Texas Transportation Code - Section 284.011. Conveyance Of Ferry Connecting State Highways
Legal Research Home >
Texas Lawyer > Transportation Code > Texas Transportation Code - Section 284.011. Conveyance Of Ferry Connecting State Highways
§ 284.011. CONVEYANCE OF FERRY CONNECTING STATE
HIGHWAYS.
Text of section as added by Acts 2005, 79th Leg., ch. 877, § 4
(a) The commission by order may convey a ferry operated
under Section 342.001 to a county or local government corporation
incorporated under Chapter 431 in a county to which this chapter
applies if:
(1) the commission determines that the proposed
conveyance is an integral part of the region's overall plan to
improve mobility in the region;
(2) the county or local government corporation:
(A) agrees to the conveyance; and
(B) agrees to assume all liability and
responsibility for the maintenance and operation of the ferry on
its conveyance; and
(3) a majority of the voters in the municipality in
which the ferry is located, voting in an election held for that
purpose, approve the conveyance.
(b) A county or local government corporation shall
reimburse the commission for the cost of a conveyed ferry unless the
commission determines that the conveyance will result in a
substantial net benefit to the state, the department, and the
traveling public that equals or exceeds that cost.
(c) In computing the cost of the ferry, the commission
shall:
(1) include the total amount spent by the department
for the original construction of the ferry, including the costs
associated with the preliminary engineering and design engineering
for plans, specifications, and estimates, the acquisition of
necessary rights-of-way, and actual construction of the ferry and
all necessary appurtenant facilities; and
(2) consider the anticipated future costs of
expanding, improving, maintaining, or operating the ferry to be
incurred by the county or local government corporation and not by
the department if the ferry is conveyed.
(d) The commission shall, at the time the ferry is conveyed,
remove the ferry from the state highway system. After a conveyance,
the commission has no liability or responsibility for the
maintenance or operation of the ferry.
(e) Before conveying a ferry that is a part of the state
highway system under this section, the commission shall conduct a
public hearing at which interested persons shall be allowed to
speak on the proposed conveyance. Notice of the hearing must be
published in the Texas Register and in one or more newspapers of
general circulation in the county in which the ferry is located.
(f) The commission shall adopt rules to implement this
section. The rules must include criteria and guidelines for the
approval of a conveyance of a ferry.
(g) A county or local government corporation shall
establish criteria and guidelines for approval of the conveyance of
a ferry under this section.
(h) A county or local government corporation may
temporarily charge a toll for use of a ferry conveyed under this
section to pay the costs necessary for an expansion of the ferry and
may permanently charge a toll for use of ferry facilities that are
an expansion of the ferry conveyed under this section.
(i) The commission may not convey a ferry under this section
if any of the docking facilities used by the ferry are located in a
municipality with a population of 8,000 or less unless the
governing body of the municipality approves the conveyance.
(j) The governing body of the municipality in which the
ferry is located shall order an election held on the approval of a
conveyance under this section.
Added by Acts 2005, 79th Leg., ch. 877, § 4, eff. June 17, 2005.
For text of section as added by Acts 2005, 79th Leg., ch. 281, §
2.50, see § 284.011, ante.
Section: 284.003 284.004 284.005 284.006 284.007 284.008 284.011 284.011 284.012 284.031 284.032 284.033 284.034 284.035 284.036
Last modified: August 10, 2007
|
