Texas Transportation Code Title 6, Chapter 228 - State Highway Toll Projects

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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 Section 228.0031 - 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 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 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 Section 228.0055 - Use Of Contract Payments And Other Revenue
  (a) Payments, project savings, refinancing dividends, and any other revenue received by the commission or the department under a comprehensive development agreement shall be used...
• Texas 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 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 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 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 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 Section 228.011 - Toll Projects In Certain Counties
  Sec. 228.011. TOLL PROJECTS IN CERTAIN COUNTIES. (a) This section applies only to a county acting under Chapter 284 for: (1) the widening, expansion, reconstruction,...
• Texas Section 228.012 - Project Subaccounts
  (a) The department shall create a separate account in the state highway fund to hold payments received by the department under a comprehensive development agreement...

SUBCHAPTER B USE AND OPERATION OF TOLL PROJECTS OR SYSTEMS

• Texas Section 228.013 - Determination Of Financial Terms For Certain Toll Projects
  (a) This section applies only to a proposed department toll project in which a private entity has a financial interest in the project's performance and...
• Texas 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 Section 228.052 - Operation Of Toll Project Or System
  (a) The department may enter into an agreement with one or more persons to provide, on terms approved by the department, personnel, equipment, systems, facilities,...
• Texas 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 Section 228.054 - Failure Or Refusal To Pay Toll; Offense
  (a) Except as provided by Subsection (e) or Section 228.0545, the operator of a vehicle, other than an authorized emergency vehicle, as defined by Section...
• Texas Section 228.0545 - Alternative Tolling Methods
  (a) As an alternative to requiring payment of a toll at the time a vehicle is driven or towed through a toll collection facility, the...
• Texas Section 228.055 - Administrative Fee; Notice; Offense
  (a) In the event of nonpayment of the toll as required by Section 228.054 or 228.0545, on issuance of a written notice of nonpayment, the...
• Texas 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 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 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...

SUBCHAPTER C TOLL REVENUE BONDS

• Texas Section 228.059 - Toll Collection And Enforcement By Other Entity; Offense
  An entity operating a toll lane pursuant to Section 228.007(b) has, with regard to toll collection and enforcement for that toll lane, the same powers...
• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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...

SUBCHAPTER D TRANSFER OF TOLL PROJECT

• Texas 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 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 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 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...

SUBCHAPTER E LIMITATION ON TOLL FACILITY DETERMINATION; CONVERSION OF NONTOLLED STATE HIGHWAY

• Texas 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 Section 228.201 - Limitation On Toll Facility Designation
  (a) The department may not operate a nontolled state highway or a segment of a nontolled state highway as a toll project, and may not...
• Texas 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. Transferred from Transportation Code,...
• Texas Section 228.205 - Queen Isabella Causeway
  The commission may not convert the Queen Isabella Causeway in Cameron County to a toll project. Transferred from Transportation Code, Section 362.0041(d) and amended by...

SUBCHAPTER F JOINT TOLL PROJECTS

• Texas 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 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 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 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, Sec. 1, eff. Sept. 1, 1995....
• Texas 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...

Last modified: September 28, 2016