Title TN, Transportation Code

Sec. 463.052. NATURE OF AUTHORITY. (a) An authority: (1) is a public political entity and corporate body; (2) has perpetual succession; and (3) exercises public and essential governmental functions. (b) The exercise of a power granted by this chapter, including a power relating t…

Sec. 463.053. RESPONSIBILITY FOR CONTROL OF AUTHORITY. Except as provided by Section 463.104, the executive committee is responsible for the management, operation, and control of an authority and its property. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. M…

Sec. 463.054. GENERAL POWERS OF AUTHORITY. (a) An authority has any power necessary or convenient to carry out this chapter or to effect a purpose of this chapter. (b) An authority may sue and be sued. An authority may not be required to give security for costs in a suit brought …

Sec. 463.055. CONTRACTS; GRANTS AND LOANS. (a) An authority may contract with any person. (b) An authority may accept a grant or loan from any person. (c) An authority may enter one or more agreements with any municipality included in the territory of the authority for the distri…

Sec. 463.056. OPERATION OF PUBLIC TRANSPORTATION SYSTEM. (a) An authority may: (1) acquire, construct, develop, plan, own, operate, and maintain a public transportation system in the territory of the authority, including in the territory of a political subdivision; (2) contract w…

Sec. 463.057. ACQUISITION OF PROPERTY BY AGREEMENT. An authority may acquire rolling stock or other property under a contract or trust agreement, including a conditional sales contract, lease, and equipment trust certificate. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71)…

Sec. 463.058. USE AND ACQUISITION OF PROPERTY OF OTHERS. (a) For a purpose described by Section 463.056(a)(1) and as necessary or useful in the construction, repair, maintenance, or operation of the public transportation system, an authority may: (1) use a public way, including a…

Sec. 463.059. EMINENT DOMAIN PROCEEDINGS. (a) An eminent domain proceeding by an authority is initiated by the adoption by the executive committee of a resolution, after notice and a hearing, that: (1) describes the property interest to be acquired by the authority; (2) declares …

Sec. 463.060. AGREEMENT WITH UTILITIES; CARRIERS. An authority may agree with any other public or private utility, communication system, common carrier, or transportation system for: (1) the joint use in the authority of the property of the agreeing entities; or (2) the establish…

Sec. 463.061. FARES AND OTHER CHARGES. (a) An authority shall impose reasonable and nondiscriminatory fares, tolls, charges, rents, and other compensation for the use of the public transportation system sufficient to produce revenue, together with grants received by the authority…

Sec. 463.062. ENFORCEMENT OF FARES AND OTHER CHARGES; PENALTIES. (a) The executive committee by resolution may prohibit the use of the public transportation system by a person without payment of the appropriate fare for the use of the system and may establish reasonable and appro…

Sec. 463.063. FARE ENFORCEMENT OFFICERS. (a) An authority may employ or contract for persons to serve as fare enforcement officers to enforce the payment of fares for use of the public transportation system by: (1) requesting and inspecting evidence showing payment of the appropr…

Sec. 463.064. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANE USAGE. (a) The executive committee by resolution may regulate or prohibit improper entrance into, exit from, and vehicle occupancy in high occupancy vehicle lanes operated, managed, or maintained by the authority. (b) The e…

Sec. 463.065. INSURANCE. (a) An authority may insure, through purchased insurance policies or self-insurance programs, or both, the legal liability of the authority and of its contractors and subcontractors arising from the acquisition, construction, or operation of the programs …

Sec. 463.066. TAX EXEMPTION. The property, revenue, and income of an authority are exempt from state and local taxes. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

Sec. 463.067. CONTINUATION OF EXISTING RAIL USE. For purposes of ownership or transfer of ownership of an interest in real property, a rail mass transit system line operating on property previously used by a railroad, railway, street railway, or interurban railway is a continuati…

Sec. 463.068. ELECTIONS. (a) In an election ordered by the executive committee: (1) the executive committee shall give notice of the election by publication in a newspaper of general circulation in the authority at least once each week for three consecutive weeks, with the first …

Sec. 463.069. ADDITIONAL FEE. (a) In addition to a toll or other charge imposed under Section 367.011 or other law, an entity that operates an international bridge may impose a fee for the use of the bridge as follows: (1) not more than $1 for passenger vehicles; (2) not more tha…

Sec. 463.101. POWERS AND AUTHORITY OF EXECUTIVE COMMITTEE. (a) The executive committee may: (1) employ and prescribe the compensation for a chief executive officer whom the committee may designate as the general manager or the executive director; (2) appoint auditors and attorney…

Sec. 463.102. INVESTMENTS. The executive committee shall invest authority funds in any investment authorized for an entity under Chapter 2256, Government Code. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

Sec. 463.103. DEPOSITORY; DEPOSIT OF FUNDS. (a) The executive committee shall designate one or more banks as depositories for authority funds. (b) An authority shall deposit all funds of the authority that are not otherwise invested in one or more of the authority's depository ba…

Sec. 463.104. CHIEF EXECUTIVE OFFICER: DUTIES. (a) The general manager or executive director, as designated under Section 463.101(a)(1), shall administer the daily operation of an authority. (b) In conformity with the policy of the executive committee, the general manager or exec…

Sec. 463.105. RULES. (a) The executive committee by resolution may adopt rules for the: (1) safe and efficient operation and maintenance of the public transportation system; (2) use of the public transportation system and the authority's services by the public and the payment of …

Sec. 463.1055. PROCUREMENT RULES. (a) The executive committee may adopt and enforce procurement procedures, guidelines, and rules: (1) defining the terms in and implementing Sections 463.106 and 463.107; or (2) covering: (A) the appointment of contracting officers; (B) the solici…

Sec. 463.106. PURCHASES: COMPETITIVE BIDDING. (a) Except as provided by Subsection (c) and as otherwise provided by this chapter, an authority may not award a contract for construction, services, or property, other than real property, except through the solicitation of competitiv…

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: …

Sec. 463.108. SECURITY. The executive committee may establish a security force and provide for the employment of security personnel. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

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 by the executive committee of the final annual budget. Added b…

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 final audit report is open …

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 …

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 residen…

Sec. 463.153. STATION OR TERMINAL COMPLEX: LOCATION. An authority shall determine the location of a station or terminal complex after notice and a hearing. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

Sec. 463.1535. 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, resolutio…

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 com…

Sec. 463.201. DEFINITION. In this subchapter, "bond" includes a note. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

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 …

Sec. 463.203. BOND TERMS. (a) An authority's bonds are fully negotiable. An authority may make the bonds redeemable before maturity at the price and subject to the terms that are provided in the authority's resolution authorizing the bonds. The authority's resolution authorizing …

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. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

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 …

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. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

Sec. 463.207. SECURITY PLEDGED. (a) To secure the payment of an authority's bonds, the authority may: (1) pledge any part of the revenue of the public transportation system; (2) mortgage any part of the public transportation system, including any part of the system subsequently a…

Sec. 463.208. USE OF REVENUE. Revenue in excess of amounts pledged under Section 463.207(a)(1) 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 s…

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. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

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, unmat…

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 di…

Sec. 463.212. TAX EXEMPTION. The interest on bonds issued by an authority is exempt from state and local taxes. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019. SUBCHAPTER F. EXECUTIVE COMMITTEE