Texas Transportation Code - Section 284.008. Powers Of Commission
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§ 284.008. POWERS OF COMMISSION. (a) The commission may:
(1) provide for and contribute toward the acquisition,
construction, improvement, operation, maintenance, or pooling of a
project under this chapter and under terms to which the commission
and the local government corporation or county agree that are
consistent with the rights of bondholders or a person operating the
project under a lease or other contract;
(2) lease a project under terms:
(A) to which the county or local government
corporation acting under this chapter and the commission agree;
and
(B) that are consistent with the bond instrument;
and
(3) declare any part of a project under this chapter to
be a part of the state highway system and operate any part of a
project as part of the state highway system, to the extent that
property and contract rights in the project and bonds are not
affected unfavorably.
(b) Sections 222.031 and 284.003 do not limit the
commission's authority to:
(1) operate or maintain a project under this chapter;
or
(2) contribute to the cost of acquisition,
construction, improvement, maintenance, operation, or pooling of a
project as provided by Subsection (a).
(c) Except as provided by Subsection (d), a project becomes
a part of the state highway system and the commission shall maintain
the project without tolls when:
(1) all of the bonds and interest on the bonds that are
payable from or secured by revenues of the project have been paid;
or
(2) a sufficient amount for the payment of all bonds
and the interest on the bonds to maturity has been set aside in a
trust fund held for the benefit of the bondholders.
(d) Before construction on a project under this chapter
begins, a county may request that the commission adopt an order
stating that the project will not become part of the state highway
system under Subsection (c). If the commission adopts the order:
(1) Section 362.051 does not apply to the project;
(2) the project must be maintained by the county; and
(3) the project will not become part of the state
highway system unless the county transfers the project under
Section 284.011.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2005, 79th Leg., ch. 281, § 2.49, eff. June 14, 2005.
Section: 284.001 284.002 284.003 284.004 284.005 284.006 284.007 284.008 284.011 284.011 284.012 284.031 284.032 284.033 284.034
Last modified: August 10, 2007
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