CHAPTER 282. TOLL UNDERPASS OR TUNNEL IN CERTAIN COUNTIES
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE D. ROAD LAWS RELATING TO PARTICULAR COUNTIES
CHAPTER 282. TOLL UNDERPASS OR TUNNEL IN CERTAIN COUNTIES
Sec. 282.001. APPLICABILITY OF CHAPTER. This chapter applies
only to a county with a population of 350,000 or more.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.002. GRANT OF FRANCHISE AUTHORIZED. The commissioners
court of a county may grant to a person a franchise for the
construction, maintenance, and operation of a toll underpass or
tunnel under a body of water and any necessary approach to the
underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.003. TERM OF FRANCHISE. The term of a franchise
granted under this chapter may not exceed 50 years.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.004. CONTRACT AUTHORIZED. The commissioners court may
contract with the franchisee to finance, construct, own,
maintain, and operate a toll underpass or tunnel and any
approach.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.005. MAINTENANCE REQUIRED. (a) The franchise must be
conditioned on the franchisee's building and keeping in
continuous repair, for the term of the franchise, the toll
underpass or tunnel and any approach in accordance with the plans
and specifications in the contract and franchise.
(b) The contract and franchise must provide that the franchisee
keep the underpass or tunnel and any approach in continuous
repair during the term of the contract or franchise.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.006. TOLL. The commissioners court and the franchisee
shall agree on a reasonable toll to impose for all cattle,
railroads, persons, or vehicles that pass through the underpass
or tunnel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.007. OPTION OF COUNTY TO PURCHASE. The contract and
franchise granted may provide that the county has the right to
purchase the underpass or tunnel at the time and price specified
by the contract or franchise.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.008. OWNERSHIP BY COUNTY AUTHORIZED. The commissioners
court may provide for the county to construct, acquire, own, and
operate an underpass or tunnel and any necessary approach as part
of the county's road and bridge system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.009. CROSSING UNDER NAVIGABLE BODY OF WATER. The
franchise must provide that the underpass or tunnel be
constructed so that, where it crosses a navigable body of water,
the tunnel or underpass is at a depth below the fixed navigable
depth of the body of water adequate to comply with law and the
rules and regulations of a state authority or department of the
United States government in charge of the body of water.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.010. TOLL BY COUNTY AUTHORIZED. The commissioners
court of a county that operates an underpass or tunnel may impose
a toll for use of the underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.011. CONDEMNATION OF RIGHT-OF-WAY OR EASEMENT. A
county may condemn a right-of-way or easement in real property
necessary to construct an underpass, tunnel, or approach.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 282.012. GRANTS OR LOANS OF PUBLIC FUNDS. A commissioners
court may enter into an agreement that relates to a grant or loan
of public funds from the federal government as necessary to carry
out this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.