize a corporation under Chapter 431 for the promotion and development of turnpike projects and systems;
(12)  adopt and enforce rules not inconsistent with this chapter for the use of any turnpike project or system, including traffic and other public safety rules;
(13)  enter into leases, operating agreements, service agreements, licenses, franchises, and similar agreements with public or private parties governing the parties' use of all or any portion of a turnpike project and the rights and obligations of the authority with respect to a turnpike project;  and
(14)  do all things necessary or appropriate to carry out the powers expressly granted by this chapter.
(b)  Rules adopted by the authority must be published in a newspaper with general circulation in the area in which the authority is located once each week for two consecutive weeks after adoption of the rule.  The notice must contain a condensed statement of the substance of the rule and must advise that a copy of the complete text of the rule is filed in the principal office of the authority where the text may be read by any person.  A rule takes effect 10 days after the date of the second publication of the notice under this subsection.
(c)  Property comprising a part of a turnpike project or a system is not subject to condemnation or the power of eminent domain by any person, including a governmental entity.
(d)  An authority may, if requested by the commission, perform any function not specified by this chapter to promote or develop turnpike projects and systems in this state.
(e)  An authority may sue and be sued and plead and be impleaded in its own name.
(f)  An authority may rent, lease, franchise, license, or otherwise make portions of any property of the authority, including tangible or intangible property, available for use by others in furtherance of its powers under this chapter by increasing:
(1)  the feasibility or efficient operation of a turnpike project or system; or
(2)  the revenue of the authority.
(g)  An authority and any local governmental entity may enter into a contract under which the authority will operate a turnpike project or system on behalf of the local governmental entity.  An authority may enter into a contract with the department under which the authority will operate a turnpike project or system on behalf of the department.
(h)  The payments to be made to an authority under a contract described by Subsection (g) shall constitute operating expenses of the facility or system that is to be operated under the contract, and the contract may extend for a number of years as the parties agree.
(i)  An authority shall adopt a written drug and alcohol policy restricting the use of controlled substances by employees of the authority, prohibiting the consumption of alcoholic beverages by employees while on duty, and prohibiting employees from working for the authority while under the influence of controlled substances or alcohol.  An authority may adopt policies regarding the testing of employees suspected of being in violation of the authority's drug and alcohol policy.  The policy shall provide that, unless required by court order or permitted by the person who is the subject of the testing, the authority shall keep the results of the test confidential.
(j)  An authority shall adopt written procedures governing its procurement of goods and services that are consistent with general laws applicable to the authority.
(k)  If an authority enters into a contract or agreement to design, finance, construct, operate, maintain, or perform any other function for a turnpike project, system, or improvement authorized by law on behalf of a local governmental entity, the commission, the department, a regional mobility authority, or any other entity, the contract or agreement may provide that the authority, in performing the function, is governed by the applicable provisions of this chapter and the rules and procedures adopted by the authority under this chapter, in lieu of the laws, rules, or procedures applicable to the other party for the performance of the same function.
(l)  An authority, acting through its board, may agree with another entity to acquire a turnpike project or system from that entity and to assume any debts, obligations, and liabilities of the entity relating to a turnpike project or system transferred to the authority.
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. 2.58, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.04, eff. June 11, 2007.