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- Texas Transportation Code Section 1.001 - Purpose Of Code
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
- Texas Transportation Code Section 1.002 - Construction Of Code
Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...
- Texas Transportation Code Section 1.003 - Reference In Law To Statute Revised By Code
A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to ...
- Texas Transportation Code Section 1.004 - Definition
In this code, "Department of Public Safety" means the Department of Public Safety of the State of Texas. Acts 1995, 74th Leg., ch. 165, § ...
- Texas Transportation Code Section 5.001 - Duties, Liabilities, And Remedies Of Carrier
(a) Unless otherwise provided by this code or other law: (1) the duties and liabilities of a carrier in this state and the remedies against ...
- Texas Transportation Code Section 5.003 - Liability Of Carrier Of Household Goods
(a) A carrier of household goods, as defined by 49 U.S.C. Section 10102, is not required to accept for transportation household goods unless the shipper ...
- Texas Transportation Code Section 5.004 - Requirement To Receive And Carry Goods
(a) On the tender of the legal or customary rate for goods offered for transportation, a common carrier, other than a railroad, shall receive and ...
- Texas Transportation Code Section 5.005 - Bill Of Lading Or Receipt; Condition Of Transported Goods
(a) A common carrier receiving goods for transportation shall, when requested, give the shipper a bill of lading or written receipt stating the quantity, character, ...
- Texas Transportation Code Section 5.006 - Liability As Warehouseman Or Common Carrier
(a) A common carrier having a depot or warehouse is liable, as is a warehouseman at common law, for any goods stored at the depot ...
- Texas Transportation Code Section 5.007 - Priority Of Shipment Of Stored Goods
(a) A common carrier that receives goods for transportation in its warehouse or depot shall transport the goods in the order received. (b) A common ...
- Texas Transportation Code Section 5.008 - Care Of Livestock
(a) Unless otherwise provided by special contract, a common carrier transporting livestock shall feed and water the animals until the animals are: (1) delivered to ...
- Texas Transportation Code Section 6.001 - Sale Of Freight Or Baggage
(a) A common carrier may sell at public auction freight or baggage that it conveyed to any point in this state if the owner, whether ...
- Texas Transportation Code Section 6.002 - Notice Of Sale Of Freight Or Baggage
(a) Before selling the freight or baggage at auction, the common carrier must provide notice 30 days before the sale. (b) The notice must: (1) ...
- Texas Transportation Code Section 6.003 - Disposition Of Proceeds
(a) The common carrier shall: (1) deduct charges due on freight or baggage, including the cost of storage and sale, from the proceeds of the ...
- Texas Transportation Code Section 6.004 - Sale Of Livestock
(a) A common carrier may sell at public auction livestock that is unclaimed for 48 hours after arrival at its destination if the carrier gives ...
- Texas Transportation Code Section 6.005 - Sale Of Perishable Property
(a) A common carrier may sell at public auction perishable property that is unclaimed after arrival at its destination if: (1) the property is in ...
- Texas Transportation Code Section 6.006 - Information Kept By Carrier
A common carrier shall keep for each sale under this chapter: (1) an account of the sale; (2) expenses allocated to each article sold; (3) ...
- Texas Transportation Code Section 7.001 - Definitions
In this chapter: (1) "Connecting carrier" means: (A) an initial carrier; or (B) each other common carrier that receives freight from another common carrier and ...
- Texas Transportation Code Section 7.002 - Duties Of Connecting Carrier
Each connecting carrier that transports freight is: (1) an agent of each other connecting carrier that transports the freight; and (2) considered to be under ...
- Texas Transportation Code Section 7.003 - Contract Governing Transportation
(a) Except as provided by Subsection (b), the contract establishing the rights, duties, and liabilities of an initial carrier and the shipper applies to each ...
- Texas Transportation Code Section 7.004 - Proof Of Status As Connecting Carrier
Proof that a common carrier has received freight from another common carrier for transportation, including a bill of lading, waybill, receipt, check, or other instrument ...
- Texas Transportation Code Section 7.005 - Application Of Chapter
(a) A provision in a contract that is contrary to this chapter is void. (b) This chapter applies regardless of whether the route of freight ...
- Texas Transportation Code Section 7.006 - Recovery Of Damages
(a) A person who suffers damages because of injury to or loss of freight or delay in transporting freight may recover from the initial carrier ...
- Texas Transportation Code Section 8.001 - Issuance Of Proclamation
(a) The governor shall issue a proclamation under this chapter, to prevent interference with commerce, if after investigation the governor determines that: (1) the movement ...
- Texas Transportation Code Section 8.002 - Effect Of Proclamation
(a) On the issuance of a proclamation under this chapter, the governor shall exercise complete police jurisdiction over the territory described by the proclamation. The ...
- Texas Transportation Code Section 8.003 - Arrests
(a) After a proclamation issued under this chapter takes effect, only a peace officer acting under the authority of the governor may make an arrest ...
- Texas Transportation Code Section 8.004 - Use Of Texas Rangers
(a) The governor may use the Texas Rangers to enforce this chapter. (b) If a sufficient number of Texas Rangers are not available, the governor ...
- Texas Transportation Code Section 8.005 - Effect On Declaration Of Martial Law
(a) A declaration of martial law is not required for the implementation of this chapter. (b) This chapter does not limit the authority of the ...
- Texas Transportation Code Section 20.001 - Certain Carriers Exempt From Gross Receipts Taxes
A motor bus carrier or motor carrier transporting persons or property for hire is exempt from any occupation tax measured by gross receipts imposed by ...
- Texas Transportation Code Section 20.002 - School Fund Benefit Fee On Diesel Fuel Used By Certain Motor Vehicles
(a) In this section, "commercial motor vehicle" has the meaning assigned by Section 548.001. (b) This section applies to a person, other than a political ...
- Texas Transportation Code Section 21.001 - Definitions
In this chapter: (1) "Aeronautics" means: (A) the art and science of flight of aircraft; (B) aviation; (C) the operation, navigation, piloting, maintenance, and construction ...
- Texas Transportation Code Section 21.002 - Aviation Division
The powers and duties granted to the department by this chapter or by other law related to aviation shall be performed, under the direction of ...
- Texas Transportation Code Section 21.003 - Aviation Advisory Committee
(a) The aviation advisory committee consists of six members appointed by the commission to advise the commission and the department on aviation matters. (b) A ...
- Texas Transportation Code Section 21.004 - Texas Aviation Operating Account
(a) The Texas aviation operating account is an account in the state highway fund. (b) The department shall deposit all money received from the sale ...
- Texas Transportation Code Section 21.005 - Suit Against Department
(a) An interested party who is adversely affected by an act, decision, rate, charge, order, or rule adopted by the department and who fails to ...
- Texas Transportation Code Section 21.006 - Safe Aircraft Operation
(a) An aircraft operated in the state shall be operated safely. (b) An aircraft is operated safely if the operation complies with the United States ...
- Texas Transportation Code Section 21.051 - Aeronautic Development
The department and the director shall encourage and assist the development of aeronautics in this state. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 21.052 - Cooperation With Other Entities In Aeronautic Development
The department and the director may: (1) cooperate with or assist the United States, a governmental subdivision of this state, or a person engaged in ...
- Texas Transportation Code Section 21.053 - Governmental Subdivision Cooperation In Aeronautic Development
A governmental subdivision may cooperate with the department in the development of aeronautics. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 21.054 - Authority To Contract
(a) The department may contract as necessary or advisable to execute its powers under this chapter. (b) The department may not enter an agreement that ...
- Texas Transportation Code Section 21.055 - Grant Or Gift With Prescribed Purpose
The department may accept from any person a grant or gift of money or property for which the person has prescribed a particular use for ...
- Texas Transportation Code Section 21.056 - Record Of Grant Or Gift
The department shall maintain in its office a record of money, property, or a grant given to the department under this chapter. Acts 1995, 74th ...
- Texas Transportation Code Section 21.057 - Use Of Grant Or Gift According To Terms
The department shall use money, property, or a grant given to the department under this chapter according to the terms of the grant or gift. ...
- Texas Transportation Code Section 21.058 - Expenditure Of Grants Or Gifts Of Money
The department may not spend a grant or money given to the department unless the expenditure is authorized by order of the commission. Acts 1995, ...
- Texas Transportation Code Section 21.059 - Gifts Of Land
To develop aeronautics for the common good and safety of the residents of the state or to provide for catastrophe, disaster, or state or national ...
- Texas Transportation Code Section 21.060 - Jurisdiction, Administration, And Leasing Of Land, Navigational Aids, Or Facilities
(a) The department has jurisdiction over and shall administer land given to the department. (b) The department may: (1) exercise jurisdiction over and administer navigational ...
- Texas Transportation Code Section 21.061 - Funding Construction Of Facilities And Improvements
(a) The department may construct on land given to the department an improvement, facility, or navigational aid that the department determines is necessary or advisable. ...
- Texas Transportation Code Section 21.062 - Lease Of Land Or Improvement
(a) The department may lease land given to the department or an improvement on the land to any person if the department finds after investigation ...
- Texas Transportation Code Section 21.063 - Terms Of Lease Of Land Or Improvement
(a) A lease of land given to the department or a lease of an improvement on the land must provide that: (1) the lessee shall ...
- Texas Transportation Code Section 21.064 - Reports And Information
(a) The department may report to an appropriate agency of another state or of the United States that a proceeding has been instituted that charges ...
- Texas Transportation Code Section 21.065 - Aeronautical Education Programs And Flight Clinics
(a) The department may: (1) organize and administer an aeronautical education program in colleges and schools of this state and for the public; and (2) ...
- Texas Transportation Code Section 21.066 - Aeronautical Publications
(a) The department may issue aeronautical publications as required in the public interest. (b) The department shall charge a fee sufficient to recover the cost ...
- Texas Transportation Code Section 21.067 - Texas Airport Directory
(a) The department may: (1) issue the Texas Airport Directory; (2) sell advertising in the directory; and (3) advertise the sale of the directory in ...
- Texas Transportation Code Section 21.068 - Engineering And Technical Services
(a) The department may provide engineering or technical services to any person in connection with aeronautical activities, including the planning, acquisition, construction, improvement, maintenance, or ...
- Texas Transportation Code Section 21.069 - State Airport In Central Texas
(a) The department, in consultation with the State Aircraft Pooling Board, shall establish a state airport in Central Texas that is open to the general ...
- Texas Transportation Code Section 21.070 - Marking Of Wireless Communication Facility
(a) In this section: (1) "Cultivated field" means any open space or pasture larger than five acres in which a plant or tree nursery is ...
- Texas Transportation Code Section 21.101 - Financial Assistance For Construction And Repair Of Aviation Facilities
(a) The department may loan or grant money to a state agency with a governing board authorized to operate an airport or to a governmental ...
- Texas Transportation Code Section 21.102 - Loan Preferred
The department shall: (1) make a loan instead of a grant whenever feasible under this subchapter; and (2) carefully consider making a loan instead of ...
- Texas Transportation Code Section 21.103 - Commission Vote Required For Grant Or Loan
Under this subchapter, the commission may not make: (1) a grant unless two-thirds of the entire commission votes in favor of the grant; or (2) ...
- Texas Transportation Code Section 21.104 - Revolving Loan Fund
The department shall: (1) place the principal and interest derived from a loan in a revolving loan fund; and (2) administer the fund for future ...
- Texas Transportation Code Section 21.105 - Requirements For Loan Or Grant
(a) The commission may not approve a loan that bears interest of less than three percent annually or that has a term that exceeds 20 ...
- Texas Transportation Code Section 21.106 - Priorities For Financial Assistance
The commission, with the advice of the aviation advisory committee, shall establish and maintain a method for determining priorities among locations and projects eligible to ...
- Texas Transportation Code Section 21.107 - Aviation Facilities Development Program
(a) The commission, with the advice of the aviation advisory committee, through the preparation and adoption of an aviation facilities development program, shall provide for ...
- Texas Transportation Code Section 21.108 - Aviation Facilities Capital Improvement Program
(a) The commission, with the advice of the aviation advisory committee, shall prepare a multiyear aviation facilities capital improvement program. (b) The aviation facilities capital ...
- Texas Transportation Code Section 21.109 - Review And Revision Of Aviation Facilities Capital Improvement Program
The commission, with the advice of the aviation advisory committee, shall: (1) periodically review the capital improvement program to determine the need to: (A) revise ...
- Texas Transportation Code Section 21.110 - Aviation Facilities Capital Improvement Program; Budget Preparation
The department shall consider the aviation facilities capital improvement program in preparing the department's biennial budget request to the legislature. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 21.111 - Public Hearing
(a) The commission or the commission's authorized representative shall hold a public hearing before approving any financial assistance under this subchapter, except as provided by ...
- Texas Transportation Code Section 21.1115 - Emergency Loan Or Grant
(a) In an emergency, the director or the director's designee may award a loan or grant without holding a public hearing under rules adopted by ...
- Texas Transportation Code Section 21.112 - Expenditure Of Air Facility Construction Money By State Governmental Entities
A governmental entity that receives money from the department to establish, construct, reconstruct, enlarge, or repair an airport, airstrip, or air navigational facility shall spend ...
- Texas Transportation Code Section 21.113 - Airport Hazard Zoning Ordinance Required
The department may not pay the final 10 percent of its share of project costs under a grant until the sponsor has enacted an airport ...
- Texas Transportation Code Section 21.114 - Agent For Federal Funds
(a) The department is the agent of the state and of each political subdivision of the state for the purpose of applying for, receiving, and ...
- Texas Transportation Code Section 21.151 - Investigation, Inquiry, Or Hearing
(a) The department may conduct an investigation, inquiry, or hearing concerning a matter covered by this chapter or a rule or order of the department. ...
- Texas Transportation Code Section 21.152 - Conduct Of Investigation, Inquiry, Or Hearing
A member of the commission, the director, or an officer or employee of the department who has been designated by the commission to hold an ...
- Texas Transportation Code Section 21.153 - Noncompliance With Subpoena Or Order
(a) If a person fails to comply with a subpoena or order issued under Section 21.152, the department shall notify the attorney general. (b) The ...
- Texas Transportation Code Section 21.154 - Civil Penalty
(a) A person, including an officer, agent, servant, or employee of a corporation, is liable for a civil penalty if the person: (1) violates this ...
- Texas Transportation Code Section 21.155 - Injunctive Relief
(a) A district court of a county in which a violation of this chapter or a rule, order, or decree of the department under this ...
- Texas Transportation Code Section 21.156 - Enforcement Of Chapter
(a) The department may enforce this chapter by revoking or suspending a lease or permit. (b) The department shall notify the attorney general of a ...
- Texas Transportation Code Section 21.157 - Cooperation With United States In Law Enforcement
The department shall work with agencies of the United States in enforcing the statutes, directives, rules, and regulations of the United States. Acts 1995, 74th ...
- Texas Transportation Code Section 22.001 - Definitions
In this chapter: (1) "Air navigation facility" means: (A) a facility, other than one owned and operated by the United States, used in or available ...
- Texas Transportation Code Section 22.002 - Public Purpose; County Or Municipal Purpose
(a) Subject to Chapter 101, Civil Practice and Remedies Code, the following functions are public and governmental functions, exercised for a public purpose, and matters ...
- Texas Transportation Code Section 22.003 - Interpretation And Construction
This chapter shall be interpreted to make uniform as far as possible the laws and regulations of this state, other states, and the United States ...
- Texas Transportation Code Section 22.011 - General Powers Regarding Airports And Air Navigation Facilities
(a) A local government may plan, establish, construct, improve, equip, maintain, operate, regulate, protect, and police an airport or air navigation facility in or outside: ...
- Texas Transportation Code Section 22.012 - Financing Of Airport Facilities
Under Section 52-a, Article III, Texas Constitution, a local government may finance facilities to be located on airport property, other than those described by Section ...
- Texas Transportation Code Section 22.013 - Establishment Of Airports On Public Waters
For the purposes of this chapter, a local government may: (1) establish, acquire, or maintain, in or bordering the territory of the local government, an ...
- Texas Transportation Code Section 22.014 - Rules And Jurisdiction
(a) A local government may adopt ordinances, resolutions, rules, and orders necessary to manage, govern, and use an airport or air navigation facility under its ...
- Texas Transportation Code Section 22.015 - Enforcement Of Rules
To enforce an ordinance, resolution, rule, or order adopted under Section 22.014(a), a local government, by ordinance or resolution as appropriate, may appoint airport guards ...
- Texas Transportation Code Section 22.016 - Relationship To Zoning
This chapter does not: (1) authorize a local government to adopt an ordinance, resolution, rule, or order that establishes zones or otherwise regulates the height ...
- Texas Transportation Code Section 22.017 - Delegation Of Authority To Officer, Board, Or Agency
(a) The governing body of a local government by resolution may delegate to an officer, board, or other local governmental agency any power granted by ...
- Texas Transportation Code Section 22.018 - Designation Of Texas Department Of Transportation As Agent In Contracting And Supervising
(a) A local government may designate the Texas Department of Transportation as its agent in contracting for and supervising the planning, acquiring, constructing, improving, equipping, ...
- Texas Transportation Code Section 22.019 - Contracts
A local government may enter into a contract necessary to the execution of a power granted the local government and for a purpose provided by ...
- Texas Transportation Code Section 22.020 - Operation Of Airport By Another
(a) A local government, by contract, lease, or other arrangement, on a consideration fixed by the local government and for a term not to exceed ...
- Texas Transportation Code Section 22.021 - Use Of Airport By Another
(a) In operating an airport or air navigation facility that it owns, leases, or controls, a local government may enter into a contract, lease, or ...
- Texas Transportation Code Section 22.022 - Duration Of Certain Leases
(a) A lease of real property may not exceed 40 years if: (1) the lease is made under Section 22.011(c) or (d), Section 22.020, or ...
- Texas Transportation Code Section 22.023 - Liens
A local government has a lien on personal property to enforce the payment of a charge for repairs or improvements to, or the storage or ...
- Texas Transportation Code Section 22.024 - Disposal Of Airport Property By Local Government
(a) A local government may dispose of an airport or air navigation facility or other property, or a portion of or interest in property, acquired ...
- Texas Transportation Code Section 22.025 - Limitation On Design And Operation Of Air Navigation Facilities
An air navigation facility established or operated by a local government shall be supplementary to and coordinated in design and operation with those established and ...
- Texas Transportation Code Section 22.026 - Noise Abatement
(a) The governing body of a municipality that owns an airport and is a party to an executory grant agreement with the Federal Aviation Administration ...
- Texas Transportation Code Section 22.027 - Municipal Permission For Ground Transportation; Offense
(a) In this section, "ground transportation business" means the transportation by motor vehicle of persons or baggage for compensation, and includes transportation by a bus ...
- Texas Transportation Code Section 22.051 - Taxation
(a) The governing body of a local government may impose an annual property tax not to exceed five cents on each $100 valuation to improve, ...
- Texas Transportation Code Section 22.052 - Bonds
(a) A local government may pay wholly or partly from the proceeds of the sale of bonds the cost of planning, acquiring, establishing, constructing, improving, ...
- Texas Transportation Code Section 22.053 - Time Warrants
(a) The commissioners court of a county with a population of 15,000 to 15,250 may issue time warrants to: (1) condemn or purchase land to ...
- Texas Transportation Code Section 22.054 - Application Of Airport Revenue And Sale Proceeds
A local government shall deposit the revenue received by the local government from the ownership, control, or operation of an airport or air navigation facility, ...
- Texas Transportation Code Section 22.055 - Federal And State Aid; Other Grants And Loans
(a) A local government may accept, give a receipt for, disburse, and spend money from grants and loans for any of the purposes of this ...
- Texas Transportation Code Section 22.071 - Definitions
In this subchapter: (1) "Constituent agency" means a public agency that is a party to an agreement under Section 22.072 to act jointly under this ...
- Texas Transportation Code Section 22.072 - Joint-Action Agreement
(a) Two or more public agencies may enter into an agreement with each other for joint action under this chapter. Concurrent action by ordinance, resolution, ...
- Texas Transportation Code Section 22.073 - Additional Authorization
A power or privilege granted to a local government by this chapter may be exercised jointly with a public agency of another state or the ...
- Texas Transportation Code Section 22.074 - Joint Board
(a) Public agencies acting jointly under this subchapter shall create a joint board consisting of members appointed by the governing authority of each participating public ...
- Texas Transportation Code Section 22.0745 - Nonconstituent Municipality Representation On Joint Board
(a) In this section, "nonconstituent municipality" means a municipality that has territory within the boundaries of an airport that is governed by a joint board ...
- Texas Transportation Code Section 22.075 - Acquisition Of Property By Populous Home-Rule Municipalities
(a) A joint board for which the constituent agencies are populous home-rule municipalities may not acquire in fee simple property in a municipality to enlarge ...
- Texas Transportation Code Section 22.076 - Treatment Of Hazardous Waste Prohibited
(a) A joint board may not construct a facility to treat hazardous waste as defined by Section 361.003, Health and Safety Code, in an area ...
- Texas Transportation Code Section 22.077 - Certain Activities Near Airport Boundaries Prohibited
(a) A joint board for which the constituent agencies are populous home-rule municipalities may not begin construction in a prohibited area of any of the ...
- Texas Transportation Code Section 22.078 - Intergovernmental Agreement With Political Subdivision
A joint board for which the constituent agencies are populous home-rule municipalities may make an intergovernmental agreement with a political subdivision of the state. Acts ...
- Texas Transportation Code Section 22.0781 - Revenue Sharing Agreement With Municipality
(a) A municipality, a joint board for which the constituent agencies are populous home-rule municipalities, and the constituent agencies may make an agreement under which ...
- Texas Transportation Code Section 22.079 - Budget
On or before December 1 of each year, the governing authority of each constituent agency of a joint board shall approve a budget determining the ...
- Texas Transportation Code Section 22.080 - Acquisition And Disposal Of Property
(a) A joint board may not, without the consent of each governing authority of the board's constituent agencies: (1) acquire an airport, air navigation facility, ...
- Texas Transportation Code Section 22.081 - Taxicab Licensing
A joint board may license taxicabs transporting passengers to or from the airport and impose fees for issuing the licenses. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 22.0815 -
(a) In this section, "ground transportation business" means the transportation by motor vehicle of persons or baggage for compensation. (b) A person commits an offense ...
- Texas Transportation Code Section 22.082 - Rules
A resolution, rule, or order of a joint board dealing with a subject authorized by Section 22.014 or 22.081 is effective only on approval of ...
- Texas Transportation Code Section 22.083 - Joint Fund
(a) Each constituent agency shall deposit in a joint fund created and maintained to provide the joint board with money for expenditures necessary to carry ...
- Texas Transportation Code Section 22.084 - Airport Revenue And Revenue Bond Proceeds; Contracting Opportunities For Minority- And Women-Owned Businesses
(a) If constituent agencies or a nonprofit corporation created under Section 22.152 issues revenue bonds to finance the construction or acquisition of a facility or ...
- Texas Transportation Code Section 22.085 - Insurance
(a) A joint board, through self-insurance, purchased insurance, or both, may insure the joint board and its contractors and subcontractors against liability arising from the ...
- Texas Transportation Code Section 22.086 - Acceptance Of Credit Cards
A joint board may: (1) accept credit cards in payment of fees for all or certain categories of services provided by or on behalf of ...
- Texas Transportation Code Section 22.087 - Use Of Terminal Facilities By Manufacturers And Concessionaires
A joint board may: (1) use the property, including terminal buildings, of a jointly owned airport to display, demonstrate, market, and sell aircraft and aircraft-related, ...
- Texas Transportation Code Section 22.088 - Expenditure Of Bond Revenue By Joint Board Without Competitive Bidding
(a) A joint board may spend or agree to spend the proceeds of revenue bonds under its control to acquire and install furniture, fixtures, and ...
- Texas Transportation Code Section 22.089 - Airport Revenue Of Nonconstituent Municipalities
(a) In this section: (1) "Airport revenue" means revenue that is not already pledged or dedicated for another purpose and is received by a nonconstituent ...
- Texas Transportation Code Section 22.090 - Retail Development Within Airport Boundaries In Nonconstituent Municipality
Text of section effective until Aug. 31, 2021. (a) A person may not develop a retail establishment in an area of a nonconstituent municipality, as ...
- Texas Transportation Code Section 22.151 - Definitions
The definitions in Subchapter D apply to this subchapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 22.152 - Nonprofit Airport Facility Financing Corporations
(a) The public agencies, by concurrent order, ordinance, or resolution, may authorize the incorporation of a nonprofit airport facility financing corporation under this chapter to ...
- Texas Transportation Code Section 22.153 - Approval Of Articles Of Incorporation; Appointment Of Board Of Directors
(a) The concurrent order, ordinance, or resolution of the constituent agencies authorizing incorporation of the nonprofit airport facility financing corporation must approve the articles of ...
- Texas Transportation Code Section 22.154 - Incorporation
A nonprofit airport facility financing corporation may be incorporated under this chapter by filing its articles of incorporation with the secretary of state in the ...
- Texas Transportation Code Section 22.155 - Bylaws
The joint board under whose authority the jointly owned airport is operated shall approve or prescribe the bylaws of the corporation. The bylaws may prescribe ...
- Texas Transportation Code Section 22.156 - Applicable Laws
The corporation has the powers granted by this chapter, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), and all other ...
- Texas Transportation Code Section 22.157 - Bonds
(a) A nonprofit airport facility financing corporation may provide financing for the purposes described by Section 22.152(a) by issuing bonds, notes, or other forms of ...
- Texas Transportation Code Section 22.158 - Earnings
(a) No part of a nonprofit airport facility financing corporation's net earnings remaining after payment of its expenses and other obligations may benefit an individual, ...
- Texas Transportation Code Section 22.159 - Alteration Or Termination Of Corporation
The constituent agencies that authorize the incorporation of a nonprofit airport facility financing corporation may alter the structure, organization, programs, or activities of the corporation ...
- Texas Transportation Code Section 22.901 - Disposal Of Abandoned Aircraft
(a) A local government that is unable to determine the ownership of an aircraft that has been located for more than 90 days at an ...
- Texas Transportation Code Section 23.001 - Establishment Of Airport Security Force
The governing body of a political subdivision that operates an airport served by an air carrier certificated by the Civil Aeronautics Board or the United ...
- Texas Transportation Code Section 23.002 - Commissioning Of Employees As Peace Officers
(a) The governing body may commission an employee of an airport security force established under this chapter as a peace officer, subject to Subchapter C, ...
- Texas Transportation Code Section 23.003 - Authority Of Employees Commissioned As Peace Officers
A peace officer commissioned under this chapter has the rights, privileges, and duties of a peace officer only while on property under the control of ...
- Texas Transportation Code Section 24.001 - Definitions
In this subchapter: (1) "Aircraft" means a device that is invented, used, or designated for air navigation or flight, other than a parachute or other ...
- Texas Transportation Code Section 24.002 - Application
This subchapter does not apply to an aircraft owned by and used exclusively in the service of the federal or state government. Acts 1995, 74th ...
- Texas Transportation Code Section 24.003 - Operation Of Aircraft Without Airman Certificate; Offense
(a) A person commits an offense if the person: (1) navigates an aircraft in this state without an airman certificate; or (2) serves as an ...
- Texas Transportation Code Section 24.004 - Inspection Of Airman Certificate
A person holding an airman certificate shall keep the certificate in the person's possession when the person is operating an aircraft within this state or ...
- Texas Transportation Code Section 24.005 - Aircraft Licensure And Registration
A person may not navigate an aircraft in this state, whether for commercial, pleasure, or noncommercial purposes, unless the aircraft is licensed and registered in ...
- Texas Transportation Code Section 24.011 - Failure To Register Aircraft; Offense
(a) A person commits an offense if the person operates or navigates an aircraft that the person knows is not properly registered under Federal Aviation ...
- Texas Transportation Code Section 24.012 - Aircraft Identification Numbers; Offense
(a) The failure to have the aircraft identification numbers clearly displayed on an aircraft in compliance with federal aviation regulations is probable cause for a ...
- Texas Transportation Code Section 24.013 - Aircraft Fuel Containers; Offense
(a) A person commits an offense if the person operates or intends to operate an aircraft equipped with: (1) a fuel container that the person ...
- Texas Transportation Code Section 24.021 - Taking Off, Landing, Or Maneuvering Aircraft On Highways, Roads, Or Streets; Offense
(a) A person commits an offense if the person takes off, lands, or maneuvers an aircraft, whether heavier or lighter than air, on a public ...
- Texas Transportation Code Section 24.022 - Use Of Aircraft On County Roads
(a) A commissioners court of a county may enact ordinances to ensure the safe use of county roads by aircraft. An ordinance may: (1) limit ...
- Texas Transportation Code Section 26.001 - Definitions
In this chapter: (1) "Aquatic aircraft" means a seaplane, floatplane, or similar aircraft that is capable of taking off and landing on water. (2) "Department" ...
- Texas Transportation Code Section 26.002 - Application
This chapter applies to all navigable bodies of water of this state other than a navigable body of water that the federal government owns, controls, ...
- Texas Transportation Code Section 26.003 - Regulation Prohibited
(a) Except as provided by Subsection (b), a governmental entity that owns, controls, or has jurisdiction over a navigable body of water may not in ...
- Texas Transportation Code Section 26.004 - Rules
The department shall adopt rules to implement and administer this chapter, including rules specifying how notice shall be given of a prohibition or limitation approved ...
- Texas Transportation Code Section 51.001 - Short Title
This chapter may be cited as the Texas Coastal Waterway Act. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 51.002 - Definitions
In this chapter: (1) "Coastal marshes" means those soft, low-lying watery or wet lands and drainage areas in the coastal areas of the state that ...
- Texas Transportation Code Section 51.003 - Purpose
In recognition of the economic benefit to the state of the Gulf Coast Intracoastal Waterway, this state shall act as the nonfederal sponsor of the ...
- Texas Transportation Code Section 51.004 - Cooperation With Other Entities
(a) The commission shall cooperate with the Department of the Army, other federal and state agencies, navigation districts, port authorities, counties, and other appropriate persons ...
- Texas Transportation Code Section 51.005 - Land Acquisition
(a) The commission may acquire by gift, purchase, or condemnation property or an interest in property that the commission considers necessary to enable it to ...
- Texas Transportation Code Section 51.006 - Hearing Required Before Acquisition Of Property
(a) Before the commission approves or implements a plan or project to acquire property or an interest in property under Section 51.005 for a dredge ...
- Texas Transportation Code Section 51.007 - Evaluation And Report
(a) In cooperation with appropriate persons, the commission shall continually evaluate the impact of the Gulf Intracoastal Waterway on the state. The evaluation shall include: ...
- Texas Transportation Code Section 51.008 - School Land Board Power
This chapter does not diminish the duty or power of the School Land Board to manage the coastal public land of the state. Acts 1995, ...
- Texas Transportation Code Section 51.009 - Beneficial Use Of Dredge Material
(a) The commission, through the department, may enter into an agreement with the Department of the Army to participate in the cost of a project ...
- Texas Transportation Code Section 51.010 - Property Acquisition
The commission, through the department, may acquire an interest in property required for a project to beneficially use dredge material in the manner provided by ...
- Texas Transportation Code Section 51.011 - Hearing Required Before Participation In Project
(a) Before the department agrees to participate in the cost of a project to beneficially use dredge material that requires the acquisition of an interest ...
- Texas Transportation Code Section 51.012 - Contracts With Landowners
The commission may contract with a landowner for the use of land as a disposal site for dredged material. Added by Acts 2003, 78th Leg., ...
- Texas Transportation Code Section 51.013 - Dredged Material Disposal
The department shall condemn land for disposal of dredged material for the Laguna Madre section of the Gulf Coast Intracoastal Waterway only in accordance with ...
- Texas Transportation Code Section 51.014 - Substantive Changes To Dredged Material Disposal Plan
The department shall seek approval of the legislature for any substantive changes to dredged material disposal management made in the final Laguna Madre GIWW Dredged ...
- Texas Transportation Code Section 52.001 - Short Title
This chapter may be cited as the Texas Deepwater Port Procedures Act. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 52.002 - Definitions
In this chapter: (1) "Adjacent coastal county" means a county bordering the Gulf of Mexico that has an onshore storage facility for a deepwater port ...
- Texas Transportation Code Section 52.003 - General Administration
(a) The governor shall approve or disapprove an application made to the secretary under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) ...
- Texas Transportation Code Section 52.004 - Application: Governor's Duties
(a) On receipt of a copy of an application from the secretary, the governor shall immediately send a copy to the attorney general and the ...
- Texas Transportation Code Section 52.005 - Application To Be Filed; Fee For Duplication And Mailing
(a) A copy of the application shall be filed in the General Land Office and in the office of the county judge of the adjacent ...
- Texas Transportation Code Section 52.006 - Duties Of Attorney General And Commissioner; Fee For Duplication And Mailing
(a) Not later than the 30th day after the date of receiving a copy of the application from the governor, the attorney general shall send ...
- Texas Transportation Code Section 52.007 - Publication Of Notice
Not later than the 15th day after the date of receiving a copy of the application from the governor, the commissioner shall publish notice of ...
- Texas Transportation Code Section 52.008 - Report By Agencies
(a) Not later than the 60th day after the date of receiving a copy of the application from the commissioner, a state or local agency ...
- Texas Transportation Code Section 52.009 - Hearings
(a) The commissioner may hold a public hearing after receiving the reports required under Section 52.008. (b) If the commissioner decides to hold a public ...
- Texas Transportation Code Section 52.010 - Report By Commissioner
(a) Notwithstanding Section 52.009(f), not later than the 150th day after the date of receiving a copy of the application from the governor, the commissioner ...
- Texas Transportation Code Section 52.011 - Approval By Governor
(a) On receipt of the commissioner's report and not later than 45 days after the last public hearing held by the secretary as required by ...
- Texas Transportation Code Section 52.012 - Effect On Other Laws
This chapter does not affect the power or activities of a state or local agency and does not change or repeal the statutes regarding those ...
- Texas Transportation Code Section 54.001 - Applicability Of Chapter
This chapter applies only to a municipality that: (1) is located on: (A) the Gulf of Mexico; or (B) a channel, canal, bay, or inlet ...
- Texas Transportation Code Section 54.002 - Definitions
In this chapter: (1) "Board" means a board of trustees established under Section 54.051. (2) "Obligation" includes a bond. (3) "Port improvement or facility" means ...
- Texas Transportation Code Section 54.003 - Authority Regarding Port Improvements And Facilities
(a) A municipality that owns and operates a port may construct, acquire, lease, improve, enlarge, extend, repair, maintain, replace, develop, or operate a port improvement ...
- Texas Transportation Code Section 54.004 - Authority To Impose Tax; Election
(a) Notwithstanding any law or charter provision to the contrary, the governing body of a municipality may impose a tax at a rate not to ...
- Texas Transportation Code Section 54.005 - Applicability Of Other Law
Except to the extent that it conflicts or is inconsistent with this chapter, Subchapter B, Chapter 1502, Government Code, applies to revenue obligations issued under ...
- Texas Transportation Code Section 54.051 - Management And Control By Governing Body Or Board
(a) An ordinance authorizing the issuance of obligations under this chapter may provide that while the principal of or interest on the obligations is outstanding, ...
- Texas Transportation Code Section 54.052 - Organization And Duties Of Board
(a) An ordinance under Section 54.051 that vests management and control of a port improvement or facility in a board must: (1) specify the board ...
- Texas Transportation Code Section 54.053 - Character Of Board; General Powers
(a) A board is a body politic and corporate. (b) A board may: (1) manage, control, maintain, and operate each port improvement or facility constituting ...
- Texas Transportation Code Section 54.054 - Competitive Bidding
(a) Except as otherwise provided by this chapter, the board may award a contract involving the expenditure of more than $15,000 only by competitive bidding. ...
- Texas Transportation Code Section 54.055 - Approval By Ordinance Required For Sale Of Real Property
Notwithstanding any other provision of this chapter, a board may sell real property only if the governing body of the municipality by ordinance approves the ...
- Texas Transportation Code Section 54.101 - Definition
In this subchapter, "net revenue" means the gross revenue derived from the operation of a port improvement or facility the net revenue of which is ...
- Texas Transportation Code Section 54.102 - Authority Of Municipality To Issue Obligations
The governing body of a municipality by ordinance may issue in the name of the municipality obligations payable from taxes, revenue, or both to provide ...
- Texas Transportation Code Section 54.103 - Election
(a) Obligations payable from ad valorem taxes, other than refunding obligations, may be issued only if authorized by a majority of the qualified voters voting ...
- Texas Transportation Code Section 54.104 - Authority Of Board To Issue Obligations
(a) A board by resolution may issue in the name of the board, with the consent of the governing body of the municipality: (1) obligations ...
- Texas Transportation Code Section 54.105 - Limitation On Aggregate Amount Of Expense Warrants
The aggregate amount of expense warrants issued under Section 54.104(a)(2) that are outstanding at any time during a fiscal year may not exceed 50 percent ...
- Texas Transportation Code Section 54.106 - Maturity Of Obligation
An obligation issued under this chapter must mature not later than 40 years after its date. Added by Acts 1999, 76th Leg., ch. 227, § ...
- Texas Transportation Code Section 54.107 - Signatures
(a) An obligation issued by a municipality under this chapter must be signed by the mayor or presiding officer of the municipality and countersigned by ...
- Texas Transportation Code Section 54.108 - Sale Of Obligations
(a) Obligations issued under this chapter shall be sold at a public or private sale under terms determined by the governing body or the board ...
- Texas Transportation Code Section 54.109 - Contents Of Ordinance Or Resolution Authorizing Issuance Of Obligations Payable From Revenue
(a) The ordinance of the governing body of the municipality or the resolution of the board authorizing the issuance of obligations payable from revenue may: ...
- Texas Transportation Code Section 54.110 - Review And Approval Of Contracts Relating To Revenue Obligations
(a) If revenue obligations issued under this chapter state that they are secured in whole or in part by a pledge of the proceeds from ...
- Texas Transportation Code Section 54.111 - Security For And Payment Of Obligations Payable From Revenue
(a) Obligations issued under this chapter and payable from revenue may be secured solely by and paid from a pledge of the net revenue derived ...
- Texas Transportation Code Section 54.112 - Use Of Certain Proceeds
From the proceeds from the sale of obligations issued under this chapter, there may be appropriated or set aside: (1) an amount for the payment ...
- Texas Transportation Code Section 54.113 - Lease Or Sale Of Port Improvements And Facilities
(a) In connection with the issuance of obligations payable from revenue, a municipality or board may lease, sublease, or sell to any person, firm, corporation, ...
- Texas Transportation Code Section 54.114 - Encumbrance Of Port Improvements Or Facilities Financed By Obligations Payable From Ad Valorem Taxes
A municipality may not encumber a port improvement or facility financed by obligations payable from ad valorem taxes unless authorized at the election required by ...
- Texas Transportation Code Section 54.151 - Applicability Of Law Relating To Original Obligations
The provisions of this chapter relating to original obligations apply to refunding obligations issued under this chapter to the extent the provisions can be made ...
- Texas Transportation Code Section 54.152 - Authority To Issue Tax Refunding Obligations
The governing body of a municipality, under the procedures provided by this chapter, may issue tax obligations to refund outstanding tax obligations, including original or ...
- Texas Transportation Code Section 54.153 - Authority To Issue Revenue Refunding Obligations
The governing body of a municipality or a board, under the procedures provided by this chapter, may issue obligations payable from revenue to refund outstanding ...
- Texas Transportation Code Section 54.154 - Terms Of Issuance Of Revenue Refunding Obligations
(a) Revenue refunding obligations may: (1) be combined with new or original revenue obligations into one series or issue; (2) be issued to refund obligations ...
- Texas Transportation Code Section 54.155 - Registration Of Refunding Obligations By Comptroller
(a) Except as provided by Subsection (b), the comptroller shall register refunding obligations on surrender and cancellation of the obligations to be refunded. (b) The ...
- Texas Transportation Code Section 54.156 - Escrow Agreement
(a) The proceeds from revenue refunding obligations that are deposited as provided by Section 54.155(b)(2) shall be deposited under an escrow agreement so that the ...
- Texas Transportation Code Section 55.001 - Definitions
In this chapter: (1) "Commission" means the Texas Transportation Commission. (2) "Committee" means the Port Authority Advisory Committee. (3) "Department" means the Texas Department of ...
- Texas Transportation Code Section 55.002 - Port Development Funding
(a) From money in the fund, the department shall fund: (1) port security, transportation, or facility projects; and (2) port studies. (b) The department may ...
- Texas Transportation Code Section 55.003 - Gifts And Grants
The department may accept gifts, grants, and donations from any source for the purposes of this chapter. Added by Acts 2001, 77th Leg., ch. 1268, ...
- Texas Transportation Code Section 55.004 - Audit
The department may subject a project that receives money under this chapter to a final audit. Added by Acts 2001, 77th Leg., ch. 1268, § ...
- Texas Transportation Code Section 55.005 - Port Access Account Fund
(a) The port access account fund is an account in the general revenue fund. (b) The following money shall be credited to the fund: (1) ...
- Texas Transportation Code Section 55.006 - Port Authority Advisory Committee
(a) The committee consists of seven members appointed by the commission. The members shall be appointed as follows: (1) one member from the Port of ...
- Texas Transportation Code Section 55.007 - Duties Of Committee
The committee shall: (1) prepare a port mission plan; (2) review each project eligible to be funded under this chapter and make recommendations for approval ...
- Texas Transportation Code Section 55.008 - Capital Program
(a) The committee shall prepare a two-year port capital program defining the goals and objectives of the committee concerning the development of port facilities and ...
- Texas Transportation Code Section 55.009 - Rules
The commission shall adopt rules to implement this chapter. Added by Acts 2003, 78th Leg., ch. 1325, § 18.08, eff. June 21, 2003. ...
- Texas Transportation Code Section 60.001 - Throwing Ballast
(a) A master or officer in charge of a vessel commits an offense if any part of the ballast of the vessel is thrown from ...
- Texas Transportation Code Section 61.001 - Short Title
This chapter may be cited as the Texas Compulsory Pilotage Act. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 61.002 - Definitions
In this chapter: (1) "Board" means the board of pilot commissioners for a port. (2) "Consignee" means a person, including a master, owner, agent, subagent, ...
- Texas Transportation Code Section 61.003 - Duty To Engage Pilot
(a) A consignee having control of a vessel shall obtain a pilot to provide pilot services when the vessel is under way or otherwise moving ...
- Texas Transportation Code Section 61.004 - Payment For Pilot
A consignee shall pay a pilot at the applicable pilotage rates. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 61.005 - Pilot Optional
This chapter does not prohibit a consignee not required by Section 61.003 to engage a pilot from applying for, receiving, and paying for pilot services. ...
- Texas Transportation Code Section 61.006 - Board Jurisdiction
A board has exclusive jurisdiction over piloting of vessels in this state between the Gulf of Mexico and the ports in the board's jurisdiction. Acts ...
- Texas Transportation Code Section 61.007 - Attorney General
The attorney general shall assist a board in the enforcement of this chapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 61.008 - Liability To Pilot
(a) A person who pilots a vessel in violation of this chapter is liable for an amount equal to the applicable pilotage rate to the ...
- Texas Transportation Code Section 61.009 - Liability To Board
(a) A vessel or the owner of a vessel that is piloted in violation of this chapter is liable to a board for $5,000 for ...
- Texas Transportation Code Section 61.010 - Cooperation
A pilot providing pilot services shall, to the extent possible, cooperate with the master of the vessel. Acts 1995, 74th Leg., ch. 165, § 1, ...
- Texas Transportation Code Section 61.011 - Certain United States License Required; Offense
(a) A person may not act as a state-commissioned pilot of a vessel in any water in this state unless the person is licensed under ...
- Texas Transportation Code Section 62.001 - Definition
In this chapter, "navigation district" means a navigation district included in: (1) Subchapters C, D, E, F, G, and H, Chapter 60, Water Code; (2) ...
- Texas Transportation Code Section 62.021 - Pilot Board; Commissioners Of Pilots
(a) The pilot board of a navigation district is composed of the district's navigation and canal commissioners. (b) A member of the pilot board is ...
- Texas Transportation Code Section 62.022 - Term Of Office
The term of office of a commissioner of pilots coincides with the person's term as a navigation and canal commissioner. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 62.023 - Disqualification
A person who is engaged directly or indirectly in a towing, pilot boat, or other business affected by or connected with the performance of the ...
- Texas Transportation Code Section 62.024 - Jurisdiction
The pilot board of a navigation district has exclusive jurisdiction over the pilotage of a vessel between the Gulf of Mexico and a port of ...
- Texas Transportation Code Section 62.025 - Powers Of Pilot Boards
The pilot board of a navigation district may: (1) appoint, suspend, or dismiss a branch or deputy pilot of a port in the district; (2) ...
- Texas Transportation Code Section 62.041 - Branch Or Deputy Pilot Qualifications
(a) The pilot board of a navigation district shall examine and determine the qualifications of each applicant for the position of branch or deputy pilot ...
- Texas Transportation Code Section 62.042 - Oath; Bond
(a) A branch pilot appointed under this chapter or the rules of the pilot board of a navigation district must take the official oath. The ...
- Texas Transportation Code Section 62.043 - Issuance Of Branch Pilot License
(a) On the filing of the bond and the taking of the oath required by Section 62.042, a commissioner of pilots shall certify to the ...
- Texas Transportation Code Section 62.044 - Term Of Branch Pilot License
(a) The term of a branch pilot commission is four years. (b) If the pilot board of a navigation district dismisses a branch pilot from ...
- Texas Transportation Code Section 62.045 - Appointment Of Deputy Pilots
(a) A branch pilot may appoint two deputy pilots, subject to the examination by and approval of the pilot board of a navigation district. (b) ...
- Texas Transportation Code Section 62.046 - Suspension Or Dismissal Of Pilots
The pilot board of a navigation district may suspend or dismiss a branch or deputy pilot only for misconduct, inefficiency, or intoxication on duty and ...
- Texas Transportation Code Section 62.061 - Definition
In this subchapter, "pilot" means a branch or deputy pilot appointed under this chapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 62.062 - Pilotage Charges Inapplicable
Pilotage charges under this subchapter do not apply to a vessel of 20 tons or less or to a vessel that is excepted by a ...
- Texas Transportation Code Section 62.063 - Pilotage Charges
(a) A pilotage rate charged by a pilot must be fair and just. (b) A pilot shall furnish a schedule of pilotage rates that must ...
- Texas Transportation Code Section 62.064 - Consignee Liability For Pilot Services
The consignee of a vessel is liable to a pilot for the pilotage of the vessel. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 62.065 - Liability Of Certain Vessels Declining Pilot Services
(a) A vessel that, without the aid of a pilot, enters any channel that is under the jurisdiction of a pilot board of a navigation ...
- Texas Transportation Code Section 62.066 - Liability Of Certain Vessels To Other Pilots
(a) A vessel that goes out of a channel under the jurisdiction of a pilot board of a navigation district without the aid of a ...
- Texas Transportation Code Section 62.067 - Unauthorized Pilot Liability
A person, other than a pilot, who pilots a vessel for which a pilot is required out of or into a port, channel, or waterway ...
- Texas Transportation Code Section 62.068 - Recovery Of Pilotage Charges
(a) A pilot may recover in court compensation for pilotage or services offered. (b) A pilot may bring suit to recover the payment under Section ...
- Texas Transportation Code Section 63.001 - Governor To Appoint Boards
(a) The governor, with the consent of the senate, shall appoint a board of commissioners of pilots consisting of five persons of respectable standing for ...
- Texas Transportation Code Section 63.002 - Disqualification Of Board Member
A pilot board member may not have a direct or indirect pecuniary interest in a pilot boat or branch pilot in the business of the ...
- Texas Transportation Code Section 63.003 - Powers And Duties Of Board
(a) A pilot board shall: (1) examine and determine the qualifications of each applicant for branch or deputy pilot; (2) recommend meritorious applicants to the ...
- Texas Transportation Code Section 63.004 - Pilotage Rates And Rules
A pilot board may adopt: (1) pilotage rates; (2) rules regarding the stations and times that pilots are required to be on duty and provisions ...
- Texas Transportation Code Section 63.005 - Appeal Of Board Decision
An appeal from any decision of a board may be taken to a court. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 63.021 - Governor Authorizes Appointment
(a) For a port having a population and circumstances that do not warrant the appointment of a pilot board in this chapter the governor may ...
- Texas Transportation Code Section 63.041 - Appointment Of Branch Pilots
(a) The governor shall appoint at each port for which a pilot board or provisional pilot committee is established the number of branch pilots necessary ...
- Texas Transportation Code Section 63.042 - Appointment Of Deputy Pilots
(a) Each branch pilot may appoint two deputies, subject to examination and approval by the board. (b) A branch pilot is responsible for the actions ...
- Texas Transportation Code Section 63.043 - Oath; Bond
(a) Each branch pilot shall give a bond, payable to the governor, with two or more sufficient sureties. (b) The bond must: (1) be in ...
- Texas Transportation Code Section 63.044 - Residence; Probationary Term
(a) The board shall specify a term that a person must reside in this state to qualify the person to become a branch pilot for ...
- Texas Transportation Code Section 63.045 - Malfeasance; Penalties
(a) On proof that a branch or deputy pilot took charge of a vessel while intoxicated, the branch or deputy pilot shall: (1) for the ...
- Texas Transportation Code Section 63.046 - Suspended Pilot
A suspended pilot may not exercise the duties of the pilot's office. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 63.047 - Removal Or Reinstatement Of Pilot
The governor may: (1) remove a branch pilot; or (2) reinstate a branch pilot who has been suspended by the board. Acts 1995, 74th Leg., ...
- Texas Transportation Code Section 64.001 - Definition
In this chapter, "consignee" includes: (1) the master; (2) the owner; (3) the agent; (4) the subagent; and (5) a person who enters or clears ...
- Texas Transportation Code Section 64.002 - Pilotage Rate
The rate of pilotage that may be adopted under Sections 63.004 and 63.021 on a class of vessel may not, in a port of this ...
- Texas Transportation Code Section 64.003 - Pilotage Liability
(a) A vessel that declines pilot services offered outside the bar and enters the port without the aid of a pilot is liable to the ...
- Texas Transportation Code Section 64.004 - Suit To Recover Pilot Fees
A pilot who serves or offers to serve a vessel may bring suit to recover pilot fees from a consignee. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 64.005 - Exemptions From Pilotage Charges
Except for actual service provided, a vessel of 20 tons or less is exempt from a charge for pilotage. Acts 1995, 74th Leg., ch. 165, ...
- Texas Transportation Code Section 64.006 - Unauthorized Pilot; Liability
(a) In addition to any other applicable remedy provided by law, a person who has not been appointed to be a branch or deputy pilot ...
- Texas Transportation Code Section 65.001 - Pilots For Matagorda And Lavaca Bays
(a) The governor shall appoint at least two and not more than four competent pilots for Matagorda and Lavaca bays, from Pass Cavallo to Indianola ...
- Texas Transportation Code Section 65.002 - Provisions For Branch Pilots Applicable
The provisions of Chapter 62 relating to branch pilots at ports, to the extent applicable, apply to pilots appointed under this chapter. Acts 1995, 74th ...
- Texas Transportation Code Section 65.003 - Liability Of Persons Other Than Licensed Pilots Or Deputies For Pilotage
(a) A person who is not a licensed pilot or deputy who pilots a vessel up or down the channel of Matagorda or Lavaca Bay ...
- Texas Transportation Code Section 66.001 - Short Title
This chapter may be cited as the Houston Pilots Licensing and Regulatory Act. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 66.002 - Definitions
In this chapter: (1) "Board" means the board of pilot commissioners for Harris County ports. (2) "Consignee" means a person, including a master, owner, agent, ...
- Texas Transportation Code Section 66.003 - Applicability Of Chapter
This chapter applies only to a Harris County port. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 66.011 - Board
The board of pilot commissioners for the ports of Harris County is composed of the port commissioners of the Port of Houston Authority of Harris ...
- Texas Transportation Code Section 66.012 - Prohibited Interest
A person may not be a member of the board if the person, directly or indirectly, is engaged in or has an interest in any ...
- Texas Transportation Code Section 66.013 - Oath
Before beginning service as a board member, each board member must take and sign, before a person authorized to administer oaths, an oath to faithfully ...
- Texas Transportation Code Section 66.014 - Term Of Office
A board member serves a term of office that coincides with the member's term as a port commissioner. Acts 1995, 74th Leg., ch. 165, § ...
- Texas Transportation Code Section 66.015 - Jurisdiction
The board has exclusive jurisdiction over the piloting of vessels in Harris County ports, including intermediate stops and landing places for vessels on navigable streams ...
- Texas Transportation Code Section 66.016 - Administration; Rules
(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter. ...
- Texas Transportation Code Section 66.017 - Duties
The board shall: (1) establish the number of pilots necessary to provide adequate pilot services for each Harris County port; (2) accept applications for pilot ...
- Texas Transportation Code Section 66.018 - Unfair Discrimination Prohibited
(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, ...
- Texas Transportation Code Section 66.019 - Open Meetings Law
Chapter 551, Government Code, applies to actions and proceedings under this chapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 66.020 - Rule Or Rate Change
(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage ...
- Texas Transportation Code Section 66.021 - Contested Case Notice
The board shall post in the board office for public inspection a notice that includes the same information as the notice given to the parties ...
- Texas Transportation Code Section 66.022 - Judicial Review
Proceedings for judicial review of a board decision shall be brought in a district court in Harris County. Acts 1995, 74th Leg., ch. 165, § ...
- Texas Transportation Code Section 66.031 - License Or Certificate Required
A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Harris County ports in ...
- Texas Transportation Code Section 66.032 - Exemptions
The requirement to use a pilot does not apply to: (1) a vessel sailing under enrollment, or licensed or engaged in the coasting trade between ...
- Texas Transportation Code Section 66.033 - Qualifications For License
To be eligible for a license as a branch pilot, a person must: (1) be at least 25 years of age and less than 68 ...
- Texas Transportation Code Section 66.034 - Qualifications For Certificate
To be eligible for a certificate as a deputy branch pilot, a person must: (1) be at least 25 years of age; (2) be a ...
- Texas Transportation Code Section 66.035 - Application For License Or Certificate
To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give to the board a written application in the ...
- Texas Transportation Code Section 66.036 - Consideration Of Application
(a) The board shall carefully consider each application and shall conduct any investigation it considers necessary to determine whether an applicant is qualified for a ...
- Texas Transportation Code Section 66.037 - Branch Pilot Appointment By Governor
(a) On filing of the bond and oath required by Section 66.039, the board shall certify to the governor that a person licensed as a ...
- Texas Transportation Code Section 66.038 - Deputy Branch Pilot Appointment By Branch Pilot
(a) Each branch pilot may appoint, subject to examination and approval by the board, two deputy branch pilots for whose acts the branch pilot is ...
- Texas Transportation Code Section 66.039 - Oath; Bond
(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the ...
- Texas Transportation Code Section 66.040 - Terms Of Licenses And Certificates
(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed, provided that no pilot may furnish pilot ...
- Texas Transportation Code Section 66.041 - Branch Pilot's License Renewal
(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. (b) If a pilot applies in writing and qualifies, the ...
- Texas Transportation Code Section 66.042 - Deputy Branch Pilot
A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of ...
- Texas Transportation Code Section 66.043 - Suspension Or Revocation Of Branch Pilot's License
(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than ...
- Texas Transportation Code Section 66.044 - Suspension Or Revocation Of Deputy Branch Pilot's Certificate
A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for ...
- Texas Transportation Code Section 66.045 - Liability To Pilot
(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are ...
- Texas Transportation Code Section 66.061 - Pilotage Rate Change
The board may not change pilotage rates before the first anniversary of the preceding rate change. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 66.062 - Pilotage Rate Change Application
(a) An application for a change in pilotage rates may be submitted to the board by: (1) a pilot; (2) an association of pilots; (3) ...
- Texas Transportation Code Section 66.063 - Pilot Financial Report
(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve ...
- Texas Transportation Code Section 66.064 - Factors For Board Consideration
In establishing pilotage rates, the board shall consider factors relevant to determining reasonable and just pilotage rates, including: (1) characteristics of vessels to be piloted; ...
- Texas Transportation Code Section 66.065 - Rate Decision
Not later than the 10th day after the date of the completion of a hearing on an application for a change in pilotage rates, the ...
- Texas Transportation Code Section 66.066 - Costs
The board, in a final order under this subchapter, may charge all or part of the costs of processing an application to the parties in ...
- Texas Transportation Code Section 66.067 - Appeal Of Board Decision
Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court. Acts 1995, 74th ...
- Texas Transportation Code Section 66.068 - Emergency Pilotage Rates
(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that: (1) ...
- Texas Transportation Code Section 66.069 - Pilot Services Required
The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel ...
- Texas Transportation Code Section 66.070 - Pilotage Rate Liability
(a) A consignee who declines the services of a pilot offered outside the bar and enters the port without the aid of a pilot is ...
- Texas Transportation Code Section 66.071 - Recovery Of Compensation
A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to ...
- Texas Transportation Code Section 66.081 - Purpose
The purpose of this subchapter is to: (1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by ...
- Texas Transportation Code Section 66.082 - Pilot Liability
A pilot is not liable directly or as a member of an organization of pilots for any claim that: (1) arises from an act or ...
- Texas Transportation Code Section 66.083 - Pilot Liability Limited
(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or ...
- Texas Transportation Code Section 67.001 - Short Title
This chapter may be cited as the Galveston County Pilots Licensing and Regulatory Act. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 67.002 - Definitions
In this chapter: (1) "Board" means the board of pilot commissioners for Galveston County ports. (2) "Consignee" means a person, including a master, owner, agent, ...
- Texas Transportation Code Section 67.003 - Applicability Of Chapter
(a) This chapter applies only to a Galveston County port. (b) This chapter does not affect the existing laws for ports in other counties, and ...
- Texas Transportation Code Section 67.011 - Board
The board of pilot commissioners for the ports of Galveston County is composed of five commissioners from Galveston County appointed by the governor with the ...
- Texas Transportation Code Section 67.012 - Prohibited Interest
A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in ...
- Texas Transportation Code Section 67.013 - Oath
Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully ...
- Texas Transportation Code Section 67.014 - Term Of Office
(a) Board members serve staggered four-year terms of office. (b) A member holds office until the member's successor is appointed and qualified. Acts 1995, 74th ...
- Texas Transportation Code Section 67.015 - Jurisdiction
The board has exclusive jurisdiction over the piloting of vessels in Galveston County, including intermediate stops and landing places for vessels on navigable streams wholly ...
- Texas Transportation Code Section 67.016 - Administration; Rules
(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter. ...
- Texas Transportation Code Section 67.017 - Duties
The board shall: (1) recommend to the governor the number of pilots necessary to provide adequate pilot services for each Galveston County port; (2) accept ...
- Texas Transportation Code Section 67.018 - Pilot Review Board
The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Galveston County, ...
- Texas Transportation Code Section 67.019 - Unfair Discrimination Prohibited
(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, ...
- Texas Transportation Code Section 67.020 - Open Meetings Law
Chapter 551, Government Code, applies to actions and proceedings under this chapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 67.021 - Rule Or Rate Change
(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage ...
- Texas Transportation Code Section 67.022 - Judicial Review
Proceedings for judicial review of a board decision shall be brought in a district court in Galveston County. Acts 1995, 74th Leg., ch. 165, § ...
- Texas Transportation Code Section 67.031 - License Or Certificate Required
A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Galveston County ports in ...
- Texas Transportation Code Section 67.032 - Exemption
The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates. Acts 1995, 74th ...
- Texas Transportation Code Section 67.033 - Qualifications For License
To be eligible for a license as a branch pilot, a person must: (1) be at least 25 years of age; (2) be a United ...
- Texas Transportation Code Section 67.034 - Qualifications For Certificate
To be eligible for a certificate as a deputy branch pilot, a person must: (1) be at least 25 years of age; (2) be a ...
- Texas Transportation Code Section 67.035 - Application For License Or Certificate
To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give to the board a written application in the ...
- Texas Transportation Code Section 67.036 - Consideration Of Application
As part of its consideration of applications for licenses and certificates, the board may examine and decide on the qualifications of an applicant for the ...
- Texas Transportation Code Section 67.037 - Branch Pilot Appointment By Governor
(a) On filing of the bond and oath required by Section 67.039, the board shall certify to the governor that a person licensed as a ...
- Texas Transportation Code Section 67.038 - Deputy Branch Pilot Appointment By Branch Pilot
(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots. (b) A branch pilot may appoint an ...
- Texas Transportation Code Section 67.039 - Oath; Bond
(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the ...
- Texas Transportation Code Section 67.040 - Terms Of Licenses And Certificates
(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed. (b) A deputy branch pilot's certificate expires ...
- Texas Transportation Code Section 67.041 - Branch Pilot's License Renewal
(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. (b) If a pilot applies in writing and qualifies, the ...
- Texas Transportation Code Section 67.042 - Deputy Branch Pilot
A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of ...
- Texas Transportation Code Section 67.043 - Suspension Or Revocation Of Branch Pilot's License
(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than ...
- Texas Transportation Code Section 67.044 - Suspension Or Revocation Of Deputy Branch Pilot's Certificate
A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for ...
- Texas Transportation Code Section 67.045 - Liability To Pilot
(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are ...
- Texas Transportation Code Section 67.061 - Pilotage Rate Change
The board may not change pilotage rates before the first anniversary of the preceding rate change. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 67.062 - Pilotage Rate Change Application
(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by: (1) one or more pilots; ...
- Texas Transportation Code Section 67.063 - Objection; Hearing
(a) If, not later than the 20th day after the date notice is sent, a commissioner receives a written objection to the application from any ...
- Texas Transportation Code Section 67.064 - Board Action On Application
(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 67.063(a), the ...
- Texas Transportation Code Section 67.065 - Pilot Financial Report
(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve ...
- Texas Transportation Code Section 67.066 - Factors For Board Consideration
In acting on a pilotage rate change application, the board shall consider: (1) characteristics of vessels to be piloted; (2) the average number of hours ...
- Texas Transportation Code Section 67.067 - Board Action
(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as ...
- Texas Transportation Code Section 67.068 - Reporting And Stenographic Costs
(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a ...
- Texas Transportation Code Section 67.069 - Order Filed
(a) The board shall file a copy of its order with the county clerk. (b) The board shall file the order not later than the ...
- Texas Transportation Code Section 67.070 - Emergency Pilotage Rates
(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that: (1) ...
- Texas Transportation Code Section 67.071 - Pilot Services Required
The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel ...
- Texas Transportation Code Section 67.072 - Pilotage Rate Liability
(a) A pilot who charges a pilotage rate for pilot services different from the pilotage rates established under this chapter for the port in which ...
- Texas Transportation Code Section 67.073 - Recovery Of Compensation
A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to ...
- Texas Transportation Code Section 67.081 - Purpose
The purpose of this subchapter is to: (1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by ...
- Texas Transportation Code Section 67.082 - Pilot Liability
A pilot is not liable directly or as a member of an organization of pilots for a claim that: (1) arises from an act or ...
- Texas Transportation Code Section 67.083 - Pilot Liability Limited
(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or ...
- Texas Transportation Code Section 68.001 - Short Title
This chapter may be cited as the Brazoria County Pilots Licensing and Regulatory Act. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 68.002 - Definitions
In this chapter: (1) "Board" means the board of pilot commissioners for Brazoria County ports. (2) "Brazoria County port" means a place in Brazoria County ...
- Texas Transportation Code Section 68.003 - Applicability Of Chapter
(a) This chapter applies only to a Brazoria County port. (b) This chapter does not affect laws relating to a port in another county and ...
- Texas Transportation Code Section 68.004 - Venue
A suit to enforce a claim, right, or cause of action provided by this chapter shall be brought in Brazoria County. Acts 1995, 74th Leg., ...
- Texas Transportation Code Section 68.011 - Board
The board of pilot commissioners for the ports of Brazoria County is composed of the navigation and canal commissioners of the Brazos River Harbor Navigation ...
- Texas Transportation Code Section 68.012 - Prohibited Interest
A person may not be a member of the board if the person, directly or indirectly, is engaged in or has any interest in a ...
- Texas Transportation Code Section 68.013 - Oath
Before beginning service as a board member, each board member must take and sign, before a person authorized to administer oaths, an oath to faithfully ...
- Texas Transportation Code Section 68.014 - Term Of Office
A board member serves a term of office that coincides with the member's term as a navigation and canal commissioner. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 68.015 - Jurisdiction
The board has exclusive jurisdiction over the piloting of vessels in Brazoria County ports, including intermediate stops and landing places for vessels on navigable streams ...
- Texas Transportation Code Section 68.016 - Administration; Rules
(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter. ...
- Texas Transportation Code Section 68.017 - Duties
The board shall: (1) recommend to the governor the number of pilots necessary to provide adequate pilot services for each Brazoria County port; (2) accept ...
- Texas Transportation Code Section 68.018 - Pilot Review Board
The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Brazoria County, ...
- Texas Transportation Code Section 68.019 - Unfair Discrimination Prohibited
(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or applicant because of race, religion, ...
- Texas Transportation Code Section 68.020 - Open Meetings Law
Chapter 551, Government Code, applies to actions and proceedings under this chapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 68.021 - Rule Or Rate Change
(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage ...
- Texas Transportation Code Section 68.022 - Judicial Review
Proceedings for judicial review of a board decision shall be brought in a district court in Brazoria County. Acts 1995, 74th Leg., ch. 165, § ...
- Texas Transportation Code Section 68.031 - License Or Certificate Required
A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Brazoria County ports in ...
- Texas Transportation Code Section 68.032 - Exemption
The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates. Acts 1995, 74th ...
- Texas Transportation Code Section 68.033 - Qualifications For License
To be eligible for a license as a branch pilot, a person must: (1) be at least 25 years of age and less than 68 ...
- Texas Transportation Code Section 68.034 - Qualifications For Certificate
To be eligible for a certificate as a deputy branch pilot, a person must: (1) be at least 25 years of age; (2) be a ...
- Texas Transportation Code Section 68.035 - Application For License Or Certificate
(a) To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the ...
- Texas Transportation Code Section 68.036 - Consideration Of Application
(a) The board shall carefully consider each application and shall conduct any investigation it considers necessary to determine whether an applicant is qualified for a ...
- Texas Transportation Code Section 68.037 - Branch Pilot Appointment By Governor
(a) On filing of the bond and oath required by Section 68.039, the board shall certify to the governor that a person licensed as a ...
- Texas Transportation Code Section 68.038 - Deputy Branch Pilot Appointment By Branch Pilot
(a) Each branch pilot may appoint, subject to examination and approval by the board, two deputy branch pilots. (b) A branch pilot may appoint an ...
- Texas Transportation Code Section 68.039 - Oath; Bond
(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the ...
- Texas Transportation Code Section 68.040 - Terms Of Licenses And Certificates
(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed, provided that no pilot may furnish pilot ...
- Texas Transportation Code Section 68.041 - Branch Pilot's License Renewal
(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. (b) If a pilot applies in writing and qualifies, the ...
- Texas Transportation Code Section 68.042 - Deputy Branch Pilot
A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of ...
- Texas Transportation Code Section 68.043 - Health And Drug Certification
(a) The board may require that certification under Section 68.035(b)(1) be executed annually. (b) The board randomly from time to time may require a branch ...
- Texas Transportation Code Section 68.044 - Suspension Or Revocation Of Branch Pilot's License
(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than ...
- Texas Transportation Code Section 68.045 - Suspension Or Revocation Of Deputy Branch Pilot's Certificate
A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for ...
- Texas Transportation Code Section 68.046 - Liability To Pilot
(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are ...
- Texas Transportation Code Section 68.061 - Pilotage Rate Change
The board may not change pilotage rates before the first anniversary of the preceding rate change. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 68.062 - Pilotage Rates
Each branch pilot member of the Brazos Pilots Association shall charge the pilotage rates set by the board for pilot services. Acts 1995, 74th Leg., ...
- Texas Transportation Code Section 68.063 - Pilotage Rate Change Application
(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by: (1) one or more pilots; ...
- Texas Transportation Code Section 68.064 - Objection; Hearing
(a) If, not later than the 20th day after the date notice of an application for a rate change is sent, a commissioner receives a ...
- Texas Transportation Code Section 68.065 - Board Action On Application
(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 68.064(a), the ...
- Texas Transportation Code Section 68.066 - Pilot Financial Report
(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve ...
- Texas Transportation Code Section 68.067 - Factors For Board Consideration
In acting on a pilotage rate change application, the board shall consider: (1) characteristics of vessels to be piloted; (2) costs to pilots to provide ...
- Texas Transportation Code Section 68.068 - Board Action
(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as ...
- Texas Transportation Code Section 68.069 - Reporting And Stenographic Costs
(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a ...
- Texas Transportation Code Section 68.070 - Order Filed
(a) The board shall file a copy of its order with the county clerk. (b) The board shall file the order not later than the ...
- Texas Transportation Code Section 68.071 - Emergency Pilotage Rates
(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that: (1) ...
- Texas Transportation Code Section 68.072 - Pilot Services Required
The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilots who pilot the vessel ...
- Texas Transportation Code Section 68.073 - Pilotage Rate Liability
(a) A pilot who charges a rate for pilot services different from the pilotage rates established under this chapter for the port in which the ...
- Texas Transportation Code Section 68.074 - Recovery Of Compensation
A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to ...
- Texas Transportation Code Section 68.081 - Purpose
The purpose of this subchapter is to: (1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by ...
- Texas Transportation Code Section 68.082 - Pilot Liability
A pilot is not liable directly or as a member of an organization of pilots for a claim that: (1) arises from an act or ...
- Texas Transportation Code Section 68.083 - Pilot Liability Limited
(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or ...
- Texas Transportation Code Section 68.091 - Pilots Association
The Brazos Pilots Association is a nonprofit association whose membership shall include and be limited to the licensed branch pilots for the Brazoria County ports. ...
- Texas Transportation Code Section 68.092 - Association Purposes
The purposes of the Brazos Pilots Association are: (1) the leasing, ownership, management, and operation of equipment and facilities suitable for use by member pilots ...
- Texas Transportation Code Section 68.093 - Officers
(a) The membership of the Brazos Pilots Association shall elect members to serve as officers. The association's officers must include a president, vice president, and ...
- Texas Transportation Code Section 68.094 - Term Of Office
Each association officer serves a one-year term, beginning on January 1, and continues to serve until a successor has been elected and qualified. Acts 1995, ...
- Texas Transportation Code Section 68.095 - Property
(a) The association may rent or own property, acquire property by gift, purchase, or exchange, and hold title to property that is appropriate for its ...
- Texas Transportation Code Section 68.096 - Independent Contractor
Although each branch pilot is a member of the association, a branch pilot acts as an independent contractor in performing specific pilot services for a ...
- Texas Transportation Code Section 68.097 - Fee Collection
(a) The association is delegated the authority to collect in its name on behalf of each branch pilot fees earned by the pilot for pilot ...
- Texas Transportation Code Section 68.098 - Operating Budget
In December of each year, the association shall adopt, by majority vote, a budget for its operations for the next calendar year. The operating budget ...
- Texas Transportation Code Section 68.099 - Service Fees
Monthly, the association may retain from fees collected on behalf of each branch pilot, as consideration for services rendered, a pro rata share of 1/12th ...
- Texas Transportation Code Section 68.100 - Fee Distribution
Not later than the 25th day of each month, the association shall distribute to each branch pilot, as provided by association bylaws, a share of ...
- Texas Transportation Code Section 68.101 - Association Services
The association shall provide for the use and benefit of each branch pilot member: (1) real property and buildings suitable for use as a pilot ...
- Texas Transportation Code Section 68.102 - Transfer Of Property
The association may receive from Brazos Pilot Service, Inc., a conveyance of all real and personal property owned and held by that company if all ...
- Texas Transportation Code Section 68.103 - Share Valuation
The value of all assets of the association shall be determined by an appraisal made by one or more qualified appraisers designated by the association ...
- Texas Transportation Code Section 68.104 - Transfer Of Shares
(a) The association shall issue one share to a branch pilot on the pilot's initial commissioning if the pilot pays the association a sum equal ...
- Texas Transportation Code Section 68.105 - Facilities Fee
(a) The association may charge a monthly fee for the use of its facilities to a newly commissioned branch pilot who does not tender payment ...
- Texas Transportation Code Section 68.106 - Limitation On Share Ownership
(a) Shares of the association may be issued to and owned only by a branch pilot licensed under this chapter, except as provided by Subsection ...
- Texas Transportation Code Section 68.107 - Retirement Benefits
(a) The association may act as an employer for the purpose of maintaining an employee welfare benefit plan or an employee pension benefit plan, as ...
- Texas Transportation Code Section 69.001 - Short Title
This chapter may be cited as the Jefferson and Orange County Pilots Licensing and Regulatory Act. Amended by Acts 2003, 78th Leg., ch. 745, § ...
- Texas Transportation Code Section 69.002 - Definitions
In this chapter: (1) "Board" means the board of pilot commissioners described by Section 69.011. (2) "Consignee" means a person, including a master, owner, agent, ...
- Texas Transportation Code Section 69.003 - Applicability Of Chapter
This chapter applies only to a Jefferson or Orange County port. Added by Acts 2003, 78th Leg., ch. 745, § 1, eff. June 20, 2003. ...
- Texas Transportation Code Section 69.011 - Composition Of Board
(a) The board of pilot commissioners for all of the ports and private terminals located in Jefferson or Orange County, or both, is composed of ...
- Texas Transportation Code Section 69.012 - Prohibited Interest
A person may not be a member of the board if the person has a direct or indirect pecuniary interest in a pilot boat or ...
- Texas Transportation Code Section 69.013 - Oath
Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully ...
- Texas Transportation Code Section 69.014 - Terms Of Office
(a) Board members serve staggered two-year terms of office. (b) A member holds office until the member's successor is appointed and qualified. Added by Acts ...
- Texas Transportation Code Section 69.015 - Jurisdiction Of Board
The board has exclusive jurisdiction over the pilot services provided in Jefferson or Orange County, including intermediate stops and landing places for vessels on navigable ...
- Texas Transportation Code Section 69.016 - Administration; Rules
(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter. ...
- Texas Transportation Code Section 69.017 - Duties
(a) The board shall: (1) establish the number of pilots necessary to provide adequate pilot services for each Jefferson or Orange County port; (2) establish ...
- Texas Transportation Code Section 69.018 - Unfair Discrimination Prohibited
(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, ...
- Texas Transportation Code Section 69.019 - Open Meetings Law
Chapter 551, Government Code, applies to actions and proceedings under this chapter. Added by Acts 2003, 78th Leg., ch. 745, § 1, eff. June 20, ...
- Texas Transportation Code Section 69.020 - Rule Or Rate Change
(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage ...
- Texas Transportation Code Section 69.021 - Contested Case Notice
The board shall give notice in each contested case to the persons and in the manner provided by Section 69.020(b) that includes the same information ...
- Texas Transportation Code Section 69.022 - Judicial Review
Proceedings for judicial review of a board decision shall be brought in a district court in Jefferson County. Added by Acts 2003, 78th Leg., ch. ...
- Texas Transportation Code Section 69.023 - Budget; Annual Report; Audits
(a) The board shall adopt a budget not later than the 45th day before the start of a fiscal year. The budget may be adopted ...
- Texas Transportation Code Section 69.024 - Depository Bank; Expenditure Of Funds
The board shall deposit all money received by the board under this chapter, including assessments and grants from governmental agencies, in a bank located in ...
- Texas Transportation Code Section 69.031 - Licenses Or Certificate Required
A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Jefferson and Orange County ...
- Texas Transportation Code Section 69.032 - Exemptions
The requirement to use a pilot does not apply to: (1) a vessel sailing under enrollment, or licensed or engaged in the coasting trade between ...
- Texas Transportation Code Section 69.033 - Qualifications For License
To be eligible for a license as a branch pilot for the ports within the jurisdiction of the board, a person must: (1) be at ...
- Texas Transportation Code Section 69.034 - Qualifications For Certificate
To be eligible for a certificate as a deputy branch pilot, a person must: (1) be at least 25 years of age; (2) be a ...
- Texas Transportation Code Section 69.035 - Application For License Or Certificate
To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form ...
- Texas Transportation Code Section 69.036 - Consideration Of Application
(a) The board shall carefully consider each application submitted under Section 69.035 and shall conduct any investigation it considers necessary to determine whether an applicant ...
- Texas Transportation Code Section 69.037 - Branch Pilot Appointment By Governor
(a) On filing of the bond and oath required by Section 69.039, the board shall certify to the governor that a person licensed as a ...
- Texas Transportation Code Section 69.038 - Deputy Branch Pilot Appointment By Branch Pilot
(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots. (b) A branch pilot may appoint an ...
- Texas Transportation Code Section 69.039 - Oath And Bond
(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the ...
- Texas Transportation Code Section 69.040 - Terms Of Licenses And Certificates
(a) A branch pilot's license expires on the earlier of: (1) the fourth anniversary of the date it is issued or renewed; or (2) the ...
- Texas Transportation Code Section 69.041 - Branch Pilot's License Renewal
(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. (b) If a pilot applies in writing and qualifies, the ...
- Texas Transportation Code Section 69.042 - Deputy Branch Pilot
A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of ...
- Texas Transportation Code Section 69.043 - Suspension Or Revocation Of Branch Pilot's License
(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than ...
- Texas Transportation Code Section 69.044 - Suspension Or Revocation Of Deputy Branch Pilot's Certificate
A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for ...
- Texas Transportation Code Section 69.045 - Liability To Pilot
(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are ...
- Texas Transportation Code Section 69.061 - Pilotage Rate Change
The board may not change pilotage rates before the first anniversary of the preceding rate change. Added by Acts 2003, 78th Leg., ch. 745, § ...
- Texas Transportation Code Section 69.062 - Pilotage Rate Change Application
(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by: (1) a pilot; (2) an ...
- Texas Transportation Code Section 69.063 - Pilot Financial Report
(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve ...
- Texas Transportation Code Section 69.064 - Factors For Board Consideration
In acting on a pilotage rate change application, the board shall consider: (1) characteristics of vessels to be piloted; (2) the public interest in maintaining ...
- Texas Transportation Code Section 69.065 - Rate Decision
Not later than the 10th day after the date of the completion of a hearing on an application for a change in pilotage rates, the ...
- Texas Transportation Code Section 69.066 - Costs
The board, in a final order under this subchapter, may charge all or part of the costs of processing an application to the parties in ...
- Texas Transportation Code Section 69.067 - Appeal Of Board Decision
Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court. Added by Acts ...
- Texas Transportation Code Section 69.068 - Emergency Pilotage Rates
(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that: (1) ...
- Texas Transportation Code Section 69.069 - Pilot Services Required
The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel ...
- Texas Transportation Code Section 69.070 - Pilotage Rate Liability
(a) A consignee who declines the services of a pilot offered outside the bar and enters the port without the aid of a pilot is ...
- Texas Transportation Code Section 69.071 - Recovery Of Compensation
A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to ...
- Texas Transportation Code Section 69.081 - Purpose
The purpose of this subchapter is to: (1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by ...
- Texas Transportation Code Section 69.082 - Pilot Liability
A pilot is not liable directly or as a member of an organization of pilots for a claim that: (1) arises from an act or ...
- Texas Transportation Code Section 69.083 - Pilot Liability Limited
(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or ...
- Texas Transportation Code Section 70.001 - Short Title
This chapter may be cited as the Port of Corpus Christi Pilots Licensing and Regulatory Act. Added by Acts 1997, 75th Leg., ch. 359, § ...
- Texas Transportation Code Section 70.002 - Definitions
In this chapter: (1) "Board" means the board of pilot commissioners for the Port of Corpus Christi Authority. (2) "Consignee" means a person, including a ...
- Texas Transportation Code Section 70.003 - Application Of Act
(a) This chapter applies only to the Port of Corpus Christi. (b) This chapter does not affect the existing laws for ports in other counties, ...
- Texas Transportation Code Section 70.011 - Composition Of Board
The board of pilot commissioners for the Port of Corpus Christi is composed of the seven port commissioners for the Port of Corpus Christi Authority. ...
- Texas Transportation Code Section 70.012 - Prohibited Interest
A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in ...
- Texas Transportation Code Section 70.013 - Oath
Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully ...
- Texas Transportation Code Section 70.014 - Term Of Office
(a) The term of office of a commissioner of pilots coincides with a person's term as a port commissioner for the Port of Corpus Christi ...
- Texas Transportation Code Section 70.015 - Jurisdiction
The board has exclusive jurisdiction over the piloting of vessels in the Port of Corpus Christi, including intermediate stops and landing places for vessels on ...
- Texas Transportation Code Section 70.016 - Administration And Rules
(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter. ...
- Texas Transportation Code Section 70.017 - Duties
The board shall: (1) recommend to the governor the number of pilots necessary to provide adequate pilot services for the Port of Corpus Christi; (2) ...
- Texas Transportation Code Section 70.018 - Pilot Review Board
The board shall establish a pilot review board consisting of two active state-commissioned pilots serving the Port of Corpus Christi, two members of the marine ...
- Texas Transportation Code Section 70.019 - Unfair Discrimination Prohibited
(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices nor discriminate against a pilot or pilot applicant because of race, ...
- Texas Transportation Code Section 70.020 - Open Meetings Law
Chapter 551, Government Code, applies to actions and proceedings under this chapter. Added by Acts 1997, 75th Leg., ch. 359, § 4, eff. Sept. 1, ...
- Texas Transportation Code Section 70.021 - Rule Or Rate Change
(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage ...
- Texas Transportation Code Section 70.022 - Judicial Review
Proceedings for judicial review of a board decision shall be brought in a district court in Nueces County. Added by Acts 1997, 75th Leg., ch. ...
- Texas Transportation Code Section 70.031 - Licenses Or Certificate Required
A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Port of Corpus Christi. ...
- Texas Transportation Code Section 70.032 - Qualifications For License
To be eligible for a license as a branch pilot, a person must: (1) be at least 25 years of age; (2) be a United ...
- Texas Transportation Code Section 70.033 - Qualifications For Certificate
To be eligible for a certificate as a deputy branch pilot, a person must: (1) be at least 25 years of age; (2) be a ...
- Texas Transportation Code Section 70.034 - Application For License Or Certificate
To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form ...
- Texas Transportation Code Section 70.035 - Consideration Of Application
As part of its consideration of applications for licenses, the board may examine and decide on the qualifications of an applicant for the position of ...
- Texas Transportation Code Section 70.036 - Branch Pilot Appointment By Governor
(a) On filing of the bond and oath required by Section 70.038, the board shall certify to the governor that a person licensed as a ...
- Texas Transportation Code Section 70.037 - Deputy Branch Pilot Appointment By Branch Pilot
(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots. (b) A branch pilot may appoint an ...
- Texas Transportation Code Section 70.038 - Oath And Bond
(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the ...
- Texas Transportation Code Section 70.039 - Terms Of Licenses And Certificates
(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed. (b) A deputy branch pilot's certificate expires ...
- Texas Transportation Code Section 70.040 - Branch Pilot's License Renewal
(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal. (b) If a pilot applies in writing and qualifies, the ...
- Texas Transportation Code Section 70.041 - Deputy Branch Pilot
A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of ...
- Texas Transportation Code Section 70.042 - Suspension Or Revocation Of Branch Pilot's License
(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than ...
- Texas Transportation Code Section 70.043 - Suspension Or Revocation Of Deputy Branch Pilot's Certificate
A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for ...
- Texas Transportation Code Section 70.044 - Liability To Pilot
(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are ...
- Texas Transportation Code Section 70.061 - Pilotage Rate Change
(a) The board may not change pilotage rates before the first anniversary of the preceding rate change. Added by Acts 1997, 75th Leg., ch. 359, ...
- Texas Transportation Code Section 70.062 - Pilotage Rate Change Application
(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by: (1) one or more pilots; ...
- Texas Transportation Code Section 70.063 - Objection; Hearing
(a) If, not later than the 20th day after the date notice is sent, a commissioner receives a written objection to the application from any ...
- Texas Transportation Code Section 70.064 - Board Action On Application
(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 70.063(a), the ...
- Texas Transportation Code Section 70.065 - Pilot Financial Report
(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve ...
- Texas Transportation Code Section 70.066 - Factors For Board Consideration
In acting on a pilotage rate change application, the board shall consider: (1) characteristics of vessels to be piloted including but not limited to the ...
- Texas Transportation Code Section 70.067 - Board Action
(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as ...
- Texas Transportation Code Section 70.068 - Reporting And Stenographic Costs
(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a ...
- Texas Transportation Code Section 70.069 - Order Filed
(a) The board shall file a copy of its order with the Nueces County clerk. (b) The board shall file the order not later than ...
- Texas Transportation Code Section 70.070 - Emergency Pilotage Rates
(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 90 days, if the board finds that: (1) ...
- Texas Transportation Code Section 70.071 - Pilot Services Required
The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel ...
- Texas Transportation Code Section 70.072 - Liability
(a) A pilot who charges a pilotage rate for pilot services different from the pilotage rates established under this chapter for the port in which ...
- Texas Transportation Code Section 70.081 - Purpose
The purpose of this subchapter is to: (1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by ...
- Texas Transportation Code Section 70.082 - Pilot Liability
A pilot is not liable directly or as a member of an organization of pilots for a claim that: (1) arises from an act or ...
- Texas Transportation Code Section 70.083 - Pilots Liability Limited
(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or ...
- Texas Transportation Code Section 91.001 - Definitions
In this chapter: (1) "Commission" means the Texas Transportation Commission. (2) "Construction" includes design, planning, and preliminary studies. (3) "Department" means the Texas Department of ...
- Texas Transportation Code Section 91.002 - Public Purpose
The following functions are public and governmental functions, exercised for a public purpose, and matters of public necessity: (1) the acquisition, financing, construction, operation, and ...
- Texas Transportation Code Section 91.003 - Rules
The commission may adopt rules and the department may adopt procedures and prescribe forms necessary to implement this chapter. Added by Acts 2003, 78th Leg., ...
- Texas Transportation Code Section 91.004 - General Powers
(a) The department may: (1) plan and make policies for the location, construction, maintenance, and operation of a rail facility or system in this state; ...
- Texas Transportation Code Section 91.005 - Reliance On Private Entities
The department shall contract with a private entity to operate a railroad using facilities owned by the department and may not use department employees to ...
- Texas Transportation Code Section 91.006 - Cooperation Of State Agencies And Political Subdivisions
Within available resources, an agency or political subdivision of this state shall cooperate with and assist the department in exercising its powers and duties under ...
- Texas Transportation Code Section 91.007 - Notification Of Intent To Abandon Or Discontinue Service
On receipt of notice of intent to abandon or discontinue rail service served under 49 C.F.R. Section 1152.20, as amended, the department shall coordinate with ...
- Texas Transportation Code Section 91.031 - Establishment Of Rail Systems
(a) If the commission determines that the provision of rail transportation services would be most efficiently and economically met by jointly operating two or more ...
- Texas Transportation Code Section 91.032 - Acquisition Of Rail Facilities
(a) The commission may authorize the department to acquire an existing rail facility at a location and on a route the commission determines to be ...
- Texas Transportation Code Section 91.033 - Environmental Review
(a) The department shall conduct or approve all environmental evaluations or studies required for the construction, maintenance, or operation of a rail facility. (b) The ...
- Texas Transportation Code Section 91.034 - Environmental Mitigation
(a) The department may acquire, maintain, hold, restore, enhance, develop, or redevelop property for the purpose of mitigating a past, present, or future adverse environmental ...
- Texas Transportation Code Section 91.035 - Use Of Facilities Belonging To Public Or Private Entity
(a) The department, for the purpose of acquiring, constructing, maintaining, and operating freight or passenger rail facilities and systems in this state, may: (1) use ...
- Texas Transportation Code Section 91.036 - Expenditure Of Funds
Subject to Section 91.071(b), the department may receive, accept, and expend funds from this state, a federal agency, or other public or private source for: ...
- Texas Transportation Code Section 91.0361 - Certain Freight Railroad Projects
(a) If sufficient funds from bonds sold to construct the Central Texas turnpike project or from the Texas mobility fund are available, the department may, ...
- Texas Transportation Code Section 91.037 - Contracts With Governmental Entities
This chapter does not apply to real or personal property, facilities, funding, projects, operations, construction, or a project plan of a transportation authority created under ...
- Texas Transportation Code Section 91.051 - Awarding Of Contracts
Except for a contract entered into under Section 91.052, 91.054, or 91.102, a contract made by the department for the construction, maintenance, or operation of ...
- Texas Transportation Code Section 91.052 - Agreements To Construct, Maintain, And Operate Rail Facilities
The department may enter into an agreement with a public entity, including a political subdivision of this state, to permit the entity, independently or jointly ...
- Texas Transportation Code Section 91.053 - Small And Disadvantaged Businesses
(a) The department shall: (1) set goals for the award of contracts to small and disadvantaged businesses and attempt to meet the goals; (2) attempt ...
- Texas Transportation Code Section 91.054 - Comprehensive Development Agreements
(a) To the extent and in the manner that the department may enter into a comprehensive development agreement under Chapter 223, the department may enter ...
- Texas Transportation Code Section 91.071 - Funding
(a) Except as provided in Subsection (b), the department may use any available funds to implement this chapter, including funds from the state infrastructure bank. ...
- Texas Transportation Code Section 91.072 - Financing Of Rail Facilities And Systems
(a) The commission and the department have the same powers and duties relating to the financing of a rail facility or a system established under ...
- Texas Transportation Code Section 91.073 - Grants And Loans
The department may apply for, accept, and expend money from grants, loans, or reimbursements for any purpose of this chapter, including paying for the cost ...
- Texas Transportation Code Section 91.074 - Revenue
(a) The department may require a person, including any public or private entity, to pay a fee as a condition of using any part of ...
- Texas Transportation Code Section 91.075 - Pass-Through Fares
(a) In this section, "pass-through fare" means: (1) a per passenger fee or a per passenger mile fee that is determined by the number of ...
- Texas Transportation Code Section 91.091 - Acquisition Of Real Property
(a) The commission may authorize the department to acquire in the name of the state a right-of-way, a property right, or other interest in real ...
- Texas Transportation Code Section 91.092 - Property Necessary Or Convenient For Rail Facilities
Property necessary or convenient for the department's acquisition, construction, maintenance, or operation of rail facilities includes an interest in real property or a property right ...
- Texas Transportation Code Section 91.093 - Right Of Entry
(a) To acquire property necessary or convenient for a rail facility, the department may enter any premises or real property, including a body of water, ...
- Texas Transportation Code Section 91.094 - Conveyance Of Property Belonging To Political Subdivision Or Public Agency
The governing body of a municipality, county, political subdivision, or public agency may, without advertisement, convey the title to or a right in property determined ...
- Texas Transportation Code Section 91.095 - Disposal Of Property
The department may sell, convey, or otherwise dispose of any rights or other interests in real property acquired under this subchapter that the commission determines ...
- Texas Transportation Code Section 91.101 - Contracts For Rail Transportation Services
The department may contract with a county or other political subdivision of the state for the department to provide rail transportation services on terms agreed ...
- Texas Transportation Code Section 91.102 - Contracts With Rail Operators
(a) The department may lease all or part of a rail facility or system to a rail operator. The department may contract with a rail ...
- Texas Transportation Code Section 91.103 - Joint Use Of Rail Facilities
The department may: (1) enter into an agreement with a rail operator, public utility, private utility, communication system, common carrier, or transportation system for the ...
- Texas Transportation Code Section 91.104 - Routings
The department may determine routings for rail facilities acquired, constructed, or operated by the department under this chapter. Added by Acts 2003, 78th Leg., ch. ...
- Texas Transportation Code Section 91.105 - Placement Of Utility Facilities, Lines, And Equipment
(a) A utility has the same right to place its facilities, lines, or equipment in, over, or across right-of-way that is part of a state-owned ...
- Texas Transportation Code Section 171.001 - Definitions
In this chapter: (1) "Board" means the district's board of directors. (2) "Bonds" has the meaning assigned by Chapter 623, Acts of the 67th Legislature, ...
- Texas Transportation Code Section 171.002 - Applicability Of Rural Rail Transportation Districts Law
(a) Except as provided by this chapter, Sections 2-9, Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes), ...
- Texas Transportation Code Section 171.051 - Applicability To Certain Counties
A district may be created only in a county with a population of 3.3 million or more and counties adjacent to such a county. Added ...
- Texas Transportation Code Section 171.052 - Creation By Counties And Municipalities
(a) The governing body of one or more counties and the most populous municipality in the most populous county may by concurrent order or ordinance ...
- Texas Transportation Code Section 171.053 - Intermunicipal Commuter Rail District Powers
The governing bodies of the county or counties and of the most populous municipality in the most populous county may provide that the district may ...
- Texas Transportation Code Section 171.054 - District Territory
The district consists of the territory of each county that created the district and the territory of the most populous municipality in the most populous ...
- Texas Transportation Code Section 171.101 - Composition Of Board; Presiding Officer
The board consists of directors, including a presiding officer, as provided in the order or ordinance creating the district under Section 171.052(b). Added by Acts ...
- Texas Transportation Code Section 171.102 - Ex Officio Nonvoting Director; Texas Transportation Commission
The Texas Transportation Commission may appoint to the board a representative to serve as a nonvoting ex officio director. Added by Acts 2005, 79th Leg., ...
- Texas Transportation Code Section 171.103 - Conflict Of Interest
Chapter 171, Local Government Code, governs conflicts of interest for directors. Added by Acts 2005, 79th Leg., ch. 756, § 1, eff. June 17, 2005. ...
- Texas Transportation Code Section 171.151 - Regional Mobility Authority Powers
A district may exercise the transportation project powers of a regional mobility authority under Chapter 370 for a transportation project that is a freight rail ...
- Texas Transportation Code Section 171.152 - General Contract Powers
A district may contract with any person, including: (1) a county or municipality, including a county or municipality that created the district; (2) this state ...
- Texas Transportation Code Section 171.153 - Exercise Of Powers In Other Counties
The commissioners court of a county that is not in the district may authorize the district to exercise its powers in that county if that ...
- Texas Transportation Code Section 171.154 - Intermunicipal Commuter Rail Powers
(a) The district may exercise the powers of an intermunicipal commuter rail district created under Article 6550c-1, Revised Statutes, only if the concurrent order or ...
- Texas Transportation Code Section 171.155 - Municipal Limit On District's Power Of Eminent Domain
If the property to be condemned is located in the corporate limits of one or more municipalities, the district may exercise the power of eminent ...
- Texas Transportation Code Section 171.201 - Agreement With Railroad
(a) Before a district may undertake a freight or commuter rail project that materially affects the tracks, facilities, or other property of a railroad that ...
- Texas Transportation Code Section 171.202 - Preservation Of Regulatory Structure And Ownership Rights
A district project may be conducted only in a manner that preserves the existing rail industry regulatory structure and railroad ownership rights. Added by Acts ...
- Texas Transportation Code Section 171.203 - Competitive Relationships
The district may not undertake a project that changes the existing competitive relationships between and among railroads. Added by Acts 2005, 79th Leg., ch. 756, ...
- Texas Transportation Code Section 171.204 - Service To Customers
The district may not undertake a project that negatively affects a railroad's present or future ability to provide consistent service to its customers. Added by ...
- Texas Transportation Code Section 171.205 - Use Of District Rail Facilities
This chapter does not prohibit the district from authorizing multiple freight railroads to operate on district rail facilities. Added by Acts 2005, 79th Leg., ch. ...
- Texas Transportation Code Section 171.206 - Limitation On Eminent Domain
The power of eminent domain may not be exercised under this chapter to condemn a right-of-way owned by a railroad. Added by Acts 2005, 79th ...
- Texas Transportation Code Section 171.207 - Exception; Grade Separation Projects
This subchapter does not apply to a rail-roadway or rail-rail grade separation project. Added by Acts 2005, 79th Leg., ch. 756, § 1, eff. June ...
- Texas Transportation Code Section 171.251 - Pledge Of Revenues
A district may secure and pledge revenues derived from any source to secure the payment of district bonds. Added by Acts 2005, 79th Leg., ch. ...
- Texas Transportation Code Section 171.252 - Purchase Contracts
Subchapter O, Chapter 60, Water Code, as added by Chapter 307, Acts of the 78th Legislature, Regular Session, 2003, applies to the district as if ...
- Texas Transportation Code Section 171.253 - Ad Valorem And Sales And Use Taxes Prohibited
A district may not impose an ad valorem tax or a sales and use tax. Added by Acts 2005, 79th Leg., ch. 756, § 1, ...
- Texas Transportation Code Section 171.254 - Fees Charged To Railroads
(a) A district may not impose a fee or other charge on a railroad unless the railroad agrees to the fee or other charge. (b) ...
- Texas Transportation Code Section 171.255 - Port Terminal Railroad Association Rail Facilities
The district may not spend money, including money from state or federal grants, to purchase a rail facility operated by a port terminal railroad. Added ...
- Texas Transportation Code Section 171.301 - Withdrawal
(a) A county or municipality that created the district may petition the board for approval to withdraw from the district. The board may approve the ...
- Texas Transportation Code Section 171.302 - Dissolution
In addition to the dissolution procedures provided by Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes), the ...
- Texas Transportation Code Section 201.617 - Mitigation Of Adverse Environmental Impacts
Text of section as added by Acts 2005, 79th Leg., ch. 281, § 2.07 (a) If authorized by an applicable regulatory authority, to mitigate ...
- Texas Transportation Code Section 201.617 - "Welcome To Texas" Signs
Text of section as added by Acts 2005, 79th Leg., ch. 474, § 1 (a) The department may erect a "Welcome to Texas" sign ...
- Texas Transportation Code Section 201.618 - Hydrogen-Fueled Vehicles And Refueling Stations
(a) The department may seek funding from public and private sources to acquire and operate hydrogen-fueled vehicles and to establish and operate hydrogen refueling stations ...
- Texas Transportation Code Section 201.701 - Funds For Emergency Medical Services
(a) If the department receives state or federal highway safety funds that may be used for emergency medical services, the department shall: (1) contract with ...
- Texas Transportation Code Section 201.702 - Disadvantaged Business Program
(a) The department shall: (1) set annual goals for the awarding of state or federally funded contracts, including construction, maintenance, supply, and service contracts, to ...
- Texas Transportation Code Section 201.703 - Expenditures For Roads Not On The Highway System
(a) The department in conjunction with the Federal Highway Administration may spend for the improvement of a road not in the state highway system money ...
- Texas Transportation Code Section 201.704 - Contract For Repair Or Maintenance Of Equipment
(a) The department shall contract with a private entity for the repair or maintenance of highway equipment and passenger cars used by the department if ...
- Texas Transportation Code Section 201.706 - Local Government Assistance
From appropriated funds, the department shall assist counties with materials to repair and maintain county roads. The department shall: (1) provide that the total annual ...
- Texas Transportation Code Section 201.707 - Agreements For Services On Regional Tollway Authority Projects
Notwithstanding Section 201.703(c), the department and a regional tollway authority governed by Chapter 366 may enter into an agreement for the provision by the department, ...
- Texas Transportation Code Section 201.710 - Planning And Funding Of Ports Of Entry
(a) In this section: (1) "Port of entry" means a place designated by executive order of the president of the United States, by order of ...
- Texas Transportation Code Section 201.801 - Information About Department; Complaints
(a) The department shall prepare information of public interest describing the functions of the department and the department's procedures by which a complaint is filed ...
- Texas Transportation Code Section 201.802 - Public Access To Commission And To Department Programs
(a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and speak on any ...
- Texas Transportation Code Section 201.803 - Information For Road Construction And Maintenance
(a) The department shall collect information and compile statistics about the mileage, character, and condition of public roads in each county and the cost of ...
- Texas Transportation Code Section 201.8035 - Inspection Of County And Municipal Bridges
(a) If the department inspects a bridge under the jurisdiction of a county or a municipality and determines that the bridge qualifies for a lower ...
- Texas Transportation Code Section 201.804 - Submission Of Bridge Design Plans To Department
(a) This section applies to any governmental entity of this state that is authorized by law to construct or maintain a public road and that: ...
- Texas Transportation Code Section 201.901 - Prohibiting Use Of Highway Or Road
(a) The commission may prohibit the use of any part of a highway or road under the control of the department by any vehicle that ...
- Texas Transportation Code Section 201.902 - Road Use By Bicyclists
(a) The department shall designate: (1) a statewide bicycle coordinator; and (2) a bicycle coordinator in each regional office. (b) A bicycle coordinator shall assist ...
- Texas Transportation Code Section 201.9025 - Texas Bicycle Tourism Trails
(a) The Texas Department of Transportation Bicycle Advisory Committee shall advise and make recommendations to the commission on the development of bicycle tourism trails in ...
- Texas Transportation Code Section 201.903 - Classification, Designation, And Marking Of Highways
(a) The department may classify, designate, and mark state highways in this state. (b) The department may provide a uniform system of marking and signing ...
- Texas Transportation Code Section 201.904 - Speed Signs
The department shall erect and maintain on the highways and roads of this state appropriate signs that show the maximum lawful speed for commercial motor ...
- Texas Transportation Code Section 201.905 - Traffic Safety Signs
(a) The department may implement a traffic safety program that includes posting signs along the roadside at the 500 sites with the highest number of ...
- Texas Transportation Code Section 201.906 - Multimodal Road Use
(a) The department shall conduct a comprehensive analysis of the multimodal use of roads and highways in the state highway system. The analysis shall include ...
- Texas Transportation Code Section 201.907 - Contract For Enforcement
Text of section as added by Acts 2005, 79th Leg., ch. 281, § 2.09 The department or a public or private entity contracted to ...
- Texas Transportation Code Section 201.907 - Removing Or Covering Signs In Construction Or Maintenance Work Zone
Text of section as added by Acts 2005, 79th Leg., ch. 1086, § 1 (a) In this section, "construction or maintenance work zone" has the ...
- Texas Transportation Code Section 201.931 - Definitions
In this subchapter: (1) "Digital signature" means an electronic identifier intended by the person using it to have the same force and effect as the ...
- Texas Transportation Code Section 201.932 - Application For And Issuance Of License
(a) The commission may by rule provide for the filing of a license application and the issuance of a license by electronic means. (b) The ...
- Texas Transportation Code Section 201.933 - Digital Signature
(a) A license application received by the department is considered signed if a digital signature is transmitted with the application and intended by the applicant ...
- Texas Transportation Code Section 201.934 - Payment Of Fees
The commission may adopt rules regarding the method of payment of a fee for a license issued under this subchapter. The rules may authorize the ...
- Texas Transportation Code Section 201.941 - Definitions
In this subchapter: (1) "Comptroller's certification" means: (A) as to long-term obligations, the certification made under Section 201.943(e); and (B) as to short-term obligations, the ...
- Texas Transportation Code Section 201.942 - Administration Of Fund
The comptroller shall hold the fund, and the commission, through the department, shall manage, invest, use, and administer the fund as provided by this subchapter. ...
- Texas Transportation Code Section 201.943 - Authority To Issue Obligations; Purposes; Limitations
(a) Subject to Subsections (e), (f), and (g), the commission by order or resolution may issue obligations in the name and on behalf of the ...
- Texas Transportation Code Section 201.944 - Pledge Of State's Full Faith And Credit
(a) The commission may guarantee on behalf of the state the payment of any obligations and credit agreements issued under Section 201.943 by pledging the ...
- Texas Transportation Code Section 201.945 - Dedication Of Revenue To Fund
Annually, the revenue of the state that is dedicated or appropriated to the fund pursuant to Section 49-k(e), Article III, Texas Constitution, shall be deposited ...
- Texas Transportation Code Section 201.946 - Investment And Uses Of Money In Fund
(a) Money in the fund may be invested in the investments permitted by law for the investment of money on deposit in the state highway ...
- Texas Transportation Code Section 201.947 - Strategic Plan
The commission may not issue obligations under this subchapter before the department has developed a strategic plan that outlines how the money will be used ...
- Texas Transportation Code Section 201.9471 - Temporary Disposition Of Money Allocated To Fund
Text of section effective until January 1, 2008 (a) Notwithstanding Sections 521.058, 521.313, 521.3466, 521.427, 522.029, 524.051, and 724.046, to the extent that those ...
- Texas Transportation Code Section 201.961 - Definitions
In this subchapter: (1) "Committee" means the cash management committee described in Section 404.122, Government Code. (2) "Credit agreement" has the meaning assigned by Section ...
- Texas Transportation Code Section 201.962 - Notes Authorized; Committee Approval
(a) In anticipation of a temporary cash flow shortfall in the state highway fund during any fiscal year, the commission, subject to the approval of ...
- Texas Transportation Code Section 201.963 - Issuance Of Notes
(a) The commission, consistent with the committee's determination under Section 201.962, may issue, sell, and deliver the notes. (b) Notes issued under this subchapter are ...
- Texas Transportation Code Section 201.964 - Fund Transfers; Interest; Payment Of Notes
(a) The department periodically shall transfer cash received in the state highway fund to the highway tax and revenue anticipation note fund to ensure the ...
- Texas Transportation Code Section 201.971 - Definitions
In this subchapter: (1) "Comptroller's certification" means: (A) as to long-term obligations, the certification made under Section 201.973(e); and (B) as to short-term obligations, the ...
- Texas Transportation Code Section 201.972 - Administration Of Fund
The comptroller shall hold the fund, and the commission, through the department, shall manage, invest, use, and administer the fund as provided by this subchapter. ...
- Texas Transportation Code Section 201.973 - Authority To Issue Obligations; Purposes; Limitations
(a) Subject to Subsections (e), (f), and (g), the commission by order or resolution may issue obligations in the name and on behalf of the ...
- Texas Transportation Code Section 201.974 - Pledge Of State's Full Faith And Credit
(a) The commission may guarantee on behalf of the state the payment of any obligations and credit agreements issued under Section 201.973 by pledging the ...
- Texas Transportation Code Section 201.975 - Dedication Of Revenue To Fund
Annually, the revenue of the state that is dedicated or appropriated to the fund pursuant to Section 49-o(d), Article III, Texas Constitution, shall be deposited ...
- Texas Transportation Code Section 201.976 - Investment And Uses Of Money In Fund
(a) Money in the fund may be invested in the investments permitted by law for the investment of money on deposit in the state highway ...
- Texas Transportation Code Section 201.977 - Strategic Plan
The commission may not issue obligations under this subchapter before the department has developed a strategic plan that outlines how the money will be used ...
- Texas Transportation Code Section 201.978 - Acquisition And Disposal Of Property
(a) The department may acquire by purchase property or an interest in property necessary or convenient for one or more of the purposes for which ...
- Texas Transportation Code Section 202.001 - Administration
(a) The commission may maintain state highways. (b) A county is: (1) not liable for expenses associated with the maintenance of a state highway; and ...
- Texas Transportation Code Section 202.002 - Funds
(a) The commission shall use automobile registration fees in the state highway fund to maintain state highways and may not divert funds from automobile registration ...
- Texas Transportation Code Section 202.021 - Real Property No Longer Needed
(a) The commission may recommend to the governor the sale or transfer of any interest in real property, including a highway right-of-way, that: (1) was ...
- Texas Transportation Code Section 202.022 - Notice Of Sale
Notice of a sale to the general public must be published in the English language: (1) once a week for three consecutive weeks, with the ...
- Texas Transportation Code Section 202.023 - Sale Of Real Property By Bid
(a) A sale to the general public of an interest in real property under this subchapter is by sealed bid and may not be for ...
- Texas Transportation Code Section 202.024 - Exchange Of Real Property
The governor, on the recommendation of the commission, may execute a deed exchanging an interest in real property acquired but not needed for a highway ...
- Texas Transportation Code Section 202.025 - Execution Of Deed: Method
The governor, on the recommendation of the commission, may execute a deed relinquishing and conveying under this subchapter the state's interest in real property as ...
- Texas Transportation Code Section 202.026 - Reconveyance Of Property Acquired For Freeway
(a) The governor, on recommendation of the commission, may execute a deed reconveying the property to the grantor or the grantor's heirs or assigns, if, ...
- Texas Transportation Code Section 202.027 - Reimbursement To County Or Municipality
(a) If real property owned by the state and sold under this subchapter was acquired by a county or municipality and if a part of ...
- Texas Transportation Code Section 202.028 - Correction Of Error Or Ambiguity In Instrument
(a) The governor, on the recommendation of the commission, shall execute and deliver a quitclaim deed, correction deed, or other conveyance necessary to resolve an ...
- Texas Transportation Code Section 202.029 - Rights Of Public Utility Or Common Carrier
Under this subchapter, if the state sells, conveys, or surrenders possession of real property that is being used by a public utility or common carrier ...
- Texas Transportation Code Section 202.030 - Approval Of Transfers
(a) The attorney general must approve a transfer or conveyance that is made under this subchapter if the value of the real property transferred or ...
- Texas Transportation Code Section 202.031 - Expenses
(a) The person requesting the sale of an interest in property or the grantee in a deed issued under this subchapter shall pay expenses incurred ...
- Texas Transportation Code Section 202.032 - Rules
The commission may adopt rules to implement this subchapter and to provide requestor refunds. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 202.033 - Transfer Of Historic Bridge
(a) In this section, "historic bridge" means a bridge that is included on or eligible to be included on the National Register of Historic Places. ...
- Texas Transportation Code Section 202.051 - Definitions
In this subchapter: (1) "Highway asset" means an interest in real property that is held or controlled by the department for a highway or department ...
- Texas Transportation Code Section 202.052 - Lease Authority
(a) The department may lease a highway asset, part of a right-of-way, or airspace above or underground space below a highway that is a part ...
- Texas Transportation Code Section 202.053 - Lease Of Highway Assets: Terms
(a) The department may determine all terms of the lease except: (1) a tenant may not be required to post a bond or security for ...
- Texas Transportation Code Section 202.054 - Revenue From Leases
The department shall deposit payments received under a lease under this subchapter to the credit of the state highway fund. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 202.055 - Lease Of Rest Areas
(a) The department may lease a rest area to a person engaging in sales, services, or other commercial activities that serve the needs of the ...
- Texas Transportation Code Section 202.056 - Certain Oil And Gas Leases Prohibited
The commission may not enter into an oil and gas lease for real property owned by the state that was acquired to construct or maintain ...
- Texas Transportation Code Section 202.057 - Conveyance Of Easement Or Interest For Flood Control
(a) The commission may, on request of an officer of the United States or the county judge of an affected county, convey without monetary consideration ...
- Texas Transportation Code Section 202.058 - Agreement To Use Or Cultivate Right-Of-Way
(a) The department may agree with the owner of real property abutting or adjoining property acquired by the department for the right-of-way of a road ...
- Texas Transportation Code Section 202.059 - Mowing, Baling, Shredding, And Hoeing Material On Right-Of-Way
(a) A department district engineer, on request of a person, may, but is not required to, permit the person to mow, bale, shred, or hoe ...
- Texas Transportation Code Section 202.060 - Living Logos; Pilot Project
(a) The commission may adopt rules implementing a pilot project for the leasing of state highway right-of-way, subject to any applicable federal regulation of outdoor ...
- Texas Transportation Code Section 202.081 - Definition
In this subchapter "reclaimed asphalt pavement" means hot mix asphalt pavement and any accompanying tack coat, seal coat, or chip seal removed as millings or ...
- Texas Transportation Code Section 202.082 - Disposal Of Asphalt
(a) The department shall dispose of all reclaimed asphalt pavement from a road in the state highway system in the most cost-effective and environmentally sensitive ...
- Texas Transportation Code Section 202.091 - Definition
In this subchapter, "telecommunications" means any transmission, emission, or reception of signs, signals, writings, images, or sounds of intelligence of any nature by wire, radio, ...
- Texas Transportation Code Section 202.092 - Use Of Department Facilities
Notwithstanding any other law, a telecommunications provider may not place or maintain its facilities or otherwise use improvements, including structures, medians, conduits, or telecommunications equipment ...
- Texas Transportation Code Section 202.093 - Agreement
(a) Notwithstanding any other law, the department may enter into an agreement with a telecommunications provider allowing the provider, for the provider's commercial purposes, to: ...
- Texas Transportation Code Section 202.094 - Competitive Sealed Proposal
(a) Before entering into an agreement with a telecommunications provider under this subchapter, the department shall follow a procedure using competitive sealed proposals. (b) The ...
- Texas Transportation Code Section 202.095 - Applicability
(a) Subtitle D, Title 10, Government Code, does not apply to a procurement under this subchapter. (b) This subchapter does not limit a telecommunications provider ...
- Texas Transportation Code Section 202.096 - Revenue
The department shall deposit in the state highway fund any revenue received under this subchapter. Added by Acts 1997, 75th Leg., ch. 1171, § 1.20, ...
- Texas Transportation Code Section 202.097 - Rulemaking
The commission shall adopt rules for the implementation of this subchapter. Added by Acts 1997, 75th Leg., ch. 1171, § 1.20, eff. Sept. 1, 1997. ...
- Texas Transportation Code Section 202.111 - Definition
In this subchapter, "advance acquisition" means an acquisition by the commission under Section 202.112. Added by Acts 2003, 78th Leg., ch. 1325, § 3.02, eff. ...
- Texas Transportation Code Section 202.112 - Advance Acquistions
(a) The commission may purchase an option to acquire property for possible use in or in connection with a transportation facility, including a facility as ...
- Texas Transportation Code Section 202.113 - Disposal Of Surplus Property
The commission shall dispose of property acquired by advance acquisition that is not needed for a transportation facility in the manner provided by Subchapter B. ...
- Texas Transportation Code Section 202.114 - Management
If requested by the department, property acquired by advance acquisition may be managed by the General Land Office on behalf of the department as the ...
- Texas Transportation Code Section 203.001 - Definitions
In this chapter: (1) "Controlled access highway" means a designated state highway to or from which access is denied or controlled, in whole or in ...
- Texas Transportation Code Section 203.002 - Modern State Highway System
(a) To promote public safety, facilitate the movement of traffic, preserve the public's financial investment in highways, promote the national defense, and accomplish the purposes ...
- Texas Transportation Code Section 203.003 - Jurisdiction
(a) Subject to Section 203.021, the commission may lay out, construct, maintain, and operate a designated state highway, with control of access as necessary to ...
- Texas Transportation Code Section 203.021 - Public Hearings
(a) For a highway project that bypasses or goes through a county or municipality, including a home-rule municipality, the commission shall hold at least one ...
- Texas Transportation Code Section 203.022 - Rules Governing Notice And Comment
(a) The department shall by rule provide owners of adjoining property and affected local governments and public officials with notice and an opportunity for comment ...
- Texas Transportation Code Section 203.031 - Control Of Access
(a) The commission, by order entered in its minutes, may: (1) designate a state highway of the designated state highway system as a controlled access ...
- Texas Transportation Code Section 203.032 - Precedence Of Commission Order
(a) Except as provided by Subsection (b), an order of the commission under Section 203.031 supersedes a conflicting rule or ordinance of a state agency ...
- Texas Transportation Code Section 203.033 - Injunction Against Denial Of Access
A court may not grant an injunction to prevent or stay a commission order of denial of previously existing access to a state highway unless ...
- Texas Transportation Code Section 203.034 - Right To Access; Damages For Denial Of Access
(a) An owner of real property adjoining a new controlled access highway location is not entitled to access to the new highway location as a ...
- Texas Transportation Code Section 203.051 - Acquisition Of Property Authorized
(a) The commission may acquire by purchase, on terms and conditions the commission considers proper or by the exercise of eminent domain, in the name ...
- Texas Transportation Code Section 203.052 - Commission Determination Required
(a) The commission may acquire an interest in real property, a property right, or a material under Section 203.051 only if the commission determines that ...
- Texas Transportation Code Section 203.0521 - Acquisition Of Remainder
(a) If a proposed acquisition of a tract of real property under Section 203.052 would leave the owner of the property a remainder of the ...
- Texas Transportation Code Section 203.053 - Location Of Property Acquired; Public Property
(a) The authorization under this subchapter to purchase or exercise the power of eminent domain is not affected by the location of the real property, ...
- Texas Transportation Code Section 203.054 - Attorney General Shall Bring Suit
(a) Except as provided by Subsection (b), the attorney general, at the request of the commission, shall bring and prosecute a condemnation suit of the ...
- Texas Transportation Code Section 203.055 - Acquisition Of Rights In Public Real Property
(a) The governing body of a political subdivision or public agency that owns or is in charge of public real property may consent to the ...
- Texas Transportation Code Section 203.056 - Consent To Use Of State Property
(a) The commission may use real property owned by the state, including submerged real property, that the commission could acquire under this subchapter for highway ...
- Texas Transportation Code Section 203.057 - Cooperation Of State Agency
(a) The commission shall advise and make arrangements with the state agency that has jurisdiction over the state-owned real property to accomplish the purpose of ...
- Texas Transportation Code Section 203.058 - Compensation For State Agency
(a) If the acquisition of real property, property rights, or material by the department from a state agency under this subchapter will deprive the agency ...
- Texas Transportation Code Section 203.059 - Purchase Of Lease Rights
(a) Before acquiring property under this subchapter, the department may purchase the right to lease the property to a third party. (b) The department may ...
- Texas Transportation Code Section 203.060 - Payment Procedure
The comptroller may issue a warrant on the appropriate account to pay for real property or an interest in real property when presented with a ...
- Texas Transportation Code Section 203.061 - Payment Procedure If Owner Fails To Deliver Executed Deed; Escrow
(a) If the owner of property acquired by the department under this subchapter fails to deliver an executed deed before payment of consideration, the comptroller ...
- Texas Transportation Code Section 203.062 - Payment For Real Property Acquired By Eminent Domain
(a) If the department acquires real property through the exercise of the power of eminent domain, the comptroller may issue a warrant as required by ...
- Texas Transportation Code Section 203.063 - Payment Procedures In Addition To Other Procedures Authorized By Law
The payment procedures specified by Sections 203.060, 203.061, and 203.062 are in addition to any other procedure or method authorized for the issuance of a ...
- Texas Transportation Code Section 203.064 - Acquisition Of Freeway By Gift Or Devise
(a) The commission may acquire by gift or devise a property necessary to lay out, construct, maintain, or operate a section of a state highway ...
- Texas Transportation Code Section 203.065 - Acquisition Of Freeway By County Commissioners Court
(a) A county commissioners court may acquire by gift, devise, purchase, or condemnation a property necessary to lay out, construct, maintain, or operate a section ...
- Texas Transportation Code Section 203.066 - Declaration Of Taking For Toll Project
(a) This section and Section 203.067 apply only to a taking for a toll project. (b) The department may file a declaration of taking with ...
- Texas Transportation Code Section 203.067 - Possession Of Property For Toll Project
(a) Immediately on the filing of a declaration of taking under Section 203.066, the department shall serve a copy of the declaration on each person ...
- Texas Transportation Code Section 203.068 - Right Of Entry For Toll Project
(a) The department and its authorized agents may enter any real property, water, or premises in this state to make a survey, sounding, drilling, or ...
- Texas Transportation Code Section 203.069 - Covenants, Conditions, Restrictions, Or Limitations
Covenants, conditions, restrictions, or limitations affecting property acquired in any manner by the department are not binding against the department and do not impair the ...
- Texas Transportation Code Section 203.091 - Definition
In this subchapter, "utility" includes a publicly, privately, or cooperatively owned utility that provides telephone, telegraph, communications, electric, gas, heating, water, railroad, storm sewer, sanitary ...
- Texas Transportation Code Section 203.092 - Reimbursement For Relocation Of Utility Facilities
(a) A utility shall make a relocation of a utility facility at the expense of this state if relocation of the utility facility is required ...
- Texas Transportation Code Section 203.0921 - Department Relocation Of Utility Facilities For Essential Highway Improvement
(a) At the discretion of the department, the department may cause a utility to relocate a utility facility, or make a relocation of a utility ...
- Texas Transportation Code Section 203.093 - Reimbursement From State Highway Fund
(a) Reimbursement of the cost of relocation of the utility facility, as required by Section 203.092, may be made from the state highway fund to ...
- Texas Transportation Code Section 203.0935 - Timely Agreement
(a) If the department determines that a facility of a utility must be relocated to accommodate an improvement to the state highway system, the utility ...
- Texas Transportation Code Section 203.094 - Timely Relocation
(a) A utility that is eligible for reimbursement under Section 203.092 or that is eligible for reimbursement under applicable law and the policies of the ...
- Texas Transportation Code Section 203.0941 - Utility Relocation Eligible For Financial Assistance From Water Development Board
(a) The relocation of a utility facility required by improvement of any segment of the state highway system, for which a political subdivision receives financial ...
- Texas Transportation Code Section 203.095 - Rules
The department shall adopt rules to implement this subchapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 203.111 - Lease For Parking Purposes
(a) The commission may lease for parking purposes real property beneath an elevated section of a freeway located on real property for which the commission ...
- Texas Transportation Code Section 204.001 - Information For Public; Maps
(a) To provide information relating to highway construction, repair, and maintenance and to advertise and attract traffic to the highways of this state, the department ...
- Texas Transportation Code Section 204.002 - Charge For Materials
(a) The department shall provide a single copy of a document or map distributed under Section 204.001 without charge. (b) The department by rule may: ...
- Texas Transportation Code Section 204.003 - Travel Information Centers
The department shall maintain and operate travel information centers at the principal gateways to this state to provide highway information, travel guidance, and descriptive material ...
- Texas Transportation Code Section 204.004 - Payment Of Costs
The department may pay from highway revenues the cost, including the administration and operation cost, of: (1) developing, publishing, and distributing material; and (2) maintaining ...
- Texas Transportation Code Section 204.005 - Purchase Of Broadcasting And Periodical Advertising
The department may purchase advertising space in a periodical of national circulation and time on a broadcasting facility from money appropriated from the general revenue ...
- Texas Transportation Code Section 204.006 - Contracts For Advertising, Movies, And Photographs
(a) The department may enter into a contract with: (1) a recognized and financially responsible advertising agency that has at least five years' experience handling ...
- Texas Transportation Code Section 204.007 - Private Contributions
(a) The department may accept a contribution from a private source for a purpose under Sections 204.001-204.006. (b) The department may deposit the contribution in ...
- Texas Transportation Code Section 204.008 - Production, Marketing, And Distribution Contracts
(a) The department may contract with a private entity to produce, market, and distribute material published under Sections 204.001-204.006 on the terms, including terms providing ...
- Texas Transportation Code Section 204.009 - Sale Of Promotional Items
(a) The department may sell promotional items such as calendars, books, prints, caps, light clothing, or other items approved by the commission that advertise the ...
- Texas Transportation Code Section 204.010 - Travel Magazine
(a) The department shall publish the official travel magazine of this state, "Texas Highways." (b) The department shall set subscription rates and other charges for ...
- Texas Transportation Code Section 204.011 - Subscriber Or Purchaser Information
(a) Except as provided by this section or a rule adopted by the commission under this section, the department may not disclose to any person ...
- Texas Transportation Code Section 221.001 - Definitions
In this subtitle: (1) "Highway" includes a tolled or nontolled public road or part of a tolled or nontolled public road and a bridge, culvert, ...
- Texas Transportation Code Section 221.002 - Agreements With Municipalities
The commission and the governing body of a municipality, including a home-rule municipality, may agree to: (1) provide for the location, relocation, improvement, control, supervision, ...
- Texas Transportation Code Section 221.003 - Improvement Of State Highway System
(a) Improvement of the state highway system with federal aid shall be made under the exclusive and direct control of the department and with appropriations ...
- Texas Transportation Code Section 222.001 - Use Of State Highway Fund
Money that is required to be used for public roadways by the Texas Constitution or federal law and that is deposited in the state treasury ...
- Texas Transportation Code Section 222.002 - Use Of State Highway Fund For Department Functions
Money in the state highway fund that is not required to be spent for public roadways by the Texas Constitution or federal law may be ...
- Texas Transportation Code Section 222.003 - Issuance Of Bonds Secured By State Highway Fund
(a) The commission may issue bonds and other public securities secured by a pledge of and payable from revenue deposited to the credit of the ...
- Texas Transportation Code Section 222.031 - Use Of Federal Aid For Road Construction
Money appropriated by the United States for public road construction in this state may be spent only by and under the supervision of the department. ...
- Texas Transportation Code Section 222.032 - Use Of Federal Aid For Toll Bridge Construction
(a) The department may: (1) cooperate with the United States Secretary of Transportation in the construction of a toll bridge under 23 U.S.C. Section 129; ...
- Texas Transportation Code Section 222.033 - Interstate Toll Bridges
(a) Section 222.032 applies to a bridge over a stream forming the boundary of this state and an adjoining state. (b) If the bridge is ...
- Texas Transportation Code Section 222.034 - Distribution Of Federal Funds
(a) Federal aid for transportation purposes that is administered by the commission shall be distributed to the various parts of the state for a funding ...
- Texas Transportation Code Section 222.035 - Private Activity Bonds
(a) In this section, "private activity bond" has the meaning assigned by Section 141(a), Internal Revenue Code of 1986. (b) If the attorney general makes ...
- Texas Transportation Code Section 222.051 - Local Financing And Reimbursement
(a) A governmental unit that has the authority to build roads may finance the construction of an approved project for the state highway system. (b) ...
- Texas Transportation Code Section 222.052 - Local Contributions
(a) The governing body of a political subdivision of this state may contribute funds to be spent by the commission in the development and construction ...
- Texas Transportation Code Section 222.053 - Relief From Local Matching Funds Requirement
(a) In this section, "economically disadvantaged county" means a county that has, in comparison to other counties in the state: (1) below average per capita ...
- Texas Transportation Code Section 222.071 - Definitions
In this subchapter: (1) "Bank" means the state infrastructure bank account. (2) "Construction" has the meaning assigned by 23 U.S.C. Section 101. (3) "Federal act" ...
- Texas Transportation Code Section 222.072 - State Infrastructure Bank
(a) The state infrastructure bank is an account in the state highway fund. The bank is administered by the commission. (b) Federal funds received by ...
- Texas Transportation Code Section 222.073 - Purposes Of Infrastructure Bank
Notwithstanding Section 222.001, the commission shall use money deposited in the bank to: (1) encourage public and private investment in transportation facilities both within and ...
- Texas Transportation Code Section 222.074 - Form Of Assistance
(a) To further a purpose described by Section 222.073, the commission may use money deposited to the credit of the bank to provide financial assistance ...
- Texas Transportation Code Section 222.0745 - Incurrence Of Debt By Public Entity
(a) A public entity in this state, including a municipality, county, district, authority, agency, department, board, or commission, that is authorized by law to construct, ...
- Texas Transportation Code Section 222.075 - Revenue Bonds
(a) The commission may issue revenue bonds for the purpose of providing money for the bank. (b) Except as provided by Subsection (c), the commission ...
- Texas Transportation Code Section 222.076 - Separate Subaccounts
(a) The bank shall consist of at least two separate subaccounts, a highway subaccount and a transit subaccount. (b) In addition to the subaccounts under ...
- Texas Transportation Code Section 222.077 - Repayment Terms; Deposit Of Repayments; Investment Income
(a) Any funds disbursed through the state infrastructure bank must be repaid on terms determined by the commission. The terms must comply with the federal ...
- Texas Transportation Code Section 222.101 - Expenditure Of Money
The department may spend money from any source for the construction, maintenance, and operation of toll facilities. Added by Acts 1997, 75th Leg., ch. 1171, ...
- Texas Transportation Code Section 222.103 - Cost Participation
(a) The department may participate, by spending money from any available source, in the cost of the acquisition, construction, maintenance, or operation of a toll ...
- Texas Transportation Code Section 222.104 - Pass-Through Tolls
(a) In this section, "pass-through toll" means a per vehicle fee or a per vehicle mile fee that is determined by the number of vehicles ...
- Texas Transportation Code Section 222.1045 - Contracts Of Certain Public Entities
(a) In this section, "public entity" means a municipality, county, regional mobility authority, or regional tollway authority. (b) A public entity may contract with a ...
- Texas Transportation Code Section 223.001 - Contract Requiring Competitive Bids
The department shall submit for competitive bids each contract for: (1) the improvement of a highway that is part of the state highway system; or ...
- Texas Transportation Code Section 223.002 - Notice By Publication
(a) The department shall publish notice of the time and place at which bids on a contract will be opened and the contract awarded. (b) ...
- Texas Transportation Code Section 223.003 - Notice By Mail
(a) A person may apply to have the name of the person placed on a mailing list to receive notice of any proposed contracts. (b) ...
- Texas Transportation Code Section 223.004 - Filing, Opening, And Rejection Of Bids
(a) Except as provided by Section 223.005, a bid submitted under this subchapter must be sealed and filed with the director or the director's designee ...
- Texas Transportation Code Section 223.0041 - Award Of Contracts
(a) Except as provided by Section 223.005, all bids received and not rejected by the department shall be tabulated and forwarded to the commission. (b) ...
- Texas Transportation Code Section 223.0042 - Contract Information On Internet Website
The department shall make available on the department's Internet website a listing describing each contract awarded by the commission for a highway construction project. The ...
- Texas Transportation Code Section 223.005. BIDS ON CONTRACTS INVOLVING LESS THAN
$300,000. (a) The commission by rule may allow bids on a contract
estimated by the department to involve an amount less than $300,000
to be filed with the district engineer at the headquarters for the
district in which the improvement is to be made and opened and read
at a public meeting held by the district engineer or the district
engineer's designee.
(b) The commission may delegate to the director or the
director's designee the right to:
(1) accept or reject bids received, subject to Section
223.045; and
(2) award a contract to the lowest bidder.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept - 1, 1995
Amended by Acts 1997, 75th Leg., ch. 165, § 30.13(d), eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 82, § 2, eff. Aug. 30, ...
- Texas Transportation Code Section 223.006 - Contractor's Bond
A successful bidder under this subchapter shall post a bond in an amount provided by law conditioned on the faithful compliance with the bidder's bid ...
- Texas Transportation Code Section 223.007 - Contracts
(a) The commission shall prescribe the form of the contract and may include any matter the commission considers advantageous to the state. (b) Contract forms ...
- Texas Transportation Code Section 223.008 - No Liability In Excess Of Available Funds
A contract may not be made under this subchapter that will create a liability on the state in excess of funds available for that purpose ...
- Texas Transportation Code Section 223.009 - Partial Payment
A contract may provide for partial payments to the contractor. The aggregate amount of payments at any time may not exceed 95 percent of the ...
- Texas Transportation Code Section 223.010 - Deposit And Investment Of Retained Amount
(a) Five percent of the contract price shall be retained until the entire improvement has been completed and accepted, except as provided by Subsections (h) ...
- Texas Transportation Code Section 223.011 - Partial Payment Exception: Maintenance And Preconstruction Contracts
The limitation on partial payments provided by Section 223.009 and the retainage requirement under Section 223.010(a) do not apply to a contract for: (1) maintenance; ...
- Texas Transportation Code Section 223.012 - Contractor Performance
(a) The department shall: (1) develop a schedule for liquidated damages that accurately reflects the costs associated with project completion delays, including administrative and travel ...
- Texas Transportation Code Section 223.013 - Electronic Bidding System
(a) The department may establish an electronic bidding system for highway construction and maintenance contracts. (b) The system must permit a qualified vendor to electronically ...
- Texas Transportation Code Section 223.014 - Bid Guaranty
(a) The commission by rule shall provide a method by which a bidder may submit a bid guaranty. A rule may authorize the use of ...
- Texas Transportation Code Section 223.015 - Deposit And Investment Of Bid Guaranty
(a) The department may authorize the use of a trust account for the purpose of providing a required bid guaranty. (b) The guaranty shall be ...
- Texas Transportation Code Section 223.016 - Form Of Proposal Guaranty
If the department by rule requires a proposal guaranty as a condition of bidding for a contract, the guaranty may be in the form of: ...
- Texas Transportation Code Section 223.041 - Engineering And Design Contracts
(a) The department shall use private sector engineering-related services to assist in accomplishing its activities in providing transportation projects. For the purpose of this section, ...
- Texas Transportation Code Section 223.042 - Privatization Of Maintenance Contracts
(a) Of the amount spent in a fiscal year by the department for maintenance projects, the department shall spend not less than 50 percent through ...
- Texas Transportation Code Section 223.043 - Citizen's Preference In Employment
In a contract for the construction, maintenance, or improvement of a designated state highway, the department may require that a citizen of the United States ...
- Texas Transportation Code Section 223.044 - Inmate Labor Or Labor Of Persons Placed On Community Supervision For Improvement Projects
(a) The commission may authorize the department to contract with a criminal justice agency or a private correctional facility for the provision of inmate labor ...
- Texas Transportation Code Section 223.045 - Steel Preference Provisions In Improvement Contracts
A contract awarded by the department for the improvement of the state highway system without federal aid must contain the same preference provisions for steel ...
- Texas Transportation Code Section 223.046 - Use Of Fly Ash And Bottom Ash For Road Construction
Design standards, guidelines, and specifications of the department, a county, or a municipality shall require that contract specifications for a road construction project allow for ...
- Texas Transportation Code Section 223.047 - Preference For Rubberized Asphalt Paving Made From Scrap Tires
(a) If the department, a county, or a municipality uses rubberized asphalt paving, the department, county, or municipality shall use scrap tires converted to rubberized ...
- Texas Transportation Code Section 223.048 - Time Of Payment
The department may not pay a contractor for highway improvement, construction, or maintenance before the 10th day of the month after the month in which ...
- Texas Transportation Code Section 223.101 - Definitions
In this subchapter: (1) "Highway emergency" means a situation or condition of a designated state highway that: (A) poses an imminent threat to life or ...
- Texas Transportation Code Section 223.102 - Award Of Emergency Highway Improvement Contract
As an alternative to the procedure provided by Subchapter A, in a highway emergency the department may award a highway improvement contract in accordance with ...
- Texas Transportation Code Section 223.103 - Certification Of Emergency
(a) Before awarding a contract under this subchapter, the director or a person the director designates must certify in writing a description of the highway ...
- Texas Transportation Code Section 223.104 - Contract Requirements
(a) A contract awarded under this subchapter must: (1) be in the name of the state; (2) be signed by the director or a person ...
- Texas Transportation Code Section 223.105 - Notification Of Commission
Not later than the fifth working day after the date on which the contract is awarded, the director shall notify in writing each member of ...
- Texas Transportation Code Section 223.151 - Applicability
This subchapter: (1) applies to services of a technical expert, including an archeologist, biologist, geologist, or historian, to conduct an environmental or cultural assessment required ...
- Texas Transportation Code Section 223.152 - Determination By Department
The department may use competitive sealed proposals to obtain services under this subchapter if the department determines that competitive sealed bidding or informal competitive bidding ...
- Texas Transportation Code Section 223.153 - Solicitation Of Proposals
The department shall solicit proposals under this subchapter using the procedure by which the department procures services under Subchapter A, Chapter 2254, Government Code. Added ...
- Texas Transportation Code Section 223.154 - Opening Of Proposals; Disclosure Of Information
(a) The department: (1) shall open each proposal received under this subchapter so as to avoid disclosure of contents to competing offerors during the process ...
- Texas Transportation Code Section 223.155 - Discussions With Offerors
(a) As provided in a request for proposals and under rules adopted by the commission, the department may discuss an acceptable or potentially acceptable proposal ...
- Texas Transportation Code Section 223.156 - Award Of Contract
(a) Except as provided by Subsection (c), the department shall make a written award of a contract under this subchapter to the offeror whose proposal ...
- Texas Transportation Code Section 223.157 - Rules
The department may adopt rules to implement this subchapter. Added by Acts 1997, 75th Leg., ch. 165, § 30.15(a), eff. Sept. 1, 1997. ...
- Texas Transportation Code Section 223.201 - Authority
(a) Subject to Section 223.202, the department may enter into a comprehensive development agreement with a private entity to design, develop, finance, construct, maintain, repair, ...
- Texas Transportation Code Section 223.202 - Limitation On Department Financial Participation
The amount of money disbursed by the department from the state highway fund and the Texas mobility fund during a federal fiscal year to pay ...
- Texas Transportation Code Section 223.203 - Process For Entering Into Comprehensive Development Agreements
(a) If the department enters into a comprehensive development agreement, the department shall use a competitive procurement process that provides the best value for the ...
- Texas Transportation Code Section 223.204 - Confidentiality Of Information
(a) To encourage private entities to submit proposals under this subchapter, the following information is confidential, is not subject to disclosure, inspection, or copying under ...
- Texas Transportation Code Section 223.205 - Performance And Payment Security
(a) Notwithstanding Section 223.006 and the requirements of Subchapter B, Chapter 2253, Government Code, the department shall require a private entity entering into a comprehensive ...
- Texas Transportation Code Section 223.206 - Ownership Of Highway
(a) A state highway or another facility described by Section 223.201(a) that is the subject of a comprehensive development agreement with a private entity, including ...
- Texas Transportation Code Section 223.207 - Liability For Private Obligations
The department may not incur a financial obligation for a private entity that designs, develops, finances, constructs, maintains, or operates a state highway or other ...
- Texas Transportation Code Section 223.208 - Terms Of Private Participation
(a) The department shall negotiate the terms of private participation under this subchapter, including: (1) methods to determine the applicable cost, profit, and project distribution ...
- Texas Transportation Code Section 223.209 - Rules, Procedures, And Guidelines Governing Selection And Negotiating Process
(a) The commission shall adopt rules, procedures, and guidelines governing selection of a developer for a comprehensive development agreement and negotiations to promote fairness, obtain ...
- Texas Transportation Code Section 224.001 - Acquisition By Department
The department shall acquire by purchase, gift, or eminent domain any right-of-way necessary for the national system of interstate and defense highways. Acts 1995, 74th ...
- Texas Transportation Code Section 224.002 - Acquisition By County Or Municipality Generally
(a) A county or municipality shall acquire, in the manner provided by law, the highway right-of-way that is requested by the department. (b) Chapter 21, ...
- Texas Transportation Code Section 224.003 - Acquisition By Commissioners Court
(a) The commissioners court of a county may acquire by purchase or eminent domain any real property, including a right-of-way, or material, including timber, earth, ...
- Texas Transportation Code Section 224.004 - State's Use Of Eminent Domain
(a) If the commissioners court does not acquire a right-of-way under Section 224.003, the commission shall immediately serve the commissioners court with an order identifying ...
- Texas Transportation Code Section 224.005 - Participation By Department
(a) In the acquisition of a right-of-way requested by the department in cooperation with local officials for a highway designated by the commission as a ...
- Texas Transportation Code Section 224.006 - Payment To County Or Municipality
(a) On delivery to the department of acceptable instruments conveying to the state the requested right-of-way, the department shall prepare and transmit to the comptroller ...
- Texas Transportation Code Section 224.007 - Purchase Of Lease Rights
(a) Before acquiring property under this subchapter, the department may purchase the right to lease the property to a third party. (b) The department may ...
- Texas Transportation Code Section 224.008 - Utility Relocation Costs
In the acquisition of a highway right-of-way by or for the department, the cost of relocating or adjusting utility facilities, which cost may be eligible ...
- Texas Transportation Code Section 224.031 - Duty Of Department
(a) The department has exclusive and direct control of all improvement of the state highway system. (b) The department shall prepare and pay for surveys, ...
- Texas Transportation Code Section 224.032 - Duty Of Commission
(a) In the development and maintenance of the state highway system, the commission shall provide for the: (1) efficient maintenance of the system; (2) construction, ...
- Texas Transportation Code Section 224.033 - County Improvement Of State System
(a) The commission may enter into an agreement with the commissioners court of a county for the improvement by the county of the state highway ...
- Texas Transportation Code Section 224.061 - Definitions
In this subchapter: (1) "Construction" includes improvement. (2) "Highway" includes an improvement to a highway. (3) "Improvement" includes landscaping. Acts 1995, 74th Leg., ch. 165, ...
- Texas Transportation Code Section 224.062 - Authority To Contract
The commission may contract with a transportation corporation created by the commission under Chapter 431 for the purpose of acquiring highways to be constructed by ...
- Texas Transportation Code Section 224.063 - Sufficiency Of Funds
(a) Before contracting under this subchapter, the commission shall determine that it will have sufficient funds available in the year of acquisition to meet its ...
- Texas Transportation Code Section 224.064 - Terms And Conditions
(a) The commission shall determine the terms of a contract under this subchapter. (b) The contract may not extend for a period of more than ...
- Texas Transportation Code Section 224.065 - Construction Management Services
(a) The commission may contract with a transportation corporation constructing a highway for the commission to supervise the construction of the highway and provide construction ...
- Texas Transportation Code Section 224.066 - Additional Powers
In addition to the powers granted under this subchapter, the commission has any other power that is reasonable and necessary to allow it to contract ...
- Texas Transportation Code Section 224.091 - Detour Road Required
(a) If construction on a part of the state highway system causes the closing of a road to traffic, the department shall select, improve, and ...
- Texas Transportation Code Section 224.092 - Duties Of Commission
The commission shall provide for the: (1) equipment and maintenance of a detour road in a manner adequate for the convenience and safety of normal ...
- Texas Transportation Code Section 224.093 - Duty Of County
A county shall cooperate with the commission as necessary to adequately provide for the traffic requirements of the public in the selection and maintenance of ...
- Texas Transportation Code Section 224.121 - Condition For Implementation
The department may implement this subchapter only if: (1) another state has enacted a statute providing for the acquisition, construction, and maintenance of a bridge ...
- Texas Transportation Code Section 224.122 - Interstate Bridge Authorized
The department may spend or allocate aid from any available money to acquire, construct, or maintain a bridge across a stream that is a boundary ...
- Texas Transportation Code Section 224.123 - Authority To Contract
The department by the authority of the governor may agree with appropriate departments of an adjoining state and the United States to implement this subchapter ...
- Texas Transportation Code Section 224.151 - Definitions
In this subchapter: (1) "Congestion" means the level at which transportation system performance is no longer acceptable because of traffic interference. The level of acceptable ...
- Texas Transportation Code Section 224.152 - Purpose
(a) Subject to the availability of state and federal funds, it is the intent of the legislature to further the purposes of the United States ...
- Texas Transportation Code Section 224.153 - High Occupancy Vehicle Lanes Authorized
(a) The department may finance, designate, design, construct, operate, or maintain one or more lanes on a multi-lane highway facility as dedicated high occupancy vehicle ...
- Texas Transportation Code Section 224.1541 - Exclusive Lanes
(a) The commission by order may designate and the department may finance, design, construct, operate, or maintain one or more lanes of a state highway ...
- Texas Transportation Code Section 224.1542 - Police And Emergency Vehicles
A restriction imposed on a restricted lane under this subchapter does not apply to a police vehicle or an authorized emergency vehicle as defined by ...
- Texas Transportation Code Section 224.1543 - Traffic Control Devices
(a) The department shall erect and maintain official traffic control devices necessary to implement and ensure compliance with lane restrictions designated under this subchapter. The ...
- Texas Transportation Code Section 224.159 - Adoption Of Rules; Prescribe Forms
The commission shall adopt rules and prescribe forms to administer this subchapter. Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1, ...
- Texas Transportation Code Section 225.001 - Prohibition On Naming Highway
The commission may not designate a part of the highway system, including a bridge or street, by a name, including the name of a living ...
- Texas Transportation Code Section 225.002 - Memorial Designation Of Highway By Local Government
(a) A local government may assign a memorial or other identifying designation to a part of the highway system. (b) A part of the highway ...
- Texas Transportation Code Section 225.003 - Application For And Site Selection Of Memorial Marker
(a) A local government planning a memorial designation must submit an application to the director completely describing: (1) the nature and objectives of the designation; ...
- Texas Transportation Code Section 225.004 - Memorial Marker
(a) A local government may purchase and furnish to the department a suitable locally identifying memorial marker. (b) If the director approves the size and ...
- Texas Transportation Code Section 225.005 - Designation Of Historical Route
(a) The department shall mark with a historical name a farm-to-market or ranch road that follows a historical route if: (1) a county historical commission ...
- Texas Transportation Code Section 225.006 - Effect On Other Laws
This subchapter does not: (1) supersede or conflict with an existing statute regulating the marking of a road or street; or (2) void or supersede ...
- Texas Transportation Code Section 225.021 - General Provisions
(a) The department shall repair and replace each marker required by this subchapter and maintain the grounds for the marker. (b) The department may accept ...
- Texas Transportation Code Section 225.022 - Texas Vietnam Veterans Memorial Highway
(a) To honor the Texas citizens who served in the United States armed forces during the Vietnam War, the part of U.S. Highway 83 located ...
- Texas Transportation Code Section 225.0225 - Purple Heart Trail
(a) The part of Interstate Highway 35 located in Texas is the Texas portion of the national Purple Heart Trail. (b) The department shall design ...
- Texas Transportation Code Section 225.023 - Nolan Ryan Expressway
(a) The part of State Highway 288 between the Brazoria County line and Freeport is the Nolan Ryan Expressway. (b) The department shall design and ...
- Texas Transportation Code Section 225.024 - Sam Houston Parkway
(a) Beltway 8 in Harris County is the Sam Houston Parkway. (b) The department shall construct markers indicating the designation as the Sam Houston Parkway ...
- Texas Transportation Code Section 225.025 - Senator Lloyd Bentsen Highway
(a) The part of U.S. Highway 59 from its intersection with Interstate Highway 45 to its intersection with Interstate Highway 35 is the Senator Lloyd ...
- Texas Transportation Code Section 225.026 - Farm-To-Market Road 390; Scenic Highway
(a) Farm-to-Market Road 390 in Washington County is a scenic highway. (b) The department shall design and construct markers indicating the highway number, the designation ...
- Texas Transportation Code Section 225.027 - 10th Mountain Division Highway
(a) The 10th Mountain Division Memorial Highway is: (1) the part of U.S. Highway 290 from Interstate Highway 35 to State Highway 95; (2) the ...
- Texas Transportation Code Section 225.0274 - 173d Airborne Brigade Memorial Highway
(a) State Highway 173 between its intersection with State Highway 16 near Kerrville and its intersection with State Highway 16 near Jourdanton is designated as ...
- Texas Transportation Code Section 225.0275 - 90th Infantry Division Highway
(a) The 90th Infantry Division Memorial Highway is the part of U.S. Highway 90 in Bexar County from Interstate Highway Loop 410 to Farm-to-Market Road ...
- Texas Transportation Code Section 225.0276 - Second Indian Head Division Memorial Highway
(a) Farm-to-Market Road 1535 between Fort Sam Houston and Camp Bullis is designated as the Second Indian Head Division Memorial Highway. (b) The department shall ...
- Texas Transportation Code Section 225.028 - Pearl Harbor Memorial Highway
(a) The part of U.S. Highway 290 between Johnson City and Interstate Highway 10 is the Pearl Harbor Memorial Highway. (b) The department shall design ...
- Texas Transportation Code Section 225.0285 - World War Ii Veterans Memorial Highway
(a) The part of United States Highway 80 located in this state is designated as the World War II Veterans Memorial Highway. (b) The department ...
- Texas Transportation Code Section 225.029 - Presidential Corridor
(a) In recognition of the connection between the Lyndon Baines Johnson Library in Austin and the George Herbert Walker Bush Library in College Station, the ...
- Texas Transportation Code Section 225.030 - Henry G. "Bud" Lehman Highway
(a) The part of U.S. Highway 290 in Lee County is the Henry G. "Bud" Lehman Highway. (b) The department shall design and construct markers ...
- Texas Transportation Code Section 225.031 - Ray C. Stoker, Jr., Highway
(a) The parts of Farm-to-Market Road 503 from Valera to Farm-to-Market Road 1929 and Farm-to-Market Road 1929 from Farm-to-Market Road 503 to U.S. Highway 83 ...
- Texas Transportation Code Section 225.032 - S. M. Wright Freeway
(a) In recognition of S. M. Wright's outstanding spiritual and civic contributions to the city of Dallas and the state, the parts of U.S. Highway ...
- Texas Transportation Code Section 225.033 - President George Bush Highway
(a) The part of U.S. Highway 190 in Dallas, Collin, and Denton counties is the President George Bush Highway. The designation is in addition to ...
- Texas Transportation Code Section 225.034 - Texas Korean War Veterans Memorial Highway
(a) State Highway 6 from the Red River in Hardeman County to its intersection with Interstate Highway 45 in Galveston County is designated as the ...
- Texas Transportation Code Section 225.035 - John B. Coleman Memorial Highway
(a) State Highway 35 in Harris County is designated as the John B. Coleman Memorial Highway. (b) The department shall design and construct memorial markers ...
- Texas Transportation Code Section 225.036 - Stephen F. Austin Memorial Highway
(a) State Highway 35 in Matagorda and Brazoria counties is designated as the Stephen F. Austin Memorial Highway. (b) The department shall design and construct ...
- Texas Transportation Code Section 225.037 - The Bishop Ernest T. Dixon, Jr., Memorial Parkway
(a) United States Highway 87 from its intersection with Interstate Highway 410 in Bexar County to its intersection with Loop 1604 is designated as the ...
- Texas Transportation Code Section 225.038 - Patriot Parkway
(a) To commemorate the achievements of veterans buried at the national cemetery in Dallas County, Spur 408 in Dallas County from Interstate Highway 20 to ...
- Texas Transportation Code Section 225.039 - Congressman Frank M. Tejeda Memorial Highway
(a) United States Highway 281 from its intersection with Loop 410 in Bexar County to its intersection with the Atascosa-Bexar County Line is designated as ...
- Texas Transportation Code Section 225.0395 - Senator John Traeger Memorial Highway
(a) State Highway 123 between Interstate Highway 10 and United States Highway 90A is designated as the Senator John Traeger Memorial Highway. (b) The department ...
- Texas Transportation Code Section 225.040 - La Entrada Al Pacifico Corridor
(a) The following highways and any portion of a highway in a corridor on two miles of either side of the center line of the ...
- Texas Transportation Code Section 225.0401 - El Camino East/West Corridor
(a) The parts of State Highways 7, 21, and 103, United States Highway 290, and Interstate Highway 10 that create a route from the Pendleton ...
- Texas Transportation Code Section 225.041 - Flournoy Road
(a) Farm-to-Market Road 1931 in Alice is designated as Flournoy Road. (b) The department shall design and construct memorial markers indicating the highway number, the ...
- Texas Transportation Code Section 225.042 - Sam Waldrop Highway Interchange
(a) The interchange of U.S. Highways 83 and 84 and Loop 322 in Abilene is designated as the Sam Waldrop Highway Interchange. (b) The department ...
- Texas Transportation Code Section 225.043 - Cesar Chavez Memorial Highway
(a) State Highway 44 in Nueces County and Jim Wells County outside the city limits of Corpus Christi and exclusive of the segments of State ...
- Texas Transportation Code Section 225.044 - Atlas Icbm Highway
Text of section as added by Acts 2001, 77th Leg., ch. 163, § 1 (a) Farm-to-Market Road 604 from State Highway 351 in Shackelford ...
- Texas Transportation Code Section 225.044 - Sergio Gonzalez, Jr., And Alfredo Gutierrez, Jr., M.D., Loop
Text of section as added by Acts 2001, 77th Leg., ch. 1420, § 19.002 (a) Spur 239 in Val Verde County is designated as the ...
- Texas Transportation Code Section 225.045 - Sergeant Joe Parks, Jr. Memorial Highway
Farm-to-Market Road 457, from mile marker #648 to #677, located in the County of Matagorda, is now named Sergeant Joe Parks, Jr. Memorial Highway. Added ...
- Texas Transportation Code Section 225.046 - Texas Independence Highway
(a) State Highway 225 between Loop 610 in Houston and State Highway 146 in La Porte is designated as the Texas Independence Highway. (b) The ...
- Texas Transportation Code Section 225.047 - Juan N. Seguin Boulevard
(a) Park Road 1836 between State Highway 134 and the San Jacinto Battleground is designated as the Juan N. Seguin Boulevard. (b) The department shall ...
- Texas Transportation Code Section 225.048 - Juan N. Seguin Memorial Interchange
(a) The interchange between State Highway 225 and Loop 610 in Houston is designated as the Juan N. Seguin Memorial Interchange. (b) The department shall ...
- Texas Transportation Code Section 225.049 - Phantom Warriors Highway
(a) State Highway 195 from Interstate Highway 35 to the terminus of State Highway 195 in Killeen is designated as the Phantom Warriors Highway. (b) ...
- Texas Transportation Code Section 225.050 - Ralph L. Lowe Parkway
(a) Farm-to-Market Road 528 in the city of Friendswood is designated as the Ralph L. Lowe Parkway. (b) The department shall design and construct memorial ...
- Texas Transportation Code Section 225.051 - Cesar Chavez Border Highway
(a) Loop 375 between Zaragoza Avenue and Santa Fe Street in El Paso County is designated as the Cesar Chavez Border Highway. (b) The department ...
- Texas Transportation Code Section 225.052 - Big Thicket National Preserve Parkway
(a) U.S. Highway 69 between Interstate Highway 10 in Beaumont and Loop 287 in Lufkin is designated as the Big Thicket National Preserve Parkway. (b) ...
- Texas Transportation Code Section 225.053 - Charles K. Devall Memorial Highway
(a) The portion of United States Highway 259 Relief Route from 4/10 mile south of the northern Kilgore municipal boundary to 7/10 mile south of ...
- Texas Transportation Code Section 225.054 - Tom Landry Highway
(a) Interstate Highway 30 between Interstate 35E in Dallas and Interstate 35W in Fort Worth is designated as the Tom Landry Highway. (b) The department ...
- Texas Transportation Code Section 225.055 - L. P. "Pete" Gilvin Memorial Highway
(a) The portion of Business United States Highway 287 in the municipal boundaries of Amarillo is designated as the L. P. "Pete" Gilvin Memorial Highway. ...
- Texas Transportation Code Section 225.056 - Nasa Parkway
(a) The part of NASA Road 1 from State Highway 146 to Interstate Highway 45 and the part of Farm-to-Market Road 528 from Interstate Highway ...
- Texas Transportation Code Section 225.057 - Queen Isabella Memorial Bridge
(a) The structure connecting State Highway 100 and Park Road 100 between the eastern municipal boundary of Port Isabel and the western boundary of Padre ...
- Texas Transportation Code Section 225.058 - Chisholm Trail Parkway
(a) State Highway 121 between Farm-to-Market Road 1187 in Tarrant County and United States Highway 67 in Johnson County is designated as the Chisholm Trail ...
- Texas Transportation Code Section 225.059 - Ronald Reagan Memorial Highway
Text of section as added by Acts 2005, 79th Leg., ch. 284, § 1 and ch. 286, § 1 Text of subsec. (a) as ...
- Texas Transportation Code Section 225.059 - Marshall Formby Memorial Highway
Text of section as added by Acts 2005, 79th Leg., ch. 851, § 1 (a) Interstate Highway 27 between its intersection with United States ...
- Texas Transportation Code Section 225.059 - American Legion Memorial Highway
Text of section as added by Acts 2005, 79th Leg., ch. 1263, § 1 (a) U.S. Highway 281 is designated as the American Legion ...
- Texas Transportation Code Section 225.059 - Staff Sergeant Herbert S. Robertson, Jr., Memorial Highway
Text of section as added by Acts 2005, 79th Leg., ch. 1283, § 1 (a) Farm-to-Market Road 2065 from its intersection with State Highway ...
- Texas Transportation Code Section 225.059 - Margaret Hunt Hill Bridge
Text of section as added by Acts 2005, 79th Leg., ch. 651, § 1 (a) The structure on Spur 366 located in the city ...
- Texas Transportation Code Section 225.059 - Veterans Memorial Highway
Text of section as added by Acts 2005, 79th Leg., ch. 546, § 1 (a) Spur 330 located in Harris County is designated as ...
- Texas Transportation Code Section 225.061 - Speaker Jimmy Turman Road
(a) Farm-to-Market Road 68 in Fannin County is designated as Speaker Jimmy Turman Road. (b) The department shall design and construct markers indicating the road ...
- Texas Transportation Code Section 226.001 - Definition
In this chapter, "emergency response services" means: (1) fire-fighting, law enforcement, or emergency medical services that are provided by a public agency; or (2) motorist ...
- Texas Transportation Code Section 226.002 - Applicability; Limitation On Expenditures
This chapter does not: (1) apply to a segment of a highway that the commission has designated as a farm-to-market or ranch-to-market road; or (2) ...
- Texas Transportation Code Section 226.003 - Installation, Operation, And Maintenance Of Call Box System
(a) The department may provide for the installment, operation, and maintenance of a system of emergency telephone call boxes along those highways in this state ...
- Texas Transportation Code Section 226.004 - Funding
The department may implement a call box system under this chapter if a public or private entity provides all direct and indirect costs necessary for ...
- Texas Transportation Code Section 226.005 - Location Of And Distance Between Call Boxes
The location of the emergency call boxes shall be determined by the department in accordance with the design specifications of the system. Added by Acts ...
- Texas Transportation Code Section 226.006 - Contracts For Implementation And Installation
(a) The department may award a contract for the installation, maintenance, or operation of a call box system in the manner provided by Chapter 223. ...
- Texas Transportation Code Section 226.007 - Intergovernmental Cooperation
The Advisory Commission on State Emergency Communications, agencies of this state, and each county and municipality in this state shall cooperate in the design, establishment, ...
- Texas Transportation Code Section 227.001 - Definitions
In this chapter: (1) "Bond" has the meaning assigned by Title 9, Government Code. (2) "Construction" includes extension, expansion, and improvement. (3) "Credit agreement" has ...
- Texas Transportation Code Section 227.002 - Rules
The commission may adopt rules and the department may implement procedures and forms as necessary or convenient to implement and administer this chapter. Added by ...
- Texas Transportation Code Section 227.003 - Applicability
(a) All laws governing the financing, design, construction, maintenance, or operation of a highway in the state highway system apply to the financing, design, construction, ...
- Texas Transportation Code Section 227.004 - Environmental Documentation
(a) The department shall include in a draft or final environmental impact statement prepared as part of the environmental review of a Trans-Texas Corridor project ...
- Texas Transportation Code Section 227.011 - Designation
The commission shall designate facilities for the Trans-Texas Corridor. Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21, 2003. ...
- Texas Transportation Code Section 227.012 - Route Selection
The commission shall consider the following criteria when selecting a route for a segment of the Trans-Texas Corridor: (1) current and projected traffic patterns; (2) ...
- Texas Transportation Code Section 227.013 - Public Participation
Before designating a route for a segment of the Trans-Texas Corridor, the department shall hold at least one public hearing in each county through which ...
- Texas Transportation Code Section 227.014 - Establishment Of Discrete Systems
(a) If the commission determines that the mobility needs of this state would be most efficiently and economically met by jointly operating two or more ...
- Texas Transportation Code Section 227.015 - Location Of Facilities
Notwithstanding any other law, including Chapter 181, Utilities Code, Chapter 402, Local Government Code, and Section 49.220, Water Code, the department may: (1) specify the ...
- Texas Transportation Code Section 227.021 - Authority Of Department
(a) The department may: (1) construct or operate any facility as part of the Trans-Texas Corridor; or (2) authorize a governmental or private entity to ...
- Texas Transportation Code Section 227.022 - Participation By Other Entities
(a) A toll or non-toll highway on the Trans-Texas Corridor that is constructed or operated by another entity shall be part of the state highway ...
- Texas Transportation Code Section 227.023 - Participation By Private Entities
(a) To the maximum extent practical and economical, the department shall encourage the participation of private entities in the planning, design, construction, and operation of ...
- Texas Transportation Code Section 227.024 - Highways
A highway, including a turnpike, on the Trans-Texas Corridor is a part of the state highway system. Added by Acts 2003, 78th Leg., ch. 1325, ...
- Texas Transportation Code Section 227.025 - Vehicle Size And Weight Limits
(a) The commission may authorize the operation of a vehicle that exceeds the height, length, or gross weight limitations of Subchapter C, Chapter 621, on ...
- Texas Transportation Code Section 227.026 - Acquisition Of Personal Property
(a) The department may acquire personal property, except rolling stock, under a conditional sales contract, lease, equipment trust certificate, or other form of contract or ...
- Texas Transportation Code Section 227.027 - Environmental Review
(a) The department shall conduct or approve each environmental evaluation or study required for an activity associated with the Trans-Texas Corridor. This subsection does not ...
- Texas Transportation Code Section 227.028 - Environmental Mitigation
(a) Subject to Section 201.617(a-1), the department may acquire, maintain, hold, restore, enhance, develop, or redevelop property for the purpose of mitigating a past, present, ...
- Texas Transportation Code Section 227.029 - Relocation Of Existing Facilities
(a) The department may construct a grade separation at an intersection of a Trans-Texas Corridor facility with another facility and may change the line or ...
- Texas Transportation Code Section 227.030 - Unauthorized Use
The department may remove unauthorized personal property, including a vehicle, from the Trans-Texas Corridor without notice and at the owner's expense. Removed property may be ...
- Texas Transportation Code Section 227.031 - Exclusive Lanes
The department may dedicate one or more lanes of a highway on the Trans-Texas Corridor to the exclusive use of designated classes of vehicles. Added ...
- Texas Transportation Code Section 227.032 - Highways Intersecting Trans-Texas Corridor
(a) The department shall ensure that, at each intersection of a segment of a state highway that is designated as part of the Trans-Texas Corridor ...
- Texas Transportation Code Section 227.033 - Groundwater
(a) After receipt of an unsolicited proposal or after soliciting proposals to construct a facility for the transportation of groundwater from the county in which ...
- Texas Transportation Code Section 227.034 - Prohibition Against Limiting Or Prohibiting Construction Of Transportation Projects
(a) A contract for the acquisition, construction, maintenance, or operation of a facility on the Trans-Texas Corridor may not contain a provision that limits or ...
- Texas Transportation Code Section 227.041 - Powers And Procedures
(a) Except as otherwise provided by this subchapter, the commission has the same powers and duties relating to the condemnation and acquisition of real property ...
- Texas Transportation Code Section 227.0415 - Development Rights
(a) In connection with the acquisition of property located in an existing or planned segment of the Trans-Texas Corridor for the purpose of providing a ...
- Texas Transportation Code Section 227.042 - Corridor Participation Payment For Real Property
(a) As an alternative to paying for an interest in real property or a real property right with a single fixed payment, the department may, ...
- Texas Transportation Code Section 227.043 - Purchase And Leaseback
The department may acquire real property for the Trans-Texas Corridor and immediately lease it back to the former owner for a fixed or indefinite term. ...
- Texas Transportation Code Section 227.044 - Right Of Entry To Property With Public Utility Facility
To ensure the safety and convenience of the public, the department shall, when entering any real property, water, or premises on which is located a ...
- Texas Transportation Code Section 227.045 - Other Governmental Entities
If the department authorizes another governmental entity to construct or operate a segment of or a facility on the Trans-Texas Corridor, that entity has all ...
- Texas Transportation Code Section 227.046 - Cost Of Relocating Public Utility Facility
(a) An owner of a public utility facility holding a certificate of convenience and necessity, certificate of authority, or service provider certificate of authority shall ...
- Texas Transportation Code Section 227.047 - Alternative Access To Severed Property
If the department acquires a tract for the Trans-Texas Corridor that severs an owner's property, the department may allow the owner to build, in compliance ...
- Texas Transportation Code Section 227.061 - Permissible Sources Of Funding
Subject to Section 227.062, the department may use any available source of funding in acquiring property for, constructing, and operating the Trans-Texas Corridor, including: (1) ...
- Texas Transportation Code Section 227.062 - Limitations On Department Financial Participation
(a) Each fiscal year, the total amount disbursed by the department out of the state highway fund for the following activities on the Trans-Texas Corridor ...
- Texas Transportation Code Section 227.063 - Financing Of Facilities And Systems
(a) The commission and the department have the same powers and duties relating to the financing of a facility or a system established under Section ...
- Texas Transportation Code Section 227.064 - Loans And Other Funding
The department may borrow money from the United States or use money in the state infrastructure bank created under Subchapter D, Chapter 222, to fund ...
- Texas Transportation Code Section 227.081 - Fees
(a) Notwithstanding any other law, including Chapters 161, 162, 163, and 181, Utilities Code, Chapter 402, Local Government Code, and Chapter 49, Water Code, and ...
- Texas Transportation Code Section 227.082 - Lease Of Property Or Rights
(a) The department may lease property on the Trans-Texas Corridor to any public or private entity. A lease may be for a term not longer ...
- Texas Transportation Code Section 227.083 - Disposition Of Fees
To the extent that it is not dedicated to another purpose by the constitution, by statute, or by contract, or deposited to a separate account ...
- Texas Transportation Code Section 228.001 - Definitions
In this chapter: (1) "Air quality project" means a project or program of the department or another governmental entity that the commission determines will mitigate ...
- Texas Transportation Code Section 228.002 - Agreements With Public Entities
(a) The department may enter into an agreement with a public entity to permit the entity, independently or jointly with the department, to design, develop, ...
- Texas Transportation Code Section 228.003 - Agreements With Other Governmental Agencies
(a) The department may, with the approval of the commission, enter into an agreement with another governmental agency or entity, including a federal agency, an ...
- Texas Transportation Code Section 228.004 - Promotion Of Toll Project
The department may, notwithstanding Chapter 2113, Government Code, engage in marketing, advertising, and other activities to promote the development and use of toll projects and ...
- Texas Transportation Code Section 228.005 - Revenue Of Toll Project Or System
Except as provided by Subchapter C, toll revenue or other revenue derived from a toll project or system that is collected or received by the ...
- Texas Transportation Code Section 228.0055 - Use Of Contract Payments
Payments received by the department under a comprehensive development agreement may be used by the department to finance the construction, maintenance, or operation of a ...
- Texas Transportation Code Section 228.006 - Use Of Surplus Revenue
(a) The commission shall authorize the use of surplus revenue of a toll project or system to pay the costs of a transportation project, highway ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 228.052 - Operation Of Toll Project Or System
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 ...
- Texas Transportation Code Section 228.053 - Revenue
(a) The department may: (1) impose tolls for the use of each toll project or system and the different segments or parts of each project ...
- Texas Transportation Code Section 228.054 - Failure Or Refusal To Pay Toll; Offense
(a) Except as provided by Subsection (e), the operator of a vehicle, other than an authorized emergency vehicle, that is driven or towed through a ...
- Texas Transportation Code Section 228.055 - Administrative Fee; Notice; Offense
(a) In the event of nonpayment of the proper toll as required by Section 228.054, on issuance of a written notice of nonpayment, the registered ...
- Texas Transportation Code Section 228.056 - Presumptions; Prima Facie Evidence; Defenses
(a) In the prosecution of an offense under Section 228.054 or 228.055, proof that the vehicle was driven or towed through the toll collection facility ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 228.102 - Issuance Of Bonds
(a) The commission by order may authorize the issuance of toll revenue bonds to pay all or part of the cost of a toll project ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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, ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 228.151 - Lease, Sale, Or Transfer Of Toll Project Or System
(a) The department may lease, sell, or transfer in another manner a toll project or system, including a nontolled state highway or a segment of ...
- Texas Transportation Code Section 228.152 - Discharge Of Outstanding Bonded Indebtedness
An agreement to lease, sell, or convey a toll project or system under Section 228.151 must provide for the discharge and final payment or redemption ...
- Texas Transportation Code Section 228.153 - Repayment Of Department's Expenditures
(a) Except as provided by Subsection (b), an agreement to lease, sell, or convey a toll project or system under Section 228.151 must provide for ...
- Texas Transportation Code Section 228.154 - Approval Of Agreement By Attorney General
(a) An agreement for the lease, sale, or conveyance of a toll project or system under this subchapter shall be submitted to the attorney general ...
- Texas Transportation Code Section 228.201 - Limitation On Toll Facility Designation
(a) Except as provided by Section 228.2015, the department may not operate a nontolled state highway or a segment of a nontolled state highway as ...
- Texas Transportation Code Section 228.2015 - Limitation Transition
Text of section effective until September 1, 2006 (a) Notwithstanding Section 228.201, the department may operate a nontolled state highway or a segment of ...
- Texas Transportation Code Section 228.202 - Commission Determination
The commission may by order convert a nontolled state highway or a segment of a nontolled state highway to a toll project if it determines ...
- Texas Transportation Code Section 228.203 - Public Hearing
Prior to converting a state highway or a segment of a state highway under this subchapter, the commission shall conduct a public hearing for the ...
- Texas Transportation Code Section 228.204 - Rules
The commission shall adopt rules implementing this subchapter, including criteria and guidelines for the approval of a conversion of a highway. Added by Acts 1995, ...
- Texas Transportation Code Section 228.205 - Queen Isabella Causeway
The commission may not convert the Queen Isabella Causeway in Cameron County to a toll project. Added by Acts 2001, 77th Leg., ch. 1401, § ...
- Texas Transportation Code Section 228.206 - Toll Revenue
Toll revenue collected under this section: (1) shall be deposited in the state highway fund; (2) may be used by the department to finance the ...
- Texas Transportation Code Section 228.207 - County And Voter Approval
The commission may only convert a state highway or a segment of a state highway under this subchapter if the conversion is approved by: (1) ...
- Texas Transportation Code Section 228.208 - Election To Approve Conversion
(a) If notified by the department of the proposed conversion of a highway or segment under this subchapter, and after approval of the conversion by ...
- Texas Transportation Code Section 228.251 - Definitions
In this subchapter: (1) "Bonds" includes certificates, notes, and other obligations of an issuer authorized by statute, municipal home-rule charter, or the Texas Constitution. (2) ...
- Texas Transportation Code Section 228.252 - Applicability Of Other Law; Conflicts
(a) This subchapter is cumulative of all laws affecting the issuance of bonds by local governmental entities, particularly, but not by way of limitation, provisions ...
- Texas Transportation Code Section 228.253 - Use Of Federal Funds
The department may use federal funds for any purpose described by this subchapter. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 228.254 - Agreements Between Authority And Local Governmental Entities
(a) Under authority of Section 52, Article III, Texas Constitution, a local governmental entity other than a nonprofit corporation may, upon the required vote of ...
- Texas Transportation Code Section 250.001 - Restriction On Fences In Certain Municipalities
(a) This section applies only to a fence located on land adjacent to a road or highway in the state highway system in a municipality ...
- Texas Transportation Code Section 251.001 - Definitions
In this chapter as applied to a public road: (1) "Abandon" means to relinquish the public's right of way in and use of the road. ...
- Texas Transportation Code Section 251.002 - Public Roads
A public road or highway that has been laid out and established according to law and that has not been discontinued is a public road. ...
- Texas Transportation Code Section 251.003 - Construction And Maintenance Of Public Roads
(a) The commissioners court of a county may: (1) make and enforce all necessary rules and orders for the construction and maintenance of public roads; ...
- Texas Transportation Code Section 251.004 - Commissioners As Road Supervisors
(a) The county commissioners are the supervisors of the public roads in a county unless the county adopts an optional system of administering the county ...
- Texas Transportation Code Section 251.005 - Commissioner's Road Report
(a) A county commissioner serving as a road supervisor shall make a sworn annual report during the ninth month of the county fiscal year on ...
- Texas Transportation Code Section 251.006 - Obtaining Material For Public Roads
(a) The commissioners court of a county may condemn material necessary to construct, repair, or maintain public roads if the owner of the material rejects ...
- Texas Transportation Code Section 251.007 - Classification Of County Roads
(a) The commissioners court of each county shall classify each public road in the county as a first-class, second-class, or third-class road. (b) A county ...
- Texas Transportation Code Section 251.008 - General Requirements For County Roads
A public road of any class must: (1) be clear of all obstructions; (2) have all stumps over six inches in diameter cut down to ...
- Texas Transportation Code Section 251.009 - Construction Of Cattle Guards On County Roads In Certain Counties; Offense
(a) The commissioners court of a county with a population of less than 60,000 may authorize the construction of cattle guards on a county road ...
- Texas Transportation Code Section 251.0095 - Replacement And Repair Of Existing Cattle Guards On County Roads
(a) The commissioners court of a county may authorize the replacement or repair of an existing cattle guard on a county road of any class. ...
- Texas Transportation Code Section 251.010 - Gates On Third-Class And Neighborhood Roads; Offenses
(a) A person, including a neighborhood association, who owns or controls real property on which a third-class road or a neighborhood road established under Section ...
- Texas Transportation Code Section 251.011 - Detour Roads
(a) The commissioners court of a county shall establish detour roads for the convenience of the public when a county road that is not part ...
- Texas Transportation Code Section 251.012 - County Authority In Municipality
(a) With the approval of the governing body of a municipality, the commissioners court of a county may spend county money to finance the construction, ...
- Texas Transportation Code Section 251.013 - Road Names And Address Numbers
(a) The commissioners court of a county by order may adopt uniform standards for naming public roads located wholly or partly in unincorporated areas of ...
- Texas Transportation Code Section 251.014 - County Improvement Of State Highway
(a) The commissioners court of a county may enter into an agreement with the commission for the county to carry out a project or activity ...
- Texas Transportation Code Section 251.015 - Assisting Other Governmental Entity
The commissioners court of a county may use county road equipment, construction equipment, including trucks, and employees necessary to operate the equipment to assist another ...
- Texas Transportation Code Section 251.016 - General County Authority Over Roads, Highways, And Bridges
The commissioners court of a county may exercise general control over all roads, highways, and bridges in the county. Added by Acts 1999, 76th Leg., ...
- Texas Transportation Code Section 251.017 - County Authority To Set Fee
The commissioners court of a county may set a reasonable fee for the county's issuance of a permit authorized by this chapter for which a ...
- Texas Transportation Code Section 251.051 - General Authority Of Commissioners Court
(a) The commissioners court of a county shall: (1) order that public roads be laid out, opened, discontinued, closed, abandoned, vacated, or altered; and (2) ...
- Texas Transportation Code Section 251.052 - Public Application For New Road Or Road Change
(a) The residents of a precinct may apply for a new road or a change in an existing road by presenting to the commissioners court ...
- Texas Transportation Code Section 251.053 - Neighborhood Roads
(a) As provided by this section, a commissioners court may declare as a public road: (1) any line between the locations of any persons; (2) ...
- Texas Transportation Code Section 251.054 - Laying Out New Roads By Jury Of View
(a) A new road ordered by the commissioners court of a county must be laid out by a jury of view consisting of five property ...
- Texas Transportation Code Section 251.055 - Extending Farm-To-Market Road In Adjoining County
A county that determines that it would significantly benefit from the extension of a farm-to-market road in an adjoining county may contract with the adjoining ...
- Texas Transportation Code Section 251.056 - Roads Across Public Real Property
(a) A public road may not be opened across real property owned and used or intended for use for public purposes by a state institution ...
- Texas Transportation Code Section 251.057 - Abandonment Of County Road
(a) A county road is abandoned when its use has become so infrequent that one or more adjoining property owners have enclosed the road with ...
- Texas Transportation Code Section 251.058 - Closing, Abandoning, And Vacating Public Road
(a) A property owner may not enjoin the entry or enforcement of an order of a commissioners court, acting at the request of any person ...
- Texas Transportation Code Section 251.059 - Maintaining Established County Roads
(a) When the commissioners court of a county has established a county road and (i) the laying out of the road has been established by ...
- Texas Transportation Code Section 251.081 - General Authority To Erect And Maintain Bridges
The commissioners court of a county may erect and maintain any necessary bridge in the county and make any necessary appropriation for that purpose. Acts ...
- Texas Transportation Code Section 251.082 - Erection Of Joint County Bridges
On equitable terms agreed to by the commissioners courts of the counties, two or more counties jointly may erect a bridge over a stream that ...
- Texas Transportation Code Section 251.083 - Erecting And Maintaining Bridge In Municipality
(a) The commissioners court of a county may erect a bridge in a municipality in the manner authorized by law for the erection of a ...
- Texas Transportation Code Section 251.101 - Condemnation For County Road In Municipality
(a) A county may exercise the power of eminent domain in a municipality with the prior consent of the governing body of the municipality to ...
- Texas Transportation Code Section 251.102 - Cost Of Relocating Or Adjusting Utility Facility
A county shall include the cost of relocating or adjusting an eligible utility facility in the expense of right-of-way acquisition. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 251.103 - Relocating Water Line
A county may pay for relocating a water line owned by a water control and improvement district if: (1) the relocation is necessary to complete ...
- Texas Transportation Code Section 251.151 - Authority Of Commissioners Court
The commissioners court of a county may regulate traffic on a county road or on real property owned by the county that is under the ...
- Texas Transportation Code Section 251.152 - Public Hearing Required
(a) Except as provided by Section 251.159, before the commissioners court may issue a traffic regulation under this subchapter, the commissioners court must hold a ...
- Texas Transportation Code Section 251.153 - Load Limits On County Roads And Bridges
(a) The commissioners court of a county may establish load limits for any county road or bridge in the manner prescribed by Section 621.301. (b) ...
- Texas Transportation Code Section 251.154 - Maximum Reasonable And Prudent Speeds On County Roads
(a) The commissioners court of a county, by order entered on the minutes of the court, may determine and set a maximum reasonable and prudent ...
- Texas Transportation Code Section 251.155 - Restricted Traffic Zones
(a) The commissioners court of a county may adopt regulations establishing a system of traffic control devices in restricted traffic zones on property described by ...
- Texas Transportation Code Section 251.156 - Parking Restrictions
(a) The commissioners court of a county by order may have signs installed that prohibit or restrict the stopping, standing, or parking of a vehicle ...
- Texas Transportation Code Section 251.157 - Prohibiting Use Of Road
(a) In this section, "road supervisor" means a person authorized to supervise roads in a county or in a district or precinct of a county. ...
- Texas Transportation Code Section 251.158 - Temporary Use Of County Road For Festival Or Civic Event
(a) The commissioners court of a county by order may permit the temporary use of a county road located in an unincorporated area of the ...
- Texas Transportation Code Section 251.159 - Delegation Of Commissioners' Authority
(a) This section applies only to a county with a population of more than 200,000. (b) The commissioners court of a county may delegate to ...
- Texas Transportation Code Section 251.160 - Liability Of Owner Or Operator For Road Damage
(a) A person who operates or moves a vehicle or other object on a public road or bridge and the owner of the vehicle or ...
- Texas Transportation Code Section 251.161 - Violations Of Subchapter; Offense
(a) A person commits a misdemeanor offense if the person: (1) stops, stands, or parks a vehicle in violation of a restriction stated on a ...
- Texas Transportation Code Section 252.001 - Adoption Of Ex Officio Road Commissioner System
(a) The commissioners court of a county may adopt this subchapter by an order made at a regular term of the court when all the ...
- Texas Transportation Code Section 252.002 - Relationship Of Subchapter To Other Law
If this subchapter conflicts with a general law relating to roads, this subchapter controls. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 252.003 - Ex Officio Road Commissioners
A county commissioner is the ex officio road commissioner of the county commissioner's precinct. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 252.004 - Bond
(a) Before assuming the duties of an ex officio road commissioner, a county commissioner must execute a bond in the amount of $3,000 payable to ...
- Texas Transportation Code Section 252.005 - Powers And Duties Of Commissioners Court
(a) The commissioners court shall adopt a system for laying out, working on, draining, and repairing the public roads. (b) The commissioners court may purchase ...
- Texas Transportation Code Section 252.006 - Powers And Duties Of Ex Officio Road Commissioners
(a) Under the direction of the commissioners court, an ex officio road commissioner is responsible for the vehicles, tools, and machinery belonging to the county ...
- Texas Transportation Code Section 252.101 - Subchapter Not Applicable To Certain Counties
(a) This subchapter does not apply to Angelina, Aransas, Blanco, Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta, DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg, ...
- Texas Transportation Code Section 252.102 - Relationship Of Subchapter To Other Law
If this subchapter conflicts with a general law relating to roads and bridges, this subchapter controls. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 252.103 - Road Commissioners
(a) A commissioners court may employ not more than four road commissioners. (b) A road commissioner must be a resident of the district for which ...
- Texas Transportation Code Section 252.104 - Bond Of Road Commissioner
(a) Before assuming the duties of a road commissioner, a road commissioner must execute a bond with one or more good and sufficient sureties payable ...
- Texas Transportation Code Section 252.105 - Powers And Duties Of Road Commissioner
(a) A road commissioner controls the overseers, laborers, tools, machinery, and vehicles to be used on the roads in the road commissioner's district and may ...
- Texas Transportation Code Section 252.106 - Supervision Of Road Commissioner By Commissioners Court
(a) A road commissioner shall obey the orders of the commissioners court. (b) A road commissioner's acts are subject to the control, supervision, orders, and ...
- Texas Transportation Code Section 252.107 - Report Of Road Commissioner
(a) At each regular term of the commissioners court, a road commissioner shall give a report under oath to the court that: (1) includes an ...
- Texas Transportation Code Section 252.108 - Use Of County Road And Bridge Fund
(a) In a county that employs road commissioners under this subchapter, the commissioners court shall ensure that the county road and bridge fund is judiciously ...
- Texas Transportation Code Section 252.109 - Donations
A commissioners court or the road commissioners may accept donations of labor, money, or other property to aid in building or maintaining roads in the ...
- Texas Transportation Code Section 252.110 - Liability For Property Damage Or Misplacement
A person who knowingly or wilfully damages or misplaces a bridge, culvert, drain, sewer, ditch, sign, milepost, or similar thing placed on a road to ...
- Texas Transportation Code Section 252.111 - Drainage Along Public Road
(a) A commissioners court or road commissioner may authorize a person to make a drain along a public road to drain the person's property. (b) ...
- Texas Transportation Code Section 252.201 - Subchapter Not Applicable To Certain Counties
(a) This subchapter does not apply to Angelina, Aransas, Blanco, Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta, DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg, ...
- Texas Transportation Code Section 252.202 - Relationship Of Subchapter To Other Law
If this subchapter conflicts with a general law relating to roads and bridges, this subchapter controls. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 252.203 - Adoption Of Subchapter And Appointment Of Road Superintendents
(a) The commissioners court of a county may adopt this subchapter by appointing a road superintendent for the county or one superintendent in each county ...
- Texas Transportation Code Section 252.204 - Oath And Bond Of Road Superintendent
(a) Not later than the 20th day after the date of appointment, a road superintendent must: (1) take and subscribe to the oath required by ...
- Texas Transportation Code Section 252.205 - Powers And Duties Of Road Superintendent
(a) Subject to the orders of the commissioners court, a road superintendent has general supervision over the public roads in the road superintendent's county or ...
- Texas Transportation Code Section 252.206 - Liability Of Road Superintendent
A road superintendent is liable for: (1) the loss, injury, or destruction of machinery or a tool or vehicle placed under the road superintendent's control ...
- Texas Transportation Code Section 252.207 - Report Of Road Superintendent
(a) A road superintendent shall make a sworn report to the commissioners court at each regular term of the court showing: (1) an itemized account ...
- Texas Transportation Code Section 252.208 - Supervision Of Road Superintendent By Commissioners Court
Work performed under a road superintendent is subject to the general supervision of the commissioners court. Acts 1995, 74th Leg., ch. 165, § 1, eff. ...
- Texas Transportation Code Section 252.209 - Contracts By Road Superintendent; Payment
(a) A road superintendent shall make the best contract possible for labor or machinery and in payment for the labor or machinery shall issue to ...
- Texas Transportation Code Section 252.210 - Division Of County Or Precinct Into Road Districts
(a) If the commissioners court directs, a road superintendent shall: (1) divide the road superintendent's county or precinct into road districts of convenient size; (2) ...
- Texas Transportation Code Section 252.211 - Salary Of Road Superintendent
(a) A road superintendent's salary shall be paid at stated intervals on the order of the commissioners court. (b) The commissioners court may suspend the ...
- Texas Transportation Code Section 252.212 - Powers Of Commissioners Court
In a county that appoints one or more road superintendents, the commissioners court may: (1) purchase or hire the road machinery, tools, vehicles, and labor ...
- Texas Transportation Code Section 252.213 - Contracts By Commissioners Court; Payment
(a) In a county that appoints one or more road superintendents, the commissioners court by contract may construct, grade, gravel, or otherwise improve a road ...
- Texas Transportation Code Section 252.214 - Donations
A commissioners court may accept donations of labor, money, or other property to aid in building or maintaining roads in the county. Acts 1995, 74th ...
- Texas Transportation Code Section 252.215 - Liability For Property Damage Or Misplacement
A person who knowingly or wilfully damages or misplaces a bridge, culvert, drain, sewer, ditch, sign, milepost, or similar thing placed on a road to ...
- Texas Transportation Code Section 252.216 - Drainage Along Public Road
(a) A commissioners court or, with the approval of the commissioners court, a road superintendent may authorize a person to make a drain along a ...
- Texas Transportation Code Section 252.301 - Adoption Of County Road Department System
(a) A county may adopt this subchapter at an election held as provided by this section. (b) The commissioners court shall submit the question of ...
- Texas Transportation Code Section 252.302 - Organization Of System
(a) The county road department is responsible for the construction and maintenance of county roads. (b) The county road department includes: (1) the commissioners court ...
- Texas Transportation Code Section 252.303 - Countywide System
In a county that adopts this subchapter, the construction and maintenance of county roads, the ownership and use of county road department equipment, materials, and ...
- Texas Transportation Code Section 252.304 - County Road Engineer Or Road Administrator
(a) The commissioners court shall appoint a county road engineer, who must: (1) be a licensed professional engineer experienced in road construction and maintenance; and ...
- Texas Transportation Code Section 252.305 - Oath; Bonds
(a) A county road engineer must take the official oath of office. (b) As required by the commissioners court, the county road engineer and other ...
- Texas Transportation Code Section 252.306 - Salary Of County Road Engineer
A county road engineer shall receive an annual salary to be paid in equal monthly installments out of the county road and bridge fund. Acts ...
- Texas Transportation Code Section 252.307 - Term And Removal
(a) A county road engineer holds the position for an indefinite term. (b) A county road engineer may be removed by a majority vote of ...
- Texas Transportation Code Section 252.308 - County Road Engineer Unable To Perform Duties
A commissioners court may designate a qualified administrative officer to perform the county road engineer's duties during any period in which the county road engineer ...
- Texas Transportation Code Section 252.309 - Powers And Duties Of County Road Engineer
(a) The county road engineer is responsible to the commissioners court for the efficient and economical construction and maintenance of the county roads. (b) The ...
- Texas Transportation Code Section 252.310 - Inspections
The county road engineer shall inspect for the county the progress of work on a county road construction and maintenance project awarded to a private ...
- Texas Transportation Code Section 252.311 - Funding
(a) Expenditures for the construction and maintenance of the county roads and the operation of the county road department shall be paid out of the ...
- Texas Transportation Code Section 252.312 - Competitive Bidding
(a) Except as provided by Subsection (b), the commissioners court shall purchase the equipment, materials, and supplies for the county road department through competitive bidding ...
- Texas Transportation Code Section 252.313 - Payment Of Claims
Before the commissioners court orders payment of a claim covering the purchase of equipment, materials, supplies, or services, including county road construction or maintenance, contracted ...
- Texas Transportation Code Section 253.001 - Applicability
This chapter applies only to a subdivision, part of a subdivision, or an access road in an unincorporated area of a county. Acts 1995, 74th ...
- Texas Transportation Code Section 253.002 - Definition
In this chapter, "improvement" means construction or repair. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 253.003 - Proposal For County Improvement Of Subdivision Roads And Assessment Of Costs
If the commissioners court of a county determines that the improvement of a road in a subdivision or of an access road to a subdivision ...
- Texas Transportation Code Section 253.004 - Notice
(a) The commissioners court must publish notice of the proposed improvement and assessment at least twice in a newspaper of general circulation in the county. ...
- Texas Transportation Code Section 253.005 - Public Hearing
The commissioners court must hold a public hearing to consider the proposed improvement and assessment on or after the 31st day after the date the ...
- Texas Transportation Code Section 253.006 - Ballot
(a) Not later than the 10th day after the date the commissioners court holds a public hearing under Section 253.005, the commissioners court by certified ...
- Texas Transportation Code Section 253.007 - Results Of Vote
(a) Not later than the 30th day after the date of the public hearing, the county clerk shall tally the returned ballots and declare the ...
- Texas Transportation Code Section 253.008 - Assessment Of Costs
(a) The commissioners court may provide the time, terms, and conditions of payment and default of an assessment. (b) The commissioners court may not require ...
- Texas Transportation Code Section 253.009 - Lien
(a) An assessment is secured by a lien against the real property of the assessed property owner. (b) The lien is effective on the date ...
- Texas Transportation Code Section 253.010 - Appeal
(a) Not later than the 15th day after the date a property owner receives an assessment, the owner may appeal the assessment by filing a ...
- Texas Transportation Code Section 253.011 - Maintenance Of Roads
(a) A road improved under this chapter is a county road. (b) The county shall maintain the road according to county road standards. Acts 1995, ...
- Texas Transportation Code Section 254.001 - Definitions
In this chapter: (1) "Ditch" includes a drain or other watercourse. (2) "Public road" means a road or highway that has not been discontinued and ...
- Texas Transportation Code Section 254.002 - Petition For Drainage Construction
(a) The commissioners court of a county may not order a drainage system to be constructed unless a petition is presented to the court as ...
- Texas Transportation Code Section 254.003 - Notice Of Hearing On Establishing Drainage System
(a) After a petition is filed under Section 254.002, the county clerk shall issue notice of the petition not later than the 20th day before ...
- Texas Transportation Code Section 254.004 - Hearing And Determination On Establishing Drainage System
(a) At the hearing on the petition, the commissioners court shall: (1) consider the petition and hear all testimony for or against its provisions; and ...
- Texas Transportation Code Section 254.005 - Authority To Provide Drainage
(a) The commissioners court of a county may order the construction or maintenance of ditches as provided by this chapter at any regular session of ...
- Texas Transportation Code Section 254.006 - Restrictions On Drainage Authority
(a) The commissioners court of a county may not construct a ditch without an outlet to a natural waterway large enough to carry off all ...
- Texas Transportation Code Section 254.007 - Private Ditches
An owner of real property abutting a road or ditch or the owner of a tract of property that is located wholly or partly within ...
- Texas Transportation Code Section 254.008 - Regulation Of Private Ditches In Counties Of 100,000 Or Less
(a) In a county with a population of 100,000 or less, the commissioners court by order may: (1) remove the blockage of a ditch on ...
- Texas Transportation Code Section 254.009 - Drainage System Survey
(a) After approval of a petition under Section 254.004, the commissioners court shall hire a surveyor to conduct a survey under this section for an ...
- Texas Transportation Code Section 254.010 - Appointment Of Jury Of View
(a) At any regular or called session of the commissioners court after the filing of the surveyor's report, the court shall appoint five real property ...
- Texas Transportation Code Section 254.011 - Oath Of Jury
Members of the jury of view must take the following oath before assuming their duties: "I do solemnly swear that I am not directly interested ...
- Texas Transportation Code Section 254.012 - Notice To Property Owners Of Jury Proceedings
(a) Not later than the fifth day before the date of the meeting to determine costs of ditch construction, the jury of view shall issue ...
- Texas Transportation Code Section 254.013 - Claims By Property Owners
(a) A person whose real property may be affected by the ditch may appear before the jury of view and express the person's opinion on ...
- Texas Transportation Code Section 254.014 - Determination Of Damages And Assessments; Action Of Commissioners Court
(a) After giving the required notice and conducting a meeting at which all interested persons have been heard, the jury of view shall: (1) consider ...
- Texas Transportation Code Section 254.015 - Appeals By Property Owners
(a) A person aggrieved by an assessment may appeal from the final order of the commissioners court approving the report of the jury of view ...
- Texas Transportation Code Section 254.016 - Procedures Governing Property Owner Appeal
(a) In an appeal of an assessment under Section 254.015, the appellant has the burden of proof. (b) The court that tries the appeal shall ...
- Texas Transportation Code Section 254.017 - Certification And Collection Of Assessments; Liens
(a) At the same term at which the commissioners court enters its order for the construction of the ditches and adjoining roadway or at any ...
- Texas Transportation Code Section 254.018 - Appropriation For Ditch Construction
Following its approval of the report of the jury of view, the commissioners court may order that a portion of the road and bridge fund ...
- Texas Transportation Code Section 254.019 - Carrying Out Construction Of Ditches
(a) The commissioners court shall order the person in charge of the road adjoining the proposed ditch to construct the ditch in the manner prescribed, ...
- Texas Transportation Code Section 255.001 - Definition
In this chapter, "sight distance" means the unimpaired view of a motorist at or near the intersection of a road with another road or with ...
- Texas Transportation Code Section 255.002 - County Regulatory Authority
(a) The commissioners court of a county by order may regulate the sight distance for an intersection that involves a county road and that is ...
- Texas Transportation Code Section 255.003 - Notice To Owner Of Obstruction
(a) If the commissioners court determines that an obstruction of the sight distance exists in violation of an order adopted under Section 255.002, the court ...
- Texas Transportation Code Section 255.004 - Hearing On Removal Order
(a) A person who is aggrieved by an order issued under Section 255.003 may request a hearing on the order. The request must be made ...
- Texas Transportation Code Section 255.005 - Assessment
(a) If after notice and expiration of the time permitted for a hearing request under this chapter, a person does not comply with an order ...
- Texas Transportation Code Section 255.006 - Compensation For Loss Of Value
The commissioners court shall pay the owner of the property from which an obstruction is removed by the court or required by the court to ...
- Texas Transportation Code Section 255.007 - Offense For Violation Of Order
(a) A person commits an offense if the person violates an order adopted under this chapter. (b) An offense under this section is a Class ...
- Texas Transportation Code Section 256.001 - Use Of County Road And Bridge Fund
(a) Money in the road and bridge fund of a county may be used only for working public roads or building bridges, except as otherwise ...
- Texas Transportation Code Section 256.002 - Distribution Of County And Road District Highway Fund
(a) The comptroller shall distribute to the counties on or before October 15 of each year the money appropriated from the county and road district ...
- Texas Transportation Code Section 256.003 - Use Of Revenues From County And Road District Highway Fund
(a) A county may use the money it receives under Section 256.002 only for: (1) purchasing right-of-way for lateral roads, farm-to-market roads, or state highways; ...
- Texas Transportation Code Section 256.004 - Deposits Of Taxes To County Farm-To-Market And Lateral Road Fund And Flood Control Fund
(a) The commissioners court of a county shall credit taxes collected under Section 256.054 to the credit of separate funds called the farm-to-market and lateral ...
- Texas Transportation Code Section 256.005 - Use Of Farm-To-Market And Lateral Road Fund
(a) The farm-to-market and lateral road fund of a county is under the jurisdiction and control of the commissioners court. Money in the fund may ...
- Texas Transportation Code Section 256.006 - Use Of Flood Control Fund
(a) The flood control fund of a county is under the jurisdiction and control of the commissioners court. Money in the fund may be used ...
- Texas Transportation Code Section 256.007 - Transfers Of Surplus Registration Fee Revenue
The commissioners court of a county that does not impose a tax for the construction and maintenance of roads and bridges may transfer surplus money ...
- Texas Transportation Code Section 256.008 - State Funding Of Farm-To-Market Roads
(a) Money in the farm-to-market road fund may be used only to finance the construction, improvement, and maintenance of farm-to-market roads by the department. (b) ...
- Texas Transportation Code Section 256.009 - Report To Comptroller
(a) Not later than January 30 of each year, the county auditor or, if the county does not have a county auditor, the official having ...
- Texas Transportation Code Section 256.010 - Applicability Of Chapter To County Operating Under Special Road Tax Law
A county operating under a special road tax law may take any action authorized by this chapter. Added by Acts 1999, 76th Leg., ch. 227, ...
- Texas Transportation Code Section 256.051 - County, Precinct, And Road District Bond Taxes
(a) In each year in which bonds issued under Chapter 1471, Government Code, are outstanding, the county, precinct, or road district that issued the bonds ...
- Texas Transportation Code Section 256.052 - Adoption Of Special Road Tax
(a) At an election held under this section, a county or political subdivision or defined district of a county may adopt the additional ad valorem ...
- Texas Transportation Code Section 256.053 - Repeal Of Special Road Tax
(a) The commissioners court of a county may order and conduct an election to repeal a tax adopted under Section 256.052 in the manner provided ...
- Texas Transportation Code Section 256.054 - Additional County Taxes For County Roads And Flood Control; Bonds
(a) A county may impose ad valorem taxes as provided by Section 1-a, Article VIII, Texas Constitution, for the construction and maintenance of farm-to-market and ...
- Texas Transportation Code Section 257.001 - Road District Or Precinct Operating Under Road Bond Law Designated Body Corporate; Power To Sue And Be Sued
(a) A county commissioners precinct or justice precinct operating under Chapter 1471, Government Code, or a road district is a body corporate and may sue ...
- Texas Transportation Code Section 257.002 - Contracts Of Road District Or Precinct Operating Under Road Bond Law
(a) A county commissioner is the ex officio road superintendent with power to enter into a contract in an amount that is not more than ...
- Texas Transportation Code Section 257.003 - Acquisition Of Roads
(a) Subject to Subsection (b), a road district established pursuant to Section 52, Article III, Texas Constitution, may agree to: (1) reimburse a private person ...
- Texas Transportation Code Section 257.004 - Road District Signs
(a) A road district to which this chapter applies shall post signs indicating the existence of the district at two or more principal entrances to ...
- Texas Transportation Code Section 257.005 - Notice To Purchasers Of Real Property In Road District
(a) Before the final closing of a sale of real property located in a road district, the seller shall furnish to the buyer of the ...
- Texas Transportation Code Section 257.006 - Applicability Of Chapter To County Operating Under Special Road Tax Law
A county operating under a special road tax law may take any action authorized by this chapter. Added by Acts 1999, 76th Leg., ch. 227, ...
- Texas Transportation Code Section 257.021 - Establishment Of Road Districts
(a) The commissioners court of a county by order may establish one or more road districts in the county as provided by Section 52, Article ...
- Texas Transportation Code Section 257.022 - Abolition Of Road District
(a) The commissioners court by order may abolish a road district after a public hearing on the matter if: (1) the road district has no ...
- Texas Transportation Code Section 257.023 - Exclusion Of Certain Territory Of Existing Districts From Road District
(a) A county commissioners court may exclude from a proposed road district any territory that is part of or adjacent to an existing road district ...
- Texas Transportation Code Section 257.024 - Excluding Real Property From Road District
(a) Before the commissioners court orders an election to authorize bonds for a road district, the commissioners court, on its own motion or on receipt ...
- Texas Transportation Code Section 257.025 - Adding Real Property To Road District By Property Owner Petition
(a) One or more persons may file a petition with the commissioners court of a county requesting that real property owned by the person or ...
- Texas Transportation Code Section 257.026 - Adding Territory To Road District By Petition Or On Commissioners Court Motion
(a) The commissioners court of a county on its own motion may hold a hearing on the question of annexing a defined area to a ...
- Texas Transportation Code Section 257.101 - Road District Authorized; Nature Of District
(a) The qualified voters of two or more adjoining counties or portions of adjoining counties in the manner provided by this subchapter may combine those ...
- Texas Transportation Code Section 257.102 - Petition To Establish Road District
(a) A petition to establish a road district under this subchapter must be signed by at least 50 registered voters or a majority of the ...
- Texas Transportation Code Section 257.103 - Change In Roads Designated In Petition
The commissioners court of a county may change a road designated in the petition calling for the establishment of a road district under this subchapter ...
- Texas Transportation Code Section 257.104 - Notice Of Hearing On Petition
(a) On presentation of a petition under Section 257.102, the commissioners court of each county shall order the time for the petition to be heard ...
- Texas Transportation Code Section 257.105 - Hearing On Petition
(a) At the time and place set for the hearing of a petition presented under Section 257.102, or on a subsequent date set at that ...
- Texas Transportation Code Section 257.106 - Order Of Election To Establish District
(a) The commissioners court of each county included in whole or part in a proposed road district may issue and record in its minutes an ...
- Texas Transportation Code Section 257.107 - Election To Establish District
(a) Notice of an election to establish a road district under this subchapter shall be given in the same manner and for the same time ...
- Texas Transportation Code Section 257.108 - Ex Officio District Directors
(a) The following are ex officio directors of a road district established under this subchapter: (1) for a county that is wholly included in the ...
- Texas Transportation Code Section 257.109 - Meetings Of Commissioners Or Directors
A joint meeting of the commissioners courts or ex officio directors of a road district established under this subchapter may be adjourned from day to ...
- Texas Transportation Code Section 257.110 - District Treasurer Or Depository
(a) At a joint meeting held for that purpose in the county having the greatest population, the commissioners of the counties included in whole or ...
- Texas Transportation Code Section 257.111 - Purchase Of Improved Roads
(a) A road district established under this subchapter may purchase or take over an improved road previously constructed by a county or by another road ...
- Texas Transportation Code Section 257.112 - Bonds And Tax Authorized
As provided by Section 52, Article III, Texas Constitution, to construct, maintain, and operate macadamized, graveled, or paved roads or turnpikes, or in aid of ...
- Texas Transportation Code Section 257.113 - Order For Bond Election
(a) The members of the commissioners courts of the counties included in whole or part in a road district established under this subchapter at a ...
- Texas Transportation Code Section 257.114 - Notice Of Bond Election
(a) A certified copy of an order for an election made under Section 257.113 shall be sent to the county clerk of each county included ...
- Texas Transportation Code Section 257.115 - Declaration Of Bond Election Results
The ex officio directors of a road district established under this subchapter by order shall declare the result of a district bond election and certify ...
- Texas Transportation Code Section 257.116 - Orders To Issue Bonds And Levy Tax
If in a bond election held under this subchapter two-thirds of the votes received in each county or portion of a county included in the ...
- Texas Transportation Code Section 257.117 - Levy Of Bond Tax
(a) Each year, the commissioners courts of the counties included in whole or part in a road district established under this subchapter shall determine the ...
- Texas Transportation Code Section 257.118 - Issuance Of Bonds
(a) Bonds issued by a road district under this subchapter shall be: (1) issued in the name of the road district; (2) signed by the ...
- Texas Transportation Code Section 257.119 - Sale Of Bonds
(a) The commissioners courts of the counties included in whole or part in a road district established under this subchapter, at a joint meeting held ...
- Texas Transportation Code Section 257.120 - Bond Proceeds
(a) On the issuance and sale of road district bonds under this subchapter, the commissioners court of each county included in whole or part in ...
- Texas Transportation Code Section 257.121 - Application Of County Bond Laws
Except as otherwise provided by this subchapter, the general laws governing county road bonds authorized under Section 52, Article III, Texas Constitution, apply to the ...
- Texas Transportation Code Section 257.122 - Interest Rate And Maturity Of Bonds
Bonds issued under this subchapter shall mature not later than the 40th anniversary of the date of their issuance and shall bear interest at a ...
- Texas Transportation Code Section 257.123 - Bond Records
(a) The commissioners court of each county included in whole or part in a road district established under this subchapter shall make a record of ...
- Texas Transportation Code Section 257.124 - Bond Warrants
(a) The treasurer or depository of a road district established under this subchapter shall pay out the proceeds from the sale of the district's bonds ...
- Texas Transportation Code Section 257.901 - Land Development In Road District With Outstanding Indebtedness
(a) In this section: (1) "Affected area" means the area: (A) of an assessment road district; and (B) within 1,500 feet of the boundary of ...
- Texas Transportation Code Section 258.001 - Clarification Of Public Interest In Road
Text of section effective until September 1, 2009 Notwithstanding Chapter 281, a county may clarify the existence of a public interest in a road ...
- Texas Transportation Code Section 258.002 - Adoption Of County Road Map
Text of section effective until September 1, 2009 (a) The commissioners court of a county may propose a county road map that includes each ...
- Texas Transportation Code Section 258.003 - Conclusive Evidence
Text of section effective until September 1, 2009 Except as provided by Section 258.004, a county road map adopted under Section 258.002 is conclusive ...
- Texas Transportation Code Section 258.004 - Contest
Text of section effective until September 1, 2009 (a) A person asserting a private right, title, or interest in a road in which the ...
- Texas Transportation Code Section 258.005 - Transfer Of Interest
Text of section effective until September 1, 2009 (a) The commissioners court shall include a notice of its intention to consider adoption of the ...
- Texas Transportation Code Section 258.006 - Tax Abatement; Reversion Of Interest
Text of section effective until September 1, 2009 (a) A private right, title, or interest, other than a mineral interest, held by a person ...
- Texas Transportation Code Section 258.007 - Expiration Of Chapter
Text of section effective until September 1, 2009 This chapter expires September 1, 2009. Added by Acts 2003, 78th Leg., ch. 236, § 1, ...
- Texas Transportation Code Section 280.001 - Condemning Railroad Roadbed
The commissioners court of a county may condemn a railroad roadbed on the petition of at least 20 freeholders of an unincorporated community for the ...
- Texas Transportation Code Section 280.002 - Authority Of Certain Counties To Remove Property From County Roads
(a) In this section, "personal property" includes personal property of any kind or character, including a motor vehicle. (b) This section applies only to a ...
- Texas Transportation Code Section 281.001 - Applicability Of Chapter
This chapter applies only to a county with a population of 50,000 or less. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 281.002 - Acquisition Of Public Interest In Private Road
A county may acquire a public interest in a private road only by: (1) purchase; (2) condemnation; (3) dedication; or (4) a court's final judgment ...
- Texas Transportation Code Section 281.003 - Dedication
(a) For purposes of this chapter, a dedication must be: (1) an explicit voluntary grant of the use of a private road for public purposes; ...
- Texas Transportation Code Section 281.004 - Adverse Possession
For purposes of this chapter, adverse possession is not established by the: (1) use of a private road by the public with the permission of ...
- Texas Transportation Code Section 281.005 - Resolution Of Commissioners Court
(a) After a public interest in a private road is acquired under this chapter, the commissioners court of the county in which the road is ...
- Texas Transportation Code Section 281.006 - Notice To Owner Required
A commissioners court may not assert a public interest in a private road acquired under this chapter until the court: (1) complies with Section 281.005; ...
- Texas Transportation Code Section 281.007 - Contest
A person asserting a right, title, or interest in a private road in which a public interest is asserted under this chapter may file suit ...
- Texas Transportation Code Section 282.001 - Applicability Of Chapter
This chapter applies only to a county with a population of 350,000 or more. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 282.002 - Grant Of Franchise Authorized
The commissioners court of a county may grant to a person a franchise for the construction, maintenance, and operation of a toll underpass or tunnel ...
- Texas Transportation Code Section 282.003 - Term Of Franchise
The term of a franchise granted under this chapter may not exceed 50 years. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 282.004 - Contract Authorized
The commissioners court may contract with the franchisee to finance, construct, own, maintain, and operate a toll underpass or tunnel and any approach. Acts 1995, ...
- Texas Transportation Code Section 282.005 - Maintenance Required
(a) The franchise must be conditioned on the franchisee's building and keeping in continuous repair, for the term of the franchise, the toll underpass or ...
- Texas Transportation Code Section 282.006 - Toll
The commissioners court and the franchisee shall agree on a reasonable toll to impose for all cattle, railroads, persons, or vehicles that pass through the ...
- Texas Transportation Code Section 282.007 - Option Of County To Purchase
The contract and franchise granted may provide that the county has the right to purchase the underpass or tunnel at the time and price specified ...
- Texas Transportation Code Section 282.008 - Ownership By County Authorized
The commissioners court may provide for the county to construct, acquire, own, and operate an underpass or tunnel and any necessary approach as part of ...
- Texas Transportation Code Section 282.009 - Crossing Under Navigable Body Of Water
The franchise must provide that the underpass or tunnel be constructed so that, where it crosses a navigable body of water, the tunnel or underpass ...
- Texas Transportation Code Section 282.010 - Toll By County Authorized
The commissioners court of a county that operates an underpass or tunnel may impose a toll for use of the underpass or tunnel. Acts 1995, ...
- Texas Transportation Code Section 282.011 - Condemnation Of Right-Of-Way Or Easement
A county may condemn a right-of-way or easement in real property necessary to construct an underpass, tunnel, or approach. Acts 1995, 74th Leg., ch. 165, ...
- Texas Transportation Code Section 282.012 - Grants Or Loans Of Public Funds
A commissioners court may enter into an agreement that relates to a grant or loan of public funds from the federal government as necessary to ...
- Texas Transportation Code Section 283.001 - Definitions
In this chapter: (1) "Bondholder" includes a trustee for a bondholder. (2) "Bond instrument" means a bond resolution or trust indenture. (3) "Interim bond" means ...
- Texas Transportation Code Section 283.002 - Applicability
This chapter applies only to a county that: (1) borders on the Gulf of Mexico; and (2) has a population of at least 20,000 as ...
- Texas Transportation Code Section 283.003 - General Authority To Act
(a) Except as provided in Subsection (b), a county acting through its commissioners court may: (1) construct, acquire, improve, operate, and maintain a project; (2) ...
- Texas Transportation Code Section 283.101 - Acquisition Of Property
(a) A county acting under this chapter may enter on land, water, or other premises to make a survey, sounding, or examination of the property. ...
- Texas Transportation Code Section 283.102 - Management Of Project
(a) A bond instrument may allow the project to be managed and controlled by a board of trustees while the bonds issued are outstanding. (b) ...
- Texas Transportation Code Section 283.103 - Tolls Required
The county shall impose tolls and other charges for use of the project in amounts that are sufficient to: (1) pay operation and maintenance costs ...
- Texas Transportation Code Section 283.104 - Operation And Maintenance Of Project
(a) The commission may: (1) agree with a county to operate, maintain, or contribute to the maintenance costs of a project if the agreement is ...
- Texas Transportation Code Section 283.201 - Bond Proceeds
(a) Except as provided in Subsection (b), the proceeds of bonds issued under this chapter shall be: (1) used only to pay the cost of ...
- Texas Transportation Code Section 283.202 - Costs And Expenses
(a) The cost of the project may include: (1) the cost of construction; (2) the cost of all property used in the construction, acquisition, improvement, ...
- Texas Transportation Code Section 283.203 - Source Of Repayment
(a) A bond authorized by this chapter may be paid only from the revenues received from the operation of the project. (b) The bond is ...
- Texas Transportation Code Section 283.204 - Depository For Proceeds And Revenues
A bank or trust company in this state may: (1) act as a depository of bond proceeds or revenues received from the operation of a ...
- Texas Transportation Code Section 283.205 - Trust Indenture Permitted
(a) A bond authorized by this chapter may be secured by a trust indenture between the county and a corporate trustee that is a trust ...
- Texas Transportation Code Section 283.206 - Bond Provisions
(a) A bond authorized by this chapter shall contain the following clause: "The holder hereof shall never have the right to demand payment of this ...
- Texas Transportation Code Section 283.207 - Bond Approval And Registration
(a) A bond issued under this chapter may be presented to the attorney general for approval in the same manner and with like effect as ...
- Texas Transportation Code Section 283.208 - Rights Of Bondholders
(a) A bond issued under this chapter creates and grants a lien on bond proceeds in favor of a bondholder until the bond is paid. ...
- Texas Transportation Code Section 283.209 - Receivership
(a) A receiver appointed under Section 283.208, acting in the same manner as the county, may: (1) take possession of the project; (2) maintain the ...
- Texas Transportation Code Section 283.210 - Tax Status Of Bonds
A bond issued under this chapter, the transfer of and income from the bond, and any profit made in the sale of the bond is ...
- Texas Transportation Code Section 284.001 - Definitions
In this chapter: (1) "Bond instrument" means a bond trust indenture and a bond resolution. (2) "Bond resolution" means an order or resolution of a ...
- Texas Transportation Code Section 284.002 - Applicability To Certain Counties And Local Government Corporations
(a) Except as provided by Subsection (b), this chapter applies only to a county that: (1) has a population of 50,000 or more and borders ...
- Texas Transportation Code Section 284.003 - Project Authorized; Construction, Operation, And Cost
A county, acting through the commissioners court of the county, or a local government corporation, without state approval, supervision, or regulation, may: (1) construct, acquire, ...
- Texas Transportation Code Section 284.004 - Use Of County Property
Notwithstanding any other law, a county may use any county property for a project under this chapter, regardless of when or how the property is ...
- Texas Transportation Code Section 284.005 - Conveyance To County
The governing body of a political subdivision or agency of this state may convey title or right and easements to property needed by a county ...
- Texas Transportation Code Section 284.006 - Federal Or State Aid
A county may: (1) accept from the United States or this state assistance or a loan, gift, grant, or contribution to acquire, construct, improve, maintain, ...
- Texas Transportation Code Section 284.007 - Contracts For Historically Underutilized Businesses
(a) A county with a population of more than 2.4 million operating under this chapter shall set and make a good faith effort to meet ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 284.011 - Transfer Of Project To Department
Text of section as added by Acts 2005, 79th Leg., ch. 281, § 2.50 (a) A county may transfer to the department a project ...
- Texas Transportation Code Section 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 ...
- Texas Transportation Code Section 284.012 - Transfer Of Assets
(a) A county, acting through the commissioners court of the county, may submit a request to the commission for authorization to create a regional mobility ...
- Texas Transportation Code Section 284.031 - Bonds Authorized
(a) A county may issue bonds for a project under this chapter that are secured: (1) solely by the pledge of the gross or net ...
- Texas Transportation Code Section 284.032 - Tax Bond Election
Bonds wholly or partly supported by an ad valorem tax may not be issued without an election at which the issuance of the bonds is ...
- Texas Transportation Code Section 284.033 - Interim Bonds
(a) A county may, before issuing definitive bonds, issue interim bonds, with or without coupons, exchangeable for definitive bonds. (b) The interim bonds may be ...
- Texas Transportation Code Section 284.034 - Bond Sale To Pay Outstanding Bonds
A county acting through its commissioners court that issues bonds payable from revenues from tolls collected for the use of a project under this chapter ...
- Texas Transportation Code Section 284.035 - Bond Approval And Registration
(a) Bonds under this chapter may be presented to the attorney general for approval in the same manner as provided for approval of tax bonds ...
- Texas Transportation Code Section 284.036 - Bonds Secured Solely By Revenue
Bonds secured solely by a pledge of project revenue: (1) are not a debt of the county issuing the bonds but are solely a charge ...
- Texas Transportation Code Section 284.037 - Revenue Bond Election Not Required
(a) The issuance of bonds under this chapter that are payable solely from revenues may be authorized without an election. (b) If an election is ...
- Texas Transportation Code Section 284.038 - Revenue Bonds: Ad Valorem Tax For Maintenance And Operation
(a) A county issuing bonds under this chapter that are secured solely by a pledge of revenues may: (1) by the bond resolution, authorize the ...
- Texas Transportation Code Section 284.039 - Bonds Are Securities
The bonds issued and delivered under this chapter and interest coupons on the bonds are a security under Chapter 8, Business & Commerce Code. Acts ...
- Texas Transportation Code Section 284.040 - Effect Of Lien
(a) A lien on or a pledge of revenue from a project under this chapter or on a reserve, replacement, or other fund established in ...
- Texas Transportation Code Section 284.041 - Refunding Bonds
Subject to any restriction in a bond instrument, a refunding bond may not be delivered unless delivered in exchange for the bond authorized to be ...
- Texas Transportation Code Section 284.042 - Use Of Bond Proceeds; Lien
(a) The proceeds of bonds issued under this chapter: (1) may be used only to pay the costs of the project described by Section 284.043; ...
- Texas Transportation Code Section 284.043 - Costs And Expenses
(a) The cost of the project may include: (1) the cost of construction; (2) the cost of any property, appurtenance, easement, contract, franchise, or pavement ...
- Texas Transportation Code Section 284.044 - Depository
A bank or trust company in this state may: (1) act as depository of bond proceeds or revenues derived from the operation of the project; ...
- Texas Transportation Code Section 284.045 - Bonds Tax Free
Bonds under this chapter and the transfer of and income from the bonds, including a profit made on the sale of the bonds, are exempt ...
- Texas Transportation Code Section 284.046 - Bondholder Rights
(a) In addition to all other rights by mandamus or other court proceeding, a holder or trustee of a bond issued under this chapter may ...
- Texas Transportation Code Section 284.061 - Acquisition Of Property
(a) To acquire property useful in connection with a project, a county may enter on any real property, water, or premises to make a survey, ...
- Texas Transportation Code Section 284.0615 - Declaration Of Taking By Certain Counties
(a) This section applies only to a county with a population of 3.3 million or more. (b) If, in connection with a project under this ...
- Texas Transportation Code Section 284.062 - Ferry
The commissioners court may purchase or lease a ferry property and operate the property over the route to be traversed by a project under this ...
- Texas Transportation Code Section 284.063 - Contract For Project Construction
(a) A county may enter into an agreement with a political subdivision or agency of this state to construct, acquire, improve, operate, and maintain a ...
- Texas Transportation Code Section 284.064 - Contract To Operate
(a) A county may contract with another person for the person to operate all or part of a project under this chapter to the extent ...
- Texas Transportation Code Section 284.065 - Pooled Projects
(a) A commissioners court of a county by resolution may pool two or more projects the county constructs under this chapter. (b) An existing project ...
- Texas Transportation Code Section 284.066 - Operating Board
(a) A commissioners court may appoint an operating board if the commissioners court determines that a project under this chapter could be developed, constructed, operated, ...
- Texas Transportation Code Section 284.0665 - Compensation Of Operating Board Members
(a) In this section, "performing the duties of the operating board" means substantive performance of the management or business of a project: (1) including participation ...
- Texas Transportation Code Section 284.067 - Projects Extending Into Other Counties
(a) A county may not construct or acquire a project that is financed under this chapter and any part of which is in another county ...
- Texas Transportation Code Section 284.068 - Reconstruction Of Closed Or Relocated Nontoll Roads, Streets, Or Highways
If under this chapter a county closes or changes the location of a portion of a nontoll road, street, or highway, the county shall reconstruct ...
- Texas Transportation Code Section 284.069 - Tolls And Charges
If bonds under this chapter are payable in whole or in part from project revenue, the county shall impose tolls and charges that are, together ...
- Texas Transportation Code Section 284.070 - Nonpayment Of Toll; Offense
(a) A person commits an offense if the person: (1) operates a vehicle on a county project; and (2) fails or refuses to pay a ...
- Texas Transportation Code Section 284.0701 - Administrative Costs; Notice; Offense
(a) In the event of an offense committed under Section 284.070, on issuance of a written notice of nonpayment, the registered owner of the nonpaying ...
- Texas Transportation Code Section 284.0702 - Prima Facie Evidence; Defense
(a) In the prosecution of an offense under Section 284.070 or 284.0701, proof that the vehicle was driven or towed through the toll collection facility ...
- Texas Transportation Code Section 284.071 - Controlled Access To Toll Road
(a) The commissioners court of a county by order may designate a toll road established for the county under this chapter as a controlled-access toll ...
- Texas Transportation Code Section 284.072 - Promotion Of Toll Roads
The commissioners court of a county may promote the use of a toll road operated under this chapter by appropriate means, including advertising or marketing ...
- Texas Transportation Code Section 284.073 - Powers And Duties Of Receiver
(a) A receiver appointed for a project may enter, take possession of, and maintain the project. (b) A receiver may collect all revenues and tolls ...
- Texas Transportation Code Section 284.074 - Tax And Assessment Exemption: Projects
Each part of a project is exempt from taxation and assessment. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 284.201 - Applicability Of Subchapter
This subchapter applies only to: (1) a county with a population of more than 3.3 million; or (2) a county adjacent to a county with ...
- Texas Transportation Code Section 284.202 - Order Prohibiting Operation Of Motor Vehicle On Toll Project
(a) The commissioners court of a county by order may prohibit the operation of a motor vehicle on a county project described by Section 284.001(3) ...
- Texas Transportation Code Section 284.203 - Violation Of Order; Offense
(a) A person commits an offense if the person operates a motor vehicle or causes or allows the operation of a motor vehicle in violation ...
- Texas Transportation Code Section 284.2031 - Civil And Criminal Enforcement Cost
(a) A county may impose, in addition to other costs, $1 as a court cost on conviction to a defendant convicted of an offense under ...
- Texas Transportation Code Section 284.2032 - Additional Administrative Cost In Certain Counties
(a) A county with a population of 3.3 million or more may impose, in addition to other costs, $1 as an administrative cost associated with ...
- Texas Transportation Code Section 284.204 - Administrative Adjudication Hearing Procedure
(a) The commissioners court of a county may adopt an administrative adjudication hearing procedure for a person who is suspected of having violated an order ...
- Texas Transportation Code Section 284.205 - Citation Or Summons
(a) A citation or summons issued under this subchapter must: (1) inform the recipient of the time and place of the hearing; and (2) notify ...
- Texas Transportation Code Section 284.206 - Administrative Hearing: Presumption; Evidence Of Ownership
(a) In an administrative adjudication hearing under this subchapter it is presumed that the registered owner of the motor vehicle that is the subject of ...
- Texas Transportation Code Section 284.207 - Attendance On Hearing
(a) The peace officer or toll road agent who alleges a violation is not required to attend the hearing. (b) The failure of a person ...
- Texas Transportation Code Section 284.208 - Decision Of Hearing Officer
(a) The hearing officer shall issue a decision stating: (1) whether the person charged is liable for a violation of the order; and (2) the ...
- Texas Transportation Code Section 284.209 - Enforcement Of Decision
A decision issued under Section 284.208(a) may be enforced by: (1) placing a device that prohibits movement of a motor vehicle on the vehicle that ...
- Texas Transportation Code Section 284.210 - Appeal Of Hearing Officer Decision
(a) A person determined by a hearing officer to be in violation of an order may appeal the determination to a county court at law. ...
- Texas Transportation Code Section 284.211 - Hearing On Appeal
The court in which an appeal petition is filed shall: (1) schedule a hearing; and (2) notify all parties of the date, time, and place ...
- Texas Transportation Code Section 284.212 - Effect Of Appeal
Service of notice of appeal does not stay the enforcement and collection of the decision of the hearing officer unless the person who files the ...
- Texas Transportation Code Section 284.213 - Seizure Of Transponders
(a) For purposes of this section, "transponder" means a device, placed on or within a motor vehicle, that is capable of transmitting information used to ...
- Texas Transportation Code Section 285.001 - Regulation Of Roadside Vendor And Solicitor
To promote the public safety, the commissioners court of a county with a population of more than 2.2 million by order may regulate the following ...
- Texas Transportation Code Section 285.002 - Permit; Removal Of Structure
The commissioners court may: (1) require a vendor or a person soliciting money to obtain a permit to sell the food or merchandise or to ...
- Texas Transportation Code Section 285.003 - Conflict With Statute Or State Agency Rule
If a regulation adopted under this chapter conflicts with a statute or state agency rule, the statute or rule prevails to the extent of the ...
- Texas Transportation Code Section 285.004 - Violation Of Regulation; Offense
(a) A person commits an offense if the person knowingly: (1) violates a regulation adopted under this chapter; or (2) obstructs or threatens to obstruct ...
- Texas Transportation Code Section 286.001 - Applicability
This subchapter applies only to Galveston County and Cameron County. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 286.002 - Road Improvement And Assessment
(a) The commissioners court of the county may improve a county road in the county by: (1) filling, grading, raising, paving, or repairing the road ...
- Texas Transportation Code Section 286.003 - Assessment Limited
(a) The commissioners court may not make an assessment against abutting property or the owners of the property in excess of the special benefit to ...
- Texas Transportation Code Section 286.004 - Assessment Of Exempt Property
(a) This subchapter does not authorize the commissioners court to create a lien against an interest in property that is exempt from the lien of ...
- Texas Transportation Code Section 286.005 - Apportionment Of Costs
(a) The commissioners court shall apportion the part of the cost of an improvement assessed against abutting property among the parcels of the abutting property ...
- Texas Transportation Code Section 286.006 - Changes In Improvement Proceedings; Abandonment
(a) The commissioners court may change a plan, method, or contract relating to an improvement. (b) The commissioners court may not make a change that ...
- Texas Transportation Code Section 286.007 - Notice And Other Prehearing Requirements
(a) A commissioners court may make an assessment under Section 286.002 only after notice and an opportunity for a hearing is provided in accordance with ...
- Texas Transportation Code Section 286.008 - Hearing
The commissioners court shall hold a hearing at which a person who owns an interest in property that abuts a county road that is to ...
- Texas Transportation Code Section 286.009 - Appeal
(a) Not later than the 15th day after the date the commissioners court makes an assessment under Section 286.002, a person who owns or claims ...
- Texas Transportation Code Section 286.010 - Defenses To Actions For Assessments
The only defenses to an assessment in a suit to enforce the assessment are that: (1) the assessment exceeds the amount of the estimated assessment ...
- Texas Transportation Code Section 286.011 - Word Or Act Of Officer Or Employee
Nothing said or done by a county officer or employee or a member of the commissioners court affects this subchapter. Acts 1995, 74th Leg., ch. ...
- Texas Transportation Code Section 286.012 - Certificate Of Assessment
(a) The commissioners court may issue an assignable certificate that: (1) is evidence of an assessment made under this subchapter; and (2) declares: (A) the ...
- Texas Transportation Code Section 286.013 - Validity Of Assessment
An assessment related to the cost of an improvement that is to be constructed is not valid unless the commissioners court: (1) makes or causes ...
- Texas Transportation Code Section 286.014 - Correction Of Assessment; Subsequent Assessment
(a) If an assessment is held or determined to be invalid or unenforceable, the commissioners court may correct: (1) a deficiency in a proceeding relating ...
- Texas Transportation Code Section 286.041 - Applicability
This subchapter applies only to Live Oak County. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 286.042 - Assessment Provisions
(a) The commissioners court of the county may finance all or part of the cost of improving a portion of the county road system located ...
- Texas Transportation Code Section 286.043 - Assessment Lien
(a) The county has a lien on assessed property under this subchapter that takes effect on the date the assessment is made. (b) The lien ...
- Texas Transportation Code Section 286.044 - Assessment Liens On Certain Exempt Property
(a) The county may not assess a lien against property that on the date the commissioners court orders the assessment is exempt by law from ...
- Texas Transportation Code Section 286.045 - Apportionment Of Costs
(a) The commissioners court shall apportion the assessed cost of improving a county road in accordance with the front foot rule which may vary among ...
- Texas Transportation Code Section 286.046 - Plan Of Proposed Road Improvement
(a) The commissioners court shall prepare a plan of each proposed improvement that is to be financed by an assessment under Section 286.042. (b) The ...
- Texas Transportation Code Section 286.047 - Notice And Order For Hearing
(a) After preparing the plan required by Section 286.046, the commissioners court by order shall set a time, date, and place for a public hearing ...
- Texas Transportation Code Section 286.048 - Hearing
(a) The commissioners court shall hold a public hearing at which an owner of an interest in property that abuts a proposed improvement may contest: ...
- Texas Transportation Code Section 286.049 - Appeal
(a) Not later than the 15th day after the date the commissioners court makes an assessment under this subchapter, the owner of an interest in ...
- Texas Transportation Code Section 286.050 - Enforcement Of Assessment Or Liability
(a) A lien against assessed property and the personal liability of the owner may be enforced by suit in district court. An amount equal to ...
- Texas Transportation Code Section 286.051 - Certificate Of Assessment
(a) The commissioners court of the county may issue an assignable certificate in the county's name that: (1) certifies an assessment imposed under this subchapter; ...
- Texas Transportation Code Section 286.052 - Correction Of Assessment; Subsequent Assessment
(a) If an assessment is held invalid or unenforceable, the commissioners court may: (1) correct an error related to the assessment; and (2) after a ...
- Texas Transportation Code Section 286.053 - Subsequent Assessment Certificate
(a) The commissioners court may issue a subsequent assessment certificate that reflects each modification of the original assessment. (b) A subsequent assessment certificate has the ...
- Texas Transportation Code Section 286.061 - Applicability
This subchapter applies only to Leon County and Madison County. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 286.062 - Definitions
In this subchapter: (1) "Public water" includes a public stream, river, bay, or lake. (2) "Navigable stream" has the meaning assigned by Section 21.001, Natural ...
- Texas Transportation Code Section 286.063 - Public Necessity For Additional Roads; Purpose
(a) A public necessity for additional roads is created by the lack of adequate roads for general public access to a navigable stream, public lake, ...
- Texas Transportation Code Section 286.064 - Public Road
The commissioners court may declare to be a public road to furnish access to public water a: (1) line between parcels of real property having ...
- Texas Transportation Code Section 286.065 - Application For Public Road
(a) A person who lives within an enclosure described by Section 286.064(5), or 10 residents of the county, may file a sworn application with the ...
- Texas Transportation Code Section 286.066 - Notice Of Application
(a) On the filing of an application under Section 286.065, the county clerk shall issue to the sheriff or a constable a notice that commands ...
- Texas Transportation Code Section 286.067 - Opening Of Road To Public Water
(a) The commissioners court by order shall declare each line designated in the application or designated by the commissioners court to be a public road ...
- Texas Transportation Code Section 286.068 - Roadwork
The commissioners court is not required to keep a road declared to be a public road under this subchapter worked by road hands. Acts 1995, ...
- Texas Transportation Code Section 286.069 - Damages And Costs
(a) A jury of freeholders shall assess any damage to a property owner under this subchapter in the manner provided for other public roads. (b) ...
- Texas Transportation Code Section 286.070 - Opening Road Parallel To Navigable Stream
(a) On the filing of an application in accordance with Sections 286.064 through 286.069, the commissioners court may issue an order that opens, in accordance ...
- Texas Transportation Code Section 286.081 - Election For County Road System
(a) The commissioners court of Gregg County shall order an election on the question of the adoption of the optional county road system under Subchapter ...
- Texas Transportation Code Section 311.001 - General Authority Of Home-Rule Municipality
(a) A home-rule municipality has exclusive control over and under the public highways, streets, and alleys of the municipality. (b) The municipality may: (1) control, ...
- Texas Transportation Code Section 311.002 - General Authority Of General-Law Municipality
(a) A general-law municipality has exclusive control over the highways, streets, and alleys of the municipality. (b) The municipality may: (1) abate or remove an ...
- Texas Transportation Code Section 311.003 - Additional Authority Of Type A General-Law Municipality
The governing body of a Type A general-law municipality may: (1) prevent an encroachment or obstruction on a sidewalk in the municipality; (2) abate an ...
- Texas Transportation Code Section 311.004 - Authority Over Sidewalk In Home-Rule Municipality
A home-rule municipality may: (1) construct a sidewalk; (2) provide for the improvement of a sidewalk or the construction of a curb under an ordinance ...
- Texas Transportation Code Section 311.005 - Movement Of Structure On Street In Home-Rule Municipality
A home-rule municipality may regulate the movement of a structure over or on a street of the municipality. Acts 1995, 74th Leg., ch. 165, § ...
- Texas Transportation Code Section 311.006 - Authority Of County To Improve Street In Type B General-Law Municipality
To facilitate travel on a street in a Type B general-law municipality, the commissioners court of a county may construct a bridge for or otherwise ...
- Texas Transportation Code Section 311.007 - Closing Of Street Or Alley By Home-Rule Municipality
A home-rule municipality may vacate, abandon, or close a street or alley. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 311.008 - Closing Of Street Or Alley By General-Law Municipality
The governing body of a general-law municipality by ordinance may vacate, abandon, or close a street or alley of the municipality if a petition signed ...
- Texas Transportation Code Section 311.031 - Definition
In this subchapter, "freeway" means a municipal street for which the right of access to or from adjoining land has been acquired in whole or ...
- Texas Transportation Code Section 311.032 - Establishment Of Freeway
(a) The governing body of a municipality may establish, maintain, and operate a freeway. (b) To establish a freeway by using a street that exists ...
- Texas Transportation Code Section 311.033 - Acquisition Of Land
For the purposes of this subchapter, the governing body may acquire necessary property or property rights by gift, devise, purchase, or condemnation in the same ...
- Texas Transportation Code Section 311.034 - Control Of Intersecting Street
The governing body of a municipality may: (1) close a street in the municipality at or near the place the street intersects a freeway; (2) ...
- Texas Transportation Code Section 311.035 - Lease Of Land Under Freeway
(a) A governmental agency that holds the title and property rights to land on which a freeway is located may lease for parking purposes the ...
- Texas Transportation Code Section 311.051 - Regulation Of Street Railway By Type A General-Law Municipality
(a) The governing body of a Type A general-law municipality may: (1) require a street railway company to: (A) keep the company's roads in repair; ...
- Texas Transportation Code Section 311.052 - Regulation Of Railroad By Type A General-Law Municipality
The governing body of a Type A general-law municipality may: (1) direct and control the location and construction of railroad tracks, turnouts, and switches and ...
- Texas Transportation Code Section 311.053 - Closing Street For Certain Purposes In General-Law Or Special-Law Municipality
The governing body of a general-law municipality or special-law municipality may close temporarily or permanently any part of a street or alley for the exclusive ...
- Texas Transportation Code Section 311.071 - Authority To Grant Franchise
(a) The governing body of a home-rule municipality by ordinance may grant to a person a franchise to use or occupy a public street or ...
- Texas Transportation Code Section 311.072 - Prohibition Of Grant By Charter
The charter of the municipality may not grant to a person a franchise described by Section 311.071. Acts 1995, 74th Leg., ch. 165, § 1, ...
- Texas Transportation Code Section 311.073 - Election After Petition
(a) The governing body shall submit to the voters of the municipality the question of granting a franchise to a person if, before the effective ...
- Texas Transportation Code Section 311.074 - Election Date
After receipt of a petition under Section 311.073, the election shall be held on the first uniform election date prescribed by Section 41.001, Election Code, ...
- Texas Transportation Code Section 311.075 - Election Notice
(a) Notice of the election must be published in a daily newspaper in the municipality for at least 20 successive days before the date of ...
- Texas Transportation Code Section 311.076 - Ballot Proposition
The ballot at the election shall be printed to provide for voting for or against the proposition: "Granting of a franchise (brief description of the ...
- Texas Transportation Code Section 311.077 - Effective Date Of Franchise
If a majority of the votes cast at the election favor the proposition: (1) the governing body shall declare that result on canvassing the election ...
- Texas Transportation Code Section 311.078 - Duration Of Franchise
A franchise under this subchapter may not extend beyond the period set for its termination. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. ...
- Texas Transportation Code Section 311.091 - Assessment For Street Improvement In Home-Rule Municipality
(a) A home-rule municipality may assess a landowner for the cost of improving a public highway, street, or alley abutting the owner's land, if the ...
- Texas Transportation Code Section 311.092 - Assessment For Opening, Extending, Or Widening Of Street Or Alley In Home-Rule Municipality
(a) A home-rule municipality may: (1) acquire land necessary for opening, extending, or widening a public street or alley by the exercise of the right ...
- Texas Transportation Code Section 311.093 - Assessment For Sidewalk In Home-Rule Municipality
(a) A home-rule municipality may assess a landowner for the entire cost of constructing a sidewalk, including a curb, abutting the owner's land. (b) The ...
- Texas Transportation Code Section 311.094 - Other Financing Methods In Charter Of Home-Rule Municipality
(a) A home-rule municipality by charter may adopt any other method of financing an improvement described by Section 311.091, 311.092, or 311.093. (b) Another method ...
- Texas Transportation Code Section 311.095 - Assessment For Street Improvement In Type A General-Law Municipality
(a) The governing body of a Type A general-law municipality, by a two-thirds vote of the aldermen present, may improve a street or alley under ...
- Texas Transportation Code Section 311.096 - Cost Of Sidewalk In Type A General-Law Municipality
(a) The governing body of a Type A general-law municipality may require the owner of a lot, or part of a lot or block, in ...
- Texas Transportation Code Section 311.901 - Regulation Of Animals On Street Of Type A General-Law Municipality
The governing body of a Type A general-law municipality may: (1) prohibit or suppress horse racing on a street or immoderate riding or driving of ...
- Texas Transportation Code Section 311.902 - Street Lighting In Type A General-Law Municipality
The governing body of a Type A general-law municipality may: (1) provide for and regulate the lighting of a street; (2) create or change lamp ...
- Texas Transportation Code Section 311.903 - Street Work Required Of Inhabitant In Type B General-Law Municipality
(a) The governing body of a Type B general-law municipality may require the male inhabitants of the municipality who are at least 18 years of ...
- Texas Transportation Code Section 311.904 - Former President's Street In Home-Rule Municipality
A home-rule municipality, alone or in conjunction with another person, may regulate or restrict access to a street or alley in the municipality on which ...
- Texas Transportation Code Section 312.001 - Definitions
In this subchapter and in Subchapters B and C: (1) "Highway" includes all or any part of a street, alley, or public place or square ...
- Texas Transportation Code Section 312.002 - Applicability And Adoption Of Subchapters
(a) This subchapter and Subchapters B and C apply only to a municipality that has adopted those subchapters as provided by this section. (b) To ...
- Texas Transportation Code Section 312.003 - Highway Improvement
A municipality may: (1) order the improvement of a highway in the municipality's limits; (2) select the materials and methods to be used in that ...
- Texas Transportation Code Section 312.004 - Conflict Of Laws
To the extent of a conflict between this subchapter or Subchapter B or C and a law granting a special charter to a municipality, the ...
- Texas Transportation Code Section 312.021 - Payment For Improvement
(a) Payment for an improvement under Subchapter A may be made either entirely by the municipality or partly by the municipality and partly by the ...
- Texas Transportation Code Section 312.022 - Assessment Ordinance
(a) The governing body of a municipality by ordinance may assess the cost of an improvement made under Subchapter A against property that abuts and ...
- Texas Transportation Code Section 312.023 - Assessment Or Tax Against Railway
(a) The governing body of a municipality may assess against the owner of a railroad that occupies a highway ordered to be improved the entire ...
- Texas Transportation Code Section 312.024 - Correction Of Error; Reassessment
(a) The governing body of a municipality may correct a mistake or irregularity in a proceeding regarding an improvement or in an assessment of the ...
- Texas Transportation Code Section 312.041 - Hearing Required
(a) An assessment against property abutting an improvement or against the owner of the property may be made under Subchapter B only after the property ...
- Texas Transportation Code Section 312.042 - Hearing
(a) A hearing under this subchapter shall be before the governing body of the municipality. (b) An owner of property abutting a proposed improvement is ...
- Texas Transportation Code Section 312.043 - Notice And Hearing: Rules
The governing body of a municipality by ordinance shall adopt rules providing for giving notice and hearing as provided by this subchapter. Acts 1995, 74th ...
- Texas Transportation Code Section 312.044 - No Lien On Exempt Property; Liability Of Owner
(a) This chapter does not authorize a municipality to create a lien by assessment against property that by law is exempt from sale under execution. ...
- Texas Transportation Code Section 312.045 - Right To Appeal
(a) A property owner against whose property or against whom the assessment has been made may bring suit to set aside or correct the assessment ...
- Texas Transportation Code Section 312.046 - Enforcement Of Assessment Lien And Liability
(a) An assessment lien created against property or the personal liability of the property owner may be enforced by suit or by sale of the ...
- Texas Transportation Code Section 312.047 - Assessment Certificate
(a) A municipality that makes an assessment under Section 312.022 may: (1) issue in its name an assignable certificate that declares the liability of the ...
- Texas Transportation Code Section 312.061 - Definition
In this subchapter, "improvement" means the opening, straightening, widening, paving, constructing, or grading of a street, alley, sidewalk, gutter, or public way. Acts 1995, 74th ...
- Texas Transportation Code Section 312.062 - Assessment Following Void Or Erroneous Assessment
(a) The governing body of a municipality may assess property that abuts an improvement with the amount of the cost of the improvement if for ...
- Texas Transportation Code Section 312.063 - Notice Of Assessment
(a) An assessment may be made under this subchapter only if at least 10 days' written notice and an opportunity to be heard on the ...
- Texas Transportation Code Section 312.064 - Assessment Lien And Liability
(a) An assessment under this subchapter is payable in not less than five equal, annual installments. (b) An assessment under this subchapter is a lien ...
- Texas Transportation Code Section 312.065 - Time Limit On Assessment
(a) A proceeding to assess property under this subchapter may not be started later than three years after the date on which the improvement abutting ...
- Texas Transportation Code Section 312.066 - Assessments In Certain Municipalities
(a) The amount of an assessment made by the governing body of a municipality with fewer than 5,000 inhabitants may equal the entire cost of ...
- Texas Transportation Code Section 312.067 - Right To Appeal
(a) A property owner against whose property or against whom an assessment has been made may appeal to a court the decision of the governing ...
- Texas Transportation Code Section 313.001 - Definitions
In this chapter: (1) "Cost" includes an expense of engineering and other expense incident to construction of an improvement. (2) "Governing body" means the governing ...
- Texas Transportation Code Section 313.002 - Applicability Of Chapter
This chapter applies only to a municipality that has a population of more than 1,000. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. ...
- Texas Transportation Code Section 313.003 - General Powers Of Governing Body
(a) The governing body of a municipality may: (1) determine the necessity for and order the improvement of a highway in the municipality; (2) contract ...
- Texas Transportation Code Section 313.021 - Highway Improvements Authorized
(a) A municipality may improve a highway within its limits. (b) A municipality that has a population of more than 285,000 may make an improvement ...
- Texas Transportation Code Section 313.022 - Contract For Improvement Of Boundary Highway
(a) A municipality may contract with another municipality for one municipality to make an improvement to a part of a highway as provided by this ...
- Texas Transportation Code Section 313.023 - Payment For Improvement
Payment for an improvement under this chapter may be paid entirely by the municipality or may be paid partly by the municipality and partly by ...
- Texas Transportation Code Section 313.024 - Estimate Of Cost
If part of the cost of an improvement is to be paid by the property abutting the part of the highway to be improved and ...
- Texas Transportation Code Section 313.041 - Definition
In this subchapter, "railway" includes a street railway and an interurban. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 313.042 - Assessment Ordinance
(a) The governing body of a municipality by ordinance may assess the cost of an improvement under this chapter against property that abuts the highway ...
- Texas Transportation Code Section 313.043 - Assessment Against Parcels Owned Jointly
(a) A single assessment may be made against multiple parcels of property owned by the same person. (b) Property owned jointly may be assessed jointly. ...
- Texas Transportation Code Section 313.044 - Assessment Apportioned Under Front Foot Rule Unless Inequitable
(a) A cost of an improvement that is assessed against abutting property and the owners of the property shall be apportioned among the parcels of ...
- Texas Transportation Code Section 313.045 - Assessment Or Tax On Railways For Certain Improvements
(a) The governing body of a municipality may assess against a railway that uses, occupies, or crosses a highway the cost of a highway improvement ...
- Texas Transportation Code Section 313.046 - Assessment For Improvement Of Boundary Highway
(a) If part of the boundary of a municipality is on or along a highway, the municipality may improve that part of the highway and ...
- Texas Transportation Code Section 313.047 - Notice Of Hearing On Assessment
(a) An assessment may be made against an abutting property or its owner or against a railway or its owner only after notice and opportunity ...
- Texas Transportation Code Section 313.048 - Hearing
(a) A hearing under this subchapter shall be before the governing body of the municipality. (b) The owner of property abutting a proposed improvement or ...
- Texas Transportation Code Section 313.049 - Appeal Of Assessment
(a) A person who owns or claims an interest in assessed property or in an assessed railway may bring suit to contest: (1) the amount ...
- Texas Transportation Code Section 313.050 - Correction Of Assessments
If an assessment is determined to be invalid or unenforceable, the governing body of the municipality may: (1) supply any deficiency in the assessment proceedings; ...
- Texas Transportation Code Section 313.051 - No Lien On Exempt Property; Liability Of Owner
(a) This chapter does not authorize a lien against an interest in property that, at the time an improvement is ordered, is exempt from any ...
- Texas Transportation Code Section 313.052 - Assessment Certificates
(a) The governing body may issue in the name of the municipality an assignable certificate to evidence an assessment imposed. The certificate may declare the ...
- Texas Transportation Code Section 313.053 - Changes In Proceedings; Procedure
(a) The governing body of a municipality may change a plan, method, or contract for an improvement or other proceeding related to a plan, method, ...
- Texas Transportation Code Section 313.054 - Enforcement Of Assessment; Priority Of Lien; Defenses
(a) An assessment under this subchapter: (1) is collectible with interest, expense of collection, and reasonable attorney's fees, if incurred; (2) is a first and ...
- Texas Transportation Code Section 313.055 - Chapter Not Affected By Statements Or Actions Of Municipal Officers Or Employees
Nothing said or done by an employee or officer of a municipality, including a member of the governing body of the municipality, as shown in ...
- Texas Transportation Code Section 314.001 - Applicability
This chapter applies only to a municipality with a population of more than 1,000. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 314.011 - Acquisition Of Property For Highway Improvements By Municipality
(a) The governing body of a municipality may purchase or condemn property to lay out, construct, improve, or extend any highway within its boundaries. (b) ...
- Texas Transportation Code Section 314.012 - Resolution
(a) A governing body that determines to proceed under this chapter shall declare its determination by resolution that may: (1) state the nature, extent, and ...
- Texas Transportation Code Section 314.013 - Survey
(a) On passage of the resolution, the municipal engineer or engineer designated by the governing body shall prepare and submit to the governing body: (1) ...
- Texas Transportation Code Section 314.021 - Appointment Of Condemnation Commission
(a) In addition to qualifying under Section 21.014(a), Property Code, a member of a condemnation commission must be a qualified voter. (b) If a commissioner ...
- Texas Transportation Code Section 314.022 - Notice Of Condemnation
(a) The commission or the clerk, secretary, or recording officer of a municipality shall give written notice of a hearing before the commission to: (1) ...
- Texas Transportation Code Section 314.023 - Hearing On Condemnation
(a) Each owner, lienholder, or other interested party is entitled to appear at the hearing in person or by agent and be heard regarding: (1) ...
- Texas Transportation Code Section 314.024 - Objections
(a) Not later than the 10th day after the date the commission files a report under Section 314.023 with the court, a party affected by ...
- Texas Transportation Code Section 314.025 - Law Applicable
Except as otherwise provided by this chapter, Chapter 21, Property Code, applies to proceedings under this chapter. Acts 1995, 74th Leg., ch. 165, § 1, ...
- Texas Transportation Code Section 314.026 - Errors
The governing body, the condemnation commission, and the judge before whom a condemnation proceeding is pending shall take all appropriate actions to correct any error ...
- Texas Transportation Code Section 314.041 - Assessments
(a) Except as provided by this section, the governing body may by resolution order an assessment to pay all or part of the costs of ...
- Texas Transportation Code Section 314.042 - Notice To Owner Of Assessment
(a) An assessment may not be made against the property benefited or the owners of the property until after the owners, lienholders, and other interested ...
- Texas Transportation Code Section 314.043 - Notice To County Clerk Of Assessment
(a) A governing body that proposes to assess property abutting an improvement shall file notice with the county clerk of each county in which the ...
- Texas Transportation Code Section 314.044 - Hearing On Assessment
(a) At a hearing under Section 314.042(a), an owner, lienholder, or other interested party may: (1) object in writing to an assessment, special benefit to ...
- Texas Transportation Code Section 314.045 - Lien
(a) An assessment creates a lien on property prior to all other liens except a lien for ad valorem taxes. (b) The lien takes effect ...
- Texas Transportation Code Section 314.046 - Assessments Levied
(a) The governing body may make an assessment only by ordinance. (b) An assessment may: (1) be made payable in not more than 16 installments ...
- Texas Transportation Code Section 314.047 - Hearing On Assessment Before Condemnation Commission
(a) The governing body may provide that the condemnation commissioners hold the hearing required under Section 314.042(a). (b) The commission that holds the hearing: (1) ...
- Texas Transportation Code Section 314.048 - Certificates
The municipality may: (1) issue assignable certificates payable to the municipality or the purchaser of the certificates stating the liability of the property and the ...
- Texas Transportation Code Section 314.049 - Enforcement Of Assessment
An assessment may be enforced by: (1) suit brought by the municipality for the benefit of a holder and owner of an assessment or a ...
- Texas Transportation Code Section 314.050 - Suit On Certificate
In a suit to enforce a certificate issued under Section 314.048, the recitals of the certificate are sufficient to allege the proceedings of the governing ...
- Texas Transportation Code Section 314.051 - Reassessments
(a) An error in a proceeding under this chapter, the description of property, or the name of the owner does not invalidate an assessment, and ...
- Texas Transportation Code Section 314.052 - Deficiency Assessments
(a) If, after an assessment is made under this chapter, the amount assessed and apportioned is insufficient to defray all the costs of an improvement: ...
- Texas Transportation Code Section 314.053 - Suit To Set Aside Or Correct Assessment Or Reassessment
(a) A suit to set aside or correct an assessment or reassessment or a proceeding relating to the assessment or reassessment because of an error ...
- Texas Transportation Code Section 314.054 - Validity Of Assessment
An assessment or reassessment is valid and binding without regard to: (1) an error, omission, or invalidity in a proceeding of the municipality under this ...
- Texas Transportation Code Section 315.001 - Definitions
In this chapter: (1) "Abutting property" means property abutting a street on which lighting improvements are made or proposed to be made. (2) "Special benefit" ...
- Texas Transportation Code Section 315.002 - Applicability
This chapter applies only to a municipality with a population of more than 5,000. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 315.021 - Establishment Of Lighting Improvements
(a) A municipality may install and maintain lighting improvements for a local public street as provided by this chapter if the governing body of the ...
- Texas Transportation Code Section 315.022 - Contents Of Petition
(a) A petition submitted under Section 315.021(a)(2) must: (1) state that a street or a district composed of streets, highways, or alleys should be lighted; ...
- Texas Transportation Code Section 315.023 - Plans And Specifications
(a) The governing body may: (1) order the use of all or any part of the materials specified in the petition in constructing the lighting ...
- Texas Transportation Code Section 315.024 - Ownership And Control
After lighting improvements made under this chapter are installed and accepted by the municipality, the improvements become a part of the municipality's lighting system. Acts ...
- Texas Transportation Code Section 315.025 - Use Of Available Money
A municipality may use available money to assist in financing lighting improvements. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 315.041 - Advertisement For Bid
(a) On approval and adoption of plans and specifications by the governing body of a municipality, the municipal secretary or other officer designated by the ...
- Texas Transportation Code Section 315.042 - Filing Of Bid
(a) The governing body of a municipality may prescribe a period of not less than 10 or more than 15 days after the date on ...
- Texas Transportation Code Section 315.043 - Amendment Of Bid Prohibited
A bid may not be amended after it has been filed. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 315.044 - Opening Of Bids; Acceptance Or Rejection
(a) Bids shall be opened and read at a public meeting of the governing body of a municipality. (b) The governing body may: (1) accept ...
- Texas Transportation Code Section 315.045 - Contracts
(a) After the governing body of a municipality has accepted a bid for lighting improvements, the municipality shall contract with a contractor whose bid has ...
- Texas Transportation Code Section 315.061 - Authority To Assess Costs
(a) A municipality may assess against owners of abutting property who will specially benefit from lighting improvements the entire cost, including labor and material, of ...
- Texas Transportation Code Section 315.062 - Method Of Assessment
(a) An assessment against abutting property or an owner of abutting property shall be made according to the frontage of that property on a street ...
- Texas Transportation Code Section 315.063 - Adjustment Of Equities
If the governing body of a municipality considers that assessing and apportioning costs as provided by Section 315.062 would be unjust or unequal in a ...
- Texas Transportation Code Section 315.064 - Statement Of Ownership And Costs
(a) After the governing body of a municipality has approved and executed a contract for lighting improvements, the municipal engineer shall prepare and submit to ...
- Texas Transportation Code Section 315.065 - Notice Of Hearing
(a) After the governing body of a municipality has examined and approved a statement prepared under Section 315.064, the governing body by resolution shall direct ...
- Texas Transportation Code Section 315.066 - Hearing
(a) A hearing: (1) is before the governing body of the municipality; and (2) may not be held before the 10th day after the date ...
- Texas Transportation Code Section 315.067 - Rules
The governing body of a municipality may adopt rules governing hearings or notice of hearings that the governing body considers advisable to give all property ...
- Texas Transportation Code Section 315.068 - Waiver Of Objection
An objection to an irregularity in a proceeding regarding proposed lighting improvements under this chapter or to the validity of an assessment or adjudication of ...
- Texas Transportation Code Section 315.069 - Assessment Order
(a) After the close of a hearing held under Section 315.066, the governing body of the municipality by ordinance shall assess against each owner of ...
- Texas Transportation Code Section 315.070 - Installments
(a) The governing body may order the assessments payable in not more than six installments and prescribe the amount, time, and manner of payment of ...
- Texas Transportation Code Section 315.071 - Discharge Of Obligation
An owner of abutting property may discharge the total amount assessed against the owner, or any installment of that amount, at any time before maturity, ...
- Texas Transportation Code Section 315.072 - Lien
(a) An assessment under this subchapter against a property or property owner and any costs and reasonable attorney's fees incurred are a personal claim against ...
- Texas Transportation Code Section 315.073 - Priority Of Lien
A lien under Section 315.072 is superior to any other lien, claim, or title, except a municipal, county, or state tax. Acts 1995, 74th Leg., ...
- Texas Transportation Code Section 315.074 - Certificate Of Obligation
(a) The governing body of a municipality may provide that: (1) a contractor to whom work is let under this chapter may recover the costs ...
- Texas Transportation Code Section 315.075 - Payment From Available Money
(a) The cost of lighting improvements made without a petition by property owners shall be paid by the municipality out of the municipality's available money. ...
- Texas Transportation Code Section 315.091 - Suit On Lien
Personal liability established under Section 315.072 may be enforced by bringing suit. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 315.092 - Suit To Contest Assessment Or Proceeding
(a) A person who has an interest in property that may be subject to assessment under this chapter or who has any other financial interest ...
- Texas Transportation Code Section 315.093 - Estoppel
(a) A person who does not bring suit within the period prescribed by Section 315.092 or who does not diligently and in good faith prosecute ...
- Texas Transportation Code Section 315.094 - Affidavit
(a) In a suit brought under Section 315.092, an affidavit must be attached to the plaintiff's petition stating: (1) that the matters alleged in the ...
- Texas Transportation Code Section 315.095 - Suspension Of Work
When suit is brought under Section 315.092, the municipality or the contractor may suspend performance of work until a final judgment is rendered in the ...
- Texas Transportation Code Section 315.096 - Appeal
(a) An appeal or writ of error must be perfected not later than the 30th day after the date of adjournment of the term of ...
- Texas Transportation Code Section 316.001 - Definitions
In this subchapter: (1) "Municipal street" means the entire width of a way held by a municipality in fee or by easement or dedication that ...
- Texas Transportation Code Section 316.002 - Permitted Improvements Or Facilities On Municipal Street
(a) The governing body of a municipality may permit a person described by Subsection (b) to use property in the municipality on which a municipal ...
- Texas Transportation Code Section 316.003 - Finding Required
An improvement or facility described by Section 316.002(a) may not be established unless the governing body of the municipality, or a municipal official who is ...
- Texas Transportation Code Section 316.004 - Permit Program
(a) A municipality by ordinance may establish a permit program under this subchapter. (b) The governing body of the municipality shall include in the ordinance: ...
- Texas Transportation Code Section 316.005 - Renewal Of Prior Permit
The renewal of a permit issued before April 30, 1985, for an improvement or facility described by Section 316.002(a) must be renewed in the same ...
- Texas Transportation Code Section 316.006 - Use Of Municipal Money Or Employee For Permitted Facility
A municipality may use or permit the use of municipal money or an employee with respect to a facility operated under a permit issued under ...
- Texas Transportation Code Section 316.007 - Improvement Or Facility Established Or Maintained By Municipality
(a) A municipality may establish or maintain, with municipal money, material, equipment, or personnel, an improvement or facility described by Section 316.002(a)(1) or (5) without ...
- Texas Transportation Code Section 316.008 - Public And Governmental Actions And Functions Of Municipality
The following actions of a municipality are public and governmental actions and functions, are exercised for a public purpose, and are matters of public necessity: ...
- Texas Transportation Code Section 316.009 - Right Of Abatement
This chapter does not impair the right of a municipality or other person to abate an unlawful obstruction or use of a municipal street. Acts ...
- Texas Transportation Code Section 316.010 - Political Subdivision Not Required To Obtain Permit
This chapter does not require a political subdivision of this state to obtain a permit to establish or maintain an improvement or facility authorized by ...
- Texas Transportation Code Section 316.021 - Municipal Permission To Use Street Or Sidewalk For Private Purpose
A municipality may permit and prescribe the consideration and terms for the use of a portion of a municipal street or sidewalk for a private ...
- Texas Transportation Code Section 317.001 - Applicability Of Chapter
This chapter applies only to a municipality with a population of more than 100,000. Added by Acts 1999, 76th Leg., ch. 227, § 24, eff. ...
- Texas Transportation Code Section 317.002 - Definition
In this chapter, "facility" means property that the governing body of a municipality considers necessary for the elimination of a grade-level crossing by a railroad ...
- Texas Transportation Code Section 317.003 - Authority Regarding Facilities
(a) To decrease hazards to life or property, promote public safety or convenience, improve traffic conditions, or encourage the orderly development of the municipality, a ...
- Texas Transportation Code Section 317.004 - Applicability Of Other Law
Except to the extent that it conflicts or is inconsistent with this chapter, Subchapter B, Chapter 1502, Government Code, applies to revenue bonds issued under ...
- Texas Transportation Code Section 317.005 - Conflict Or Inconsistency With Municipal Charter
To the extent of a conflict or inconsistency between this chapter and a municipal charter, this chapter controls. Added by Acts 1999, 76th Leg., ch. ...
- Texas Transportation Code Section 317.006 - Agreements
(a) In this section, "agreement" includes a contract, lease, conveyance, contract of sale, or lease-purchase contract. (b) The governing body of a municipality may enter ...
- Texas Transportation Code Section 317.007 - Eminent Domain
(a) A municipality may exercise the power of eminent domain to acquire the fee simple title to, an easement in, or a right-of-way over or ...
- Texas Transportation Code Section 317.051 - Definition
In this subchapter, "board" means a board of trustees established under Section 317.052. Added by Acts 1999, 76th Leg., ch. 227, § 24, eff. Sept. ...
- Texas Transportation Code Section 317.052 - Management And Control By Governing Body Or Board
An ordinance authorizing the issuance of revenue bonds under this chapter may provide that while the principal of or interest on the bonds is outstanding, ...
- Texas Transportation Code Section 317.053 - Composition Of Board
A board may consist of not more than seven members, one of whom must be a member of the governing body of the municipality. Added ...
- Texas Transportation Code Section 317.054 - Organization And Duties Of Board
(a) An ordinance under Section 317.052 that vests management and control of a facility in a board must: (1) specify the board members' compensation, which ...
- Texas Transportation Code Section 317.101 - Definition
In this subchapter, "net revenue" means the gross revenue derived from the operation or use of a facility the net revenue of which is pledged ...
- Texas Transportation Code Section 317.102 - Authority To Issue Bonds
The governing body of a municipality by ordinance may issue tax bonds, revenue bonds, or both to provide money for a facility. Added by Acts ...
- Texas Transportation Code Section 317.103 - Election
(a) Tax bonds, other than refunding bonds, may be issued only if authorized by a majority of the qualified voters voting at an election held ...
- Texas Transportation Code Section 317.104 - Maturity
A bond issued under this chapter must mature not later than 40 years after its date. Added by Acts 1999, 76th Leg., ch. 227, § ...
- Texas Transportation Code Section 317.105 - Signatures
A bond issued under this chapter must be signed by the mayor or presiding officer of the municipality and countersigned by the municipal secretary or ...
- Texas Transportation Code Section 317.106 - Sale Of Bonds
A municipality may sell bonds issued under this chapter at a public or private sale under terms determined by the governing body to be the ...
- Texas Transportation Code Section 317.107 - Contents Of Ordinance Authorizing Issuance Of Revenue Bonds
(a) The ordinance of the governing body of the municipality authorizing the issuance of revenue bonds and the related proceedings may: (1) provide for the ...
- Texas Transportation Code Section 317.108 - Adoption And Execution Of Documents
The governing body of a municipality may adopt and have executed any other proceeding or instrument necessary or convenient in the issuance of revenue bonds. ...
- Texas Transportation Code Section 317.109 - Review And Approval Of Contracts Relating To Revenue Bonds
(a) If revenue bonds issued under this chapter state that they are secured in whole or in part by a pledge of the proceeds from ...
- Texas Transportation Code Section 317.110 - Security For And Payment Of Bonds Payable From Revenue
(a) Revenue bonds may be secured by a pledge of and paid from: (1) the net revenue derived from the operation or use of all ...
- Texas Transportation Code Section 317.111 - Use Of Certain Proceeds
From the proceeds of bonds issued under this chapter, the governing body of a municipality may appropriate or set aside: (1) an amount for the ...
- Texas Transportation Code Section 317.112 - Encumbrance As Additional Security
(a) As additional security for the payment of revenue bonds issued under this chapter, the governing body of a municipality may have executed in favor ...
- Texas Transportation Code Section 317.151 - Applicability Of Law Relating To Original Bonds
The provisions of this chapter relating to original bonds apply to refunding bonds issued under this chapter to the extent the provisions can be made ...
- Texas Transportation Code Section 317.152 - Authority To Issue Tax Refunding Bonds
(a) The governing body of a municipality by ordinance may issue tax bonds under this chapter to refund outstanding original or refunding bonds issued by ...
- Texas Transportation Code Section 317.153 - Authority To Issue Revenue Refunding Bonds
The governing body of a municipality by ordinance may issue revenue bonds under this chapter to refund outstanding original or refunding revenue bonds issued by ...
- Texas Transportation Code Section 317.154 - Terms Of Issuance Of Revenue Refunding Bonds
(a) Revenue refunding bonds may: (1) be combined with new or original revenue bonds into one series or issue; (2) be issued to refund bonds ...
- Texas Transportation Code Section 317.155 - Registration Of Refunding Bonds By Comptroller
(a) Except as provided by Subsection (b), the comptroller shall register refunding bonds on surrender and cancellation of the bonds to be refunded. (b) The ...
- Texas Transportation Code Section 317.156 - Escrow Agreement
(a) The proceeds from revenue refunding bonds that are deposited as provided by Section 317.155(b) shall be held under an escrow agreement so that the ...
- Texas Transportation Code Section 341.001 - Definitions
In this chapter: (1) "Commission" means the Railroad Commission of Texas. (2) "Structure" means a combination bridge, dam, dike, or causeway. Acts 1995, 74th Leg., ...
- Texas Transportation Code Section 341.002 - General Authority To Act
Subject to Chapter 33, Natural Resources Code, an individual, corporation, or association may purchase, build, own, maintain, and operate a structure across an arm, inlet, ...
- Texas Transportation Code Section 341.003 - Causeway Corporation
(a) A corporation may be formed and chartered under this chapter, Title 32, Revised Statutes, the Texas Business Corporation Act, or the Texas Non-Profit Corporation ...
- Texas Transportation Code Section 341.004 - Statement Of Location; Priority
(a) Not later than the 90th day after the date the building of a structure begins, the individual, corporation, or association that owns the structure ...
- Texas Transportation Code Section 341.005 - Acquiring Necessary Property
(a) An individual, corporation, or association authorized to act by this chapter may acquire by purchase or by the exercise of the right of eminent ...
- Texas Transportation Code Section 341.006 - Leasing Of Structure
(a) The individual, corporation, or association that owns a structure may lease the right-of-way over the structure to: (1) a municipality for public utilities owned ...
- Texas Transportation Code Section 342.001 - Ferry Connecting State Highways
(a) The department may purchase, construct, maintain, operate, or control a ferry that crosses: (1) a bay, arm, channel, or saltwater lake emptying into the ...
- Texas Transportation Code Section 342.002 - County Ferries
The commissioners court of a county may establish public ferries as required by the public interest. Added by Acts 1999, 76th Leg., ch. 62, § ...
- Texas Transportation Code Section 342.003 - Melvin O. Littleton Ferry Landing
(a) In recognition of Melvin O. Littleton's outstanding supervision of the Port Aransas ferry for 30 years, the ferry landing owned by the department in ...
- Texas Transportation Code Section 342.004 - Galveston-Port Bolivar Ferry And Port Aransas Ferry Vehicle Stickers
(a) The department may adopt rules to establish a system under which an owner of a motor vehicle may apply to the department for issuance ...
- Texas Transportation Code Section 342.051 - Right Of Property Owner To Operate Ferry
(a) A person who owns land fronting a body of water may operate a public ferry across the water. (b) A person who owns land ...
- Texas Transportation Code Section 342.052 - Bridge Or Ferry Company's Incorporation Statement
The articles of incorporation of a company organized to erect a bridge or operate a ferry must state the body of water that the bridge ...
- Texas Transportation Code Section 342.053 - Company's Geographical Claim
(a) The articles of incorporation of a company organized to erect and maintain a bridge or operate a ferry may specify the geographical area of ...
- Texas Transportation Code Section 342.101 - License Requirement
A person may not operate a ferry for hire unless the person holds a license to operate the ferry issued under this chapter. Acts 1995, ...
- Texas Transportation Code Section 342.102 - License Application
To obtain a license to operate a ferry a person must file an application with: (1) the commissioners court of the county in which the ...
- Texas Transportation Code Section 342.103 - Issuance Of License
(a) The commissioners court shall approve an application for a license to operate a ferry for hire if the applicant: (1) shows that the applicant ...
- Texas Transportation Code Section 342.104 - Bond; License Fee
(a) The holder of a license to operate a ferry annually shall execute a bond payable to and approved by the county judge conditioned on ...
- Texas Transportation Code Section 342.105 - Ferry Operation Between Counties
(a) A person who holds a license to operate a ferry between two counties has the same rights and duties as a person licensed to ...
- Texas Transportation Code Section 342.106 - Temporary License
(a) Between regular terms of a commissioners court of a county a person may obtain from the county judge a temporary license to operate a ...
- Texas Transportation Code Section 342.107 - Duties Of Ferry Operator
The holder of a license to operate a ferry shall: (1) at all times maintain good, safe, and substantial boats in sufficient number to readily ...
- Texas Transportation Code Section 342.108 - General County Authority Over Ferries
The commissioners court of a county may exercise general control over all ferries in the county. Added by Acts 1999, 76th Leg., ch. 62, § ...
- Texas Transportation Code Section 342.201 - Tolls For Bridges And Ferries
The commissioners court of a county, by an order made at a regular term and entered on the minutes of the court, shall regulate the ...
- Texas Transportation Code Section 342.202 - Establishing And Changing Ferry Toll Rates
(a) When a commissioners court issues a license to operate a ferry, the court shall state in its record the toll rate that may be ...
- Texas Transportation Code Section 342.203 - Ferry Charge On Swimming Cow Or Horse
The commissioners court may not authorize a charge of more than one cent for each cow or horse swimming the river at a location for ...
- Texas Transportation Code Section 342.204 - Refusal To Operate At Authorized Toll Rates
(a) If the holder of a license to operate a ferry refuses to operate at the toll rates authorized by the commissioners court, the court ...
- Texas Transportation Code Section 342.205 - Charge Imposed On Certain Interstate Ferries
If a body of water forms a part of the boundary between this state and another state and the other state imposes a charge to ...
- Texas Transportation Code Section 342.301 - Liability Of Bridge Or Ferry Owner
The owner of a toll bridge or ferry for hire is liable for damage caused by neglect, delay, or insufficiency of the bridge or ferry ...
- Texas Transportation Code Section 342.302 - Operating Ferry Without License
(a) If a person operates a ferry for hire over a body of water and does not hold a license required under this chapter, the ...
- Texas Transportation Code Section 342.303 - Charge Of Excessive Toll Rate
(a) If the holder of a license to operate a ferry charges and receives from a person a toll at a rate greater than the ...
- Texas Transportation Code Section 342.304 - Failure To Serve
(a) If the holder of a license to operate a ferry, on being tendered the authorized toll, does not, without reasonable cause, transport a person ...
- Texas Transportation Code Section 342.305 - Failure To Post Toll Rates
(a) The holder of a license to operate a ferry shall post and maintain at the ferry or ferry house for inspection a list of ...
- Texas Transportation Code Section 342.306 - Recovery Under Bond Or From Surety
(a) A person injured by a license holder's violation of a condition of the bond required under Section 342.104 may sue on the bond in ...
- Texas Transportation Code Section 342.401 - Failure To Perform Duties; Charging Excessive Toll Rate
A person who holds a license to operate a ferry shall be fined not less than $10 or more than $100 if the person: (1) ...
- Texas Transportation Code Section 342.402 - Failure To Obtain License
A person shall be fined not less than $50 or more than $200 if the person violates Section 342.101. Acts 1995, 74th Leg., ch. 165, ...
- Texas Transportation Code Section 361.308 - Agreements With Local Governments
(a) In this section, "local government" means a: (1) county, municipality, special district, or other political subdivision of this state; (2) local government corporation created ...
- Texas Transportation Code Section 362.051 - Commission Approval Of Toll Project Required
(a) Except as provided by Section 362.055, a governmental or private entity must obtain the commission's approval before beginning construction of a toll road, toll ...
- Texas Transportation Code Section 362.054 - Bonds Not Considered Obligations Of State
Bonds or other debt obligations of a political subdivision reviewed under this subchapter are obligations of the issuing entity and are not obligations of the ...
- Texas Transportation Code Section 362.055 - Exception
This subchapter does not apply to: (1) a county that has a population of more than 1.5 million; (2) a local government corporation created under ...
- Texas Transportation Code Section 362.101 - Definition
In this subchapter, "turnpike or toll project" means a road, highway, bridge, ferry, or similar project that is financed in whole or in part through ...
- Texas Transportation Code Section 362.102 - Commission Approval Of Private Turnpike Or Toll Project Required
Notwithstanding any other provision of law, a private entity may not construct a privately owned turnpike or toll project that connects to a road, bridge, ...
- Texas Transportation Code Section 362.103 - Rules
The commission shall adopt procedural and substantive rules relating to approval of a project under this subchapter, including rules requiring consideration of: (1) the integration ...
- Texas Transportation Code Section 362.104 - Feasibility, Alignment, And Environmental Studies
A private entity shall conduct studies concerning the feasibility, route or alignment, and environmental effect of a proposed turnpike or toll project before requesting approval ...
- Texas Transportation Code Section 362.901 - Free Use Of Toll Project By Military Vehicles
(a) The commission and the governing body of each local governmental entity or private entity that operates a toll project shall adopt rules to allow ...
- Texas Transportation Code Section 362.902 - Inclusion Of Toll Projects In Unified Transportation Program
The department shall adopt and include in the unified transportation program of the department a list of transportation projects in each department district that the ...
- Texas Transportation Code Section 363.001 - Definition
In this chapter, "contractor" includes a contractor's successor. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 363.002 - Contract For Toll Bridge
(a) The commissioners court of a county may contract for the construction of a toll bridge over a large creek or watercourse if it is ...
- Texas Transportation Code Section 363.003 - Duty To Repair; Forfeit Of Tolls
(a) The contractor shall maintain the bridge during the term of the contract. (b) A contractor who fails to maintain the bridge forfeits all right ...
- Texas Transportation Code Section 363.004 - Surety Bond; Action On Bond
(a) Before granting a license to a contractor to construct a toll bridge, the commissioners court shall require a bond in the amount of $1,000 ...
- Texas Transportation Code Section 363.005 - County Tolls
The commissioners court of a county that issues bonds to construct a bridge may, under rules adopted by the commissioners court, impose tolls sufficient to: ...
- Texas Transportation Code Section 364.001 - Authority To Acquire Toll Bridge
(a) A county bordering the Rio Grande, acting through the commissioners court of the county, as a part of its road and bridge system may ...
- Texas Transportation Code Section 364.002 - Rights And Properties Associated With Toll Bridge
When a county acquires a toll bridge under Section 364.001, the county may, as determined by the commissioners court of the county, acquire any or ...
- Texas Transportation Code Section 364.003 - Liberal Construction
This chapter shall be liberally construed to effect its purposes. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. ...
- Texas Transportation Code Section 364.021 - Application Of Subchapter
This subchapter applies only to a county that acquires a toll bridge under Section 364.001. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. ...
- Texas Transportation Code Section 364.022 - Maintenance And Operation Of Toll Bridges
(a) A county through the commissioners court of the county may own, hold, control, maintain, and operate the toll bridge and may make or provide ...
- Texas Transportation Code Section 364.023 - Operating Board
The commissioners court of a county by the resolution or order providing for the issuance of bonds under this chapter or by the trust indenture ...
- Texas Transportation Code Section 364.024 - Recreational Facilities
(a) A county, in connection with the maintenance and operation of the toll bridge, may acquire real property or another site adjacent to the toll ...
- Texas Transportation Code Section 364.041 - Tolls
(a) A county that acquires a toll bridge under this chapter or that owns or controls any international toll bridge, by order or resolution of ...
- Texas Transportation Code Section 364.042 - Authority To Borrow Money Or Accept Federal Assistance
(a) To accomplish the purposes of this chapter, a county may: (1) borrow money from any person or corporation; or (2) borrow money or accept ...
- Texas Transportation Code Section 364.043 - Authority To Issue Bonds
(a) A county, through the commissioners court, may issue, sell, and deliver negotiable bonds to accomplish the purposes of this chapter. The county may use ...
- Texas Transportation Code Section 364.044 - Revenue Bonds
(a) Except for bonds issued under Section 364.045, bonds issued under this chapter are not a debt of the county issuing them and are a ...
- Texas Transportation Code Section 364.045 - Combination Bonds And Ad Valorem Tax To Finance International Toll Bridge Or Improvement
(a) A county may issue combination tax and revenue bonds to construct all or part of an international toll bridge or other improvement spanning the ...
- Texas Transportation Code Section 364.046 - Mortgage Or Pledge Of Revenue To Secure Bonds
To accomplish any of the purposes of this chapter, a county authorized to issue bonds under this chapter with respect to those bonds may: (1) ...
- Texas Transportation Code Section 364.047 - Additional Bonds
(a) A county that has outstanding bonds payable from the revenue of a toll bridge or bridges may issue additional bonds to the extent and ...
- Texas Transportation Code Section 364.048 - Terms Of Bonds; Negotiability
(a) The commissioners court may prescribe the terms and conditions of bonds issued under this chapter and determine the manner of their sale. The commissioners ...
- Texas Transportation Code Section 364.049 - Sale Or Exchange Of Bonds
A bond issued under this chapter may be: (1) sold for cash at a public or private sale at a price determined by the commissioners ...
- Texas Transportation Code Section 364.050 - Trust Indenture
(a) Bonds issued under this chapter may be secured by a trust indenture between the county and a corporate trustee that is a trust company ...
- Texas Transportation Code Section 364.051 - Depository Of Bond Proceeds And Other Revenue
(a) Any bank or trust company in this state may be the depository of the proceeds of bonds issued under this chapter or revenues derived ...
- Texas Transportation Code Section 364.052 - Rights Of Bondholders; Receivers
(a) The trust indenture or the order or resolution authorizing the issuance of bonds under this chapter may include provisions to protect and enforce the ...
- Texas Transportation Code Section 364.053 - Refunding Bonds
The commissioners court by resolution or order may issue bonds to refund outstanding bonds that were issued under this chapter, subject to any restriction in ...
- Texas Transportation Code Section 364.054 - Tax Exemptions; Payments In Lieu Of Taxes
(a) A county carrying out this chapter may not be required to pay an assessment on property acquired under this chapter. (b) Bonds issued under ...
- Texas Transportation Code Section 364.055 - Limitations On County Authority
Except as provided by Section 364.045, this chapter does not authorize a county to: (1) impose or collect a tax or assessment or pledge the ...
- Texas Transportation Code Section 365.001 - Definitions
In this chapter: (1) "Bonds" means tax bonds, tax and revenue bonds, revenue bonds, tax anticipation notes, revenue anticipation notes, grant anticipation notes, or a ...
- Texas Transportation Code Section 365.002 - Applicability
This chapter applies only to a county with a population of 175,000 or more. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, ...
- Texas Transportation Code Section 365.003 - Designation As Part Of Road System
A district may act to have a toll road become part of the state highway system or part of the road system of a county ...
- Texas Transportation Code Section 365.004 - Use Of Certain Interest
A district may use interest earned on its construction account for a purpose for which the district's financing documents permit the construction account to be ...
- Texas Transportation Code Section 365.011 - Authority To Provide Toll Road
A district may construct, acquire, improve, operate, repair, maintain, and finance a toll road project. Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. ...
- Texas Transportation Code Section 365.012 - Toll Road District Powers
In exercising its authority under Section 365.011, a district has the powers of a county owning or operating a toll project under Chapter 284 regardless ...
- Texas Transportation Code Section 365.013 - Nature And Location Of Road And Structure
(a) A toll road must be all or part of a state highway or a major arterial road that connects two state highways, two federal ...
- Texas Transportation Code Section 365.014 - Right Of Free Access Or Passage
A district operating a toll road shall give to property that had access to and right of free passage on the road on or before ...
- Texas Transportation Code Section 365.015 - Use Of Property Of Governmental Entity
(a) Notwithstanding any other law, a district may use for a toll road project any real property, right-of-way, or other property of a governmental entity ...
- Texas Transportation Code Section 365.031 - Authority To Issue Bonds
A district may issue bonds to finance a toll road project: (1) to the extent and for the purpose a county may pay the cost ...
- Texas Transportation Code Section 365.032 - Bond Election
(a) Bonds issued under this chapter that are payable from ad valorem taxes must be approved at an election held as provided by Chapters 284 ...
- Texas Transportation Code Section 365.033 - Sale Of Bonds
The district may sell bonds under this chapter in the manner, at public or private sale, and for the prices that the district's governing body ...
- Texas Transportation Code Section 365.034 - Bond Security
Bonds issued under this chapter may be secured by a trust indenture between the district and a corporate trustee that is a trust company or ...
- Texas Transportation Code Section 365.035 - Bondholder Protection
The trust indenture or the resolution or order authorizing the issuance of bonds under this chapter may include provisions to protect and enforce the rights ...
- Texas Transportation Code Section 365.036 - Refunding Bonds
(a) A district may issue refunding bonds to refund its bonds under this chapter as provided by Chapter 1371, Government Code, and Chapter 441. (b) ...
- Texas Transportation Code Section 365.037 - County Ad Valorem Tax
(a) A county may impose an ad valorem tax under Section 9, Article VIII, or Section 52, Article III, of the Texas Constitution, and contract ...
- Texas Transportation Code Section 365.038 - County Payments Relating To District Bonds
(a) A county in which a district is located may pay: (1) part of the principal or redemption price of or interest on the district's ...
- Texas Transportation Code Section 365.039 - County Bonds And Certificates Of Obligation
A county may authorize, issue, and sell its bonds or certificates of obligation and use the proceeds to: (1) call, redeem, and retire a district's ...
- Texas Transportation Code Section 365.040 - Authority For Tolls And Charges
A district may impose tolls and other charges for the use of a toll road project and may use toll revenue to retire outstanding indebtedness ...
- Texas Transportation Code Section 365.041 - Amount Of Tolls
Revenue from tolls and other charges under Section 365.040 may be sufficient to: (1) pay all expenses necessary to maintain and operate the toll road ...
- Texas Transportation Code Section 365.042 - Fines And Penalties
A district may impose fines and penalties as provided by Chapter 284 as if the district were a county to which that chapter applies. Acts ...
- Texas Transportation Code Section 365.043 - County Expenses
The district may reimburse a county, from any funds available to the district, for any expenses the county pays on behalf of the district. Acts ...
- Texas Transportation Code Section 365.044 - Costs Of Certain Acquisitions And Alterations
A transportation corporation, state agency, political subdivision, or road district that acquires, inside or outside the right-of-way of a project, an interest in real property ...
- Texas Transportation Code Section 366.001 - Short Title
This chapter may be cited as the Regional Tollway Authority Act. Added by Acts 1997, 75th Leg., ch. 1171, § 7.24, eff. Sept. 1, 1997. ...
- Texas Transportation Code Section 366.002 - Purposes; Liberal Construction
(a) The purposes of this chapter are: (1) the expansion and improvement of transportation facilities and systems in this state; (2) the creation of regional ...
- Texas Transportation Code Section 366.003 - Definitions
In this chapter: (1) "Authority" means a regional tollway authority organized under this chapter. (2) "Board" means the board of directors of an authority organized ...
- Texas Transportation Code Section 366.004 - Construction Costs Defined
(a) The cost of acquisition, construction, improvement, extension, or expansion of a turnpike project or system under this chapter includes the cost of: (1) the ...
- Texas Transportation Code Section 366.031 - Creation And Expansion Of A Regional Tollway Authority
(a) Two or more counties, acting through their respective commissioners courts, may by order passed by each commissioners court create a regional tollway authority under ...
- Texas Transportation Code Section 366.032 - Nature Of Regional Tollway Authority
(a) An authority created under this chapter is a body politic and corporate and a political subdivision of this state. (b) An authority is a ...
- Texas Transportation Code Section 366.033 - General Powers
(a) An authority, acting through its board, without state approval, supervision, or regulation, may: (1) adopt rules for the regulation of its affairs and the ...
- Texas Transportation Code Section 366.034 - Establishment Of Turnpike Systems
(a) If an authority determines that the traffic needs of the counties in which it operates and the traffic needs of the surrounding region could ...
- Texas Transportation Code Section 366.036 - Transfer Of Turnpike Project Or System
(a) An authority may transfer any of its turnpike projects or systems to one or more local governmental entities if: (1) the authority has commitments ...
- Texas Transportation Code Section 366.071 - Expenditures For Feasibility Studies
(a) An authority may pay the expenses of studying the cost and feasibility and any other expenses relating to the preparation and issuance of bonds ...
- Texas Transportation Code Section 366.072 - Feasibility Study Fund
(a) An authority may maintain a feasibility study fund. The fund is a revolving fund held in trust by a banking institution chosen by the ...
- Texas Transportation Code Section 366.073 - Feasibility Study By Municipality, County, Other Local Governmental Entity, Or Private Group
(a) One or more municipalities, counties, or local governmental entities, a combination of municipalities, counties, and local governmental entities, or a private group or combination ...
- Texas Transportation Code Section 366.111 - Turnpike Revenue Bonds
(a) An authority, by adoption of a bond resolution, may authorize the issuance of bonds to pay all or part of the cost of a ...
- Texas Transportation Code Section 366.112 - Interim Bonds
(a) An authority may, before issuing definitive bonds, issue interim bonds, with or without coupons, exchangeable for definitive bonds. (b) The interim bonds may be ...
- Texas Transportation Code Section 366.113 - Payment Of Bonds; State And County Credit Not Pledged
(a) The principal of, interest on, and any redemption premium on bonds issued by an authority are payable solely from: (1) the revenue of the ...
- Texas Transportation Code Section 366.114 - Effect Of Lien
(a) A lien on or a pledge of revenue from a turnpike project or system under this chapter or on a reserve, replacement, or other ...
- Texas Transportation Code Section 366.115 - Bond Indenture
(a) Bonds issued under this chapter may be secured by a bond indenture between the authority and a corporate trustee that is a trust company ...
- Texas Transportation Code Section 366.116 - Approval Of Bonds By Attorney General
(a) An authority shall submit to the attorney general for examination a transcript of proceedings relating to bonds authorized under this chapter. The transcript shall ...
- Texas Transportation Code Section 366.117 - Furnishing Of Indemnifying Bonds Or Pledges Of Securities
(a) A bank or trust company incorporated under the laws of this state that acts as depository of the proceeds of bonds or of revenue ...
- Texas Transportation Code Section 366.118 - Applicability Of Other Law; Conflicts
All laws affecting the issuance of bonds by local governmental entities, including Chapters 1201, 1202, 1204, and 1371, Government Code, apply to bonds issued under ...
- Texas Transportation Code Section 366.161 - Turnpike Projects Extending Into Other Counties
An authority may acquire, construct, operate, maintain, expand, or extend a turnpike project in: (1) a county that is a part of the authority; or ...
- Texas Transportation Code Section 366.162 - Powers And Procedures Of Authority In Acquiring Property
(a) An authority may construct or improve a turnpike project on real property, including a right-of-way acquired by the authority or provided to the authority ...
- Texas Transportation Code Section 366.163 - Acquisition Of Property
(a) An authority may acquire in the name of the authority public or private real and other property it determines necessary or convenient for the ...
- Texas Transportation Code Section 366.164 - Right Of Entry
(a) To acquire property necessary or useful in connection with a turnpike project, an authority may enter any real property, water, or premises to make ...
- Texas Transportation Code Section 366.165 - Condemnation Of Real Property
(a) Subject to Subsection (c), an authority may acquire public or private real property in the name of the authority by the exercise of the ...
- Texas Transportation Code Section 366.166 - Declaration Of Taking
(a) An authority may file a declaration of taking with the clerk of the court: (1) in which the authority files a condemnation petition under ...
- Texas Transportation Code Section 366.167 - Possession Of Property
(a) Immediately on the filing of a declaration of taking, an authority shall serve a copy of the declaration on each person possessing an interest ...
- Texas Transportation Code Section 366.168 - Severance Of Real Property
(a) If an authority's turnpike project severs a property owner's real property, the authority shall pay: (1) the value of the property acquired; and (2) ...
- Texas Transportation Code Section 366.169 - Acquisition Of Rights In Public Real Property
(a) An authority may use real property, including submerged land, streets, alleys, and easements, owned by the state or a local governmental entity that the ...
- Texas Transportation Code Section 366.170 - Compensation For And Restoration Of Public Property
(a) Except as provided by Section 366.035 or Section 366.165(c), an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or ...
- Texas Transportation Code Section 366.171 - Public Utility Facilities
(a) An authority may adopt rules for the installation, construction, operation, maintenance, repair, renewal, relocation, and removal of a public utility facility in, on, along, ...
- Texas Transportation Code Section 366.172 - Lease, Sale, Or Conveyance Of Turnpike Project
(a) An authority may lease, sell, or convey in another manner a turnpike project to the department, a county, or a local government corporation created ...
- Texas Transportation Code Section 366.173 - Revenue
(a) An authority may: (1) impose tolls for the use of each of its turnpike projects and systems and the different parts or sections of ...
- Texas Transportation Code Section 366.174 - Authority Revolving Fund
(a) An authority may maintain a revolving fund to be held in trust by a banking institution chosen by the authority separate from any other ...
- Texas Transportation Code Section 366.175 - Use Of Surplus Revenue
The board of an authority may by resolution authorize the use of surplus revenue of a turnpike project or system to pay the costs of ...
- Texas Transportation Code Section 366.176 - Exemption From Taxation Or Assessment
(a) An authority is exempt from taxation of or assessments on: (1) a turnpike project or system; (2) property the authority acquires or uses under ...
- Texas Transportation Code Section 366.177 - Actions Affecting Existing Roads
(a) An authority may impose a toll for transit over an existing free road, street, or public highway transferred to the authority under this chapter. ...
- Texas Transportation Code Section 366.178 - Failure Or Refusal To Pay Toll
(a) A motor vehicle other than a police or emergency vehicle that passes through a toll collection facility, whether driven or towed, shall pay the ...
- Texas Transportation Code Section 366.179 - Use And Return Of Transponders
(a) For purposes of this section, a transponder is a device placed on or within an automobile that is capable of transmitting or receiving information ...
- Texas Transportation Code Section 366.180 - Controlled Access To Turnpike Projects
(a) An authority may designate a turnpike project or a portion of a project as a controlled-access toll road. (b) An authority by order may: ...
- Texas Transportation Code Section 366.181 - Promotion Of Toll Roads
An authority may promote the use of its turnpike projects by appropriate means, including advertising or marketing as the authority determines appropriate. Added by Acts ...
- Texas Transportation Code Section 366.182 - Operation Of Turnpike Project
(a) An authority shall operate its turnpike projects through a force of toll-takers and other employees of the authority or through services contracted under Subsection ...
- Texas Transportation Code Section 366.183 - Audit
An authority shall have a certified public accountant audit the authority's books and accounts at least annually. The cost of the audit may be treated ...
- Texas Transportation Code Section 366.184 - Disadvantaged Businesses
(a) Consistent with general law, an authority shall: (1) set goals for the award of contracts to disadvantaged businesses and attempt to meet the goals; ...
- Texas Transportation Code Section 366.185 - Competitive Bidding
(a) A contract made by an authority that requires the expenditures of public funds for the construction or maintenance of a turnpike project must be ...
- Texas Transportation Code Section 366.251 - Board Of Directors
(a) An authority is governed by a board of directors. (b) The commissioners court of each county of the authority shall appoint one director to ...
- Texas Transportation Code Section 366.252 - Conflict Of Interest
(a) A person is not eligible to serve on the board of an authority if the person or the person's spouse: (1) is registered, certified, ...
- Texas Transportation Code Section 366.253 - Surety Bonds
(a) Before beginning a term, each director shall execute a surety bond in the amount of $25,000, and the secretary and treasurer shall execute a ...
- Texas Transportation Code Section 366.254 - Removal Of Director
(a) It is a ground for removal of a director from the board if the director: (1) did not have at the time of appointment ...
- Texas Transportation Code Section 366.255 - Compensation Of Director
Each director is entitled to reimbursement for the director's actual expenses necessarily incurred in the performance of the director's duties. A director is not entitled ...
- Texas Transportation Code Section 366.256 - Evidence Of Authority Actions
Actions of an authority are the actions of its board and may be evidenced in any legal manner, including a board resolution. Added by Acts ...
- Texas Transportation Code Section 366.257 - Public Access
An authority shall: (1) make and implement policies that provide the public with a reasonable opportunity to appear before the board to speak on any ...
- Texas Transportation Code Section 366.258 - Indemnification
(a) An authority may indemnify one or more of its directors or officers for necessary expenses and costs, including attorney's fees, incurred by the directors ...
- Texas Transportation Code Section 366.259 - Purchase Of Liability Insurance
(a) An authority shall insure its officers and employees from liability arising from the use, operation, or maintenance of equipment that is used or may ...
- Texas Transportation Code Section 366.260 - Certain Contracts And Sales Prohibited
(a) A director, agent, or employee of an authority may not: (1) contract with the authority; or (2) be directly or indirectly interested in: (A) ...
- Texas Transportation Code Section 366.261 - Strategic Plans And Annual Reports
(a) An authority shall make a strategic plan for its operations. A majority of the commissioners courts of the counties composing the authority shall by ...
- Texas Transportation Code Section 366.262 - Meetings By Telephone Conference Call
(a) Chapter 551, Government Code, does not prohibit any open or closed meeting of the board, a committee of the board, or the staff, or ...
- Texas Transportation Code Section 366.301 - Department Contributions To Turnpike Projects
(a) To the extent permitted by the Texas Constitution, the department may agree with an authority to provide for or contribute to the payment of ...
- Texas Transportation Code Section 366.302 - Agreements To Construct, Maintain, And Operate Turnpike Projects
(a) An authority may enter into an agreement with a public or private entity, including a toll road corporation, the United States, a state of ...
- Texas Transportation Code Section 366.303 - Agreements Between Authority And Local Governmental Entities
(a) A local governmental entity other than a nonprofit corporation may, consistent with the Texas Constitution, issue bonds or enter into and make payments under ...
- Texas Transportation Code Section 366.304 - Additional Agreements Of Authority
An authority may enter into any agreement necessary or convenient to achieve the purposes of this subchapter. Added by Acts 1997, 75th Leg., ch. 1171, ...
- Texas Transportation Code Section 367.001 - Applicability Of Subchapter
This subchapter applies only to a municipality any part of the municipal boundaries of which is within 15 miles of a section of the Rio ...
- Texas Transportation Code Section 367.002 - Definition
In this subchapter, "toll bridge" includes: (1) any part of the physical property comprising a toll bridge; (2) a permit, grant, franchise, right, or privilege ...
- Texas Transportation Code Section 367.003 - Authority Of Municipality In Relation To Toll Bridge
For any public purpose, a municipality may acquire, construct, improve, enlarge, equip, operate, or maintain a toll bridge over a section of the Rio Grande ...
- Texas Transportation Code Section 367.004 - Authority Of Municipality To Enter Into Contracts
For the purpose of taking an action authorized by this subchapter, a municipality may enter into and perform a contract, agreement, or undertaking required by ...
- Texas Transportation Code Section 367.005 - Authority To Issue Revenue Bonds
To provide money to acquire, construct, improve, enlarge, or equip a toll bridge, a part of a toll bridge, or a related building, structure, or ...
- Texas Transportation Code Section 367.006 - Interim Financing
(a) Pending the issuance of revenue bonds under this subchapter, a municipality may: (1) spend, in connection with a toll bridge, money that is not ...
- Texas Transportation Code Section 367.007 - Maturity
A bond issued under this subchapter must mature not later than 50 years after its date of issuance. Added by Acts 1999, 76th Leg., ch. ...
- Texas Transportation Code Section 367.008 - Pledge Of Revenue
A municipality may pledge to the payment of bonds issued under this subchapter, including the principal of, interest on, and any other amount required or ...
- Texas Transportation Code Section 367.009 - Additional Security
(a) Bonds issued under this subchapter may be additionally secured by: (1) a mortgage or deed of trust on any real property owned by the ...
- Texas Transportation Code Section 367.010 - Additional Bonds
An ordinance authorizing the issuance of bonds under this subchapter may provide for the subsequent issuance of additional parity or subordinate lien bonds under terms ...
- Texas Transportation Code Section 367.011 - Tolls And Charges
(a) The governing body of a municipality may impose and collect tolls and other charges for the use or availability of a toll bridge of ...
- Texas Transportation Code Section 367.012 - Public Purpose
The acquisition, construction, improvement, enlargement, or equipment by a municipality of property or a building, structure, or other facility for lease to the United States ...
- Texas Transportation Code Section 367.013 - Lease Or Rental Of Facility To United States
A municipality may lease or rent to the United States property or a building, structure, or other facility acquired, constructed, improved, enlarged, or equipped in ...
- Texas Transportation Code Section 367.014 - Refunding Bonds And Notes
(a) A municipality may refund or otherwise refinance bonds or notes issued under this subchapter by issuing refunding bonds under any terms provided by ordinance ...
- Texas Transportation Code Section 367.015 - Sale Of Bonds Or Notes
A municipality may sell bonds or notes issued under this subchapter in the manner and on the terms provided by the ordinance authorizing the issuance ...
- Texas Transportation Code Section 367.016 - Bonds And Notes Not Payable From Taxes
A bond or note issued under this subchapter: (1) is payable only from the revenue or another resource of the municipality; and (2) is not ...
- Texas Transportation Code Section 367.017 - Conflict Or Inconsistency With Other Law
When bonds or notes are being issued under this subchapter, to the extent of any conflict or inconsistency between this subchapter and another law, this ...
- Texas Transportation Code Section 367.051 - Authority To Acquire Toll Bridge
(a) A municipality may acquire a toll bridge that is located over a section of the Rio Grande that forms the border between this state ...
- Texas Transportation Code Section 367.052 - Rights And Properties Associated With Toll Bridge
When a municipality acquires a toll bridge under Section 367.051, the municipality may, as determined by the governing body of the municipality, acquire any or ...
- Texas Transportation Code Section 367.053 - Liberal Construction
This subchapter shall be liberally construed to effect its purposes. Added by Acts 1999, 76th Leg., ch. 227, § 25, eff. Sept. 1, 1999. ...
- Texas Transportation Code Section 367.054 - Powers To Be Exercised By Ordinance; Election Not Required
(a) The governing body of a municipality may exercise a power, right, privilege, or function conferred by this subchapter on the municipality only by adopting ...
- Texas Transportation Code Section 367.055 - General Powers Of Municipality Acquiring Toll Bridge
(a) A municipality that acquires a toll bridge under this subchapter may: (1) maintain, operate, own, hold, control, repair, improve, extend, or replace the toll ...
- Texas Transportation Code Section 367.056 - Recreational Facilities
(a) In connection with the maintenance and operation of the toll bridge, a municipality may acquire real property that is either inside or outside the ...
- Texas Transportation Code Section 367.057 - Tolls And Charges
(a) A municipality that acquires a toll bridge under this subchapter or that owns or controls an international toll bridge may impose tolls and other ...
- Texas Transportation Code Section 367.058 - Authority To Borrow Money Or Accept Federal Assistance
(a) To accomplish the purposes of this subchapter, a municipality may: (1) borrow money from any person or corporation; or (2) borrow money or accept ...
- Texas Transportation Code Section 367.059 - Authority To Issue Revenue Bonds
(a) The governing body of a municipality may issue, sell, and deliver revenue bonds to accomplish the purposes of this subchapter. The municipality may use ...
- Texas Transportation Code Section 367.060 - Bonds And Warrants Not Payable From Taxes
(a) Bonds and warrants issued under this subchapter are not a debt of the municipality that issues them and are a charge only against: (1) ...
- Texas Transportation Code Section 367.061 - Mortgage Or Pledge Of Revenue To Secure Bonds
To accomplish any purpose of this subchapter, the governing body of a municipality may with respect to bonds issued under this subchapter: (1) mortgage or ...
- Texas Transportation Code Section 367.062 - Maturity
The governing body of a municipality shall determine the maturity of bonds issued under this subchapter. Added by Acts 1999, 76th Leg., ch. 227, § ...
- Texas Transportation Code Section 367.063 - Sale Or Exchange Of Bonds
A bond issued under this subchapter may be: (1) sold for cash at a public or private sale; (2) issued in exchange for property of ...
- Texas Transportation Code Section 367.064 - Deposit Of Proceeds
The proceeds of the sale of bonds sold for cash shall be deposited and paid out under the terms that are agreed to by the ...
- Texas Transportation Code Section 367.065 - Authority To Issue Bonds Or Warrants To Repair, Improve, Or Build Toll Bridge
(a) A municipality that has acquired a toll bridge under this subchapter may issue and deliver revenue bonds or revenue time warrants: (1) to repair, ...
- Texas Transportation Code Section 367.066 - Tax Exemptions
Bonds issued under this subchapter are exempt from taxation by this state or a municipality or other political subdivision of this state. Added by Acts ...
- Texas Transportation Code Section 367.067 - Limitations On Municipal Authority
This subchapter does not authorize a municipality to: (1) impose or collect a tax or assessment or pledge the credit of this state; or (2) ...
- Texas Transportation Code Section 367.068 - Applicability Of And Conflicts With Other Law
(a) Sections 252.046, 252.047, and 252.048, Local Government Code, and Subchapter B, Chapter 1502, Government Code, apply, except as provided by Section 367.051, Section 367.059, ...
- Texas Transportation Code Section 367.101 - Applicability Of Subchapter
This subchapter applies only to a municipality that owns that portion of an international toll bridge over the Rio Grande that is located in the ...
- Texas Transportation Code Section 367.102 - Authority To Issue Revenue Bonds
The municipality may, in compliance with Subtitles A, C, D, and E, Title 9, Government Code, issue bonds payable from the net revenue derived from ...
- Texas Transportation Code Section 367.103 - Additional Bonds
(a) The municipality may issue additional revenue bonds to the extent permitted or authorized by the provisions of or the proceedings relating to outstanding bonds ...
- Texas Transportation Code Section 370.001 - Short Title
This chapter may be cited as the Regional Mobility Authority Act. Added by Acts 2003, 78th Leg., ch. 1325, § 2.01, eff. June 21, 2003. ...
- Texas Transportation Code Section -
...
- Texas Transportation Code Section 370.003 - Definitions
In this chapter: (1) "Authority" means a regional mobility authority organized under this chapter or under Section 361.003, as that section existed before June 22, ...
- Texas Transportation Code Section 370.004 - Construction Costs Defined
(a) The cost of acquisition, construction, improvement, extension, or expansion of a transportation project under this chapter includes the cost of: (1) the actual acquisition, ...
- Texas Transportation Code Section 370.031 - Creation Of A Regional Mobility Authority
(a) At the request of one or more counties, the commission by order may authorize the creation of a regional mobility authority for the purposes ...
- Texas Transportation Code Section 370.0311 - Certain Municipalities
(a) This section applies to a municipality: (1) with a population of 5,000 or less; and (2) in which a ferry system that is a ...
- Texas Transportation Code Section 370.0315 - Addition And Withdrawal Of Counties
(a) One or more counties may petition the commission for approval to become part of an existing authority. The commission may approve the petition only ...
- Texas Transportation Code Section 370.032 - Nature Of Regional Mobility Authority
(a) An authority is a body politic and corporate and a political subdivision of this state. (b) An authority is a governmental unit as that ...
- Texas Transportation Code Section 370.033 - General Powers
(a) An authority, through its board, may: (1) adopt rules for the regulation of its affairs and the conduct of its business; (2) adopt an ...
- Texas Transportation Code Section 370.034 - Establishment Of Transportation Systems
(a) If an authority determines that the traffic needs of the counties in which it operates and the traffic needs of the surrounding region could ...
- Texas Transportation Code Section 370.036 - Transfer Of Bonded Turnpike Project To Department
(a) An authority may transfer to the department a turnpike project of the authority that has outstanding bonded indebtedness if the commission: (1) agrees to ...
- Texas Transportation Code Section 370.037 - Transfer Of Ferry Connecting State Highways
(a) The commission by order may transfer a ferry operated under Section 342.001 to an authority if: (1) the commission determines that the proposed transfer ...
- Texas Transportation Code Section 370.038 - Commission Rules
(a) The commission shall adopt rules that: (1) govern the creation of an authority; (2) govern the commission's approval of a project under Section 370.187 ...
- Texas Transportation Code Section 370.039 - Transfer Of Transportation Project Or System
(a) An authority may transfer any of its transportation projects or systems to one or more governmental entities if: (1) the authority has commitments from ...
- Texas Transportation Code Section 370.071 - Expenditures For Feasibility Studies
(a) An authority may pay the expenses of studying the cost and feasibility and any other expenses relating to the preparation and issuance of bonds ...
- Texas Transportation Code Section 370.072 - Feasibility Study Fund
(a) An authority may maintain a feasibility study fund. The fund is a revolving fund held in trust by a banking institution chosen by the ...
- Texas Transportation Code Section 370.073 - Feasibility Study By Municipality, County, Other Governmental Entity, Or Private Group
(a) One or more municipalities, counties, or other governmental entities, a combination of municipalities, counties, and other governmental entities, or a private group or combination ...
- Texas Transportation Code Section 370.111 - Transportation Revenue Bonds
(a) An authority, by bond resolution, may authorize the issuance of bonds to pay all or part of the cost of a transportation project, to ...
- Texas Transportation Code Section 370.112 - Interim Bonds
(a) An authority may, before issuing definitive bonds, issue interim bonds, with or without coupons, exchangeable for definitive bonds. (b) The interim bonds may be ...
- Texas Transportation Code Section 370.113 - Payment Of Bonds; State And County Credit
(a) The principal of, interest on, and any redemption premium on bonds issued by an authority are payable solely from: (1) the revenue of the ...
- Texas Transportation Code Section 370.114 - Effect Of Lien
(a) A lien on or a pledge of revenue from a transportation project under this chapter or on a reserve, replacement, or other fund established ...
- Texas Transportation Code Section 370.115 - Bond Indenture
(a) Bonds issued by an authority under this chapter may be secured by a bond indenture between the authority and a corporate trustee that is ...
- Texas Transportation Code Section 370.116 - Approval Of Bonds By Attorney General
(a) An authority shall submit to the attorney general for examination the record of proceedings relating to bonds authorized under this chapter. The record shall ...
- Texas Transportation Code Section 370.117 - Furnishing Of Indemnifying Bonds Or Pledges Of Securities
(a) A bank or trust company incorporated under the laws of this state that acts as depository of the proceeds of bonds or of revenue ...
- Texas Transportation Code Section 370.118 - Applicability Of Other Law; Conflicts
All laws affecting the issuance of bonds by local governmental entities, including Chapters 1201, 1202, 1204, and 1371, Government Code, apply to bonds issued under ...
- Texas Transportation Code Section 370.161 - Transportation Projects Extending Into Other Counties
(a) An authority may acquire, construct, operate, maintain, expand, or extend a transportation project only in: (1) a county that is a part of the ...
- Texas Transportation Code Section 370.162 - Powers And Procedures Of Authority In Acquiring Property
(a) An authority may construct or improve a transportation project on real property, including a right-of-way acquired by the authority or provided to the authority ...
- Texas Transportation Code Section 370.163 - Acquisition Of Property
(a) Except as otherwise provided by this subchapter, the governing body of an authority has the same powers and duties relating to the condemnation and ...
- Texas Transportation Code Section 370.164 - Declaration Of Taking
(a) An authority may file a declaration of taking with the clerk of the court: (1) in which the authority files a condemnation petition under ...
- Texas Transportation Code Section 370.165 - Possession Of Property
(a) Immediately on the filing of a declaration of taking, the authority shall serve a copy of the declaration on each person possessing an interest ...
- Texas Transportation Code Section 370.166 - Participation Payment For Real Property
(a) As an alternative to paying for an interest in real property or a real property right with a single fixed payment, the authority may, ...
- Texas Transportation Code Section 370.167 - Severance Of Real Property
(a) If a transportation project of an authority severs a property owner's real property, the authority shall pay: (1) the value of the property acquired; ...
- Texas Transportation Code Section 370.168 - Acquisition Of Rights In Public Real Property
(a) An authority may use real property, including submerged land, streets, alleys, and easements, owned by this state or a local government that the authority ...
- Texas Transportation Code Section 370.169 - Compensation For And Restoration Of Public Property
(a) Except as provided by Section 370.035, an authority may not pay compensation for public real property, parkways, streets, highways, alleys, or reservations it takes, ...
- Texas Transportation Code Section 370.170 - Public Utility Facilities
(a) An authority may adopt rules for the authority's approval of the installation, construction, relocation, and removal of a public utility facility in, on, along, ...
- Texas Transportation Code Section 370.171 - Lease, Sale, Or Conveyance Of Transportation Project
An authority may lease, sell, or convey in any other manner a transportation project to a governmental entity with the approval of the governing body ...
- Texas Transportation Code Section 370.172 - Revenue
(a) An authority may: (1) impose tolls, fees, fares, or other charges for the use of each of its transportation projects and the different parts ...
- Texas Transportation Code Section 370.173 - Authority Revolving Fund
(a) An authority may maintain a revolving fund to be held in trust by a banking institution chosen by the authority separate from any other ...
- Texas Transportation Code Section 370.174 - Use Of Surplus Revenue
(a) Each year, if an authority determines that it has surplus revenue from transportation projects, it shall reduce tolls, spend the surplus revenue on other ...
- Texas Transportation Code Section 370.175 - Exemption From Taxation Or Assessment
(a) An authority is exempt from taxation of or assessments on: (1) a transportation project or system; (2) property the authority acquires or uses under ...
- Texas Transportation Code Section 370.176 - Actions Affecting Existing Roads
(a) An authority may impose a toll for transit over an existing free road, street, or public highway transferred to the authority under this chapter. ...
- Texas Transportation Code Section 370.177 - Failure Or Refusal To Pay Turnpike Project Toll; Offense; Administrative Penalty
(a) Except as provided by Subsection (a-1), the operator of a vehicle, other than an authorized emergency vehicle as defined by Section 541.201, that is ...
- Texas Transportation Code Section 370.178 - Use And Return Of Transponders
(a) For purposes of this section, "transponder" means a device placed on or within an automobile that is capable of transmitting or receiving information used ...
- Texas Transportation Code Section 370.179 - Controlled Access To Turnpike Projects
(a) An authority by order may designate a turnpike project or a portion of a project as a controlled-access toll road. (b) An authority by ...
- Texas Transportation Code Section 370.180 - Promotion Of Transportation Project
An authority may promote the use of a transportation project, including a project that it operates on behalf of another entity, by appropriate means, including ...
- Texas Transportation Code Section 370.181 - Operation Of Transportation Project
(a) An authority shall operate a transportation project with employees of the authority or by using services contracted under Subsection (b) or (c). (b) An ...
- Texas Transportation Code Section 370.182 - Audit
(a) An authority shall have a certified public accountant audit the authority's books and accounts at least annually. The cost of the audit may be ...
- Texas Transportation Code Section 370.183 - Disadvantaged Businesses
(a) Consistent with general law, an authority shall: (1) set goals for the award of contracts to disadvantaged businesses and attempt to meet the goals; ...
- Texas Transportation Code Section 370.184 - Procurement
An authority shall adopt rules governing the award of contracts for goods and services. Notwithstanding any other provision of state law, an authority may procure ...
- Texas Transportation Code Section 370.185 - Competitive Bidding
A contract made by an authority may be let by a competitive bidding procedure in which the contract is awarded to the lowest responsible bidder ...
- Texas Transportation Code Section 370.186 - Contracts With Governmental Entities
(a) Except as provided by Subsection (c), an authority may not construct, maintain, or operate a turnpike or toll project in an area having a ...
- Texas Transportation Code Section 370.187 - Project Approval
(a) An authority may not begin construction of a transportation project that will connect to the state highway system or to a department rail facility ...
- Texas Transportation Code Section 370.188 - Environmental Review Of Authority Projects
(a) An authority shall adopt rules for environmental review of a transportation project that is not subject to review under the National Environmental Policy Act ...
- Texas Transportation Code Section 370.189 - Department Maintenance And Operation
(a) If requested by an authority, the department may agree to assume all or part of the duty to maintain or operate a turnpike project ...
- Texas Transportation Code Section 370.190 - Property Of Certain Transportation Authorities
An authority may not condemn or purchase real property of a transportation authority operating under Chapter 451, 452, or 460 unless the authority has entered ...
- Texas Transportation Code Section 370.191 - Commercial Transportation Processing Systems
(a) In this section, "port of entry" means a place designated by executive order of the president of the United States, by order of the ...
- Texas Transportation Code Section 370.192 - Property Of Rapid Transit Authorities
An authority may not condemn or purchase real property of a rapid transit authority operating pursuant to Chapter 451 that was confirmed before July 1, ...
- Texas Transportation Code Section 370.193 - Priority Boarding Of Ferry
An authority may establish a system under which an owner of a motor vehicle may pay an additional fee or toll that entitles the vehicle ...
- Texas Transportation Code Section 370.251 - Board Of Directors
(a) The governing body of an authority is a board of directors consisting of representatives of each county in which a transportation project of the ...
- Texas Transportation Code Section 370.2515 - Board Composition Proposal By Turnpike Authority
If a county in which a turnpike authority under Chapter 366 operates or a county owning or operating a toll project under Chapter 284 is ...
- Texas Transportation Code Section 370.252 - Prohibited Conduct For Directors And Employees
(a) A director or employee of an authority may not: (1) accept or solicit any gift, favor, or service that: (A) might reasonably influence the ...
- Texas Transportation Code Section 370.2521 - Filing Of Financial Statement By Director
(a) Except as provided by Subsection (c), (d), or (e) a director shall file the financial statement required of state officers under Subchapter B, Chapter ...
- Texas Transportation Code Section 370.2522 - Applicability Of Conflicts Of Interest Law To Directors
(a) A director is considered to be a local public official for purposes of Chapter 171, Local Government Code. (b) For purposes of Chapter 171, ...
- Texas Transportation Code Section 370.2523 - Applicability Of Nepotism Laws
A director is a public official for purposes of Chapter 573, Government Code. Added by Acts 2005, 79th Leg., ch. 590, § 1, eff. Sept. ...
- Texas Transportation Code Section 370.253 - Surety Bonds
(a) Before beginning a term, each director shall execute a surety bond in the amount of $25,000, and the secretary and treasurer shall execute a ...
- Texas Transportation Code Section 370.254 - Removal Of Director
(a) It is a ground for removal of a director from the board if the director: (1) did not have at the time of appointment ...
- Texas Transportation Code Section 370.255 - Compensation Of Director
Each director is entitled to reimbursement for the director's actual expenses necessarily incurred in the performance of the director's duties. A director is not entitled ...
- Texas Transportation Code Section 370.256 - Evidence Of Authority Actions
Actions of an authority are the actions of its board and may be evidenced in any legal manner, including a board resolution. Added by Acts ...
- Texas Transportation Code Section 370.257 - Public Access
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