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.
(c) The county may acquire a toll bridge owned by a corporation
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;
or
(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.
(c) This section does not apply to a county with a population of
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.
(c) To accomplish the purposes of this section, the county may
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.
(c) The county may impose a fee, rental, or other charge for the
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.
(c) The commissioners court may use revenue received under this
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.
(c) Except as required by Section 364.045, a county by
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.
(c) A revenue bond issued under this chapter must include the
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.
(c) The election order and notice of election must include:
(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;
or
(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.
(c) A depository may furnish the indemnity bonds or pledge the
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.
(c) A receiver appointed under this section may enter and take
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.
(c) A county that purchases a toll bridge under this chapter
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.