Title TN, Transportation Code

Sec. 460.101. POWERS APPLICABLE TO CONFIRMED AUTHORITY. This subchapter applies only to an authority that has been confirmed. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.

Sec. 460.102. NATURE OF AUTHORITY. (a) An authority: (1) is a governmental body and a corporate body; (2) has perpetual succession; and (3) exercises public and essential governmental functions. (b) An authority is a governmental unit under Chapter 101, Civil Practice and Remedie…

Sec. 460.103. GENERAL POWERS OF AUTHORITY. (a) The authority has any power necessary or convenient to carry out this chapter or effect the purpose of this chapter. (b) An authority may sue and be sued. An authority may not be required to give security for costs in a suit brought …

Sec. 460.104. POWER TO CONTRACT; GRANTS AND LOANS. (a) An authority may contract with any person. (b) An authority may accept a gift, grant, donation, or loan from any person. (c) An authority may enter into an agreement, including an interlocal agreement, with a transportation o…

Sec. 460.1041. LIABILITY LIMITED FOR RAIL SERVICES UNDER CERTAIN AGREEMENTS. (a) This section applies only to public passenger rail services provided: (1) under an agreement between an authority created before January 1, 2005, and a railroad for the provision of public passenger …

Sec. 460.105. OPERATION OF PUBLIC TRANSPORTATION SYSTEM. (a) An authority may: (1) acquire, construct, develop, plan, own, operate, and maintain a public transportation system in the territory of the authority, including the territory of a political subdivision or municipality pa…

Sec. 460.106. AUTHORIZATION OF TAX LEVY. (a) An authority may call an authorization election for a tax levy associated with the service plan developed by the interim executive committee or a tax rate that has been modified by action of the authority at any time after the confirma…

Sec. 460.107. ACQUISITION OF PROPERTY. (a) As necessary or useful in the construction, repair, maintenance, or operation of a public transportation system, an authority may use a public way, including an alley. (b) An authority may acquire by eminent domain any interest in real p…

Sec. 460.108. AGREEMENT WITH UTILITIES, CARRIERS. (a) An authority may agree with any other public or private utility, communication system, common carrier, or transportation system for: (1) the joint use of the property or fixtures of the agreeing entities; and (2) the establish…

Sec. 460.109. FARES AND USE FEES. (a) An authority shall impose reasonable and nondiscriminatory fares, tolls, charges, rents, and other forms of compensation for the use of the public transportation system. The fares and other forms of compensation shall be sufficient to produce…

Sec. 460.1091. ENFORCEMENT OF FARES AND OTHER CHARGES; PENALTIES. (a) A board of directors by resolution may prohibit the use of the public transportation system by a person without payment of the appropriate fare for the use of the system and may establish reasonable and appropr…

Sec. 460.1092. FARE ENFORCEMENT OFFICERS. (a) An authority may employ or contract for persons to serve as fare enforcement officers to enforce the payment of fares for use of the public transportation system by: (1) requesting and inspecting evidence showing payment of the approp…

Sec. 460.110. INSURANCE. (a) An authority may insure, through purchased insurance policies, self-insurance programs, or both, the legal liability of the authority and of its contractors and subcontractors arising from the acquisition, construction, or operation of the programs an…

Sec. 460.111. TAX EXEMPTION. The property, revenue, and income of an authority are exempt from state and local taxes. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.

Sec. 460.112. MASS TRANSIT RAIL SYSTEM; EXEMPTION. (a) An authority that constructs or operates or contracts with another entity to construct or operate a mass transit rail system is not subject to any state law regulating or governing the design, construction, or operation of a …

Sec. 460.201. TERMS; VACANCY. (a) Each member of the board of directors serves a term of two years. (b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 326, Sec. 22, eff. September 1, 2007. (c) Except as provided by Sections 460.2015 and 460.257, a vacancy on the board of directors i…

Sec. 460.2015. MEMBERSHIP OF BOARD OF DIRECTORS. (a) The board of directors of an authority confirmed under Subchapter B may increase the population amount stated by Section 460.054(b)(1) in increments of up to 5,000. If the board increases that population amount, the board shall…

Sec. 460.202. ELIGIBILITY. To be eligible for appointment to the board of directors, a person must: (1) have professional experience in the field of transportation, business, government, engineering, or law; and (2) reside: (A) in the territory of the authority; or (B) outside th…

Sec. 460.203. CONFLICTS OF INTEREST. Members of the board of directors and officers and employees of the authority are subject to Chapter 171, Local Government Code. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 3…

Sec. 460.204. MEETINGS. (a) The board of directors shall meet at least monthly to transact the business of an authority. (b) The chair may call special meetings as necessary. (c) The board of directors by resolution shall: (1) set the time, place, and date of regular meetings; an…

Sec. 460.205. QUORUM; VOTING REQUIREMENTS. (a) Five members constitute a quorum of the board of directors. (b) An action of the board of directors requires a vote of a majority of the members present unless the bylaws require a larger number for a specific action. (c) This sectio…

Sec. 460.206. RULES. The board of directors may adopt rules relating to the creation of a vacancy on the board by the absence of a board member at the board meetings, staggering the terms of up to one-half of the board of directors, and providing for alternates. Added by Acts 200…

Sec. 460.251. DEFINITIONS. In this subchapter: (1) "Board" means the board of directors of an authority described by Section 460.252. (2) "Founding municipality" means a municipality in which an election was held before December 31, 2003, authorizing an authority's sales and use …

Sec. 460.252. APPLICABILITY. (a) This subchapter applies only to an authority confirmed under this chapter before December 31, 2003. (b) Section 460.054 does not apply to an authority described by Subsection (a). Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, ef…

Sec. 460.253. COMPOSITION. The board is composed of: (1) one member appointed by the governing body of each founding municipality; (2) two members appointed by the commissioners court who reside in: (A) an unincorporated area of the county; or (B) a municipality in the authority …

Sec. 460.254. APPOINTMENT OF BOARD MEMBER BY CERTAIN MUNICIPALITIES. (a) The board may authorize the governing body of a municipality to appoint one member to the board if: (1) the municipality: (A) designates a public transportation financing area for the benefit of the authorit…

Sec. 460.255. NONVOTING BOARD MEMBERS. (a) A nonvoting member shall be appointed to the board to represent a municipality in the authority that is not otherwise authorized to appoint a member to the board under this subchapter. (b) A nonvoting member appointed under this section …

Sec. 460.256. ELIGIBILITY OF ELECTED OFFICER TO SERVE ON BOARD; COMPENSATION AND REIMBURSEMENT. (a) An elected officer of a political subdivision of this state who is not prohibited by the Texas Constitution from serving on the board is eligible, as an additional duty of office, …

Sec. 460.257. VACANCY. A vacancy on the board of directors is filled in the same manner as the original appointment to the board under this subchapter. Added by Acts 2019, 86th Leg., R.S., Ch. 78 (S.B. 1066), Sec. 4, eff. May 20, 2019.

Sec. 460.258. VOTING REQUIREMENTS. Except as provided by Sections 460.254(a) and 460.602(b), an action of the board of directors requires a vote of a majority of the members present, other than members described by Section 460.253(4), unless the bylaws require a larger number for…

Sec. 460.301. ADDITION OF TERRITORY BY MUNICIPAL ANNEXATION. When a municipality that is part of an authority annexes territory that before the annexation is not part of the authority, the annexed territory becomes part of the authority. Added by Acts 2001, 77th Leg., ch. 1186, S…

Sec. 460.302. ADDITION OF MUNICIPALITY BY ELECTION. (a) The territory of a municipality that is not initially part of an authority may be added to an authority if: (1) any part of the municipality is located in the territory of the authority; (2) the governing body of the municip…

Sec. 460.303. JOINING AUTHORITY; CERTAIN AUTHORITIES. (a) A municipality that has a population of more than 500,000 and that is located in a county with a population of more than one million may join a separate authority. (b) If a municipality described by Subsection (a) joins an…

Sec. 460.304. TAX IMPOSED IN ADDED TERRITORY. (a) Except as provided by Section 460.302(e), a sales and use tax imposed by an authority takes effect in territory added to the authority under this subchapter on the first day of the first calendar quarter that begins after the addi…

Sec. 460.401. MANAGEMENT OF AUTHORITY. The board of directors is responsible for the management, operation, and control of the authority and its properties. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. …

Sec. 460.402. FINANCIAL AUDIT. (a) The authority shall have an annual audit of the affairs of the authority prepared by an independent certified public accountant. (b) The audit is a public record as defined by Chapter 552, Government Code. (c) On receipt of the audit prescribed …

Sec. 460.403. BUDGET. The board of directors shall prepare an annual budget. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 326 (H.B. 2682), Sec. 15, eff. September 1, 2007.

Sec. 460.404. FUNDING. (a) An authority may request funds for its operation from a municipality, the commissioners court, or both a municipality and the commissioners court. The request shall be accompanied by a budget. (b) Funds appropriated to an authority are subject to audit.…

Sec. 460.405. PROHIBITIONS. (a) Federal funds and appropriated state funds may not be spent by or on behalf of an authority to influence or affect the award or outcome of a state or federal contract, loan, or cooperative agreement. (b) This section does not apply to: (1) a contes…

Sec. 460.406. PURCHASES: COMPETITIVE BIDDING. (a) Except as provided by Subsection (c), an authority may not award a contract for construction, services, or property, other than real property, except through the solicitation of competitive sealed bids or proposals ensuring full a…

Sec. 460.501. DEFINITION. In this subchapter, "bond" includes a note. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001.

Sec. 460.502. POWER TO ISSUE BONDS. (a) An authority may issue bonds at any time and for amounts the executive committee determines are appropriate. (b) The bonds may be issued as necessary for: (1) the acquisition, construction, repair, improvement, or extension of an authority'…

Sec. 460.503. BOND TERMS. The bonds of an authority are fully negotiable. An authority may make the bonds redeemable before maturity. The terms and conditions of authority bonds are subject to rules adopted by the board of directors. Added by Acts 2001, 77th Leg., ch. 1186, Sec. …

Sec. 460.504. SALE. An authority's bonds may be sold at a public or private sale as determined by the board of directors to be the more financially beneficial. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 326 (H.…

Sec. 460.505. INCONTESTABILITY. An authority's bonds are incontestable after the bonds are: (1) approved by the attorney general; (2) registered by the comptroller of public accounts; and (3) sold to the purchaser. Added by Acts 2001, 77th Leg., ch. 1186, Sec. 1, eff. Sept. 1, 20…

Sec. 460.506. SECURITY PLEDGED. To secure the payment of an authority's bonds, the authority may: (1) pledge all or part of revenue realized from any tax that is approved and levied; (2) pledge any part of the revenue of the public transportation system; (3) mortgage any part of …