Texas Transportation Code Title 6, Chapter 366 - Regional Tollway Authorities

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 366.001 - Short Title
  This chapter may be cited as the Regional Tollway Authority Act. Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
• Texas 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 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...

SUBCHAPTER B CREATION AND POWERS OF REGIONAL TOLLWAY AUTHORITIES

• Texas 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 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 Section 366.0311 - Advisory Committee For Projects Located Outside Authority
  (a) At the time an authority enters into a primary construction contract for its first project to be located in a county that is not...
• Texas 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 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 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 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 Section 366.037 - Other Highway Projects
  (a) In addition to the powers granted under this chapter and without supervision or regulation by any state agency or local governmental entity, but subject...

SUBCHAPTER C FEASIBILITY OF REGIONAL TURNPIKE PROJECTS

• Texas Section 366.038 - Tolling Services
  (a) In this section, "tolling services" means the tolling services normally provided through an authority's customer service center, including customer service, customer account maintenance, transponder...
• Texas 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 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...

SUBCHAPTER D TURNPIKE FINANCING

• Texas 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 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 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 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 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 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 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 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...

SUBCHAPTER E ACQUISITION, CONSTRUCTION, AND OPERATION OF TURNPIKE PROJECTS

• Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Section 366.178 - Failure Or Refusal To Pay Toll
  (a) A motor vehicle other than an authorized emergency vehicle, as defined by Section 541.201, that passes through a toll assessment facility, whether driven or...
• Texas Section 366.179 - Use And Return Of Transponders
  (a) For purposes of this section, a transponder is a device placed on or within a motor vehicle that is capable of transmitting or receiving...
• Texas 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 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 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 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 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;...

SUBCHAPTER F GOVERNANCE

• Texas Section 366.185 - Engineering, Design, And Construction Services
  (a) A contract made by an authority that requires the expenditures of public funds for the construction or maintenance of a turnpike project may be...
• Texas 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 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 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 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 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 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 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 Section 366.2575 - Board Vote On County Request
  On request of the commissioners court of a county of an authority, the board shall vote on whether to build a project that the county...
• Texas 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 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 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 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...

SUBCHAPTER G AID FOR REGIONAL TURNPIKE PROJECTS

• Texas 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 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 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 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...

SUBCHAPTER H COMPREHENSIVE DEVELOPMENT AGREEMENTS

• Texas 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 Section 366.401 - Comprehensive Development Agreements
  (a) An authority may use a comprehensive development agreement with a private entity to design, develop, finance, construct, maintain, repair, operate, extend, or expand a...
• Texas Section 366.402 - Process For Entering Into Comprehensive Development Agreements
  (a) If an authority enters into a comprehensive development agreement, the authority shall use a competitive procurement process that provides the best value for the...
• Texas Section 366.403 - 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 Section 366.404 - Performance And Payment Security
  (a) Notwithstanding the requirements of Subchapter B, Chapter 2253, Government Code, an authority shall require a private entity entering into a comprehensive development agreement under...
• Texas Section 366.405 - Ownership Of Turnpike Projects
  (a) A turnpike project that is the subject of a comprehensive development agreement with a private entity, including the facilities acquired or constructed on the...
• Texas Section 366.406 - Liability For Private Obligations
  An authority may not incur a financial obligation for a private entity that designs, develops, finances, constructs, operates, or maintains a turnpike project. The authority...
• Texas Section 366.407 - Terms Of Private Participation
  (a) An authority shall negotiate the terms of private participation in a turnpike project under this subchapter, including: (1) methods to determine the applicable cost,...
• Texas Section 366.408 - Rules, Procedures, And Guidelines Governing Selection And Negotiating Process
  (a) To promote fairness, obtain private participants in turnpike projects, and promote confidence among those participants, an authority shall adopt rules, procedures, and other guidelines...
• Texas Section 366.409 - Use Of Contract Payments
  (a) Payments received by an authority under a comprehensive development agreement shall be used by the authority to finance the construction, maintenance, or operation of...

Last modified: September 28, 2016