reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.042. Authority to Borrow Money or Accept Federal Assistance

Sec. 364.042.  AUTHORITY TO BORROW MONEY OR ACCEPT FEDERAL ASSISTANCE.  (a)  To accomplish the purposes of this chapter, a county may:
(1)  borrow money from any person or corporation;  or
(2)  borrow money or accept grants from the United States or a corporation or agency created by or authorized to act as an agency of the United States.
(b)  In connection with a loan or grant under Subsection (a)(2), a county may enter into any related agreement that the United States, corporation, or agency requires.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.043. Authority to Issue Bonds

Sec. 364.043.  AUTHORITY TO ISSUE BONDS.  (a)  A county, through the commissioners court, may issue, sell, and deliver negotiable bonds to accomplish the purposes of this chapter.  The county may use the bonds or the proceeds of the sale of the bonds to acquire, construct, improve, enlarge, or equip in whole or in part a toll bridge or a related building, structure, or other facility under this chapter or may exchange the bonds for property to accomplish the purposes of this chapter.
(b)  Bonds issued under this chapter may be authorized by resolution or order from time to time.
(c)  Except as required by Section 364.045, a county by resolution or order of its commissioners court may issue bonds under this chapter and use the bonds or proceeds from their sale as provided by this chapter without:
(1)  holding an election to authorize that action;
(2)  giving or publishing notice of the county's intent to take that action;  or
(3)  advertising or calling for competitive bids in connection with that action.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 58 (S.B. 1334), Sec. 2, eff. May 18, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.044. Revenue Bonds

Sec. 364.044.  REVENUE BONDS.  (a)  Except for bonds issued under Section 364.045, bonds issued under this chapter are not a debt of the county issuing them and are a charge on and payable solely from the revenues of the toll bridge or bridges and appurtenances acquired through the issuance of the bonds, as provided by the bond proceedings.
(b)  Revenue bonds issued under this chapter are not considered in determining the authority of a county to issue bonds for any purpose authorized by law.
(c)  A revenue bond issued under this chapter must include the following clause:  "The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by taxation."
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.045. Combination Bonds and Ad Valorem Tax to Finance International Toll Bridge or Improvement

Sec. 364.045.  COMBINATION BONDS AND AD VALOREM TAX TO FINANCE INTERNATIONAL TOLL BRIDGE OR IMPROVEMENT.  (a)  A county may issue combination tax and revenue bonds to construct all or part of an international toll bridge or other improvement spanning the Rio Grande and may impose an ad valorem tax to pay all or part of the bonds if the issuance of the bonds and the imposition of the tax are approved by a majority of the votes received at an election held in the county for that purpose.
(b)  The commissioners court of a county may call an election under this section on its own motion at any regular session of the court.  The commissioners court shall call an election under this section at the next regular session of the court following the submission to the court of a petition requesting the election signed by a number of registered voters of the county that is equal to at least one percent of the number of votes cast in the county in the most recent general election for governor.
(c)  The election order and notice of election must include:
(1)  the purpose for which the bonds are to be issued;
(2)  the amount of the bonds;
(3)  the rate of interest;  and
(4)  a statement that unlimited ad valorem taxes are to be imposed annually on all taxable property in the county in amounts sufficient, together with revenues from the county toll bridge or toll bridge system, to pay the bonds at maturity.
(d)  The bonds must be made payable from revenues of the county toll bridge or toll bridge system and from ad valorem taxes imposed and collected in accordance with Section 52, Article III, Texas Constitution.  The ad valorem taxes must be imposed in amounts that, together with revenues from the county toll bridge or toll bridge system, are sufficient to retire the bonds.
(e)  The county may execute an agreement, contract, or trust with a private entity or with the United Mexican States or a political subdivision, department, or agency of the United Mexican States to finance, construct, operate, or maintain an international toll bridge in its entirety or other improvement spanning the Rio Grande.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.046. Mortgage or Pledge of Revenue to Secure Bonds

Sec. 364.046.  MORTGAGE OR PLEDGE OF REVENUE TO SECURE BONDS.  To accomplish any of the purposes of this chapter, a county authorized to issue bonds under this chapter with respect to those bonds may:
(1)  mortgage or pledge:
(A)  all or part of any interest in the county's toll bridge or bridges, together with any associated right or property described by Section 364.002, or any other property acquired or to be acquired with the bonds or the proceeds of the sale of the bonds;  or
(B)  all or part of the net or gross revenues of any property described by Paragraph (A);
(2)  secure the payment of the principal and interest on the bonds and of the sinking fund and reserve fund agreed to be established in connection with the bonds;  and
(3)  enter into any covenant or agreement with the purchasers of the bonds or any person on behalf of those purchasers with respect to the bonds to secure the payments described by Subdivision (2) and to provide rights and remedies to the purchasers or holders of the bonds or any person on their behalf as the commissioners court may provide by order or resolution.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.047. Additional Bonds

Sec. 364.047.  ADDITIONAL BONDS.  (a)  A county that has outstanding bonds payable from the revenue of a toll bridge or bridges may issue additional bonds to the extent and under the conditions prescribed by the provisions of the outstanding bonds and the proceedings related to those bonds, including any trust indenture securing those bonds.  The additional bonds may be secured by a pledge of and a lien on the net revenues of the bridge or bridges on a parity with the outstanding bonds under the conditions set out in the proceedings or trust indenture securing and authorizing the outstanding bonds.
(b)  A county that has acquired a toll bridge or bridges under this chapter may, in the manner provided by this chapter for the issuance of original bonds, issue and deliver subsequent bonds to repair, improve, reconstruct, or replace a toll bridge.  The issuance of bonds under this subsection is subject to the restrictions contained in the resolution or order of the commissioners court authorizing the original bonds and in the deed of indenture, if any, securing the issuance of the original issue of bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.048. Terms of Bonds; Negotiability

Sec. 364.048.  TERMS OF BONDS;  NEGOTIABILITY.  (a)  The commissioners court may prescribe the terms and conditions of bonds issued under this chapter and determine the manner of their sale.  The commissioners court by order or resolution shall determine:
(1)  the aggregate principal amount or amounts of the bonds;
(2)  the denominations of the bonds;
(3)  the date or dates of maturity;
(4)  the rate or rates of interest;
(5)  whether the bonds are payable annually or semiannually, and on what dates;
(6)  the form of the bonds;
(7)  the terms, provisions, and conditions of the bonds;
(8)  whether the bonds are coupon or registered bonds, and any registration privileges;
(9)  provisions for the call or redemption of the bonds before maturity;  and
(10)  the place or places, in or outside of this state, at which the bonds are payable.
(b)  Bonds issued under this chapter have all the qualifications and incidents of negotiable instruments as provided by the law of this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.049. Sale or Exchange of Bonds

Sec. 364.049.  SALE OR EXCHANGE OF BONDS.  A bond issued under this chapter may be:
(1)  sold for cash at a public or private sale at a price determined by the commissioners court;
(2)  issued on terms determined by the commissioners court in exchange for property of any kind or an interest in property of any kind, as the commissioners court determines is necessary and proper to accomplish a purpose of this chapter;  or
(3)  issued in exchange for a bond of the same issue, matured or unmatured, in the same principal amount.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.050. Trust Indenture

Sec. 364.050.  TRUST INDENTURE.  (a)  Bonds issued under this chapter may be secured by a trust indenture between the county and a corporate trustee that is a trust company or a bank that has the powers of a trust company.
(b)  The trust indenture may:
(1)  pledge or assign the tolls, charges, and revenues from the operation of the toll bridge or bridges;  or
(2)  mortgage all or part of the toll bridge or bridges.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.051. Depository of Bond Proceeds and Other Revenue

Sec. 364.051.  DEPOSITORY OF BOND PROCEEDS AND OTHER REVENUE.  (a)  Any bank or trust company in this state may be the depository of the proceeds of bonds issued under this chapter or revenues derived from the operation of a toll bridge acquired under this chapter.
(b)  The cash proceeds of the sale shall be deposited in the depository and shall be paid under the terms and conditions agreed on by the commissioners court and the purchasers of the bonds.
(c)  A depository may furnish the indemnity bonds or pledge the securities required by the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.052. Rights of Bondholders; Receivers

Sec. 364.052.  RIGHTS OF BONDHOLDERS;  RECEIVERS.  (a)  The trust indenture or the order or resolution authorizing the issuance of bonds under this chapter may include provisions to protect and enforce the rights and remedies of bondholders, including covenants determining the duties of the county in relation to:
(1)  the acquisition of properties and the construction, maintenance, operation, repair, and insurance of the toll bridge or bridges;  and
(2)  the custody, safekeeping, and disposition of the county's toll bridge revenues.
(b)  The holder of a bond issued under this chapter, including the trustee for a bondholder, in addition to all other rights may by mandamus or other judicial proceeding enforce the bondholder's rights against the county and its officers and employees, including the right to:
(1)  require the county and its commissioners court:
(A)  to impose and collect sufficient tolls and charges to carry out the agreements contained in the bond resolution or order or the trust indenture;  or
(B)  to perform each agreement or covenant in the bond resolution or trust indenture and each duty arising from the agreement or covenant;  or
(2)  apply for and obtain the appointment of a receiver for the toll bridge or bridges.
(c)  A receiver appointed under this section may enter and take possession of and maintain a toll bridge and collect all revenues and tolls derived from the bridge in the same manner as the county.  The receiver shall apply the money collected under this subsection in accordance with the county's obligations under the bond resolution or order or under the trust indenture and as the court may direct.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.053. Refunding Bonds

Sec. 364.053.  REFUNDING BONDS.  The commissioners court by resolution or order may issue bonds to refund outstanding bonds that were issued under this chapter, subject to any restriction in the bond resolutions or orders or in the trust indentures relating to the issuance of the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.054. Tax Exemptions; Payments in Lieu of Taxes

Sec. 364.054.  TAX EXEMPTIONS;  PAYMENTS IN LIEU OF TAXES.  (a)  A county carrying out this chapter may not be required to pay an assessment on property acquired under this chapter.
(b)  Bonds issued under this chapter, the transfer of those bonds, and income from those bonds, including profits from their sale, are exempt from taxation in this state.
(c)  A county that purchases a toll bridge under this chapter from a private owner may make payments, in amounts determined by the commissioners court, in lieu of ad valorem taxes previously paid by the owner to any common or independent school district in which the property is located.  The payments are considered operating expenses of the toll bridge for 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 G - Turnpikes and Toll Projects › Chapter 364 - Toll Bridges in Counties Bordering the Rio Grande › Subchapter C. Bonds and Finances › Section 364.055. Limitations on County Authority

Sec. 364.055.  LIMITATIONS ON COUNTY AUTHORITY.  Except as provided by Section 364.045, this chapter does not authorize a county to:
(1)  impose or collect a tax or assessment or pledge the credit of this state;  or
(2)  issue, sell, or deliver a bond, create an obligation, incur a liability, or enter an agreement to be paid, performed, met, or discharged using any tax or assessment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter A. General Provisions › Section 365.001. Definitions

Sec. 365.001.  DEFINITIONS.  In this chapter:
(1)  "Bonds" means tax bonds, tax and revenue bonds, revenue bonds, tax anticipation notes, revenue anticipation notes, grant anticipation notes, or a combination of those evidences of indebtedness.
(2)  "District" means a district created under Chapter 441 or Subchapter B, Chapter 257.
(3)  "Toll road project" means a road, street, highway, or turnpike constructed under this chapter and includes:
(A)  a necessary bridge, overpass, underpass, interchange, entrance plaza, approach, toll structure, or service station;
(B)  an administration, storage, or other necessary building;  and
(C)  property rights, easements, and interests acquired in connection with the project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter A. General Provisions › Section 365.002. Applicability

Sec. 365.002.  APPLICABILITY.  This chapter applies only to a county with a population of 175,000 or more.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter A. General Provisions › Section 365.003. Designation as Part of Road System

Sec. 365.003.  DESIGNATION AS PART OF ROAD SYSTEM.  A district may act to have a toll road become part of the state highway system or part of the road system of a county or municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter A. General Provisions › Section 365.004. Use of Certain Interest

Sec. 365.004.  USE OF CERTAIN INTEREST.  A district may use interest earned on its construction account for a purpose for which the district's financing documents permit the construction account to be used.  For this purpose, the district's governing body may redeposit into the construction account any interest that has been transferred to the credit of an interest and sinking account.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter B. Providing Toll Road › Section 365.011. Authority to Provide Toll Road

Sec. 365.011.  AUTHORITY TO PROVIDE TOLL ROAD.  A district may construct, acquire, improve, operate, repair, maintain, and finance a toll road project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter B. Providing Toll Road › Section 365.012. Toll Road District Powers

Sec. 365.012.  TOLL ROAD DISTRICT POWERS.  In exercising its authority under Section 365.011, a district has the powers of a county owning or operating a toll project under Chapter 284 regardless of whether the district is in a county to which that chapter applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter B. Providing Toll Road › Section 365.013. Nature and Location of Road and Structure

Sec. 365.013.  NATURE AND LOCATION OF ROAD AND STRUCTURE.  (a)  A toll road must be all or part of a state highway or a major arterial road that connects two state highways, two federal highways, or a combination of state and federal highways.
(b)  A district may not construct a toll structure within two miles of the intersection of the toll road and a federal highway unless the toll structure is located in a county with a population of more than 3.3 million or a county adjacent to a county with a population of more than 3.3 million.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 7.27, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 669, Sec. 135, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter B. Providing Toll Road › Section 365.014. Right of Free Access or Passage

Sec. 365.014.  RIGHT OF FREE ACCESS OR PASSAGE.  A district operating a toll road shall give to property that had access to and right of free passage on the road on or before August 28, 1989:
(1)  free access to the toll road;  or
(2)  an alternative right of passage.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter B. Providing Toll Road › Section 365.015. Use of Property of Governmental Entity

Sec. 365.015.  USE OF PROPERTY OF GOVERNMENTAL ENTITY.  (a)  Notwithstanding any other law, a district may use for a toll road project any real property, right-of-way, or other property of a governmental entity regardless of when or how the property is acquired.
(b)  The governing body of a governmental entity may, without advertising, convey title to or rights or easements in property needed for a toll road project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.031. Authority to Issue Bonds

Sec. 365.031.  AUTHORITY TO ISSUE BONDS.  A district may issue bonds to finance a toll road project:
(1)  to the extent and for the purpose a county may pay the cost of a project under Chapter 284;  and
(2)  as provided by Chapter 1371, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.390, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.032. Bond Election

Sec. 365.032.  BOND ELECTION.  (a)  Bonds issued under this chapter that are payable from ad valorem taxes must be approved at an election held as provided by Chapters 284 and 441.
(b)  An election is not necessary for the issuance of bonds under this chapter, including refunding bonds, payable only from district revenues.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.033. Sale of Bonds

Sec. 365.033.  SALE OF BONDS.  The district may sell bonds under this chapter in the manner, at public or private sale, and for the prices that the district's governing body determines is in the district's best interest.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.034. Bond Security

Sec. 365.034.  BOND SECURITY.  Bonds issued under this chapter may be secured by a trust indenture between the district and a corporate trustee that is a trust company or a bank that has the powers of a trust company.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.035. Bondholder Protection

Sec. 365.035.  BONDHOLDER PROTECTION.  The trust indenture or the resolution or order authorizing the issuance of bonds under this chapter may include provisions to protect and enforce the rights and remedies of bondholders, including covenants determining the district's duties in relation to:
(1)  the acquisition and financing of the toll road project;  and
(2)  the custody, safeguarding, and application of the district's toll road revenues.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.036. Refunding Bonds

Sec. 365.036.  REFUNDING BONDS.  (a)  A district may issue refunding bonds to refund its bonds under this chapter as provided by Chapter 1371, Government Code, and Chapter 441.
(b)  Refunding bonds may be payable from taxes, revenues, or a combination of taxes and revenues.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.391, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.037. County Ad Valorem Tax

Sec. 365.037.  COUNTY AD VALOREM TAX.  (a)  A county may impose an ad valorem tax under Section 9, Article VIII, or Section 52, Article III, of the Texas Constitution, and contract to pay and pledge taxes in support of its obligation to a district and the district's bondholders.
(b)  The tax proceeds shall be used annually to the extent required and for the payments provided by the county's contract with the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.038. County Payments Relating to District Bonds

Sec. 365.038.  COUNTY PAYMENTS RELATING TO DISTRICT BONDS.  (a)  A county in which a district is located may pay:
(1)  part of the principal or redemption price of or interest on the district's bonds;  or
(2)  the cost of operating or maintaining the district's toll road project.
(b)  The county may establish or maintain a reserve fund or a depreciation and replacement fund for the district's bonds or toll road project as a supplement to the district's pledge of revenue for those purposes or instead of a pledge of the district's revenue or taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.039. County Bonds and Certificates of Obligation

Sec. 365.039.  COUNTY BONDS AND CERTIFICATES OF OBLIGATION.  A county may authorize, issue, and sell its bonds or certificates of obligation and use the proceeds to:
(1)  call, redeem, and retire a district's outstanding bonds;
(2)  remove the pledge of the revenue from a district's toll road project or other road, street, or highway project and the district's convenants in connection with the bonds and toll road project;  and
(3)  make the toll road project available for use of the public free from tolls and charges.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.040. Authority for Tolls and Charges

Sec. 365.040.  AUTHORITY FOR TOLLS AND CHARGES.  A district may impose tolls and other charges for the use of a toll road project and may use toll revenue to retire outstanding indebtedness issued to pay the costs of a road providing service to the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.041. Amount of Tolls

Sec. 365.041.  AMOUNT OF TOLLS.  Revenue from tolls and other charges under Section 365.040 may be sufficient to:
(1)  pay all expenses necessary to maintain and operate the toll road project;
(2)  make necessary payments and otherwise comply with any permit or franchise for maintenance or operation of the toll road project;
(3)  pay the principal and redemption price of and interest on all bonds that the district is obligated to pay, regardless of whether the bonds were issued as revenue bonds;
(4)  pay all sinking fund or reserve fund payments agreed to be made in connection with bonds or other obligations as they become due and payable to establish a reasonable depreciation and emergency fund;
(5)  comply with any agreement made with the holders of the district's bonds or other obligations or with another person on the bondholder's behalf;  and
(6)  recover a reasonable rate of return on invested capital.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.042. Fines and Penalties

Sec. 365.042.  FINES AND PENALTIES.  A district may impose fines and penalties as provided by Chapter 284 as if the district were a county to which that chapter applies.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.043. County Expenses

Sec. 365.043.  COUNTY EXPENSES.  The district may reimburse a county, from any funds available to the district, for any expenses the county pays on behalf of the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 365 - Road District Toll Roads › Subchapter C. Financial Provisions › Section 365.044. Costs of Certain Acquisitions and Alterations

Sec. 365.044.  COSTS OF CERTAIN ACQUISITIONS AND ALTERATIONS.  A transportation corporation, state agency, political subdivision, or road district that acquires, inside or outside the right-of-way of a project, an interest in real property required for or beneficial to a project or to adjust utilities for a project or design, construct, improve, or beautify a project, or that in exercising the power of eminent domain requires the relocating, raising, lowering, rerouting, changing of grade, or altering of construction of a railroad, highway, pipeline, or electric transmission or distribution, telegraph, or telephone line, conduit, pole, or facility shall pay the cost of that action so as to provide comparable replacement, less the salvage value, of any replaced facility.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter A. General Provisions › Section 366.001. Short Title

Sec. 366.001.  SHORT TITLE.  This chapter may be cited as the Regional Tollway Authority Act.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter A. General Provisions › Section 366.002. Purposes; Liberal Construction

Sec. 366.002.  PURPOSES;  LIBERAL CONSTRUCTION.  (a)  The purposes of this chapter are:
(1)  the expansion and improvement of transportation facilities and systems in this state;
(2)  the creation of regional tollway authorities to secure and acquire rights-of-way for urgently needed transportation systems and to plan, design, construct, operate, expand, extend, and modify those systems;  and
(3)  the reduction of burdens and demands on the limited money available to the commission and an increase in the effectiveness and efficiency of the commission.
(b)  This chapter shall be liberally construed to effect its purposes.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter A. General Provisions › Section 366.004. Construction Costs Defined

Sec. 366.004.  CONSTRUCTION COSTS DEFINED.  (a)  The cost of acquisition, construction, improvement, extension, or expansion of a turnpike project or system under this chapter includes the cost of:
(1)  the actual acquisition, construction, improvement, extension, or expansion of the turnpike project or system;
(2)  the acquisition of real property, rights-of-way, property rights, easements, and other interests in real property;
(3)  machinery and equipment;
(4)  interest payable before, during, and after acquisition, construction, improvement, extension, or expansion as provided in the bond proceedings;
(5)  traffic estimates, revenue estimates, engineering and legal services, plans, specifications, surveys, appraisals, construction cost estimates, and other expenses necessary or incidental to determining the feasibility of the construction, improvement, extension, or expansion;
(6)  necessary or incidental administrative, legal, and other expenses;
(7)  compliance with laws, regulations, and administrative rulings;
(8)  financing;
(9)  the assumption of debts, obligations, and liabilities of an entity relating to a turnpike project or system transferred to an authority by that entity; and
(10)  expenses related to the initial operation of the turnpike project or system.
(b)  Costs attributable to a turnpike project or system and incurred before the issuance of bonds to finance the turnpike project or system may be reimbursed from the proceeds of sale of the bonds.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.57, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter B. Creation and Powers of Regional Tollway Authorities › Section 366.031. Creation and Expansion of a Regional Tollway Authority

Sec. 366.031.  CREATION AND EXPANSION OF A REGIONAL TOLLWAY AUTHORITY.  (a)  Two or more counties, acting through their respective commissioners courts, may by order passed by each commissioners court create a regional tollway authority under this chapter if:
(1)  one of the counties has a population of not less than 300,000;
(2)  the counties form a contiguous territory; and
(3)  unless one of the counties has a population of 2.5 million or more, the commission approves the creation.
(b)  The commission shall adopt rules to implement the provisions of this section by March 1, 1998.
(c)  A commissioners court may by resolution petition an established authority for inclusion in the authority if the county is contiguous to a county that initially created the authority.
(d)  On approval of the board of an authority receiving a petition under Subsection (c), the county becomes part of the authority.
(e)  A county that is not part of an authority and in which an authority turnpike project is located becomes part of the authority on the date the authority determines that:
(1)  recorded electronic toll collections at toll assessment facilities located in the county account for not less than four percent of all recorded electronic toll collections on all of the authority's turnpike projects; and
(2)  the population of the county is at least four percent of the aggregate population of all the counties of the authority, not including the county that will become part of the authority.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 127, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 727 (H.B. 1394), Sec. 1, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 245, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter B. Creation and Powers of Regional Tollway Authorities › Section 366.0311. Advisory Committee for Projects Located Outside Authority

Sec. 366.0311.  ADVISORY COMMITTEE FOR PROJECTS LOCATED OUTSIDE AUTHORITY.  (a)  At the time an authority enters into a primary construction contract for its first project to be located in a county that is not part of the authority, the authority shall create an advisory committee to advise the board on matters related to projects located in counties that are not part of the authority.
(b)  The advisory committee must be composed of:
(1)  the director of the authority appointed by the governor, who serves as the chair of the committee;
(2)  an additional director of the authority appointed by the presiding officer of the board as the presiding officer deems appropriate; and
(3)  one member from each county that is not part of the authority and in which a project is proposed to be located, to be appointed by the commissioners court of that county at the time a primary construction contract for the project is entered into.
(c)  An advisory committee member appointed under Subsection (b)(3) is not a director of the authority for the purposes of Section 366.251 or any other purpose.
(d)  The board may adopt rules governing the operation and duties of an advisory committee.
Added by Acts 2015, 84th Leg., R.S., Ch. 727 (H.B. 1394), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter B. Creation and Powers of Regional Tollway Authorities › Section 366.032. Nature of Regional Tollway Authority

Sec. 366.032.  NATURE OF REGIONAL TOLLWAY AUTHORITY.  (a)  An authority created under this chapter is a body politic and corporate and a political subdivision of this state.
(b)  An authority is a governmental unit as that term is defined in Chapter 101, Civil Practice and Remedies Code.
(c)  The exercise by an authority of the powers conferred by this chapter in the acquisition, design, financing, construction, operation, and maintenance of a turnpike project or system is:
(1)  in all respects for the benefit of the people of the counties in which an authority operates and of the people of this state, for the increase of their commerce and prosperity, and for the improvement of their health, living conditions, and public safety;  and
(2)  an essential governmental function of the state.
(d)  The operations of an authority are governmental, not proprietary, functions.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter B. Creation and Powers of Regional Tollway Authorities › Section 366.034. Establishment of Turnpike Systems

Sec. 366.034.  ESTABLISHMENT OF TURNPIKE SYSTEMS.  (a)  If an authority determines that the traffic needs of the counties in which it operates and the traffic needs of the surrounding region could be most efficiently and economically met by jointly operating two or more turnpike projects as one operational and financial enterprise, it may create a system comprised of those turnpike projects.  An authority may create more than one system and may combine two or more systems into one system.  An authority may finance, acquire, construct, and operate additional turnpike projects as additions to and expansions of a system if the authority determines that the turnpike project could most efficiently and economically be acquired and constructed if it were a part of the system and that the addition will benefit the system.
(b)  The revenue of a system shall be accounted for separately and may not be commingled with the revenue of a turnpike project that is not a part of the system or with the revenue of another system.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter B. Creation and Powers of Regional Tollway Authorities › Section 366.036. Transfer of Turnpike Project or System

Sec. 366.036.  TRANSFER OF TURNPIKE PROJECT OR SYSTEM.  (a)  An authority may transfer any of its turnpike projects or systems to one or more local governmental entities if:
(1)  the authority has commitments from the governing bodies of the local governmental entities to assume jurisdiction over the transferred projects or systems;
(2)  property and contract rights in the transferred projects or systems and bonds issued for the projects or systems are not affected unfavorably;
(3)  the transfer is not prohibited under the bond proceedings applicable to the transferred projects or systems;
(4)  adequate provision has been made for the assumption of all debts, obligations, and liabilities of the authority relating to the transferred projects or systems by the local governmental entities assuming jurisdiction over the transferred projects or systems;
(5)  the local governmental entities are authorized to assume jurisdiction over the transferred projects or systems and to assume the debts, obligations, and liabilities of the authority relating to the transferred projects or systems; and
(6)  the transfer has been approved by the commissioners court of each county that is part of the authority.
(b)  An authority may transfer to one or more local governmental entities any traffic estimates, revenue estimates, plans, specifications, surveys, appraisals, and other work product developed by the authority in determining the feasibility of the construction, improvement, extension, or expansion of a turnpike project or system, and the authority's rights and obligations under any related agreements, if the requirements of Subsections (a)(1) and (6) are met.
(c)  A local governmental entity shall, using any lawfully available funds, reimburse any expenditures made by an authority from its feasibility study fund or otherwise to pay the costs of work product transferred to the local governmental entity under Subsection (b) and any other amounts expended under related agreements transferred to the local governmental entity.  The reimbursement may be made over time, as determined by the local governmental entity and the authority.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.59, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter C. Feasibility of Regional Turnpike Projects › Section 366.071. Expenditures for Feasibility Studies

Sec. 366.071.  EXPENDITURES FOR FEASIBILITY STUDIES.  (a)  An authority may pay the expenses of studying the cost and feasibility and any other expenses relating to the preparation and issuance of bonds for a proposed turnpike project or system by:
(1)  using legally available revenue derived from an existing turnpike project or system;
(2)  borrowing money and issuing bonds or entering into a loan agreement payable out of legally available revenue anticipated to be derived from the operation of an existing turnpike project or system;  or
(3)  pledging to the payment of the bonds or loan agreements legally available revenue anticipated to be derived from the operation of an existing turnpike project or system or revenue legally available to the authority from another source.
(b)  Money spent under this section for a proposed turnpike project or system must be reimbursed to the turnpike project or system from which the money was spent from the proceeds of bonds issued for the acquisition and construction of the proposed turnpike project or system.
(c)  The use of any money of a turnpike project or system to study the feasibility of another turnpike project or system or used to repay any money used for that purpose does not constitute an operating expense of the turnpike project or system producing the revenue and may only be paid from the surplus money of the turnpike project or system.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 366 - Regional Tollway Authorities › Subchapter C. Feasibility of Regional Turnpike Projects › Section 366.072. Feasibility Study Fund

Sec. 366.072.  FEASIBILITY STUDY FUND.  (a)  An authority may maintain a feasibility study fund.  The fund is a revolving fund held in trust by a banking institution chosen by the authority and shall be kept separate from the money for any turnpike project or system.
(b)  An authority may transfer an amount from a surplus fund established for a turnpike project or system to the authority's feasibility study fund if the remainder of the surplus fund is not less than any minimum amount required by the bond proceedings to be retained for that turnpike project or system.
(c)  Money in the feasibility study fund may be used only to pay the expenses of studying the cost and feasibility and any other expenses relating to:
(1)  the preparation and issuance of bonds for the acquisition and construction of a proposed turnpike project or system;
(2)  the financing of the improvement, extension, or expansion of an existing turnpike project or system;  and
(3)  private participation, as authorized by law, in the financing of a proposed turnpike project or system, the refinancing of an existing turnpike project or system, or the improvement, extension, or expansion of a turnpike project or system.
(d)  Money spent under Subsection (c) for a proposed turnpike project or system must be reimbursed from the proceeds of turnpike revenue bonds issued for, or other proceeds that may be used for, the acquisition, construction, improvement, extension, expansion, or operation of the turnpike project or system.
(e)  For a purpose described by Subsection (c), an authority may borrow money and issue promissory notes or other interest-bearing evidences of indebtedness payable out of its feasibility study fund, pledging money in the fund or to be placed in the fund.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.