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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of regional transit authorities; granting |
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the power of eminent domain; providing authority to impose a tax and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle K, Title 6, Transportation Code, is |
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amended by adding Chapter 463 to read as follows: |
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CHAPTER 463. REGIONAL TRANSIT AUTHORITIES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 463.001. DEFINITIONS. In this chapter: |
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(1) "Authority" means a regional transit authority |
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created under this chapter. |
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(2) "Executive committee" means the authority |
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directors who serve as the governing body of the authority. |
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(3) "Light rail mass transit system" means a system |
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that: |
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(A) uses a fixed guideway rail with electric |
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power propelling mass transit passenger vehicles; and |
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(B) is constructed by an authority. |
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(4) "Public transportation system" means: |
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(A) all property owned or held by an authority |
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for public transportation service purposes; |
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(B) real property, facilities, and equipment for |
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the protection and environmental enhancement of all the facilities; |
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and |
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(C) property held: |
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(i) in accordance with a contract with the |
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owner making the property subject to the control of or regulation by |
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the authority; and |
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(ii) for public transportation service |
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purposes. |
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(5) "Service plan" means an outline of the service |
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that would be provided by the authority to counties if confirmed at |
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an election. |
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Sec. 463.002. APPLICATION. This chapter applies to: |
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(1) a county contiguous to the Gulf of Mexico or a bay |
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or inlet opening into the gulf and bordering the United Mexican |
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States; and |
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(2) a county that borders a county described by |
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Subdivision (1). |
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Sec. 463.003. MUNICIPALITIES MAY PROVIDE TRANSPORTATION |
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SERVICES. This chapter does not prohibit a municipality from |
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providing public transportation services. |
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SUBCHAPTER B. POWERS OF AUTHORITIES |
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Sec. 463.051. POWERS APPLICABLE TO CONFIRMED AUTHORITY. |
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This subchapter applies only to an authority that has been |
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confirmed. |
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Sec. 463.052. NATURE OF AUTHORITY. (a) An authority: |
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(1) is a public political entity and corporate body; |
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(2) has perpetual succession; and |
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(3) exercises public and essential governmental |
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functions. |
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(b) The exercise of a power granted by this chapter, |
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including a power relating to a station or terminal complex, is for |
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a public purpose and is a matter of public necessity. |
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(c) An authority is a governmental unit under Chapter 101, |
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Civil Practice and Remedies Code, and the operations of the |
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authority are not proprietary functions for any purpose including |
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the application of Chapter 101, Civil Practice and Remedies Code. |
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Sec. 463.053. RESPONSIBILITY FOR CONTROL OF AUTHORITY. |
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Except as provided by Section 463.104, the executive committee is |
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responsible for the management, operation, and control of an |
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authority and its property. |
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Sec. 463.054. GENERAL POWERS OF AUTHORITY. (a) An |
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authority has any power necessary or convenient to carry out this |
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chapter or to effect a purpose of this chapter. |
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(b) An authority may sue and be sued. An authority may not |
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be required to give security for costs in a suit brought or |
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prosecuted by the authority and may not be required to give a |
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supersedeas or cost bond in an appeal of a judgment. |
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(c) An authority may hold, use, sell, lease, dispose of, and |
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acquire, by any means, property and licenses, patents, rights, and |
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other interests necessary, convenient, or useful to the exercise of |
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any power under this chapter. |
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(d) An authority may sell, lease, or dispose of in another |
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manner: |
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(1) any right, interest, or property of the authority |
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that is not needed for, or, if a lease, is inconsistent with, the |
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efficient operation and maintenance of the public transportation |
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system; or |
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(2) at any time, surplus materials or other property |
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that is not needed for the requirements of the authority or for |
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carrying out a power under this chapter. |
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Sec. 463.055. CONTRACTS; GRANTS AND LOANS. (a) An |
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authority may contract with any person. |
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(b) An authority may accept a grant or loan from any person. |
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(c) An authority may enter one or more agreements with any |
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municipality included in the area of the authority for the |
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distribution of the authority's revenues. |
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Sec. 463.056. OPERATION OF PUBLIC TRANSPORTATION SYSTEM. |
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(a) An authority may: |
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(1) acquire, construct, develop, plan, own, operate, |
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and maintain a public transportation system in the territory of the |
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authority, including the territory of a political subdivision; |
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(2) contract with a municipality, county, or other |
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political subdivision for the authority to provide public |
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transportation services outside the authority; and |
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(3) lease all or a part of the public transportation |
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system to, or contract for the operation of all or a part of the |
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public transportation system by, an operator. |
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(b) An authority, as the authority determines advisable, |
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shall determine routes. |
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(c) The executive committee may submit a referendum for the |
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approval of a power granted by Subsection (a) or (b). |
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(d) A private operator who contracts with an authority under |
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this chapter is not a public entity for purposes of any law of this |
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state. |
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Sec. 463.057. ACQUISITION OF PROPERTY BY AGREEMENT. An |
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authority may acquire rolling stock or other property under a |
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contract or trust agreement, including a conditional sales |
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contract, lease, and equipment trust certificate. |
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Sec. 463.058. USE AND ACQUISITION OF PROPERTY OF OTHERS. |
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(a) For a purpose described by Section 463.056(a)(1) and as |
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necessary or useful in the construction, repair, maintenance, or |
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operation of the public transportation system, an authority may: |
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(1) use a public way, including an alley; and |
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(2) directly, or indirectly by another person, |
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relocate or reroute the property of another person or alter the |
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construction of the property of another person. |
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(b) For an act authorized by Subsection (a)(2), an authority |
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may contract with the owner of the property to allow the owner to |
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make the relocation, rerouting, or alteration by the owner's own |
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means or through a contractor of the owner. The contract may |
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provide for reimbursement of the owner for costs or payment to the |
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contractor. |
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(c) An authority may acquire by eminent domain any interest |
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in real property, including a fee simple interest, except the right |
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of eminent domain may not be exercised: |
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(1) in a municipality without the approval of each |
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proposed acquisition by the governing body of the municipality or |
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in an unincorporated area without the approval of each proposed |
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acquisition by the commissioners court of the county in which the |
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property to be condemned is located; or |
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(2) in a manner that would: |
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(A) unduly impair the existing neighborhood |
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character of property surrounding, or adjacent to, the property to |
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be condemned; |
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(B) unduly interfere with interstate commerce; |
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or |
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(C) authorize the authority to run an authority |
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vehicle on a railroad track that is used to transport property. |
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(d) If an authority, through the exercise of a power under |
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this chapter, makes necessary the relocation or rerouting of, or |
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alteration of the construction of, a road, alley, overpass, |
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underpass, railroad track, bridge, or associated property, an |
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electric, telegraph, telephone, or television cable line, conduit, |
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or associated property, or a water, sewer, gas, or other pipeline, |
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or associated property, the relocation or rerouting or alteration |
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of the construction must be accomplished at the sole cost and |
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expense of the authority, and damages that are incurred by an owner |
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of the property must be paid by the authority. |
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(e) Unless the power of eminent domain is exercised, an |
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authority may not begin an activity authorized under Subsection (a) |
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to alter or damage property of others, including this state or a |
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political subdivision of this state, without having first received |
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the written permission of the owner. |
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Sec. 463.059. EMINENT DOMAIN PROCEEDINGS. (a) An eminent |
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domain proceeding by an authority is initiated by the adoption by |
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the executive committee of a resolution that: |
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(1) describes the property interest to be acquired by |
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the authority; |
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(2) declares the public necessity for and interest in |
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the acquisition; and |
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(3) states that the acquisition is necessary and |
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proper for the construction, extension, improvement, or |
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development of the public transportation system. |
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(b) A resolution adopted under this section and approved by |
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resolution of the appropriate municipal governing body or |
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commissioners court is conclusive evidence of the public necessity |
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for the acquisition described in the resolution and that the |
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property interest is necessary for public use. |
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(c) Except as otherwise provided by this chapter, Chapter |
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21, Property Code, applies to an eminent domain proceeding by an |
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authority. |
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Sec. 463.060. AGREEMENT WITH UTILITIES; CARRIERS. An |
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authority may agree with any other public or private utility, |
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communication system, common carrier, or transportation system |
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for: |
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(1) the joint use in the authority of the property of |
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the agreeing entities; or |
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(2) the establishment of through routes, joint fares, |
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or transfers of passengers. |
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Sec. 463.061. FARES AND OTHER CHARGES. (a) An authority |
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shall impose reasonable and nondiscriminatory fares, tolls, |
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charges, rents, and other compensation for the use of the public |
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transportation system sufficient to produce revenue, together with |
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tax revenue and grants received by the authority, in an amount |
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adequate to: |
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(1) pay all expenses necessary to operate and maintain |
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the public transportation system; |
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(2) pay when due the principal of and interest on, and |
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sinking fund and reserve fund payments agreed to be made with |
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respect to, all bonds that are issued by the authority and payable |
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wholly or partly from the revenue; and |
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(3) fulfill the terms of any other agreement with the |
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holders of bonds described by Subdivision (2) or with a person |
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acting on behalf of the bondholders. |
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(b) It is intended by this chapter that the compensation |
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imposed under Subsection (a) and taxes imposed by the authority not |
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exceed the amounts necessary to produce revenue sufficient to meet |
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the obligations of the authority under this chapter. |
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(c) Compensation for the use of the public transportation |
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system may be set according to a zone system or to another |
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classification that the authority determines to be reasonable. |
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(d) This section does not limit the state's power to |
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regulate taxes imposed by an authority or other compensation |
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authorized under this section. The state agrees with holders of |
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bonds issued under this chapter, however, not to alter the power |
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given to an authority under this section to impose taxes, fares, |
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tolls, charges, rents, and other compensation in amounts sufficient |
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to comply with Subsection (a), or to impair the rights and remedies |
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of an authority bondholder, or a person acting on behalf of a |
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bondholder, until the bonds, interest on the bonds, interest on |
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unpaid installments of interest, costs and expenses in connection |
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with an action or proceeding by or on behalf of a bondholder, and |
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other obligations of the authority in connection with the bonds are |
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discharged. |
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Sec. 463.062. ENFORCEMENT OF FARES AND OTHER CHARGES. (a) |
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An executive committee by resolution may prohibit the use of the |
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public transportation system by a person who fails to possess |
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evidence showing that the appropriate fare for the use of the system |
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has been paid and may establish reasonable and appropriate methods, |
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using transit police officers or fare enforcement officers under |
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Section 463.063, to ensure that persons using the public |
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transportation system pay the appropriate fare for that use. |
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(b) The authority shall post signs designating each area in |
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which a person is prohibited from using the transportation system |
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without possession of evidence showing that the appropriate fare |
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has been paid. |
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Sec. 463.063. FARE ENFORCEMENT OFFICERS. (a) The |
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authority may employ persons to serve as fare enforcement officers |
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to enforce the payment of fares for use of the public transportation |
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system by requesting and inspecting evidence showing payment of the |
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appropriate fare from a person using the public transportation |
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system. |
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(b) Before commencing duties as a fare enforcement officer a |
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person must complete a 40-hour training course approved by the |
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authority that is appropriate to the duties required of a fare |
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enforcement officer. |
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(c) While performing duties, a fare enforcement officer |
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shall: |
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(1) wear a distinctive uniform that identifies the |
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officer as a fare enforcement officer; and |
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(2) work under the direction of the chief of police of |
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the authority. |
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(d) A fare enforcement officer may: |
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(1) request evidence showing payment of the |
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appropriate fare from passengers of the public transportation |
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system; |
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(2) request personal identification from a passenger |
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who does not produce evidence showing payment of the appropriate |
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fare on request by the officer; and |
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(3) request that a passenger leave the public |
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transportation system if the passenger does not possess evidence of |
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payment of the appropriate fare. |
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(e) A fare enforcement officer may not carry a weapon while |
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performing duties under this section. |
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(f) A fare enforcement officer is not a peace officer and |
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has no authority to enforce a criminal law, other than the authority |
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possessed by any other person who is not a peace officer. |
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Sec. 463.064. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANE |
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USAGE. (a) An executive committee by resolution may regulate or |
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prohibit improper entrance into, exit from, and vehicle occupancy |
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in high occupancy vehicle lanes operated, managed, or maintained by |
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the authority. |
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(b) An executive committee by resolution may establish |
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reasonable and appropriate methods to enforce regulations or |
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prohibitions established under Subsection (a). |
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Sec. 463.065. INSURANCE. (a) An authority may insure, |
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through purchased insurance policies or self-insurance programs, |
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or both, the legal liability of the authority and of its contractors |
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and subcontractors arising from the acquisition, construction, or |
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operation of the programs and facilities of the authority for: |
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(1) personal or property damage; and |
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(2) officers' and employees' liability. |
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(b) An authority may use contracts, rating plans, and risk |
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management programs designed to encourage accident prevention. |
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(c) In developing an insurance or self-insurance program, |
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an authority may consider the peculiar hazards, indemnity |
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standards, and past and prospective loss and expense experience of |
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the authority and of its contractors and subcontractors. |
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Sec. 463.066. TAX EXEMPTION. The property, revenue, and |
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income of an authority are exempt from state and local taxes. |
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Sec. 463.067. LIGHT RAIL SYSTEM: REGULATORY EXEMPTION. |
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(a) An authority that constructs or operates or contracts with |
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another entity to construct or operate a light rail mass transit |
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system is not subject to any state law regulating or governing the |
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design, construction, or operation of a railroad, railway, street |
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railway, street car, or interurban railway. |
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(b) For purposes of ownership or transfer of ownership of an |
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interest in real property, a light rail mass transit system line |
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operating on property previously used by a railroad, railway, |
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street railway, or interurban railway is a continuation of existing |
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rail use. |
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Sec. 463.068. ELECTIONS. (a) In an election ordered by the |
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executive committee: |
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(1) the executive committee shall give notice of the |
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election by publication in a newspaper of general circulation in |
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the authority at least once each week for three consecutive weeks, |
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with the first publication occurring at least 21 days before the |
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date of election; and |
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(2) a resolution ordering the election and the |
|
election notice must show, in addition to the requirements of the |
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Election Code, the hours of the election and polling places in |
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election precincts. |
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(b) Subsection (a) does not apply to an election under |
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Section 463.359. |
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(c) A copy of the notice of each election held under this |
|
chapter shall be furnished to the Texas Transportation Commission |
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and the comptroller. |
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SUBCHAPTER C. MANAGEMENT OF AUTHORITY |
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Sec. 463.101. EXECUTIVE COMMITTEE: POWERS. The executive |
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committee may: |
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(1) employ and prescribe the compensation for a chief |
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executive officer whom the committee may designate as the general |
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manager or the executive director; |
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(2) appoint auditors and attorneys and prescribe their |
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duties, compensation, and tenure; |
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(3) adopt a seal for the authority; |
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(4) set the fiscal year for the authority; |
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(5) establish a complete system of accounts for the |
|
authority; |
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(6) designate by resolution an authorized |
|
representative of the authority to, according to terms prescribed |
|
by the executive committee: |
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(A) invest authority funds; and |
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(B) withdraw money from authority accounts for |
|
investments; and |
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(7) designate by resolution an authorized |
|
representative of the authority to supervise the substitution of |
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securities pledged to secure authority funds. |
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Sec. 463.102. INVESTMENTS. The executive committee may |
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invest authority funds in any investment authorized for an entity |
|
under Chapter 2256, Government Code. |
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Sec. 463.103. DEPOSITORY; DEPOSIT OF FUNDS. (a) The |
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executive committee shall designate one or more banks as |
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depositories for authority funds. |
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(b) All funds of an authority that are not otherwise |
|
invested shall be deposited in one or more of the authority's |
|
depository banks unless otherwise required by an order or |
|
resolution authorizing the issuance of an authority bond or note or |
|
other contractual undertaking. |
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(c) Funds in a depository, to the extent that those funds |
|
are not insured by the Federal Deposit Insurance Corporation, shall |
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be secured in the manner provided by law for the security of county |
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funds. |
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Sec. 463.104. CHIEF EXECUTIVE: DUTIES. (a) The general |
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manager or executive director shall administer the daily operation |
|
of an authority. |
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(b) In conformity with the policy of the executive |
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committee, the general manager or executive director may: |
|
(1) employ persons to conduct the affairs of the |
|
authority, including any operating or management company; and |
|
(2) remove any employee. |
|
(c) The general manager or executive director shall |
|
prescribe the duties, tenure, and compensation of each person |
|
employed. |
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Sec. 463.105. RULES. (a) The executive committee by |
|
resolution may adopt rules for the: |
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(1) safe and efficient operation and maintenance of |
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the public transportation system; |
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(2) use of the public transportation system and the |
|
authority's services by the public and the payment of fares, tolls, |
|
and other charges; and |
|
(3) regulation of privileges on property owned, |
|
leased, or otherwise controlled by the authority. |
|
(b) The authority shall encourage to the maximum extent |
|
feasible the participation of private enterprise. |
|
(c) A notice of each rule adopted by the executive committee |
|
shall be published in a newspaper with general circulation in the |
|
area in which the authority is located once each week for two |
|
consecutive weeks after adoption of the rule. The notice must |
|
contain a condensed statement of the substance of the rule and must |
|
advise that a copy of the complete text of the rule is filed in the |
|
principal office of the authority where the text may be read by any |
|
person. |
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(d) A rule becomes effective 10 days after the date of the |
|
second publication of the notice under this section. |
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Sec. 463.106. PURCHASES: COMPETITIVE BIDDING. (a) An |
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authority may not award a contract for construction, services, or |
|
property, other than real property, except through the solicitation |
|
of competitive sealed bids or proposals, including the reverse |
|
auction procedure, ensuring full and open competition. |
|
(b) The authority shall describe in a solicitation each |
|
factor to be used to evaluate a bid or proposal and give the |
|
factor's relative importance. |
|
Sec. 463.107. DURATION OF CONTRACTS. An authority may |
|
contract for payment with debt obligations and for performance and |
|
payments to extend longer than one fiscal year if the contract |
|
provides for the discharge of the authority's contractual |
|
obligations by any method, including: |
|
(1) committing current year funds, future tax |
|
revenues, or cancellation charges; and |
|
(2) making the contract subject to the future |
|
availability of funds. |
|
Sec. 463.108. SECURITY. The executive committee may |
|
establish a security force and provide for the employment of |
|
security personnel. |
|
Sec. 463.109. BUDGET RECOMMENDATIONS. The executive |
|
committee shall make a proposed annual budget available to the |
|
commissioners courts of the counties in the authority at least 30 |
|
days before the date of the adoption of the final annual budget. |
|
Sec. 463.110. FINANCIAL AUDITS. (a) The executive |
|
committee of an authority shall have an annual audit of the affairs |
|
of the authority prepared by an independent certified public |
|
accountant or a firm of independent certified public accountants. |
|
(b) The audit is open to public inspection. |
|
SUBCHAPTER D. STATION OR TERMINAL COMPLEX SYSTEMS |
|
Sec. 463.151. STATION OR TERMINAL COMPLEX: SYSTEM PLAN. |
|
(a) An authority may not acquire an interest in real property for a |
|
station or terminal complex unless the station or terminal complex |
|
is included in the public transportation system in a comprehensive |
|
service plan approved by a resolution of the executive committee. A |
|
mass transit facility of an authority is not a station or terminal |
|
complex under this subchapter unless the facility is included in |
|
the authority's comprehensive service plan under this section. |
|
(b) A station or terminal complex may not be included in a |
|
public transportation system unless the executive committee first |
|
finds that the station or complex: |
|
(1) will encourage and provide for efficient and |
|
economical public transportation; |
|
(2) will facilitate access to public transportation |
|
and provide for other public transportation purposes; |
|
(3) will reduce vehicular congestion and air |
|
pollution; and |
|
(4) is reasonably essential to the successful |
|
operation of the public transportation system. |
|
(c) On making a finding under Subsection (b), the executive |
|
committee may amend the authority's comprehensive service plan to |
|
include a station or terminal complex. |
|
Sec. 463.152. STATION OR TERMINAL COMPLEX: FACILITIES. A |
|
station or terminal complex of an authority: |
|
(1) must include adequate provisions for the transfer |
|
of passengers among the various means of transportation available |
|
to the complex; and |
|
(2) may include provisions for residential, |
|
institutional, recreational, commercial, and industrial |
|
facilities. |
|
Sec. 463.153. APPROVAL OF MUNICIPALITY. The location of a |
|
station or terminal complex in a municipality or in the |
|
extraterritorial jurisdiction of a municipality must be approved, |
|
as to conformity with the comprehensive or general plan of the |
|
municipality, by a motion, resolution, or ordinance adopted by the |
|
governing body of the municipality. |
|
Sec. 463.154. TRANSFER OF REAL PROPERTY IN STATION OR |
|
TERMINAL COMPLEX. (a) An authority may transfer to any person by |
|
any means, including sale or lease, an interest in real property in |
|
a station or terminal complex and may contract with respect to it, |
|
in accordance with the comprehensive service plan approved by the |
|
executive committee, and subject to terms: |
|
(1) the executive committee finds to be in the public |
|
interest or necessary to carry out this section; and |
|
(2) specified in the instrument transferring the title |
|
or right of use. |
|
(b) A transfer must be at the fair value of the interest |
|
transferred considering the use designated for the real property in |
|
the authority's comprehensive service plan. |
|
SUBCHAPTER E. BONDS |
|
Sec. 463.201. DEFINITION. In this subchapter, "bond" |
|
includes a note. |
|
Sec. 463.202. POWER TO ISSUE BONDS. (a) An authority may |
|
issue bonds at any time and for any amounts it considers necessary |
|
or appropriate for: |
|
(1) the acquisition, construction, repair, equipping, |
|
improvement, or extension of its public transportation system; or |
|
(2) creating or funding self-insurance or retirement |
|
or pension fund reserves. |
|
(b) A bond any portion of which is secured by a pledge of |
|
sales and use tax revenues and that has a maturity longer than five |
|
years from the date of issuance may not be issued by an authority |
|
until an election has been held and the proposition proposing the |
|
issue has been approved by a majority of the votes received on the |
|
issue in accordance with Section 463.212. |
|
(c) Subsection (b) does not apply to: |
|
(1) refunding bonds; or |
|
(2) bonds described by Subsection (a)(2). |
|
Sec. 463.203. BOND TERMS. An authority's bonds are fully |
|
negotiable. An authority may make the bonds redeemable before |
|
maturity at the price and subject to the terms and conditions that |
|
are provided in the authority's resolution authorizing the bonds. |
|
Sec. 463.204. SALE. An authority's bonds may be sold at a |
|
public or private sale as determined by the executive committee to |
|
be the more advantageous. |
|
Sec. 463.205. APPROVAL; REGISTRATION. (a) An authority's |
|
bonds and the records relating to their issuance shall be submitted |
|
to the attorney general for examination before the bonds may be |
|
delivered. |
|
(b) If the attorney general finds that the bonds have been |
|
issued in conformity with the constitution and this chapter and |
|
that the bonds will be a binding obligation of the issuing |
|
authority, the attorney general shall approve the bonds. |
|
(c) After the bonds are approved by the attorney general, |
|
the comptroller shall register the bonds. |
|
Sec. 463.206. INCONTESTABILITY. Bonds are incontestable |
|
after they are: |
|
(1) approved by the attorney general; |
|
(2) registered by the comptroller; and |
|
(3) sold and delivered to the purchaser. |
|
Sec. 463.207. SECURITY PLEDGED. (a) To secure the payment |
|
of an authority's bonds, the authority may: |
|
(1) pledge all or part of revenue realized from any tax |
|
that the authority may impose; |
|
(2) pledge any part of the revenue of the public |
|
transportation system; |
|
(3) mortgage any part of the public transportation |
|
system, including any part of the system subsequently acquired; |
|
(4) pledge all or part of funds the federal government |
|
has committed to the authority as grants in aid; and |
|
(5) provide that a pledge of revenue described by |
|
Subdivision (1) or (2) is a first lien or charge against that |
|
revenue. |
|
(b) Under Subsection (a)(3) an authority may, subject to the |
|
terms of the bond indenture or the resolution authorizing the |
|
issuance of the bonds, encumber a separate item of the public |
|
transportation system and acquire, use, hold, or contract for the |
|
property by lease, chattel mortgage, or other conditional sale |
|
including an equipment trust transaction. |
|
(c) An authority may not issue bonds secured by ad valorem |
|
tax revenue. |
|
(d) An authority is not prohibited by this subchapter from |
|
encumbering one or more public transportation systems to purchase, |
|
construct, extend, or repair one or more other public |
|
transportation systems of the authority. |
|
(e) The authority may pledge funds described by Subsection |
|
(a)(4): |
|
(1) as the sole security for the bonds; or |
|
(2) in addition to any other security described by |
|
this section. |
|
Sec. 463.208. USE OF REVENUE. Revenue in excess of amounts |
|
pledged under Section 463.207(a)(1) or (2) shall be used to: |
|
(1) pay the expenses of operation and maintenance of a |
|
public transportation system, including salaries, labor, |
|
materials, and repairs necessary to provide efficient service and |
|
every other proper item of expense; and |
|
(2) fund operating reserves. |
|
Sec. 463.209. REFUNDING BONDS. An authority may issue |
|
refunding bonds for the purposes and in the manner authorized by |
|
general law, including Chapter 1207, Government Code. |
|
Sec. 463.210. BONDS AS AUTHORIZED INVESTMENTS. (a) An |
|
authority's bonds are authorized investments for: |
|
(1) a bank; |
|
(2) a savings bank; |
|
(3) a trust company; |
|
(4) a savings and loan association; and |
|
(5) an insurance company. |
|
(b) The bonds, when accompanied by all appurtenant, |
|
unmatured coupons and to the extent of the lesser of their face |
|
value or market value, are eligible to secure the deposit of public |
|
funds of this state, a political subdivision of this state, and any |
|
other political corporation of this state. |
|
Sec. 463.211. EXCHANGE OF BONDS FOR EXISTING SYSTEM. An |
|
authority's revenue bonds may be exchanged, instead of cash, for |
|
the property of all or part of an existing public transportation |
|
system to be acquired by the authority. If the property is owned by |
|
a corporation that will dissolve simultaneously with the exchange, |
|
the authority may acquire the stock of the corporation. |
|
Sec. 463.212. ELECTION TO PLEDGE TAXES. (a) The executive |
|
committee may order an election to authorize the pledge of sales and |
|
use tax revenue to the payment of a specified amount of long-term |
|
bonds for the authority's public transportation system. |
|
(b) Sales and use tax revenue at a rate higher than the |
|
previously approved rate may not be pledged. |
|
(c) The notice of election shall be published, the |
|
proposition and ballot prepared, and the election held in |
|
accordance with and at the times permitted by the law applicable to |
|
a municipal bond election. The authority may publish, or |
|
distribute in another manner, additional copies of the election |
|
order to inform the voters fully of its content. |
|
(d) If the proposition is approved, the authority may issue |
|
bonds in an amount not exceeding the amount approved. |
|
Sec. 463.213. TAX EXEMPTION. The interest on bonds issued |
|
by an authority is exempt from state and local taxes. |
|
SUBCHAPTER F. TAXATION |
|
Sec. 463.251. SALES AND USE TAX. (a) The executive |
|
committee may impose for an authority a sales and use tax at the |
|
rate of: |
|
(1) one-quarter of one percent; |
|
(2) one-half of one percent; |
|
(3) three-quarters of one percent; or |
|
(4) one percent. |
|
(b) The imposition of an authority's sales and use tax must |
|
be approved at an election under this chapter. |
|
(c) Chapter 322, Tax Code, applies to an authority's sales |
|
and use tax. |
|
(d |
|
) Revenue from the tax authorized by this section must be |
|
spent as follows: |
|
(1) 50 percent on a light rail mass transit system; |
|
(2) 30 percent on bus transit; and |
|
(3) 20 percent on the construction and maintenance of |
|
roads in the area of the authority. |
|
Sec. 463.252. RATE INCREASE: SALES AND USE TAX. The |
|
executive committee may not increase the tax rate to a rate higher |
|
than the rate approved by the voters at the confirmation election |
|
without first receiving a majority vote in favor of the increase at |
|
an authority-wide election. |
|
Sec. 463.253. INITIAL SALES TAX: EFFECTIVE DATE. The |
|
adoption of or the increase or decrease in the rate of an |
|
authority's sales and use tax takes effect on the first day of the |
|
second calendar quarter beginning after the date that the |
|
comptroller receives a copy of the order required to be sent under |
|
Section 463.361. |
|
Sec. 463.254. RATE DECREASE: SALES AND USE TAX. (a) The |
|
executive committee by order may direct the comptroller to collect |
|
the authority's sales and use tax at a rate that is lower than the |
|
rate approved by the voters at the confirmation election. |
|
(b) The executive committee must file a certified copy of |
|
the order with the comptroller. |
|
Sec. 463.255. PROPERTY TAXES. An authority may not impose |
|
an ad valorem property tax. |
|
SUBCHAPTER G. EXECUTIVE COMMITTEE |
|
Sec. 463.301. COMPOSITION. (a) The executive committee of |
|
an authority is the board of directors of the regional planning |
|
commission established for the area of the authority under Chapter |
|
391, Local Government Code. |
|
(b) Service on the executive committee by a public officer |
|
or employee is an additional duty of the office or employment. |
|
Sec. 463.302. OFFICERS. (a) The members of the executive |
|
committee shall elect from among its membership a presiding |
|
officer, assistant presiding officer, and secretary. |
|
(b) The executive committee may appoint, as necessary, |
|
members or nonmembers as assistant secretaries. |
|
(c) The secretary or assistant secretary shall: |
|
(1) keep permanent records of each proceeding and |
|
transaction of the authority; and |
|
(2) perform other duties assigned by the executive |
|
committee. |
|
Sec. 463.303. CONFLICTS OF INTEREST. Members of the |
|
executive committee and officers of the authority are subject to |
|
Chapter 171, Local Government Code. |
|
Sec. 463.304. MEETINGS. (a) The executive committee shall |
|
hold at least one regular meeting each month to transact the |
|
business of an authority. |
|
(b) On written notice, the presiding officer may call |
|
special meetings as necessary. |
|
(c) The executive committee by resolution shall: |
|
(1) set the time, place, and day of the regular |
|
meetings; and |
|
(2) adopt rules and bylaws as necessary to conduct |
|
meetings. |
|
Sec. 463.305. VOTING REQUIREMENTS. An action of the |
|
executive committee requires a vote of a majority of the members |
|
present unless the bylaws require a larger number for a particular |
|
action. |
|
SUBCHAPTER H. CREATION OF AUTHORITIES |
|
Sec. 463.351. CREATION OF AUTHORITY AUTHORIZED. The |
|
commissioners courts of the counties to which this chapter applies |
|
may agree to initiate the process to create a regional transit |
|
authority to provide public transportation services within the |
|
boundaries of the counties. |
|
Sec. 463.352. INITIATING ORDER OR RESOLUTION: CONTENTS. |
|
To initiate the process of creating an authority, each |
|
commissioners court must adopt a resolution or order containing the |
|
designation of each time and place for holding public hearings on |
|
the proposal to create the authority. |
|
Sec. 463.353. NOTICE OF HEARING. (a) Notice of the time |
|
and place of the public hearings on the creation of the authority |
|
shall be published, beginning at least 30 days before the date of |
|
the hearing, once a week for two consecutive weeks in a newspaper of |
|
general circulation in each county. |
|
(b) The commissioners courts shall give a copy of the notice |
|
to the Texas Transportation Commission and the comptroller. |
|
Sec. 463.354. CONDUCT OF HEARING. (a) Each commissioners |
|
court creating an authority shall conduct public hearings on the |
|
creation. |
|
(b) Any person may appear at a hearing and offer evidence |
|
on: |
|
(1) the creation of the authority; |
|
(2) the operation of a public transportation system; |
|
(3) the public utility and public interest served in |
|
the creation of an authority; or |
|
(4) other facts bearing on the creation of an |
|
authority. |
|
(c) A hearing may be continued until completed. |
|
Sec. 463.355. RESOLUTION OR ORDER. (a) After hearing the |
|
evidence presented at the hearings, but not earlier than 75 days |
|
after the date the process is initiated by the commissioners |
|
courts, each commissioners court may adopt a resolution or order: |
|
(1) designating the name of the authority; and |
|
(2) authorizing the appointment of the interim |
|
executive committee. |
|
(b) After the hearing, the results of the hearing shall be |
|
sent to the Texas Department of Transportation and the comptroller. |
|
Sec. 463.356. INTERIM EXECUTIVE COMMITTEE. (a) The |
|
interim executive committee is composed as provided by Section |
|
463.301 for an executive committee except that the interim |
|
executive committee must include an additional member who is a |
|
member of the board of directors of a commuter rail district |
|
described by Chapter 174. |
|
(b) The interim executive committee, after its |
|
organization, shall develop a service plan and determine a proposed |
|
tax rate. |
|
(c) Service on the interim executive committee by a public |
|
officer or employee is an additional duty of the office or |
|
employment. |
|
Sec. 463.357. APPROVAL OF SERVICE PLAN AND TAX RATE. Not |
|
later than the 45th day after the date the interim executive |
|
committee approves the service plan and tax rate, the commissioners |
|
court of each county creating an authority must approve, by |
|
resolution or order, the service plan and tax rate. |
|
Sec. 463.358. NOTICE OF INTENT TO ORDER ELECTION. Not |
|
earlier than the 61st day after the date the interim executive |
|
committee approves a service plan and tax rate, the interim |
|
executive committee shall notify the commissioners court of each |
|
county included in the boundaries of the authority of the interim |
|
executive committee's intention to call a confirmation election. |
|
Sec. 463.359. CONFIRMATION ELECTION. (a) The interim |
|
executive committee in ordering the confirmation election shall |
|
submit to the qualified voters of each county participating in the |
|
election in the authority the following proposition: "Shall the |
|
creation of (name of authority) be confirmed and shall the levy of |
|
the proposed tax, not to exceed (rate), be authorized?" |
|
(b) In addition to other information required by law, the |
|
notice of the election must include a description of the nature and |
|
rate of the proposed tax. |
|
Sec. 463.360. CONDUCT OF ELECTION. The executive committee |
|
shall canvass the returns and declare the results of the election |
|
separately with respect to each county. |
|
Sec. 463.361. RESULTS OF ELECTION; ORDER. (a) The |
|
authority is confirmed if a majority of the votes received in each |
|
county favor the proposition. |
|
(b) If the authority continues, the interim executive |
|
committee shall record the results in its minutes and adopt an |
|
order: |
|
(1) declaring that the creation of the authority is |
|
confirmed; |
|
(2) stating the date of the election; |
|
(3) containing the proposition; and |
|
(4) showing the number of votes cast for or against the |
|
proposition in each county. |
|
(c) A certified copy of the order shall be filed with: |
|
(1) the Texas Department of Transportation; and |
|
(2) the comptroller. |
|
(d) If the authority does not continue, the interim |
|
executive committee shall enter an order declaring that the result |
|
of votes cast at the election is that the authority ceases in its |
|
entirety. The order shall be filed with the Texas Department of |
|
Transportation and the comptroller, and the authority is dissolved. |
|
Sec. 463.362. EFFECT OF CREATION. On the creation of an |
|
authority the boundaries of which overlap the territory of a |
|
commuter rail district described by Chapter 174, the commuter rail |
|
district is dissolved, and all assets, including property, and all |
|
liabilities, including debt and other obligations, of the commuter |
|
rail district transfer to and are assumed by the authority. |
|
Sec. 463.363. COST OF ELECTION. The commissioners courts |
|
creating an authority shall pay the cost of the confirmation |
|
election. |
|
Sec. 463.364. EXPIRATION OF UNCONFIRMED AUTHORITY. An |
|
authority that has not been confirmed expires on the third |
|
anniversary of the effective date of orders initiating the process |
|
to create the authority. |
|
SECTION 2. Section 174.051, Transportation Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) Notwithstanding Subsections (a) and (b), a district may |
|
not be created in the boundaries of a regional transit authority |
|
under Chapter 463. |
|
SECTION 3. Section 322.001(a), Tax Code, is amended to read |
|
as follows: |
|
(a) This chapter applies to the imposition, assessment, |
|
collection, administration, and enforcement of a sales and use tax |
|
imposed under Chapter 451, 452, 453, [or] 460, or 463, |
|
Transportation Code. |
|
SECTION 4. Section 322.002(1), Tax Code, is amended to read |
|
as follows: |
|
(1) "Taxing entity" means a rapid transit authority, a |
|
regional transit authority, including a subregional transportation |
|
authority, or a municipal mass transit department created under |
|
Chapter 451, 452, [or] 453, or 463, Transportation Code, or a |
|
coordinated county transportation authority created under Chapter |
|
460, Transportation Code, that has adopted a sales and use tax under |
|
the law authorizing the creation of the entity. |
|
SECTION 5. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2013. |