reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.254. Removal of Director

Sec. 370.254.  REMOVAL OF DIRECTOR.  (a)  It is a ground for removal of a director from the board if the director:
(1)  did not have at the time of appointment the qualifications required by Section 370.251;
(2)  at the time of appointment or at any time during the director's term, is ineligible under Section 370.251 or 370.252 to serve as a director;
(3)  cannot discharge the director's duties for a substantial part of the term for which the director is appointed because of illness or disability;  or
(4)  is absent from more than half of the regularly scheduled board meetings that the director is eligible to attend during a calendar year.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a director exists.
(c)  If the chief administrative officer of the authority has knowledge that a potential ground for removal exists, that person shall notify the presiding officer of the board of the ground.  The presiding officer shall then notify the person that appointed the director that a potential ground for removal exists.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.255. Compensation of Director

Sec. 370.255.  COMPENSATION OF DIRECTOR.  Each director is entitled to reimbursement for the director's actual expenses necessarily incurred in the performance of the director's duties.  A director is not entitled to any additional compensation for the director's services.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.256. Evidence of Authority Actions

Sec. 370.256.  EVIDENCE OF AUTHORITY ACTIONS.  Actions of an authority are the actions of its board and may be evidenced in any legal manner, including a board resolution.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.257. Public Access

Sec. 370.257.  PUBLIC ACCESS.  An authority shall:
(1)  make and implement policies that provide the public with a reasonable opportunity to appear before the board to speak on any issue under the jurisdiction of the authority;  and
(2)  prepare and maintain a written plan that describes how an individual who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the authority's programs.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.258. Indemnification

Sec. 370.258.  INDEMNIFICATION.  (a)  An authority may indemnify one or more of its directors or officers for necessary expenses and costs, including attorney's fees, incurred by the directors or officers in connection with any claim asserted against the directors or officers in their respective capacities as directors or officers.
(b)  If an authority does not fully indemnify a director or officer as provided by Subsection (a), the court in a proceeding in which any claim against the director or officer is asserted or any court with jurisdiction of an action instituted by the director or officer on a claim for indemnity may assess indemnity against the authority, its receiver, or trustee only if the court finds that, in connection with the claim, the director or officer is not guilty of negligence or misconduct.
(c)  A court may not assess indemnity under Subsection (b) for an amount paid by the director or officer to the authority.
(d)  This section applies to a current or former director or officer of the authority.
(e)  If an officer or director who has been indemnified by an authority under Subsection (a) is subsequently convicted of an offense involving the conduct for which the officer or director was indemnified, the officer or director is liable to the authority for the amount of indemnification paid, with interest at the legal rate for interest on a judgment from the date the indemnification was paid.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 590 (H.B. 1708), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.259. Purchase of Liability Insurance

Sec. 370.259.  PURCHASE OF LIABILITY INSURANCE.  (a)  An authority shall insure its officers and employees from liability arising from the use, operation, or maintenance of equipment that is used or may be used in connection with the laying out, construction, or maintenance of the authority's transportation projects.
(b)  Insurance coverage under this section must be provided by the purchase of a policy of liability insurance from a reliable insurance company authorized to do business in this state.  The form of the policy must be approved by the commissioner of insurance.
(c)  This section is not a waiver of immunity of the authority or the counties in an authority from liability for the torts or negligence of an officer or employee of an authority.
(d)  In this section, "equipment" includes an automobile, motor truck, trailer, aircraft, motor grader, roller, tractor, tractor power mower, locomotive, rail car, and other power equipment.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.260. Certain Contracts and Sales Prohibited

Sec. 370.260.  CERTAIN CONTRACTS AND SALES PROHIBITED.  (a)  A director, agent, or employee of an authority may not:
(1)  contract with the authority;  or
(2)  be directly or indirectly interested in:
(A)  a contract with the authority;  or
(B)  the sale of property to the authority.
(b)  A person who violates Subsection (a) is liable for a civil penalty to the authority in an amount not to exceed $1,000.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.261. Strategic Plans and Annual Reports

Sec. 370.261.  STRATEGIC PLANS AND ANNUAL REPORTS.  (a)  An authority shall make a strategic plan for its operations.  A majority of the commissioners courts of the counties of the authority shall by concurrent resolution determine the types of information required to be included in the strategic plan.  Each even-numbered year, an authority shall issue a plan covering the succeeding five fiscal years, beginning with the next odd-numbered fiscal year.
(b)  Not later than March 31 of each year, an authority shall file with the commissioners court of each county of the authority a written report on the authority's activities describing all transportation revenue bond issuances anticipated for the coming year, the financial condition of the authority, all project schedules, and the status of the authority's performance under the most recent strategic plan.  At the invitation of a commissioners court of a county of the authority, representatives of the board and the administrative head of an authority shall appear before the commissioners court to present the report and receive questions and comments.
(c)  The authority shall give notice to the commissioners court of each county of the authority not later than the 90th day before the date of issuance of revenue bonds.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter F. Governance › Section 370.262. Meetings by Telephone Conference Call

Sec. 370.262.  MEETINGS BY TELEPHONE CONFERENCE CALL.  (a)  Chapter 551, Government Code, does not prohibit any open or closed meeting of the board, a committee of the board, or the staff, or any combination of the board or staff, from being held by telephone conference call. The board may hold an open or closed meeting by telephone conference call subject to the requirements of Sections 551.125(c)-(f), Government Code, but is not subject to the requirements of Subsection (b) of that section.
(b)  A telephone conference call meeting is subject to the notice requirements applicable to other meetings.
(c)  Notice of a telephone conference call meeting that by law must be open to the public must specify the location of the meeting.  The location must be a conference room of the authority or other facility in a county of the authority that is accessible to the public.
(d)  Each part of the telephone conference call meeting that by law must be open to the public shall be audible to the public at the location specified in the notice and shall be tape-recorded or documented by written minutes.  On conclusion of the meeting, the tape recording or the written minutes of the meeting shall be made available to the public.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.75, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.304. Additional Agreements of Authority

Sec. 370.304.  ADDITIONAL AGREEMENTS OF AUTHORITY.  An authority may enter into any contract, loan agreement, or other agreement necessary or convenient to achieve the purposes of this subchapter.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 15, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.305. Comprehensive Development Agreements

Sec. 370.305.  COMPREHENSIVE DEVELOPMENT AGREEMENTS.  (a)   A comprehensive development agreement is an agreement with a private entity that, at a minimum, provides for the design and construction of a transportation project, that may provide for the financing, acquisition, maintenance, or operation of a transportation project, and that entitles the private entity to:
(1)  a leasehold interest in the transportation project; or
(2)  the right to operate or retain revenue from the operation of the transportation project.
(b)  An authority may negotiate provisions relating to professional and consulting services provided in connection with a comprehensive development agreement.
(c)  Except as provided by this chapter, an authority's authority to enter into a comprehensive development agreement expires on August 31, 2011.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 4.02, eff. June 11, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 37, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.307. Confidentiality of Negotiations for Comprehensive Development Agreements

Sec. 370.307.  CONFIDENTIALITY OF NEGOTIATIONS FOR COMPREHENSIVE DEVELOPMENT AGREEMENTS.  (a)  To encourage private entities to submit proposals under Section 370.306, the following information is confidential, is not subject to disclosure, inspection, or copying under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for its release until a final contract for a proposed project is entered into:
(1)  all or part of a proposal submitted by a private entity for a comprehensive development agreement, except information provided under Sections 370.306(b)(1) and (2);
(2)  supplemental information or material submitted by a private entity in connection with a proposal for a comprehensive development agreement;  and
(3)  information created or collected by an authority or its agent during consideration of a proposal for a comprehensive development agreement.
(b)  After an authority completes its final ranking of proposals under Section 370.306(h), the final rankings of each proposal under each of the published criteria are not confidential.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.308. Performance and Payment Security

Sec. 370.308.  PERFORMANCE AND PAYMENT SECURITY.  (a)  Notwithstanding Section 223.006 and the requirements of Subchapter B, Chapter 2253, Government Code, an authority shall require a private entity entering into a comprehensive development agreement under Section 370.305 to provide a performance and payment bond or an alternative form of security in an amount sufficient to:
(1)  ensure the proper performance of the agreement;  and
(2)  protect:
(A)  the authority;  and
(B)  payment bond beneficiaries who have a direct contractual relationship with the private entity or a subcontractor of the private entity to supply labor or material.
(b)  A performance and payment bond or alternative form of security shall be in an amount equal to the cost of constructing or maintaining the project.
(c)  If an authority determines that it is impracticable for a private entity to provide security in the amount described by Subsection (b), the authority shall set the amount of the bonds or the alternative forms of security.
(d)  A payment or performance bond or alternative form of security is not required for the portion of an agreement that includes only design or planning services, the performance of preliminary studies, or the acquisition of real property.
(e)  The amount of the payment security must not be less than the amount of the performance security.
(f)  In addition to performance and payment bonds, an authority may require the following alternative forms of security:
(1)  a cashier's check drawn on a financial entity specified by the authority;
(2)  a United States bond or note;
(3)  an irrevocable bank letter of credit;  or
(4)  any other form of security determined suitable by the authority.
(g)  An authority by rule shall prescribe requirements for alternative forms of security provided under this section.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.309. Ownership of Transportation Projects

Sec. 370.309.  OWNERSHIP OF TRANSPORTATION PROJECTS.  (a)  A transportation project other than a public utility facility that is the subject of a development agreement with a private entity, including the facilities acquired or constructed on the project, is public property and belongs to the authority.
(b)  Notwithstanding Subsection (a), an authority may enter into an agreement that provides for the lease of rights-of-way, the granting of easements, the issuance of franchises, licenses, or permits, or any lawful uses to enable a private entity to construct, operate, and maintain a transportation project, including supplemental facilities.  At the termination of the agreement, the transportation project, including the facilities, must be in a state of proper maintenance as determined by the authority and shall be returned to the authority in satisfactory condition at no further cost.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.310. Liability for Private Obligations

Sec. 370.310.  LIABILITY FOR PRIVATE OBLIGATIONS.  An authority may not incur a financial obligation for a private entity that constructs, maintains, or operates a transportation project.  The authority or a political subdivision of the state is not liable for any financial or other obligation of a transportation project solely because a private entity constructs, finances, or operates any part of the project.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.311. Terms of Private Participation

Sec. 370.311.  TERMS OF PRIVATE PARTICIPATION.  (a)  An authority shall negotiate the terms of private participation in a transportation project, including:
(1)  methods to determine the applicable cost, profit, and project distribution between the private equity investors and the authority;
(2)  reasonable methods to determine and classify toll rates or user fees;
(3)  acceptable safety and policing standards;  and
(4)  other applicable professional, consulting, construction, operation, and maintenance standards, expenses, and costs.
(b)  A comprehensive development agreement entered into under Section 370.305 must include a provision authorizing the authority to purchase, under terms agreed to by the parties, the interest of a private equity investor in a transportation project.
(c)  An authority may only enter into a comprehensive development agreement under Section 370.305 with a private equity investor if the project is identified in the department's unified transportation program or is located on a transportation corridor identified in the statewide transportation plan.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.312. Rules, Procedures, and Guidelines Governing Negotiating Process

Sec. 370.312.  RULES, PROCEDURES, AND GUIDELINES GOVERNING NEGOTIATING PROCESS.  (a)  An authority shall adopt rules, procedures, and other guidelines governing selection and negotiations to promote fairness, obtain private participants in transportation projects, and promote confidence among those participants.  The rules must contain criteria relating to the qualifications of the participants and the award of the contracts.
(b)  An authority shall have up-to-date procedures for participation in negotiations on transportation projects.
(c)  An authority has exclusive judgment to determine the terms of an agreement.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.313. Participation on Certain Other Boards, Commissions, or Public Bodies

Sec. 370.313.  PARTICIPATION ON CERTAIN OTHER BOARDS, COMMISSIONS, OR PUBLIC BODIES.  (a)  An authority may participate in and designate board members to serve as representatives on boards, commissions, or public bodies, the purposes of which are to promote the development of joint toll facilities in this state, between this state and other states of the United States, or between this state and the United Mexican States or states of the United Mexican States.
(b)  A fee or expense associated with authority participation under this section may be reimbursed from money in the authority's feasibility study fund.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.315. Performance and Payment Bonds and Security

Sec. 370.315.  PERFORMANCE AND PAYMENT BONDS AND SECURITY.  Notwithstanding Chapter 2253, Government Code, an authority shall require any party to an agreement to operate or maintain a transportation project to provide performance and payment bonds or other forms of security, including corporate guarantee, in amounts considered by the authority to be adequate to protect the authority and to assure performance of all obligations to the authority and to subcontractors providing materials or labor for a transportation project.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects › Section 370.317. Agreements With Local Governments

Sec. 370.317.  AGREEMENTS WITH LOCAL GOVERNMENTS.  (a)  In this section, "local government" means a:
(1)  county, municipality, special district, or other political subdivision of this state;
(2)  local government corporation created under Subchapter D, Chapter 431; or
(3)  combination of two or more entities described by Subdivision (1) or (2).
(b)  A local government may enter into an agreement with an authority or a private entity under which the local government assists in the financing of the construction, maintenance, and operation of a turnpike project located in the government's jurisdiction in return for a percentage of the revenue from the project.
(c)  A local government may use any revenue available for road purposes, including bond and tax proceeds, to provide financing under Subsection (b).
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1279, Sec. 17, eff. June 17, 2011.
(e)  Revenue received by a local government under an agreement under this section must be used for transportation purposes.
Added by Acts 2005, 79th Leg., Ch. 1297 (H.B. 2650), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 17, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter H. Dissolution of Authority › Section 370.331. Voluntary Dissolution

Sec. 370.331.  VOLUNTARY DISSOLUTION.  (a)  An authority may not be dissolved unless the dissolution is approved by the commission.
(b)  A board may submit a request to the commission for approval to dissolve.
(c)  The commission may approve a request to dissolve only if:
(1)  all debts, obligations, and liabilities of the authority have been paid and discharged or adequate provision has been made for the payment of all debts, obligations, and liabilities;
(2)  there are no suits pending against the authority, or adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending suit;  and
(3)  the authority has commitments from other governmental entities to assume jurisdiction of all authority transportation facilities.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter H. Dissolution of Authority › Section 370.332. Involuntary Dissolution

Sec. 370.332.  INVOLUNTARY DISSOLUTION.  (a)  The commission by order may require an authority to dissolve if the commission determines that the authority has not substantially complied with the requirements of a commission rule or an agreement between the department and the authority.
(b)  The commission may not require dissolution unless:
(1)  the conditions described in Sections 370.331(c)(1) and (2) have been met;  and
(2)  the holders of any indebtedness have evidenced their agreement to the dissolution.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter H. Dissolution of Authority › Section 370.333. Voluntary Dissolution of Authority Governed by Governing Body of Municipality

Sec. 370.333.  VOLUNTARY DISSOLUTION OF AUTHORITY GOVERNED BY GOVERNING BODY OF MUNICIPALITY.  In addition to the requirements of Section 370.331, an authority governed under Section 370.2511 may not be dissolved unless:
(1)  the dissolution is approved by a vote of at least two-thirds of the members of the governing body;
(2)  all debts, obligations, and liabilities of the authority have been paid and discharged or adequate provision has been made for the payment of all debts, obligations, and liabilities;
(3)  there are no suits pending against the authority, or adequate provision has been made for the satisfaction of any judgment, order, or decree that may be entered against it in any pending suit; and
(4)  the authority has commitments from other governmental entities to assume jurisdiction of all authority transportation facilities.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 16, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter I. Transit Systems › Section 370.351. Transit Systems

Sec. 370.351.  TRANSIT SYSTEMS.  (a)  An authority may construct, own, operate, and maintain a transit system.
(b)  An authority shall determine each transit route, including transit route changes.
(c)  This chapter does not prohibit an authority, municipality, or transit provider from providing any service that complements a transit system, including providing parking garages, special transportation for persons who are disabled or elderly, or medical transportation services.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter I. Transit Systems › Section 370.352. Public Hearing on Fare and Service Changes

Sec. 370.352.  PUBLIC HEARING ON FARE AND SERVICE CHANGES.  (a)  In this section:
(1)  "Service change" means any addition or deletion resulting in the physical realignment of a transit route or a change in the type or frequency of service provided in a specific, regularly scheduled transit route.
(2)  "Transit revenue vehicle mile" means one mile traveled by a transit vehicle while the vehicle is available to public passengers.
(3)  "Transit route" means a route over which a transit vehicle travels that is specifically labeled or numbered for the purpose of picking up or discharging passengers at regularly scheduled stops and intervals.
(4)  "Transit route mile" means one mile along a transit route regularly traveled by transit vehicles while available to public passengers.
(b)  Except as provided by Section 370.353, an authority shall hold a public hearing on:
(1)  a fare change;
(2)  a service change involving:
(A)  25 percent or more of the number of transit route miles of a transit route; or
(B)  25 percent or more of the number of transit revenue vehicle miles of a transit route, computed daily, for the day of the week for which the change is made; or
(3)  the establishment of a new transit route.
(c)  An authority shall hold the public hearing required by Subsection (b) before the cumulative amount of service changes in a fiscal year equals a percentage amount described in Subsection (b)(2)(A) or (B).
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter I. Transit Systems › Section 370.353. Public Hearing on Fare and Service Changes: Exceptions

Sec. 370.353.  PUBLIC HEARING ON FARE AND SERVICE CHANGES:  EXCEPTIONS.  (a)  In this section, "experimental service change" means an addition of service to an existing transit route or the establishment of a new transit route.
(b)  A public hearing under Section 370.352 is not required for:
(1)  a reduced or free promotional fare that is instituted daily or periodically over a period of not more than 180 days;
(2)  a headway adjustment of not more than five minutes during peak-hour service and not more than 15 minutes during nonpeak-hour service;
(3)  a standard seasonal variation unless the number, timing, or type of the standard seasonal variation changes; or
(4)  an emergency or experimental service change in effect for 180 days or less.
(c)  A hearing on an experimental service change in effect for more than 180 days may be held before or while the experimental service change is in effect and satisfies the requirement for a public hearing if the hearing notice required by Section 370.354 states that the change may become permanent at the end of the effective period.  If a hearing is not held before or while the experimental service change is in effect, the service that existed before the change must be reinstituted at the end of the 180th day after the change became effective and a public hearing must be held in accordance with Section 370.352 before the experimental service change may be continued.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter I. Transit Systems › Section 370.354. Notice of Hearing on Fare or Service Change

Sec. 370.354.  NOTICE OF HEARING ON FARE OR SERVICE CHANGE.  (a)  After calling a public hearing required by Section 370.352, the authority shall:
(1)  at least 30 days before the date of the hearing, publish notice of the hearing at  least once in a newspaper of general circulation in the territory of the authority; and
(2)  post notice in each transit vehicle in service on any transit route affected by the proposed change for at least two weeks within 30 days before the date of the hearing.
(b)  The notice must contain:
(1)  a description of each proposed fare or service change, as appropriate;
(2)  the time and place of the hearing; and
(3)  if the hearing is required under Section 370.352(c), a description of the latest proposed change and the previous changes.
(c)  The requirement for a public hearing under Section 370.352 is satisfied at a public hearing required by federal law if:
(1)  the notice requirements of this section are met; and
(2)  the proposed fare or service change is addressed at the meeting.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter I. Transit Systems › Section 370.355. Criminal Penalties

Sec. 370.355.  CRIMINAL PENALTIES.  (a)  An authority by resolution may prohibit the use of the transit system by a person who fails to possess evidence showing that the appropriate fare for the use of the system has been paid and may establish reasonable and appropriate methods, including using peace officers under Section 370.181(c), to ensure that persons using the transit system pay the appropriate fare for that use.
(b)  An authority by resolution may provide that a fare for or charge for the use of the transit system that is not paid incurs a penalty, not to exceed $100.
(c)  The authority shall post signs designating each area in which a person is prohibited from using the transit system without possession of evidence showing that the appropriate fare has been paid.
(d)  A person commits an offense if:
(1)  the person or another for whom the person is criminally responsible under Section 7.02, Penal Code, uses the transit system and does not possess evidence showing that the appropriate fare has been paid; and
(2)  the person fails to pay the appropriate fare or other charge for the use of the transit system and any penalty on the fare on or before the 30th day after the date the authority notifies the person that the person is required to pay the amount of the fare or charge and the penalty.
(e)  The notice required by Subsection (d)(2) may be included in a citation issued to the person by a peace officer under Article 14.06, Code of Criminal Procedure, in connection with an offense relating to the nonpayment of the appropriate fare or charge for the use of the transit system.
(f)  An offense under Subsection (d) is a Class C misdemeanor.
(g)  An offense under Subsection (d) is not a crime of moral turpitude.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter J. Acquiring Transit Systems › Section 370.362. Sales and Use Tax

Sec. 370.362.  SALES AND USE TAX.  (a)  If an authority acquires a transit provider that has taxing authority, the authority may impose a sales and use tax at a permissible rate that does not exceed the rate approved by the voters residing in the service area of the transit provider's transit system at an election under this subchapter.
(b)  The authority by resolution may:
(1)  decrease the rate of the sales and use tax to a permissible rate; or
(2)  call an election for the increase or decrease of the sales and use tax to a permissible rate.
(c)  If an authority orders an election, the authority shall publish notice of the election in a newspaper of general circulation in the territory of the authority at least once each week for three consecutive weeks, with the first publication occurring at least 21 days before the date of the election.
(d)  A resolution ordering an election and the election notice required by Subsection (c) must show, in addition to the requirements of the Election Code, the hours of the election and polling places in election precincts.
(e)  A copy of the election notice required by Subsection (c) shall be furnished to the commission and the comptroller.
(f)  The permissible rates for a sales and use tax imposed under this subchapter are:
(1)  one-quarter of one percent;
(2)  one-half of one percent;
(3)  three-quarters of one percent; or
(4)  one percent.
(g)  Chapter 322, Tax Code, applies to a sales and use tax imposed under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter J. Acquiring Transit Systems › Section 370.363. Maximum Tax Rate

Sec. 370.363.  MAXIMUM TAX RATE.  (a)  An authority may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales and use taxes imposed by all political subdivisions of this state having territory in the service area of the transferred transit system exceeds two percent in any location in the service area.
(b)  An election to approve a sales and use tax or increase the rate of an authority's sales and use tax has no effect if:
(1)  the voters in the service area approve the authority's sales and use tax rate or rate increase at an election held on the same day on which a municipality or county having territory in the jurisdiction of the service area adopts a sales and use tax or an additional sales and use tax; and
(2)  the combined rates of all sales and use taxes imposed by the authority and all political subdivisions of this state would exceed two percent in any part of the territory in the service area.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter J. Acquiring Transit Systems › Section 370.364. Election to Change Tax Rate

Sec. 370.364.  ELECTION TO CHANGE TAX RATE.  (a)  At an election ordered under Section 370.362(b)(2), the ballots shall be printed to permit voting for or against the proposition: "The increase (decrease) of the local sales and use tax rate for mass transit to (percentage)."
(b)  The increase or decrease in the tax rate becomes effective only if it is approved by a majority of the votes cast.
(c)  A notice of the election and a certified copy of the order canvassing the election results shall be:
(1)  sent to the commission and the comptroller; and
(2)  filed in the deed records of the county.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter J. Acquiring Transit Systems › Section 370.365. Sales Tax: Effective Dates

Sec. 370.365.  SALES TAX:  EFFECTIVE DATES.  (a)  A sales and use tax implemented under this subchapter takes effect on the first day of the second calendar quarter that begins after the date the comptroller receives a copy of the order required to be sent under Section 370.364(c).
(b)  An increase or decrease in the rate of a sales and use tax implemented under this subchapter takes effect on:
(1)  the first day of the first calendar quarter that begins after the date the comptroller receives the notice provided under Section 370.364(c); or
(2)  the first day of the second calendar quarter that begins after the date the comptroller receives the notice, if within 10 days after the date of receipt of the notice the comptroller gives written notice to the board that the comptroller requires more time to implement tax collection and reporting procedures.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.76, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.401. Scope of and Limitations on Contracts

Sec. 370.401.  SCOPE OF AND LIMITATIONS ON CONTRACTS.  (a)  Notwithstanding the requirements of Chapter 2254, Government Code, an authority may use the design-build method for the design, construction, financing, expansion, extension, related capital maintenance, rehabilitation, alteration, or repair of a transportation project.
(b)  A design-build contract under this subchapter may not grant to a private entity:
(1)  a leasehold interest in the transportation project; or
(2)  the right to operate or retain revenue from the operation of the transportation project.
(c)  In using the design-build method and in entering into a contract for the services of a design-build contractor, the authority and the design-build contractor shall follow the procedures and requirements of this subchapter.
(d)  An authority may enter into not more than two design-build contracts for transportation projects in any fiscal year.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.402. Definitions

Sec. 370.402.  DEFINITIONS.  In this subchapter:
(1)  "Design-build contractor" means a partnership, corporation, or other legal entity or team that includes an engineering firm and a construction contractor qualified to engage in the construction of transportation projects in this state.
(2)  "Design-build method" means a project delivery method by which an entity contracts with a single entity to provide both design and construction services for the construction, rehabilitation, alteration, or repair of a facility.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.403. Use of Engineer or Engineering Firm

Sec. 370.403.  USE OF ENGINEER OR ENGINEERING FIRM.  (a)  To act as an authority's representative, independent of a design-build contractor, for the procurement process and for the duration of the work on a transportation project, an authority shall select or designate:
(1)  an engineer;
(2)  a qualified firm, selected in accordance with Section 2254.004, Government Code, that is independent of the design-build contractor; or
(3)  a general engineering consultant that was previously selected by an authority and is selected or designated in accordance with Section 2254.004, Government Code.
(b)  The selected or designated engineer or firm has full responsibility for complying with Chapter 1001, Occupations Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.404. Other Professional Services

Sec. 370.404.  OTHER PROFESSIONAL SERVICES.  (a)  An authority shall provide or contract for, independently of the design-build firm, the following services as necessary for the acceptance of the transportation project by the authority:
(1)  inspection services;
(2)  construction materials engineering and testing; and
(3)  verification testing services.
(b)  An authority shall ensure that the engineering services contracted for under this section are selected based on demonstrated competence and qualifications.
(c)  This section does not preclude the design-build contractor from providing construction quality assurance and quality control under a design-build contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.405. Request for Qualifications

Sec. 370.405.  REQUEST FOR QUALIFICATIONS.  (a)  For any transportation project to be delivered through the design-build method, an authority must prepare and issue a request for qualifications.  A request for qualifications must include:
(1)  information regarding the proposed project's location, scope, and limits;
(2)  information regarding funding that may be available for the project and a description of the financing to be requested from the design-build contractor, as applicable;
(3)  criteria that will be used to evaluate the proposals, which must include a proposer's qualifications, experience, technical competence, and ability to develop the project;
(4)  the relative weight to be given to the criteria; and
(5)  the deadline by which proposals must be received by the authority.
(b)  An authority shall publish notice advertising the issuance of a request for qualifications in the Texas Register and on an Internet website maintained by the authority.
(c)  An authority shall evaluate each qualifications statement received in response to a request for qualifications based on the criteria identified in the request.  An authority may interview responding proposers.  Based on the authority's evaluation of qualifications statements and interviews, if any, an authority shall qualify or short-list proposers to submit detailed proposals.
(d)  An authority shall qualify or short-list at least two, but no more than five, firms to submit detailed proposals under Section 370.406.  If an authority receives only one responsive proposal to a request for qualifications, the authority shall terminate the procurement.
(e)  An authority may withdraw a request for qualifications or request for detailed proposals at any time.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.407. Negotiation

Sec. 370.407.  NEGOTIATION.  (a)  After ranking the proposers under Section 370.406(h), an authority shall first attempt to negotiate a contract with the highest-ranked proposer.  If an authority has committed to paying a stipend to unsuccessful proposers in accordance with Section 370.409, an authority may include in the negotiations alternative technical concepts proposed by other proposers.
(b)  If an authority is unable to negotiate a satisfactory contract with the highest-ranked proposer, the authority shall, formally and in writing, end all negotiations with that proposer and proceed to negotiate with the next proposer in the order of the selection ranking until a contract is reached or negotiations with all ranked proposers end.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.4075. Changes to Design-Build Team

Sec. 370.4075.  CHANGES TO DESIGN-BUILD TEAM.  (a)  A design-build contractor selected for a contract may not make changes to companies or entities identified as part of the design-build team in a response to a request for proposals unless an identified company or entity:
(1)  is no longer in business, is unable to fulfill its legal, financial, or business obligations, or can no longer meet the terms of the teaming agreement proposed for the project with the design-build contractor;
(2)  voluntarily removes itself from the team;
(3)  fails to provide a sufficient number of qualified personnel to fulfill the duties identified during the proposal stage; or
(4)  fails to negotiate in good faith in a timely manner in accordance with provisions established in the teaming agreement proposed for the project.
(b)  If the design-build contractor makes design-build team changes in violation of Subsection (a), any cost savings resulting from the changes accrue to the authority and not to the design-build contractor.
Added by Acts 2019, 86th Leg., R.S., Ch. 773 (H.B. 1542), Sec. 2, eff. September 1, 2019.