Title TN, Transportation Code

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

Sec. 463.251. 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 e…

Sec. 463.252. OFFICERS. (a) The officers elected by the board of directors of the regional planning commission described by Section 463.251(a) shall serve as the officers of the executive committee. (b) The executive committee may appoint, as necessary, members or nonmembers as a…

Sec. 463.253. CONFLICTS OF INTEREST. Members of the executive committee and officers of the authority are subject to Chapter 171, Local Government Code. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

Sec. 463.254. 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: (…

Sec. 463.255. VOTING REQUIREMENTS. A majority of the members of the executive committee constitutes a quorum, and when a quorum is present, action may be taken by a majority vote of the members present unless the bylaws require a larger number for a particular action. Added by Ac…

Sec. 463.301. CREATION OF AUTHORITY AUTHORIZED. The board of directors of the regional planning commission established for the area included in the boundaries of the counties to which this chapter applies may initiate the process to create a regional transit authority to provide …

Sec. 463.302. INITIATING ORDER OR RESOLUTION: CONTENTS. To initiate the process of creating an authority, the board of directors described by Section 463.301 must adopt a resolution or order containing the designation of each time and place for holding public hearings on the prop…

Sec. 463.303. 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 …

Sec. 463.304. CONDUCT OF HEARING. (a) The board of directors described by Section 463.301 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 p…

Sec. 463.305. 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 board of directors described by Section 463.301, the board may adopt a resolution or order: (1) designating the…

Sec. 463.306. INTERIM EXECUTIVE COMMITTEE. (a) The interim executive committee is composed as provided by Section 463.251 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 commut…

Sec. 463.307. APPROVAL OF SERVICE PLAN. Not later than the 45th day after the date the interim executive committee approves the service plan, the commissioners court of each county creating an authority must approve, by resolution or order, the service plan. Added by Acts 2019, 8…

Sec. 463.308. NOTICE OF INTENT TO CALL ELECTION. After approval is received under Section 463.307, but not earlier than the 61st day after the date the interim executive committee approves a service plan, the interim executive committee shall notify the commissioners court of eac…

Sec. 463.309. CONFIRMATION ELECTION. The interim executive committee in calling the confirmation election shall submit to the qualified voters of each county in the authority the following proposition: "Shall the creation of (name of authority) be confirmed?" Added by Acts 2019, …

Sec. 463.310. CONDUCT OF ELECTION. The interim executive committee shall canvass the returns and declare the results of the election separately with respect to each county. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

Sec. 463.311. 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) decla…

Sec. 463.312. EFFECT OF CREATION ON COMMUTER RAIL DISTRICT. 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 lia…

Sec. 463.313. COST OF ELECTION. The board of directors described by Section 463.301 creating an authority shall pay the cost of the confirmation election. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec. 1, eff. May 24, 2019.

Sec. 463.314. EXPIRATION OF UNCONFIRMED AUTHORITY. An authority that has not been confirmed expires on the third anniversary of the effective date of a resolution or order initiating the process to create the authority. Added by Acts 2019, 86th Leg., R.S., Ch. 151 (H.B. 71), Sec.…

Sec. 471.001. DUTY TO MAINTAIN CROSSINGS. (a) A railway company shall maintain the part of its roadbed and right-of-way that is crossed by a public street of a Type B general-law municipality in proper condition for use by travelers. (b) A railway company that does not make neede…

Sec. 471.002. SIGNS AT CROSSINGS. (a) A railway company shall place at each place where its railroad crosses a first or second class public road a sign with large and distinct letters giving notice that the railroad is near and warning persons to watch for railroad cars. The sign…

Sec. 471.004. WARNING SIGN VISIBILITY AT RAILROAD GRADE CROSSINGS. (a) The department shall develop guidelines and specifications for the installation and maintenance of reflecting material at each unsignaled crossing. The material shall be affixed to the back and support post of…

Sec. 471.005. DISMANTLING OF WARNING SIGNALS AT RAILROAD GRADE CROSSINGS; OFFENSE. (a) A person may not dismantle a warning signal at a grade crossing on an active rail line, as defined by rule of the Texas Department of Transportation, if the cost of the warning signal was origi…