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
(C) in one or more counties adjacent to the county;
(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.
(c) A project or any portion of a project that is owned by the
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.
(c) A county may not take an action under this section that
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.
(c) The goals apply to the total value of all contracts and
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).
(c) Except as provided by Subsection (d), a project becomes 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.
(c) If the commission agrees to the transfer under Subsection
(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.
(c) After commission authorization, the county may transfer each
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.
(c) In computing the cost of the ferry, the commission shall:
(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.
(c) The bonds issued under this chapter may be authorized by
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.
(c) The bond resolution authorizing interim bonds may provide
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.
(c) The authority to issue the revenue bonds is subject to the
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.
(c) Notwithstanding Subsection (a), bond proceeds that remain
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
(C) custody, safeguarding, and application of money;
(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.
(c) A bond instrument may contain provisions restricting the
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.
(c) Except as provided by Section 284.0615, if applicable, the
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.
(c) An agreement entered into under this section, in addition to
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.
(c) A contract made under this section may not interfere with
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.
(c) A project may be pooled more than once.
(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.
(c) The operating board's authority is subject to the
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
(C) pertinent educational programs related to a project; 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.
(c) A member of an operating board is entitled to receive as
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.
(c) Any county into which the project extends, by condemnation
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.
(c) The county may take and retain possession of a vehicle
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.
(c) The registered owner of a vehicle for which the proper toll
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
(c) if the registered owner of the vehicle is a lessor of the
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;
or
(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
(c) if the registered owner of the vehicle transferred ownership
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.
(c) It is a defense to prosecution under Section 284.0701(c),
(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
(C) a street, road, alley, highway, or other public or private
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.
(c) A receiver shall dispose of the money collected in
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.
(c) If the registered owner of the vehicle fails to pay a toll
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.
(c) In a county with a population of 3.3 million or more, money
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