reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.077. Officers

Sec. 441.077.  OFFICERS.  (a)  After each directors' election, the board shall hold a regular meeting at a district office and elect from the directors a presiding officer, assistant presiding officer, secretary, and treasurer.  A person elected under this subsection serves until the first regular board meeting following the next directors' election, and shall perform the duties and may exercise the powers specifically provided by this chapter or the board's orders.
(b)  The presiding officer shall preside over board meetings.  If the presiding officer is absent, the assistant presiding officer shall preside.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.078. General Manager

Sec. 441.078.  GENERAL MANAGER.  The board may employ a general manager and delegate to the general manager full authority to manage and operate the affairs of the district, subject only to board orders.  The general manager is the chief administrative officer of the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.079. Other Officers

Sec. 441.079.  OTHER OFFICERS.  The board may appoint or employ an engineer, attorney, or accountant.  A person appointed or employed under this section is entitled to compensation provided by the district's budget.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.080. Personnel

Sec. 441.080.  PERSONNEL.  (a)  The board or the general manager, if the district has a general manager, may:
(1)  employ persons necessary to carry out the business and operation of the district;  and
(2)  employ or contract with personnel necessary to carry out this chapter.
(b)  The board shall determine the employees' terms of employment and compensation.
(c)  A majority of the members of the board or the general manager, if the district has a general manager, may dismiss an employee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.081. Officer's, Employee's, or Contractor's Bond

Sec. 441.081.  OFFICER'S, EMPLOYEE'S, OR CONTRACTOR'S BOND.  (a)  The board shall require each officer, employee, or person under contract to the district who collects, pays, or handles district money to furnish a bond.
(b)  The bond must be:
(1)  payable to the district;
(2)  for an amount sufficient to protect the district from financial loss resulting from the person's actions;  and
(3)  conditioned on the faithful performance of the person's duties and on accounting for all district money and other property under the person's control.
(c)  The district shall pay for the bond.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.082. Meetings

Sec. 441.082.  MEETINGS.  (a)  The board shall hold regular meetings on dates established by board order.
(b)  The board may hold special meetings at the call of the presiding officer or on request of three members of the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.083. Vote Required for Action

Sec. 441.083.  VOTE REQUIRED FOR ACTION.  An action of the board requires the affirmative vote of a majority of the board members.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.084. Records

Sec. 441.084.  RECORDS.  The district shall keep a complete written account of all of its proceedings and securely maintain district records.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.085. Office

Sec. 441.085.  OFFICE.  The board shall maintain one or more offices for conducting district business.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter D. Governance › Section 441.086. Seal

Sec. 441.086.  SEAL.  The board shall adopt a seal for the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter E. Powers and Duties › Section 441.101. General Powers and Duties

Sec. 441.101.  GENERAL POWERS AND DUTIES.  (a)  A district may:
(1)  acquire a road facility, acquire property for a road facility, and construct or improve a road facility, inside or outside district boundaries, as provided by this chapter;
(2)  provide financing for a road facility or for construction, acquisition, or improvement of a road facility from money available to the district under this chapter;
(3)  advise any person and consult, cooperate, or enter an agreement with any person;
(4)  apply for, accept, receive, and administer a gift, grant, loan, or money available from any source;
(5)  reimburse a private entity for money spent to construct a road or improvement that has been or will be dedicated or otherwise transferred to public use, or purchase a road or improvement constructed by a private entity, regardless of whether the construction occurs before or after the creation of the district;  and
(6)  exercise other powers and duties to accomplish the purposes for which the district was created.
(b)  The board may contract with any person to carry out the powers and duties under this chapter.  The board shall execute the contract in the name of the district.
(c)  The district may assume a contract or other obligation of a previous owner of a road facility or property acquired by the district and perform the contract or obligation in the same manner as any other purchaser or assignee, if the contract or obligation was created as provided by the competitive bidding requirements of Subchapter B, Chapter 271, Local Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter E. Powers and Duties › Section 441.102. Rules

Sec. 441.102.  RULES.  After notice and hearing, the board shall adopt rules to carry out this chapter, including rules providing procedures for giving notice and holding hearings before the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter E. Powers and Duties › Section 441.103. Suit and Judgment

Sec. 441.103.  SUIT AND JUDGMENT.  (a)  A district, through its board and in the name of the district, may sue and be sued in a state court.  Process in a suit may be served on the presiding officer of the board.
(b)  A state court shall take judicial notice of the creation of the board.
(c)  A state court that renders a money judgment against a district may require the board to pay the judgment from money in the district depository that is not dedicated to the payment of district indebtedness.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter F. Road Facilities › Section 441.111. Construction, Acquisition, or Improvement of Road Facility

Sec. 441.111.  CONSTRUCTION, ACQUISITION, OR IMPROVEMENT OF ROAD FACILITY.  (a)  A district shall construct, acquire, and improve a road facility included in the plan the commission approves so that the road facility meets the requirements of the plan.
(b)  A district may not construct, acquire, or improve a road facility outside the district boundaries unless:
(1)  the district presents to the commission sufficient evidence that the construction, acquisition, or improvement is of benefit to the district;  and
(2)  the commission and the governmental entity to which the road facility is to be conveyed approve the construction, acquisition, or improvement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter F. Road Facilities › Section 441.112. Progress Payments

Sec. 441.112.  PROGRESS PAYMENTS.  A contract of the district for the construction or improvement of a road facility may include a procedure for paying for the construction or improvement as work progresses.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter F. Road Facilities › Section 441.113. Joint Project

Sec. 441.113.  JOINT PROJECT.  (a)  A district contract with a state agency, a political subdivision, or a corporation created by the commission under Chapter 431 may:
(1)  provide for joint payment of the costs of a project;  and
(2)  require the state agency, political subdivision, or corporation to design, construct, or improve, including landscape, a project as provided by the contract.
(b)  The district may issue bonds to pay all or part of the costs of the project and any other payments required under the contract.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter F. Road Facilities › Section 441.114. Competitive Bids

Sec. 441.114.  COMPETITIVE BIDS.  A district may enter a construction or improvement contract requiring an expenditure of more than $15,000 only after competitive bidding as provided by Subchapter B, Chapter 271, Local Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter F. Road Facilities › Section 441.115. Contractor Bond

Sec. 441.115.  CONTRACTOR BOND.  A contractor shall execute a bond for the amount of the contract price.  The bond must be payable to and approved by the board and conditioned on:
(1)  faithful performance of the contract obligations;  and
(2)  payment to the district of damages resulting from any default.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter F. Road Facilities › Section 441.116. Changes to Road Facilities

Sec. 441.116.  CHANGES TO ROAD FACILITIES.  (a)  Before a road facility is conveyed to a governmental entity, a district may make a change to the road facility that is not included in the plan approved by the commission if:
(1)  the board determines that the change is necessary to:
(A)  comply with the requirements of the governmental entity to which the road facility is to be conveyed;
(B)  comply with the requirements of each municipality in which or extraterritorial jurisdiction of which the road facility is to be located, if the road facility is to be conveyed to a county;
(C)  provide an adequate and efficient road system for travelers in the district;  or
(D)  adjust to circumstances or requirements that did not exist when the commission approved the original plan;  and
(2)  the commission approves the change in writing.
(b)  Before approving the change, the commission shall consult the governmental entity to which the road facility is to be conveyed regarding the proposed change.
(c)  Before making a change, a district to which Section 441.017 applies must receive written permission from the governmental entity assuming maintenance and any municipality in the extraterritorial jurisdiction of which the district is located.
(d)  The commission shall adopt rules of procedure for:
(1)  filing a request for a change;  and
(2)  approving a change.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter F. Road Facilities › Section 441.117. Monitoring Work

Sec. 441.117.  MONITORING WORK.  (a)  The board controls the construction, acquisition, and improvement of a district road facility until it is conveyed under Section 441.133.  The board shall monitor a contractor's work as it is performed on the road facility and shall immediately act as necessary to ensure compliance with the contract.  The board may use inspectors, engineers, or other district personnel as monitors.
(b)  The board shall adopt a procedure for periodic reporting by the monitors.
(c)  On completion of construction, acquisition, or improvement of the road facility, the monitors shall submit a written report to the board and the governmental entity to which the road facility is to be conveyed.  The report must show whether the road facility complies with:
(1)  the district's plan approved by the commission;
(2)  the contract;  and
(3)  the requirements of the governmental entity to which the road facility is to be conveyed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter G. Conveyance of Road Facility › Section 441.131. Hearing on Final Approval

Sec. 441.131.  HEARING ON FINAL APPROVAL.  (a)  After receiving the report under Section 441.117(c), the board shall give notice of and hold a public hearing to determine whether a road facility:
(1)  is complete as required by the district's plans and the contract;  and
(2)  should be conveyed to the governmental entity.
(b)  At the hearing, the board may require the presentation of additional information or testimony necessary to make a determination.
(c)  A representative of the governing body of the governmental entity to which the road facility is to be conveyed may present information and testimony that the governmental entity considers necessary.
(d)  If the road facility is to be conveyed to a county, a representative of any municipality in which or extraterritorial jurisdiction of which the road facility is located may present information and testimony that the municipality considers necessary.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter G. Conveyance of Road Facility › Section 441.132. Decision on Approval

Sec. 441.132.  DECISION ON APPROVAL.  (a)  If the board determines at the end of a hearing under Section 441.131 that the work on the road facility is complete and the road facility should be conveyed to the governmental entity, the board shall order the conveyance subject to the requirements of this chapter.  The board shall file with the commission a copy of the order and the proposed conveyance instrument.
(b)  If the board determines that the work on the road facility has not been completed satisfactorily, the board shall act as necessary to complete the road facility as required by the district's plans and the contract.  The district shall follow the procedures and requirements of Sections 441.117 and 441.131 before conveying the road facility to the governmental entity.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter G. Conveyance of Road Facility › Section 441.133. Conveyance Required

Sec. 441.133.  CONVEYANCE REQUIRED.  (a)  A district shall convey a road facility to the governmental entity designated in the district's petition to the commission on completion and approval by the board of the construction, acquisition, or improvement and on approval by the commission.
(b)  The district shall convey the road facility free and clear of district indebtedness and may not convey a road that is encumbered.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter G. Conveyance of Road Facility › Section 441.134. Commission Conveyance Order

Sec. 441.134.  COMMISSION CONVEYANCE ORDER.  (a)  Except as provided by Subsections (b) and (c), the commission by order shall authorize the conveyance of a road facility to a governmental entity not later than the 15th day after the date that it receives a board's order to convey.
(b)  The commission by order shall delay the conveyance until the district complies with the plans and written commission approvals if:
(1)  the commission considers the road facility not to be completed according to the plans and written commission approvals;
(2)  the governmental entity to which the road facility is being conveyed files a written protest;  or
(3)  a municipality in which or extraterritorial jurisdiction of which the road facility is located, if the road facility is being transferred to a county, files a written protest.
(c)  An order under Subsection (b) must be issued not later than the 15th day after the later of the date that the commission receives the board's conveyance order or the date a protest is filed.
(d)  The commission is not required to hold a hearing before making an order under this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter G. Conveyance of Road Facility › Section 441.135. Transfer of Ownership and Responsibility

Sec. 441.135.  TRANSFER OF OWNERSHIP AND RESPONSIBILITY.  (a)  The governmental entity to which a road facility is conveyed is the owner of and has jurisdiction and sole control over the road facility.
(b)  After the conveyance, the governmental entity is responsible for all maintenance of the road facility and the district is not responsible for the road facility or its maintenance.
(c)  This section does not affect the governmental entity's authority to alter, relocate, close, or discontinue maintenance of the road facility as provided by law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter G. Conveyance of Road Facility › Section 441.136. Effect of Conveyance on Indebtedness

Sec. 441.136.  EFFECT OF CONVEYANCE ON INDEBTEDNESS.  Conveyance of a road facility to a governmental entity under this subchapter does not affect:
(1)  the sole responsibility of the district to pay in full the principal of and interest and any premium on any outstanding district bonds or other indebtedness;  or
(2)  the district's responsibility to perform the obligations provided by the orders or resolutions authorizing the bonds or other indebtedness.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter G. Conveyance of Road Facility › Section 441.137. Partial Conveyance

Sec. 441.137.  PARTIAL CONVEYANCE.  This chapter does not prevent conveyance of part of the road facilities that a district constructs in stages.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter H. Financial Provisions › Section 441.151. Fiscal Year

Sec. 441.151.  FISCAL YEAR.  (a)  The board shall establish a fiscal year for the district.
(b)  The board may not change the fiscal year more than once in a 24-month period.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter H. Financial Provisions › Section 441.152. Budget

Sec. 441.152.  BUDGET.  (a)  The board shall prepare and approve an annual budget.
(b)  The budget must contain a complete financial statement, including a statement of:
(1)  the outstanding obligations of the district;
(2)  the amount of cash credited to each district fund;
(3)  the amount of money the district received from all sources during the previous year;
(4)  the amount of money available to the district from all sources during the ensuing year;
(5)  the balances expected at the end of the year in which the budget is being prepared;
(6)  the estimated revenue and balances available to cover the proposed budget;  and
(7)  the estimated tax rate that will be required.
(c)  The board may amend the budget after adoption.
(d)  Money may not be spent for an expense not included in the budget or an amendment to it unless the board by order declares the expense to be necessary.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter H. Financial Provisions › Section 441.153. Audit

Sec. 441.153.  AUDIT.  The board shall have an annual audit made of the district's financial condition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter H. Financial Provisions › Section 441.154. Depository

Sec. 441.154.  DEPOSITORY.  (a)  The board shall name one or more banks to serve as depository for district money.
(b)  The district shall deposit money, other than money transmitted to a bank of payment for district bonds, with the depository bank as received.  The money shall remain on deposit, except that this section does not limit the board's power to invest district money as provided by Section 441.156.
(c)  The district may not deposit money in a bank in an amount that exceeds the maximum amount secured by the Federal Deposit Insurance Corporation unless the bank executes a bond or provides other security in an amount sufficient to secure from loss district money that exceeds the amount secured by the Federal Deposit Insurance Corporation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter H. Financial Provisions › Section 441.155. Payment of Expenses

Sec. 441.155.  PAYMENT OF EXPENSES.  (a)  The district's directors may pay:
(1)  costs and expenses necessarily incurred in the district's creation, organization, and operation;
(2)  legal fees;  and
(3)  other incidental expenses.
(b)  The district's directors may reimburse a person for money advanced for a purpose under Subsection (a).
(c)  A payment may be made from the proceeds of district bonds, taxes, fees, or other district revenue.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter H. Financial Provisions › Section 441.157. Investment Representative

Sec. 441.157.  INVESTMENT REPRESENTATIVE.  The board by resolution may provide that an authorized representative of the district may invest the district's money and provide for money to be withdrawn from the appropriate accounts of the district for investment on terms the board considers advisable.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter H. Financial Provisions › Section 441.158. Borrowing Money

Sec. 441.158.  BORROWING MONEY.  The district may borrow money for any purpose authorized under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.171. Issuance of Bonds

Sec. 441.171.  ISSUANCE OF BONDS.  The board may issue and sell bonds in the name of the district to construct, acquire, or improve district road facilities as provided by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.172. Tax Bond Election

Sec. 441.172.  TAX BOND ELECTION.  (a)  The district may not issue bonds secured by taxes unless the issuance of the bonds is approved at an election ordered by the board within the district boundaries for that purpose.
(b)  The district may issue bonds not secured by taxes without an election.
(c)  In addition to the requirements of the Election Code, the order shall state:
(1)  the nature of the election;
(2)  the hours during which polls will be open;
(3)  the location of polling places;
(4)  the amount of the bonds to be authorized;  and
(5)  the maximum maturity of the bonds.
(d)  Notice of the election must be given as provided by Section 441.031 for a confirmation and directors' election.
(e)  The ballot at the election must be printed to provide for voting for or against the issuance of the bonds and the imposition of ad valorem taxes for payment of the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.173. Form and Provisions of Bonds

Sec. 441.173.  FORM AND PROVISIONS OF BONDS.  (a)  The district may issue the bonds in various series or issues.  The bonds may mature serially or otherwise not more than 50 years after their date.  The bonds may be made redeemable before maturity at the option of the district or may contain a mandatory redemption provision.
(b)  An order or resolution of the board authorizing the issuance of the bonds, including refunding bonds, may:
(1)  provide for the management of money;
(2)  provide for the establishment and maintenance of an interest and sinking fund, a reserve fund, and other funds;
(3)  prohibit further issuance of bonds or other obligations payable from pledged fees or reserve the right to issue additional bonds secured by a pledge of and payable from the fees on a parity with or subordinate to the pledge in support of the bonds being issued;  and
(4)  contain other covenants and provisions as the board determines.
(c)  The board may adopt and have executed other proceedings or instruments necessary and convenient in connection with the issuance of bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.174. Examination

Sec. 441.174.  EXAMINATION.  District bonds and the records relating to their issuance shall be submitted to the attorney general for examination.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.175. Refunding Bonds

Sec. 441.175.  REFUNDING BONDS.  The district may issue refunding bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.176. Tax Exemption

Sec. 441.176.  TAX EXEMPTION.  District bonds, a transaction relating to the bonds, and a profit made in the sale of the bonds are exempt from state or local taxation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.177. Bondholder Mandamus

Sec. 441.177.  BONDHOLDER MANDAMUS.  A holder of a district bond is entitled, in addition to any other right or remedy provided by state law, to a writ of mandamus requiring the district and its officials to perform any obligation that:
(1)  is provided by the order or resolution authorizing issuance of the bond;  and
(2)  the district fails to perform, including:
(A)  defaulting in the payment of principal, interest, or redemption price on the bond when due;  and
(B)  failing to make payment into any fund created in the order or resolution.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.178. Use of Bond Proceeds

Sec. 441.178.  USE OF BOND PROCEEDS.  The district may use bond proceeds to:
(1)  construct, acquire, or improve a road facility;
(2)  pay an expense related to the road facility;
(3)  pay, or establish a reasonable reserve to pay, not more than three years' interest on the district's bonds;  and
(4)  pay an expense related to issuance and sale of bonds as provided by the bond orders or resolutions.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.179. Disposition of Proceeds

Sec. 441.179.  DISPOSITION OF PROCEEDS.  The district shall deposit the part of the purchase money of bonds that represents capitalized interest in a special account in the district depository and use that money to pay interest that comes due on bonds.  Money remaining in that account after payment of the costs of issuance of the bonds shall be transferred to the credit of the regular account of the district in the district depository.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter I. Bonds › Section 441.180. Manner of Repayment

Sec. 441.180.  MANNER OF REPAYMENT.  (a)  The board may provide for the payment of the principal of and interest on the bonds by one or more of the following methods:
(1)  imposition and collection of ad valorem taxes;
(2)  adoption of a plan of taxation authorized by Sections 51.502-51.506, Water Code, as provided by those sections;  or
(3)  pledging all or part of the fees under Section 441.197.
(b)  In this chapter, a reference to ad valorem taxes includes a reference to any other tax the board imposes as provided by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.191. Imposition of Taxes

Sec. 441.191.  IMPOSITION OF TAXES.  The board may annually impose taxes to pay the principal of and interest on district bonds and the expense of assessing and collecting taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.192. Maintenance Tax

Sec. 441.192.  MAINTENANCE TAX.  (a)  A district may impose a maintenance tax to pay the district's operating expenses if, at an election in the district ordered for that purpose, a majority of the votes received favor the imposition of the tax.
(b)  The amount of the tax may not exceed 25 cents on each $100 of assessed valuation of property in the district.
(c)  The election shall be held as provided for a confirmation and directors' election under Sections 441.030-441.035.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.193. Tax Rate

Sec. 441.193.  TAX RATE.  In setting a tax rate, the board shall consider the district's income from sources other than taxation.  On determination of the amount of tax needed to be imposed, the board shall adopt a tax rate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.194. Appointment of Tax Assessor-Collector

Sec. 441.194.  APPOINTMENT OF TAX ASSESSOR-COLLECTOR.  The board may appoint a tax assessor-collector.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.195. Imposition of Taxes During First Year

Sec. 441.195.  IMPOSITION OF TAXES DURING FIRST YEAR.  The board may impose taxes for the entire year in which the district is created.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.196. All Property Taxed

Sec. 441.196.  ALL PROPERTY TAXED.  The board shall impose taxes on all property in the district subject to taxation.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.197. Fees

Sec. 441.197.  FEES.  (a)  A district may adopt and enforce fees in addition to taxes to provide the district revenue to operate the district and secure district bonds.
(b)  A district may file a suit to recover an unpaid fee under this section.  The suit must be filed in a county in which the district is located.
(c)  Except as provided by Section 365.040, a fee may not be imposed on or collected for travel on a road constructed, acquired, or improved by the district.
(d)  A road facility may not be encumbered by a district fee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter J. Taxes › Section 441.198. Bond Anticipation Notes

Sec. 441.198.  BOND ANTICIPATION NOTES.  (a)  A district may issue bond anticipation notes:
(1)  for any purpose for which district bonds have been previously voted;  or
(2)  to refund previously issued bond anticipation notes.
(b)  A district may contract with purchasers of bond anticipation notes that the proceeds from the sale of bonds that are issued to refund the bond anticipation notes shall be used only to pay the principal of or interest or redemption price on the bond anticipation notes.
(c)  A district may secure the repayment of the principal of and interest and redemption premium on the bond anticipation notes from any source available for that repayment, including a loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitment to purchase bond anticipation notes, purchase or sale agreement, or another agreement authorized and approved by the district in connection with the authorization, issuance, security, or repayment of bond anticipation notes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter K. Annexation › Section 441.211. Petition for Annexation

Sec. 441.211.  PETITION FOR ANNEXATION.  (a)  Any property owner may file with the board a petition requesting that the real property be annexed to the district.  The property is not required to be contiguous to the district.
(b)  The petition must:
(1)  describe the property by metes and bounds, or if there is a recorded plat of the property, by lot and block number;  and
(2)  be executed as provided by law for the conveyance of real property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter K. Annexation › Section 441.212. Board Decision

Sec. 441.212.  BOARD DECISION.  The board shall hear and consider the petition and may annex the real property to the district if the board considers the annexation to be to the district's advantage.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter K. Annexation › Section 441.213. Commission Approval

Sec. 441.213.  COMMISSION APPROVAL.  A board order annexing real property to the district is final only on written consent of the commission after the commission consults with the governmental entity to which the completed road facility will be conveyed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter K. Annexation › Section 441.214. Recording Petition

Sec. 441.214.  RECORDING PETITION.  The board shall record a petition that is granted in the office of the county clerk of each county in which annexed real property is located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter K. Annexation › Section 441.215. Assumption of Debt Share

Sec. 441.215.  ASSUMPTION OF DEBT SHARE.  The board may require each petitioner to:
(1)  assume the petitioner's share of any outstanding district bonds or voted but unissued bonds;  and
(2)  authorize the board to impose a tax on the petitioner's property in each year that any of those bonds are outstanding.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter K. Annexation › Section 441.216. Unissued Bonds

Sec. 441.216.  UNISSUED BONDS.  The board may issue bonds that have been voted but not issued at the time of an annexation, regardless of the alteration of the district boundaries after the bond's authorization, if each petitioner assumes the debt and authorizes the tax under Section 441.215.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter L. Dissolution › Section 441.231. Petition for Dissolution

Sec. 441.231.  PETITION FOR DISSOLUTION.  (a)  A district shall submit to the commission a petition for dissolution of the district after:
(1)  the district has completed each construction, acquisition, and improvement of a road facility provided in the plan approved by the commission;
(2)  the district has conveyed each road facility to a governmental entity;  and
(3)  all bonds and other district indebtedness are paid in full.
(b)  The district shall submit with the petition evidence that the commission by rule or order requires to show that each proposal in the plan has been completed and all bonds and other district indebtedness have been paid in full.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter L. Dissolution › Section 441.232. Commission Dissolution Order

Sec. 441.232.  COMMISSION DISSOLUTION ORDER.  (a)  The commission shall order the district dissolved if, after considering the petition and the accompanying evidence, the commission finds that:
(1)  the work is completed according to the plan;
(2)  each road facility has been conveyed;  and
(3)  all bonds and other indebtedness have been paid in full.
(b)  If the commission finds that one or more of these conditions has not been met, the commission shall adopt an order that will ensure that that condition is met.  On compliance with this order, the commission shall order the district dissolved.
(c)  On issuance of the commission's dissolution order, the dissolved district ceases as a governmental entity, and the board continues in existence only to transfer district money and dispose of district assets.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle J - Road Utility Districts › Chapter 441 - Road Utility Districts › Subchapter L. Dissolution › Section 441.233. Transfer of District Money

Sec. 441.233.  TRANSFER OF DISTRICT MONEY.  (a)  On dissolution of the district, the board shall transfer the district's money to the governmental entity to which the road facility was conveyed.  If road facilities were conveyed to more than one governmental entity, the board shall distribute the money among those governmental entities in proportion to the proceeds of all indebtedness that the district incurred to construct, purchase, or improve the road facilities conveyed to each respective governmental entity.
(b)  A governmental entity shall use the money to maintain the road facility.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter A. General Provisions › Section 451.001. Definitions

Sec. 451.001.  DEFINITIONS.  In this chapter:
(1)  "Alternate municipality" means a municipality that:
(A)  has a population of more than 60,000;
(B)  is located in a metropolitan area the principal municipality of which has a population of more than 1.9 million; and
(C)  is not part of the territory of another authority.
(2)  "Authority" means a rapid transit authority created under this chapter or under Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973.
(3)  "Board" means the governing body of an authority.
(4)  "Mass transit" means the transportation of passengers and hand-carried packages or baggage of a passenger by a surface, overhead, or underground means of transportation, or a combination of those means, including motorbus, trolley coach, rail, and suspended overhead rail transportation.  The term does not include taxicab transportation.
(5)  "Metropolitan area" includes only an area in this state that has a population density of not less than 250 persons for each square mile and contains not less than 51 percent of the incorporated territory of a municipality having a population of 230,000 or more.  The area may contain other municipalities and the suburban area and environs of other municipalities.
(6)  "Motor vehicle" includes only a vehicle that is self-propelled:
(A)  by an internal combustion engine or motor;
(B)  on two or more wheels;  and
(C)  over a roadway other than fixed rails and tracks.
(7)  "Principal municipality" means the municipality having the largest population in a metropolitan area.
(8)  "Transit authority system" means property:
(A)  owned, rented, leased, controlled, operated, or held for mass transit purposes by an authority; and
(B)  situated on property of the authority for mass transit purposes, including:
(i)  for an authority created before 1980 in which the principal municipality has a population of less than 1.9 million, public parking areas and facilities; and
(ii)  for an authority in which the principal municipality has a population of more than 1.9 million, the area in boundaries in which service is provided or supported by a general sales and use tax.
(9)  "Transportation disadvantaged" means the elderly, persons with disabilities, and low-income individuals.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1038, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 133, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter A. General Provisions › Section 451.002. Liberal Construction

Sec. 451.002.  LIBERAL CONSTRUCTION.  This chapter is to be construed liberally to carry out its purposes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter A. General Provisions › Section 451.003. Chapter Not Applicable to Bicounty Area

Sec. 451.003.  CHAPTER NOT APPLICABLE TO BICOUNTY AREA.  This chapter does not apply to an area composed of the territory of two contiguous counties each of which contains a municipality having a population of 350,000 or more.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.051. Powers Applicable to Confirmed Authority

Sec. 451.051.  POWERS APPLICABLE TO CONFIRMED AUTHORITY.  This subchapter applies only to an authority that has been confirmed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 451 - Metropolitan Rapid Transit Authorities › Subchapter B. Powers of Authorities › Section 451.052. Nature of Authority

Sec. 451.052.  NATURE OF AUTHORITY.  (a)  An authority:
(1)  is a public political entity and corporate body;
(2)  has perpetual succession;  and
(3)  exercises public and essential governmental functions.
(b)  The exercise of a power granted by this chapter, including a power relating to a station or terminal complex, is for a public purpose and is a matter of public necessity.
(c)  An authority is a governmental unit under Chapter 101, Civil Practice and Remedies Code, and the operations of the authority are not proprietary functions for any purpose, including the application of Chapter 101, Civil Practice and Remedies Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.