TRANSPORTATION CODE
CHAPTER 284. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, AND HIGHWAYS
IN CERTAIN COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
§ 284.001. DEFINITIONS. In this chapter:
(1) "Bond instrument" means a bond trust indenture and
a bond resolution.
(2) "Bond resolution" means an order or resolution of
a commissioners court authorizing the issuance of bonds.
(3) "Project" means a causeway, bridge, tunnel,
turnpike, highway, or any combination of those facilities,
including:
(A) a necessary overpass, underpass,
interchange, entrance plaza, toll house, service station,
approach, fixture, and accessory and necessary equipment;
(B) necessary administration, storage, and other
buildings; and
(C) all property rights, easements, and related
interests acquired.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.002. APPLICABILITY TO CERTAIN COUNTIES AND LOCAL
GOVERNMENT CORPORATIONS. (a) Except as provided by Subsection
(b), this chapter applies only to a county that:
(1) has a population of 50,000 or more and borders the
Gulf of Mexico or a bay or inlet opening into the gulf;
(2) has a population of 1.5 million or more;
(3) is adjacent to a county that has a population of
1.5 million or more; or
(4) borders the United Mexican States.
(b) A local government corporation created under Chapter
431 in a county to which this chapter applies has the same powers as
a county acting under this chapter, except as provided by Chapter
362.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 875, § 1, eff. June 20, 2003.
§ 284.003. PROJECT AUTHORIZED; CONSTRUCTION,
OPERATION, AND COST. A county, acting through the commissioners
court of the county, or a local government corporation, without
state approval, supervision, or regulation, may:
(1) construct, acquire, improve, operate, maintain,
or pool a project located:
(A) exclusively in the county;
(B) in the county and outside the county; or
(C) in one or more counties adjacent to the
county;
(2) issue tax bonds, revenue bonds, or combination tax
and revenue bonds to pay the cost of the construction, acquisition,
or improvement of a project;
(3) impose tolls or charges as otherwise authorized by
this chapter; or
(4) construct a bridge over a deep water navigation
channel if the bridge does not hinder maritime transportation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 875, § 2, eff. June 20, 2003.
§ 284.004. USE OF COUNTY PROPERTY. Notwithstanding any
other law, a county may use any county property for a project under
this chapter, regardless of when or how the property is acquired.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.005. CONVEYANCE TO COUNTY. The governing body of
a political subdivision or agency of this state may convey title or
right and easements to property needed by a county for a project
under this chapter without advertisement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.006. FEDERAL OR STATE AID. A county may:
(1) accept from the United States or this state
assistance or a loan, gift, grant, or contribution to acquire,
construct, improve, maintain, pool, or operate a project under this
chapter; and
(2) enter into agreements with the United States or
this state for the acquisition, construction, improvement,
maintenance, pooling, or operation of the project.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.007. CONTRACTS FOR HISTORICALLY UNDERUTILIZED
BUSINESSES. (a) A county with a population of more than 2.4
million operating under this chapter shall set and make a good faith
effort to meet or exceed goals for awarding contracts or
subcontracts associated with a project it operates, maintains, or
constructs to historically underutilized businesses.
(b) The goals must equal or exceed:
(1) the federal requirement on federal money used in
highway construction and maintenance; and
(2) the goals adopted by the department under Section
201.702.
(c) The goals apply to the total value of all contracts and
subcontracts awarded, including contracts and subcontracts for
construction, maintenance, operations, supplies, services,
materials, equipment, professional services, the issuance of
bonds, and bond counsel.
(d) In this section, "historically underutilized business"
means:
(1) a corporation formed for the purpose of making a
profit in which at least 51 percent of all classes of the shares of
stock or other equitable securities is owned, managed, and in daily
operations controlled by one or more persons who have been
historically underutilized because of their identification as
members of certain groups, including African Americans, Hispanic
Americans, women, Asian Pacific Americans, and Native Americans,
who have suffered the effects of discriminatory practices or
similar invidious circumstances over which they have no control;
(2) a sole proprietorship formed for the purpose of
making a profit that is 100 percent owned and in daily operations is
controlled by a person described by Subdivision (1);
(3) a partnership formed for the purpose of making a
profit in which at least 51 percent of the assets and interest in
the partnership is owned by one or more persons described by
Subdivision (1) who also have proportionate interest in the
control, daily operations, and management of the partnership's
affairs;
(4) a joint venture in which each entity in the joint
venture is a historically underutilized business; or
(5) a supplier contract between a historically
underutilized business and a prime contractor under which the
historically underutilized business is directly involved in the
manufacture or distribution of the supplies or materials or
otherwise warehouses and ships the supplies or materials.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.008. POWERS OF COMMISSION. (a) The commission
may:
(1) provide for and contribute toward the acquisition,
construction, improvement, operation, maintenance, or pooling of a
project under this chapter and under terms to which the commission
and the local government corporation or county agree that are
consistent with the rights of bondholders or a person operating the
project under a lease or other contract;
(2) lease a project under terms:
(A) to which the county or local government
corporation acting under this chapter and the commission agree;
and
(B) that are consistent with the bond instrument;
and
(3) declare any part of a project under this chapter to
be a part of the state highway system and operate any part of a
project as part of the state highway system, to the extent that
property and contract rights in the project and bonds are not
affected unfavorably.
(b) Sections 222.031 and 284.003 do not limit the
commission's authority to:
(1) operate or maintain a project under this chapter;
or
(2) contribute to the cost of acquisition,
construction, improvement, maintenance, operation, or pooling of a
project as provided by Subsection (a).
(c) A project becomes a part of the state highway system and
the commission shall maintain the project without tolls when:
(1) all of the bonds and interest on the bonds that are
payable from or secured by revenues of the project have been paid;
or
(2) a sufficient amount for the payment of all bonds
and the interest on the bonds to maturity has been set aside in a
trust fund held for the benefit of the bondholders.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.009. CONVEYANCE OF STATE HIGHWAY TO COUNTY OR TOLL
ROAD AUTHORITY.
Text of section as added by Acts 2003, 78th Leg., ch. 953, § 1
(a) The commission may convey a nontoll state highway or a
segment of a nontoll state highway, including real property
acquired to construct or operate the highway, to (i) a county or a
toll road authority in the county in which the state highway or
segment is located, or (ii) a county or toll road authority in a
county adjacent to the county in which the highway or segment is
located if the county or toll road authority in the county in which
the segment or highway is located approves the conveyance, for
operation and maintenance as a project under this chapter, if:
(1) the commission determines that the proposed
conveyance will improve overall mobility in the region or is the
most feasible and economic means of accomplishing necessary
improvements to the highway;
(2) any funds paid by the department for the
construction, maintenance, and operation of the conveyed highway
are repaid to the department; and
(3) the county or toll road authority agrees to assume
all liability and responsibility for the maintenance and operation
of the conveyed highway on its conveyance.
(b) A county or toll road authority that receives a nontoll
state highway or a segment of a nontoll state highway under
Subsection (a) may own, operate, and maintain the highway as a
pooled project under Section 284.065.
(c) The commission shall, at the time of a conveyance,
remove the highway or segment of highway from the state highway
system. After a conveyance, the department has no liability,
responsibility, or duty for the maintenance or operation of the
highway or segment.
(d) The commission may waive all or a portion of an amount
due under Subsection (a)(2) if it finds that the conveyance will
result in substantial net benefits to the state, the department,
and the traveling public that equal or exceed the amount of payment
waived.
(e) Before conveying a nontoll state highway or a segment of
a nontoll state highway under this section, the commission shall
conduct a public hearing to receive comments from interested
persons concerning the proposed conveyance. Notice of the hearing
shall be published in the Texas Register and in one or more
newspapers of general circulation in any county in which the
highway or segment is located.
(f) A county or toll road authority may use toll revenue
collected under this section to fund a transportation project or an
air quality project.
(g) The commission shall adopt rules implementing this
section, including criteria and guidelines for approval of a
conveyance of a highway or segment.
(h) In this section:
(1) "Air quality project" means a project or program
of a county, toll road authority, or another governmental entity
that the county or toll road authority determines will mitigate or
prevent air pollution caused by the construction, maintenance, or
use of public roads within the county.
(2) "Transportation project" means the construction,
improvement, maintenance, or operation of a transportation
facility:
(A) under the jurisdiction of a county, toll road
authority, or another governmental entity;
(B) located inside or outside the county or area
served by the toll road authority; and
(C) that the county or toll road authority
determines will improve mobility within the county or area served
by the toll road authority.
(i) This section applies only to a nontoll state highway or
a segment of a nontoll state highway that is conveyed for purposes
of creating an outer loop or connecting to an outer loop located
primarily in a county having a population of more than three million
or an adjacent county.
Added by Acts 2003, 78th Leg., ch. 953, § 1, eff. June 20, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1325, §
7.01, see § 284.009, post.
§ 284.009. CONVEYANCE OF STATE HIGHWAY TO COUNTY.
Text of section as added by Acts 2003, 78th Leg., ch. 1325, §
7.01
(a) The commission may convey a nontoll state highway or a
segment of a nontoll state highway, including real property
acquired to construct or operate the highway, to a county for
operation and maintenance as a project under this chapter if:
(1) the proposed conveyance is approved by the
commissioners court of each county within which the highway is
located;
(2) the commission determines that the proposed
conveyance will improve overall mobility in the region or is the
most feasible and economic means of accomplishing necessary
improvements to the highway;
(3) any funds paid by the department for the
construction, maintenance, and operation of the conveyed highway
are repaid to the department; and
(4) the county agrees to assume all liability and
responsibility for the maintenance and operation of the conveyed
highway on its conveyance.
(b) The commission may only make a conveyance under this
section if the commission determines that the conveyance is the
most feasible and economic means to accomplish necessary
expansions, extensions, or improvements of the conveyed segment of
the highway. Tolls may not be collected by an authority from a
conveyed segment of highway except to finance the expansion,
extension, operation, and maintenance of that highway segment.
(c) A county that receives a nontoll state highway or a
segment of a nontoll state highway under Subsection (a) may own,
operate, and maintain the highway as a pooled project under Section
284.065.
(d) The commission shall, at the time of a conveyance,
remove the highway or segment of highway from the state highway
system. After a conveyance, the department has no liability,
responsibility, or duty for the maintenance or operation of the
highway or segment.
(e) The commission may waive all or a portion of an amount
due under Subsection (a)(3) if it finds that the conveyance will
result in substantial net benefits to the state, the department,
and the traveling public that equal or exceed the amount of payment
waived.
(f) Before conveying a nontoll state highway or a segment of
a nontoll state highway under this section, the commission shall
conduct a public hearing to receive comments from interested
persons concerning the proposed conveyance. Notice of the hearing
shall be published in the Texas Register and in one or more
newspapers of general circulation in any county in which the
highway or segment is located.
(g) The commission shall adopt rules implementing this
section, including criteria and guidelines for approval of a
conveyance of a highway or segment.
(h) Funds received by the department under this section:
(1) shall be deposited to the credit of the state
highway fund; and
(2) are exempt from the application of Section
403.095, Government Code.
Added by Acts 2003, 78th Leg., ch. 1325, § 7.01, eff. Sept. 1,
2003.
For text of section as added by Acts 2003, 78th Leg., ch. 953, §
1, see § 284.009, ante.
SUBCHAPTER B. BOND PROVISIONS
§ 284.031. BONDS AUTHORIZED. (a) A county may issue
bonds for a project under this chapter that are secured:
(1) solely by the pledge of the gross or net revenues
of a project;
(2) by a pledge of:
(A) an ad valorem tax under Section 9, Article
VIII, Texas Constitution; or
(B) an unlimited ad valorem tax authorized by
Section 52, Article III, Texas Constitution;
(3) by designating part of the bonds to be secured
solely by a pledge of project revenues and part of the bonds to be
secured by pledge of the ad valorem tax; or
(4) by a combination of methods described by
Subdivisions (1) and (2) with all of the bonds supported and secured
by the ad valorem tax and the duty imposed on the county to collect
tolls for use of the project facilities as long as the bonds are
outstanding so that, as prescribed in the bond instrument, the
amount of the tax may be reduced as the project revenues become
sufficient to:
(A) meet the requirements for operation and
maintenance; and
(B) provide money for the bonds.
(b) The commissioners court may secure bonds issued under
this chapter through a trust indenture between the county and a
corporate trustee. The corporate trustee may be any trust company
or bank that has the powers of a trust company. The indenture may
pledge or assign project tolls or revenues but may not convey or
mortgage any part of the project.
(c) The bonds issued under this chapter may be authorized by
bond resolution at one time or from time to time and shall mature on
or before the 40th anniversary of their date.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.032. TAX BOND ELECTION. Bonds wholly or partly
supported by an ad valorem tax may not be issued without an election
at which the issuance of the bonds is authorized.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.033. INTERIM BONDS. (a) A county may, before
issuing definitive bonds, issue interim bonds, with or without
coupons, exchangeable for definitive bonds.
(b) The interim bonds may be authorized and issued in
accordance with this chapter, without regard to the requirements,
restrictions, or procedural provisions contained in any other law.
(c) The bond resolution authorizing interim bonds may
provide that the interim bonds must recite that the bonds are issued
under this chapter. The recital is conclusive evidence of the
validity and the regularity of the bonds' issuance.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.034. BOND SALE TO PAY OUTSTANDING BONDS. A county
acting through its commissioners court that issues bonds payable
from revenues from tolls collected for the use of a project under
this chapter and also payable from an unlimited tax authorized
under Section 52, Article III, Texas Constitution, may authorize,
under that section, and issue and sell its bonds and use the
proceeds to call, redeem, and pay off its outstanding tax and
revenue bonds under the terms of the bonds and make the project
available for the free use of the public.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.035. BOND APPROVAL AND REGISTRATION. (a) Bonds
under this chapter may be presented to the attorney general for
approval in the same manner as provided for approval of tax bonds
issued by a county. The attorney general's approval of the bonds
has the same effect as approval of county tax bonds.
(b) The comptroller shall register in the manner other
county bonds are registered bonds the attorney general approves
under this section.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.036. BONDS SECURED SOLELY BY REVENUE. Bonds
secured solely by a pledge of project revenue:
(1) are not a debt of the county issuing the bonds but
are solely a charge on project revenue;
(2) may not be considered in determining the power of
the county to issue for any purpose bonds payable in whole or in
part from taxes; and
(3) must state: "The holder hereof shall never have
the right to demand payment of this obligation out of any funds
raised or to be raised by taxation."
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.037. REVENUE BOND ELECTION NOT
REQUIRED. (a) The issuance of bonds under this chapter that are
payable solely from revenues may be authorized without an election.
(b) If an election is not held, notice of intention to issue
the revenue bonds must be given as provided by Section 252.041,
Local Government Code.
(c) The authority to issue the revenue bonds is subject to
the right of referendum provided by Section 252.045, Local
Government Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.038. REVENUE BONDS: AD VALOREM TAX FOR
MAINTENANCE AND OPERATION. (a) A county issuing bonds under this
chapter that are secured solely by a pledge of revenues may:
(1) by the bond resolution, authorize the payment of
the principal of and premium, if any, and interest on the bonds from
the gross revenues of the project; and
(2) impose a direct continuing ad valorem tax under
Section 9, Article VIII, or Section 52, Article III, Texas
Constitution, and pledge the tax to pay maintenance and operating
expenses of the project and to establish and maintain a reserve fund
and a depreciation and replacement fund for the project, as a
supplement to the pledge of revenues for those purposes or in lieu
of a pledge of revenues, as provided by the bond resolution.
(b) The proceeds of a tax pledged under this section shall
be used annually to the extent required by the bond resolution and
for the purposes stated in Subsection (a)(2). The county may
provide in the resolution that certain or all costs listed in the
resolution will be paid by the county from the proceeds of the tax.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.039. BONDS ARE SECURITIES. The bonds issued and
delivered under this chapter and interest coupons on the bonds are a
security under Chapter 8, Business & Commerce Code.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.040. EFFECT OF LIEN. (a) A lien on or a pledge of
revenue from a project under this chapter or on a reserve,
replacement, or other fund established in connection with a bond
issued under this chapter:
(1) is enforceable at the time of payment for and
delivery of the bond;
(2) applies to an item on hand or subsequently
received;
(3) applies without physical delivery of an item or
other act; and
(4) is enforceable against any person having any
claim, in tort, contract, or other remedy, against the county
without regard to whether the person has notice of the lien or
pledge.
(b) A bond resolution is not required to be recorded except
in the regular records of the county.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.041. REFUNDING BONDS. Subject to any restriction
in a bond instrument, a refunding bond may not be delivered unless
delivered in exchange for the bond authorized to be refunded or
unless sold and delivered to provide money for the payment of a
matured or redeemable bond maturing or redeemable within three
months.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.042. USE OF BOND PROCEEDS; LIEN. (a) The
proceeds of bonds issued under this chapter:
(1) may be used only to pay the costs of the project
described by Section 284.043; and
(2) shall be disbursed under the restrictions the bond
instrument provides.
(b) Project operating and maintenance costs to be paid from
proceeds of bonds payable in whole or in part from project revenue
may include only items expressly defined in the proceedings
authorizing the bonds.
(c) Notwithstanding Subsection (a), bond proceeds that
remain after the project costs are paid in full shall be used to pay
interest on and retire the bonds, unless otherwise provided in the
bond instrument.
(d) Unless otherwise provided in the bond instrument, if the
bond proceeds are not sufficient to pay all the project costs,
additional bonds may be issued up to the amount necessary to pay the
remaining costs. The additional bonds are considered to be of the
same issue as the original bonds and are entitled to payment from
the same fund, without preference for the bonds first issued.
(e) The bondholder or a bond trustee has a lien on the bond
proceeds.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.043. COSTS AND EXPENSES. (a) The cost of the
project may include:
(1) the cost of construction;
(2) the cost of any property, appurtenance, easement,
contract, franchise, or pavement used in the construction,
acquisition, improvement, operation, or maintenance of the
project;
(3) the cost of condemning property, including the
award, court costs, and attorney's fees;
(4) all legal, fiscal, or engineering expenses
incurred in the acquisition or construction of the project, the
making of any preliminary survey or investigation, or the
authorization and issuance of the bonds; and
(5) payment of interest on the bonds and operating
expenses on the project before and during construction and before
the first anniversary after construction of the project is
completed.
(b) Any preliminary expense paid from a county fund shall be
repaid to the fund from the proceeds of the bonds when the proceeds
are available.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.044. DEPOSITORY. A bank or trust company in this
state may:
(1) act as depository of bond proceeds or revenues
derived from the operation of the project; and
(2) provide indemnity bonds or pledge securities the
county requires.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.045. BONDS TAX FREE. Bonds under this chapter and
the transfer of and income from the bonds, including a profit made
on the sale of the bonds, are exempt from taxation in this state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.046. BONDHOLDER RIGHTS. (a) In addition to all
other rights by mandamus or other court proceeding, a holder or
trustee of a bond issued under this chapter may enforce the holder's
rights against the county, the county's employees, an operating
board, or an agent or employee of the operating board and is
entitled to:
(1) require the county and the board to impose and
collect tolls and charges sufficient to carry out any agreement
contained in the bond instrument; and
(2) apply for and obtain the appointment of a receiver
for the project.
(b) A bond instrument may contain provisions for the
protection and enforcement of a bondholder's rights and remedies,
including covenants:
(1) establishing the county's duties relating to:
(A) the acquisition of property;
(B) the construction, maintenance, operation,
and repair of, and insurance for, a project; and
(C) custody, safeguarding, and application of
money;
(2) prescribing events that constitute default;
(3) prescribing terms on which any or all of the bonds
become or may be declared due before maturity; and
(4) relating to the rights, powers, liabilities, or
duties that arise on the breach of a county's duty.
(c) A bond instrument may contain provisions restricting
the individual rights of action of the bondholder.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. CONSTRUCTION AND OPERATION
§ 284.061. ACQUISITION OF PROPERTY. (a) To acquire
property useful in connection with a project, a county may enter on
any real property, water, or premises to make a survey, sounding, or
examination.
(b) A county may acquire by eminent domain property to use
in or useful for a project under this chapter.
(c) Except as provided by Section 361.1375, if applicable,
the county is entitled to immediate possession of property subject
to a condemnation proceeding brought by the county after:
(1) a tender of a bond or other security in an amount
sufficient to secure the owner for damages; and
(2) the approval of the bond or security by the court.
(d) A county has full easements and rights-of-way through,
across, under, and over any property owned by this state that are
necessary or convenient to construct, acquire, or efficiently
operate a project under this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 5.05, eff. Jan. 11,
2004.
§ 284.062. FERRY. The commissioners court may purchase
or lease a ferry property and operate the property over the route to
be traversed by a project under this chapter during the period that
the project is being constructed. The cost of the purchase or lease
of the ferry property may be paid from the proceeds of the bonds
issued for the project.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.063. CONTRACT FOR PROJECT CONSTRUCTION. (a) A
county may enter into an agreement with a political subdivision or
agency of this state to construct, acquire, improve, operate, and
maintain a project under this chapter. The agreement may provide
for title to the project to be in one party to the agreement or for
joint ownership of the project.
(b) A county entering into an agreement under this section
may issue bonds as provided by this chapter to pay all or a part of
the cost of a project.
(c) An agreement entered into under this section, in
addition to other terms, may:
(1) extend for any agreed period; and
(2) provide that the agreement continues in effect
until bonds specified in the agreement and refunding bonds issued
in lieu of those bonds are paid.
(d) A payment made under the agreement is an operating and
maintenance expense of the project if the agreement so provides.
Revenues derived from the operation of the project may be pledged to
pay operating and maintenance expenses.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.064. CONTRACT TO OPERATE. (a) A county may
contract with another person for the person to operate all or part
of a project under this chapter to the extent prescribed by the bond
instrument.
(b) A contract made under this section must be for a
specified period that does not extend beyond the date of maturity of
the last maturing bond.
(c) A contract made under this section may not interfere
with the right of a bondholder to require proper operation and
maintenance of the facilities and the payments for the benefit of
the bond as prescribed in the bond instrument.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.065. POOLED PROJECTS. (a) A commissioners court
of a county by resolution may pool two or more projects the county
constructs under this chapter.
(b) An existing project may be pooled in whole or in part
with a new project.
(c) A project may not be pooled more than once.
(d) The resolution of the commissioners court establishing
a pooled project shall set a date when each of the projects being
pooled will be available for the free use of the public. The date
must be consistent with the bond instrument applicable to bonds for
any of the pooled projects.
(e) Subject to the terms of a bond instrument, a county
proceeding under this chapter may, from time to time, issue bonds,
including bonds that are payable either in whole or in part from the
revenues of a pooled project, to:
(1) pay all or a part of the cost of the pooled project
or the cost of a part of the pooled project;
(2) pay the costs of constructing improvements,
extensions, or enlargements to all or part of a pooled project; or
(3) refund outstanding bonds issued for any part of a
pooled project, including payment of a bond redemption premium and
any interest to the date of redemption; and
(4) pay the cost of constructing improvements,
extensions, and enlargements to any part of a pooled project for
which any part of the bonds to be refunded were issued.
(f) Revenues of any part of a pooled project may be pledged
to pay the bonds.
(g) Improvements, extensions, or enlargements to be paid
from refunding bonds issued under this chapter may be constructed
on any part of the pooled project without regard to the parts of the
pooled project covered by the bonds to be refunded.
(h) The refunding bonds may be issued in exchange for
outstanding bonds or may be sold and the proceeds used to redeem
outstanding bonds.
(i) A county may, from time to time, amend the extent or
component parts of a designated pooled project, consistent with the
terms of related bond instruments.
(j) This chapter applies to a pooled project and an amended
pooled project in the same manner that it applies to any other
project.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.066. OPERATING BOARD. (a) A commissioners court
may appoint an operating board if the commissioners court
determines that a project under this chapter could be developed,
constructed, operated, and managed better and more efficiently by
an operating board.
(b) Except as provided by Subsections (c) and (d), an
operating board has the same authority as the commissioners court,
including the power of eminent domain, regarding the development,
construction, operation, and management of a project under this
chapter.
(c) The operating board's authority is subject to the
limitations prescribed by the commissioners court.
(d) An operating board may not:
(1) impose a tax or borrow money; or
(2) exercise the authority of the commissioners court
under Section 284.071 except as provided by order of the
commissioners court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.067. PROJECTS EXTENDING INTO OTHER
COUNTIES. (a) A county may not construct or acquire a project
that is financed under this chapter and any part of which is in
another county until the commissioners court of the other county
adopts a resolution consenting to the construction or acquisition.
(b) A part of a project that has not been designated as part
of the state highway system and that is not a turnpike project as
defined in Chapter 361 is a part of the county road system of the
county in which the part is located. A law relating to the
maintenance and operation of a county road applies to a project
constructed or acquired under this chapter to the extent the law
does not conflict with this chapter.
(c) Each county into which the project extends, by
condemnation or another method under general law, may acquire the
property necessary for the project. The county issuing the bonds
may use the bond proceeds to acquire property necessary for the
project in any county into which the project extends.
(d) Payment of the purchase price, award, or other cost of
the project may be on the terms to which the commissioners courts of
the county issuing the bonds and the other county or counties agree.
Proceeds from bonds issued under this chapter may be used to pay a
cost incurred under this section.
(e) Two-tenths of one percent of the toll revenue shall be
shared equally between the permanent school fund and the General
Land Office. The General Land Office shall use its share for the
acquisition of real property in a natural state in the county of the
project. The acquired land shall be maintained in a natural state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 875, § 3, eff. June 20, 2003.
§ 284.068. RECONSTRUCTION OF CLOSED OR RELOCATED NONTOLL
ROADS, STREETS, OR HIGHWAYS. If under this chapter a county closes
or changes the location of a portion of a nontoll road, street, or
highway, the county shall reconstruct the nontoll road, street, or
highway at a location and in the manner the county determines will
provide substantially the same access as the nontoll road, street,
or highway being closed or relocated.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.069. TOLLS AND CHARGES. If bonds under this
chapter are payable in whole or in part from project revenue, the
county shall impose tolls and charges that are, together with other
money or revenues available for the project, including ad valorem
tax, sufficient to:
(1) pay the maintenance and operating expenses of the
project;
(2) pay the principal of, premium of, if any, and
interest on the bonds when due;
(3) establish a reserve for payment of bond principal,
premium, and interest; and
(4) establish an adequate fund for project
depreciation and replacement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.070. NONPAYMENT OF TOLL; OFFENSE. (a) A person
commits an offense if the person:
(1) operates a vehicle on a county project; and
(2) fails or refuses to pay a toll imposed under
Section 284.069.
(b) An offense under this section is a misdemeanor
punishable by a fine not to exceed $100.
(c) The county may take and retain possession of a vehicle
operated in violation of Subsection (a) until the amount of the toll
and all charges in connection with the toll are paid.
(d) In a county with a population over 2.8 million, an
offense under this section may be prosecuted in any precinct in the
county in which the offense was committed.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1107, § 1, eff. Sept. 1, 1997.
§ 284.0701. ADMINISTRATIVE COSTS; NOTICE;
OFFENSE. (a) In the event of an offense committed under Section
284.070, on issuance of a written notice of nonpayment, the
registered owner of the nonpaying vehicle is liable for the payment
of both the proper toll and an administrative cost.
(b) The county may impose and collect the administrative
cost so as to recover the expense of collecting the unpaid toll, not
to exceed $100. The county shall send a written notice of nonpayment
to the registered owner of the vehicle at that owner's address as
shown in the vehicle registration records of the department by
first-class mail not later than the 30th day after the date of the
alleged failure to pay and may require payment not sooner than the
30th day after the date the notice was mailed. The registered owner
shall pay a separate toll and administrative cost for each event of
nonpayment under Section 284.070.
(c) The registered owner of a vehicle for which the proper
toll was not paid who is mailed a written notice of nonpayment under
Subsection (b) and fails to pay the proper toll and administrative
cost within the time specified by the notice of nonpayment commits
an offense. Each failure to pay a toll or administrative cost under
this subsection is a separate offense.
(d) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle is a lessor of the
vehicle and not later than the 30th day after the date the notice of
nonpayment is mailed provides to the authority a copy of the rental,
lease, or other contract document covering the vehicle on the date
of the nonpayment under Section 284.070, with the name and address
of the lessee clearly legible. If the lessor provides the required
information within the period prescribed, the authority may send a
notice of nonpayment to the lessee at the address shown on the
contract document by first class mail before the 30th day after the
date of receipt of the required information from the lessor. The
lessee of the vehicle for which the proper toll was not paid who is
mailed a written notice of nonpayment under this subsection and
fails to pay the proper toll and administrative cost within the time
specified by the notice of nonpayment commits an offense. The
lessee shall pay a separate toll and administrative cost for each
event of nonpayment. Each failure to pay a toll or administrative
cost under this subsection is a separate offense.
(e) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 284.070 occurred, submitted written notice of the
transfer to the department in accordance with Section 520.023, and
before the 30th day after the date the notice of nonpayment is
mailed, provides to the county the name and address of the person to
whom the vehicle was transferred. If the former owner of the
vehicle provides the required information within the period
prescribed, the county may send a notice of nonpayment to the person
to whom ownership of the vehicle was transferred at the address
provided by the former owner by first-class mail before the 30th day
after the date of receipt of the required information from the
former owner. The subsequent owner of the vehicle for which the
proper toll was not paid who is mailed a written notice of
nonpayment under this subsection and fails to pay the proper toll
and administrative cost within the time specified by the notice of
nonpayment commits an offense. The subsequent owner shall pay a
separate toll and administrative cost for each event of nonpayment
under Section 284.070. Each failure to pay a toll or administrative
cost under this subsection is a separate offense.
(f) An offense under this section is a misdemeanor
punishable by a fine not to exceed $250.
(g) The court in which a person is convicted of an offense
under this section shall also collect the proper toll and
administrative cost and forward the toll and cost to the county.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the
department or the analogous department or agency of another state
or country.
Added by Acts 2003, 78th Leg., ch. 372, § 1, eff. Sept. 1, 2003.
§ 284.0702. PRIMA FACIE EVIDENCE; DEFENSE. (a) In the
prosecution of an offense under Section 284.070 or 284.0701, proof
that the vehicle was driven or towed through the toll collection
facility without payment of the proper toll may be shown by a video
recording, photograph, electronic recording, or other appropriate
evidence, including evidence obtained by automated enforcement
technology.
(b) In the prosecution of an offense under Section
284.0701(c), (d), or (e), a computer record of the department of the
registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the
vehicle when the underlying event of nonpayment under Section
284.070 occurred.
(c) It is a defense to prosecution under Section
284.0701(c), (d), or (e) that the vehicle in question was stolen
before the failure to pay the proper toll occurred and had not been
recovered before the failure to pay occurred, but only if the theft
was reported to the appropriate law enforcement authority before
the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
Added by Acts 2003, 78th Leg., ch. 372, § 1, eff. Sept. 1, 2003.
§ 284.071. CONTROLLED ACCESS TO TOLL ROAD. (a) The
commissioners court of a county by order may designate a toll road
established for the county under this chapter as a
controlled-access toll road.
(b) The commissioners court by order may:
(1) deny use of or access to or from the toll road by a
motor vehicle, bicycle, or other vehicle or by a pedestrian;
(2) deny access to or from:
(A) the toll road;
(B) real property adjacent to the toll road; or
(C) a street, road, alley, highway, or other
public or private way intersecting the toll road;
(3) designate locations on the toll road at which
access to or from the toll road is permitted;
(4) control, restrict, and determine the type and
extent of access permitted at a designated location of access to the
toll road; or
(5) erect appropriate protective devices to preserve
the utility, integrity, and use of the toll road.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.072. PROMOTION OF TOLL ROADS. The commissioners
court of a county may promote the use of a toll road operated under
this chapter by appropriate means, including advertising or
marketing as the commissioners court finds appropriate.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.073. POWERS AND DUTIES OF RECEIVER. (a) A
receiver appointed for a project may enter, take possession of, and
maintain the project.
(b) A receiver may collect all revenues and tolls from the
project in the same manner as the county.
(c) A receiver shall dispose of the money collected in
accordance with the obligations of the county under the bond
instrument and as the court that appoints the receiver directs.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 284.074. TAX AND ASSESSMENT EXEMPTION:
PROJECTS. Each part of a project is exempt from taxation and
assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES
§ 284.201. APPLICABILITY OF SUBCHAPTER. This
subchapter applies only to:
(1) a county with a population of more than 3.3
million; or
(2) a county adjacent to a county with a population of
more than 3.3 million.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 669, § 131, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 670, § 1, eff. June 20,
2003.
§ 284.202. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE
ON TOLL PROJECT. (a) The commissioners court of a county by order
may prohibit the operation of a motor vehicle on a county project
described by Section 284.001(3) if:
(1) an operator of the vehicle has failed to pay a
required toll or charge; and
(2) the county provides the registered owner of the
vehicle with notice of the unpaid toll or charge.
(b) The notice required by Subsection (a)(2) must be mailed
to the registered owner of the vehicle at least 10 days before the
date the prohibition takes effect.
(c) If the registered owner of the vehicle fails to pay a
toll or charge not later than the 10th day after the notice under
Subsection (b) is mailed, the commissioners court by order may
impose a reasonable cost for expenses associated with collecting
the unpaid toll or charge.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 372, § 2, eff. Sept.
1, 2003.
§ 284.203. VIOLATION OF ORDER; OFFENSE. (a) A person
commits an offense if the person operates a motor vehicle or causes
or allows the operation of a motor vehicle in violation of an order
adopted under Section 284.202(a).
(b) An offense under this section is a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997.
§ 284.2031. CIVIL AND CRIMINAL ENFORCEMENT
COST. (a) A county may impose, in addition to other costs, $1 as a
court cost on conviction to a defendant convicted of an offense
under Section 284.070, 284.0701, or 284.203 in an action brought by
the county or district attorney.
(b) In this section, a person is considered convicted if:
(1) a sentence is imposed on the person; or
(2) the court defers final disposition of the person's
case.
(c) Money collected under Subsection (a) shall be deposited
in the county treasury in a special fund to be administered by the
county attorney or district attorney. Expenditures from this fund
shall be at the sole discretion of the attorney and may be used only
to defray the salaries and expenses of the prosecutor's office, but
in no event may the county attorney or district attorney supplement
his or her own salary from this fund.
Added by Acts 2003, 78th Leg., ch. 372, § 3, eff. Sept. 1, 2003.
§ 284.204. ADMINISTRATIVE ADJUDICATION HEARING
PROCEDURE. (a) The commissioners court of a county may adopt an
administrative adjudication hearing procedure for a person who is
suspected of having violated an order adopted under Section
284.202(a) on at least two separate occasions within a 12-month
period.
(b) A hearing procedure adopted under Subsection (a) must
provide:
(1) a period for a person charged with violating the
order:
(A) to pay the toll or charge plus administrative
costs authorized by Sections 284.202 and 284.2031; or
(B) to request a hearing;
(2) for appointment of one or more hearing officers
with authority to administer oaths and issue orders compelling the
attendance of witnesses and the production of documents; and
(3) for the amount and disposition of civil fines,
costs, and fees.
(c) An order issued under Subsection (b)(2) may be enforced
by a justice of the peace.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 372, § 4, eff. Sept.
1, 2003.
§ 284.205. CITATION OR SUMMONS. (a) A citation or
summons issued under this subchapter must:
(1) inform the recipient of the time and place of the
hearing; and
(2) notify the person charged with a violation that
the person has the right of a hearing without delay.
(b) The original or any copy of the summons or citation is a
record kept in the ordinary course of business of the county and is
rebuttable proof of the facts it contains.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997.
§ 284.206. ADMINISTRATIVE HEARING: PRESUMPTION;
EVIDENCE OF OWNERSHIP. (a) In an administrative adjudication
hearing under this subchapter it is presumed that the registered
owner of the motor vehicle that is the subject of the hearing is the
person who operated or allowed the operation of the motor vehicle in
violation of the order.
(b) A computer record of the department of the registered
vehicle owner is prima facie evidence of its contents and that the
defendant was the registered owner of the vehicle at the time the
violation occurred.
(c) Proof of the violation of the order may be shown by a
video recording, photograph, electronic recording, or other
appropriate evidence, including evidence obtained by automated
enforcement technology.
(d) It is a defense to prosecution under this subchapter
that the vehicle in question was stolen before the failure to pay
the proper toll occurred and had not been recovered before the
failure to pay occurred, but only if the theft was reported to the
appropriate law enforcement authority before the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 372, § 5, eff. Sept.
1, 2003.
§ 284.207. ATTENDANCE ON HEARING. (a) The peace
officer or toll road agent who alleges a violation is not required
to attend the hearing.
(b) The failure of a person charged with an offense to
appear at the hearing is considered an admission of liability for
the violation.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997.
§ 284.208. DECISION OF HEARING OFFICER. (a) The
hearing officer shall issue a decision stating:
(1) whether the person charged is liable for a
violation of the order; and
(2) the amount of the fine and costs to be assessed
against the person.
(b) The hearing officer shall file the decision with the
county clerk.
(c) A decision of a hearing officer filed under Subsection
(b) must be kept in a separate index and file. The decision may be
recorded using a computer printout, microfilm, microfiche, or a
similar data processing technique.
(d) If a person is found liable under Subsection (a) for a
violation of the order, a county may impose, in addition to other
costs, $1 as a cost associated with the hearing.
(e) Money collected under Subsection (d) shall be deposited
in the county treasury in a special fund to be administered by the
county attorney or district attorney. Expenditures from this fund
shall be at the sole discretion of the attorney and may be used only
to defray the salaries and expenses of the prosecutor's office, but
in no event may the county attorney or district attorney supplement
his or her own salary from this fund.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 372, § 6, eff. Sept.
1, 2003.
§ 284.209. ENFORCEMENT OF DECISION. A decision issued
under Section 284.208(a) may be enforced by:
(1) placing a device that prohibits movement of a
motor vehicle on the vehicle that is the subject of the decision;
(2) imposing an additional fine if the fine for the
offense is not paid within a specified time; or
(3) refusing to allow the registration of the vehicle.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997.
§ 284.210. APPEAL OF HEARING OFFICER DECISION. (a) A
person determined by a hearing officer to be in violation of an
order may appeal the determination to a county court at law.
(b) To appeal, the person must file a petition with the
court not later than the 30th day after the date the hearing
officer's decision is filed with the county clerk. The petition
must be accompanied by payment of the costs required by law for the
court.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997.
§ 284.211. HEARING ON APPEAL. The court in which an
appeal petition is filed shall:
(1) schedule a hearing; and
(2) notify all parties of the date, time, and place of
the hearing.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997.
§ 284.212. EFFECT OF APPEAL. Service of notice of
appeal does not stay the enforcement and collection of the decision
of the hearing officer unless the person who files the appeal posts
a bond with an agency designated by the county to accept payment for
a violation.
Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1,
1997.
§ 284.213. SEIZURE OF TRANSPONDERS. (a) For purposes
of this section, "transponder" means a device, placed on or within a
motor vehicle, that is capable of transmitting information used to
assess or to collect tolls. A transponder is insufficiently funded
when there are no remaining funds in the account in connection with
which the transponder was issued.
(b) Any peace officer of this state may seize a stolen or
insufficiently funded transponder and return it to the county,
except that an insufficiently funded transponder may not be seized
sooner than the 30th day after the date the county has sent a notice
of delinquency to the holder of the account.
Added by Acts 2003, 78th Leg., ch. 372, § 7, eff. Sept. 1, 2003.
