reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter A. General Provisions › Section 228.007. Toll Lanes

Sec. 228.007.  TOLL LANES.  (a)  Subject to Section 228.201, the commission may by order authorize the department to charge a toll for the use of one or more lanes of a state highway, including a high occupancy vehicle lane designated under Section 224.153 or an exclusive lane designated under Section 224.1541.
(b)  If the commission authorizes the department to charge a toll under Subsection (a), the department may enter into an agreement with a regional tollway authority described in Chapter 366, a transit authority described in Chapter 451, 452, or 453, a coordinated county transportation authority under Chapter 460, a regional mobility authority under Chapter 370, a county acting under Chapter 284, or a transportation corporation:
(1)  to design, construct, operate, or maintain a toll lane under this section; and
(2)  to charge a toll for the use of one or more lanes of a state highway facility under this section.
(c)  The commission may by order authorize the department or the entity contracted to operate the toll lane to set the amount of toll charges.  Any toll charges shall be imposed in a reasonable and nondiscriminatory manner.
(d)   Revenue generated from toll charges and collection fees assessed by an entity with whom the department contracts under this section shall be allocated as required by the terms of the agreement.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.24, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1049, Sec. 4, eff. June 20, 2003.
Transferred from Transportation Code, Section 224.154 by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.36, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter A. General Provisions › Section 228.008. Tolls on Exclusive Lane

Sec. 228.008.  TOLLS ON EXCLUSIVE LANE.  The department may not charge a toll for the use of an exclusive lane unless:
(1)  the lanes or multilane facility adjacent to the exclusive lane is tolled; or
(2)  a vehicle that is authorized to use the tolled exclusive lane is authorized to use nontolled adjacent lanes or an adjacent nontolled multilane facility.
Transferred from Transportation Code, Section 224.1541(d) and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.37, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter A. General Provisions › Section 228.009. Audit

Sec. 228.009.  AUDIT.  Notwithstanding any other law to the contrary, the department shall have an independent certified public accountant audit the department's books and accounts for each toll project or system at least annually.  The audit shall be conducted in accordance with the requirements of any trust agreement securing bonds issued under Subchapter C that is in effect at the time of the audit.  The cost of the audit may be treated as part of the cost of construction or operation of a toll project or system.  This section does not affect the ability of a state agency to audit the department's books and accounts.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 920, Sec. 5, eff. June 14, 2001;  Renumbered from Transportation Code Sec. 361.054 and amended by Acts 2003, 78th Leg., ch. 312, Sec. 7, eff. June 18, 2003 and Acts 2003, 78th Leg., ch. 1325, Sec. 15.07, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.033 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.38, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter A. General Provisions › Section 228.010. Establishment of Toll Systems

Sec. 228.010.  ESTABLISHMENT OF TOLL SYSTEMS.  (a)  If the commission determines that the mobility needs of a region of this state could be most efficiently and economically met by jointly operating two or more toll projects in that region as one operational and financial enterprise, it may create a system composed of those projects.  The commission may create more than one system in a region and may combine two or more systems in a region into one system.  The department may finance, acquire, construct, and operate additional toll projects in the region as additions to or expansions of a system if the commission determines that the toll project could most efficiently and economically be acquired or constructed if it were part of the system and that the addition will benefit the system.
(b)  The revenue of a system shall be accounted for separately and may not be commingled with the revenue of a toll project that is not part of the system or with the revenue of another system.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.39, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter A. General Provisions › Section 228.012. Project Subaccounts

Sec. 228.012.  PROJECT SUBACCOUNTS.  (a)  The department shall create a separate account in the state highway fund to hold payments received by the department under a comprehensive development agreement and the surplus revenue of a toll project or system.  The department shall create subaccounts in the account for each project, system, or region.  Interest earned on money in a subaccount shall be deposited to the credit of that subaccount.
(b)  The department shall hold money in a subaccount in trust for the benefit of the region in which a project or system is located and may assign the responsibility for allocating money in a subaccount to a metropolitan planning organization in which the region is located for projects approved by the department.  At the time the project is approved by the department money shall be allocated and distributed to projects authorized by Section 228.0055 or Section 228.006, as applicable.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(18), eff. September 1, 2021.
(d)  The commission or the department may not:
(1)  revise the formula as provided in the department's unified transportation program or a successor document in a manner that results in a decrease of a department district's allocation because of the deposit of a payment into a project subaccount; or
(2)  take any other action that would reduce funding allocated to a department district because of the deposit of a payment into a project subaccount.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 7.01, eff. June 11, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 4, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 35, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 92, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(18), eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter A. General Provisions › Section 228.013. Determination of Financial Terms for Certain Toll Projects

Sec. 228.013.  DETERMINATION OF FINANCIAL TERMS FOR CERTAIN TOLL PROJECTS.  (a)  This section applies only to a proposed department toll project in which a private entity has a financial interest in the project's performance and for which:
(1)  funds dedicated to or controlled by a region will be used;
(2)  right-of-way is provided by a municipality or county; or
(3)  revenues dedicated to or controlled by a municipality or county will be used.
(b)  The distribution of a project's financial risk, the method of financing for a project, and the tolling structure and methodology must be determined by a committee consisting of the following members:
(1)  a representative of the department;
(2)  a representative of any local toll project entity, as defined by Section 371.001, for the area in which the project is located;
(3)  a representative of the applicable metropolitan planning organization; and
(4)  a representative of each municipality or county that has provided revenue or right-of-way as described by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 36, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.051. Designation

Sec. 228.051.  DESIGNATION.  Subject to Section 228.201, the commission by order may designate one or more lanes of a segment of the state highway system as a toll project or system.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.40, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.052. Operation of Toll Project or System

Sec. 228.052.  OPERATION OF TOLL PROJECT OR SYSTEM.  (a)  The department may enter into an agreement with one or more persons to provide, on terms approved by the department, personnel, equipment, systems, facilities, and services necessary to operate a toll project or system, including the operation of toll plazas and lanes and customer service centers and the collection of tolls.
(b)  A person that enters into an agreement with the department to provide services for a customer to pay an amount on an electronic toll collection customer account at a location other than a department office may collect from the customer a service charge in addition to the amount paid on the account.
(c)  The commission by rule shall set the maximum amount a person may collect as a service charge under Subsection (b), which may not exceed $3 for a payment transaction.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.40, eff. June 14, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 634 (S.B. 1467), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.054. Toll Payment Required; Emergency Vehicles Exempt

Sec. 228.054.  TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES EXEMPT.  (a)  Except as provided by Subsection (e), the operator of a vehicle, other than an authorized emergency vehicle, as defined by Section 541.201, that is driven or towed through a toll collection facility shall pay the proper toll.  The exemption from payment of a toll for an authorized emergency vehicle applies regardless of whether the vehicle is:
(1)  responding to an emergency;
(2)  displaying a flashing light; or
(3)  marked as an emergency vehicle.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017.
(d)  In this section, "authorized emergency vehicle" has the meaning assigned by Section 541.201.
(e)  Notwithstanding Subsection (a), the department may waive the requirement of the payment of a toll or may authorize the payment of a reduced toll for any vehicle or class of vehicles.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.15, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1246, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 23 (S.B. 129), Sec. 1, eff. September 1, 2005.
Transferred from Transportation Code, Section 361.252 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 4.01, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 2, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 27, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 28, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.0545. Toll Not Paid at Time of Use; Invoice

Sec. 228.0545.  TOLL NOT PAID AT TIME OF USE; INVOICE.  (a)  As an alternative to requiring payment of a toll at the time a vehicle is driven or towed through a toll collection facility, the department may use video billing or other tolling methods to permit the registered owner of the vehicle to pay the toll at a later date.
(b)  The department may use automated enforcement technology authorized under Section 228.058 to identify the registered owner of the vehicle for purposes of billing, collection, and enforcement activities.
(c)  The department shall send by first class mail to the registered owner of a vehicle a written invoice containing an assessment for tolls incurred by the vehicle.
(d)  The department shall send the invoice required under Subsection (c) and related communications to:
(1)  the registered owner's address as shown in the vehicle registration records of the Texas Department of Motor Vehicles or the analogous department or agency of another state or country; or
(2)  an alternate address provided by the owner or derived through other reliable means.
(e)  The department may provide that the invoice under Subsection (c), instead of being sent by first class mail, be sent as an electronic record to a registered owner that agrees to the terms of the electronic record transmission of the information.
Added by Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 3, eff. June 17, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 29, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 30, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.0546. Invoice Requirements; Payment Due Date

Sec. 228.0546.  INVOICE REQUIREMENTS; PAYMENT DUE DATE.  An invoice containing an assessment for the use of a toll project must:
(1)  require payment not later than the 30th day after the date the invoice is mailed; and
(2)  conspicuously state:
(A)  the amount due;
(B)  the date by which the amount due must be paid; and
(C)  that failure to pay the amount due in the required period will result in the assessment of an administrative fee.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 31, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.0547. Payment of Toll Invoice; Offense

Sec. 228.0547.  PAYMENT OF TOLL INVOICE; OFFENSE.  (a)  A person who receives an invoice from the department for the use of a toll project shall, not later than the due date specified in the invoice:
(1)  pay the amount owed as stated in the invoice; or
(2)  send a written request to the department for a review of the toll assessments contained in the invoice.
(b)  If a person fails to comply with Subsection (a), the department may add an administrative fee, not to exceed $6, to the amount the person owes.  The department:
(1)  must set the administrative fee by rule in an amount that does not exceed the cost of collecting the toll; and
(2)  may not charge a person more than $48 in administrative fees in a 12-month period.
(c)  A person who receives two or more invoices for unpaid tolls, including a lessee or transferee under Section 228.055(d-1) or (e) or a person who receives an invoice from an entity under Section 228.059, and who has not paid the amount due within 30 days of the date of the second invoice commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine not to exceed $250.  A person may not be convicted of more than one offense under this subsection in a 12-month period.
(d)  The court in which a person is convicted of an offense under Subsection (c) shall collect the unpaid tolls and administrative fees and forward the amounts to the department.  A person who is convicted of an offense under Subsection (c) is also liable for court costs.
(e)  The department may contract, in accordance with Section 2107.003, Government Code, with a person to collect the unpaid toll and any applicable administrative fee before referring the matter to a court with jurisdiction over the offense.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 31, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.056. Presumptions; Prima Facie Evidence; Defenses

Sec. 228.056.  PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES.  (a)  In the prosecution of an offense under Section 228.0547, proof that the vehicle was driven or towed through the toll collection facility without payment of the proper toll may be shown by a video recording, photograph, electronic recording, or other appropriate evidence, including evidence obtained by automated enforcement technology.
(b)  In the prosecution of an offense under Section 228.0547:
(1)  it is presumed that the invoice containing the assessment for the toll was received on the fifth day after the date of mailing;
(2)  a computer record of the Texas Department of Motor Vehicles of the registered owner of the vehicle is prima facie evidence of its contents and that the defendant was the registered owner of the vehicle when the toll was incurred; and
(3)  a copy of the rental, lease, or other contract document, or the electronic data provided to the department under Section 228.055(d), covering the vehicle on the date the toll was incurred is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the toll was incurred.
(c)  It is a defense to prosecution under Section 228.0547 that the motor vehicle in question was stolen before the toll was incurred and had not been recovered before the toll was incurred, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1)  the time the toll was incurred; or
(2)  eight hours after the discovery of the theft.
Added by Acts 1995, 74th Leg., ch. 872, Sec. 2.15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1246, Sec. 8, eff. Sept. 1, 2001.
Transferred from Transportation Code, Section 361.254 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 918 (H.B. 2983), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2B.02, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 5, eff. June 17, 2011.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 34, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.057. Electronic Toll Collection

Sec. 228.057.  ELECTRONIC TOLL COLLECTION.  (a)  For purposes of this section, a "transponder" means a device, placed on or within an automobile, that is capable of transmitting information used to assess or to collect tolls.  A transponder is "insufficiently funded" when there are no remaining funds in the account in connection with which the transponder was issued.
(b)  Any peace officer of this state may seize a stolen or insufficiently funded transponder and return it to the department, except that an insufficiently funded transponder may not be seized sooner than the 30th day after the date the department has sent a notice of delinquency to the holder of the account.
(c)  The department may enter into an agreement with one or more persons to market and sell transponders for use on department toll roads.
(d)  The department may charge reasonable fees for administering electronic toll collection customer accounts.
(e)  Electronic toll collection customer account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code.
(f)  A contract for the acquisition, construction, maintenance, or operation of a toll project must ensure the confidentiality of all electronic toll collection customer account information under Subsection (e).
(g)  The department may, following closure of an electronic toll collection customer account and at the request of the account holder, refund the balance of funds in the account after satisfaction of any outstanding tolls and fees.
(h)  The department may enter into an agreement with a governmental or private entity regarding the use of a transponder issued by the department and the corresponding electronic toll collection customer account to pay for parking services offered by the entity.
(i)  The department shall provide electronic toll collection customers with an option to authorize automatic payment of tolls through the withdrawal of funds from the customer's bank account.
Added by Acts 1995, 74th Leg., ch. 872, Sec. 2.15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1246, Sec. 9, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 312, Sec. 50, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.48, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.255 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 6, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 956 (S.B. 198), Sec. 1, eff. September 1, 2020.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.058. Automated Enforcement Technology

Sec. 228.058.  AUTOMATED ENFORCEMENT TECHNOLOGY.  (a)  To aid in the collection of tolls and in the enforcement of toll violations, the department may use automated enforcement technology that it determines is necessary, including automatic vehicle license plate identification photography and video surveillance, by electronic imaging or photographic copying.
(b)  Automated enforcement technology approved by the department under Subsection (a) may be used only for the purpose of producing, depicting, photographing, or recording an image that depicts that portion of a vehicle necessary to establish the classification of vehicle and the proper toll to be charged, the license plate number, and the state of registration, including an image:
(1)  of a license plate attached to the front or rear of a vehicle; and
(2)  showing the vehicle dimensions, the presence of a trailer, and the number of axles.
(c)  This section does not authorize the use of automated enforcement technology for any other purpose.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 258, Sec. 4.07, eff. September 1, 2007.
Added by Acts 2001, 77th Leg., ch. 1246, Sec. 10, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 51, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.49, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.256 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 4.07, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 7, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter B. Use and Operation of Toll Projects or Systems › Section 228.059. Toll Collection and Enforcement by Other Entity

Sec. 228.059.  TOLL COLLECTION AND ENFORCEMENT BY OTHER ENTITY.  (a)  An entity operating a toll lane pursuant to Section 228.007(b) or under an agreement under Subchapter E, Chapter 223, has, with regard to toll collection and enforcement for that toll lane, the same powers and duties as the department under this chapter, except as provided by Subsection (b).  The entity may use revenues for improvement, extension, expansion, or maintenance of the toll lane.
(b)  Notwithstanding Sections 228.0545, 228.0546, and 228.0547 or other law, a toll collected pursuant to an agreement for tolling services with a toll project entity, as defined by Section 371.001, other than the department is governed by the fee and fine structure of the entity issuing the initial toll invoice.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 13.01, eff. June 11, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 35, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 9 (H.B. 1116), Sec. 1, eff. May 15, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.101. Construction Costs

Sec. 228.101.  CONSTRUCTION COSTS.  (a)  The cost of construction, improvement, extension, or expansion of a toll project or system under this chapter includes the cost of:
(1)  the actual acquisition, design, development, planning, financing, construction, improvement, extension, or expansion of the project or system;
(2)  acquisition of real property, rights-of-way, property rights, easements, and interests;
(3)  the acquisition of machinery, equipment, software, and intellectual property;
(4)  interest before, during, and for one year after construction, improvement, extension, or expansion;
(5)  traffic estimates, engineering, legal and other advisory services, plans, specifications, surveys, appraisals, cost and revenue estimates, and other expenses necessary or incident to determining the feasibility of the construction, improvement, extension, or expansion;
(6)  necessary or incidental administrative, legal, and other expenses;
(7)  financing; and
(8)  placement of the project or system in operation and expenses related to the initial operation of the project or system.
(b)  Costs attributable to a toll project or system for which bonds are issued that are incurred before the issuance of the bonds may be reimbursed from the proceeds of the sale of the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 920, Sec. 2, eff. June 14, 2001.
Transferred from Transportation Code, Section 361.004 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.103. Applicability of Other Law; Conflicts

Sec. 228.103.  APPLICABILITY OF OTHER LAW; CONFLICTS.  All laws affecting the issuance of bonds by governmental entities, including Chapters 1201, 1202, 1204, 1207, and 1371, Government Code, apply to bonds issued under this subchapter.  To the extent of a conflict between those laws and this subchapter, the provisions of this subchapter prevail.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.386, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 312, Sec. 23, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.23, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.05, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.172 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.104. Payment of Bonds; Credit of State Not Pledged

Sec. 228.104.  PAYMENT OF BONDS; CREDIT OF STATE NOT PLEDGED.  (a)  The principal of, interest on, and any redemption premium on bonds issued by the commission under this subchapter are payable solely from:
(1)  the revenue of the toll project or system for which the bonds are issued, including tolls pledged to pay the bonds;
(2)  the proceeds of bonds issued for the project or system;
(3)  the amounts deposited in a debt service reserve fund as required by the trust agreement securing bonds issued for the project or system;
(4)  amounts received under a credit agreement relating to the project or system for which the bonds are issued;
(5)  surplus revenue of another project or system as authorized by Section 228.006; and
(6)  amounts received by the department:
(A)  as pass-through tolls under Section 222.104;
(B)  under an agreement with a local governmental entity entered into under Section 228.254;
(C)  under other agreements with a local governmental entity relating to the project or system for which the bonds are issued; and
(D)  under a comprehensive development agreement entered into under Section 223.201.
(b)  Bonds issued under this subchapter do not constitute a debt of the state or a pledge of the faith and credit of the state.  Each bond must contain on its face a statement to the effect that:
(1)  the state, the commission, and the department are not obligated to pay the bond or the interest on the bond from a source other than the amount pledged to pay the bond and the interest on the bond; and
(2)  the faith and credit and the taxing power of the state are not pledged to the payment of the principal of or interest on the bond.
(c)  The commission and the department may not incur financial obligations that cannot be paid from tolls or revenue derived from owning or operating toll projects or systems or from money provided by law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.06, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 312, Sec. 24, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.24, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.06, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.173 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.105. Sources of Payment of and Security for Toll Revenue Bonds

Sec. 228.105.  SOURCES OF PAYMENT OF AND SECURITY FOR TOLL REVENUE BONDS.  Notwithstanding any other provisions of this subchapter, toll revenue bonds issued by the commission may:
(1)  be payable from and secured by:
(A)  payments made under an agreement with a local governmental entity as provided by Section 228.254;
(B)  the proceeds of bonds issued for the toll project or system;
(C)  amounts deposited in a debt service reserve fund as required by the trust agreement securing bonds issued for the project or system; or
(D)  surplus revenue of another toll project or system as authorized by Section 228.006; and
(2)  state on their faces any pledge of revenue or taxes and any security for the bonds under the agreement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 25, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.25, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.07, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.174 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.106. Interim Bonds

Sec. 228.106.  INTERIM BONDS.  (a)  The commission may, before issuing definitive bonds, issue interim bonds, with or without coupons, exchangeable for definitive bonds.
(b)  An order authorizing interim bonds may provide that the interim bonds recite that the bonds are issued under this subchapter.  The recital is conclusive evidence of the validity and the regularity of the bonds' issuance.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 15.27, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.1751 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.107. Effect of Lien

Sec. 228.107.  EFFECT OF LIEN.  (a)  A lien on or a pledge of revenue, a contract payment, or a pledge of money to the payment of bonds issued under this subchapter is valid and effective in accordance with Chapter 1208, Government Code, and:
(1)  is enforceable in any court at the time of payment for and delivery of the bond;
(2)  applies to each item on hand or subsequently received;
(3)  applies without physical delivery of an item or other act; and
(4)  is enforceable in any court against any person having a claim, in tort, contract, or other remedy, against the commission or the department without regard to whether the person has notice of the lien or pledge.
(b)  An order authorizing the issuance of bonds is not required to be recorded except in the regular records of the department.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 15.27, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.1752 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.108. Approval of Bonds by Attorney General

Sec. 228.108.  APPROVAL OF BONDS BY ATTORNEY GENERAL.  (a)  The commission shall submit to the attorney general for examination the record of proceedings relating to bonds authorized under this subchapter.  The record shall include the bond proceedings and any contract securing or providing revenue for the payment of the bonds.
(b)  If the attorney general determines that the bonds, the bond proceedings, and any supporting contract are authorized by law, the attorney general shall approve the bonds and deliver to the comptroller:
(1)  a copy of the legal opinion of the attorney general stating the approval; and
(2)  the record of proceedings relating to the authorization of the bonds.
(c)  On receipt of the legal opinion of the attorney general and the record of proceedings relating to the authorization of the bonds, the comptroller shall register the record of proceedings.
(d)  After approval by the attorney general, the bonds, the bond proceedings, and any supporting contract are valid, enforceable, and incontestable in any court or other forum for any reason and are binding obligations according to their terms for all purposes.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 15.27, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.1753 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.109. Trust Agreement

Sec. 228.109.  TRUST AGREEMENT.  (a)  Bonds issued under this subchapter may be secured by a trust agreement between the commission and a corporate trustee that is a trust company or a bank that has the powers of a trust company.
(b)  A trust agreement may pledge or assign the tolls and other revenue to be received but may not convey or mortgage any part of a toll project or system.
(c)  A trust agreement may not evidence a pledge of the revenue of a toll project or system except:
(1)  to pay the cost of maintaining, repairing, and operating the project or system;
(2)  to pay the principal of, interest on, and any redemption premium on the bonds as they become due and payable;
(3)  to create and maintain reserves for the purposes described by Subdivisions (1) and (2), as prescribed by Section 228.053; and
(4)  as otherwise provided by law.
(d)  Notwithstanding Subsection (c), surplus revenue may be used for a transportation or air quality project as authorized by Section 228.006.
(e)  A trust agreement may:
(1)  set forth the rights and remedies of the bondholders and the trustee;
(2)  restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing corporate bonds and debentures; and
(3)  contain provisions the commission determines reasonable and proper for the security of the bondholders.
(f)  The expenses incurred in carrying out a trust agreement may be treated as part of the cost of operating the toll project or system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.08, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 312, Sec. 27, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.28, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.176 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.110. Provisions Protecting and Enforcing Rights and Remedies of Bondholders

Sec. 228.110.  PROVISIONS PROTECTING AND ENFORCING RIGHTS AND REMEDIES OF BONDHOLDERS.  A trust agreement or order providing for the issuance of bonds may contain provisions to protect and enforce the rights and remedies of the bondholders, including:
(1)  covenants establishing the commission's duties relating to:
(A)  the acquisition of property;
(B)  the design, development, financing, construction, improvement, expansion, maintenance, repair, operation, and insurance of the toll project or system in connection with which the bonds were authorized; and
(C)  the custody, safeguarding, and application of money;
(2)  covenants prescribing events that constitute default;
(3)   covenants relating to the rights, powers, liabilities, or duties that arise on the breach of a duty of the commission, including the right of the trustee to bring actions against the commission or the department in any state court to enforce the covenants in the agreement, and the sovereign immunity of the state is waived for that purpose; and
(4)  provisions for the employment of consulting engineers in connection with the construction or operation of the project or system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 28, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.29, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.08, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.177 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.111. Furnishing of Indemnifying Bonds or Pledge of Securities

Sec. 228.111.  FURNISHING OF INDEMNIFYING BONDS OR PLEDGE OF SECURITIES.  A bank or trust company incorporated under the laws of this state that acts as depository of the proceeds of bonds or of revenue may furnish indemnifying bonds or pledge securities that the department requires.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 5.015, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 312, Sec. 29, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.30, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.09, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.178 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.112. Feasibility Study by Municipality, County, or Private Group

Sec. 228.112.  FEASIBILITY STUDY BY MUNICIPALITY, COUNTY, OR PRIVATE GROUP.  (a)  One or more municipalities, one or more counties, a combination of municipalities and counties, or a private group or combination of individuals in this state may pay all or part of the expenses of studying the cost and feasibility and any other expenses relating to:
(1)  the preparation and issuance of toll revenue bonds for the construction of a proposed toll project or system;
(2)  the improvement, extension, or expansion of an existing project or system; or
(3)  the use of private participation under Subchapter E, Chapter 223.
(b)  Money spent under Subsection (a) for a proposed toll project or system is reimbursable, with the consent of the commission, to the person paying the expenses out of the proceeds from toll revenue bonds issued for or other proceeds that may be used for the financing, design, development, construction, improvement, extension, expansion, or operation of the project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 33, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.32, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.183 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.113. Trust Fund

Sec. 228.113.  TRUST FUND.  (a)  All money received under this subchapter, whether as proceeds from the sale of bonds or as revenue, is a trust fund to be held and applied as provided by this subchapter.  Notwithstanding any other law, including Section 9, Chapter 1123, Acts of the 75th Legislature, Regular Session, 1997, and without the prior approval of the comptroller, funds held under this subchapter shall be held in trust by a banking institution chosen by the department or, at the discretion of the department, in trust in the state treasury outside the general revenue fund.
(b)  The order authorizing the issuance of bonds or the trust agreement securing the bonds shall provide that an officer to whom or a bank or trust company to which the money is paid shall act as trustee of the money and shall hold and apply the money for the purpose of the order or trust agreement, subject to this subchapter and the order or trust agreement.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1306, Sec. 3, eff. Aug. 30, 1999;  Acts 2003, 78th Leg., ch. 312, Sec. 35, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.33, eff. June 21, 2003;  Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.11, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.185 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.114. Remedies

Sec. 228.114.  REMEDIES.  Except to the extent restricted by a trust agreement, a holder of a bond issued under this subchapter and a trustee under a trust agreement may:
(1)  protect and enforce by a legal proceeding in any court a right under:
(A)  this subchapter or another law of this state;
(B)  the trust agreement; or
(C)  the order authorizing the issuance of the bond; and
(2)  compel the performance of a duty this subchapter, the trust agreement, or the order requires the commission or the department or an officer of the commission or the department to perform, including the imposing of tolls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 36, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.34, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.186 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.115. Exemption From Taxation or Assessment

Sec. 228.115.  EXEMPTION FROM TAXATION OR ASSESSMENT.  (a)  The commission is exempt from taxation of or assessments on:
(1)  a toll project or system;
(2)  property the department acquires or uses under this subchapter; or
(3)  income from property described by Subdivision (1) or (2).
(b)  Bonds issued under this subchapter and income from the bonds, including any profit made on the sale or transfer of the bonds, are exempt from taxation in this state.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.12, 2.13, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 312, Sec. 37, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.35, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.187 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.116. Valuation of Bonds Securing Deposit of Public Funds

Sec. 228.116.  VALUATION OF BONDS SECURING DEPOSIT OF PUBLIC FUNDS.  Bonds of the commission may secure the deposit of public funds of the state or a political subdivision of the state to the extent of the lesser of the face value of the bonds or their market value.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 312, Sec. 38, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.36, eff. June 21, 2003.
Transferred from Transportation Code, Section 361.188 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter C. Toll Revenue Bonds › Section 228.117. Funding for Department District

Sec. 228.117.  FUNDING FOR DEPARTMENT DISTRICT.  The commission may not revise the formula as provided in the department's unified transportation program, or its successor document, in a manner that results in a decrease of a district's allocation because revenue bonds are issued for a toll project located within the department district.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.43, eff. June 14, 2005.