Texas Transportation Code Title 6, Chapter 460 - Coordinated County Transportation Authorities

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 460.001 - Definitions
  In this chapter: (1) "Authority" means a coordinated county transportation authority created under this chapter. (2) "Balance of the county" means that part of the...
• Texas Section 460.002 - Applicability
  This chapter applies only to a county that is adjacent to a county with a population of more than one million. Added by Acts 2001,...
• Texas Section 460.003 - Ineligibility Of Certain Municipalities
  (a) A municipality that is a member of a subregion of a transportation authority governed by a board described in Subchapter O, Chapter 452, is...

SUBCHAPTER B CREATION OF AUTHORITY

• Texas Section 460.004 - Reference
  A reference in this chapter to the executive committee means the board of directors. Added by Acts 2003, 78th Leg., ch. 306, Sec. 2, eff....
• Texas Section 460.051 - Creation Of Authority
  (a) The commissioners court of a county may initiate the process to create an authority to provide public transportation and transportation-related services: (1) on adoption...
• Texas Section 460.052 - Hearing
  (a) The commissioners court shall hold a public hearing on creation of an authority not later than the 60th day after the date the commissioners...
• Texas Section 460.053 - Resolution Or Order
  After the hearing, the commissioners court may adopt a resolution or order: (1) designating the name of the authority; (2) stating that all land within...
• Texas Section 460.054 - Membership Of Interim Executive Committee
  (a) After adopting a resolution or order under Section 460.053, the commissioners court and certain municipalities, as provided by this section, shall appoint an interim...
• Texas Section 460.055 - Duties Of Interim Executive Committee
  (a) The interim executive committee shall elect three of its members to serve as the chair, vice chair, and secretary. (b) The interim executive committee...
• Texas Section 460.056 - Approval Of Service Plan And Tax Rate
  (a) On approval by the interim executive committee of the service plan and tax rate, a copy of the plan and tax rate shall be...
• Texas Section 460.057 - Confirmation Election
  (a) The interim executive committee shall notify the commissioners court of the need to call a confirmation election. (b) The commissioners court in ordering the...
• Texas Section 460.058 - Conduct Of Election
  (a) A confirmation election shall be conducted so that the votes are separately tabulated and canvassed in order to show the results for: (1) each...
• Texas Section 460.059 - Results Of Election
  (a) If a majority of votes received in the county favor the proposition, the authority is confirmed, except that the authority does not include a...

SUBCHAPTER C POWERS OF AUTHORITY

• Texas Section 460.060 - Failure To Confirm Authority
  (a) If the authority ceases, the interim executive committee shall record the results of the election in its minutes and adopt an order declaring that...
• Texas Section 460.101 - Powers Applicable To Confirmed Authority
  This subchapter applies only to an authority that has been confirmed. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
• Texas Section 460.102 - Nature Of Authority
  (a) An authority: (1) is a governmental body and a corporate body; (2) has perpetual succession; and (3) exercises public and essential governmental functions. (b)...
• Texas Section 460.103 - General Powers Of Authority
  (a) The authority has any power necessary or convenient to carry out this chapter or effect the purpose of this chapter. (b) An authority may...
• Texas Section 460.104 - Power To Contract; Grants And Loans
  (a) An authority may contract with any person. (b) An authority may accept a gift, grant, donation, or loan from any person. (c) An authority...
• Texas Section 460.1041 - Liability Limited For Rail Services Under Certain Agreements
  (a) This section applies only to public passenger rail services provided: (1) under an agreement between an authority created before January 1, 2005, and a...
• Texas Section 460.105 - Operation Of Public Transportation System
  (a) An authority may: (1) acquire, construct, develop, plan, own, operate, and maintain a public transportation system in the territory of the authority, including the...
• Texas Section 460.106 - Authorization Of Tax Levy
  (a) An authority may call an authorization election for a tax levy associated with the service plan developed by the interim executive committee or a...
• Texas Section 460.107 - Acquisition Of Property
  (a) As necessary or useful in the construction, repair, maintenance, or operation of a public transportation system, an authority may use a public way, including...
• Texas Section 460.108 - Agreement With Utilities, Carriers
  (a) An authority may agree with any other public or private utility, communication system, common carrier, or transportation system for: (1) the joint use of...
• Texas Section 460.109 - Fares And Use Fees
  (a) An authority shall impose reasonable and nondiscriminatory fares, tolls, charges, rents, and other forms of compensation for the use of the public transportation system....
• Texas Section 460.1091 - Enforcement Of Fares And Other Charges; Penalties
  (a) A board of directors by resolution may prohibit the use of the public transportation system by a person without payment of the appropriate fare...
• Texas Section 460.1092 - Fare Enforcement Officers
  (a) An authority may employ or contract for persons to serve as fare enforcement officers to enforce the payment of fares for use of the...
• Texas Section 460.110 - Insurance
  (a) An authority may insure, through purchased insurance policies, self-insurance programs, or both, the legal liability of the authority and of its contractors and subcontractors...
• Texas Section 460.111 - Tax Exemption
  The property, revenue, and income of an authority are exempt from state and local taxes. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1,...
• Texas Section 460.112 - Mass Transit Rail System; Exemption
  (a) An authority that constructs or operates or contracts with another entity to construct or operate a mass transit rail system is not subject to...
• Texas Section 460.201 - Terms; Vacancy
  (a) Each member of the board of directors serves a term of two years. (b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 326, Sec....
• Texas Section 460.2015 - Membership Of Board Of Directors
  (a) The board of directors of an authority confirmed under Subchapter B may increase the population amount stated by Section 460.054(b)(1) in increments of up...
• Texas Section 460.202 - Eligibility
  To be eligible for appointment to the board of directors, a person must: (1) have professional experience in the field of transportation, business, government, engineering,...
• Texas Section 460.203 - Conflicts Of Interest
  Members of the board of directors and officers and employees of the authority are subject to Chapter 171, Local Government Code. Added by Acts 2001,...
• Texas Section 460.204 - Meetings
  (a) The board of directors shall meet at least monthly to transact the business of an authority. (b) The chair may call special meetings as...
• Texas Section 460.205 - Quorum; Voting Requirements
  (a) Five members constitute a quorum of the board of directors. (b) An action of the board of directors requires a vote of a majority...

SUBCHAPTER E ADDITION OF TERRITORY

• Texas Section 460.206 - Rules
  The board of directors may adopt rules relating to the creation of a vacancy on the board by the absence of a board member at...
• Texas Section 460.301 - Addition Of Territory By Municipal Annexation
  When a municipality that is part of an authority annexes territory that before the annexation is not part of the authority, the annexed territory becomes...
• Texas Section 460.302 - Addition Of Municipality By Election
  (a) The territory of a municipality that is not initially part of an authority may be added to an authority if: (1) any part of...
• Texas Section 460.303 - Joining Authority; Certain Authorities
  (a) A municipality that has a population of more than 500,000 and that is located in a county with a population of more than one...

SUBCHAPTER F MANAGEMENT OF AUTHORITY

• Texas Section 460.304 - Tax Imposed In Added Territory
  (a) Except as provided by Section 460.302(e), a sales and use tax imposed by an authority takes effect in territory added to the authority under...
• Texas Section 460.401 - Management Of Authority
  The board of directors is responsible for the management, operation, and control of the authority and its properties. Added by Acts 2001, 77th Leg., ch....
• Texas Section 460.402 - Financial Audit
  (a) The authority shall have an annual audit of the affairs of the authority prepared by an independent certified public accountant. (b) The audit is...
• Texas Section 460.403 - Budget
  The board of directors shall prepare an annual budget. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001. Amended by:...
• Texas Section 460.404 - Funding
  (a) An authority may request funds for its operation from a municipality, the commissioners court, or both a municipality and the commissioners court. The request...
• Texas Section 460.405 - Prohibitions
  (a) Federal funds and appropriated state funds may not be spent by or on behalf of an authority to influence or affect the award or...

SUBCHAPTER G BONDS AND NOTES

• Texas Section 460.406 - Purchases: Competitive Bidding
  (a) Except as provided by Subsection (c), an authority may not award a contract for construction, services, or property, other than real property, except through...
• Texas Section 460.501 - Definition
  In this subchapter, "bond" includes a note. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.
• Texas Section 460.502 - Power To Issue Bonds
  (a) An authority may issue bonds at any time and for amounts the executive committee determines are appropriate. (b) The bonds may be issued as...
• Texas Section 460.503 - Bond Terms
  The bonds of an authority are fully negotiable. An authority may make the bonds redeemable before maturity. The terms and conditions of authority bonds are...
• Texas Section 460.504 - Sale
  An authority's bonds may be sold at a public or private sale as determined by the board of directors to be the more financially beneficial....
• Texas Section 460.505 - Incontestability
  An authority's bonds are incontestable after the bonds are: (1) approved by the attorney general; (2) registered by the comptroller of public accounts; and (3)...
• Texas Section 460.506 - Security Pledged
  To secure the payment of an authority's bonds, the authority may: (1) pledge all or part of revenue realized from any tax that is approved...
• Texas Section 460.507 - Refunding Bonds
  An authority may issue refunding bonds at any time. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001. Amended by...
• Texas Section 460.508 - Notes
  (a) An authority may issue negotiable notes payable from any of the authority's sources of revenue to pay for any lawful expenditure, other than principal...

SUBCHAPTER H TAXATION

• Texas Section 460.509 - Obligations And Credit Agreements
  An authority may issue obligations and enter into credit agreements under Chapter 1371, Government Code. Added by Acts 2009, 81st Leg., R.S., Ch. 557 (S.B....
• Texas Section 460.551 - Sales And Use Tax
  (a) The board of directors may impose for an authority a sales and use tax at the rate of: (1) one-quarter of one percent; (2)...
• Texas Section 460.552 - Maximum Tax Rate In Authority Area
  (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 460.553 - Initial Sales Tax: Effective Date
  The adoption of a sales and use tax takes effect on the first day of the first calendar quarter after the confirmation election. Added by...

SUBCHAPTER I PARTICIPATION IN AUTHORITY THROUGH TAX INCREMENT PAYMENTS

• Texas Section 460.554 - Rate Decrease
  The board of directors by order may direct the comptroller of public accounts to collect the authority's sales and use tax at a rate that...
• Texas Section 460.601 - Definition
  In this subchapter, "tax increment" means the amount of revenue generated from ad valorem taxes, sales and use taxes imposed by a municipality under Section...
• Texas Section 460.602 - Participation In Service Plan; Agreement With Municipality
  A service plan may be implemented in an area of a municipality that has not authorized the authority's sales and use tax levy if: (1)...
• Texas Section 460.603 - Designation Of Public Transportation Financing Area
  The governing body of a municipality by ordinance may designate a contiguous geographic area in the jurisdiction of the municipality to be a public transportation...
• Texas Section 460.604 - Hearing
  (a) Before adopting an ordinance designating a public transportation financing area, the municipality must hold a public hearing on the creation of the public transportation...
• Texas Section 460.605 - Designation Of Tax Increment
  (a) In the ordinance designating an area as a public transportation financing area, the municipality must: (1) designate a portion or amount of the tax...
• Texas Section 460.606 - Tax Increment Account; Use Of Taxes
  (a) An authority that enters into an agreement with a municipality to provide services to a public transportation financing area must establish a tax increment...
• Texas Section 460.607 - Agreement With Comptroller
  Before pledging or otherwise committing money in the tax increment account under Section 460.606, the governing body of a municipality must enter into an agreement...
• Texas Section 460.608 - Accounting Of Maintenance And Operating Expenses
  An authority shall, under an agreement under Section 460.602: (1) provide to the municipality an annual accounting, with supporting documentation, of the annual maintenance and...
• Texas Section 460.609 - Capital Recovery Fee
  An agreement to provide services to a public transportation financing area may require the municipality to pay the authority a capital recovery fee. An authority...
• Texas Section 460.610 - Use Of Surplus Tax Increment Payment Amounts
  After any applicable capital recovery fee has been paid, the authority and the municipality shall negotiate to determine use of the amount of tax increment...
• Texas Section 460.611 - Termination Of Public Transportation Financing Area
  If the tax increment is pledged to the payment of bonds and interest on the bonds or to the payment of any other obligations, the...

Last modified: September 28, 2016