Title TN, Transportation Code

Sec. 431.005. OPEN RECORDS. The board is subject to Chapter 552, Government Code. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.006. APPLICATION OF TEXAS NON-PROFIT CORPORATION ACT. The Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) applies to a corporation to the extent that the provisions of that Act are not inconsistent with this chapter. Acts 1995,…

Sec. 431.021. PURPOSE OF CORPORATION. The purpose of a corporation is limited to the promotion and development of public transportation facilities and systems. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.022. APPLICATION. (a) Three or more individuals may file with the commission an application for the creation of a corporation within a designated area. (b) Each of the individuals must be a qualified voter. (c) The application must be in writing. (d) The application must…

Sec. 431.023. ADOPTION OF RESOLUTION. (a) A corporation may be created only if the commission adopts a resolution authorizing the creation of a corporation to act on behalf of the commission. (b) A resolution must state that the commission: (1) determines that creation of the cor…

Sec. 431.024. FORM OF CORPORATION. (a) A corporation is a nonmember, nonstock corporation. (b) A corporation is nonprofit, and its earnings may not benefit a private interest. (c) A corporation may be created as a perpetual corporation. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff.…

Sec. 431.025. ARTICLES OF INCORPORATION. The articles of incorporation must state: (1) the name of the corporation; (2) that the corporation is a nonprofit corporation; (3) the duration of the corporation; (4) the specific purpose for which the corporation is organized on behalf …

Sec. 431.026. DELIVERY AND FILING OF CERTIFICATE OF INCORPORATION. (a) After the commission adopts a resolution under Section 431.023, three originals of the articles of incorporation shall be delivered to the secretary of state. (b) The secretary of state shall determine whether…

Sec. 431.027. EFFECT OF ISSUANCE OF CERTIFICATE OF INCORPORATION. (a) A corporation's existence begins when its certificate of incorporation is issued. (b) After the issuance of the certificate of incorporation, the incorporation may not be contested for any reason. (c) A certifi…

Sec. 431.028. BOARD. (a) A corporation must have a board in which the powers of the corporation reside. (b) The board consists of three or more directors. (c) The commission shall appoint each director for a term that may not exceed six years. (d) The commission may remove a dire…

Sec. 431.029. ADVISORY DIRECTORS. (a) The board may appoint any number of advisory directors. (b) An advisory director advises and assists the directors in promoting and developing new and expanded transportation facilities and systems. (c) An advisory director serves until the c…

Sec. 431.030. BYLAWS. (a) The board shall adopt the initial bylaws of a corporation. The commission, by resolution, must approve the initial bylaws. (b) A corporation may change its bylaws only with the approval of the commission. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept.…

Sec. 431.031. QUORUM. (a) A quorum of a board is the lesser of: (1) a majority of: (A) the membership of the board under the bylaws; or (B) if the bylaws do not provide the membership of the board, the membership of the board under the articles of incorporation; or (2) the number…

Sec. 431.032. INDEMNIFICATION. (a) A corporation may indemnify a director or officer of the corporation for necessary expenses and costs, including attorney's fees, incurred by the director or officer in connection with any claim asserted against the director or officer in a cour…

Sec. 431.033. EXEMPTION FROM TAXATION. A corporation affects all the people in its area by assuming to a material extent what otherwise might be an obligation or duty of the commission and is a purely public charity under Section 2, Article VIII, Texas Constitution. However, a co…

Sec. 431.034. INCOME OF TRANSPORTATION CORPORATION. The commission has the unrestricted right at any time to receive any income earned by a corporation other than a local government corporation. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. SUBCHAPTER C. CORPORATE PO…

Sec. 431.061. DEFINITIONS. In this subchapter: (1) "Construction" includes improvement and landscaping. (2) "Highway" includes an improvement to a highway. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.062. GENERAL POWERS. (a) A corporation has the powers and privileges of a nonprofit corporation incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes). (b) A corporation has the powers provided by this subchapte…

Sec. 431.063. PROMOTION AND DEVELOPMENT OF TRANSPORTATION FACILITIES AND SYSTEMS. A corporation may work directly with property owners, local and state governmental agencies, and elected officials to support an activity required to promote and develop a transportation facility or…

Sec. 431.064. ALIGNMENT STUDIES. A corporation may perform a preliminary or final alignment study. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.065. CONTRIBUTIONS; EXPENSES. (a) A corporation may receive: (1) a contribution of real property for a right-of-way; and (2) a cash donation for: (A) the purchase of a right-of-way; or (B) the design or construction of a transportation facility or system. (b) A corporati…

Sec. 431.066. EMPLOYEES AND CONSULTANTS. (a) A corporation may employ an administrative staff. (b) A corporation may retain legal, public relations, and engineering services required to develop a transportation facility or system. (c) Through its staff and retained consultants, a…

Sec. 431.067. PROMOTIONAL ACTIVITIES. (a) A corporation may make official presentations to the state and other affected agencies or groups concerning the development of a transportation project. (b) A corporation may issue a press release or other material to promote the activiti…

Sec. 431.068. CONSTRUCTION OR IMPROVEMENT CONTRACTS. (a) A corporation may contract with the commission to: (1) construct or improve a transportation project designated by the commission; and (2) sell the project or improvement to the commission. (b) For a transportation project …

Sec. 431.069. LOCATION OF TRANSPORTATION PROJECTS. A corporation may construct or improve a transportation project on real property, including a right-of-way acquired by the corporation, provided to the corporation for that purpose by the commission or a political subdivision of …

Sec. 431.070. BONDS AND NOTES. (a) A corporation may issue bonds and notes to carry out its purpose. (b) The bonds and notes may be issued under any power or authority available to the corporation, including Chapter 1201, Government Code. (c) A bond or note must state on its face…

Sec. 431.071. APPROVAL OF BONDS AND NOTES BY ATTORNEY GENERAL. (a) A corporation shall submit a bond or note authorized under Section 431.070 and a contract supporting its issuance to the attorney general for examination. (b) If the attorney general finds that the bond or note, a…

Sec. 431.072. LIMITATION TO FEDERAL OR STATE HIGHWAY SYSTEM. A corporation may plan, design, acquire, construct, improve, extend, or maintain a transportation project only if the project: (1) is intended by the commission to become part of the federal or state highway system; and…

Sec. 431.073. PROJECT IN COUNTY OF 500,000 OR MORE OR ADJACENT COUNTY. (a) This section applies only to a corporation that was created by the state or one or more counties or municipalities to implement a transportation project in: (1) a county with a population of 500,000 or mor…

Sec. 431.101. CREATION OF LOCAL GOVERNMENT CORPORATION. (a) A local government corporation may be created to aid and act on behalf of one or more local governments to accomplish any governmental purpose of those local governments. To be effective, the articles of incorporation an…

Sec. 431.1015. CORPORATIONS OF CERTAIN COUNTIES FOR TOLL PROJECTS. (a) Notwithstanding Chapter 284 or any other law, a county with a population of more than four million may not create a local government corporation under this chapter to develop, construct, operate, manage, or fi…

Sec. 431.102. APPLICATION OF CHAPTER 394, LOCAL GOVERNMENT CODE. (a) In the manner in which Chapter 394, Local Government Code, applies to a corporation created under that chapter, that chapter applies to: (1) the manner in which a local government corporation is created and diss…

Sec. 431.103. CONTRACTS WITH POLITICAL SUBDIVISIONS. A local government corporation may contract with a political subdivision of this state in the manner and to the same extent as any other corporation. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.104. ASSUMPTION OF POWERS AND DUTIES. (a) The governing body of a local government may assume for the local government the powers and duties of a local government corporation created by the local government. (b) A local government that assumes the powers and duties of a …

Sec. 431.105. CONTRACTUAL AUTHORITY. (a) A state agency, including the commission, or a political subdivision may contract with a local government corporation to accomplish a governmental purpose of the sponsoring local government in the same manner and to the same extent that it…

Sec. 431.106. PUBLIC SAFETY RULES. A local government that creates a local government corporation may establish and enforce traffic and other public safety rules on a toll road, toll bridge, or turnpike of the corporation. Local governments that jointly create a local government …

Sec. 431.107. INCOME OF LOCAL GOVERNMENT CORPORATION. (a) A local government creating a local government corporation is entitled at any time to receive any income earned by the local government corporation that is not needed to pay the corporation's expenses or obligations. (b) T…

Sec. 431.108. GOVERNMENTAL FUNCTIONS. (a) A local government corporation is a governmental unit as that term is used in Chapter 101, Civil Practice and Remedies Code. (b) The operations of a local government corporation are governmental, not proprietary, functions. Acts 1995, 74t…

Sec. 431.109. CONTRACTS FOR HISTORICALLY UNDERUTILIZED BUSINESSES. (a) This section applies only to a local government corporation serving a county with a population of more than 3.3 million. (b) A local government corporation shall set and make a good faith effort to meet or exc…

Sec. 431.110. COMPETITIVE BIDDING EXCEPTION FOR CERTAIN IMPROVEMENTS. Any competitive bidding requirement or restriction on a local government that created a local government corporation does not apply to an expenditure by the local government corporation for: (1) an improvement:…

Sec. 431.141. AMENDMENT. The articles of incorporation of a corporation created under this chapter may be amended only as provided by this subchapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 431.142. AMENDMENT BY BOARD OF DIRECTORS. (a) The board at any time may file with the commission a written application requesting that the commission approve an amendment to the articles of incorporation. (b) The application must specify the proposed amendment. (c) The board…

Sec. 431.143. AMENDMENT BY COMMISSION. The commission, at its sole discretion, may amend the articles of incorporation at any time by: (1) adopting the amendment by resolution; and (2) delivering the articles of amendment to the secretary of state. Acts 1995, 74th Leg., ch. 165, …

Sec. 431.144. CONTENTS OF ARTICLES OF AMENDMENT. The articles of amendment must: (1) state the name of the corporation; (2) if the amendment alters a provision of the articles of incorporation, identify by reference or describe the altered provision and include its text as it is …

Sec. 431.145. EXECUTION AND VERIFICATION OF ARTICLES OF AMENDMENT. (a) Articles of amendment adopted by the board shall be executed by: (1) the president or vice-president of the corporation; and (2) the secretary or assistant secretary of the corporation. (b) Articles of amendme…

Sec. 431.146. DELIVERY AND FILING OF ARTICLES OF AMENDMENT. (a) Three originals of the articles of amendment shall be delivered to the secretary of state. (b) The secretary of state shall determine whether the articles of amendment conform to this chapter. On determination that t…