reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter J. Financial and Performance Audits › Section 452.454. Performance Audits: Certain Authorities

Sec. 452.454.  PERFORMANCE AUDITS:  CERTAIN AUTHORITIES.  (a)  A subregional board created under Subchapter O  governing an authority consisting of one subregion shall contract every fourth state fiscal year beginning with the 1995-1996 fiscal year for a performance audit of the authority to be conducted by a firm that has experience in reviewing the performance of transit agencies.
(b)  The purposes of the audit are to provide:
(1)  evaluative information necessary for the performance of oversight functions by state and local officers;  and
(2)  information to the authority to assist in making changes for the improvement of the efficiency and effectiveness of authority operations.
(c)  Each audit must include an examination of:
(1)  one or more of the following:
(A)  the administration and management of the authority;
(B)  transit operations; or
(C)  transit authority system maintenance;
(2)  the authority's compliance with applicable state law, including this chapter; and
(3)  the following performance indicators:
(A)  subsidy per passenger, operating cost per revenue mile, and operating cost per revenue hour;
(B)  sales and use tax receipts per passenger;
(C)  fare recovery rate;
(D)  number of passengers per hour;
(E)  on-time performance;
(F)  number of collisions per 100,000 miles; and
(G)  number of miles between mechanical service calls.
(d)  A subject described under Subsection (c)(1) must be examined at least once in every third audit.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 118 (S.B. 1077), Sec. 1, eff. May 17, 2007.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter J. Financial and Performance Audits › Section 452.456. Performance Audit Response; Hearing

Sec. 452.456.  PERFORMANCE AUDIT RESPONSE;  HEARING.  (a)  An authority for which a performance audit is conducted under Section 452.454 shall prepare a written response to the performance audit report.  The response must include each proposal for action relating to recommendations included in the report, whether the proposal for action is pending, adopted, or rejected.
(b)  The authority shall make copies of the report and the response available for public inspection at the offices of the authority during normal business hours.
(c)  The authority shall conduct a public hearing on each performance audit report and the authority's response under Subsection (a).  The authority shall give notice of the hearing by publication of the notice in a newspaper of general circulation in the area included in the authority at least 14 days before the date of the hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter J. Financial and Performance Audits › Section 452.457. Delivery of Report and Response

Sec. 452.457.  DELIVERY OF REPORT AND RESPONSE.  An authority required by Section 452.454 to contract for a performance audit shall, before February 1 of the year after the fiscal year in which the performance audit is conducted, deliver a copy of each performance audit report and of the authority's response to the report to:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives;
(4)  each member of the legislature whose district includes territory in the authority;
(5)  the state auditor;
(6)  the county judge of each county having territory in the authority;  and
(7)  the presiding officer of the governing body of each municipality having territory in the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter K. Provisions Generally Applicable to Executive Committees › Section 452.501. Applicability of Subchapter

Sec. 452.501.  APPLICABILITY OF SUBCHAPTER.  This subchapter does not apply to the executive committee of an authority created by a contiguous municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter K. Provisions Generally Applicable to Executive Committees › Section 452.502. Executive Committee of Regional Authority

Sec. 452.502.  EXECUTIVE COMMITTEE OF REGIONAL AUTHORITY.  (a)  The executive committee of a regional transportation authority confirmed in more than one subregion is composed of 11 members selected as follows:
(1)  seven members from the membership of the subregional board in the subregion that has a principal municipality with a population of more than 1.1 million according to the most recent federal decennial census; and
(2)  four members from the membership of the subregional board in the subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census.
(b)  The subregional boards shall select their representatives to the executive committee from their membership by a vote of the members.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter K. Provisions Generally Applicable to Executive Committees › Section 452.503. Terms; Vacancy

Sec. 452.503.  TERMS;  VACANCY.  (a)  A member of the executive committee serves at the pleasure of the subregional board.  Each September 1 the confirmation of each appointment of a member must be considered.
(b)  To remain on the executive committee a person must maintain membership on a subregional board.
(c)  A vacancy on the executive committee is filled in the same manner as the original appointment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter K. Provisions Generally Applicable to Executive Committees › Section 452.504. Officers

Sec. 452.504.  OFFICERS.  (a)  The members of the executive committee shall elect from among its membership a presiding officer, assistant presiding officer, and secretary.
(b)  The executive committee may appoint, as necessary, members or nonmembers as assistant secretaries.
(c)  The secretary or assistant secretary shall:
(1)  keep permanent records of each proceeding and transaction of the authority;  and
(2)  perform other duties assigned by the executive committee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter K. Provisions Generally Applicable to Executive Committees › Section 452.505. Conflicts of Interest

Sec. 452.505.  CONFLICTS OF INTEREST.  Members of the executive committee and officers of the authority are subject to Chapter 171, Local Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter K. Provisions Generally Applicable to Executive Committees › Section 452.506. Meetings

Sec. 452.506.  MEETINGS.  (a)  The executive committee shall hold at least one regular meeting each month to transact the business of an authority.
(b)  On written notice, the presiding officer may call special meetings as necessary.
(c)  The executive committee by resolution shall:
(1)  set the time, place, and day of the regular meetings;  and
(2)  adopt rules and bylaws as necessary to conduct meetings.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter K. Provisions Generally Applicable to Executive Committees › Section 452.507. Quorum; Voting Requirements

Sec. 452.507.  QUORUM;  VOTING REQUIREMENTS.  (a)  Eight members are a quorum of the executive committee.
(b)  An action of the executive committee requires a vote of a majority of the members present unless the bylaws require a larger number for a particular action.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.521. Applicability of Subchapter

Sec. 452.521.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to the executive committee of an authority created by a contiguous municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.522. Executive Committee

Sec. 452.522.  EXECUTIVE COMMITTEE.  (a)  The executive committee of an authority is composed of five members.
(b)  Each member is appointed by the governing body of the contiguous municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.523. Membership Terms; Vacancies

Sec. 452.523.  MEMBERSHIP TERMS;  VACANCIES.  (a)  Each member of the executive committee serves a term of two years except the initial terms of two members are for one year.  The subsequent terms are staggered.
(b)  A vacancy on the committee may be filled by appointment of the governing body of the contiguous municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.524. Officers

Sec. 452.524.  OFFICERS.  (a)  The members of the executive committee shall elect from among its membership a presiding officer, assistant presiding officer, and secretary and other officers the members determine are appropriate.
(b)  The executive committee may appoint, as necessary, members or nonmembers as assistant secretaries.
(c)  The secretary or assistant secretary shall:
(1)  keep permanent records of each proceeding and transaction of the authority;  and
(2)  perform other duties assigned by the executive committee.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.525. Removal of Members

Sec. 452.525.  REMOVAL OF MEMBERS.  The governing body of the contiguous municipality may remove a member of the executive committee at any time for, or without, cause.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.526. Conflicts of Interest

Sec. 452.526.  CONFLICTS OF INTEREST.  A member of the executive committee or an officer of the subregional authority may not have a pecuniary interest or receive a direct or indirect benefit in any agreement to which the authority is a party.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.527. Meetings

Sec. 452.527.  MEETINGS.  (a)  The executive committee shall hold at least one regular meeting each month to transact the business of the subregional authority.
(b)  The presiding officer may call special meetings as necessary.
(c)  The executive committee by resolution shall:
(1)  set the time, place, and day of regular meetings;  and
(2)  adopt rules and bylaws as necessary to conduct meetings.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter L. Executive Committee of Authority Created by Contiguous Municipality › Section 452.528. Quorum; Voting Requirement

Sec. 452.528.  QUORUM;  VOTING REQUIREMENT.  (a)  Three members are a quorum of the executive committee.
(b)  An action of the executive committee requires a vote of a majority of the members present unless the bylaws require a larger number for a particular action.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter M. Provisions Generally Applicable to Subregional Boards › Section 452.541. Board Membership: Residency in Authority

Sec. 452.541.  BOARD MEMBERSHIP:  RESIDENCY IN AUTHORITY. (a) Except as provided by Subsection (b), a member of a subregional board must be a qualified voter residing in the authority.
(b)  An individual who does not reside in the authority may be appointed to the board under Section 452.562(c)(1) if the individual is a qualified voter of and resides in a municipality that:
(1)  has entered into a contract with the authority to receive services; and
(2)  has adopted a sales tax to participate in the funding of a transportation project being planned, developed, or operated by the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 360 (H.B. 2536), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter M. Provisions Generally Applicable to Subregional Boards › Section 452.542. Service on Board; Vacancies

Sec. 452.542.  SERVICE ON BOARD;  VACANCIES.  (a)  A member of a subregional board serves at the pleasure of the appointing governing body.
(b)  Each September each appointment must be reaffirmed.
(c)  A vacancy on a subregional board is filled in the same manner as the original appointment.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter M. Provisions Generally Applicable to Subregional Boards › Section 452.543. Board Officers

Sec. 452.543.  BOARD OFFICERS.  (a)  A subregional board shall elect from its membership a presiding officer, assistant presiding officer, and secretary.
(b)  The board may appoint, as necessary, members or nonmembers as assistant secretaries.
(c)  The secretary or assistant secretary shall:
(1)  keep permanent records of each proceeding and transaction of the board;  and
(2)  perform other duties assigned by the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter M. Provisions Generally Applicable to Subregional Boards › Section 452.544. Conflicts of Interest

Sec. 452.544.  CONFLICTS OF INTEREST.  A member of a subregional board is subject to Chapter 171, Local Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter M. Provisions Generally Applicable to Subregional Boards › Section 452.545. Duties

Sec. 452.545.  DUTIES.  A subregional board shall:
(1)  develop, recommend, and approve the annual budget for its subregion;  and
(2)  if the subregion is a part of a regional authority, make recommendations to the executive committee for:
(A)  the overall budget;  and
(B)  the operation of services provided by the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter M. Provisions Generally Applicable to Subregional Boards › Section 452.546. Board Meetings

Sec. 452.546.  BOARD MEETINGS.  (a)  A subregional board, by resolution, shall:
(1)  set the time, place, and day of regular meetings;  and
(2)  adopt rules and bylaws as necessary to conduct meetings.
(b)  A special meeting must be called by written notice of the presiding officer or assistant presiding officer.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter M. Provisions Generally Applicable to Subregional Boards › Section 452.547. Compensation; Expenses

Sec. 452.547.  COMPENSATION;  EXPENSES.  Each member of a subregional board is entitled to:
(1)  reimbursement for necessary and reasonable expenses incurred in the discharge of duties;  and
(2)  $50 for each meeting of the executive committee or subregional board attended.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter N. Subregional Board in Authority Having No Municipality With Population of More Than 1.1 Million › Section 452.561. Applicability of Subchapter

Sec. 452.561.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to the board of a subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter N. Subregional Board in Authority Having No Municipality With Population of More Than 1.1 Million › Section 452.562. Board Membership; Appointments

Sec. 452.562.  BOARD MEMBERSHIP;  APPOINTMENTS.  (a)  A subregional board is composed of 11 members.
(b)  If the entire county of the principal municipality is included in the authority, the subregional board consists of:
(1)  five members appointed by the governing body of the principal municipality;
(2)  five members appointed by the commissioners court of the county of the principal municipality; and
(3)  one member appointed by the governing body of a municipality that is in the authority and has a population of more than 100,000.
(c)  If Subsection (b) does not apply, the subregional board shall be appointed as follows:
(1)  the commissioners court of the county of the principal municipality shall appoint at least three members to represent:
(A)  the unincorporated areas and municipalities in the county that are not otherwise represented on the subregional board; and
(B)  the municipalities that have entered into a contract with the authority to receive services; and
(2)  the remaining members shall be apportioned to the municipalities confirmed as all or part of the subregion according to the ratio that the population of each unit of election bears to the total population of the area confirmed as the subregion.
(d)  Units of election that do not receive at least one member are to be aggregated with the county to determine population represented by the county, and appropriate additional members, if any, are to be so apportioned to the county.
(e)  Units of election that are entitled to one or more members are to have the number of members rounded to the nearest whole number to determine actual apportionment.
(f)  The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged.
(g)  An elected officer of the state or a political subdivision of this state who is not prohibited by the Texas Constitution from serving on the board is eligible, as an additional duty of office, to serve on the board.  An elected officer who is a board member is not entitled to receive compensation for serving as a member but is entitled to reimbursement for reasonable expenses incurred in performing duties as a member.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1038, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 360 (H.B. 2536), Sec. 2, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter N. Subregional Board in Authority Having No Municipality With Population of More Than 1.1 Million › Section 452.563. Quorum

Sec. 452.563.  QUORUM.  (a)  Six members of the subregional board are a quorum.
(b)  An action of the board requires a majority vote of the members present.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.571. Applicability of Subchapter

Sec. 452.571.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to the board of a subregion that has a principal municipality with a population of more than 1.1 million according to the most recent federal decennial census.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.572. Board Membership; Municipal Representation

Sec. 452.572.  BOARD MEMBERSHIP;  MUNICIPAL REPRESENTATION.  (a)  The subregional board is composed of 15 members appointed by the governing bodies of the municipalities in the subregional authority.
(b)  The governing body of a municipality entitled to appoint more than one board member may appoint a number of members less than the number allocated to the municipality.  Those appointed members may cast the same number of votes as the number of members allocated, but a member may not cast a divided vote.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.573. Allocation of Membership Among Municipalities

Sec. 452.573.  ALLOCATION OF MEMBERSHIP AMONG MUNICIPALITIES.  (a)  A governing body of a municipality in a subregion may make appointments to the subregional board in the same ratio as the population of the appointing municipality bears to the population of the subregion.
(b)  A municipality the population of which entitles it to make a fraction of an appointment may combine that fraction with one or more other municipalities in the subregion to be entitled to make one appointment.
(c)  Municipalities combining population under Subsection (b) must agree on the method of making the appointment.
(d)  A municipality may not combine its population with another municipality for the purpose of minimizing the representation on the board of a racial or ethnic minority.
(e)  A combination under Subsection (b) of two or more municipalities having insufficient population to receive an allocation of one membership must be made before the 61st day after the date for establishing or restructuring a board under Section 452.577.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.574. Board Membership: Eligibility

Sec. 452.574.  BOARD MEMBERSHIP:  ELIGIBILITY.  (a)  To be eligible for appointment to a subregional board, a person must reside in the municipality making the appointment.
(b)  An elected officer of the state or a political subdivision of this state who is not prohibited by the Texas Constitution from serving on the board is eligible, as an additional duty of office, to serve on the board.  An elected officer who is a board member is not entitled to receive compensation for serving as a member but is entitled to reimbursement for reasonable expenses incurred in performing duties as a member.
(c)  The principal municipality shall make its appointments to the board so that at least one of the appointees is designated to represent the interests of the transportation disadvantaged.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1038, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.575. Appointments to Reflect Composition of Municipality

Sec. 452.575.  APPOINTMENTS TO REFLECT COMPOSITION OF MUNICIPALITY.  The governing body of a municipality that makes more than one appointment shall, to the greatest extent practicable, select persons who accurately reflect the racial and ethnic composition of the municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.576. Maximum Municipal Membership Entitlement; Reallocation

Sec. 452.576.  MAXIMUM MUNICIPAL MEMBERSHIP ENTITLEMENT;  REALLOCATION.  (a)  A municipality may not make more than 65 percent of the appointments to the subregional board.
(b)  If the number of appointments to which a municipality would be entitled under Section 452.573 exceeds the limitation provided by Subsection (a), the excess is apportioned according to that section among the other municipalities in the subregion.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.577. Reapportionment

Sec. 452.577.  REAPPORTIONMENT.  As needed because of the withdrawal or addition of a municipality or unincorporated area, population changes, or changes in combinations established under Section 452.573(b), the board of a subregional authority shall be restructured under Section 452.573(a):
(1)  each fifth year as of September 1 after the date that the census data or population estimates become available;  or
(2)  when a municipality or unincorporated area withdraws from or joins the authority.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.578. Terms of Board Members

Sec. 452.578.  TERMS OF BOARD MEMBERS.  (a)  Each member of the subregional board serves a staggered term of two years.  Eight of the terms begin on July 1 of odd-numbered years, and seven terms begin on July 1 of even-numbered years.
(b)  The term of a member does not end because of a reapportionment under Section 452.577, and the board shall have a plan for filling vacancies after a reapportionment to ensure that each municipality maintains the representation to which it is entitled.
(c)  The governing body of a principal municipality may not limit the number of terms that members of the board may serve.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.579. Quorum; Actions

Sec. 452.579.  QUORUM;  ACTIONS.  (a)  Sixty-five percent of the members is a quorum.
(b)  An action of the subregional board requires a majority vote of the members present.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter O. Subregional Board in Subregion Having Principal Municipality With Population of More Than 1.1 Million › Section 452.580. Change of Budgeting Policy

Sec. 452.580.  CHANGE OF BUDGETING POLICY.  A subregional board may adopt on a two-thirds vote of the board a budgeting policy for the authority that provides for the adoption and implementation of a budget that extends for two fiscal years, with annual reviews as needed.
Added by Acts 2001, 77th Leg., ch. 509, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.601. Addition of Territory by Municipal Annexation

Sec. 452.601.  ADDITION OF TERRITORY BY MUNICIPAL ANNEXATION.  (a)  When a municipality that is part of an authority annexes territory that before the annexation is not part of the authority, the annexed territory becomes part of the authority.
(b)  When a contiguous municipality annexes additional territory, the annexed territory becomes a part of the subregional authority created by the contiguous municipality.
(c)  Except for Subsection (b), this subchapter does not apply to an authority created by a contiguous municipality.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.602. Addition of Municipality by Election

Sec. 452.602.  ADDITION OF MUNICIPALITY BY ELECTION.  (a)  The territory of a municipality that is not part of an authority may be added to an authority if:
(1)  any part of the municipality is located in a county in which the authority is located;
(2)  the governing body of the municipality orders an election under this section on whether the territory of the municipality should be added to the authority;  and
(3)  a majority of the votes received in the election favor the measure.
(b)  The governing body of the municipality shall certify to the executive committee the result of an election in which the addition is approved.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.6025. Addition of Certain Municipalities by Election

Sec. 452.6025.  ADDITION OF CERTAIN MUNICIPALITIES BY ELECTION.  (a)  In this section, "special sales and use tax" means a sales and use tax levied by a municipality that is in excess of one percent.
(b)  This section applies only to a municipality that levies a special sales and use tax that, when combined with the authority's sales and use tax, would result in a sales and use tax rate of more than two percent in the territory of the municipality.
(c)  A municipality that does not have territory that is part of an authority may be added to the territory of an authority on a date determined by the executive committee if:
(1)  any part of the territory of the municipality is located in a county in which the authority has territory or in a county that is adjacent to a county in which the authority has territory;
(2)  the executive committee states, by resolution, the authority's intention to provide transportation services in the territory of the municipality;
(3)  the governing body of the municipality calls an election on the addition of the territory of the municipality to the territory of the authority; and
(4)  a majority of the votes cast in the election favor the proposition.
(d)  The election in a municipality to approve the addition of the territory of the municipality to the territory of the authority is to be treated for all purposes as an election to reduce the rate of the municipality's special sales and use tax, on the effective date determined by the executive committee, to the highest rate that will not impair the imposition of the authority's sales and use tax.
(e)  At any time after the date of the election approving the addition of the territory of the municipality to the territory of the authority, the executive committee and the governing body of the municipality may enter into an interlocal agreement that provides for the eventual admission of the territory of the municipality to the territory of the authority.
(f)  Notwithstanding Section 452.607, a sales and use tax imposed by the authority takes effect in the territory of the municipality on the first day of the first calendar quarter that begins after the date the comptroller receives a certified copy of an order adopted by the executive committee adding the territory of the municipality, accompanied by a map of the authority clearly showing the territory added.
Added by Acts 2003, 78th Leg., ch. 915, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.74, eff. April 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 794 (S.B. 1461), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.603. Addition of County Area by Election

Sec. 452.603.  ADDITION OF COUNTY AREA BY ELECTION.  (a)  Unincorporated territory that is a part of a county, not a part of an authority, and designated by the commissioners court of the county may be added to an authority if:
(1)  any part of the county is located in the authority or any part of an adjacent county is located in the authority;
(2)  the commissioners court orders an election in the designated area under this section on whether the area should be added to the authority;  and
(3)  a majority of the votes received in the election favor the measure.
(b)  In designating an area under this section, the commissioners court may not, to the extent practicable, divide a county election precinct.
(c)  The commissioners court shall certify to the authority the result of an election in which the addition is approved.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.604. Procedure for Annexation of All or Part of Another Subregion

Sec. 452.604.  PROCEDURE FOR ANNEXATION OF ALL OR PART OF ANOTHER SUBREGION.  (a)  The procedures provided by Section 452.701(a) or (b) and Sections 452.703-452.708 apply to the addition to an authority of a municipality located in another subregion or the addition of another subregion.
(b)  After an election as provided by Section 452.715(a), a subregional board shall be appointed under Subchapter N or O, as applicable, and the executive committee existing before the additional subregional board is appointed shall be modified to conform with Subchapter K.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.605. Joining Authority: Certain Authorities

Sec. 452.605.  JOINING AUTHORITY:  CERTAIN AUTHORITIES.  (a)  A municipality with a population of at least 250,000 according to the most recent federal decennial census and located in a county that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census may join a separate authority by complying with this chapter.
(b)  If a municipality described by Subsection (a) joins a separate authority and another separate authority is subsequently established in a county that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, any municipality in that county that has voted to participate with any authority created under this chapter may at the time of the creation of the new authority:
(1)  remain in the authority that was created first;
(2)  join the new authority in the county in which the municipality is located; or
(3)  participate with both authorities.
(c)  A municipality in which capital improvements have been made at its request by an authority must on its transfer to a different authority or participation with more than one authority continue to honor reimbursement obligations resulting from the improvements.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1122 (H.B. 3777), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.606. Executive Committee Approval of Annexation: Effective Date

Sec. 452.606.  EXECUTIVE COMMITTEE APPROVAL OF ANNEXATION:  EFFECTIVE DATE.  (a)  The addition of territory approved under Section 452.602 or 452.603 does not take effect if, before the effective date of the addition under Subsection (b), the executive committee of the authority gives written notice to the governing body of the municipality or the commissioners court of the county that held the election that the addition would create a financial hardship on the authority because:
(1)  the territory to be added is not contiguous to the territory of the existing authority;  or
(2)  the addition of the territory would impair the imposition of the sales and use tax authorized by this chapter.
(b)  In the absence of a notice under Subsection (a), the addition of territory approved under Section 452.602 or 452.603 takes effect on the 31st day after the date of the election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter P. Addition of Territory › Section 452.607. Added Territory: Effective Date of Taxes

Sec. 452.607.  ADDED TERRITORY:  EFFECTIVE DATE OF TAXES.  (a)  A sales and use tax imposed by an authority under Subchapter I, other than a tax imposed by an authority created by a contiguous municipality and except as provided by Section 452.403, takes effect in territory added to the authority under this subchapter on the first day of the first calendar quarter that begins after the date the comptroller receives:
(1)  a certified copy of an order adding the territory or of an order canvassing the returns and declaring the result of the election;  and
(2)  a map of the authority showing clearly the territory added.
(b)  The presiding officer of the executive committee shall send the order and map required under Subsection (a) to the comptroller by certified or registered mail.
(c)  The order must include the effective date of the tax.
(d)  The comptroller may delay implementation of the sales and use tax in the added territory for one calendar quarter by notifying the presiding officer of the executive committee before the 11th day after the date on which the comptroller receives the order and map under this section that the comptroller requires more time.  If implementation is delayed, the tax takes effect on the first day of the second calendar quarter that begins after the date on which the comptroller receives the order and map.  This subsection does not apply to an authority created by a contiguous municipality.
(e)  On the date of annexation of territory to a subregional authority created by a contiguous municipality, a tax imposed by the authority takes effect in the added territory.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.651. Withdrawal of Unit of Election

Sec. 452.651.  WITHDRAWAL OF UNIT OF ELECTION.  (a)  The governing body of a unit of election may order an election to withdraw the unit from an authority.  An election ordered under this subsection for a unit of election located in an authority consisting of one subregion governed by a subregional board created under Subchapter O  may not be held if the governing body rescinds the order and notice of the election before the 45th day before election day.  The governing body shall promptly give notice of the rescission in the same manner as the notice of election given under Section 452.655.
(b)  On the determination by a governing body of a unit of election that a petition for withdrawal under this chapter is valid, the governing body shall order an election to withdraw the unit of election from the authority.
(c)  An election to withdraw may not be ordered, and a petition for an election to withdraw may not be accepted for filing, more frequently than once during each period of 12 months preceding the anniversary of the date of the election confirming the authority.  If the unit of election is located in an authority consisting of one subregion governed by a subregional board created under Subchapter O, an election for withdrawal of the unit of election under this section may not be ordered, and a petition for withdrawal may not be accepted, more frequently than once during 1996 and during each sixth calendar year after that year.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.653. Review of Petition

Sec. 452.653.  REVIEW OF PETITION.  (a)  The secretary, clerk, or administrator of a unit of election in which a petition for withdrawal from an authority is filed shall examine the petition and file with the governing body of the unit a report stating whether the petition, in the opinion of the secretary, clerk, or administrator, is valid.
(b)  On receipt of a petition and a report under Subsection (a), the governing body shall examine the petition to determine whether the petition is valid.  The governing body may hold public hearings and conduct or order investigations as appropriate to make the determination.  The governing body's determination is conclusive of the issues.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.654. Invalid Petition

Sec. 452.654.  INVALID PETITION.  (a)  The governing body of a unit of election that receives an invalid petition shall reject the petition.
(b)  A petition that is rejected is void and the petition and each sheet of the rejected petition may not be used in connection with a subsequent petition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.655. Election

Sec. 452.655.  ELECTION.  (a)  Except as provided by Subsection (b), an election to withdraw from an authority ordered under this subchapter must be held on the first applicable uniform election date occurring after the expiration of 12 calendar months after the date on which the governing body orders the election.
(b)  A unit of election that is located in an authority consisting of one subregion governed by a subregional board created under Subchapter O  shall hold the election on the applicable first uniform election date occurring after the expiration of 45 days after the date the governing body orders the election.
(c)  The governing body shall give notice of the election to the executive committee of the authority, the Texas Department of Transportation, and the comptroller immediately on calling the election.
(d)  At the election the ballot shall be printed to provide for voting for or against the proposition:  "Shall the (name of authority) be continued in (name of unit of election)?"
(e)  The election shall be held in the regular precincts and at the regular voting places.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle K - Mass Transportation › Chapter 452 - Regional Transportation Authorities › Subchapter Q. Withdrawal of Territory From Authority; Dissolution › Section 452.656. Result of Withdrawal Election

Sec. 452.656.  RESULT OF WITHDRAWAL ELECTION.  (a)  If a majority of the votes received on the measure in an election held under Section 452.655 favor the proposition, the authority continues in the unit of election.
(b)  If less than a majority of the votes received on the measure in the election favor the proposition, the authority ceases in the unit of election on the day after the date of the canvass of the election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.