Texas Transportation Code Title 5, Chapter 174 - Commuter Rail Districts

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 174.001 - 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 174.002 - 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 174.003 - 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 174.004 - Requirement For Service To Municipalities In District
  A municipality located in a district that wishes to be served by commuter rail facilities of the district must pay for construction of a commuter...

SUBCHAPTER C BOARD OF DIRECTORS AND EMPLOYEES

• Texas Section 174.051 - Creation Of District
  (a) A district may be created to provide commuter rail service to counties along the Texas-Mexico border. (b) The commissioners court of a county may...
• Texas Section 174.101 - 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 174.102 - Composition Of Board; Terms
  (a) The board is composed of five directors appointed as follows: (1) one director appointed by the county judge; and (2) one director appointed by...
• Texas Section 174.103 - Presiding Officer
  (a) The directors shall elect one director as presiding officer. (b) The presiding officer may select another director to preside in the absence of the...
• Texas Section 174.104 - Meetings
  The presiding officer shall call at least one meeting of the board each year and may call other meetings as the presiding officer determines are...
• Texas Section 174.105 - 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 174.106 - 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 174.107 - 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 174.108 - 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 174.109 - 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 174.151 - General Powers Of District; Governmental Functions
  (a) A district has all the powers necessary or convenient to carry out the purposes of this chapter. (b) A district may perform any act...
• Texas Section 174.152 - Rules
  To protect the health, safety, and general welfare of district residents and people who use district services, a district may adopt rules to govern the...
• Texas Section 174.153 - Agreements Generally
  A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, and other persons and entities....
• Texas Section 174.154 - 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 174.155 - Joint Ownership Agreements
  A district may enter into a joint ownership agreement with any person. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04,...
• Texas Section 174.156 - Interlocal Agreements With Commission
  The commission may enter into an interlocal agreement with the district under which the district may exercise a power or duty of the commission for...
• Texas Section 174.157 - 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 174.158 - Eminent Domain
  (a) A district may exercise the power of eminent domain to acquire: (1) real property in fee simple; or (2) an interest in real property...

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

• Texas Section 174.159 - 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...
• Texas Section 174.201 - General Authority Over Commuter Rail Facilities
  A district may acquire, construct, develop, own, operate, and maintain intermodal and commuter rail facilities to connect political subdivisions in the district. Added by Acts...
• Texas Section 174.202 - 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 174.203 - Use And Alteration Of Property Of Another Political Subdivision
  (a) For a purpose described by Section 174.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the system, and with...
• Texas Section 174.204 - Rules Governing System And Routings
  A district by resolution may adopt rules governing the use, operation, and maintenance of the system and may determine or change a routing as the...
• Texas Section 174.205 - 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 174.206 - 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 174.207 - 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 174.208 - Operation Or Use Contracts
  (a) A district may: (1) lease all or part of the commuter rail facilities to an operator; or (2) contract for the use or operation...

SUBCHAPTER F FINANCIAL PROVISIONS

• Texas Section 174.209 - 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 174.251 - 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 174.252 - 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 174.253 - Grants And Loans
  A district may accept grants and loans from the United States, this state and its agencies and political subdivisions, and other persons and entities. Added...
• Texas Section 174.254 - 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 174.255 - 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....

SUBCHAPTER G BONDS

• Texas Section 174.256 - Tax Exemption
  District property, material purchases, revenue, and income and the interest on a bond or note issued by a district are exempt from any tax imposed...
• Texas Section 174.301 - 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 174.302 - 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 174.303 - 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...

SUBCHAPTER H TAXES

• Texas Section 174.304 - Limit On Power
  (a) A revenue bond indenture may limit the exercise of the power granted by Section 174.003, 174.109, 174.151, 174.152, 174.153, 174.154, 174.155, 174.156, 174.158, 174.159,...
• Texas Section 174.351 - Tax Authorized
  A district may impose any kind of tax except an ad valorem property tax. Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540),...
• Texas Section 174.352 - Imposition Of Tax
  (a) A district may not impose a tax or increase the rate of an existing tax unless a proposition proposing the imposition or rate increase...
• Texas Section 174.353 - Tax Rate
  (a) The board, subject to Section 174.352(a), may impose for a district a sales and use tax at the rate of: (1) one-quarter of one...
• Texas Section 174.354 - Effective Date Of Tax
  A district's sales and use tax takes effect on the first day of the second calendar quarter beginning after the election approving the tax. Added...

Last modified: September 28, 2016