reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.004. Construction and Maintenance of Fence

Sec. 397.004.  CONSTRUCTION AND MAINTENANCE OF FENCE.  (a)  A fence required by Section 397.003 shall be constructed and maintained so that the outer surface is continuous and without spaces.
(b)  The fence shall be constructed of wood, masonry, corrugated sheet metal, chain link, or a combination of those materials.  Any one side of the fence may be constructed of only one of those materials.
(c)  A chain link fence must be galvanized and have wood or metal slats or strips that run through all links of the fence.  A properly constructed and maintained chain link fence with slats or strips complies with Subsection (a).
(d)  The fence must extend downward to within three inches of the ground and must test plumb and square at all times.
(e)  The fence shall be constructed in compliance with all applicable provisions of the building code of a municipality in which the fence is constructed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.005. Wall or Door as Part of Fence

Sec. 397.005.  WALL OR DOOR AS PART OF FENCE.  A fence required by Section 397.003 may consist in whole or in part of a wall and door of a completely enclosed building on the premises if the wall or door is constructed and maintained as required by this chapter for a fence.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.006. Gate Required

Sec. 397.006.  GATE REQUIRED.  (a)  Each opening in a fence that is necessary to permit reasonable access to an automotive wrecking and salvage yard shall be equipped with a gate.  The gate shall be constructed and maintained in accordance with the requirements of this chapter for a fence.
(b)  A gate shall be closed and securely locked at all times except during normal daytime business hours.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.007. Display or Work Outside Fence Prohibited

Sec. 397.007.  DISPLAY OR WORK OUTSIDE FENCE PROHIBITED.  An owner or operator of an automotive wrecking and salvage yard or that person's agent or employee may not display, store, or work on a junked or wrecked automotive vehicle or a part, accessory, or junk from the vehicle outside or above the fence required by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.008. Access for Officials

Sec. 397.008.  ACCESS FOR OFFICIALS.  All automotive vehicles, parts, and other materials located on an automotive wrecking and salvage yard shall be arranged to allow reasonable access to and inspection of the yard by an authorized fire, health, police, or building official.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.009. Removal of Gasoline

Sec. 397.009.  REMOVAL OF GASOLINE.  Gasoline in a fuel tank of a junked, wrecked, or abandoned automotive vehicle shall be completely removed before the vehicle is placed on an automotive wrecking and salvage yard.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.010. Drainage

Sec. 397.010.  DRAINAGE.  Each portion of a lot or tract used in the operation of an automotive wrecking and salvage yard must have appropriate drainage.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.011. Location of Yard

Sec. 397.011.  LOCATION OF YARD.  (a)  Except as otherwise provided by this subsection and Subsection (b), an automotive wrecking and salvage yard may not be established within 600 feet of an existing church, school, or residence.  A yard may be established within 600 feet of a residence if the same person owns the residence and the yard.
(b)  An automotive wrecking and salvage yard that is established on or after September 1, 1983, and before September 1, 2013, may not be established within 300 feet of an existing church, school, or residence except that a yard may be established within 300 feet of a residence if the same person owns the residence and the yard.
(c)  Distance is measured under this section beginning at the wall of the church, school, or residence that is closest to the yard and ending at the fence required by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 232 (H.B. 248), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.012. Penalty

Sec. 397.012.  PENALTY.  (a)  A person commits an offense if the person operates an automotive wrecking and salvage yard in violation of this chapter.
(b)  An offense under this section is a Class C misdemeanor.
(c)  Each day a violation continues is a separate offense.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.0125. Civil Penalty

Sec. 397.0125.  CIVIL PENALTY.  (a)  In addition to the penalty provided by Section 397.012, a person who operates an automotive wrecking and salvage yard in violation of this chapter is liable for a civil penalty of not less than $500 or more than $1,000 for each violation.  A separate penalty may be imposed for each day a continuing violation occurs.
(b)  The district or county attorney for the county, or the municipal attorney of the municipality, in which the violation is alleged to have occurred may bring suit to collect the penalty.
(c)  A penalty collected under this section by a district or county attorney shall be deposited in the county treasury.  A penalty collected under this section by a municipal attorney shall be deposited in the municipal treasury.
Added by Acts 2009, 81st Leg., R.S., Ch. 562 (S.B. 1992), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.013. Revocation of License

Sec. 397.013.  REVOCATION OF LICENSE.  The appropriate municipal authority may revoke or refuse to issue or renew a person's municipal license to operate an automotive wrecking and salvage yard if the authority finds the person violated a provision of this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 397 - Automobile Wrecking and Salvage Yards in Certain Counties › Section 397.014. Injunction

Sec. 397.014.  INJUNCTION.  (a)  A person, county, or municipality is entitled to an injunction to prohibit a violation or threatened violation of this chapter.
(b)  The venue for the injunction proceeding is in the county to which this chapter applies in which any part of the automotive wrecking and salvage yard is located.
Added by Acts 2005, 79th Leg., Ch. 13 (S.B. 280), Sec. 2, eff. May 3, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 562 (S.B. 1992), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 430 - Miscellaneous Provisions › Section 430.001. Advisory Safety or Directional Signs

Sec. 430.001.  ADVISORY SAFETY OR DIRECTIONAL SIGNS.  (a)  A political subdivision may place along a public right-of-way under the control of the political subdivision an advisory safety or useful directional sign that cannot be mistaken as an official sign.
(b)  The political subdivision may not place the sign along a state highway for revenue purposes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle H - Highway Beautification › Chapter 430 - Miscellaneous Provisions › Section 430.002. Signs Erected by Neighborhood Association

Sec. 430.002.  SIGNS ERECTED BY NEIGHBORHOOD ASSOCIATION.  (a)  In this section, "property owners' association" means an association described by Section 204.004, Property Code.
(b)  A property owners' association may install a speed feedback sign or a solar-powered light-emitting diode (LED) stop sign on a road, highway, or street in the association's jurisdiction if:
(1)  the association receives the consent of the governing body of the political subdivision that maintains the road, highway, or street for the placement of the sign; and
(2)  the association pays for the installation of the sign.
(c)  A property owners' association that installs a sign under this section is responsible for the maintenance of the sign.
Added by Acts 2011, 82nd Leg., R.S., Ch. 765 (H.B. 1737), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 376 (H.B. 745), Sec. 1, eff. June 10, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter A. General Provisions › Section 431.001. Short Title

Sec. 431.001.  SHORT TITLE.  This chapter may be cited as the Texas Transportation Corporation Act.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter A. General Provisions › Section 431.002. Purposes; Liberal Construction

Sec. 431.002.  PURPOSES;  LIBERAL CONSTRUCTION.  (a)  The purposes of this chapter are:
(1)  the promotion and development of public transportation facilities and systems by new and alternative means;
(2)  the expansion and improvement of transportation facilities and systems;
(3)  the creation of corporations to secure and obtain rights-of-way for urgently needed transportation systems and to assist in the planning and design of those systems;
(4)  the reduction of burdens and demands on the limited funds available to the commission and an increase in the effectiveness and efficiency of the commission;  and
(5)  the promotion and development of transportation facilities and systems that are public, not private, in nature, although these facilities and systems may benefit private interests as well as the public.
(b)  This chapter shall be liberally construed to give effect to the purposes of this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter A. General Provisions › Section 431.003. Definitions

Sec. 431.003.  DEFINITIONS.  In this chapter:
(1)  "Board" means the board of directors of a corporation organized under this chapter.
(2)  "Corporation" means a corporation organized under this chapter and includes a local government corporation.
(3)  "Local government" means:
(A)  a municipality;
(B)  a county; or
(C)  for purposes of Subchapter D:
(i)  a navigation district, hospital district, or hospital authority;
(ii)  a regional transportation authority governed by Chapter 452;
(iii)  a rapid transit authority governed by Chapter 451; or
(iv)  a coordinated county transportation authority governed by Chapter 460.
(4)  "Local government corporation" means a corporation incorporated as provided by Subchapter D  to act on behalf of a local government.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1370, Sec. 1, eff. June 16, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 241 (H.B. 2090), Sec. 1, eff. May 25, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 422 (S.B. 888), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 71 (S.B. 276), Sec. 1, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 594 (S.B. 948), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter A. General Provisions › Section 431.004. Open Meetings

Sec. 431.004.  OPEN MEETINGS.  (a)  A corporation is subject to Chapter 551, Government Code.
(b)  Except as provided by Subsection (c) or (d), the board shall file notice of each meeting of the board in the same manner and in the same location as is required of a state governmental body under Chapter 551, Government Code.
(c)  If the commission designates an area of the state in which a corporation may act on behalf of the commission, the board shall file notice of each meeting of the board in the same manner and in the same location as is required of a governmental body under Section 551.053, Government Code.
(d)  The board of a local government corporation shall file notice of each meeting of the board in the same manner and in the same location as is required of the governing body under Chapter 551, Government Code, of the one or more local governments that created the local government corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter A. General Provisions › Section 431.005. Open Records

Sec. 431.005.  OPEN RECORDS.  The board is subject to Chapter 552, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter A. General Provisions › Section 431.006. Application of Texas Non-Profit Corporation Act

Sec. 431.006.  APPLICATION OF TEXAS NON-PROFIT CORPORATION ACT.  The Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation to the extent that the provisions of that Act are not inconsistent with this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.021. Purpose of Corporation

Sec. 431.021.  PURPOSE OF CORPORATION.  The purpose of a corporation is limited to the promotion and development of public transportation facilities and systems.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.022. Application

Sec. 431.022.  APPLICATION.  (a)  Three or more individuals may file with the commission an application for the creation of a corporation within a designated area.
(b)  Each of the individuals must be a qualified voter.
(c)  The application must be in writing.
(d)  The application must contain the articles of incorporation proposed to be used in organizing the corporation.
(e)  The commission may not charge a filing fee for the application.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.023. Adoption of Resolution

Sec. 431.023.  ADOPTION OF RESOLUTION.  (a)  A corporation may be created only if the commission adopts a resolution authorizing the creation of a corporation to act on behalf of the commission.
(b)  A resolution must state that the commission:
(1)  determines that creation of the corporation is advisable;  and
(2)  approves the articles of incorporation proposed to be used in organizing the corporation.
(c)  The commission may designate the area of the state in which the corporation may act on behalf of the commission.  The designated area may include the territory of more than one political subdivision of the state.
(d)  The commission may authorize the creation of more than one corporation to act within the same designated area.  The resolution authorizing each corporation must specify the public purpose of that corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.04, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.024. Form of Corporation

Sec. 431.024.  FORM OF CORPORATION.  (a)  A corporation is a nonmember, nonstock corporation.
(b)  A corporation is nonprofit, and its earnings may not benefit a private interest.
(c)  A corporation may be created as a perpetual corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.025. Articles of Incorporation

Sec. 431.025.  ARTICLES OF INCORPORATION.  The articles of incorporation must state:
(1)  the name of the corporation;
(2)  that the corporation is a nonprofit corporation;
(3)  the duration of the corporation;
(4)  the specific purpose for which the corporation is organized on behalf of the commission;
(5)  that the corporation does not have any members and is a nonstock corporation;
(6)  the street address of the corporation's initial registered office and the name of its initial registered agent at that address;
(7)  the number of directors of the initial board and the name and address of each director;
(8)  the name and street address of each incorporator;
(9)  any provision for the regulation of the internal affairs of the corporation, including any provision required or permitted by this chapter to be in the bylaws;  and
(10)  that the commission has:
(A)  by resolution specifically authorized the corporation to act on its behalf to further the public purpose stated in the resolution and in the articles of incorporation;  and
(B)  approved the articles of incorporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.026. Delivery and Filing of Certificate of Incorporation

Sec. 431.026.  DELIVERY AND FILING OF CERTIFICATE OF INCORPORATION.  (a)  After the commission adopts a resolution under Section 431.023, three originals of the articles of incorporation shall be delivered to the secretary of state.
(b)  The secretary of state shall determine whether the articles of incorporation conform to this chapter.  On determination that the articles conform to this chapter and on receipt of a $25 fee, the secretary of state shall:
(1)  endorse on each original the word "filed" and the date of the filing;
(2)  file one of the originals in the secretary's office;
(3)  issue two certificates of incorporation;
(4)  attach to each certificate an original of the articles of incorporation;  and
(5)  deliver a certificate of incorporation and the attached articles of incorporation to:
(A)  each incorporator or its representative;  and
(B)  the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.027. Effect of Issuance of Certificate of Incorporation

Sec. 431.027.  EFFECT OF ISSUANCE OF CERTIFICATE OF INCORPORATION.  (a)  A corporation's existence begins when its certificate of incorporation is issued.
(b)  After the issuance of the certificate of incorporation, the incorporation may not be contested for any reason.
(c)  A certificate of incorporation is conclusive evidence that:
(1)  all conditions for incorporation required of the incorporators and the commission are satisfied;  and
(2)  the corporation is incorporated under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.028. Board

Sec. 431.028.  BOARD.  (a)  A corporation must have a board in which the powers of the corporation reside.
(b)  The board consists of three or more directors.
(c)  The commission shall appoint each director for a term that may not exceed six years.
(d)  The commission may remove a director for or without cause.
(e)  A director serves without compensation but is entitled to reimbursement from the corporation for expenses incurred in the performance of the director's duties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.029. Advisory Directors

Sec. 431.029.  ADVISORY DIRECTORS.  (a)  The board may appoint any number of advisory directors.
(b)  An advisory director advises and assists the directors in promoting and developing new and expanded transportation facilities and systems.
(c)  An advisory director serves until the completion of a particular project or at the will of the directors.
(d)  An advisory director does not have a vote in the affairs of the corporation.
(e)  An advisory director serves without compensation.  The corporation may not reimburse an advisory director for expenses incurred in the performance of the director's duties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.030. Bylaws

Sec. 431.030.  BYLAWS.  (a)  The board shall adopt the initial bylaws of a corporation.  The commission, by resolution, must approve the initial bylaws.
(b)  A corporation may change its bylaws only with the approval of the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.031. Quorum

Sec. 431.031.  QUORUM.  (a)  A quorum of a board is the lesser of:
(1)  a majority of:
(A)  the membership of the board under the bylaws;  or
(B)  if the bylaws do not provide the membership of the board, the membership of the board under the articles of incorporation;  or
(2)  the number, which must be more than two, set as the quorum by the articles of incorporation or the bylaws.
(b)  An act of the majority of the directors present at a meeting at which there is a quorum is an act of the board, unless the act of a greater number is required by the articles of incorporation or the bylaws.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.032. Indemnification

Sec. 431.032.  INDEMNIFICATION.  (a)  A corporation may indemnify a director or officer of the corporation for necessary expenses and costs, including attorney's fees, incurred by the director or officer in connection with any claim asserted against the director or officer in a court action or otherwise for negligence or misconduct.
(b)  If a corporation 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 corporation, its receiver, or trustee for the amount paid by the director or officer, including attorney's fees, to pay any judgment or settlement of the claim necessarily incurred by the director or officer in connection with the claim in an amount the court considers reasonable and equitable 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 corporation.
(d)  In this section, "director or officer" includes a former director or officer.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.033. Exemption From Taxation

Sec. 431.033.  EXEMPTION FROM TAXATION.  A corporation affects all the people in its area by assuming to a material extent what otherwise might be an obligation or duty of the commission and is a purely public charity under Section 2, Article VIII, Texas Constitution.  However, a corporation is exempt from the franchise tax under Chapter 171, Tax Code, only if the corporation is exempted by that chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter B. Creation and Operation of Corporation › Section 431.034. Income of Transportation Corporation

Sec. 431.034.  INCOME OF TRANSPORTATION CORPORATION.  The commission has the unrestricted right at any time to receive any income earned by a corporation other than a local government corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.061. Definitions

Sec. 431.061.  DEFINITIONS.  In this subchapter:
(1)  "Construction" includes improvement and landscaping.
(2)  "Highway" includes an improvement to a highway.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.062. General Powers

Sec. 431.062.  GENERAL POWERS.  (a)  A corporation has the powers and privileges of a nonprofit corporation incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes).
(b)  A corporation has the powers provided by this subchapter to promote and develop new and expanded transportation facilities and systems on behalf of the commission and powers incidental to or necessary for the performance of that purpose.
(c)  A corporation may, at the request of the commission, perform any function not specified by this chapter to promote and develop transportation facilities and systems.
(d)  A corporation has the powers necessary to construct or improve transportation facilities and systems approved by the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.063. Promotion and Development of Transportation Facilities and Systems

Sec. 431.063.  PROMOTION AND DEVELOPMENT OF TRANSPORTATION FACILITIES AND SYSTEMS.  A corporation may work directly with property owners, local and state governmental agencies, and elected officials to support an activity required to promote and develop a transportation facility or system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.064. Alignment Studies

Sec. 431.064.  ALIGNMENT STUDIES.  A corporation may perform a preliminary or final alignment study.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.065. Contributions; Expenses

Sec. 431.065.  CONTRIBUTIONS;  EXPENSES.  (a)  A corporation may receive:
(1)  a contribution of real property for a right-of-way;  and
(2)  a cash donation for:
(A)  the purchase of a right-of-way;  or
(B)  the design or construction of a transportation facility or system.
(b)  A corporation may establish a formula to determine the amount of cash donations from affected property owners and others necessary to cover the cost of a service to be performed by the corporation or its consultants.
(c)  A corporation may borrow money to meet any expense or need associated with the regular operation of the corporation or a particular transportation project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.066. Employees and Consultants

Sec. 431.066.  EMPLOYEES AND CONSULTANTS.  (a)  A corporation may employ an administrative staff.
(b)  A corporation may retain legal, public relations, and engineering services required to develop a transportation facility or system.
(c)  Through its staff and retained consultants, a corporation may prepare an exhibit, right-of-way document, environmental report, schematic, or preliminary or final engineering plan necessary to develop a transportation facility or system.
(d)  A corporation may pay an employee or consultant from money donated to develop a transportation facility or system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.067. Promotional Activities

Sec. 431.067.  PROMOTIONAL ACTIVITIES.  (a)  A corporation may make official presentations to the state and other affected agencies or groups concerning the development of a transportation project.
(b)  A corporation may issue a press release or other material to promote the activities of a transportation project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.068. Construction or Improvement Contracts

Sec. 431.068.  CONSTRUCTION OR IMPROVEMENT CONTRACTS.  (a)  A corporation may contract with the commission to:
(1)  construct or improve a transportation project designated by the commission;  and
(2)  sell the project or improvement to the commission.
(b)  For a transportation project constructed by a corporation, the corporation may contract with the commission for the commission to:
(1)  supervise the construction;  or
(2)  provide construction management services.
(c)  A corporation and a county, a home-rule municipality, a county road district created under Chapter 257, or a road utility district created under Chapter 441 may contract to pay jointly the cost of a transportation project designated by the commission.  The contract may obligate the corporation to design, construct, or improve the transportation project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.069. Location of Transportation Projects

Sec. 431.069.  LOCATION OF TRANSPORTATION PROJECTS.  A corporation may construct or improve a transportation project on real property, including a right-of-way acquired by the corporation, provided to the corporation for that purpose by the commission or a political subdivision of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.070. Bonds and Notes

Sec. 431.070.  BONDS AND NOTES.  (a)  A corporation may issue bonds and notes to carry out its purpose.
(b)  The bonds and notes may be issued under any power or authority available to the corporation, including Chapter 1201, Government Code.
(c)  A bond or note must state on its face that it is not an obligation of the State of Texas.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.394, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.071. Approval of Bonds and Notes by Attorney General

Sec. 431.071.  APPROVAL OF BONDS AND NOTES BY ATTORNEY GENERAL.  (a)  A corporation shall submit a bond or note authorized under Section 431.070 and a contract supporting its issuance to the attorney general for examination.
(b)  If the attorney general finds that the bond or note, and any supporting contract are authorized under this chapter, the attorney general shall approve them.
(c)  After approval by the attorney general, a bond, note, or contract may not be contested for any reason.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.072. Limitation to Federal or State Highway System

Sec. 431.072.  LIMITATION TO FEDERAL OR STATE HIGHWAY SYSTEM.  A corporation may plan, design, acquire, construct, improve, extend, or maintain a transportation project only if the project:
(1)  is intended by the commission to become part of the federal or state highway system;  and
(2)  is not intended to:
(A)  become a county road or municipal street;  or
(B)  be owned by a county road district or by a road utility district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter C. Corporate Powers › Section 431.073. Project in County of 500,000 or More or Adjacent County

Sec. 431.073.  PROJECT IN COUNTY OF 500,000 OR MORE OR ADJACENT COUNTY.  (a)  This section applies only to a corporation that was created by the state or one or more counties or municipalities to implement a transportation project in:
(1)  a county with a population of 500,000 or more;  or
(2)  a county adjacent to a county described by Subdivision (1).
(b)  If approved and authorized by the commission, a corporation created by the state has the rights, powers, privileges, authority, and functions given the department under this title to:
(1)  construct, improve, operate, and maintain high occupancy vehicle lanes;  and
(2)  charge a toll for the use of one or more high occupancy vehicle lanes for the purpose of congestion mitigation.
(c)  A corporation in existence on August 31, 1991, has the powers, rights, and privileges of a corporation created under Chapter 11, Title 32, Revised Statutes, as that law existed on August 31, 1991, except that the required right-of-way of any highway, road, street, or turnpike may be of the width required or approved by the commission or each governing body creating the corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.25, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 967, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.101. Creation of Local Government Corporation

Sec. 431.101.  CREATION OF LOCAL GOVERNMENT CORPORATION.  (a)  A local government corporation may be created to aid and act on behalf of one or more local governments to accomplish any governmental purpose of those local governments.  To be effective, the articles of incorporation and the bylaws of a local government corporation must be approved by ordinance, resolution, or order adopted by the governing body of each local government that the corporation is created to aid and act on behalf of.
(b)  A local government corporation has the powers of a corporation authorized for creation by the commission under this chapter.
(c)  The provisions of the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) relating to powers, standards of conduct, and interests in contracts apply to the directors and officers of the local government corporation.
(d)  A provision of this chapter relating to the creation, dissolution, administration, or supervision of a corporation by the commission does not apply to a local government corporation.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1129, Sec. 5.01(4), eff. September 1, 2011.
(f)  A member of the board of directors of a local government corporation:
(1)  is not a public official by virtue of that position;  and
(2)  unless otherwise ineligible, may be appointed to serve concurrently on the board of directors of a reinvestment zone created under Chapter 311, Tax Code.
(g)  A local government corporation must comply with all state law related to the design and construction of projects, including the procurement of design and construction services, that applies to the local government that created the corporation.
(h)  A local government corporation formed by a navigation district shall not condemn a right-of-way through any part of a municipality without the consent of the municipality's governing body.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.24, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 983, Sec. 12, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 1370, Sec. 2, 3, eff. June 16, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 15, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 5.01(4), eff. September 1, 2011.
For expiration of Subsections (b) and (c), see Subsection (c).
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.1015. Corporations of Certain Counties for Toll Projects

Sec. 431.1015.  CORPORATIONS OF CERTAIN COUNTIES FOR TOLL PROJECTS.  (a)  Notwithstanding Chapter 284 or any other law, a county with a population of more than four million may not create a local government corporation under this chapter to develop, construct, operate, manage, or finance a toll project or system located in the county.
(b)  An existing local government corporation created by a county described by Subsection (a) for the purposes described by that subsection:
(1)  may not:
(A)  undertake any new bonds, notes, or other obligations or extend the terms of any existing bonds, notes, or other obligations; or
(B)  enter into any new contracts or extend the terms of any existing contracts; and
(2)  must be dissolved when all bonds, notes, and other obligations and contracts of the corporation have been satisfied.
(c)  This subsection and Subsection (b) expire on the date that the local government corporation described by Subsection (b) is dissolved.
(d)  Notwithstanding any other provision of this chapter, income earned and revenues received by or from a local government corporation created to develop, construct, operate, manage, or finance a toll project or system under Chapter 284 may be used only to pay the costs of a turnpike project, as defined by Section 370.003, or a road, street, or highway project as provided for under Section 284.0031.
Added by Acts 2021, 87th Leg., R.S., Ch. 408 (S.B. 1727), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.102. Application of Chapter 394, Local Government Code

Sec. 431.102.  APPLICATION OF CHAPTER 394, LOCAL GOVERNMENT CODE.  (a)  In the manner in which Chapter 394, Local Government Code, applies to a corporation created under that chapter, that chapter applies to:
(1)  the manner in which a local government corporation is created and dissolved;
(2)  the appointment of the board of a local government corporation and the members' terms of service;
(3)  the manner and the conditions under which the board serves;  and
(4)  the form, execution, approval, filing, and amending of the articles of incorporation and bylaws of a local government corporation.
(b)  The property of a local government corporation and a transaction to acquire the property is exempt from taxation in the same manner as a corporation created under Chapter 394, Local Government Code, except that property of a local government corporation created by a municipal power agency that was created under Subchapter C, Chapter 163, Utilities Code, is not exempt from ad valorem taxation if the property is located outside of the boundaries of each of the municipalities that created the municipal power agency.
(c)  The requirement of Section 394.021(a), Local Government Code, that all directors must be residents of the local government shall not be applicable to directors of a local government corporation except that a person may not be appointed to the board of a local government corporation if the appointment of that person would result in less than a majority of the board members being residents of the local government.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 983, Sec. 13, eff. June 18, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 654 (S.B. 1120), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.103. Contracts With Political Subdivisions

Sec. 431.103.  CONTRACTS WITH POLITICAL SUBDIVISIONS.  A local government corporation may contract with a political subdivision of this state in the manner and to the same extent as any other corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.104. Assumption of Powers and Duties

Sec. 431.104.  ASSUMPTION OF POWERS AND DUTIES.  (a)  The governing body of a local government may assume for the local government the powers and duties of a local government corporation created by the local government.
(b)  A local government that assumes the powers and duties of a local government corporation assumes the assets and liabilities of the corporation.
(c)  The powers and duties of a local government corporation created by more than one local government may be assumed only if each local government that created the corporation agrees to the assumption.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.105. Contractual Authority

Sec. 431.105.  CONTRACTUAL AUTHORITY.  (a)  A state agency, including the commission, or a political subdivision may contract with a local government corporation to accomplish a governmental purpose of the sponsoring local government in the same manner and to the same extent that it:
(1)  may contract with any other corporation created under this chapter;  and
(2)  is authorized to contract under Subchapter A, Chapter 472.
(b)  A local government may contract with a corporation to accomplish the purposes of the sponsoring local government in the manner provided under Subchapter C, Chapter 224.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.106. Public Safety Rules

Sec. 431.106.  PUBLIC SAFETY RULES.  A local government that creates a local government corporation may establish and enforce traffic and other public safety rules on a toll road, toll bridge, or turnpike of the corporation.  Local governments that jointly create a local government corporation may jointly establish and enforce those rules.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle I - Transportation Corporations › Chapter 431 - Texas Transportation Corporation Act › Subchapter D. Local Government Corporations › Section 431.107. Income of Local Government Corporation

Sec. 431.107.  INCOME OF LOCAL GOVERNMENT CORPORATION.  (a)  A local government creating a local government corporation is entitled at any time to receive any income earned by the local government corporation that is not needed to pay the corporation's expenses or obligations.
(b)  The earnings of a local government corporation may not benefit a private interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.