reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter E. Judicial Proceedings › Section 315.091. Suit on Lien

Sec. 315.091.  SUIT ON LIEN.  Personal liability established under Section 315.072 may be enforced by bringing suit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter E. Judicial Proceedings › Section 315.092. Suit to Contest Assessment or Proceeding

Sec. 315.092.  SUIT TO CONTEST ASSESSMENT OR PROCEEDING.  (a)  A person who has an interest in property that may be subject to assessment under this chapter or who has any other financial interest in a proposed lighting improvement or the manner in which the cost of the proposed improvement is to be paid may bring suit to contest on any ground:
(1)  the validity of a proceeding held on the making of the improvement;  or
(2)  the validity in whole or in part of an assessment, lien, or personal liability imposed by the proceeding.
(b)  A suit under this section must be brought not later than the 10th day after the date on which the hearing under Section 315.066 concludes.
(c)  The municipality and any person to whom a contract has been awarded shall be made defendants in a suit under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter E. Judicial Proceedings › Section 315.093. Estoppel

Sec. 315.093.  ESTOPPEL.  (a)  A person who does not bring suit within the period prescribed by Section 315.092 or who does not diligently and in good faith prosecute a suit to final judgment may not contest or raise as a defense in another action the validity of a proceeding or an assessment, lien, or personal liability imposed by the proceeding.
(b)  Estoppel under this section binds a person's heirs, successors, administrators, and assigns.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter E. Judicial Proceedings › Section 315.094. Affidavit

Sec. 315.094.  AFFIDAVIT.  (a)  In a suit brought under Section 315.092, an affidavit must be attached to the plaintiff's petition stating:
(1)  that the matters alleged in the petition are true, except for matters alleged on information and belief;  and
(2)  that the suit is brought in good faith and not to injure or delay the municipality, the contractor, or an owner of abutting property.
(b)  If the plaintiff does not attach the affidavit required by this section, the court shall dismiss the suit on a defendant's motion and the plaintiff is barred to the same extent as if suit had not been brought.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter E. Judicial Proceedings › Section 315.095. Suspension of Work

Sec. 315.095.  SUSPENSION OF WORK.  When suit is brought under Section 315.092, the municipality or the contractor may suspend performance of work until a final judgment is rendered in the case and all appellate remedies are exhausted.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 315 - Artificial Lighting › Subchapter E. Judicial Proceedings › Section 315.096. Appeal

Sec. 315.096.  APPEAL.  (a)  An appeal or writ of error must be perfected not later than the 30th day after the date of adjournment of the term of the court of original jurisdiction during which judgment was rendered in the suit.
(b)  An appeal or writ of error under this section is entitled to precedence in state courts of appellate jurisdiction and shall be heard and determined as soon as practicable.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.001. Definitions

Sec. 316.001.  DEFINITIONS.  In this subchapter:
(1)  "Municipal street" means the entire width of a way held by a municipality in fee or by easement or dedication that has a part open for public use for vehicular travel.  The term does not include a designated state or federal highway or road or a designated county road.
(2)  "Roadway" means the portion of a municipal street that is improved, designed, or ordinarily used for vehicular travel.  The term does not include a curb, berm, or shoulder.
(3)  "Sidewalk" means the portion of a municipal street between the curb lines or lateral lines of a roadway and the adjacent property lines that is improved and designed for or is ordinarily used for pedestrian travel.
(4)  "Sidewalk cafe" means an outdoor dining area that is located on a sidewalk and that contains removable tables, chairs, planters, or related appurtenances.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.002. Permitted Improvements or Facilities on Municipal Street

Sec. 316.002.  PERMITTED IMPROVEMENTS OR FACILITIES ON MUNICIPAL STREET.  (a)  The governing body of a municipality may permit a person described by Subsection (b) to use property in the municipality on which a municipal street is located for the establishment or maintenance of:
(1)  trees or decorative landscaping, including landscaping lighting, watering systems, or other accessories for the maintenance of the trees or landscaping;
(2)  a sidewalk cafe that is:
(A)  contiguous to a restaurant in which food preparation, sanitation, and related services for the cafe are performed;  and
(B)  open to the air, except for any canopy, and not enclosed by fixed walls;
(3)  an ornamental gate, column, or other ornamental work denoting the entrance to a neighborhood or platted and recorded subdivision;
(4)  a supportive or decorative column, arch, or other structural or decorative feature of a building that is:
(A)  of historical value or of unusual architectural design, character, or significance;  and
(B)  50 or more years old at the time of application for a permit for the establishment or maintenance of the feature;  or
(5)  an amenity for the convenience of the public in the use of the municipal streets for pedestrian or vehicular travel, including a transit bus shelter, drinking fountain, or bench.
(b)  The governing body may grant permission under Subsection (a) only to:
(1)  a person who owns the underlying fee title to the real property;  or
(2)  an entity that holds a lease of the property from or has written permission to use the property from a person who owns the underlying fee title to the real property.
(c)  An ornamental work described by Subsection (a)(3) may display the name of the neighborhood or subdivision, but may not contain commercial advertising or other signs.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.003. Finding Required

Sec. 316.003.  FINDING REQUIRED.  An improvement or facility described by Section 316.002(a) may not be established unless the governing body of the municipality, or a municipal official who is designated by ordinance to make the finding, finds that:
(1)  the improvement or facility will not be located on, extend onto, or intrude on:
(A)  the roadway;  or
(B)  a part of the sidewalk needed for pedestrian use;
(2)  the improvement or facility will not create a hazardous condition or obstruction of vehicular or pedestrian travel on the municipal street;  and
(3)  the design and location of the improvement or facility includes all reasonable planning to minimize potential injury or interference to the public in the use of the municipal street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.004. Permit Program

Sec. 316.004.  PERMIT PROGRAM.  (a)  A municipality by ordinance may establish a permit program under this subchapter.
(b)  The governing body of the municipality shall include in the ordinance:
(1)  provisions the governing body determines are necessary or desirable to protect, at the site of an applicant's proposed facility, the public, utility companies, and any person who has the right to use the municipal street;
(2)  provisions that require:
(A)  clearances between the facility or improvement and utility lines that comply with clearances from structures to utility lines required by a nationally recognized building code;
(B)  a permit holder to provide a cash or surety bond in an amount approved by the municipality sufficient to cover the costs for the municipality or a public utility to remove the permit holder's facilities or improvements;  and
(C)  a permit holder to pay the costs to relocate a municipal or public utility facility or improvement in a municipal street associated with the installation of a facility or improvement of the permit holder;  and
(3)  a provision authorizing the municipality or a utility company or other person authorized by the municipality to remove, without liability, any part of a facility for which a permit has been issued if there is a lawful need for the site or for access to the site.
(c)  The governing body may include in the ordinance:
(1)  construction, maintenance, operation, and inspection requirements;
(2)  public liability insurance requirements;
(3)  a requirement that the applicant or permit holder pay for traffic and safety studies;
(4)  provisions for conducting a public hearing on the issuance, renewal, or revocation of a permit, with notice and reporting expenses of the hearing to be paid by the applicant or permit holder;
(5)  a requirement for indemnity agreements by abutting fee title land owners in the form of covenants that run with the title to the abutting land;  or
(6)  a provision that authorizes the governing body, at its discretion, to terminate the permit without notice to the permit holder.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.005. Renewal of Prior Permit

Sec. 316.005.  RENEWAL OF PRIOR PERMIT.  The renewal of a permit issued before April 30, 1985, for an improvement or facility described by Section 316.002(a) must be renewed in the same manner as a permit issued under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.006. Use of Municipal Money or Employee for Permitted Facility

Sec. 316.006.  USE OF MUNICIPAL MONEY OR EMPLOYEE FOR PERMITTED FACILITY.  A municipality may use or permit the use of municipal money or an employee with respect to a facility operated under a permit issued under this subchapter only for inspections or removal.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.007. Improvement or Facility Established or Maintained by Municipality

Sec. 316.007.  IMPROVEMENT OR FACILITY ESTABLISHED OR MAINTAINED BY MUNICIPALITY.  (a)  A municipality may establish or maintain, with municipal money, material, equipment, or personnel, an improvement or facility described by Section 316.002(a)(1) or (5) without a permit, regardless of whether the municipality establishes a permit program under this chapter.
(b)  A municipality must make the finding required by Section 316.003 regarding an improvement or facility the municipality proposes to place on a municipal street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.008. Public and Governmental Actions and Functions of Municipality

Sec. 316.008.  PUBLIC AND GOVERNMENTAL ACTIONS AND FUNCTIONS OF MUNICIPALITY.  The following actions of a municipality are public and governmental actions and functions, are exercised for a public purpose, and are matters of public necessity:
(1)  granting a permit authorized by this subchapter;
(2)  permitting the use of a municipal street for a purpose authorized by Section 316.002 under a permit authorized by this subchapter;  and
(3)  establishing or maintaining, with municipal money, material, equipment, or personnel, an improvement or facility described by Section 316.002(a)(1) or (5).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.009. Right of Abatement

Sec. 316.009.  RIGHT OF ABATEMENT.  This chapter does not impair the right of a municipality or other person to abate an unlawful obstruction or use of a municipal street.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter A. Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities › Section 316.010. Political Subdivision Not Required to Obtain Permit

Sec. 316.010.  POLITICAL SUBDIVISION NOT REQUIRED TO OBTAIN PERMIT.  This chapter does not require a political subdivision of this state to obtain a permit to establish or maintain an improvement or facility authorized by other law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 316 - Use of Municipal Streets and Sidewalks for Public Conveniences and Amenities or for Private Uses › Subchapter B. Use of Streets and Sidewalks for Private Purpose › Section 316.021. Municipal Permission to Use Street or Sidewalk for Private Purpose

Sec. 316.021.  MUNICIPAL PERMISSION TO USE STREET OR SIDEWALK FOR PRIVATE PURPOSE.  A municipality may permit and prescribe the consideration and terms for the use of a portion of a municipal street or sidewalk for a private purpose if the use does not:
(1)  interfere with the public use of the street or sidewalk;  or
(2)  create a dangerous condition on the street or sidewalk.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter A. General Provisions › Section 317.001. Applicability of Chapter

Sec. 317.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a municipality with a population of more than 100,000.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter A. General Provisions › Section 317.002. Definition

Sec. 317.002.  DEFINITION.  In this chapter, "facility" means property that the governing body of a municipality considers necessary for the elimination of a grade-level crossing by a railroad line from a street of the municipality or for the relocation of a railroad line within the municipality, including:
(1)  land;
(2)  a right-of-way;
(3)  an elevated structure;
(4)  a grade separation;
(5)  an underpass or overpass;
(6)  a passenger station, depot, or other building;
(7)  an interchange yard;
(8)  a railroad track;  and
(9)  any other improvement.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter A. General Provisions › Section 317.003. Authority Regarding Facilities

Sec. 317.003.  AUTHORITY REGARDING FACILITIES.  (a)  To decrease hazards to life or property, promote public safety or convenience, improve traffic conditions, or encourage the orderly development of the municipality, a municipality may acquire, construct, improve, enlarge, extend, maintain, repair, or replace a facility.
(b)  Activities authorized by Subsection (a) include:
(1)  removing and relocating railroad tracks, a utility line or pipe, or another improvement;
(2)  removing or demolishing a building or another improvement;
(3)  paying for damage to other property in connection with an activity described by that subsection;  or
(4)  improving a street in connection with an activity described by that subsection.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter A. General Provisions › Section 317.004. Applicability of Other Law

Sec. 317.004.  APPLICABILITY OF OTHER LAW.  Except to the extent that it conflicts or is inconsistent with this chapter, Subchapter B, Chapter 1502, Government Code,  applies to revenue bonds issued under this chapter, and a municipality to which this chapter applies has, with respect to a revenue bond issued under this chapter, each power granted by that subchapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter A. General Provisions › Section 317.005. Conflict or Inconsistency With Municipal Charter

Sec. 317.005.  CONFLICT OR INCONSISTENCY WITH MUNICIPAL CHARTER.  To the extent of a conflict or inconsistency between this chapter and a municipal charter, this chapter controls.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter A. General Provisions › Section 317.006. Agreements

Sec. 317.006.  AGREEMENTS.  (a)  In this section, "agreement" includes a contract, lease, conveyance, contract of sale, or lease-purchase contract.
(b)  The governing body of a municipality may enter into an agreement with any person with respect to a facility, including an agreement in connection with or incidental to the acquisition, financing, construction, or operation of a facility, if the governing body:
(1)  considers the agreement necessary or convenient to implement this chapter;  and
(2)  authorizes the agreement by ordinance or resolution.
(c)  The mayor or other presiding officer of the municipality must execute the agreement, and the municipal secretary or clerk must attest to the agreement.
(d)  An agreement entered into by a municipality under this chapter is binding on the municipality and its governing body.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter A. General Provisions › Section 317.007. Eminent Domain

Sec. 317.007.  EMINENT DOMAIN.  (a)  A municipality may exercise the power of eminent domain to acquire the fee simple title to, an easement in, or a right-of-way over or through any property, including water or land under water, that the governing body of the municipality determines necessary to accomplish a purpose provided by Section 317.003.
(b)  A municipality may not condemn property under Subsection (a) if the property is used for cemetery purposes.
(c)  A municipality shall pay adequate compensation to the owner of property that is taken, damaged, or destroyed in the accomplishment of a purpose provided by Section 317.003.
(d)  A municipality may pay compensation and damages adjudicated in a condemnation proceeding or damage to the property of a person in the accomplishment of a purpose provided by Section 317.003 from:
(1)  the proceeds of tax or revenue bonds issued under this chapter;  or
(2)  other available municipal money.
(e)  Chapter 21, Property Code, governs the procedure for the exercise of the power of eminent domain under this section.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter B. Management and Control of Facilities; Board of Trustees › Section 317.051. Definition

Sec. 317.051.  DEFINITION.  In this subchapter, "board" means a board of trustees established under Section 317.052.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter B. Management and Control of Facilities; Board of Trustees › Section 317.052. Management and Control by Governing Body or Board

Sec. 317.052.  MANAGEMENT AND CONTROL BY GOVERNING BODY OR BOARD.  An ordinance authorizing the issuance of revenue bonds under this chapter may provide that while the principal of or interest on the bonds is outstanding, and regardless of whether the facility is encumbered under Section 317.112, management and control of the facility is vested in:
(1)  the governing body of the municipality;  or
(2)  the board of trustees named in the ordinance.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter B. Management and Control of Facilities; Board of Trustees › Section 317.053. Composition of Board

Sec. 317.053.  COMPOSITION OF BOARD.  A board may consist of not more than seven members, one of whom must be a member of the governing body of the municipality.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter B. Management and Control of Facilities; Board of Trustees › Section 317.054. Organization and Duties of Board

Sec. 317.054.  ORGANIZATION AND DUTIES OF BOARD.  (a)  An ordinance under Section 317.052 that vests management and control of a facility in a board must:
(1)  specify the board members' compensation, which may not exceed five percent of the gross revenue of the facility;
(2)  specify the members' terms of office;
(3)  specify the members' powers and duties and the manner of exercising those powers and duties;
(4)  provide for the election or appointment of the members' successors;  and
(5)  specify any other matter relating to the members' organization and duties.
(b)  On any matter not covered by the ordinance, the board is governed by the laws and rules governing the governing body of the municipality to the extent applicable.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.101. Definition

Sec. 317.101.  DEFINITION.  In this subchapter, "net revenue" means the gross revenue derived from the operation or use of a facility the net revenue of which is pledged to the payment of a bond less the reasonable expenses of maintaining and operating the facility, including necessary repair and insurance of the facility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.102. Authority to Issue Bonds

Sec. 317.102.  AUTHORITY TO ISSUE BONDS.  The governing body of a municipality by ordinance may issue tax bonds, revenue bonds, or both to provide money for a facility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.103. Election

Sec. 317.103.  ELECTION.  (a)  Tax bonds, other than refunding bonds, may be issued only if authorized by a majority of the qualified voters voting at an election held under Chapter 1251, Government Code.
(b)  The governing body of a municipality may:
(1)  submit a proposition for the issuance of revenue bonds at an election held in the manner provided by Subsection (a) for tax bonds;  or
(2)  issue revenue bonds without an election.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.104. Maturity

Sec. 317.104.  MATURITY.  A bond issued under this chapter must mature not later than 40 years after its date.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.105. Signatures

Sec. 317.105.  SIGNATURES.  A bond issued under this chapter must be signed by the mayor or presiding officer of the municipality and countersigned by the municipal secretary or clerk.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.106. Sale of Bonds

Sec. 317.106.  SALE OF BONDS.  A municipality may sell bonds issued under this chapter at a public or private sale under terms determined by the governing body to be the most advantageous and reasonably obtainable.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.107. Contents of Ordinance Authorizing Issuance of Revenue Bonds

Sec. 317.107.  CONTENTS OF ORDINANCE AUTHORIZING ISSUANCE OF REVENUE BONDS.  (a)  The ordinance of the governing body of the municipality authorizing the issuance of revenue bonds and the related proceedings may:
(1)  provide for the flow of funds and the establishment and maintenance of an interest and sinking fund, reserve fund, or other fund;
(2)  specify a depository for the money;  and
(3)  contain any additional covenant, as considered appropriate, with respect to the bonds, the pledged revenue, and the operation and maintenance of each facility the net revenue of which is pledged, including provisions for:
(A)  the lease of a facility;  and
(B)  the use or pledge of money derived from that lease.
(b)  The ordinance or related proceeding may:
(1)  prohibit the further issuance of bonds or other obligations payable from pledged revenue;  or
(2)  reserve the right to issue additional bonds to be secured by a pledge of and payable from the net revenue on a parity with, or subordinate to, the lien and pledge in support of the bonds being issued, subject to any condition provided by the ordinance or related proceeding.
(c)  The ordinance or related proceeding may contain any other provision or covenant determined by the governing body.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.108. Adoption and Execution of Documents

Sec. 317.108.  ADOPTION AND EXECUTION OF DOCUMENTS.  The governing body of a municipality may adopt and have executed any other proceeding or instrument necessary or convenient in the issuance of revenue bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.109. Review and Approval of Contracts Relating to Revenue Bonds

Sec. 317.109.  REVIEW AND APPROVAL OF CONTRACTS RELATING TO REVENUE BONDS.  (a)  If revenue bonds issued under this chapter state that they are secured in whole or in part by a pledge of the proceeds from a contract between the municipality and another person, a copy of the contract and of the proceedings authorizing the contract must be submitted to the attorney general with the bond record.
(b)  The approval by the attorney general of the bonds is approval of the contract.
(c)  After approval, the contract is incontestable except for forgery or fraud.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.110. Security for and Payment of Bonds Payable From Revenue

Sec. 317.110.  SECURITY FOR AND PAYMENT OF BONDS PAYABLE FROM REVENUE.  (a)  Revenue bonds may be secured by a pledge of and paid from:
(1)  the net revenue derived from the operation or use of all or a designated part of a facility then in existence or to be improved, constructed, or acquired;
(2)  the revenue, proceeds, or payments that will accrue to or be received by the municipality under a lease-purchase contract or contract of sale relating to a facility;  or
(3)  a combination of those sources.
(b)  While the principal of or interest on bonds is outstanding, the municipality shall:
(1)  impose and collect charges in an amount sufficient to pay:
(A)  maintenance and operation expenses of the facility the net revenue of which is pledged;
(B)  the interest on the bonds as it accrues;  and
(C)  the principal of the bonds as the bonds mature;  and
(2)  make any other payment prescribed by the ordinance or other proceeding authorizing or relating to the issuance of the bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.111. Use of Certain Proceeds

Sec. 317.111.  USE OF CERTAIN PROCEEDS.  From the proceeds of bonds issued under this chapter, the governing body of a municipality may appropriate or set aside:
(1)  an amount for the payment of interest expected to accrue while a facility is under construction;
(2)  an amount necessary to pay all expenses incurred and to be incurred in the issuance, sale, and delivery of the bonds;  and
(3)  in the case of revenue bonds, an amount required by the ordinance authorizing the issuance of the bonds to be deposited to the credit of a reserve fund or other fund specified by the ordinance.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter C. Bonds › Section 317.112. Encumbrance as Additional Security

Sec. 317.112.  ENCUMBRANCE AS ADDITIONAL SECURITY.  (a)  As additional security for the payment of revenue bonds issued under this chapter, the governing body of a municipality may have executed in favor of the bondholders an indenture or deed of trust that encumbers all or part of a facility the net revenue of which is pledged to the payment of the bonds, including the land on which the facility is located.
(b)  An indenture or deed of trust entered into under this section:
(1)  may contain terms considered proper by the governing body;
(2)  may provide for a grant, to any purchaser at a foreclosure sale, of a franchise to operate the facility for a term not to exceed 40 years from the date of the purchase, subject to all laws regulating same then in force;  and
(3)  is enforceable in the manner provided under the laws of this state for the enforcement of other encumbrances.
(c)  Under a sale ordered under the provisions of an encumbrance entered into under this section, the purchaser and the purchaser's successors or assigns are vested with:
(1)  a permit or franchise to maintain the facility that conforms to the provisions stipulated in the indenture or deed of trust;
(2)  powers and privileges similar to those of the municipality in the operation of the facility;  and
(3)  the right to remove all or part of the facility for diversion to other purposes.
(d)  The laws of this state other than this chapter do not apply to the authorization or execution of an encumbrance entered into under this chapter or to the granting of a franchise under this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter D. Refunding Bonds › Section 317.151. Applicability of Law Relating to Original Bonds

Sec. 317.151.  APPLICABILITY OF LAW RELATING TO ORIGINAL BONDS.  The provisions of this chapter relating to original bonds apply to refunding bonds issued under this chapter to the extent the provisions can be made to apply.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter D. Refunding Bonds › Section 317.152. Authority to Issue Tax Refunding Bonds

Sec. 317.152.  AUTHORITY TO ISSUE TAX REFUNDING BONDS.  (a)  The governing body of a municipality by ordinance may issue tax bonds under this chapter to refund outstanding original or refunding bonds issued by the municipality under this chapter and the accrued interest on those bonds.
(b)  Refunding bonds issued under this section may be issued to refund tax bonds of more than one series or issue.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter D. Refunding Bonds › Section 317.153. Authority to Issue Revenue Refunding Bonds

Sec. 317.153.  AUTHORITY TO ISSUE REVENUE REFUNDING BONDS.  The governing body of a municipality by ordinance may issue revenue bonds under this chapter to refund outstanding original or refunding revenue bonds issued by the municipality under this chapter and the accrued interest on those bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter D. Refunding Bonds › Section 317.154. Terms of Issuance of Revenue Refunding Bonds

Sec. 317.154.  TERMS OF ISSUANCE OF REVENUE REFUNDING BONDS.  (a)  Revenue refunding bonds may:
(1)  be combined with new or original revenue bonds into one series or issue;
(2)  be issued to refund bonds of more than one series or issue;
(3)  combine the pledges securing the bonds to be refunded to secure the revenue refunding bonds;  or
(4)  be secured by a pledge of other or additional net revenue.
(b)  Revenue refunding bonds may bear interest at a rate higher than that of the bonds to be refunded.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter D. Refunding Bonds › Section 317.155. Registration of Refunding Bonds by Comptroller

Sec. 317.155.  REGISTRATION OF REFUNDING BONDS BY COMPTROLLER.  (a)  Except as provided by Subsection (b), the comptroller shall register refunding bonds on surrender and cancellation of the bonds to be refunded.
(b)  The comptroller shall register refunding bonds without the surrender and cancellation of the bonds to be refunded if the ordinance authorizing the issuance of the refunding bonds requires that the bonds be sold and the proceeds from the sale be deposited where the bonds to be refunded are payable.
(c)  Refunding bonds to which Subsection (b) applies may be issued in an amount sufficient to pay the principal of and interest on the bonds to be refunded to the option or maturity date of the bonds.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle E - Municipal Streets › Chapter 317 - Elimination of Grade-Level Street Crossings by Railroad Lines in Municipalities With Population of More Than 100,000 › Subchapter D. Refunding Bonds › Section 317.156. Escrow Agreement

Sec. 317.156.  ESCROW AGREEMENT.  (a)  The proceeds from revenue refunding bonds that are deposited as provided by Section 317.155(b) shall be held under an escrow agreement so that the proceeds will be available to pay the principal of and interest on the bonds to be refunded as each becomes due.
(b)  The escrow agreement may provide that the proceeds may, until needed to pay principal and interest, be invested in direct obligations of the United States.
(c)  Interest earned on an investment described by Subsection (b) shall be considered revenue of the facility.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 24, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 341 - Private Causeways › Section 341.001. Definitions

Sec. 341.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Railroad Commission of Texas.
(2)  "Structure" means a combination bridge, dam, dike, or causeway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 341 - Private Causeways › Section 341.002. General Authority to Act

Sec. 341.002.  GENERAL AUTHORITY TO ACT.  Subject to Chapter 33, Natural Resources Code, an individual, corporation, or association may purchase, build, own, maintain, and operate a structure across an arm, inlet, or saltwater bay of the Gulf of Mexico located entirely in this state to provide a causeway for vehicles, pedestrians, and railroads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 341 - Private Causeways › Section 341.003. Causeway Corporation

Sec. 341.003.  CAUSEWAY CORPORATION.  (a)  A corporation may be formed and chartered under this chapter, Title 32, Revised Statutes, the Texas Business Corporation Act, or the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) for the purposes provided by Section 341.002.
(b)  The corporation:
(1)  is subject to regulation by the commission in regard to the powers and provisions of this chapter;
(2)  may contract to convey to an individual or another corporation an easement for the use of its structure;
(3)  may impose a reasonable toll for the use of the structure;  and
(4)  may not discriminate in the time for handling or in the amount charged for a toll.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 341 - Private Causeways › Section 341.004. Statement of Location; Priority

Sec. 341.004.  STATEMENT OF LOCATION;  PRIORITY.  (a)  Not later than the 90th day after the date the building of a structure begins, the individual, corporation, or association that owns the structure shall file for record with the clerk of the county in which the greater part of the structure is located:
(1)  a sworn statement showing:
(A)  the location of the structure;
(B)  the name and size of the structure;
(C)  the name of the body of water the structure will cross;
(D)  the date the work began;  and
(E)  the name of the individual, corporation, or association;  and
(2)  a map designating the location of the structure.
(b)  The right of the individual, corporation, or association to build the structure relates back to the time of the filing of the statement and the map, and the first individual, corporation, or association to file has priority over a subsequent filing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 341 - Private Causeways › Section 341.005. Acquiring Necessary Property

Sec. 341.005.  ACQUIRING NECESSARY PROPERTY.  (a)  An individual, corporation, or association authorized to act by this chapter may acquire by purchase or by the exercise of the right of eminent domain any approach the individual, corporation, or association considers necessary for a structure.
(b)  Subject to Chapter 51, Natural Resources Code, the state grants to an individual, corporation, or association acting as authorized by this chapter 500 feet on each side of the structure with the right only to dredge from that area or beyond for material required to construct or maintain the causeway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 341 - Private Causeways › Section 341.006. Leasing of Structure

Sec. 341.006.  LEASING OF STRUCTURE.  (a)  The individual, corporation, or association that owns a structure may lease the right-of-way over the structure to:
(1)  a municipality for public utilities owned and operated by the municipality;  or
(2)  a corporation to construct railroad tracks to operate a steam or electric train or car.
(b)  An individual, corporation, or association by leasing the right-of-way may not:
(1)  obstruct or interfere with a pedestrian's or vehicle's use of the structure;  or
(2)  permit a monopoly.
(c)  The commission may prescribe the terms of a lease to a railroad corporation.
(d)  If approved by the commission, a corporation that leases the right-of-way over the structure may:
(1)  contract with the individual, corporation, or association that owns the structure to pay all money due under the contract;  and
(2)  issue and sell bonds up to the amount of its obligation to the individual, corporation, or association.
(e)  A railroad corporation that leases the right-of-way over the structure may only charge for the use of the tracks as a part of mileage according to statutory rates and the general laws of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.