CHAPTER 364. TOLL BRIDGES IN COUNTIES BORDERING THE RIO GRANDE

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Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-364-toll-bridges-in-counties-bordering-the-rio-grande

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE G. TURNPIKES AND TOLL PROJECTS

CHAPTER 364. TOLL BRIDGES IN COUNTIES BORDERING THE RIO GRANDE

SUBCHAPTER A. ESTABLISHMENT OF TOLL BRIDGE AND GENERAL PROVISIONS

Sec. 364.0001. DEFINITION. (a) Except as provided by

Subsection (b), in this chapter, "bridge" includes a bridge used

by vehicles, pedestrians, or railroads, or a combination of

vehicles, pedestrians, or railroads.

(b) For the purposes of this chapter, "bridge" does not include

a railroad bridge in a county with a population of more than

675,000.

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

530, Sec. 1, eff. June 16, 2007.

Sec. 364.001. AUTHORITY TO ACQUIRE TOLL BRIDGE. (a) A county

bordering the Rio Grande, acting through the commissioners court

of the county, as a part of its road and bridge system may

acquire a toll bridge by any method, including by:

(1) construction; or

(2) purchase of an entire toll bridge or only that part of the

toll bridge that is located in this state.

(b) The county is not required to:

(1) hold an election to authorize the acquisition of a toll

bridge under this chapter;

(2) give or publish notice of its intent to acquire a toll

bridge under this chapter; or

(3) advertise or call for competitive bids in connection with

the acquisition of a toll bridge under this chapter.

by purchasing the toll bridge itself or by purchasing all of the

capital stock of the corporation or a sufficient amount of the

stock as required by law to dissolve and liquidate the

corporation. The county may take title to the stock in the name

of the county or in the name of a trustee for the county. After

purchasing the stock, the county or its trustee shall:

(1) vote its shares in the corporation as necessary to vest

title to the toll bridge, together with any associated right or

property described by Section 364.002 to be acquired in

connection with the acquisition of the toll bridge, in the

county; and

(2) immediately dissolve and liquidate the corporation, pay its

debts, liabilities, and obligations, wind up its business and

affairs, and convey the properties to the county.

(d) The purchase and acquisition of toll bridge property or

stock in a corporation under this section must be made at the

price and on the terms agreed on by the owners of the property or

stock and the commissioners court. The commissioners court shall

act under this subsection by appropriate resolution or order

consistent with this chapter.

(e) A county may not acquire a toll bridge under this chapter by

eminent domain.

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

Sec. 364.002. RIGHTS AND PROPERTIES ASSOCIATED WITH TOLL BRIDGE.

When a county acquires a toll bridge under Section 364.001, the

county may, as determined by the commissioners court of the

county, acquire any or all of the following items in connection

with the toll bridge:

(1) a permit, grant, franchise, right, or privilege granted or

extended by the United States, the United Mexican States, or a

state, municipality, or political subdivision of the United

States or United Mexican States, for or related to the

maintenance or operation of the toll bridge or the collection of

a toll or charge for the use of the toll bridge;

(2) an interest in real property in either the United States or

the United Mexican States that is held or used for or incident to

the maintenance or operation of the toll bridge or an approach to

it, or for the use or occupancy of any building or other

structure, appurtenance, appliance, road or street, park,

grounds, or convenience or facility of any kind relating to or

incident to the maintenance or operation of the toll bridge;

(3) a building or other structure, appurtenance, appliance,

equipment, convenience, or facility of any kind held or used for

or incident to the maintenance or operation of the toll bridge;

(4) any other right or property used for or incident to the

maintenance or operation of the toll bridge.

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

Sec. 364.003. LIBERAL CONSTRUCTION. This chapter shall be

liberally construed to effect its purposes.

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

Sec. 364.004. AGREEMENTS RELATING TO TOLL BRIDGE. (a) A county

may enter into and make payments under an agreement with a

private entity or another governmental entity to acquire,

construct, maintain, or operate a toll bridge, including an

international toll bridge, and a private or governmental entity

in this state may enter into an agreement with a county for that

purpose.

(b) In connection with or in support of an agreement entered

into under Subsection (a), the county may enter into a lease, an

operating agreement, a service agreement, a license agreement, a

franchise agreement, or a similar agreement with a private entity

or another governmental entity.

more than 675,000.

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

530, Sec. 2, eff. June 16, 2007.

SUBCHAPTER B. ADMINISTRATION OF TOLL BRIDGES

Sec. 364.021. APPLICATION OF SUBCHAPTER. This subchapter

applies only to a county that acquires a toll bridge under

Section 364.001.

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

Sec. 364.022. MAINTENANCE AND OPERATION OF TOLL BRIDGES. (a) A

county through the commissioners court of the county may own,

hold, control, maintain, and operate the toll bridge and may make

or provide for any repairs or improvements to the bridge. To

carry out this subsection, the county may acquire property by

eminent domain under general law.

(b) The county may:

(1) renew or extend an existing franchise or obtain a new or

additional franchise for the toll bridge; and

(2) render services to the public and to the users of the toll

bridge.

enter into and carry out a contract, agreement, or undertaking of

any kind required by the United States or the United Mexican

States or a department, officer, governmental agency, or public

authority of the United Mexican States.

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

Sec. 364.023. OPERATING BOARD. The commissioners court of a

county by the resolution or order providing for the issuance of

bonds under this chapter or by the trust indenture securing those

bonds may provide that the toll bridge be operated by an

operating board if the court determines that the bridge could be

better and more efficiently operated by the board. The operating

board:

(1) is appointed as provided by the resolution, order, or trust

indenture; and

(2) has the powers granted by the resolution, order, or trust

indenture but may not be granted the power of eminent domain or

the power to borrow money.

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

Sec. 364.024. RECREATIONAL FACILITIES. (a) A county, in

connection with the maintenance and operation of the toll bridge,

may acquire real property or another site adjacent to the toll

bridge to construct, maintain, or operate a park, recreational

grounds or facilities, a camp, quarters, accommodations, or other

facility for the use and convenience of the public. The county

may manage and regulate those facilities and may adopt and

enforce reasonable rules for those facilities.

(b) A county may not acquire property under this section by

eminent domain.

use of a facility established under this section. The charge must

be just, reasonable, and nondiscriminatory.

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

SUBCHAPTER C. BONDS AND FINANCES

Sec. 364.041. TOLLS. (a) A county that acquires a toll bridge

under this chapter or that owns or controls any international

toll bridge, by order or resolution of the commissioners court,

may impose tolls and other charges for the use of the bridge and

for the transportation of persons or property, including

passengers, vehicles, or freight and commodities, over the

bridge.

(b) In accordance with any applicable permit or franchise

granted by a governmental authority, the tolls must be just,

reasonable, nondiscriminatory, and sufficient to provide revenue

in an amount that is at least adequate to:

(1) pay all expenses necessary to maintain and operate the toll

bridge or bridges;

(2) make necessary payments and comply with any applicable

permit or franchise;

(3) pay the interest on and principal of all bonds or warrants

issued under this chapter as due;

(4) pay as due all sinking fund or reserve fund payments agreed

to be made in connection with bonds or warrants issued under this

chapter and payable from that revenue;

(5) comply with any agreement made with the holders of bonds or

warrants issued under this chapter or with any person on behalf

of those holders; and

(6) recover a reasonable rate of return on invested capital.

section in excess of the amounts required by Subsection (b) to:

(1) establish a reasonable depreciation and emergency fund;

(2) retire by purchase and cancellation or by redemption any

outstanding bonds or warrants issued under this chapter;

(3) provide needed budgetary support to local government for

public purposes and the general welfare; or

(4) accomplish the purposes of this chapter.

(d) The commissioners court shall impose tolls and other charges

under this section for use of a bridge subject to an encumbrance.

(e) This chapter does not deprive this state, the United States,

or any other agency having jurisdiction of its power to regulate

or control tolls and other charges to be collected for a purpose

listed in Subsection (b) or (c).

(f) Until bonds or warrants issued under this chapter have been

paid and discharged, together with all interest on the bonds or

warrants, interest on unpaid interest installments on the bonds

or warrants, other costs or expenses incurred in connection with

any acts or proceedings taken by or on behalf of the holders of

the bonds or warrants, and all other obligations of the county

incurred in connection with the bonds or warrants, this state

pledges to and agrees with the purchasers and successive holders

of the bonds or warrants that it will not:

(1) limit or alter the power of a county to impose tolls and

other charges under this section sufficient to pay the items

listed in Subsection (b) or (c); or

(2) take any action that will impair the rights or remedies of

the holders of the bonds or warrants or of persons acting on

their behalf.

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

Sec. 364.042. AUTHORITY TO BORROW MONEY OR ACCEPT FEDERAL

ASSISTANCE. (a) To accomplish the purposes of this chapter, a

county may:

(1) borrow money from any person or corporation; or

(2) borrow money or accept grants from the United States or a

corporation or agency created by or authorized to act as an

agency of the United States.

(b) In connection with a loan or grant under Subsection (a)(2),

a county may enter into any related agreement that the United

States, corporation, or agency requires.

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

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.02, eff. Sept.

1, 1999.

Sec. 364.043. AUTHORITY TO ISSUE BONDS. (a) A county, through

the commissioners court, may issue, sell, and deliver negotiable

bonds to accomplish the purposes of this chapter. The county may

use the bonds or the proceeds of the sale of the bonds to acquire

a toll bridge under this chapter or may exchange the bonds for

property to accomplish the purposes of this chapter.

(b) Bonds issued under this chapter may be authorized by

resolution or order from time to time.

resolution or order of its commissioners court may issue bonds

under this chapter and use the bonds or proceeds from their sale

as provided by this chapter without:

(1) holding an election to authorize that action;

(2) giving or publishing notice of the county's intent to take

that action; or

(3) advertising or calling for competitive bids in connection

with that action.

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

Sec. 364.044. REVENUE BONDS. (a) Except for bonds issued under

Section 364.045, bonds issued under this chapter are not a debt

of the county issuing them and are a charge on and payable solely

from the revenues of the toll bridge or bridges and appurtenances

acquired through the issuance of the bonds, as provided by the

bond proceedings.

(b) Revenue bonds issued under this chapter are not considered

in determining the authority of a county to issue bonds for any

purpose authorized by law.

following clause: "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. 364.045. COMBINATION BONDS AND AD VALOREM TAX TO FINANCE

INTERNATIONAL TOLL BRIDGE OR IMPROVEMENT. (a) A county may

issue combination tax and revenue bonds to construct all or part

of an international toll bridge or other improvement spanning the

Rio Grande and may impose an ad valorem tax to pay all or part of

the bonds if the issuance of the bonds and the imposition of the

tax are approved by a majority of the votes received at an

election held in the county for that purpose.

(b) The commissioners court of a county may call an election

under this section on its own motion at any regular session of

the court. The commissioners court shall call an election under

this section at the next regular session of the court following

the submission to the court of a petition requesting the election

signed by a number of registered voters of the county that is

equal to at least one percent of the number of votes cast in the

county in the most recent general election for governor.

(1) the purpose for which the bonds are to be issued;

(2) the amount of the bonds;

(3) the rate of interest; and

(4) a statement that unlimited ad valorem taxes are to be

imposed annually on all taxable property in the county in amounts

sufficient, together with revenues from the county toll bridge or

toll bridge system, to pay the bonds at maturity.

(d) The bonds must be made payable from revenues of the county

toll bridge or toll bridge system and from ad valorem taxes

imposed and collected in accordance with Section 52, Article III,

Texas Constitution. The ad valorem taxes must be imposed in

amounts that, together with revenues from the county toll bridge

or toll bridge system, are sufficient to retire the bonds.

(e) The county may execute an agreement, contract, or trust with

a private entity or with the United Mexican States or a political

subdivision, department, or agency of the United Mexican States

to finance, construct, operate, or maintain an international toll

bridge in its entirety or other improvement spanning the Rio

Grande.

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

Sec. 364.046. MORTGAGE OR PLEDGE OF REVENUE TO SECURE BONDS. To

accomplish any of the purposes of this chapter, a county

authorized to issue bonds under this chapter with respect to

those bonds may:

(1) mortgage or pledge:

(A) all or part of any interest in the county's toll bridge or

bridges, together with any associated right or property described

by Section 364.002, or any other property acquired or to be

acquired with the bonds or the proceeds of the sale of the bonds;

(B) all or part of the net or gross revenues of any property

described by Paragraph (A);

(2) secure the payment of the principal and interest on the

bonds and of the sinking fund and reserve fund agreed to be

established in connection with the bonds; and

(3) enter into any covenant or agreement with the purchasers of

the bonds or any person on behalf of those purchasers with

respect to the bonds to secure the payments described by

Subdivision (2) and to provide rights and remedies to the

purchasers or holders of the bonds or any person on their behalf

as the commissioners court may provide by order or resolution.

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

Sec. 364.047. ADDITIONAL BONDS. (a) A county that has

outstanding bonds payable from the revenue of a toll bridge or

bridges may issue additional bonds to the extent and under the

conditions prescribed by the provisions of the outstanding bonds

and the proceedings related to those bonds, including any trust

indenture securing those bonds. The additional bonds may be

secured by a pledge of and a lien on the net revenues of the

bridge or bridges on a parity with the outstanding bonds under

the conditions set out in the proceedings or trust indenture

securing and authorizing the outstanding bonds.

(b) A county that has acquired a toll bridge or bridges under

this chapter may, in the manner provided by this chapter for the

issuance of original bonds, issue and deliver subsequent bonds to

repair, improve, reconstruct, or replace a toll bridge. The

issuance of bonds under this subsection is subject to the

restrictions contained in the resolution or order of the

commissioners court authorizing the original bonds and in the

deed of indenture, if any, securing the issuance of the original

issue of bonds.

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

Sec. 364.048. TERMS OF BONDS; NEGOTIABILITY. (a) The

commissioners court may prescribe the terms and conditions of

bonds issued under this chapter and determine the manner of their

sale. The commissioners court by order or resolution shall

determine:

(1) the aggregate principal amount or amounts of the bonds;

(2) the denominations of the bonds;

(3) the date or dates of maturity;

(4) the rate or rates of interest;

(5) whether the bonds are payable annually or semiannually, and

on what dates;

(6) the form of the bonds;

(7) the terms, provisions, and conditions of the bonds;

(8) whether the bonds are coupon or registered bonds, and any

registration privileges;

(9) provisions for the call or redemption of the bonds before

maturity; and

(10) the place or places, in or outside of this state, at which

the bonds are payable.

(b) Bonds issued under this chapter have all the qualifications

and incidents of negotiable instruments as provided by the law of

this state.

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

Sec. 364.049. SALE OR EXCHANGE OF BONDS. A bond issued under

this chapter may be:

(1) sold for cash at a public or private sale at a price

determined by the commissioners court;

(2) issued on terms determined by the commissioners court in

exchange for property of any kind or an interest in property of

any kind, as the commissioners court determines is necessary and

proper to accomplish a purpose of this chapter; or

(3) issued in exchange for a bond of the same issue, matured or

unmatured, in the same principal amount.

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

Sec. 364.050. TRUST INDENTURE. (a) Bonds issued under this

chapter may be secured by a trust indenture between the county

and a corporate trustee that is a trust company or a bank that

has the powers of a trust company.

(b) The trust indenture may:

(1) pledge or assign the tolls, charges, and revenues from the

operation of the toll bridge or bridges; or

(2) mortgage all or part of the toll bridge or bridges.

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

Sec. 364.051. DEPOSITORY OF BOND PROCEEDS AND OTHER REVENUE.

(a) Any bank or trust company in this state may be the

depository of the proceeds of bonds issued under this chapter or

revenues derived from the operation of a toll bridge acquired

under this chapter.

(b) The cash proceeds of the sale shall be deposited in the

depository and shall be paid under the terms and conditions

agreed on by the commissioners court and the purchasers of the

bonds.

securities required by the county.

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

Sec. 364.052. RIGHTS OF BONDHOLDERS; RECEIVERS. (a) The trust

indenture or the order or resolution authorizing the issuance of

bonds under this chapter may include provisions to protect and

enforce the rights and remedies of bondholders, including

covenants determining the duties of the county in relation to:

(1) the acquisition of properties and the construction,

maintenance, operation, repair, and insurance of the toll bridge

or bridges; and

(2) the custody, safekeeping, and disposition of the county's

toll bridge revenues.

(b) The holder of a bond issued under this chapter, including

the trustee for a bondholder, in addition to all other rights may

by mandamus or other judicial proceeding enforce the bondholder's

rights against the county and its officers and employees,

including the right to:

(1) require the county and its commissioners court:

(A) to impose and collect sufficient tolls and charges to carry

out the agreements contained in the bond resolution or order or

the trust indenture; or

(B) to perform each agreement or covenant in the bond resolution

or trust indenture and each duty arising from the agreement or

covenant; or

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

toll bridge or bridges.

possession of and maintain a toll bridge and collect all revenues

and tolls derived from the bridge in the same manner as the

county. The receiver shall apply the money collected under this

subsection in accordance with the county's obligations under the

bond resolution or order or under the trust indenture and as the

court may direct.

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

Sec. 364.053. REFUNDING BONDS. The commissioners court by

resolution or order may issue bonds to refund outstanding bonds

that were issued under this chapter, subject to any restriction

in the bond resolutions or orders or in the trust indentures

relating to the issuance of the bonds.

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

Sec. 364.054. TAX EXEMPTIONS; PAYMENTS IN LIEU OF TAXES. (a) A

county carrying out this chapter may not be required to pay an

assessment on property acquired under this chapter.

(b) Bonds issued under this chapter, the transfer of those

bonds, and income from those bonds, including profits from their

sale, are exempt from taxation in this state.

from a private owner may make payments, in amounts determined by

the commissioners court, in lieu of ad valorem taxes previously

paid by the owner to any common or independent school district in

which the property is located. The payments are considered

operating expenses of the toll bridge for purposes of this

chapter.

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

Sec. 364.055. LIMITATIONS ON COUNTY AUTHORITY. Except as

provided by Section 364.045, this chapter does not authorize a

county to:

(1) impose or collect a tax or assessment or pledge the credit

of this state; or

(2) issue, sell, or deliver a bond, create an obligation, incur

a liability, or enter an agreement to be paid, performed, met, or

discharged using any tax or assessment.

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

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