SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 370.001 - Short Title
This chapter may be cited as the Regional Mobility Authority Act. Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
- Texas 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,...
SUBCHAPTER B CREATION AND POWERS OF REGIONAL MOBILITY AUTHORITIES
- Texas 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 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 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 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 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 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 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 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 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 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...
SUBCHAPTER C FEASIBILITY OF REGIONAL TRANSPORTATION PROJECTS
- Texas 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 Section 370.071 - Expenditures For Feasibility Studies
(a) An authority may pay the expenses of studying the cost and feasibility of a transportation project, the design and engineering of a transportation project,...
- Texas 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...
SUBCHAPTER D TRANSPORTATION PROJECT FINANCING
- Texas 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 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 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 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 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 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 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 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...
SUBCHAPTER E ACQUISITION, CONSTRUCTION, AND OPERATION OF TRANSPORTATION PROJECTS
- Texas 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 Section 370.161 - Transportation Projects Extending Into Other Counties
An authority may study, evaluate, design, finance, acquire, construct, operate, maintain, repair, expand, or extend a transportation project in: (1) a county that is a...
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Section 370.178 - Use And Return Of Transponders
(a) For purposes of this section, "transponder" means a device placed on or within a motor vehicle that is capable of transmitting or receiving information...
- Texas 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 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 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 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 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 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 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 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 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 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 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 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 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 Section 370.1911 - Commercial Transportation Processing Systems At Inspection Facilities At Interstate Borders
(a) Notwithstanding Section 370.191, an authority may construct a border inspection facility to be used solely for the purpose of conducting commercial motor vehicle inspections...
- Texas 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,...
SUBCHAPTER F GOVERNANCE
- Texas 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 Section 370.251 - Board Of Directors
(a) Except as provided by Subsection (a-1), the governing body of an authority is a board of directors consisting of representatives of each county in...
- Texas Section 370.2511 - Board Of Directors: Certain Authorities
(a) This section applies only to an authority created by a municipality. (b) The governing body of a municipality may, by a resolution approved by...
- Texas 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 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 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 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 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 (H.B. 1708), Sec. 1,...
- Texas 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 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 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 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 Section 370.257 - 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 370.258 - 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 370.259 - 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 370.260 - 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 370.261 - 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 of the authority shall by...
SUBCHAPTER G PARTICIPATION IN FINANCING, CONSTRUCTION, AND OPERATION OF TRANSPORTATION PROJECTS
- Texas Section 370.262 - 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 370.301 - Department Contributions To Turnpike Projects
(a) The department may agree with an authority to provide for or contribute to the payment of costs of financial or engineering and traffic feasibility...
- Texas Section 370.302 - Agreements To Construct, Maintain, And Operate Transportation 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 370.303 - Agreements Between Authority And Local Governmental Entities
(a) A governmental entity may, consistent with the Texas Constitution, issue bonds, notes, or other obligations or enter into and make payments under agreements with...
- Texas Section 370.304 - Additional Agreements Of Authority
An authority may enter into any contract, loan agreement, or other agreement necessary or convenient to achieve the purposes of this subchapter. Added by Acts...
- Texas Section 370.305 - Comprehensive Development Agreements
(a) A comprehensive development agreement is an agreement with a private entity that, at a minimum, provides for the design and construction of a transportation...
- Texas Section 370.306 - 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 370.307 - Confidentiality Of Negotiations For Comprehensive Development Agreements
(a) To encourage private entities to submit proposals under Section 370.306, the following information is confidential, is not subject to disclosure, inspection, or copying under...
- Texas Section 370.308 - Performance And Payment Security
(a) Notwithstanding Section 223.006 and the requirements of Subchapter B, Chapter 2253, Government Code, an authority shall require a private entity entering into a comprehensive...
- Texas Section 370.309 - Ownership Of Transportation Projects
(a) A transportation project other than a public utility facility that is the subject of a development agreement with a private entity, including the facilities...
- Texas Section 370.310 - Liability For Private Obligations
An authority may not incur a financial obligation for a private entity that constructs, maintains, or operates a transportation project. The authority or a political...
- Texas Section 370.311 - Terms Of Private Participation
(a) An authority shall negotiate the terms of private participation in a transportation project, including: (1) methods to determine the applicable cost, profit, and project...
- Texas Section 370.312 - Rules, Procedures, And Guidelines Governing Negotiating Process
(a) An authority shall adopt rules, procedures, and other guidelines governing selection and negotiations to promote fairness, obtain private participants in transportation projects, and promote...
- Texas Section 370.313 - Participation On Certain Other Boards, Commissions, Or Public Bodies
(a) An authority may participate in and designate board members to serve as representatives on boards, commissions, or public bodies, the purposes of which are...
- Texas Section 370.315 - Performance And Payment Bonds And Security
Notwithstanding Chapter 2253, Government Code, an authority shall require any party to an agreement to operate or maintain a transportation project to provide performance and...
SUBCHAPTER H DISSOLUTION OF AUTHORITY
- Texas Section 370.317 - 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 370.331 - Voluntary Dissolution
(a) An authority may not be dissolved unless the dissolution is approved by the commission. (b) A board may submit a request to the commission...
- Texas Section 370.332 - Involuntary Dissolution
(a) The commission by order may require an authority to dissolve if the commission determines that the authority has not substantially complied with the requirements...
SUBCHAPTER I TRANSIT SYSTEMS
- Texas Section 370.333 - Voluntary Dissolution Of Authority Governed By Governing Body Of Municipality
In addition to the requirements of Section 370.331, an authority governed under Section 370.2511 may not be dissolved unless: (1) the dissolution is approved by...
- Texas Section 370.351 - Transit Systems
(a) An authority may construct, own, operate, and maintain a transit system. (b) An authority shall determine each transit route, including transit route changes. (c)...
- Texas Section 370.352 - Public Hearing On Fare And Service Changes
(a) In this section: (1) "Service change" means any addition or deletion resulting in the physical realignment of a transit route or a change in...
- Texas Section 370.353 - Public Hearing On Fare And Service Changes: Exceptions
(a) In this section, "experimental service change" means an addition of service to an existing transit route or the establishment of a new transit route....
- Texas Section 370.354 - Notice Of Hearing On Fare Or Service Change
(a) After calling a public hearing required by Section 370.352, the authority shall: (1) at least 30 days before the date of the hearing, publish...
SUBCHAPTER J ACQUIRING TRANSIT SYSTEMS
- Texas Section 370.355 - Criminal Penalties
(a) An authority by resolution may prohibit the use of the transit system by a person who fails to possess evidence showing that the appropriate...
- Texas Section 370.361 - Transfer Of Transit Systems
(a) In this section, "unit of election" means a political subdivision that previously voted to join the service area of a transit provider. (b) An...
- Texas Section 370.362 - Sales And Use Tax
(a) If an authority acquires a transit provider that has taxing authority, the authority may impose a sales and use tax at a permissible rate...
- Texas Section 370.363 - Maximum Tax Rate
(a) An authority may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales...
- Texas Section 370.364 - Election To Change Tax Rate
(a) At an election ordered under Section 370.362(b)(2), the ballots shall be printed to permit voting for or against the proposition: "The increase (decrease) of...
SUBCHAPTER K DESIGN-BUILD CONTRACTS
- Texas Section 370.365 - Sales Tax: Effective Dates
(a) A sales and use tax implemented under this subchapter takes effect on the first day of the second calendar quarter that begins after the...
- Texas Section 370.401 - Scope Of And Limitations On Contracts
(a) Notwithstanding the requirements of Chapter 2254, Government Code, an authority may use the design-build method for the design, construction, financing, expansion, extension, related capital...
- Texas Section 370.402 - Definitions
In this subchapter: (1) "Design-build contractor" means a partnership, corporation, or other legal entity or team that includes an engineering firm and a construction contractor...
- Texas Section 370.403 - Use Of Engineer Or Engineering Firm
(a) To act as an authority's representative, independent of a design-build contractor, for the procurement process and for the duration of the work on a...
- Texas Section 370.404 - Other Professional Services
(a) An authority shall provide or contract for, independently of the design-build firm, the following services as necessary for the acceptance of the transportation project...
- Texas Section 370.405 - Request For Qualifications
(a) For any transportation project to be delivered through the design-build method, an authority must prepare and issue a request for qualifications. A request for...
- Texas Section 370.406 - Request For Detailed Proposals
(a) An authority shall issue a request for detailed proposals to proposers qualified or short-listed under Section 370.405. A request for detailed proposals must include:...
- Texas Section 370.407 - Negotiation
(a) After ranking the proposers under Section 370.406(h), an authority shall first attempt to negotiate a contract with the highest-ranked proposer. If an authority has...
- Texas Section 370.408 - Assumption Of Risks
(a) Unless otherwise provided in the final request for detailed proposals, including all addenda and supplements to that request, the authority shall assume: (1) all...
- Texas Section 370.409 - Stipend Amount For Unsuccessful Proposers
(a) Pursuant to the provisions of the request for detailed proposals, an authority shall pay an unsuccessful proposer that submits a responsive proposal to the...
- Texas Section 370.410 - Performance And Payment Bond
(a) An authority shall require a design-build contractor to provide: (1) a performance and payment bond; (2) an alternative form of security; or (3) a...