reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter A. Government-Owned Ferries › Section 342.001. Ferry Connecting State Highways

Sec. 342.001.  FERRY CONNECTING STATE HIGHWAYS.  (a)  The department may purchase, construct, maintain, operate, or control a ferry that crosses:
(1)  a bay, arm, channel, or saltwater lake emptying into the Gulf of Mexico;
(2)  an inlet of the Gulf of Mexico;  or
(3)  a river or other navigable body of water.
(b)  This section applies only if:
(1)  the ferry connects designated state highways;  or
(2)  the ferry connects a designated highway of this state and a designated highway of an adjoining state that by statute provides for the acquisition, construction, and maintenance of a ferry jointly by the states and for public use of the ferry as the states agree.
(c)  The department shall use money from the state highway fund to carry out this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter A. Government-Owned Ferries › Section 342.002. County Ferries

Sec. 342.002.  COUNTY FERRIES.  The commissioners court of a county may establish public ferries as required by the public interest.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(d), eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter A. Government-Owned Ferries › Section 342.003. Melvin O

Sec. 342.003.  MELVIN O. LITTLETON FERRY LANDING.  (a)  In recognition of Melvin O. Littleton's outstanding supervision of the Port Aransas ferry for 30 years, the ferry landing owned by the department in Port Aransas is designated as the Melvin O. Littleton Ferry Landing.
(b)  The department shall design and construct a memorial marker at the ferry landing in Port Aransas indicating the designation as the Melvin O. Littleton Ferry Landing and any other appropriate information.
(c)  The department shall repair and replace the marker required by this section and maintain the grounds for the marker.
(d)  The department may accept a grant or donation to assist in financing the construction and maintenance of a marker.
Added by Acts 1999, 76th Leg., ch. 1036, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter A. Government-Owned Ferries › Section 342.004. Galveston-Port Bolivar Ferry and Port Aransas Ferry Vehicle Stickers

Sec. 342.004.  GALVESTON-PORT BOLIVAR FERRY AND PORT ARANSAS FERRY VEHICLE STICKERS.  (a)  The department may adopt rules to establish a system under which an owner of a motor vehicle may apply to the department for issuance of:
(1)  a sticker for the vehicle that entitles the vehicle to have priority in boarding the Galveston-Port Bolivar ferry operated by the department;  or
(2)  a sticker for the vehicle that entitles the vehicle to have priority in boarding the Port Aransas ferry operated by the department.
(b)  Any rules adopted under this section must:
(1)  establish a design for the sticker for each ferry;
(2)  designate the place where a sticker must be affixed to the windshield of the motor vehicle for which it is issued;
(3)  establish an annual fee for a ferry vehicle sticker;
(4)  prescribe forms necessary for the administration of this section;  and
(5)  ensure that a vehicle displaying a sticker issued under this section is given priority in boarding the applicable ferry only until the ferry reaches 50 percent of its vehicle capacity.
(c)  The department shall deposit each fee collected under this section to the credit of the state highway fund.
Added by Acts 2003, 78th Leg., ch. 810, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter B. Establishing Toll Bridge or Ferry › Section 342.051. Right of Property Owner to Operate Ferry

Sec. 342.051.  RIGHT OF PROPERTY OWNER TO OPERATE FERRY.  (a)  A person who owns land fronting a body of water may operate a public ferry across the water.
(b)  A person who owns land on both sides of the body of water is entitled to the exclusive right of ferriage to and from the land owned.
(c)  A person who owns land only on one side of the body of water may operate a public ferry between the person's land and land on the opposite side if the person obtains the consent of the owner of the other land.  If the other landowner's consent cannot be obtained, the person may apply to the commissioners court of the county in which the other land is located for the establishment of a public road from the opposite side of the body of water.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter B. Establishing Toll Bridge or Ferry › Section 342.052. Bridge or Ferry Company's Incorporation Statement

Sec. 342.052.  BRIDGE OR FERRY COMPANY'S INCORPORATION STATEMENT.  The articles of incorporation of a company organized to erect a bridge or operate a ferry must state the body of water that the bridge or ferry is to cross.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter B. Establishing Toll Bridge or Ferry › Section 342.053. Company's Geographical Claim

Sec. 342.053.  COMPANY'S GEOGRAPHICAL CLAIM.  (a)  The articles of incorporation of a company organized to erect and maintain a bridge or operate a ferry may specify the geographical area of the company's exclusive operations.  No part of the area specified may be farther than three miles from the nearest point of the bridge or route of the ferry.
(b)  Another toll bridge or ferry for hire may not be established on the same body of water within the area specified in the articles.
(c)  Subsection (b) does not prohibit a bridge or ferry at the crossing of a road on the body of water that the commissioners court of the county in which the crossing is located declares to be a public road regardless of when that declaration is made.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.101. License Requirement

Sec. 342.101.  LICENSE REQUIREMENT.  A person may not operate a ferry for hire unless the person holds a license to operate the ferry issued under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.102. License Application

Sec. 342.102.  LICENSE APPLICATION.  To obtain a license to operate a ferry a person must file an application with:
(1)  the commissioners court of the county in which the ferry is located;  or
(2)  if the ferry is to be operated between land in different counties, the commissioners court of the county in which the applicant resides or has the ferry house.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.103. Issuance of License

Sec. 342.103.  ISSUANCE OF LICENSE.  (a)  The commissioners court shall approve an application for a license to operate a ferry for hire if the applicant:
(1)  shows that the applicant owns the land on which the ferry is to be established;  and
(2)  satisfies the court that the public convenience will be promoted by operation of the ferry.
(b)  The commissioners court shall issue the license when the applicant:
(1)  executes a bond in accordance with Section 342.104;  and
(2)  presents a receipt from the county treasurer for payment of the license fee imposed under Section 342.104.
(c)  A license issued under this section expires on the first anniversary of the date it is issued and may be renewed annually.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.104. Bond; License Fee

Sec. 342.104.  BOND;  LICENSE FEE.  (a)  The holder of a license to operate a ferry annually shall execute a bond payable to and approved by the county judge conditioned on the license holder's compliance with this chapter.
(b)  The commissioners court shall set the amount of the bond at not less than $1,000.
(c)  The commissioners court may impose an annual license fee not to exceed $100.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.105. Ferry Operation Between Counties

Sec. 342.105.  FERRY OPERATION BETWEEN COUNTIES.  (a)  A person who holds a license to operate a ferry between two counties has the same rights and duties as a person licensed to operate a ferry exclusively in one county.
(b)  A commissioners court other than the commissioners court that issues the license may not impose a tax or license fee on a ferry that operates between two counties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.106. Temporary License

Sec. 342.106.  TEMPORARY LICENSE.  (a)  Between regular terms of a commissioners court of a county a person may obtain from the county judge a temporary license to operate a public ferry until the next regular term of the commissioners court.
(b)  The holder of a temporary license may impose the toll rates imposed at other ferries operating on the same body of water for which the temporary license is issued.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.107. Duties of Ferry Operator

Sec. 342.107.  DUTIES OF FERRY OPERATOR.  The holder of a license to operate a ferry shall:
(1)  at all times maintain good, safe, and substantial boats in sufficient number to readily accommodate the public;
(2)  keep the banks used by the ferry in good repair and graded so that the ascent from the water's edge to the top of the bank does not exceed one foot in height for each seven feet from the water's edge;  and
(3)  readily attend a passenger wanting to cross with animals or other property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter C. Ferry Operator's License and Duties › Section 342.108. General County Authority Over Ferries

Sec. 342.108.  GENERAL COUNTY AUTHORITY OVER FERRIES.  The commissioners court of a county may exercise general control over all ferries in the county.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(e), eff. Sept. 1, 1999.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter D. County Regulation of Tolls › Section 342.201. Tolls for Bridges and Ferries

Sec. 342.201.  TOLLS FOR BRIDGES AND FERRIES.  The commissioners court of a county, by an order made at a regular term and entered on the minutes of the court, shall regulate the toll for crossing any bridge or ferry in the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter D. County Regulation of Tolls › Section 342.202. Establishing and Changing Ferry Toll Rates

Sec. 342.202.  ESTABLISHING AND CHANGING FERRY TOLL RATES.  (a)  When a commissioners court issues a license to operate a ferry, the court shall state in its record the toll rate that may be charged for ferrying property usually transported by a ferry.
(b)  The commissioners court may at its first term of the year, and shall at another term on the petition of 20 residents of the county, revise and if necessary change the toll rate for ferries in the county.
(c)  The county clerk shall:
(1)  record toll rates, including changes;  and
(2)  deliver to each person holding a license to operate a ferry issued by the county a copy of the record, signed and sealed by the clerk.
(d)  A change of toll rate may not take effect before the 31st day after the date on which the change is made.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter D. County Regulation of Tolls › Section 342.203. Ferry Charge on Swimming Cow or Horse

Sec. 342.203.  FERRY CHARGE ON SWIMMING COW OR HORSE.  The commissioners court may not authorize a charge of more than one cent for each cow or horse swimming the river at a location for which a license is issued to operate a ferry, including the use of a pen or boat necessary to control the animal.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter D. County Regulation of Tolls › Section 342.204. Refusal to Operate at Authorized Toll Rates

Sec. 342.204.  REFUSAL TO OPERATE AT AUTHORIZED TOLL RATES.  (a)  If the holder of a license to operate a ferry refuses to operate at the toll rates authorized by the commissioners court, the court may issue a license to operate the ferry to another person who agrees to operate the ferry at those rates.
(b)  If the former license holder requests, the person who receives a license under this section shall purchase the ferry boat in use at the location at the valuation placed on it by two residents of the vicinity where the ferry is operated.  The former license holder and the person receiving the license each shall choose one of the residents.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter D. County Regulation of Tolls › Section 342.205. Charge Imposed on Certain Interstate Ferries

Sec. 342.205.  CHARGE IMPOSED ON CERTAIN INTERSTATE FERRIES.  If a body of water forms a part of the boundary between this state and another state and the other state imposes a charge to land a ferry from this state in that state, the commissioners court of a county may impose a charge equal to the amount of that charge to land a ferry from that state in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter E. Civil Liability of Bridge or Ferry Owner and Operator › Section 342.301. Liability of Bridge or Ferry Owner

Sec. 342.301.  LIABILITY OF BRIDGE OR FERRY OWNER.  The owner of a toll bridge or ferry for hire is liable for damage caused by neglect, delay, or insufficiency of the bridge or ferry boat.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter E. Civil Liability of Bridge or Ferry Owner and Operator › Section 342.302. Operating Ferry Without License

Sec. 342.302.  OPERATING FERRY WITHOUT LICENSE.  (a)  If a person operates a ferry for hire over a body of water and does not hold a license required under this chapter, the person is liable to:
(1)  the county from which a license is required under this chapter;  and
(2)  each person who holds a license to operate a ferry on the same body of water in that county.
(b)  The amount of liability to each person described by Subsection (a)(1) or (2) is $5 for each person transported and $5 for each article transported that is subject to a separate toll.
(c)  A suit under this section must be filed in a justice court of the county described by Subsection (a)(1).
(d)  A person described by Subsection (a)(1) or (2) who prevails in an action brought under this section is also entitled to recover costs of suit.
(e)  The county treasurer may file suit under this section on behalf of the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter E. Civil Liability of Bridge or Ferry Owner and Operator › Section 342.303. Charge of Excessive Toll Rate

Sec. 342.303.  CHARGE OF EXCESSIVE TOLL RATE.  (a)  If the holder of a license to operate a ferry charges and receives from a person a toll at a rate greater than the rate authorized by the commissioners court, the license holder is liable to the person in the amount of $5 for each violation.
(b)  A suit under this section must be filed in a justice court of the county in which the license is issued.
(c)  A person who brings a suit under this section and prevails is entitled to recover costs of suit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter E. Civil Liability of Bridge or Ferry Owner and Operator › Section 342.304. Failure to Serve

Sec. 342.304.  FAILURE TO SERVE.  (a)  If the holder of a license to operate a ferry, on being tendered the authorized toll, does not, without reasonable cause, transport a person or the person's property of the type usually transported by the ferry, the holder is liable to the person in the amount of $2 for each 30 minutes of delay.
(b)  A suit under this section must be filed in a justice court of the county in which the license is issued.
(c)  A person who brings suit under this section and prevails is also entitled to recover costs of suit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter E. Civil Liability of Bridge or Ferry Owner and Operator › Section 342.305. Failure to Post Toll Rates

Sec. 342.305.  FAILURE TO POST TOLL RATES.  (a)  The holder of a license to operate a ferry shall post and maintain at the ferry or ferry house for inspection a list of toll rates authorized by the commissioners court for the ferry.
(b)  A person who violates Subsection (a) is liable for $4 for each violation.
(c)  Each week a person violates Subsection (a) is a separate violation.
(d)  Any person may bring suit in a justice court of the county in which the license is issued to collect the amount due under this section.  One-half of the amount collected shall be paid to the county and one-half shall be paid to the person who brings the suit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter E. Civil Liability of Bridge or Ferry Owner and Operator › Section 342.306. Recovery Under Bond or From Surety

Sec. 342.306.  RECOVERY UNDER BOND OR FROM SURETY.  (a)  A person injured by a license holder's violation of a condition of the bond required under Section 342.104 may sue on the bond in the person's name for recovery of the amount due because of the violation.
(b)  If a judgment is obtained against a license holder for a violation of this chapter and execution is returned because no property of the license holder can be found on which to levy to satisfy judgment, the justice to whom execution is returned shall cite the license holder's sureties to appear and show cause why judgment should not be entered against the sureties for the amount of the judgment against the license holder that is not satisfied.
(c)  If the sureties do not show cause as described by Subsection (b), the justice shall enter judgment and issue execution for satisfaction of judgment against the sureties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter F. Offenses Relating to Operation of Ferry › Section 342.401. Failure to Perform Duties; Charging Excessive Toll Rate

Sec. 342.401.  FAILURE TO PERFORM DUTIES;  CHARGING EXCESSIVE TOLL RATE.  A person who holds a license to operate a ferry shall be fined not less than $10 or more than $100 if the person:
(1)  violates Section 342.107;  or
(2)  charges a toll at a rate greater than the rate authorized by the commissioners court for the ferry.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle F - Private Causeways, Ferries, and Certain Toll Bridges › Chapter 342 - Ferries and Certain Toll Bridges › Subchapter F. Offenses Relating to Operation of Ferry › Section 342.402. Failure to Obtain License

Sec. 342.402.  FAILURE TO OBTAIN LICENSE.  A person shall be fined not less than $50 or more than $200 if the person violates Section 342.101.
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 362 - Turnpikes and Toll Projects › Subchapter B. Commission Approval of Toll Projects › Section 362.051. Commission Approval of Toll Project Required

Sec. 362.051.  COMMISSION APPROVAL OF TOLL PROJECT REQUIRED.  (a)  Except as provided by Section 362.055, a governmental or private entity must obtain the commission's approval before beginning construction of a toll road, toll bridge, or turnpike that is to be a part of the state highway system.
(b)  In deciding whether to approve a proposed toll road, toll bridge, or turnpike, the commission shall consider:
(1)  the feasibility of effectively integrating the toll road, toll bridge, or turnpike into the state highway system;  and
(2)  the ability of the department to construct any connecting roads necessary for the toll road, toll bridge, or turnpike to produce sufficient revenue to pay the debt incurred for its construction.
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 362 - Turnpikes and Toll Projects › Subchapter B. Commission Approval of Toll Projects › Section 362.054. Bonds Not Considered Obligations of State

Sec. 362.054.  BONDS NOT CONSIDERED OBLIGATIONS OF STATE.  Bonds or other debt obligations of a political subdivision reviewed under this subchapter are obligations of the issuing entity and are not obligations of the 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 362 - Turnpikes and Toll Projects › Subchapter B. Commission Approval of Toll Projects › Section 362.055. Exception

Sec. 362.055.  EXCEPTION.  This subchapter does not apply to:
(1)  a county that has a population of more than 2.5 million;
(2)  a local government corporation created under Chapter 431 by a county that has a population of more than 2.5 million; or
(3)  a regional tollway authority created under Chapter 366.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 7.02, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 126, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 244, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 362 - Turnpikes and Toll Projects › Subchapter C. Private Turnpikes and Toll Projects › Section 362.101. Definition

Sec. 362.101.  DEFINITION.  In this subchapter, "turnpike or toll project" means a road, highway, bridge, ferry, or similar project that is financed in whole or in part through the issuance of revenue bonds payable from toll revenue collected from users.  The term does not include a project constructed, operated, maintained, or financed:
(1)  under Chapter 361;  or
(2)  by a toll road authority created by a 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 362 - Turnpikes and Toll Projects › Subchapter C. Private Turnpikes and Toll Projects › Section 362.102. Commission Approval of Private Turnpike or Toll Project Required

Sec. 362.102.  COMMISSION APPROVAL OF PRIVATE TURNPIKE OR TOLL PROJECT REQUIRED.  Notwithstanding any other provision of law, a private entity may not construct a privately owned turnpike or toll project that connects to a road, bridge, or highway in the state highway system unless the commission approves the private turnpike or toll project as provided by this subchapter. Before the commission may approve a private turnpike or toll project, the commission must hold a public meeting concerning the project in the region in which the project will be located.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1247 (H.B. 565), Sec. 1, eff. June 20, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 362 - Turnpikes and Toll Projects › Subchapter C. Private Turnpikes and Toll Projects › Section 362.103. Rules

Sec. 362.103.  RULES.  The commission shall adopt procedural and substantive rules relating to approval of a project under this subchapter, including rules requiring consideration of:
(1)  the integration of the project into the state highway system embodied in the existing regional transportation plan, including the plan developed by the metropolitan planning organization, if any, of a municipality the territory or extraterritorial jurisdiction in which the project is proposed to be located;
(2)  the potential effect of the project on the economy of the region in which the project is located, including the economy of each county in which the project is located and the economy of each municipality in those counties;  and
(3)  the potential effect of the project on the free flow of trade between the United Mexican States and this state, if the project is located in whole or in part in:
(A)  a county bordering the United Mexican States;  or
(B)  a county adjacent to a county described by Paragraph (A).
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 362 - Turnpikes and Toll Projects › Subchapter C. Private Turnpikes and Toll Projects › Section 362.104. Feasibility, Alignment, and Environmental Studies

Sec. 362.104.  FEASIBILITY, ALIGNMENT, AND ENVIRONMENTAL STUDIES.  A private entity shall conduct studies concerning the feasibility, route or alignment, and environmental effect of a proposed turnpike or toll project before requesting approval under this subchapter.
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 362 - Turnpikes and Toll Projects › Subchapter C. Private Turnpikes and Toll Projects › Section 362.105. Use of Eminent Domain by Toll Road Corporation

Sec. 362.105.  USE OF EMINENT DOMAIN BY TOLL ROAD CORPORATION.  Notwithstanding Section 30, Chapter 766 (H.B. 749), Acts of the 72nd Legislature, Regular Session, 1991, a corporation that has the powers, rights, and privileges of a corporation created under former Chapter 11, Title 32, Revised Statutes, as that law existed on August 31, 1991, other than a corporation to which Section 431.073(c) applies, may not exercise the power of eminent domain granted under that former law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1247 (H.B. 565), Sec. 2, eff. June 20, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 362 - Turnpikes and Toll Projects › Subchapter C. Private Turnpikes and Toll Projects › Section 362.106. Agreement With Toll Project Entity

Sec. 362.106.  AGREEMENT WITH TOLL PROJECT ENTITY.  (a)  In this section, "toll project entity" has the meaning assigned by Section 372.001.
(b)  A private toll project entity may enter into an agreement with a public toll project entity to finance, construct, maintain, or operate a toll road.
Added by Acts 2015, 84th Leg., R.S., Ch. 1247 (H.B. 565), Sec. 2, eff. June 20, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 362 - Turnpikes and Toll Projects › Subchapter Z. Miscellaneous Provisions › Section 362.901. Free Use of Toll Project by Military Vehicles

Sec. 362.901.  FREE USE OF TOLL PROJECT BY MILITARY VEHICLES.  (a)  The commission and the governing body of each local governmental entity or private entity that operates a toll project shall adopt rules to allow a military vehicle to use toll projects without payment of a toll or fare.
(b)  A rule adopted under this section must:
(1)  allow a convoy of military vehicles of this state, another state, or the United States to use the toll project without payment of a toll or fare;  and
(2)  allow individual military vehicles to use the toll project without payment of a toll or fare, to the greatest extent practicable, considering the technological and personnel limitations of operating the toll project.
(c)  A person who claims a privilege under a rule adopted under this section to which the person is not entitled commits an offense.  An offense under this subsection is a Class C misdemeanor.
(d)  In this section:
(1)  "Military vehicle" includes an unmarked military vehicle operated by military personnel conducting an emergency preparedness, response, or recovery operation or participating in a training exercise for an emergency preparedness, response, or recovery operation. The term does not include a vehicle operated for personal use.
(2)  "Toll project" includes a toll road, toll highway, turnpike, toll bridge, ferry, or similar project, users of which are required to pay a toll or fare.
Added by Acts 2003, 78th Leg., ch. 157, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 747 (H.B. 1274), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 362 - Turnpikes and Toll Projects › Subchapter Z. Miscellaneous Provisions › Section 362.902. Inclusion of Toll Projects in Unified Transportation Program

Sec. 362.902.  INCLUSION OF TOLL PROJECTS IN UNIFIED TRANSPORTATION PROGRAM.  The department shall adopt and include in the unified transportation program of the department a list of transportation projects in each department district that the department considers to be eligible and feasible for tolling.  A transportation project that is included in the list is not required to be operated as a toll project.
Added by Acts 2005, 79th Leg., Ch. 534 (H.B. 962), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 363 - County Toll Bridges › Section 363.001. Definition

Sec. 363.001.  DEFINITION.  In this chapter, "contractor" includes a contractor's successor.
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 363 - County Toll Bridges › Section 363.002. Contract for Toll Bridge

Sec. 363.002.  CONTRACT FOR TOLL BRIDGE.  (a)  The commissioners court of a county may contract for the construction of a toll bridge over a large creek or watercourse if it is inexpedient for the county to build the bridge.
(b)  The commissioners court shall determine the toll to be imposed for crossing the bridge.
(c)  The commissioners court may grant to the contractor the right to the tolls for a period not to exceed 10 years.
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 363 - County Toll Bridges › Section 363.003. Duty to Repair; Forfeit of Tolls

Sec. 363.003.  DUTY TO REPAIR;  FORFEIT OF TOLLS.  (a)  The contractor shall maintain the bridge during the term of the contract.
(b)  A contractor who fails to maintain the bridge forfeits all right to the tolls.
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 363 - County Toll Bridges › Section 363.004. Surety Bond; Action on Bond

Sec. 363.004.  SURETY BOND;  ACTION ON BOND.  (a)  Before granting a license to a contractor to construct a toll bridge, the commissioners court shall require a bond in the amount of $1,000 with a good and sufficient surety.  The bond shall be conditioned on:
(1)  the construction of the bridge by the contractor;  and
(2)  the maintenance of the bridge by the contractor for the agreed term.
(b)  A person who sustains damage because a contractor has not complied with the conditions of the bond may:
(1)  sue the contractor on the bond;  and
(2)  recover any judgment for damages.
(c)  A suit for damages under this section shall be brought in the county in which the license is granted.
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 363 - County Toll Bridges › Section 363.005. County Tolls

Sec. 363.005.  COUNTY TOLLS.  The commissioners court of a county that issues bonds to construct a bridge may, under rules adopted by the commissioners court, impose tolls sufficient to:
(1)  pay the interest on the bonds;  or
(2)  pay the interest and create a sinking fund for payment of the principal at maturity.
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 A. Establishment of Toll Bridge and General Provisions › Section 364.0001. Definition

Sec. 364.0001.  DEFINITION.  (a)  Except as provided by Subsection (b), in this chapter, "bridge" includes a bridge used by vehicles, pedestrians, or railroads, or a combination of vehicles, pedestrians, or railroads.
(b)  For the purposes of this chapter, "bridge" does not include a railroad bridge in a county with a population of more than 675,000.
Added by Acts 2007, 80th Leg., R.S., Ch. 530 (S.B. 893), Sec. 1, eff. June 16, 2007.
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 A. Establishment of Toll Bridge and General Provisions › Section 364.001. Authority to Acquire Toll Bridge

Sec. 364.001.  AUTHORITY TO ACQUIRE TOLL BRIDGE.  (a)  A county bordering the Rio Grande, acting through the commissioners court of the county, as a part of its road and bridge system may acquire a toll bridge by any method, including by:
(1)  construction;  or
(2)  purchase of an entire toll bridge or only that part of the toll bridge that is located in this state.
(b)  The county is not required to:
(1)  hold an election to authorize the acquisition of a toll bridge under this chapter;
(2)  give or publish notice of its intent to acquire a toll bridge under this chapter;  or
(3)  advertise or call for competitive bids in connection with the acquisition of a toll bridge under this chapter.
(c)  The county may acquire a toll bridge owned by a corporation by purchasing the toll bridge itself or by purchasing all of the capital stock of the corporation or a sufficient amount of the stock as required by law to dissolve and liquidate the corporation.  The county may take title to the stock in the name of the county or in the name of a trustee for the county.  After purchasing the stock, the county or its trustee shall:
(1)  vote its shares in the corporation as necessary to vest title to the toll bridge, together with any associated right or property described by Section 364.002 to be acquired in connection with the acquisition of the toll bridge, in the county;  and
(2)  immediately dissolve and liquidate the corporation, pay its debts, liabilities, and obligations, wind up its business and affairs, and convey the properties to the county.
(d)  The purchase and acquisition of toll bridge property or stock in a corporation under this section must be made at the price and on the terms agreed on by the owners of the property or stock and the commissioners court.  The commissioners court shall act under this subsection by appropriate resolution or order consistent with this chapter.
(e)  A county may not acquire a toll bridge under this chapter by eminent domain.
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 A. Establishment of Toll Bridge and General Provisions › Section 364.002. Rights and Properties Associated With Toll Bridge

Sec. 364.002.  RIGHTS AND PROPERTIES ASSOCIATED WITH TOLL BRIDGE.  When a county acquires a toll bridge under Section 364.001, the county may, as determined by the commissioners court of the county, acquire any or all of the following items in connection with the toll bridge:
(1)  a permit, grant, franchise, right, or privilege granted or extended by the United States, the United Mexican States, or a state, municipality, or political subdivision of the United States or United Mexican States, for or related to the maintenance or operation of the toll bridge or the collection of a toll or charge for the use of the toll bridge;
(2)  an interest in real property in either the United States or the United Mexican States that is held or used for or incident to the maintenance or operation of the toll bridge or an approach to it, or for the use or occupancy of any building or other structure, appurtenance, appliance, road or street, park, grounds, or convenience or facility of any kind relating to or incident to the maintenance or operation of the toll bridge;
(3)  a building or other structure, appurtenance, appliance, equipment, convenience, or facility of any kind held or used for or incident to the maintenance or operation of the toll bridge;  or
(4)  any other right or property used for or incident to the maintenance or operation of the toll bridge.
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 A. Establishment of Toll Bridge and General Provisions › Section 364.003. Liberal Construction

Sec. 364.003.  LIBERAL CONSTRUCTION.  This chapter shall be liberally construed to effect its purposes.
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 A. Establishment of Toll Bridge and General Provisions › Section 364.004. Agreements Relating to Toll Bridge

Sec. 364.004.  AGREEMENTS RELATING TO TOLL BRIDGE.  (a)  A county may enter into and make payments under an agreement with a private entity or another governmental entity to acquire, construct, maintain, or operate a toll bridge, including an international toll bridge, and a private or governmental entity in this state may enter into an agreement with a county for that purpose.
(b)  In connection with or in support of an agreement entered into under Subsection (a), the county may enter into a lease, an operating agreement, a service agreement, a license agreement, a franchise agreement, or a similar agreement with a private entity or another governmental entity.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 400 , Sec. 1, eff. June 10, 2015.
Added by Acts 2007, 80th Leg., R.S., Ch. 530 (S.B. 893), Sec. 2, eff. June 16, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 400 (H.B. 1833), Sec. 1, eff. June 10, 2015.
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 A. Establishment of Toll Bridge and General Provisions › Section 364.005. Lease, Rental, or Donation of Facility to United States

Sec. 364.005.  LEASE, RENTAL, OR DONATION OF FACILITY TO UNITED STATES.  (a)  A county may lease, rent, or donate to the United States property or a building, structure, or other facility acquired, constructed, improved, enlarged, or equipped in whole or in part with proceeds from the sale of bonds issued by a county under this chapter.
(b)  The acquisition, construction, improvement, enlargement, or equipment by a county of property or a building, structure, or other facility for lease to and the donation of property or a building, structure, or other facility by a county to the United States for use in performing a federal governmental function in the county or at or near and relating to a toll bridge of the county is a public purpose and proper county function, regardless of whether the toll bridge or the federal facility relating to the toll bridge is located inside or outside the county.
Added by Acts 2021, 87th Leg., R.S., Ch. 58 (S.B. 1334), Sec. 1, 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 B. Administration of Toll Bridges › Section 364.021. Application of Subchapter

Sec. 364.021.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to a county that acquires a toll bridge under Section 364.001.
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 B. Administration of Toll Bridges › Section 364.022. Maintenance and Operation of Toll Bridges

Sec. 364.022.  MAINTENANCE AND OPERATION OF TOLL BRIDGES.  (a)  A county through the commissioners court of the county may own, hold, control, maintain, and operate the toll bridge and may make or provide for any repairs or improvements to the bridge.  To carry out this subsection, the county may acquire property by eminent domain under general law.
(b)  The county may:
(1)  renew or extend an existing franchise or obtain a new or additional franchise for the toll bridge;  and
(2)  render services to the public and to the users of the toll bridge.
(c)  To accomplish the purposes of this section, the county may enter into and carry out a contract, agreement, or undertaking of any kind required by the United States or the United Mexican States or a department, officer, governmental agency, or public authority of the United Mexican States.
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 B. Administration of Toll Bridges › Section 364.023. Operating Board

Sec. 364.023.  OPERATING BOARD.  The commissioners court of a county by the resolution or order providing for the issuance of bonds under this chapter or by the trust indenture securing those bonds may provide that the toll bridge be operated by an operating board if the court determines that the bridge could be better and more efficiently operated by the board.  The operating board:
(1)  is appointed as provided by the resolution, order, or trust indenture;  and
(2)  has the powers granted by the resolution, order, or trust indenture but may not be granted the power of eminent domain or the power to borrow money.
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 B. Administration of Toll Bridges › Section 364.024. Recreational Facilities

Sec. 364.024.  RECREATIONAL FACILITIES.  (a)  A county, in connection with the maintenance and operation of the toll bridge, may acquire real property or another site adjacent to the toll bridge to construct, maintain, or operate a park, recreational grounds or facilities, a camp, quarters, accommodations, or other facility for the use and convenience of the public.  The county may manage and regulate those facilities and may adopt and enforce reasonable rules for those facilities.
(b)  A county may not acquire property under this section by eminent domain.
(c)  The county may impose a fee, rental, or other charge for the use of a facility established under this section.  The charge must be just, reasonable, and nondiscriminatory.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.