CHAPTER 284. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND HIGHWAYS IN CERTAIN COUNTIES

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-284-causeways-bridges-tunnels-turnpikes-ferries-and-highways-in-certain-counties

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES

CHAPTER 284. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND

HIGHWAYS IN CERTAIN COUNTIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 284.001. DEFINITIONS. In this chapter:

(1) "Bond instrument" means a bond trust indenture and a bond

resolution.

(2) "Bond resolution" means an order or resolution of a

commissioners court authorizing the issuance of bonds.

(3) "Project" means:

(A) a causeway, bridge, tunnel, turnpike, highway, ferry, or any

combination of those facilities, including:

(i) a necessary overpass, underpass, interchange, entrance

plaza, toll house, service station, approach, fixture, and

accessory and necessary equipment that has been designated as

part of the project by order of a county;

(ii) necessary administration, storage, and other buildings that

have been designated as part of the project by order of a county;

and

(iii) all property rights, easements, and related interests

acquired; or

(B) a turnpike project or system, as those terms are defined by

Section 370.003.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.48, eff. June 14, 2005.

Acts 2005, 79th Leg., Ch.

877, Sec. 2, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch.

264, Sec. 8.01, eff. June 11, 2007.

Sec. 284.002. APPLICABILITY TO CERTAIN COUNTIES AND LOCAL

GOVERNMENT CORPORATIONS. (a) Except as provided by Subsection

(b), this chapter applies only to a county that:

(1) has a population of 50,000 or more and borders the Gulf of

Mexico or a bay or inlet opening into the gulf;

(2) has a population of 1.5 million or more;

(3) is adjacent to a county that has a population of 1.5 million

or more; or

(4) borders the United Mexican States.

(b) A local government corporation created under Chapter 431 in

a county to which this chapter applies has the same powers as a

county acting under this chapter, except as provided by Chapter

362.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 875, Sec. 1, eff. June 20,

2003.

Sec. 284.003. PROJECT AUTHORIZED; CONSTRUCTION, OPERATION, AND

COST. (a) A county, acting through the commissioners court of

the county, or a local government corporation, without state

approval, supervision, or regulation, may:

(1) construct, acquire, improve, operate, maintain, or pool a

project located:

(A) exclusively in the county;

(B) in the county and outside the county; or

(2) issue tax bonds, revenue bonds, or combination tax and

revenue bonds to pay the cost of the construction, acquisition,

or improvement of a project;

(3) impose tolls or charges as otherwise authorized by this

chapter;

(4) construct a bridge over a deepwater navigation channel, if

the bridge does not hinder maritime transportation;

(5) construct, acquire, or operate a ferry across a deepwater

navigation channel;

(6) in connection with a project, on adoption of an order

exercise the powers of a regional mobility authority operating

under Chapter 370; or

(7) enter into a comprehensive development agreement with a

private entity to design, develop, finance, construct, maintain,

repair, operate, extend, or expand a proposed or existing project

in the county to the extent and in the manner applicable to the

department under Chapter 223 or to a regional tollway authority

under Chapter 366.

(b) The county or a local government corporation may exercise a

power provided by Subsection (a)(6) only in a manner consistent

with the other powers provided by this chapter. To the extent of

a conflict between this chapter and Chapter 370, this chapter

prevails.

county and licensed or leased to a private entity or operated by

a private entity under this chapter to provide transportation

services to the general public is public property used for a

public purpose and exempt from taxation by this state or a

political subdivision of this state.

(d) If the county constructs, acquires, improves, operates,

maintains, or pools a project under this chapter, before December

31 of each even-numbered year the county shall submit to the

department a plan for the project that includes the time schedule

for the project and describes the use of project funds. The plan

may provide for and permit the use of project funds and other

money, including state or federal funds, available to the county

for roads, streets, highways, and other related facilities in the

county that are not part of a project under this chapter. A plan

is not subject to approval, supervision, or regulation by the

commission or the department, except that:

(1) any use of state or federal highway funds must be approved

by the commission;

(2) any work on a highway in the state highway system must be

approved by the department; and

(3) the department shall supervise and regulate work on a

highway in the state highway system.

(e) Except as provided by federal law, an action of a county

taken under this chapter is not subject to approval, supervision,

or regulation by a metropolitan planning organization.

(f) The county may enter into a protocol or other agreement with

the commission or the department to implement this section

through the cooperation of the parties to the agreement.

(g) An action of a county taken under this chapter must comply

with the requirements of applicable federal law. The foregoing

compliance requirement shall apply to the role of metropolitan

planning organizations under federal law, including the approval

of projects for conformity to the state implementation plan

relating to air quality, the use of toll revenue, and the use of

the right-of-way of and access to federal-aid highways.

Notwithstanding an action of a county taken under this chapter,

the commission or department may take any action that is

necessary in its reasonable judgment to comply with any federal

requirement to enable the state to receive federal-aid highway

funds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 875, Sec. 2, eff. June 20,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

877, Sec. 3, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch.

264, Sec. 8.02, eff. June 11, 2007.

Sec. 284.0031. OTHER ROAD, STREET, OR HIGHWAY PROJECTS. (a)

The commissioners court of a county or a local government

corporation, without state approval, supervision, or regulation

may:

(1) authorize the use or pledge of surplus revenue to pay or

finance the costs of a project for the study, design,

construction, maintenance, repair, or operation of roads,

streets, highways, or other related facilities that are not part

of a project under this chapter; and

(2) prescribe terms for the use of the surplus revenue,

including the manner in which revenue from a project becomes

surplus revenue and the manner in which the roads, streets,

highways, or other related facilities are to be studied,

designed, constructed, maintained, repaired, or operated.

(b) To implement this section, a county may enter into an

agreement with the commission, the department, a local

governmental entity, or another political subdivision of this

state.

violates or impairs a bond resolution, trust agreement, or

indenture that governs the use of the revenue of a project.

(d) Except as provided by this section, a county has the same

powers, including the powers to finance and to encumber surplus

revenue, and may use the same procedures with respect to the

study, financing, design, construction, maintenance, repair, or

operation of a road, street, highway, or other related facility

under this section as are available to the county with respect to

a project under this chapter.

(e) Notwithstanding other provisions of this section:

(1) any work on the state highway system must be approved by the

department; and

(2) the department shall supervise and regulate any work on a

highway in the state highway system.

Added by Acts 2007, 80th Leg., R.S., Ch.

264, Sec. 8.03, eff. June 11, 2007.

Sec. 284.0032. TRANS-TEXAS CORRIDOR PROJECTS. If a county is

requested by the commission to participate in the development of

a project under this chapter that has been designated as part of

the Trans-Texas Corridor, the county has, in addition to all

powers granted by this chapter, all powers of the department

related to the development of a project that has been designated

as part of the Trans-Texas Corridor.

Added by Acts 2007, 80th Leg., R.S., Ch.

264, Sec. 8.03, eff. June 11, 2007.

Sec. 284.004. USE OF COUNTY PROPERTY. (a) Notwithstanding any

other law, a county may use any county property for a project

under this chapter, regardless of when or how the property is

acquired.

(b) In addition to authority granted by other law, a county may

use state highway right-of-way and may access state highway

right-of-way in accordance with Sections 228.011 and 228.0111.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

264, Sec. 8.03, eff. June 11, 2007.

Sec. 284.005. CONVEYANCE TO COUNTY. The governing body of a

political subdivision or agency of this state may convey title or

right and easements to property needed by a county for a project

under this chapter without advertisement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.006. FEDERAL OR STATE AID. A county may:

(1) accept from the United States or this state assistance or a

loan, gift, grant, or contribution to acquire, construct,

improve, maintain, pool, or operate a project under this chapter;

and

(2) enter into agreements with the United States or this state

for the acquisition, construction, improvement, maintenance,

pooling, or operation of the project.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.007. CONTRACTS FOR HISTORICALLY UNDERUTILIZED

BUSINESSES. (a) A county with a population of more than 2.4

million operating under this chapter shall set and make a good

faith effort to meet or exceed goals for awarding contracts or

subcontracts associated with a project it operates, maintains, or

constructs to historically underutilized businesses.

(b) The goals must equal or exceed:

(1) the federal requirement on federal money used in highway

construction and maintenance; and

(2) the goals adopted by the department under Section 201.702.

subcontracts awarded, including contracts and subcontracts for

construction, maintenance, operations, supplies, services,

materials, equipment, professional services, the issuance of

bonds, and bond counsel.

(d) In this section, "historically underutilized business"

means:

(1) a corporation formed for the purpose of making a profit in

which at least 51 percent of all classes of the shares of stock

or other equitable securities is owned, managed, and in daily

operations controlled by one or more persons who have been

historically underutilized because of their identification as

members of certain groups, including African Americans, Hispanic

Americans, women, Asian Pacific Americans, and Native Americans,

who have suffered the effects of discriminatory practices or

similar invidious circumstances over which they have no control;

(2) a sole proprietorship formed for the purpose of making a

profit that is 100 percent owned and in daily operations is

controlled by a person described by Subdivision (1);

(3) a partnership formed for the purpose of making a profit in

which at least 51 percent of the assets and interest in the

partnership is owned by one or more persons described by

Subdivision (1) who also have proportionate interest in the

control, daily operations, and management of the partnership's

affairs;

(4) a joint venture in which each entity in the joint venture is

a historically underutilized business; or

(5) a supplier contract between a historically underutilized

business and a prime contractor under which the historically

underutilized business is directly involved in the manufacture or

distribution of the supplies or materials or otherwise warehouses

and ships the supplies or materials.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.008. POWERS OF COMMISSION. (a) The commission may:

(1) provide for and contribute toward the acquisition,

construction, improvement, operation, maintenance, or pooling of

a project under this chapter and under terms to which the

commission and the local government corporation or county agree

that are consistent with the rights of bondholders or a person

operating the project under a lease or other contract;

(2) lease a project under terms:

(A) to which the county or local government corporation acting

under this chapter and the commission agree; and

(B) that are consistent with the bond instrument; and

(3) declare any part of a project under this chapter to be a

part of the state highway system and operate any part of a

project as part of the state highway system, to the extent that

property and contract rights in the project and bonds are not

affected unfavorably.

(b) Sections 222.031 and 284.003 do not limit the commission's

authority to:

(1) operate or maintain a project under this chapter; or

(2) contribute to the cost of acquisition, construction,

improvement, maintenance, operation, or pooling of a project as

provided by Subsection (a).

part of the state highway system and the commission shall

maintain the project without tolls when:

(1) all of the bonds and interest on the bonds that are payable

from or secured by revenues of the project have been paid by the

issuer of the bonds or another person with the consent or

approval of the issuer; or

(2) a sufficient amount for the payment of all bonds and the

interest on the bonds to maturity has been set aside by the

issuer of the bonds or another person with the consent or

approval of the issuer in a trust fund held for the benefit of

the bondholders.

(d) A county may request that the commission adopt an order

stating that a project will not become part of the state highway

system under Subsection (c). If the commission adopts the order:

(1) Section 362.051 does not apply to the project;

(2) the project must be maintained by the county; and

(3) the project will not become part of the state highway system

unless the county transfers the project under Section 284.011.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.49, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch.

264, Sec. 8.04, eff. June 11, 2007.

Sec. 284.011. TRANSFER OF PROJECT TO DEPARTMENT. (a) A county

may transfer to the department a project under this chapter that

has outstanding bonded indebtedness if the commission:

(1) agrees to the transfer; and

(2) agrees to assume the outstanding bonded indebtedness.

(b) The commission may assume the outstanding bonded

indebtedness only if the assumption:

(1) is not prohibited under the terms of an existing trust

agreement or indenture securing bonds or other obligations issued

by the commission for another project;

(2) does not prevent the commission from complying with

covenants of the commission under an existing trust agreement or

indenture; and

(3) does not cause a rating agency maintaining a rating on

outstanding obligations of the commission to lower the existing

rating.

(a), the county shall convey the project and any real property

acquired to construct or operate the project to the department.

(d) At the time of a conveyance under this section, the

commission shall designate the project as part of the state

highway system. After the designation, the county has no

liability, responsibility, or duty to maintain or operate the

project.

Added by Acts 2005, 79th Leg., Ch.

281, Sec. 2.50, eff. June 14, 2005.

Sec. 284.012. TRANSFER OF ASSETS. (a) A county, acting through

the commissioners court of the county, may submit a request to

the commission for authorization to create a regional mobility

authority under Chapter 370 and to transfer all projects under

this chapter to the regional mobility authority if:

(1) the creation of the regional mobility authority and transfer

of projects is not prohibited under the bond proceedings

applicable to the projects;

(2) adequate provision has been made for the assumption by the

regional mobility authority of all debts, obligations, and

liabilities of the county arising out of the transferred

projects; and

(3) the commissioners courts of any additional counties to be

part of the regional mobility authority have approved the

request.

(b) The county may submit to the commission a proposed structure

for the initial board of directors of the regional mobility

authority and a method for appointment to the board of directors

at the creation of the regional mobility authority. Subsequent

appointments to the board of directors are subject to the

requirements of Subchapter F, Chapter 370.

of its projects under this chapter to the regional mobility

authority to the extent authorized by the Texas Constitution if

property and contract rights in the projects and bonds issued for

the projects are not affected unfavorably.

(d) The commission shall adopt rules governing the creation of a

regional mobility authority and the transfer of projects under

this section.

Added by Acts 2005, 79th Leg., Ch.

281, Sec. 2.51, eff. June 14, 2005.

Sec. 284.013. CONVEYANCE OF FERRY CONNECTING STATE HIGHWAYS.

(a) The commission by order may convey a ferry operated under

Section 342.001 to a county or local government corporation

incorporated under Chapter 431 in a county to which this chapter

applies if:

(1) the commission determines that the proposed conveyance is an

integral part of the region's overall plan to improve mobility in

the region;

(2) the county or local government corporation:

(A) agrees to the conveyance; and

(B) agrees to assume all liability and responsibility for the

maintenance and operation of the ferry on its conveyance; and

(3) a majority of the voters in the municipality in which the

ferry is located, voting in an election held for that purpose,

approve the conveyance.

(b) A county or local government corporation shall reimburse the

commission for the cost of a conveyed ferry unless the commission

determines that the conveyance will result in a substantial net

benefit to the state, the department, and the traveling public

that equals or exceeds that cost.

(1) include the total amount spent by the department for the

original construction of the ferry, including the costs

associated with the preliminary engineering and design

engineering for plans, specifications, and estimates, the

acquisition of necessary rights-of-way, and actual construction

of the ferry and all necessary appurtenant facilities; and

(2) consider the anticipated future costs of expanding,

improving, maintaining, or operating the ferry to be incurred by

the county or local government corporation and not by the

department if the ferry is conveyed.

(d) The commission shall, at the time the ferry is conveyed,

remove the ferry from the state highway system. After a

conveyance, the commission has no liability or responsibility for

the maintenance or operation of the ferry.

(e) Before conveying a ferry that is a part of the state highway

system under this section, the commission shall conduct a public

hearing at which interested persons shall be allowed to speak on

the proposed conveyance. Notice of the hearing must be published

in the Texas Register and in one or more newspapers of general

circulation in the county in which the ferry is located.

(f) The commission shall adopt rules to implement this section.

The rules must include criteria and guidelines for the approval

of a conveyance of a ferry.

(g) A county or local government corporation shall establish

criteria and guidelines for approval of the conveyance of a ferry

under this section.

(h) A county or local government corporation may temporarily

charge a toll for use of a ferry conveyed under this section to

pay the costs necessary for an expansion of the ferry and may

permanently charge a toll for use of ferry facilities that are an

expansion of the ferry conveyed under this section.

(i) The commission may not convey a ferry under this section if

any of the docking facilities used by the ferry are located in a

municipality with a population of 8,000 or less unless the

governing body of the municipality approves the conveyance.

(j) The governing body of the municipality in which the ferry is

located shall order an election held on the approval of a

conveyance under this section.

Added by Acts 2005, 79th Leg., Ch.

877, Sec. 4, eff. June 17, 2005.

Renumbered from Transportation Code, Section 284.011 by Acts

2007, 80th Leg., R.S., Ch.

921, Sec. 17.001(74), eff. September 1, 2007.

SUBCHAPTER B. BOND PROVISIONS

Sec. 284.031. BONDS AUTHORIZED. (a) A county may issue bonds

for a project under this chapter that are secured:

(1) solely by the pledge of the gross or net revenues of a

project;

(2) by a pledge of:

(A) an ad valorem tax under Section 9, Article VIII, Texas

Constitution; or

(B) an unlimited ad valorem tax authorized by Section 52,

Article III, Texas Constitution;

(3) by designating part of the bonds to be secured solely by a

pledge of project revenues and part of the bonds to be secured by

pledge of the ad valorem tax; or

(4) by a combination of methods described by Subdivisions (1)

and (2) with all of the bonds supported and secured by the ad

valorem tax and the duty imposed on the county to collect tolls

for use of the project facilities as long as the bonds are

outstanding so that, as prescribed in the bond instrument, the

amount of the tax may be reduced as the project revenues become

sufficient to:

(A) meet the requirements for operation and maintenance; and

(B) provide money for the bonds.

(b) The commissioners court may secure bonds issued under this

chapter through a trust indenture between the county and a

corporate trustee. The corporate trustee may be any trust company

or bank that has the powers of a trust company. The indenture may

pledge or assign project tolls or revenues but may not convey or

mortgage any part of the project.

bond resolution at one time or from time to time and shall mature

on or before the 40th anniversary of their date.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.032. TAX BOND ELECTION. Bonds wholly or partly

supported by an ad valorem tax may not be issued without an

election at which the issuance of the bonds is authorized.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.033. INTERIM BONDS. (a) A county may, before issuing

definitive bonds, issue interim bonds, with or without coupons,

exchangeable for definitive bonds.

(b) The interim bonds may be authorized and issued in accordance

with this chapter, without regard to the requirements,

restrictions, or procedural provisions contained in any other

law.

that the interim bonds must recite that the bonds are issued

under this chapter. The recital is conclusive evidence of the

validity and the regularity of the bonds' issuance.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.034. BOND SALE TO PAY OUTSTANDING BONDS. A county

acting through its commissioners court that issues bonds payable

from revenues from tolls collected for the use of a project under

this chapter and also payable from an unlimited tax authorized

under Section 52, Article III, Texas Constitution, may authorize,

under that section, and issue and sell its bonds and use the

proceeds to call, redeem, and pay off its outstanding tax and

revenue bonds under the terms of the bonds and make the project

available for the free use of the public.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.035. BOND APPROVAL AND REGISTRATION. (a) Bonds under

this chapter may be presented to the attorney general for

approval in the same manner as provided for approval of tax bonds

issued by a county. The attorney general's approval of the bonds

has the same effect as approval of county tax bonds.

(b) The comptroller shall register in the manner other county

bonds are registered bonds the attorney general approves under

this section.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.036. BONDS SECURED SOLELY BY REVENUE. Bonds secured

solely by a pledge of project revenue:

(1) are not a debt of the county issuing the bonds but are

solely a charge on project revenue;

(2) may not be considered in determining the power of the county

to issue for any purpose bonds payable in whole or in part from

taxes; and

(3) must state: "The holder hereof shall never have the right to

demand payment of this obligation out of any funds raised or to

be raised by taxation."

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.037. REVENUE BOND ELECTION NOT REQUIRED. (a) The

issuance of bonds under this chapter that are payable solely from

revenues may be authorized without an election.

(b) If an election is not held, notice of intention to issue the

revenue bonds must be given as provided by Section 252.041, Local

Government Code.

right of referendum provided by Section 252.045, Local Government

Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.038. REVENUE BONDS: AD VALOREM TAX FOR MAINTENANCE AND

OPERATION. (a) A county issuing bonds under this chapter that

are secured solely by a pledge of revenues may:

(1) by the bond resolution, authorize the payment of the

principal of and premium, if any, and interest on the bonds from

the gross revenues of the project; and

(2) impose a direct continuing ad valorem tax under Section 9,

Article VIII, or Section 52, Article III, Texas Constitution, and

pledge the tax to pay maintenance and operating expenses of the

project and to establish and maintain a reserve fund and a

depreciation and replacement fund for the project, as a

supplement to the pledge of revenues for those purposes or in

lieu of a pledge of revenues, as provided by the bond resolution.

(b) The proceeds of a tax pledged under this section shall be

used annually to the extent required by the bond resolution and

for the purposes stated in Subsection (a)(2). The county may

provide in the resolution that certain or all costs listed in the

resolution will be paid by the county from the proceeds of the

tax.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.039. BONDS ARE SECURITIES. The bonds issued and

delivered under this chapter and interest coupons on the bonds

are a security under Chapter 8, Business & Commerce Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.040. EFFECT OF LIEN. (a) A lien on or a pledge of

revenue from a project under this chapter or on a reserve,

replacement, or other fund established in connection with a bond

issued under this chapter:

(1) is enforceable at the time of payment for and delivery of

the bond;

(2) applies to an item on hand or subsequently received;

(3) applies without physical delivery of an item or other act;

and

(4) is enforceable against any person having any claim, in tort,

contract, or other remedy, against the county without regard to

whether the person has notice of the lien or pledge.

(b) A bond resolution is not required to be recorded except in

the regular records of the county.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.041. REFUNDING BONDS. Subject to any restriction in a

bond instrument, a refunding bond may not be delivered unless

delivered in exchange for the bond authorized to be refunded or

unless sold and delivered to provide money for the payment of a

matured or redeemable bond maturing or redeemable within three

months.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.042. USE OF BOND PROCEEDS; LIEN. (a) The proceeds of

bonds issued under this chapter:

(1) may be used only to pay the costs of the project described

by Section 284.043; and

(2) shall be disbursed under the restrictions the bond

instrument provides.

(b) Project operating and maintenance costs to be paid from

proceeds of bonds payable in whole or in part from project

revenue may include only items expressly defined in the

proceedings authorizing the bonds.

after the project costs are paid in full shall be used to pay

interest on and retire the bonds, unless otherwise provided in

the bond instrument.

(d) Unless otherwise provided in the bond instrument, if the

bond proceeds are not sufficient to pay all the project costs,

additional bonds may be issued up to the amount necessary to pay

the remaining costs. The additional bonds are considered to be of

the same issue as the original bonds and are entitled to payment

from the same fund, without preference for the bonds first

issued.

(e) The bondholder or a bond trustee has a lien on the bond

proceeds.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.043. COSTS AND EXPENSES. (a) The cost of the project

may include:

(1) the cost of construction;

(2) the cost of any property, appurtenance, easement, contract,

franchise, or pavement used in the construction, acquisition,

improvement, operation, or maintenance of the project;

(3) the cost of condemning property, including the award, court

costs, and attorney's fees;

(4) all legal, fiscal, or engineering expenses incurred in the

acquisition or construction of the project, the making of any

preliminary survey or investigation, or the authorization and

issuance of the bonds; and

(5) payment of interest on the bonds and operating expenses on

the project before and during construction and before the first

anniversary after construction of the project is completed.

(b) Any preliminary expense paid from a county fund shall be

repaid to the fund from the proceeds of the bonds when the

proceeds are available.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.044. DEPOSITORY. A bank or trust company in this state

may:

(1) act as depository of bond proceeds or revenues derived from

the operation of the project; and

(2) provide indemnity bonds or pledge securities the county

requires.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.045. BONDS TAX FREE. Bonds under this chapter and the

transfer of and income from the bonds, including a profit made on

the sale of the bonds, are exempt from taxation in this state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.046. BONDHOLDER RIGHTS. (a) In addition to all other

rights by mandamus or other court proceeding, a holder or trustee

of a bond issued under this chapter may enforce the holder's

rights against the county, the county's employees, an operating

board, or an agent or employee of the operating board and is

entitled to:

(1) require the county and the board to impose and collect tolls

and charges sufficient to carry out any agreement contained in

the bond instrument; and

(2) apply for and obtain the appointment of a receiver for the

project.

(b) A bond instrument may contain provisions for the protection

and enforcement of a bondholder's rights and remedies, including

covenants:

(1) establishing the county's duties relating to:

(A) the acquisition of property;

(B) the construction, maintenance, operation, and repair of, and

insurance for, a project; and

(2) prescribing events that constitute default;

(3) prescribing terms on which any or all of the bonds become or

may be declared due before maturity; and

(4) relating to the rights, powers, liabilities, or duties that

arise on the breach of a county's duty.

individual rights of action of the bondholder.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. CONSTRUCTION AND OPERATION

Sec. 284.061. ACQUISITION OF PROPERTY. (a) To acquire property

useful in connection with a project, a county may enter on any

real property, water, or premises to make a survey, sounding, or

examination.

(b) A county may acquire by eminent domain property to use in or

useful for a project under this chapter.

county is entitled to immediate possession of property subject to

a condemnation proceeding brought by the county after:

(1) a tender of a bond or other security in an amount sufficient

to secure the owner for damages; and

(2) the approval of the bond or security by the court.

(d) A county has full easements and rights-of-way through,

across, under, and over any property owned by this state that are

necessary or convenient to construct, acquire, or efficiently

operate a project under this chapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 5.05, eff.

Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.52, eff. June 14, 2005.

Sec. 284.0615. DECLARATION OF TAKING BY CERTAIN COUNTIES. (a)

This section applies only to a county with a population of 3.3

million or more.

(b) If, in connection with a project under this chapter, the

commissioners court of the county authorizes the county to

proceed in the manner provided by Section 203.066:

(1) the county may file a declaration of taking and proceed in

the manner provided by that section on the project; and

(2) a reference to the department in that section means the

county.

Added by Acts 2005, 79th Leg., Ch.

281, Sec. 2.53, eff. June 14, 2005.

Sec. 284.062. FERRY. The commissioners court may purchase or

lease a ferry property and operate the property over the route to

be traversed by a project under this chapter during the period

that the project is being constructed. The cost of the purchase

or lease of the ferry property may be paid from the proceeds of

the bonds issued for the project.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.063. CONTRACT FOR PROJECT CONSTRUCTION. (a) A county

may enter into an agreement with a political subdivision or

agency of this state to construct, acquire, improve, operate, and

maintain a project under this chapter. The agreement may provide

for title to the project to be in one party to the agreement or

for joint ownership of the project.

(b) A county entering into an agreement under this section may

issue bonds as provided by this chapter to pay all or a part of

the cost of a project.

other terms, may:

(1) extend for any agreed period; and

(2) provide that the agreement continues in effect until bonds

specified in the agreement and refunding bonds issued in lieu of

those bonds are paid.

(d) A payment made under the agreement is an operating and

maintenance expense of the project if the agreement so provides.

Revenues derived from the operation of the project may be pledged

to pay operating and maintenance expenses.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.064. CONTRACT TO OPERATE. (a) A county may contract

with another person for the person to operate all or part of a

project under this chapter to the extent prescribed by the bond

instrument.

(b) A contract made under this section must be for a specified

period that does not extend beyond the date of maturity of the

last maturing bond.

the right of a bondholder to require proper operation and

maintenance of the facilities and the payments for the benefit of

the bond as prescribed in the bond instrument.

(d) If a county enters into an agreement with a person that

includes the collection by the person of tolls for the use of a

project, the person shall submit to the county for approval:

(1) the methodology for:

(A) the setting of tolls; and

(B) increasing the amount of the tolls;

(2) a plan outlining methods the person will use to collect the

tolls, including:

(A) any charge to be imposed as a penalty for late payment of a

toll; and

(B) any charge to be imposed to recover the cost of collecting a

delinquent toll; and

(3) any proposed change in an approved methodology for the

setting of a toll or a plan for collecting the toll.

(e) An agreement with a person that includes the collection by

the person of tolls for the use of a project may not be for a

term longer than 50 years.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.54, eff. June 14, 2005.

Sec. 284.065. POOLED PROJECTS. (a) A commissioners court of a

county by resolution may pool two or more projects the county

constructs under this chapter.

(b) An existing project may be pooled in whole or in part with a

new project or another existing project.

(d) The resolution of the commissioners court establishing a

pooled project shall set a date when each of the projects being

pooled will be available for the free use of the public. The date

must be consistent with the bond instrument applicable to bonds

for any of the pooled projects.

(e) Subject to the terms of a bond instrument, a county

proceeding under this chapter may, from time to time, issue

bonds, including bonds that are payable either in whole or in

part from the revenues of a pooled project, to:

(1) pay all or a part of the cost of the pooled project or the

cost of a part of the pooled project;

(2) pay the costs of constructing improvements, extensions, or

enlargements to all or part of a pooled project; or

(3) refund outstanding bonds issued for any part of a pooled

project, including payment of a bond redemption premium and any

interest to the date of redemption; and

(4) pay the cost of constructing improvements, extensions, and

enlargements to any part of a pooled project for which any part

of the bonds to be refunded were issued.

(f) Revenues of any part of a pooled project may be pledged to

pay the bonds.

(g) Improvements, extensions, or enlargements to be paid from

refunding bonds issued under this chapter may be constructed on

any part of the pooled project without regard to the parts of the

pooled project covered by the bonds to be refunded.

(h) The refunding bonds may be issued in exchange for

outstanding bonds or may be sold and the proceeds used to redeem

outstanding bonds.

(i) A county may, from time to time, amend the extent or

component parts of a designated pooled project, consistent with

the terms of related bond instruments.

(j) This chapter applies to a pooled project and an amended

pooled project in the same manner that it applies to any other

project.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

264, Sec. 8.05, eff. June 11, 2007.

Sec. 284.066. OPERATING BOARD. (a) A commissioners court may

appoint an operating board if the commissioners court determines

that a project under this chapter could be developed,

constructed, operated, and managed better and more efficiently by

an operating board.

(b) Except as provided by Subsections (c) and (d), an operating

board has the same authority as the commissioners court,

including the power of eminent domain, regarding the development,

construction, operation, and management of a project under this

chapter.

limitations prescribed by the commissioners court.

(d) An operating board may not:

(1) impose a tax or borrow money; or

(2) exercise the authority of the commissioners court under

Section 284.071 except as provided by order of the commissioners

court.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.0665. COMPENSATION OF OPERATING BOARD MEMBERS. (a) In

this section, "performing the duties of the operating board"

means substantive performance of the management or business of a

project:

(1) including participation in:

(A) board and committee meetings;

(B) other activities involving the substantive deliberation of

business; and

(2) not including routine or ministerial activities such as the

execution of documents, self-preparation for meetings, or other

activities requiring a minimal amount of time.

(b) This section applies only to an operating board:

(1) appointed by a local government corporation; or

(2) that is a local government corporation.

compensation not more than $150 a day for each day the member

actually spends performing the duties of the operating board.

(d) The operating board shall set a limit on the amount of

compensation a member of the operating board may receive in a

year under this section not to exceed $7,200.

(e) In addition to Subsection (c), a member of the operating

board is entitled to reimbursement of actual and necessary

expenses incurred in performing duties of the operating board.

(f) To receive compensation or reimbursement under this section,

a member of the operating board must file a verified statement

with the local government corporation:

(1) showing the number of days the member actually spent

performing duties of the operating board; and

(2) including a general description of the duties performed for

each day of service.

Added by Acts 2005, 79th Leg., Ch.

281, Sec. 2.55, eff. June 14, 2005.

Sec. 284.067. PROJECTS EXTENDING INTO OTHER COUNTIES. (a) A

county may not construct or acquire a project that is financed

under this chapter and any part of which is in another county

until the commissioners court of the other county adopts a

resolution consenting to the construction or acquisition.

(b) A part of a project that has not been designated as part of

the state highway system and that is not a turnpike project as

defined in Chapter 361 is a part of the county road system of the

county in which the part is located. A law relating to the

maintenance and operation of a county road applies to a project

constructed or acquired under this chapter to the extent the law

does not conflict with this chapter.

or another method under general law, may acquire the property

necessary for the project, except that a county may not condemn

property in another county until after the resolution required by

Subsection (a) is adopted. The county issuing the bonds may use

the bond proceeds to acquire property necessary for the project

in any county into which the project extends.

(d) Payment of the purchase price, award, or other cost of the

project may be on the terms to which the commissioners courts of

the county issuing the bonds and the other county or counties

agree. Proceeds from bonds issued under this chapter may be used

to pay a cost incurred under this section.

(e) Two-tenths of one percent of the toll revenue shall be

shared equally between the permanent school fund and the General

Land Office. The General Land Office shall use its share for the

acquisition of real property in a natural state in the county of

the project. The acquired land shall be maintained in a natural

state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 875, Sec. 3, eff. June 20,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.56, eff. June 14, 2005.

Sec. 284.068. RECONSTRUCTION OF CLOSED OR RELOCATED NONTOLL

ROADS, STREETS, OR HIGHWAYS. If under this chapter a county

closes or changes the location of a portion of a nontoll road,

street, or highway, the county shall reconstruct the nontoll

road, street, or highway at a location and in the manner the

county determines will provide substantially the same access as

the nontoll road, street, or highway being closed or relocated.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.069. TOLLS AND CHARGES. If bonds under this chapter

are payable in whole or in part from project revenue, the county

shall impose tolls and charges that are, together with other

money or revenues available for the project, including ad valorem

tax, sufficient to:

(1) pay the maintenance and operating expenses of the project;

(2) pay the principal of, premium of, if any, and interest on

the bonds when due;

(3) establish a reserve for payment of bond principal, premium,

and interest; and

(4) establish an adequate fund for project depreciation and

replacement.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.070. NONPAYMENT OF TOLL; OFFENSE. (a) A person

commits an offense if the person:

(1) operates a vehicle on a county project; and

(2) fails or refuses to pay a toll imposed under Section

284.069.

(b) An offense under this section is a misdemeanor punishable by

a fine not to exceed $100.

operated in violation of Subsection (a) until the amount of the

toll and all charges in connection with the toll are paid.

(d) In a county with a population over 2.8 million, an offense

under this section may be prosecuted in any precinct in the

county in which the offense was committed.

(e) An authorized emergency vehicle, as defined by Section

541.201, is exempt from payment of a toll imposed under this

chapter regardless of whether the vehicle is:

(1) responding to an emergency;

(2) displaying a flashing light; or

(3) marked as an emergency vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1107, Sec. 1, eff. Sept. 1,

1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

258, Sec. 4.02, eff. September 1, 2007.

Sec. 284.0701. ADMINISTRATIVE COSTS; NOTICE; OFFENSE. (a) In

the event of an offense committed under Section 284.070, on

issuance of a written notice of nonpayment, the registered owner

of the nonpaying vehicle is liable for the payment of both the

proper toll and an administrative cost.

(b) The county may impose and collect the administrative cost so

as to recover the expense of collecting the unpaid toll, not to

exceed $100. The county shall send a written notice of

nonpayment to the registered owner of the vehicle at that owner's

address as shown in the vehicle registration records of the Texas

Department of Motor Vehicles by first-class mail not later than

the 30th day after the date of the alleged failure to pay and may

require payment not sooner than the 30th day after the date the

notice was mailed. The registered owner shall pay a separate

toll and administrative cost for each event of nonpayment under

Section 284.070.

was not paid who is mailed a written notice of nonpayment under

Subsection (b) and fails to pay the proper toll and

administrative cost within the time specified by the notice of

nonpayment commits an offense. Each failure to pay a toll or

administrative cost under this subsection is a separate offense.

(d) It is an exception to the application of Subsection (a) or

vehicle and not later than the 30th day after the date the notice

of nonpayment is mailed provides to the authority:

(1) a copy of the rental, lease, or other contract document

covering the vehicle on the date of the nonpayment under Section

284.070, with the name and address of the lessee clearly legible;

(2) electronic data, other than a photocopy or scan of a rental

or lease contract, that contains the information required under

Sections 521.460(c)(1), (2), and (3) covering the vehicle on the

date of the nonpayment under Section 284.070.

(d-1) If the lessor provides the required information within the

period prescribed under Subsection (d), the authority may send a

notice of nonpayment to the lessee at the address provided under

Subsection (d) by first class mail before the 30th day after the

date of receipt of the required information from the lessor. The

lessee of the vehicle for which the proper toll was not paid who

is mailed a written notice of nonpayment under this subsection

and fails to pay the proper toll and administrative cost within

the time specified by the notice of nonpayment commits an

offense. The lessee shall pay a separate toll and administrative

cost for each event of nonpayment. Each failure to pay a toll or

administrative cost under this subsection is a separate offense.

(e) It is an exception to the application of Subsection (a) or

of the vehicle to another person before the event of nonpayment

under Section 284.070 occurred, submitted written notice of the

transfer to the Texas Department of Motor Vehicles in accordance

with Section 520.023, and before the 30th day after the date the

notice of nonpayment is mailed, provides to the county the name

and address of the person to whom the vehicle was transferred.

If the former owner of the vehicle provides the required

information within the period prescribed, the county may send a

notice of nonpayment to the person to whom ownership of the

vehicle was transferred at the address provided by the former

owner by first-class mail before the 30th day after the date of

receipt of the required information from the former owner. The

subsequent owner of the vehicle for which the proper toll was not

paid who is mailed a written notice of nonpayment under this

subsection and fails to pay the proper toll and administrative

cost within the time specified by the notice of nonpayment

commits an offense. The subsequent owner shall pay a separate

toll and administrative cost for each event of nonpayment under

Section 284.070. Each failure to pay a toll or administrative

cost under this subsection is a separate offense.

(f) An offense under this section is a misdemeanor punishable by

a fine not to exceed $250.

(g) The court in which a person is convicted of an offense under

this section shall also collect the proper toll and

administrative cost and forward the toll and cost to the county.

(h) In this section, "registered owner" means the owner of a

vehicle as shown on the vehicle registration records of the Texas

Department of Motor Vehicles or the analogous department or

agency of another state or country.

Added by Acts 2003, 78th Leg., ch. 372, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

918, Sec. 3, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch.

933, Sec. 2C.01, eff. September 1, 2009.

Sec. 284.0702. PRIMA FACIE EVIDENCE; DEFENSE. (a) In the

prosecution of an offense under Section 284.070 or 284.0701,

proof that the vehicle was driven or towed through the toll

collection facility without payment of the proper toll may be

shown by a video recording, photograph, electronic recording, or

other appropriate evidence, including evidence obtained by

automated enforcement technology.

(b) In the prosecution of an offense under Section 284.0701(c),

(d-1), or (e):

(1) a computer record of the department of the registered owner

of the vehicle is prima facie evidence of its contents and that

the defendant was the registered owner of the vehicle when the

underlying event of nonpayment under Section 284.070 occurred;

and

(2) a copy of the rental, lease, or other contract document, or

the electronic data provided to the authority under Section

284.0701(d), covering the vehicle on the date of the underlying

event of nonpayment under Section 284.070 is prima facie evidence

of its contents and that the defendant was the lessee of the

vehicle when the underlying event of nonpayment under Section

284.070 occurred.

(d-1), or (e) that the vehicle in question was stolen before the

failure to pay the proper toll occurred and had not been

recovered before the failure to pay occurred, but only if the

theft was reported to the appropriate law enforcement authority

before the earlier of:

(1) the occurrence of the failure to pay; or

(2) eight hours after the discovery of the theft.

Added by Acts 2003, 78th Leg., ch. 372, Sec. 1, eff. Sept. 1,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

918, Sec. 4, eff. September 1, 2009.

Sec. 284.071. CONTROLLED ACCESS TO TOLL ROAD. (a) The

commissioners court of a county by order may designate a toll

road established for the county under this chapter as a

controlled-access toll road.

(b) The commissioners court by order may:

(1) deny use of or access to or from the toll road by a motor

vehicle, bicycle, or other vehicle or by a pedestrian;

(2) deny access to or from:

(A) the toll road;

(B) real property adjacent to the toll road; or

way intersecting the toll road;

(3) designate locations on the toll road at which access to or

from the toll road is permitted;

(4) control, restrict, and determine the type and extent of

access permitted at a designated location of access to the toll

road; or

(5) erect appropriate protective devices to preserve the

utility, integrity, and use of the toll road.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.072. PROMOTION OF TOLL ROADS. The commissioners court

of a county may promote the use of a toll road operated under

this chapter by appropriate means, including advertising or

marketing as the commissioners court finds appropriate.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.073. POWERS AND DUTIES OF RECEIVER. (a) A receiver

appointed for a project may enter, take possession of, and

maintain the project.

(b) A receiver may collect all revenues and tolls from the

project in the same manner as the county.

accordance with the obligations of the county under the bond

instrument and as the court that appoints the receiver directs.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 284.074. TAX AND ASSESSMENT EXEMPTION: PROJECTS. Each part

of a project is exempt from taxation and assessment.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES

Sec. 284.201. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to:

(1) a county with a population of more than 3.3 million; or

(2) a county adjacent to a county with a population of more than

3.3 million.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept.

1, 1997. Amended by Acts 2001, 77th Leg., ch. 669, Sec. 131, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 670, Sec. 1, eff. June

20, 2003.

Sec. 284.202. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE ON

TOLL PROJECT. (a) The commissioners court of a county by order

may prohibit the operation of a motor vehicle on a county project

described by Section 284.001(3) if:

(1) an operator of the vehicle has failed to pay a required toll

or charge; and

(2) the county provides the registered owner of the vehicle with

notice of the unpaid toll or charge.

(b) The notice required by Subsection (a)(2) must be mailed to

the registered owner of the vehicle at least 10 days before the

date the prohibition takes effect.

or charge not later than the 10th day after the notice under

Subsection (b) is mailed, the commissioners court by order may

impose a reasonable cost for expenses associated with collecting

the unpaid toll or charge.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept.

1, 1997. Amended by Acts 2003, 78th Leg., ch. 372, Sec. 2, eff.

Sept. 1, 2003.

Sec. 284.203. VIOLATION OF ORDER; OFFENSE. (a) A person

commits an offense if the person operates a motor vehicle or

causes or allows the operation of a motor vehicle in violation of

an order adopted under Section 284.202(a).

(b) An offense under this section is a Class C misdemeanor.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.18(a), eff. Sept.

1, 1997.

Sec. 284.2031. CIVIL AND CRIMINAL ENFORCEMENT COST. (a) A

county may impose, in addition to other costs, $1 as a court cost

on conviction to a defendant convicted of an offense under

Section 284.070, 284.0701, or 284.203 in an action brought by the

county or district attorney.

(b) In this section, a person is considered convicted if:

(1) a sentence is imposed on the person; or

(2) the court defers final disposition of the person's case.

collected under Subsection (a) shall be deposited in the county

treasury in a special fund to be administered by the county

attorney or district attorney. Expenditures from this fund shall

be at the sole discretion of the attorney and may be used only to

defray the salaries and expenses of the prosecutor's office, but

in no event may the county attorney or district attorney

supplement his or her own salary from this fund.

(d) In a county with a population of less than 3.3 million,

money collected under Subsection (a) shall be deposited in the

general fund of the county.

Added by Acts 2003, 78th Leg., ch. 372, Sec. 3, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

963, Sec. 1, eff. June 18, 2005.

Sec. 284.2032. ADDITIONAL ADMINISTRATIVE COST IN CERTAIN

COUNTIES. (a) A county with a population of 3.3 million or more

may impose, in addition to other costs, $1 as an administrative

cost associated with collecting a toll or charge for each event

of nonpayment of a required toll or charge imposed under Section

284.069.

(b) Money collected under Subsection (a) shall be deposited in

the county treasury in a special fund to be administered by the

county attorney. Expenditures from the fund shall be at the sole

discretion of the attorney and may be used only to defray the

salaries and expenses of the attorney's office, but in no even

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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