reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter F. Governance › Section 366.257. Public Access

Sec. 366.257.  PUBLIC ACCESS.  An authority shall:
(1)  make and implement policies that provide the public with a reasonable opportunity to appear before the board to speak on any issue under the jurisdiction of the authority;  and
(2)  prepare and maintain a written plan that describes how an individual who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the authority's programs.
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 366.2575. Board Vote on County Request

Sec. 366.2575.  BOARD VOTE ON COUNTY REQUEST.  On request of the commissioners court of a county of an authority, the board shall vote on whether to build a project that the county requests.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.09, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter F. Governance › Section 366.258. Indemnification

Sec. 366.258.  INDEMNIFICATION.  (a)  An authority may indemnify one or more of its directors or officers for necessary expenses and costs, including attorney's fees, incurred by the directors or officers in connection with any claim asserted against the directors or officers in their respective capacities as directors or officers.
(b)  If an authority does not fully indemnify a director or officer as provided by Subsection (a), the court in a proceeding in which any claim against the director or officer is asserted or any court with jurisdiction of an action instituted by the director or officer on a claim for indemnity may assess indemnity against the authority, its receiver, or trustee only if the court finds that, in connection with the claim, the director or officer is not guilty of negligence or misconduct.
(c)  A court may not assess indemnity under Subsection (b) for an amount paid by the director or officer to the authority.
(d)  This section applies to a current or former director or officer 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 F. Governance › Section 366.259. Purchase of Liability Insurance

Sec. 366.259.  PURCHASE OF LIABILITY INSURANCE.  (a)  An authority shall insure its officers and employees from liability arising from the use, operation, or maintenance of equipment that is used or may be used in connection with the laying out, construction, or maintenance of the authority's turnpike projects.
(b)  Insurance coverage under this section must be provided by the purchase of a policy of liability insurance from a reliable insurance company authorized to do business in this state.  The form of the policy must be approved by the commissioner of insurance.
(c)  This section is not a waiver of immunity of the authority or the counties in an authority from liability for the torts or negligence of an officer or employee of an authority.
(d)  In this section, "equipment" includes an automobile, motor truck, trailer, aircraft, motor grader, roller, tractor, tractor power mower, and other power equipment.
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 366.260. Certain Contracts and Sales Prohibited

Sec. 366.260.  CERTAIN CONTRACTS AND SALES PROHIBITED.  (a)  A director, agent, or employee of an authority may not:
(1)  contract with the authority;  or
(2)  be directly or indirectly interested in:
(A)  a contract with the authority;  or
(B)  the sale of property to the authority.
(b)  A person who violates Subsection (a) is liable for a civil penalty to the authority not to exceed $1,000.
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 366.261. Strategic Plans and Annual Reports

Sec. 366.261.  STRATEGIC PLANS AND ANNUAL REPORTS.  (a)  An authority shall make a strategic plan for its operations.  A majority of the commissioners courts of the counties composing the authority shall by concurrent resolution determine the types of information required to be included in the strategic plan.  Each even-numbered year, an authority shall issue a plan covering the next five fiscal years, beginning with the next odd-numbered fiscal year.
(b)  Not later than June 30 of each year, an authority shall file with the commissioners court of each county of the authority a written report on the authority's activities describing all turnpike revenue bond issuances anticipated for the coming year, the financial condition of the authority, all project schedules, and the status of the authority's performance under the most recent strategic plan. At the invitation of a commissioners court of a county in the authority, representatives of the board and the administrative head of an authority shall appear before the commissioners court to present the report and receive questions and comments.
(c)  The authority shall give notice to the commissioners court of each county of the authority not later than the 90th day before the date of issuance of revenue bonds.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 782 (H.B. 2549), 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 F. Governance › Section 366.262. Meetings by Telephone Conference Call

Sec. 366.262.  MEETINGS BY TELEPHONE CONFERENCE CALL.  (a)  Chapter 551, Government Code, does not prohibit any open or closed meeting of the board, a committee of the board, or the staff, or any combination of the board or staff, from being held by telephone conference call.
(b)  A telephone conference call meeting is subject to the notice requirements applicable to other meetings.
(c)  Notice of a telephone conference call meeting that by law must be open to the public must specify the location of the meeting.  The location must be a conference room of the authority or other facility in a county of the authority that is accessible to the public.
(d)  Each part of the telephone conference call meeting that by law must be open to the public shall be audible to the public at the location specified in the notice and shall be tape-recorded or documented by written minutes.  On conclusion of the meeting, the tape recording or the written minutes of the meeting shall be made available to the public.
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 G. Aid for Regional Turnpike Projects › Section 366.301. Department Contributions to Turnpike Projects

Sec. 366.301.  DEPARTMENT CONTRIBUTIONS TO TURNPIKE PROJECTS.  (a)  To the extent permitted by the Texas Constitution, the department may agree with an authority to provide for or contribute to the payment of costs of financial or engineering and traffic feasibility studies and the design, financing, acquisition, construction, operation, or maintenance of a turnpike project or system on terms agreed on by the commission or department, as applicable, and the authority.  The agreement may not be inconsistent with the rights of the bondholders or persons operating the turnpike project under a lease or other contract.
(b)  The department may use its engineering and other personnel, including consulting engineers and traffic engineers, to conduct feasibility studies under Subsection (a).
(c)  An obligation or expense incurred by the commission or department under this section is a part of the cost of the turnpike project for which the obligation or expense was incurred.  The commission or department shall require money contributed by the commission or department under this section to be repaid.  The commission or department may require the money to be repaid from tolls or other revenue of the turnpike project or system on which the money was spent.  Money repaid as required by the commission or department shall be deposited to the credit of the fund from which the contribution was made.  Money deposited as required by this section is exempt from the application of Section 403.095, Government Code.
(d)  The commission or department may use federal money for any purpose described by this chapter.
(e)  An action of an authority taken under this chapter must comply with the requirements of applicable federal law, including provisions relating to the role of metropolitan planning organizations under federal law and the approval of projects for conformity with the state implementation plan relating to air quality, the use of toll revenue, and the use of the right-of-way of and access to federal-aid highways.  Notwithstanding an action of an authority taken under this chapter, the commission or the department may take any action that in its reasonable judgment is necessary to comply with any federal requirement to enable this state to receive federal-aid highway funds.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1237, Sec. 6, eff. Nov. 6, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.02, eff. June 11, 2007.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 39, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter G. Aid for Regional Turnpike Projects › Section 366.302. Agreements to Construct, Maintain, and Operate Turnpike Projects

Sec. 366.302.  AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE TURNPIKE PROJECTS.  (a)  An authority may enter into an agreement with a public or private entity, including a toll road corporation, the United States, a state of the United States, the United Mexican States, a state of the United Mexican States, a local governmental entity, or another political subdivision, to permit the entity, jointly with the authority, to study the feasibility of a turnpike project or system or to acquire, design, finance, construct, maintain, repair, operate, extend, or expand a turnpike project or system.
(b)  An authority has broad discretion to negotiate provisions in a development agreement with a private entity.  The provisions may include provisions relating to:
(1)  the design, financing, construction, maintenance, and operation of a turnpike project or system in accordance with standards adopted by the authority;  and
(2)  professional and consulting services to be rendered under standards adopted by the authority in connection with a turnpike project or system.
(c)  An authority may not incur a financial obligation on behalf of, or otherwise guarantee the obligations of, a private entity that constructs, maintains, or operates a turnpike project or system.
(d)  An authority or a county in an authority is not liable for any financial or other obligation of a turnpike project solely because a private entity constructs, finances, or operates any part of a turnpike project or system.
(e)  An authority may authorize the investment of public and private money, including debt and equity participation, to finance a function described by this section.
(f)  If an authority enters into an agreement with a private entity that includes the collection by the private entity of tolls for the use of a turnpike project or system, the private entity shall submit to the authority for approval:
(1)  the methodology for:
(A)  the setting of tolls; and
(B)  increasing the amount of the tolls;
(2)  a plan outlining methods the entity will use to collect the tolls, including:
(A)  any charge to be imposed as a penalty for late payment of a toll; and
(B)  any charge to be imposed to recover the cost of collecting a delinquent toll; and
(3)  any proposed change in an approved methodology for the setting of a toll or a plan for collecting the toll.
(g)  An agreement with a private entity that includes the collection by the private entity of tolls for the use of a turnpike project or system may not be for a term longer than 50 years.
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. 2.67, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter G. Aid for Regional Turnpike Projects › Section 366.303. Agreements Between Authority and Local Governmental Entities

Sec. 366.303.  AGREEMENTS BETWEEN AUTHORITY AND LOCAL GOVERNMENTAL ENTITIES.  (a)  A local governmental entity other than a nonprofit corporation may, consistent with the Texas Constitution, issue bonds or enter into and make payments under agreements with an authority to acquire, construct, maintain, or operate a turnpike project or system.  The entity may levy and collect taxes to pay the interest on the bonds and to provide a sinking fund for the redemption of the bonds.
(b)  In addition to the powers provided by Subsection (a), a local governmental entity may, within any applicable constitutional limitations, agree with an authority to issue bonds or enter into and make payments under an agreement to acquire, construct, maintain, or operate any portion of a turnpike project or system of that authority.
(c)  To make payments under an agreement under Subsection (b), to pay the interest on bonds issued under Subsection (b), or to provide a sinking fund for the bonds or the contract, a local governmental entity may:
(1)  pledge revenue from any available source, including annual appropriations;
(2)  levy and collect taxes;  or
(3)  provide for a combination of Subdivisions (1) and (2).
(d)  The term of an agreement under this section may not exceed 40 years.
(e)  Any election required to permit action under this subchapter must be held in conformity with Chapter 1251, Government Code, or other law applicable to the local governmental entity.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.393, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter G. Aid for Regional Turnpike Projects › Section 366.304. Additional Agreements of Authority

Sec. 366.304.  ADDITIONAL AGREEMENTS OF AUTHORITY.  An authority may enter into any agreement necessary or convenient to achieve the purposes of this subchapter.
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 H. Comprehensive Development Agreements › Section 366.401. Comprehensive Development Agreements

Sec. 366.401.  COMPREHENSIVE DEVELOPMENT AGREEMENTS.  (a)  An authority may use a comprehensive development agreement with a private entity to design, develop, finance, construct, maintain, repair, operate, extend, or expand a turnpike project.
(b)  A comprehensive development agreement is an agreement with a private entity that, at a minimum, provides for the design, construction, rehabilitation, expansion, or improvement of a turnpike project and may also provide for the financing, acquisition, maintenance, or operation of a turnpike project.
(c)  An authority may negotiate provisions relating to professional and consulting services provided in connection with a comprehensive development agreement.
(d)  An authority may authorize the investment of public and private money, including debt and equity participation, to finance a function described by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter H. Comprehensive Development Agreements › Section 366.403. Confidentiality of Information

Sec. 366.403.  CONFIDENTIALITY OF INFORMATION.  (a)  To encourage private entities to submit proposals under this subchapter, the following information is confidential, is not subject to disclosure, inspection, or copying under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for its release until a final contract for a proposed project is entered into:
(1)  all or part of a proposal that is submitted by a private entity for a comprehensive development agreement, except information provided under Sections 366.402(b)(1) and (2), unless the private entity consents to the disclosure of the information;
(2)  supplemental information or material submitted by a private entity in connection with a proposal for a comprehensive development agreement unless the private entity consents to the disclosure of the information or material; and
(3)  information created or collected by an authority or its agent during consideration of a proposal for a comprehensive development agreement or during the authority's preparation of a proposal to the department relating to a comprehensive development agreement.
(b)  After an authority completes its final ranking of proposals under Section 366.402(h), the final rankings of each proposal under each of the published criteria are not confidential.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter H. Comprehensive Development Agreements › Section 366.404. Performance and Payment Security

Sec. 366.404.  PERFORMANCE AND PAYMENT SECURITY.  (a)  Notwithstanding the requirements of Subchapter B, Chapter 2253, Government Code, an authority shall require a private entity entering into a comprehensive development agreement under this subchapter to provide a performance and payment bond or an alternative form of security in an amount sufficient to:
(1)  ensure the proper performance of the agreement; and
(2)  protect:
(A)  the authority; and
(B)  payment bond beneficiaries who have a direct contractual relationship with the private entity or a subcontractor of the private entity to supply labor or material.
(b)  A performance and payment bond or alternative form of security shall be in an amount equal to the cost of constructing or maintaining the project.
(c)  If an authority determines that it is impracticable for a private entity to provide security in the amount described by Subsection (b), the authority shall set the amount of the bonds or the alternative forms of security.
(d)  A payment or performance bond or alternative form of security is not required for the portion of an agreement that includes only design or planning services, the performance of preliminary studies, or the acquisition of real property.
(e)  The amount of the payment security must not be less than the amount of the performance security.
(f)  In addition to, or instead of, performance and payment bonds, an authority may require the following alternative forms of security:
(1)  a cashier's check drawn on a financial entity specified by the authority;
(2)  a United States bond or note;
(3)  an irrevocable bank letter of credit; or
(4)  any other form of security determined suitable by the authority.
(g)  An authority by rule shall prescribe requirements for alternative forms of security provided under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter H. Comprehensive Development Agreements › Section 366.405. Ownership of Turnpike Projects

Sec. 366.405.  OWNERSHIP OF TURNPIKE PROJECTS.  (a)  A turnpike project that is the subject of a comprehensive development agreement with a private entity, including the facilities acquired or constructed on the project, is public property and is owned by the authority.
(b)  Notwithstanding Subsection (a), an authority may enter into an agreement that provides for the lease of rights-of-way, the granting of easements, the issuance of franchises, licenses, or permits, or any lawful uses to enable a private entity to construct, operate, and maintain a turnpike project, including supplemental facilities.  At the termination of the agreement, the turnpike project, including the facilities, are to be in a state of proper maintenance as determined by the authority and shall be returned to the authority in satisfactory condition at no further cost.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter H. Comprehensive Development Agreements › Section 366.406. Liability for Private Obligations

Sec. 366.406.  LIABILITY FOR PRIVATE OBLIGATIONS.  An authority may not incur a financial obligation for a private entity that designs, develops, finances, constructs, operates, or maintains a turnpike project.  The authority or a political subdivision of the state is not liable for any financial or other obligation of a turnpike project solely because a private entity constructs, finances, or operates any part of the project.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter H. Comprehensive Development Agreements › Section 366.408. Rules, Procedures, and Guidelines Governing Selection and Negotiating Process

Sec. 366.408.  RULES, PROCEDURES, AND GUIDELINES GOVERNING SELECTION AND NEGOTIATING PROCESS.  (a)  To promote fairness, obtain private participants in turnpike projects, and promote confidence among those participants, an authority shall adopt rules, procedures, and other guidelines governing selection of private participants for comprehensive development agreements and negotiations of comprehensive development agreements.  The rules must contain criteria relating to the qualifications of the participants and the award of the contracts.
(b)  An authority shall have up-to-date procedures for participation in negotiations under this subchapter.
(c)  An authority has exclusive judgment to determine the terms of an agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter H. Comprehensive Development Agreements › Section 366.409. Use of Contract Payments

Sec. 366.409.  USE OF CONTRACT PAYMENTS.  (a)  Payments received by an authority under a comprehensive development agreement shall be used by the authority to finance the construction, maintenance, or operation of a turnpike project or a highway.
(b)  The authority shall allocate the distribution of funds received under Subsection (a) to the counties of the authority based on the percentage of toll revenue from users, from each county, of the project that is the subject of the comprehensive development agreement.  To assist the authority in determining the allocation, each entity responsible for collecting tolls for a project shall calculate on an annual basis the percentage of toll revenue from users of the project from each county within the authority based on the number of recorded electronic toll collections.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.03, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.001. Applicability of Subchapter

Sec. 367.001.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to a municipality any part of the municipal boundaries of which is within 15 miles of a section of the Rio Grande that forms the border between this state and the United Mexican States.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.002. Definition

Sec. 367.002.  DEFINITION.  In this subchapter, "toll bridge" includes:
(1)  any part of the physical property comprising a toll bridge;
(2)  a permit, grant, franchise, right, or privilege granted or extended by the United States, the United Mexican States, or a state or political subdivision of either nation, for or related to the construction, maintenance, or operation of a toll bridge, or to the collection of a toll or charge for use of the toll bridge;
(3)  an interest in real property in either the United States or the United Mexican States that is held or used for or incident to the construction, maintenance, or operation of the toll bridge or an approach to the toll bridge or for the use or occupancy of any building or other structure, appurtenance, appliance, road or street, railroad, park, grounds, or convenience or facility of any kind relating to or incident to the toll bridge;
(4)  a building or other structure, appurtenance, appliance, equipment, convenience, or facility of any kind held or used for or incident to the construction, maintenance, or operation of the toll bridge;
(5)  a lease or contract of any kind for the use or occupancy of that real property, building or other structure, convenience, appliance, or facility;  and
(6)  any other right or property used for or incident to the construction, maintenance, or operation of the toll bridge.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.003. Authority of Municipality in Relation to Toll Bridge

Sec. 367.003.  AUTHORITY OF MUNICIPALITY IN RELATION TO TOLL BRIDGE.  For any public purpose, a municipality may acquire, construct, improve, enlarge, equip, operate, or maintain a toll bridge over a section of the Rio Grande that forms the border between this state and the United Mexican States.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.004. Authority of Municipality to Enter Into Contracts

Sec. 367.004.  AUTHORITY OF MUNICIPALITY TO ENTER INTO CONTRACTS.  For the purpose of taking an action authorized by this subchapter, a municipality may enter into and perform a contract, agreement, or undertaking required by the United States, the United Mexican States, or a department, officer, governmental agency, or public authority of either nation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.005. Authority to Issue Revenue Bonds

Sec. 367.005.  AUTHORITY TO ISSUE REVENUE BONDS.  To provide money to acquire, construct, improve, enlarge, or equip a toll bridge, a part of a toll bridge, or a related building, structure, or other facility for a public purpose, the governing body of a municipality may issue revenue bonds that are payable from and secured by a lien on and pledge of all or any part of the revenue, income, or receipts the municipality receives from its ownership and operation of:
(1)  a portion of a toll bridge over the Rio Grande;  and
(2)  any other property, building, structure, activity, or facility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.006. Interim Financing

Sec. 367.006.  INTERIM FINANCING.  (a)  Pending the issuance of revenue bonds under this subchapter, a municipality may:
(1)  spend, in connection with a toll bridge, money that is not required by law to be used for another purpose;  or
(2)  issue notes for an expenditure described by Subdivision (1).
(b)  A municipality may use proceeds of revenue bonds issued under this subchapter to repay money spent under Subsection (a).
(c)  Notes issued under Subsection (a) may have any characteristic the governing body considers appropriate and:
(1)  bear rates of interest, be payable from available sources, and be secured in the same manner as revenue bonds issued under this subchapter;  or
(2)  be payable from:
(A)  the proceeds of refunding bonds issued under this subchapter;  or
(B)  both revenue bonds and refunding bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.007. Maturity

Sec. 367.007.  MATURITY.  A bond issued under this subchapter must mature not later than 50 years after its date of issuance.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.008. Pledge of Revenue

Sec. 367.008.  PLEDGE OF REVENUE.  A municipality may pledge to the payment of bonds issued under this subchapter, including the principal of, interest on, and any other amount required or permitted to be paid in connection with the bonds, all or any part of its revenue, income, or receipts from:
(1)  a toll or charge authorized by Section 367.011;  or
(2)  another resource.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.009. Additional Security

Sec. 367.009.  ADDITIONAL SECURITY.  (a)  Bonds issued under this subchapter may be additionally secured by:
(1)  a mortgage or deed of trust on any real property owned by the municipality;  or
(2)  a chattel mortgage or lien on any personal property appurtenant to that real property.
(b)  The governing body of the municipality may authorize the execution of a trust indenture, mortgage, deed of trust, or other form of encumbrance as evidence of the debt.
(c)  The municipality may pledge to the payment of the bonds all or part of any grant, donation, revenue, or income received or to be received from the United States or any other public or private source whether under an agreement or otherwise.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.010. Additional Bonds

Sec. 367.010.  ADDITIONAL BONDS.  An ordinance authorizing the issuance of bonds under this subchapter may provide for the subsequent issuance of additional parity or subordinate lien bonds under terms specified in the ordinance.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.011. Tolls and Charges

Sec. 367.011.  TOLLS AND CHARGES.  (a)  The governing body of a municipality may impose and collect tolls and other charges for the use or availability of a toll bridge of the municipality.
(b)  The governing body of the municipality shall impose and collect pledged tolls and charges in an amount that will be at least sufficient, with any other pledged resource, to provide for the payment of:
(1)  principal of and interest on and any other amount required to be paid in connection with the bonds;  and
(2)  to the extent required by the ordinance authorizing issuance of the bonds:
(A)  expenses incurred in connection with the bonds;  and
(B)  operation, maintenance, and other expenses in connection with the toll bridge.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.012. Public Purpose

Sec. 367.012.  PUBLIC PURPOSE.  The acquisition, construction, improvement, enlargement, or equipment by a municipality of property or a building, structure, or other facility for lease to and the donation of property or a building, structure, or other facility by a municipality to the United States for use in performing a federal governmental function in the municipality or at or near and relating to a toll bridge of the municipality is a public purpose and a proper municipal function, regardless of whether the toll bridge or the federal facility relating to the toll bridge is located inside or outside the municipality.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 58 (S.B. 1334), Sec. 3, eff. May 18, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.013. Lease, Rental, or Donation of Facility to United States

Sec. 367.013.  LEASE, RENTAL, OR DONATION OF FACILITY TO UNITED STATES.  A municipality may lease, rent, or donate to the United States property or a building, structure, or other facility acquired, constructed, improved, enlarged, or equipped in whole or in part with proceeds from the sale of bonds issued under this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 58 (S.B. 1334), Sec. 4, eff. May 18, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.014. Refunding Bonds and Notes

Sec. 367.014.  REFUNDING BONDS AND NOTES.  (a)  A municipality may refund or otherwise refinance bonds or notes issued under this subchapter by issuing refunding bonds under any terms provided by ordinance of the governing body of the municipality.
(b)  All appropriate provisions of this subchapter apply to the refunding bonds.  The refunding bonds shall be issued in the manner provided by this subchapter for other bonds.
(c)  The refunding bonds may be sold and delivered in amounts sufficient to pay the principal of and interest and any redemption premium on the bonds or notes to be refunded, at maturity or on any redemption date.
(d)  The refunding bonds may be issued to be exchanged for the bonds or notes to be refunded.  In that case, the comptroller shall register the refunding bonds and deliver them to the holder of the bonds or notes to be refunded as provided by the ordinance authorizing the refunding bonds.  The exchange may be made in one delivery or in installment deliveries.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.015. Sale of Bonds or Notes

Sec. 367.015.  SALE OF BONDS OR NOTES.  A municipality may sell bonds or notes issued under this subchapter in the manner and on the terms provided by the ordinance authorizing the issuance of the bonds or notes.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.016. Bonds and Notes Not Payable From Taxes

Sec. 367.016.  BONDS AND NOTES NOT PAYABLE FROM TAXES.  A bond or note issued under this subchapter:
(1)  is payable only from the revenue or another resource of the municipality;  and
(2)  is not a tax obligation of the municipality.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter A. General Authority Relating to Toll Bridges › Section 367.017. Conflict or Inconsistency With Other Law

Sec. 367.017.  CONFLICT OR INCONSISTENCY WITH OTHER LAW.  When bonds or notes are being issued under this subchapter, to the extent of any conflict or inconsistency between this subchapter and another law, this subchapter controls.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.051. Authority to Acquire Toll Bridge

Sec. 367.051.  AUTHORITY TO ACQUIRE TOLL BRIDGE.  (a)  A municipality may acquire a toll bridge that is located over a section of the Rio Grande that forms the border between this state and the United Mexican States and that is inside or within 15 miles of its municipal boundaries by purchasing:
(1)  the entire toll bridge;  or
(2)  that part of the toll bridge that is located in this state.
(b)  The municipality is not required to:
(1)  give or publish notice of its intent to acquire a toll bridge under this subchapter;  or
(2)  advertise or call for competitive bids in connection with the acquisition of a toll bridge under this subchapter.
(c)  The municipality may acquire a toll bridge owned by a private corporation by purchasing the toll bridge itself or by purchasing all of the capital stock of the corporation or a sufficient amount of the stock as required by law to dissolve and liquidate the corporation.  The municipality may take title to the stock in the name of the municipality or in the name of a trustee for the municipality.  After purchasing the stock, the municipality or its trustee shall:
(1)  vote its shares in the corporation as necessary to vest title to the toll bridge, together with any associated right or property described by Section 367.052 to be acquired in connection with the acquisition of the toll bridge, in the municipality;  and
(2)  immediately dissolve and liquidate the corporation, pay its debts, liabilities, and obligations, wind up its business and affairs, and convey the properties to the municipality.
(d)  The purchase and acquisition of toll bridge property or stock in a corporation under this section must be made at the price and on the terms agreed on by the owners of the property or stock and the governing body of the municipality.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.052. Rights and Properties Associated With Toll Bridge

Sec. 367.052.  RIGHTS AND PROPERTIES ASSOCIATED WITH TOLL BRIDGE.  When a municipality acquires a toll bridge under Section 367.051, the municipality may, as determined by the governing body of the municipality, acquire any or all of the following items in connection with the toll bridge:
(1)  a permit, grant, franchise, right, or privilege granted or extended by the United States, the United Mexican States, or a department, officer, agency, governmental authority, state, municipality, or political subdivision of either nation, for or related to the construction, maintenance, or operation of the toll bridge or the collection of a toll or charge for the use of the toll bridge;
(2)  an interest in real property in either the United States or the United Mexican States that is held or used for or incident to the construction, maintenance, or operation of the toll bridge or an approach to it, or for the use or occupancy of any building or other structure, appurtenance, appliance, road or street, park, grounds, or convenience or facility of any kind relating to or incident to the construction, maintenance, or operation of the toll bridge;
(3)  a building or other structure, appurtenance, appliance, equipment, convenience, or facility of any kind held or used for or incident to the construction, maintenance, or operation of the toll bridge;
(4)  a lease or contract of any kind for the use or occupancy of that real property or a building or other structure, convenience, appliance, or facility;  or
(5)  any other right or property used for or incident to the construction, maintenance, or operation of the toll bridge.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.053. Liberal Construction

Sec. 367.053.  LIBERAL CONSTRUCTION.  This subchapter shall be liberally construed to effect its purposes.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.054. Powers to Be Exercised by Ordinance; Election Not Required

Sec. 367.054.  POWERS TO BE EXERCISED BY ORDINANCE;  ELECTION NOT REQUIRED.  (a)  The governing body of a municipality may exercise a power, right, privilege, or function conferred by this subchapter on the municipality only by adopting an ordinance to authorize the action.
(b)  A referendum or election by the voters of the municipality is not necessary to authorize:
(1)  the adoption of an ordinance under Subsection (a);  or
(2)  the taking of an action to accomplish a purpose of this subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.055. General Powers of Municipality Acquiring Toll Bridge

Sec. 367.055.  GENERAL POWERS OF MUNICIPALITY ACQUIRING TOLL BRIDGE.  (a)  A municipality that acquires a toll bridge under this subchapter may:
(1)  maintain, operate, own, hold, control, repair, improve, extend, or replace the toll bridge;
(2)  renew or extend an existing franchise and obtain a new or additional franchise for the bridge;  and
(3)  take any action required for maintaining or operating the bridge, conducting the bridge's business, or providing services to the public and to the users of the bridge.
(b)  To accomplish the purposes of this section the municipality may enter into and perform a contract, agreement, or undertaking of any kind required by the United States or the United Mexican States or a department, officer, governmental agency, or public authority of either nation.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.056. Recreational Facilities

Sec. 367.056.  RECREATIONAL FACILITIES.  (a)  In connection with the maintenance and operation of the toll bridge, a municipality may acquire real property that is either inside or outside the municipal boundaries and that is adjacent to the toll bridge or the municipality to construct, maintain, or operate a park, recreational grounds or facilities, a camp, quarters, accommodations, or other facility for the use and convenience of the public.
(b)  The municipality may manage, police, and regulate those facilities and may adopt and enforce reasonable rules for those facilities without regard to whether the toll bridge is located inside or outside the municipality.
(c)  The governing body of the municipality may impose and collect a fee, rental, or other charge for the use of a facility established under this section.  The charge must be just, reasonable, and nondiscriminatory.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 367 - Municipal Toll Bridges Over Rio Grande › Subchapter B. Acquiring Existing Bridge; Building Replacement or Additional Bridge › Section 367.058. Authority to Borrow Money or Accept Federal Assistance

Sec. 367.058.  AUTHORITY TO BORROW MONEY OR ACCEPT FEDERAL ASSISTANCE.  (a)  To accomplish the purposes of this subchapter, a municipality may:
(1)  borrow money from any person or corporation;  or
(2)  borrow money or accept grants from the United States or a corporation or agency created by or authorized to act as an agency of the United States.
(b)  In connection with a loan or grant under Subsection (a)(2), a municipality may enter into any related agreement that the United States, corporation, or agency requires.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 25, eff. Sept. 1, 1999.