Texas Transportation Code Title 5, Chapter 173 - Intermunicipal Commuter Rail Districts

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 173.001 - Definition Of Person
  In this chapter: (1) "person" includes a corporation, as provided by Section 312.011, Government Code; and (2) the definition of "person" assigned by Section 311.005,...
• Texas Section 173.002 - Definitions
  In this chapter: (1) "Board" means a district's board of directors. (2) "Commuter rail facility" means any property necessary for the transportation of passengers and...
• Texas Section 173.003 - Location Of Municipality In County
  For purposes of this chapter, a municipality is located in a county only if 90 percent or more of the population of the municipality resides...
• Texas Section 173.004 - Nature Of District
  (a) A district is a public body and a political subdivision of this state exercising public and essential governmental functions. (b) A district, in the...

SUBCHAPTER B CREATION

• Texas Section 173.005 - Sunset Provision
  A district is subject to review under Chapter 325, Government Code (Texas Sunset Act). A district shall be reviewed during the periods in which state...
• Texas Section 173.051 - Creation Of District
  (a) A district may be created to provide commuter rail service between two municipalities: (1) each of which has a population of more than 450,000;...

SUBCHAPTER C BOARD OF DIRECTORS AND EMPLOYEES

• Texas Section 173.052 - Addition Of Political Subdivision Or Other Public Entity To District
  The following political subdivisions and other public entities may become a part of a district with the approval of the governing body of the political...
• Texas Section 173.101 - Control Of District
  A district is governed by a board of directors. The board is responsible for the management, operation, and control of the district. Added by Acts...
• Texas Section 173.102 - Composition Of Board; Terms
  (a) The board is composed of: (1) two public directors appointed by the commission; (2) one elected member of the governing body of each political...
• Texas Section 173.103 - Vacancy
  A vacancy on the board shall be filled in the same manner as the original appointment or election. Added by Acts 2009, 81st Leg., R.S.,...
• Texas Section 173.104 - Presiding Officer
  (a) The directors shall elect one member as presiding officer. (b) The presiding officer may select another director to preside in the absence of the...
• Texas Section 173.105 - Meetings
  The presiding officer shall call at least one meeting of the board each year and may hold other meetings as the presiding officer determines are...
• Texas Section 173.106 - Board Meetings By Telephone Or Videoconference
  (a) Chapter 551, Government Code, does not prohibit the board from holding an open or closed meeting by telephone conference call or videoconference. (b) A...
• Texas Section 173.107 - Rules For Proceedings
  The board shall adopt rules for its proceedings. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.
• Texas Section 173.108 - Compensation; Reimbursement
  A director is not entitled to compensation for serving as a director but is entitled to reimbursement for reasonable expenses incurred while serving as a...
• Texas Section 173.109 - Employees
  The board may employ and compensate persons to carry out the powers and duties of the district. Added by Acts 2009, 81st Leg., R.S., Ch....
• Texas Section 173.110 - Executive Committee
  The board shall appoint an executive committee. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

SUBCHAPTER D GENERAL POWERS AND DUTIES

• Texas Section 173.111 - Retirement Benefits
  A district is eligible to participate in the Texas County and District Retirement System. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540),...
• Texas Section 173.151 - General Powers Of District
  (a) A district has all the powers necessary or convenient to carry out the purposes of this chapter. (b) A district may generally perform all...
• Texas Section 173.152 - Rules
  To protect district residents' health, safety, and general welfare, a district may adopt rules to govern the operation of the district, its employees, the system,...
• Texas Section 173.153 - Agreements Generally
  A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, public or private corporations, and...
• Texas Section 173.154 - Agreements With Other Entities For Joint Use
  A district may: (1) make agreements with a public utility, private utility, communication system, common carrier, state agency, or transportation system for the joint use...
• Texas Section 173.155 - Joint Ownership Agreements
  A district may make a joint ownership agreement with any person. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff....
• Texas Section 173.156 - Exclusive Development Agreements
  (a) A board may enter into an exclusive development agreement with a private entity. (b) The exclusive development agreement: (1) at a minimum must provide...
• Texas Section 173.157 - Interlocal Agreements With Commission
  The commission may enter into an interlocal agreement with a district under which the district may exercise a power or duty of the commission for...
• Texas Section 173.158 - Awarding Construction Or Purchase Contracts
  (a) A contract in the amount of more than $15,000 for the construction of improvements or the purchase of material, machinery, equipment, supplies, or any...
• Texas Section 173.159 - Eminent Domain
  (a) A district may exercise the power of eminent domain to acquire: (1) land in fee simple; or (2) any interest less than fee simple...
• Texas Section 173.160 - Suits
  (a) A district may: (1) sue and be sued; (2) institute and prosecute suits without giving security for costs; and (3) appeal from a judgment...

SUBCHAPTER E POWERS AND DUTIES RELATING TO ACQUISITION, CONSTRUCTION, AND OPERATION OF COMMUTER RAIL FACILITIES

• Texas Section 173.161 - Changing Name Of District
  The board shall adopt a name for the district and may by resolution change the name of the district. Added by Acts 2011, 82nd Leg.,...
• Texas Section 173.201 - General Authority Over Commuter Rail Facilities
  A district may acquire, construct, develop, own, operate, and maintain intermodal and commuter rail facilities, or intercity or other types of passenger rail services, inside,...
• Texas Section 173.202 - Powers Relating To District Property
  A district may acquire by grant, purchase, gift, devise, lease, or otherwise and may hold, use, sell, lease, or dispose of property, including a license,...
• Texas Section 173.203 - Use And Alteration Of Property Of Another Political Subdivision
  (a) For a purpose described by Section 173.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the system, and with...
• Texas Section 173.204 - Rules Governing System And Routings
  A district by resolution may adopt rules governing the use, operation, and maintenance of the system and shall determine all routings and change them when...
• Texas Section 173.205 - Acquisition Of Property
  (a) A district may purchase any interest in real property to acquire, construct, or operate a commuter rail facility on terms and at a price...
• Texas Section 173.206 - Acquisition Of Rolling Stock And Other Property
  A district may acquire rolling stock or other property under a conditional sales contract, lease, equipment trust certificate, or other form of contract or trust...
• Texas Section 173.207 - Compensation For Use Of System Facilities
  (a) A district shall establish and maintain reasonable and nondiscriminatory rates or other compensation for the use of the facilities of the system acquired, constructed,...
• Texas Section 173.208 - Operation Or Use Contracts
  (a) A district may: (1) lease all or part of the commuter rail facilities to any operator; or (2) contract for the use or operation...

SUBCHAPTER F FINANCIAL PROVISIONS

• Texas Section 173.209 - Rail Transportation Services Agreements With Other Political Subdivisions
  A district may contract with a county or other political subdivision of this state for the district to provide commuter rail transportation services to an...
• Texas Section 173.251 - Fiscal Year
  Unless the board changes the fiscal year, the district's fiscal year ends on September 30. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B....
• Texas Section 173.252 - Annual Budget
  (a) Before beginning the operation of commuter rail facilities, the board shall adopt an annual operating budget specifying the district's anticipated revenue and expenses for...
• Texas Section 173.253 - Grants And Loans
  A district may accept grants and loans from the United States, this state and its agencies and political subdivisions, public or private corporations, and other...
• Texas Section 173.254 - Depository
  (a) The board by resolution shall name one or more banks for the deposit of district funds. (b) District funds are public funds and may...
• Texas Section 173.255 - Purchase Of Additional Insured Provisions
  A district may purchase an additional insured provision to any liability insurance contract. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec....
• Texas Section 173.256 - Financing Of Certain Transportation Infrastructure
  (a) This section applies only to a local government, other than a school district, that is a member of a district and that is authorized...
• Texas Section 173.257 - Tax Exemption
  District property, material purchases, revenue, and income and the interest on bonds and notes issued by the district are exempt from any tax imposed by...
• Texas Section 173.301 - Revenue Bonds
  A district may issue revenue bonds and notes in amounts that the board considers necessary or appropriate for the acquisition, purchase, construction, reconstruction, repair, equipping,...
• Texas Section 173.302 - Security For Payment Of Bonds
  (a) To secure payment of district bonds or notes, the district may: (1) encumber and pledge all or part of the revenue of its commuter...
• Texas Section 173.303 - Bonds As Authorized Investments And Security For Deposits Of Public Funds
  (a) District bonds and notes are legal and authorized investments for: (1) a bank; (2) a trust company; (3) a savings and loan association; and...
• Texas Section 173.304 - Limit On Power
  (a) A revenue bond indenture may limit the exercise of a power granted by Section 173.004, 173.005, 173.111, 173.151, 173.152, 173.153, 173.154, 173.155, 173.157, 173.159,...
• Texas Section 173.305 - Tax Increment Fund For Transportation Infrastructure Zone In Certain Districts
  A district established before January 1, 2005, that creates a transportation infrastructure zone shall establish a tax increment fund. In addition to the amount of...

SUBCHAPTER H SALES AND USE TAXES

• Texas Section 173.306 - Tax Increment Bonds And Notes Issued By Local Government Member In Certain Districts
  (a) This section applies only to a district created before January 1, 2005. (b) A local government member of a district creating a transportation infrastructure...
• Texas Section 173.351 - Tax Authorized
  A sales and use tax is imposed on items sold on district property. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec....
• Texas Section 173.352 - Tax Rate
  The sales and use tax shall be imposed at the rate of the highest combination of local sales and use taxes imposed at the time...
• Texas Section 173.353 - Preemption Of Other Sales And Use Taxes
  The tax imposed under this subchapter preempts all other local sales and use taxes that would otherwise be imposed on district property. Added by Acts...
• Texas Section 173.354 - Applicability Of Tax Code
  Chapter 321, Tax Code, governs the computation, administration, governance, and use of the tax except as inconsistent with this chapter. Added by Acts 2009, 81st...
• Texas Section 173.355 - Notice To Comptroller
  (a) The district shall notify the comptroller in writing by United States registered or certified mail of the district's creation and of its intent to...
• Texas Section 173.356 - Notice To Local Governments
  At the same time the district notifies the comptroller under Section 173.355, the district shall: (1) notify each affected local governmental jurisdiction of the district's...
• Texas Section 173.357 - Acquisition Of Additional Territory Subject To Tax
  (a) Not later than the 30th day after the date a district acquires additional territory, the district shall notify the comptroller and each affected local...
• Texas Section 173.358 - Duty Of Comptroller
  The comptroller shall: (1) administer, collect, and enforce a tax imposed under this chapter; and (2) remit to a district the tax collected on the...
• Texas Section 173.359 - Effective Date Of Tax
  A tax imposed under this chapter or the repeal of a tax imposed under this chapter takes effect on the first day of the first...

Last modified: September 28, 2016