Texas Transportation Code Title 6, Chapter 431 - Texas Transportation Corporation Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 431.001 - Short Title
  This chapter may be cited as the Texas Transportation Corporation Act. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
• Texas Section 431.002 - Purposes; Liberal Construction
  (a) The purposes of this chapter are: (1) the promotion and development of public transportation facilities and systems by new and alternative means; (2) the...
• Texas Section 431.003 - Definitions
  In this chapter: (1) "Board" means the board of directors of a corporation organized under this chapter. (2) "Corporation" means a corporation organized under this...
• Texas Section 431.004 - Open Meetings
  (a) A corporation is subject to Chapter 551, Government Code. (b) Except as provided by Subsection (c) or (d), the board shall file notice of...
• Texas Section 431.005 - Open Records
  The board is subject to Chapter 552, Government Code. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B CREATION AND OPERATION OF CORPORATION

• Texas Section 431.006 - Application Of Texas Non-profit Corporation Act
  The Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation to the extent that the provisions of that...
• Texas Section 431.021 - Purpose Of Corporation
  The purpose of a corporation is limited to the promotion and development of public transportation facilities and systems. Acts 1995, 74th Leg., ch. 165, Sec....
• Texas Section 431.022 - Application
  (a) Three or more individuals may file with the commission an application for the creation of a corporation within a designated area. (b) Each of...
• Texas Section 431.023 - Adoption Of Resolution
  (a) A corporation may be created only if the commission adopts a resolution authorizing the creation of a corporation to act on behalf of the...
• Texas Section 431.024 - Form Of Corporation
  (a) A corporation is a nonmember, nonstock corporation. (b) A corporation is nonprofit, and its earnings may not benefit a private interest. (c) A corporation...
• Texas Section 431.025 - Articles Of Incorporation
  The articles of incorporation must state: (1) the name of the corporation; (2) that the corporation is a nonprofit corporation; (3) the duration of the...
• Texas Section 431.026 - Delivery And Filing Of Certificate Of Incorporation
  (a) After the commission adopts a resolution under Section 431.023, three originals of the articles of incorporation shall be delivered to the secretary of state....
• Texas Section 431.027 - Effect Of Issuance Of Certificate Of Incorporation
  (a) A corporation's existence begins when its certificate of incorporation is issued. (b) After the issuance of the certificate of incorporation, the incorporation may not...
• Texas Section 431.028 - Board
  (a) A corporation must have a board in which the powers of the corporation reside. (b) The board consists of three or more directors. (c)...
• Texas Section 431.029 - Advisory Directors
  (a) The board may appoint any number of advisory directors. (b) An advisory director advises and assists the directors in promoting and developing new and...
• Texas Section 431.030 - Bylaws
  (a) The board shall adopt the initial bylaws of a corporation. The commission, by resolution, must approve the initial bylaws. (b) A corporation may change...
• Texas Section 431.031 - Quorum
  (a) A quorum of a board is the lesser of: (1) a majority of: (A) the membership of the board under the bylaws; or (B)...
• Texas Section 431.032 - Indemnification
  (a) A corporation may indemnify a director or officer of the corporation for necessary expenses and costs, including attorney's fees, incurred by the director or...
• Texas Section 431.033 - Exemption From Taxation
  A corporation affects all the people in its area by assuming to a material extent what otherwise might be an obligation or duty of the...

SUBCHAPTER C CORPORATE POWERS

• Texas Section 431.034 - Income Of Transportation Corporation
  The commission has the unrestricted right at any time to receive any income earned by a corporation other than a local government corporation. Acts 1995,...
• Texas Section 431.061 - Definitions
  In this subchapter: (1) "Construction" includes improvement and landscaping. (2) "Highway" includes an improvement to a highway. Acts 1995, 74th Leg., ch. 165, Sec. 1,...
• Texas Section 431.062 - General Powers
  (a) A corporation has the powers and privileges of a nonprofit corporation incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas...
• Texas Section 431.063 - Promotion And Development Of Transportation Facilities And Systems
  A corporation may work directly with property owners, local and state governmental agencies, and elected officials to support an activity required to promote and develop...
• Texas Section 431.064 - Alignment Studies
  A corporation may perform a preliminary or final alignment study. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
• Texas Section 431.065 - Contributions; Expenses
  (a) A corporation may receive: (1) a contribution of real property for a right-of-way; and (2) a cash donation for: (A) the purchase of a...
• Texas Section 431.066 - Employees And Consultants
  (a) A corporation may employ an administrative staff. (b) A corporation may retain legal, public relations, and engineering services required to develop a transportation facility...
• Texas Section 431.067 - Promotional Activities
  (a) A corporation may make official presentations to the state and other affected agencies or groups concerning the development of a transportation project. (b) A...
• Texas Section 431.068 - Construction Or Improvement Contracts
  (a) A corporation may contract with the commission to: (1) construct or improve a transportation project designated by the commission; and (2) sell the project...
• Texas Section 431.069 - Location Of Transportation Projects
  A corporation may construct or improve a transportation project on real property, including a right-of-way acquired by the corporation, provided to the corporation for that...
• Texas Section 431.070 - Bonds And Notes
  (a) A corporation may issue bonds and notes to carry out its purpose. (b) The bonds and notes may be issued under any power or...
• Texas Section 431.071 - Approval Of Bonds And Notes By Attorney General
  (a) A corporation shall submit a bond or note authorized under Section 431.070 and a contract supporting its issuance to the attorney general for examination....
• Texas Section 431.072 - Limitation To Federal Or State Highway System
  A corporation may plan, design, acquire, construct, improve, extend, or maintain a transportation project only if the project: (1) is intended by the commission to...

SUBCHAPTER D LOCAL GOVERNMENT CORPORATIONS

• Texas Section 431.073 - Project In County Of 500,000 Or More Or Adjacent County
  (a) This section applies only to a corporation that was created by the state or one or more counties or municipalities to implement a transportation...
• Texas Section 431.101 - Creation Of Local Government Corporation
  (a) A local government corporation may be created to aid and act on behalf of one or more local governments to accomplish any governmental purpose...
• Texas Section 431.102 - Application Of Chapter 394, Local Government Code
  (a) In the manner in which Chapter 394, Local Government Code, applies to a corporation created under that chapter, that chapter applies to: (1) the...
• Texas Section 431.103 - Contracts With Political Subdivisions
  A local government corporation may contract with a political subdivision of this state in the manner and to the same extent as any other corporation....
• Texas Section 431.104 - Assumption Of Powers And Duties
  (a) The governing body of a local government may assume for the local government the powers and duties of a local government corporation created by...
• Texas Section 431.105 - Contractual Authority
  (a) A state agency, including the commission, or a political subdivision may contract with a local government corporation to accomplish a governmental purpose of the...
• Texas Section 431.106 - Public Safety Rules
  A local government that creates a local government corporation may establish and enforce traffic and other public safety rules on a toll road, toll bridge,...
• Texas Section 431.107 - Income Of Local Government Corporation
  (a) A local government creating a local government corporation is entitled at any time to receive any income earned by the local government corporation that...
• Texas Section 431.108 - Governmental Functions
  (a) A local government corporation is a governmental unit as that term is used in Chapter 101, Civil Practice and Remedies Code. (b) The operations...
• Texas Section 431.109 - Contracts For Historically Underutilized Businesses
  (a) This section applies only to a local government corporation serving a county with a population of more than 3.3 million. (b) A local government...

SUBCHAPTER E AMENDMENT OR RESTATEMENT OF ARTICLES OF INCORPORATION

• Texas Section 431.110 - Competitive Bidding Exception For Certain Improvements
  Any competitive bidding requirement or restriction on a local government that created a local government corporation does not apply to an expenditure by the local...
• Texas Section 431.141 - Amendment
  The articles of incorporation of a corporation created under this chapter may be amended only as provided by this subchapter. Acts 1995, 74th Leg., ch....
• Texas Section 431.142 - Amendment By Board Of Directors
  (a) The board at any time may file with the commission a written application requesting that the commission approve an amendment to the articles of...
• Texas Section 431.143 - Amendment By Commission
  The commission, at its sole discretion, may amend the articles of incorporation at any time by: (1) adopting the amendment by resolution; and (2) delivering...
• Texas Section 431.144 - Contents Of Articles Of Amendment
  The articles of amendment must: (1) state the name of the corporation; (2) if the amendment alters a provision of the articles of incorporation, identify...
• Texas Section 431.145 - Execution And Verification Of Articles Of Amendment
  (a) Articles of amendment adopted by the board shall be executed by: (1) the president or vice-president of the corporation; and (2) the secretary or...
• Texas Section 431.146 - Delivery And Filing Of Articles Of Amendment
  (a) Three originals of the articles of amendment shall be delivered to the secretary of state. (b) The secretary of state shall determine whether the...
• Texas Section 431.147 - Suits Not Affected
  (a) An amendment to the articles of incorporation does not affect: (1) any existing cause of action in favor of or against the corporation; (2)...
• Texas Section 431.148 - Restatement Of Articles
  A corporation, by following the procedure to amend the articles of incorporation in this subchapter, including obtaining the approval of the commission, may authorize, execute,...
• Texas Section 431.149 - Restatement Without Additional Amendment
  (a) A corporation may, without making any additional amendment, restate the entire text of the articles of incorporation as amended or supplemented by all certificates...
• Texas Section 431.150 - Restatement With Additional Amendment
  (a) A corporation may: (1) restate the entire text of the articles of incorporation as amended or supplemented by all certificates of amendment previously issued...
• Texas Section 431.151 - Change In Board Information Not Amendment
  For the purposes of Sections 431.149 and 431.150, substituting in the restated articles of incorporation the number, names, and addresses of the directors for the...
• Texas Section 431.152 - Execution And Verification Of Restatement Of Articles
  (a) Originals of the restated articles of incorporation shall be executed by: (1) the president or vice-president of the corporation; and (2) the secretary or...

SUBCHAPTER F ALTERATION OR DISSOLUTION OF CORPORATION

• Texas Section 431.153 - Delivery And Filing Of Restatement Of Articles
  (a) Three originals of the restated articles of incorporation shall be delivered to the secretary of state. (b) The secretary of state shall determine whether...
• Texas Section 431.181 - Alteration Or Dissolution By Commission
  (a) At any time the commission in its sole discretion may: (1) alter the structure, organization, programs, or activities of a corporation; or (2) dissolve...
• Texas Section 431.182 - Dissolution By Board On Completion Of Purpose
  The board, with the approval by written resolution of the commission, shall dissolve the corporation as provided by this subchapter if the board by resolution...
• Texas Section 431.183 - Execution Of Articles Of Dissolution
  Articles of dissolution shall be executed by: (1) the president or vice-president of the corporation and the secretary or assistant secretary of the corporation; or...
• Texas Section 431.184 - Delivery And Filing Of Articles Of Dissolution
  (a) Three originals of the articles of dissolution shall be delivered to the secretary of state. (b) The secretary of state shall determine whether the...
• Texas Section 431.185 - Effect Of Issuance Of Certificate Of Dissolution
  The corporate existence ends on the issuance of the certificate of dissolution except for: (1) the purpose of any ongoing suit or other proceeding; and...
• Texas Section 431.186 - Assets On Dissolution
  On dissolution or liquidation of a corporation, the title to all assets, including funds and property, shall be transferred to the commission unless the corporation...

Last modified: September 28, 2016