CHAPTER 451. METROPOLITAN RAPID TRANSIT AUTHORITIES

Statutes > Texas Statutes > TRANSPORTATION CODE > TITLE 6. ROADWAYS > CHAPTER 451. METROPOLITAN RAPID TRANSIT AUTHORITIES

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE K. MASS TRANSPORTATION

CHAPTER 451. METROPOLITAN RAPID TRANSIT AUTHORITIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 451.001. DEFINITIONS. In this chapter:

(1) "Alternate municipality" means a municipality that:

(A) has a population of more than 60,000;

(B) is located in a metropolitan area the principal municipality

of which has a population of more than 1.2 million; and

(2) "Authority" means a rapid transit authority created under

this chapter or under Chapter 141, Acts of the 63rd Legislature,

Regular Session, 1973.

(3) "Board" means the governing body of an authority.

(4) "Mass transit" means the transportation of passengers and

hand-carried packages or baggage of a passenger by a surface,

overhead, or underground means of transportation, or a

combination of those means, including motorbus, trolley coach,

rail, and suspended overhead rail transportation. The term does

not include taxicab transportation.

(5) "Metropolitan area" includes only an area in this state that

has a population density of not less than 250 persons for each

square mile and contains not less than 51 percent of the

incorporated territory of a municipality having a population of

230,000 or more. The area may contain other municipalities and

the suburban area and environs of other municipalities.

(6) "Motor vehicle" includes only a vehicle that is

self-propelled:

(A) by an internal combustion engine or motor;

(B) on two or more wheels; and

(7) "Principal municipality" means the municipality having the

largest population in a metropolitan area.

(8) "Transit authority system" means property:

(A) owned, rented, leased, controlled, operated, or held for

mass transit purposes by an authority; and

(B) situated on property of the authority for mass transit

purposes, including:

(i) for an authority created before 1980 in which the principal

municipality has a population of less than 1.2 million, public

parking areas and facilities; and

(ii) for an authority in which the principal municipality has a

population of more than 1.5 million, the area in boundaries in

which service is provided or supported by a general sales and use

tax.

(9) "Transportation disadvantaged" means the elderly, persons

with disabilities, and low-income individuals.

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

Amended by Acts 2001, 77th Leg., ch. 1038, Sec. 1, eff. Sept. 1,

2001.

Sec. 451.002. LIBERAL CONSTRUCTION. This chapter is to be

construed liberally to carry out its purposes.

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

Sec. 451.003. CHAPTER NOT APPLICABLE TO BICOUNTY AREA. This

chapter does not apply to an area composed of the territory of

two contiguous counties each of which contains a municipality

having a population of 350,000 or more.

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

SUBCHAPTER B. POWERS OF AUTHORITIES

Sec. 451.051. POWERS APPLICABLE TO CONFIRMED AUTHORITY. This

subchapter applies only to an authority that has been confirmed.

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

Sec. 451.052. NATURE OF AUTHORITY. (a) An authority:

(1) is a public political entity and corporate body;

(2) has perpetual succession; and

(3) exercises public and essential governmental functions.

(b) The exercise of a power granted by this chapter, including a

power relating to a station or terminal complex, is for a public

purpose and is a matter of public necessity.

Practice and Remedies Code, and the operations of the authority

are not proprietary functions for any purpose, including the

application of Chapter 101, Civil Practice and Remedies Code.

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

Sec. 451.053. RESPONSIBILITY FOR CONTROL OF AUTHORITY. Except

as provided by Section 451.106, the board is responsible for the

management, operation, and control of an authority and its

property.

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

Sec. 451.054. GENERAL POWERS OF AUTHORITY. (a) An authority

has any power necessary or convenient to carry out this chapter

or to effect a purpose of this chapter.

(b) An authority created by an alternate municipality has the

powers and duties of an authority in which the principal

municipality has a population of more than 1.2 million.

required to give security for costs in a suit brought or

prosecuted by the authority and may not be required to give a

supersedeas or cost bond in an appeal of a judgment.

(d) An authority may hold, use, sell, lease, dispose of, and

acquire, by any means, property and licenses, patents, rights,

and other interests necessary, convenient, or useful to the

exercise of any power under this chapter. Before an authority

acquires an interest in real property for more than $20,000, the

board shall have the property appraised by two appraisers working

independently of each other.

(e) An authority may sell, lease, or dispose of in another

manner:

(1) any right, interest, or property of the authority that is

not needed for, or, if a lease, is inconsistent with, the

efficient operation and maintenance of the transit authority

system; or

(2) at any time, surplus materials or other property that is not

needed for the requirements of the authority or for carrying out

a power under this chapter.

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

Sec. 451.055. CONTRACTS; GRANTS AND LOANS. (a) An authority

may contract with any person.

(b) An authority may accept a grant or loan from any person.

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

Sec. 451.056. OPERATION OF TRANSIT AUTHORITY SYSTEM. (a) An

authority may:

(1) acquire, construct, develop, own, operate, and maintain a

transit authority system in the territory of the authority,

including the territory of a political subdivision;

(2) contract with a municipality, county, or other political

subdivision for the authority to provide public transportation

services outside the authority; and

(3) lease all or a part of the transit authority system to, or

contract for the operation of all or a part of the transit

authority system by, an operator.

(b) An authority may not lease the entire transit authority

system under Subsection (a)(3) without the written approval of

the governing body of the principal municipality of the

authority.

authority in which the principal municipality has a population of

more than 1.2 million may contract for service outside each of

their respective territories to provide access between the two

authorities.

(d) An authority, as the authority determines advisable, shall

determine routes.

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

Sec. 451.057. ACQUISITION OF PROPERTY BY AGREEMENT. An

authority may acquire rolling stock or other property under a

contract or trust agreement, including a conditional sales

contract, lease, and equipment trust certificate.

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

Sec. 451.058. USE AND ACQUISITION OF PROPERTY OF OTHERS. (a)

For a purpose described by Section 451.056(a)(1) and as necessary

or useful in the construction, repair, maintenance, or operation

of the transit authority system, an authority may:

(1) use a public way, including an alley; and

(2) directly, or indirectly by another person, relocate or

reroute the property of another person or alter the construction

of the property of another person.

(b) For an act authorized by Subsection (a)(2), an authority may

contract with the owner of the property to allow the owner to

make the relocation, rerouting, or alteration by the owner's own

means or through a contractor of the owner. The contract may

provide for reimbursement of the owner for costs or payment to

the contractor.

real property, including a fee simple interest and the use of air

or subsurface space. The exercise of the right of eminent domain

may not unduly interfere with interstate commerce or authorize

the authority to run an authority vehicle on a railroad track

that is used to transport property.

(d) If an authority, through the exercise of a power under this

chapter, makes necessary the relocation or rerouting of, or

alteration of the construction of, a road, alley, overpass,

underpass, railroad track, bridge or associated property, an

electric, telegraph, telephone, or television cable line,

conduit, or associated property, or a water, sewer, gas, or other

pipeline or associated property, the relocation or rerouting or

alteration of the construction must be accomplished at the sole

cost and expense of the authority, and damages that are incurred

by an owner of the property must be paid by the authority.

(e) Unless the power of eminent domain is exercised, an

authority may not begin an activity authorized under Subsection

(a) to alter or damage the property of this state, a political

subdivision of this state, or a person providing a public

service, inconvenience the owners of property of this state, a

political subdivision of this state, or a person providing a

public service, or disrupt the provision of a public service

without having first received written permission from the owner

of the property.

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

Sec. 451.059. EMINENT DOMAIN PROCEEDINGS. (a) An eminent

domain proceeding by an authority is initiated by the adoption by

the board of a resolution that:

(1) describes the property interest to be acquired by the

authority;

(2) declares the public necessity for and interest in the

acquisition; and

(3) states that the acquisition is necessary and proper for the

construction, extension, improvement, or development of the

transit authority system.

(b) At least 30 days before the date of the adoption of a

resolution under Subsection (a), the board shall hold a public

hearing on the question of the acquisition. The hearing must be

held at a place convenient to the residents of the area where the

property to be acquired is located.

of general circulation in the county where the property is

located at least once each week for two weeks before the date of

the hearing.

(d) A resolution adopted under this section is conclusive

evidence of the public necessity for the acquisition described in

the resolution and that the property interest is necessary for

public use.

(e) Except as otherwise provided by this chapter, Chapter 21,

Property Code, applies to an eminent domain proceeding by an

authority.

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

Sec. 451.060. AGREEMENT WITH UTILITIES, CARRIERS. An authority

may agree with any other public or private utility, communication

system, common carrier, or transportation system for:

(1) the joint use of the property of the agreeing entities in

the authority; or

(2) the establishment of through routes, joint fares, or

transfers of passengers.

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

Sec. 451.061. FARES AND OTHER CHARGES. (a) An authority shall

impose reasonable and nondiscriminatory fares, tolls, charges,

rents, and other compensation for the use of the transit

authority system sufficient to produce revenue, together with tax

revenue received by the authority, in an amount adequate to:

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

transit authority system;

(2) pay when due the principal of and interest on, and sinking

fund and reserve fund payments agreed to be made with respect to,

all bonds that are issued by the authority and payable in whole

or part from the revenue; and

(3) fulfill the terms of any other agreement with the holders of

bonds described by Subdivision (2) or with a person acting on

behalf of the bondholders.

(b) It is intended by this chapter that the compensation imposed

under Subsection (a) and taxes imposed by the authority not

exceed the amounts necessary to produce revenue sufficient to

meet the obligations of the authority under this chapter.

zone system or other classification that the authority determines

to be reasonable.

(d) Except as provided by Subsection (d-1), the fares, tolls,

charges, rents, and other compensation established by an

authority in which the principal municipality has a population of

less than 1.2 million may not take effect until approved by a

majority vote of a committee composed of:

(1) five members of the governing body of the principal

municipality, selected by that governing body;

(2) three members of the commissioners court of the county

having the largest portion of the incorporated territory of the

principal municipality, selected by that commissioners court; and

(3) three mayors of municipalities, other than the principal

municipality, located in the authority, selected by:

(A) the mayors of all the municipalities, except the principal

municipality, located in the authority; or

(B) the mayor of the most populous municipality, other than the

principal municipality, in the case of an authority in which the

principal municipality has a population of less than 300,000.

(d-1) The establishment of or a change to fares, tolls, charges,

rents, and other compensation by an authority confirmed before

July 1, 1985, in which the principal municipality has a

population of less than 750,000, takes effect immediately on

approval by a majority vote of the board, except that the

establishment of or a change to a single-ride base fare takes

effect on the 60th day after the date the board approves the fare

or change to the fare, unless the policy board of the

metropolitan planning organization that serves the area of the

authority disapproves the fare or change to the fare by a

majority vote.

(e) This section does not limit the state's power to regulate

taxes imposed by an authority or other compensation authorized

under this section. The state agrees with holders of bonds issued

under this chapter, however, not to alter the power given to an

authority under this section to impose taxes, fares, tolls,

charges, rents, and other compensation in amounts sufficient to

comply with Subsection (a), or to impair the rights and remedies

of an authority bondholder, or a person acting on behalf of a

bondholder, until the bonds, interest on the bonds, interest on

unpaid installments of interest, costs and expenses in connection

with an action or proceeding by or on behalf of a bondholder, and

other obligations of the authority in connection with the bonds

are discharged.

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

Amended by:

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

1221, Sec. 4, eff. September 1, 2009.

Sec. 451.0611. ENFORCEMENT OF FARES AND OTHER CHARGES;

PENALTIES. (a) A board by resolution may prohibit the use of

the public transportation system by a person who fails to possess

evidence showing that the appropriate fare for the use of the

system has been paid and may establish reasonable and appropriate

methods to ensure that persons using the public transportation

system pay the appropriate fare for that use.

(b) A board by resolution may provide that a fare for or charge

for the use of the public transportation system that is not paid

incurs a penalty, not to exceed $100.

which a person is prohibited from using the transportation system

without possession of evidence showing that the appropriate fare

has been paid.

(d) A person commits an offense if:

(1) the person or another for whom the person is criminally

responsible under Section 7.02, Penal Code, uses the public

transportation system and does not possess evidence showing that

the appropriate fare has been paid; and

(2) the person fails to pay the appropriate fare or other charge

for the use of the public transportation system and any penalty

on the fare on or before the 30th day after the date the

authority notifies the person that the person is required to pay

the amount of the fare or charge and the penalty.

(e) The notice required by Subsection (d)(2) may be included in

a citation issued to the person under Article 14.06, Code of

Criminal Procedure, or under Section 451.0612, in connection with

an offense relating to the nonpayment of the appropriate fare or

charge for the use of the public transportation system.

(f) An offense under Subsection (d) is:

(1) a Class C misdemeanor; and

(2) not a crime of moral turpitude.

(g) An authority created before 1980 in which the principal

municipality has a population of less than 1.2 million may allow

peace officers of another political subdivision serving under a

contract with the authority to enforce a resolution passed by a

board under this section.

Added by Acts 2003, 78th Leg., ch. 1113, Sec. 2, eff. Sept. 1,

2003.

Amended by:

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

1072, Sec. 1, eff. June 15, 2007.

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

1221, Sec. 1, eff. September 1, 2009.

Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN AUTHORITIES.

(a) An authority confirmed before July 1, 1985, in which the

principal municipality has a population of less than 750,000 may

employ persons to serve as fare enforcement officers to enforce

the payment of fares for use of the public transportation system

by:

(1) requesting and inspecting evidence showing payment of the

appropriate fare from a person using the public transportation

system; and

(2) issuing a citation to a person described by Section

451.0611(d)(1).

(b) Before commencing duties as a fare enforcement officer, a

person must complete a 40-hour training course approved by the

authority that is appropriate to the duties required of a fare

enforcement officer.

(1) wear a distinctive uniform that identifies the officer as a

fare enforcement officer; and

(2) work under the direction of the authority's manager of

safety and security.

(d) A fare enforcement officer may:

(1) request evidence showing payment of the appropriate fare

from passengers of the public transportation system;

(2) request personal identification from a passenger who does

not produce evidence showing payment of the appropriate fare on

request by the officer;

(3) request that a passenger leave the public transportation

system if the passenger does not possess evidence of payment of

the appropriate fare; and

(4) file a complaint in the appropriate court that charges the

person with an offense under Section 451.0611(d).

(e) A fare enforcement officer may not carry a weapon while

performing duties under this section.

(f) A fare enforcement officer is not a peace officer and has no

authority to enforce a criminal law, other than the authority

possessed by any other person who is not a peace officer.

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

1221, Sec. 2, eff. September 1, 2009.

Sec. 451.062. POWER TO ENTER REAL PROPERTY. (a) The engineers,

employees, and other representatives of an authority may go on

any real property within the boundaries of the authority to:

(1) make surveys and examine the property with reference to the

location of works, improvements, plants, facilities, equipment,

or appliances of the authority; and

(2) attend to any authority business.

(b) Before a person described by Subsection (a) goes on any

property under the authority of that subsection, at least two

weeks' notice shall be given to the owners in possession.

section shall be restored as nearly as possible to the original

state at the sole expense of the authority.

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

Sec. 451.063. TAX EXEMPTION. The property, revenue, and income

of an authority are exempt from state and local taxes.

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

Sec. 451.064. PARKING AREAS: CERTAIN AUTHORITIES. (a) An

authority created before 1980 in which the principal municipality

has a population of less than 1.2 million may, with the approval

of the governing body of the principal municipality:

(1) establish, operate, and improve a public parking area or

facility in the authority; and

(2) set and collect reasonable charges for the use of a parking

area or facility.

(b) An authority described by Subsection (a) may regulate public

parking in public parking areas or facilities in the principal

municipality under an interlocal agreement with the principal

municipality according to which that power is delegated to the

authority.

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

Sec. 451.065. ROADWAYS, TRAILS, LIGHTING: CERTAIN AUTHORITIES.

(a) An authority confirmed before July 1, 1985, may, in the

authority:

(1) construct or maintain a highway, local or arterial street,

thoroughfare, or other road, including a bridge or grade

separation; and

(2) install or operate traffic control improvements, including

signals.

(b) An authority confirmed before 1985 may, in the authority:

(1) construct or maintain a sidewalk, hiking trail, or biking

trail;

(2) install or maintain streetlights; and

(3) in performing an activity under Subdivision (1) or (2), make

drainage improvements and take drainage-related measures as

reasonable and necessary for the effective use of the

transportation facility being constructed or maintained.

section through an agreement with another governmental entity,

including an agreement under Chapter 791, Government Code, with a

state agency listed under Section 771.002, Government Code.

(d) An authority may not perform an activity authorized by this

section in a municipality without:

(1) the consent of the governing body of the municipality; or

(2) a contract with the municipality specifying the actions that

the authority may undertake.

(e) Subsection (a) does not apply to the performance of an

action undertaken by the authority under Section 451.056(a)(1) or

451.058.

(f) This section does not apply to an authority created before

1980 in which the principal municipality has a population of less

than 1.2 million.

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

Sec. 451.066. SPENDING LIMITATION: TRAILS AND LIGHTING IN

CERTAIN AUTHORITIES. (a) An authority confirmed before 1980 in

which the principal municipality has a population of more than

1.2 million may not spend, during any five-year period, more than

seven percent of its revenue from sales and use taxes and

interest income during that period for all items described by

Section 451.065(b).

(b) For a fiscal year in which an authority described by

Subsection (a) spends an amount that exceeds the limit in

Subsection (a), the registered voters of the authority, by

petition, may require that an election be held on the question of

eliminating or reducing expenditures in any category authorized

by Section 451.065(b) and not otherwise authorized by Section

451.065(a). The board shall call an election in the authority to

be held on the first uniform election date at least 60 days after

the date the election order is issued if the secretary of state:

(1) finds that a petition for the election is valid; or

(2) fails to act within the time required by Subsection (d).

(1) it is signed by registered voters of the authority in a

number equal to at least 10 percent of the number of votes cast

in the authority in the preceding gubernatorial election;

(2) the signatures meeting the requirement in Subdivision (1)

are collected not earlier than the 90th day before the date the

petition is presented to the board; and

(3) it is presented to the board on or before the second

anniversary of the last day of the fiscal year during which the

expenditures exceeded the limitation.

(d) After receiving a petition under this section, the board

shall send it to the secretary of state. The secretary of state

shall, not later than the 30th day after the date the petition is

received, determine whether the petition is valid and notify the

board of the determination.

(e) The ballots for the election must provide for voting for or

against the following proposition: "The (reduction or

elimination) of expenditures for _____________ (category of

spending to be reduced or eliminated)."

(f) A reduction or elimination of expenditures that is approved

by a majority of the votes received on the measure in the

election is effective.

(g) The authority shall pay the costs of:

(1) determining the validity of a petition; and

(2) conducting the election.

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

Sec. 451.067. EMERGENCY MEDICAL SERVICES: CERTAIN AUTHORITIES.

An authority in which the principal municipality has a population

of less than 300,000 may provide emergency medical services.

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

Sec. 451.068. FREE FARES PROGRAM: CERTAIN AUTHORITIES. (a) An

authority confirmed before July 1, 1985, and in which the

principal municipality has a population of less than 750,000 may,

through the operation of a program, charge no fares.

(b) A program under this section:

(1) must have clearly defined goals adopted by the authority;

(2) expires annually, unless renewed; and

(3) may be renewed only after the program's costs and benefits

are evaluated.

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

Sec. 451.070. ELECTIONS. (a) In an election ordered by a

board:

(1) the board shall give notice of the election by publication

in a newspaper of general circulation in the authority at least

once each week for three consecutive weeks, with the first

publication occurring at least 21 days before the date of the

election; and

(2) a resolution ordering the election and the election notice

must show, in addition to the requirements of the Election Code,

the hours of the election and polling places in election

precincts.

(b) Subsection (a) does not apply to an election under

Subchapter N.

is timely notified as required by Section 451.413.

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

Sec. 451.071. REFERENDUM FOR RAIL PLAN; CERTAIN AUTHORITIES.

(a) This section applies only to an authority confirmed before

July 1, 1985, in which the principal municipality has a

population of less than 750,000.

(b) The authority may hold a referendum on whether the authority

may operate a fixed rail transit system. At the election the

ballots shall be printed to permit voting for or against the

following proposition: "The operation of a fixed rail system by

(name of authority)."

include a general description of the form of the fixed rail

transit system, including the general location of any proposed

routes.

(d) If a majority of the votes cast are in favor of the

proposition, the authority may build and operate the system as

provided in the notice for the election. If less than a majority

of the votes cast are in favor of the proposition, the authority

may not expend funds of the authority to purchase, acquire,

construct, operate, or maintain any form of a fixed rail transit

system unless the system is approved by a majority of the votes

cast at a referendum held by the authority for that purpose.

(e) A subsequent referendum under Subsection (d):

(1) may be held more than once;

(2) is held in the same manner as the initial referendum; and

(3) must be held at the general election in November of an

even-numbered year.

(f) A referendum on a proposal to expand a system approved under

this section may be held on any date specified in Section 41.001,

Election Code, or a date chosen by order of the board of the

authority, provided that:

(1) the referendum is held no earlier than the 62nd day after

the date of the order; and

(2) the proposed expansion involves the addition of not more

than 12 miles of track to the system.

(g) This section does not require the authority to hold a

referendum on a proposal to enter into a contract or interlocal

agreement to build, operate, or maintain a fixed rail transit

system for another entity. Notwithstanding Subsection (d), the

authority may spend funds of the authority to enter into a

contract and operate under that contract to build, operate, or

maintain a fixed rail transit system if the other entity will

reimburse the authority for the funds.

(h) A referendum held by a political subdivision, the authority,

or an entity other than the authority at which funding is

approved for a fixed rail transit system is considered to meet

the requirements of Subsections (d) and (e) and Section 451.3625

if the notice for the election called by the political

subdivision, the authority, or other entity contains the

description required by Subsection (c). The referendum may allow

for financial participation of more than one political

subdivision or entity. The authority may only spend funds of the

authority if the referendum authorizes that expenditure.

Added by Acts 1997, 75th Leg., ch. 472, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 542, Sec. 1, eff. June

11, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.84, eff. June 14, 2005.

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

1221, Sec. 5, eff. September 1, 2009.

Sec. 451.072. GENERAL AUTHORITY TO CALL ELECTION: CERTAIN

AUTHORITIES. (a) This section applies only to an authority in

which the principal municipality has a population of more than

1.2 million.

(b) The board of an authority may call an election to determine

the voters' will on any issue that the board is authorized to

decide under this chapter or on the exercise of any discretionary

power of the board under this chapter. At the time the board

orders the election, the board shall specify whether the results

of the election are binding on the authority.

election called under this section. A ballot proposition is

approved if a majority of the voters voting at the election favor

the proposition.

Added by Acts 2001, 77th Leg., ch. 612, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER C. MANAGEMENT OF AUTHORITY

Sec. 451.101. BOARD POWERS. A board may:

(1) employ a general manager and other persons necessary for the

conduct of the affairs of the authority, including operating or

management companies;

(2) prescribe the duties, compensation, and tenure of persons

employed;

(3) remove an employee;

(4) adopt a seal for the authority;

(5) set the fiscal year for the authority;

(6) establish a complete system of accounts for the authority;

(7) invest the funds of the authority in direct or indirect

obligations of the United States, this state, or a political

subdivision of this state;

(8) purchase, with funds of the authority, certificates of

deposit of state or national banks or savings and loan

associations in this state if the certificates are secured in the

same manner that the funds of a county of this state are required

to be secured;

(9) designate by resolution an authorized representative of the

authority to, according to terms prescribed by the board:

(A) invest authority funds; and

(B) withdraw money from authority accounts for investments; and

(10) designate by resolution an authorized representative of the

authority to supervise the substitution of securities pledged to

secure authority funds.

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

Sec. 451.102. BUDGET. (a) A board shall adopt an annual

operating budget of all major expenditures by type and amount.

The board shall adopt the budget before the beginning of the

fiscal year to which the budget applies and before the authority

may conduct any business in the fiscal year.

(b) The board shall hold a public hearing on a proposed annual

operating budget before adopting the budget and shall, at least

14 days before the date of the hearing, make the proposed budget

available to the public.

amend an annual operating budget.

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

Sec. 451.103. OPERATING EXPENDITURES. An authority may not

spend for operations money in excess of the total amount

specified for operating expenses in the annual operating budget.

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

Sec. 451.104. INVESTMENT POWERS: CERTAIN AUTHORITIES. An

authority created before 1980 and in which the principal

municipality has a population of less than 1.2 million has the

same investment powers as an entity under Subchapter A, Chapter

2256, Government Code.

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

Sec. 451.105. DEPOSITORY; DEPOSIT OF FUNDS. (a) A board shall

designate one or more banks as depositories for authority funds.

(b) All funds of an authority shall be deposited in one or more

of the authority's depository banks unless an order or resolution

authorizing the issuance of an authority bond or note requires

otherwise.

not insured by the Federal Deposit Insurance Corporation, shall

be secured in the manner provided by law for the security of

county funds.

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

Sec. 451.106. GENERAL MANAGER; MANAGEMENT POLICIES: CERTAIN

AUTHORITIES. (a) The board of an authority in which the

principal municipality has a population of less than 750,000 or

more than 1.2 million shall employ a general manager to

administer the daily operation of the authority. The general

manager may, subject to the annual operating budget and to the

personnel policies adopted by the board, employ persons to

conduct the affairs of the authority and prescribe their duties

and compensation.

(b) Only the general manager may remove an employee. A removal

is subject to board personnel policies.

contract with others for the performance of work or provision of

materials for the authority.

(d) The board shall adopt policies clearly defining the

respective duties of the board and the authority's staff.

(e) This section applies only to an authority described by

Subsection (a).

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

Sec. 451.107. RULES. (a) The board by resolution may adopt

rules for:

(1) the safe and efficient operation and maintenance of the

transit authority system;

(2) the use of the transit authority system and the authority's

services by the public and the payment of fares, tolls, and other

charges; and

(3) the regulation of privileges on property owned, leased, or

otherwise controlled by the authority.

(b) A notice of each rule adopted by the board shall be

published in a newspaper with general circulation in the area in

which the authority is located once each week for two consecutive

weeks after adoption of the rule. The notice must contain a

condensed statement of the substance of the rule and must advise

that a copy of the complete text of the rule is filed in the

principal office of the authority, where the text may be read by

any person.

second publication of the notice under this section.

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

Sec. 451.1075. PROHIBITION OF CONSUMPTION OF ALCOHOLIC BEVERAGE.

(a) A board by resolution may prohibit the consumption of an

alcoholic beverage on property an authority possesses or

controls. The resolution must describe with particularity each

place where consumption of an alcoholic beverage is prohibited.

(b) The authority shall post a sign in each place where

consumption of an alcoholic beverage is prohibited under this

section. The sign must indicate that a person may not consume an

alcoholic beverage in that place.

alcoholic beverage in a place where the consumption of an

alcoholic beverage is prohibited under this section.

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

(e) In this section, "alcoholic beverage" has the meaning

assigned by Section 1.04, Alcoholic Beverage Code.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.25(a), eff. Sept.

1, 1997.

Sec. 451.108. PEACE OFFICERS. (a) An authority may commission

and employ peace officers.

(b) An authority created before 1980 in which the principal

municipality has a population of less than 1.2 million may

establish a security force, employ security personnel, and

commission security personnel as peace officers.

provided by Subsections (d) and (e), or a peace officer

contracted for employment by an authority confirmed before July

1, 1985, in which the principal municipality has a population of

less than 750,000, may:

(1) make an arrest in any county in which the transit authority

system is located as necessary to prevent or abate the commission

of an offense against the law of this state or a political

subdivision of this state if the offense or threatened offense

occurs on or involves the transit authority system;

(2) make an arrest for an offense involving injury or detriment

to the transit authority system;

(3) enforce traffic laws and investigate traffic accidents that

involve or occur in the transit authority system; and

(4) provide emergency and public safety services to the transit

authority system or users of the transit authority system.

(d) A peace officer who holds a commission under this section

from an authority in which the principal municipality has a

population of more than 1.5 million and who has filed with the

authority the oath of a peace officer has all the powers,

privileges, and immunities of peace officers in the counties in

which the transit authority system is located, provides services,

or is supported by a general sales and use tax.

(e) A peace officer who holds a commission under this section

from an authority created before 1980 in which the principal

municipality has a population of less than 1.2 million and who

has filed with the authority the oath of a peace officer has all

the powers, privileges, and immunities of peace officers in the

counties in which the transit authority system is located,

provides services, or is supported by a general sales and use tax

while the peace officer is on the transit authority system

property or performing duties in connection with the transit

authority system or its users.

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

Amended by Acts 2003, 78th Leg., ch. 142, Sec. 1, eff. Sept. 1,

2003.

Amended by:

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

1221, Sec. 3, eff. September 1, 2009.

Sec. 451.109. ADVISORY COMMITTEE. (a) A board may establish

one or more advisory committees to make recommendations to the

board or the general manager on the operation of the authority. A

committee has the purposes, powers, and duties, including the

manner of reporting its work, prescribed by the board. A

committee and each committee member serves at the will of the

board.

(b) The board shall appoint persons to the advisory committee

who:

(1) are selected from a list provided by the general manager;

and

(2) have knowledge about and interests in, and represent a broad

range of viewpoints about, the work of the committee.

the authority for committee service but is entitled to

reimbursement for actual and necessary expenses incurred in the

performance of committee service.

(d) This section does not apply to an authority in which the

principal municipality has a population of 750,000 or more but

not more than 1.2 million.

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

Sec. 451.110. PURCHASES: COMPETITIVE BIDDING. (a) Except as

provided by Subsection (c) and by Subchapter Q, a board may not

contract for the construction of an improvement or the purchase

of any property, except through competitive bidding after notice

of the contract proposal. The notice must be published in a

newspaper of general circulation in the area in which the

authority is located at least once each week for two consecutive

weeks before the date set for receiving the bids. The first

notice must be published at least 15 days before the date set for

receiving bids.

(b) The board may adopt rules on:

(1) the taking of bids;

(2) the awarding of contracts; and

(3) the waiver of the competitive bidding requirement:

(A) if there is an emergency;

(B) if there is only one source for the purchase; or

real property, if:

(i) competitive bidding is inappropriate because the procurement

requires design by the supplier and if competitive negotiation,

with proposals solicited from an adequate number of qualified

sources, will permit reasonable competition consistent with the

procurement; or

(ii) it is ascertained after solicitation that there will be

only one bidder.

(1) $25,000 or less;

(2) the purchase of real property;

(3) personal or professional services; or

(4) the acquisition of an existing transit system.

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

Amended by Acts 1999, 76th Leg., ch. 1479, Sec. 1, eff. June 19,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1277, Sec. 2, eff. September 1, 2005.

Sec. 451.111. PURCHASES: NOTICE OF NONCOMPETITIVE BID PROPOSALS.

(a) Except as provided by Subchapter Q, unless the posting

requirement in Subsection (b) is satisfied, a board may not let a

contract that is:

(1) for more than $25,000; and

(2) for:

(A) the purchase of real property; or

(B) consulting or professional services.

(b) An announcement that a contract to which this section

applies is being considered must be posted in a prominent place

in the principal office of the authority for at least two weeks

before the date the contract is awarded.

awarded through competitive bidding or for the purchase of an

existing transit system.

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

Amended by Acts 1999, 76th Leg., ch. 1479, Sec. 2, eff. June 19,

1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1277, Sec. 3, eff. September 1, 2005.

Sec. 451.112. CONFLICTS OF INTEREST: BOARD MEMBERS. Chapter

171, Local Government Code, applies to a board member of an

authority, except that an authority created before 1980 in which

the principal municipality has a population of less than 1.2

million may not enter into a contract or agreement with a

business entity in which a board member or the general manager

owns five percent or more of the voting stock or shares of the

entity or receives funds from the entity exceeding five percent

of the member's or general manager's gross income. A contract

executed by an authority in violation of this section is

voidable.

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

Sec. 451.113. DRIVING ON CERTAIN AUTHORITY RIGHT-OF-WAY;

PENALTY. (a) A person commits an offense if, as the operator of

a motor vehicle, the person drives on a designated right-of-way

of an authority that is used in connection with a motor bus rapid

transit system.

(b) It is an exception to the application of Subsection (a) that

the person:

(1) was driving a motor vehicle owned or under the control of

the authority and was authorized to drive the vehicle on the

designated right-of-way; or

(2) was driving an authorized emergency vehicle, as defined by

Section 541.201, and responding to a call.

in Article 2.12, Code of Criminal Procedure, in whose

jurisdiction the offense is committed.

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

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

1209, Sec. 1, eff. September 1, 2007.

SUBCHAPTER D. STATION OR TERMINAL COMPLEX SYSTEMS

Sec. 451.151. STATION OR TERMINAL COMPLEX: SYSTEM PLAN. (a) An

authority may not acquire an interest in real property for a

station or terminal complex unless the station or terminal

complex is included in the transit authority system in a

comprehensive transit plan approved by a resolution of the board.

A mass transit facility of an authority is not a station or

terminal complex under this subchapter unless the facility is

included in the authority's comprehensive transit plan under this

section.

(b) A station or terminal complex may not be included in a

transit authority system unless the board first finds that the

station or complex:

(1) will encourage and provide for efficient and economical mass

transit;

(2) will facilitate access to mass transit and provide for other

mass transit purposes;

(3) will reduce vehicular congestion and air pollution in the

metropolitan area; and

(4) is reasonably essential to the successful operation of the

transit authority system.

amend the authority's comprehensive transit plan to include a

station or terminal complex.

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

Sec. 451.152. STATION OR TERMINAL COMPLEX: FACILITIES. A

station or terminal complex of an authority:

(1) must include adequate provision for the transfer of

passengers among the various means of transportation available to

the complex; and

(2) may include provision for residential, institutional,

recreational, commercial, and industrial facilities.

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

Sec. 451.153. APPROVAL OF MUNICIPALITY. The location of a

station or terminal complex in a municipality or in the

extraterritorial jurisdiction of a municipality must be approved,

as to conformity with the comprehensive or general plan of the

municipality, by a motion, resolution, or ordinance adopted by

the governing body of the municipality.

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

Sec. 451.154. STATION OR TERMINAL COMPLEX: LIMITATION ON REAL

PROPERTY ACQUISITION. (a) An interest in real property may not

be acquired for station or terminal complex facilities described

by Section 451.152(2) unless the property:

(1) is 1,500 feet or less from the center point of the station

or terminal complex; or

(2) if farther than 1,500 feet from the center point of the

station or terminal complex, is included in a master development

plan adopted by the board and not acquired by eminent domain.

(b) Notwithstanding Subsection (a), an authority created before

1980 in which the principal municipality has a population of less

than 1.2 million may acquire, including through the use of

eminent domain, an interest in real property for facilities if

the property:

(1) is 2,500 feet or less from the center point of the station

or terminal complex; or

(2) is included in a master development plan adopted by the

board.

which this section applies, the board shall designate the center

point of the station or terminal complex.

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

Sec. 451.155. TRANSFER OF REAL PROPERTY IN STATION OR TERMINAL

COMPLEX. (a) An authority may transfer to any person by any

means, including a sale or lease, an interest in real property in

a station or terminal complex and may contract with respect to

it, in accordance with the comprehensive transit plan approved by

the board and subject to terms:

(1) the board finds to be in the public interest or necessary to

carry out this section; and

(2) the instrument transferring the title or right of use

specifies.

(b) A transfer must be at the fair value of the interest

transferred considering the use designated for the real property

in the authority's comprehensive transit plan.

section was acquired by eminent domain or the threat of eminent

domain has a first right to purchase the property at the price

for which the property is offered to the public.

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

SUBCHAPTER E. REGIONAL ECONOMIC DEVELOPMENT FACILITIES IN

STATIONS OR TERMINAL COMPLEXES

Sec. 451.201. DEFINITION. In this subchapter, "regional

economic development facilities" includes only those facilities

that will lead to the creation of new jobs, maintain existing

jobs, or generally improve the conditions under which a local

economy may prosper. The term includes facilities primarily used

for conventions, entertainment, special events, or professional

or amateur sports.

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

Sec. 451.202. APPLICATION OF SUBCHAPTER LIMITED TO CERTAIN

AUTHORITIES. This subchapter applies only to an authority

created before 1980 in which the principal municipality has a

population of less than 1.2 million.

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

Sec. 451.203. STATION OR TERMINAL COMPLEX: REGIONAL ECONOMIC

DEVELOPMENT FACILITIES IN CERTAIN AUTHORITIES. In addition to

other facilities authorized by Subchapter D, a station or

terminal complex may include regional economic development

facilities that are approved by:

(1) the board;

(2) the governing body of the principal municipality in the

authority; and

(3) the governing body of the municipality, other than the

principal municipality, in which the station or terminal complex

containing the facilities is located or in whose extraterritorial

jurisdiction the station or terminal complex is located.

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

Sec. 451.204. CONTRACTS FOR REGIONAL ECONOMIC DEVELOPMENT

FACILITIES. (a) An authority may:

(1) plan, acquire, establish, develop, construct, improve,

maintain, operate, regulate, protect, and police the regional

economic development facility portion of a station or terminal

complex; or

(2) agree with any person for the execution, in whole or part,

of the activities described by Subdivision (1).

(b) An agreement made under Subsection (a)(2) is not effective

unless the governing body of the principal municipality in the

authority approves the agreement.

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

Sec. 451.205. STATION OR TERMINAL COMPLEX: REGIONAL ECONOMIC

DEVELOPMENT FACILITIES ADDITIONAL TAX. (a) An authority may

increase its sales and use tax rate, not to exceed the rate

authorized by Sections 451.404 and 451.405, to provide for the

planning, acquisition, establishment, development, and

construction of a station or terminal complex that includes

regional economic development facilities if a majority of the

votes received in an election called for that purpose approve the

increase.

(b) An election under Subsection (a) may be called only if both

the governing body of the principal municipality and the board by

resolution order the election after:

(1) a petition requesting an election is submitted to the board;

(2) the board and the governing body hold separate public

hearings on the ballot proposition; and

(3) notice is given of the intent to vote on the tax rate

increase.

(1) a statement or description of the purpose of the tax rate

increase; and

(2) a statement that after five years the revenue from the tax

rate increase may be used only for mass transit purposes other

than the regional economic development facilities portion of the

station or terminal complex, and then only if approved by the

voters at an election held at that time.

(d) To be valid, a petition under Subsection (b) must:

(1) contain signatures of at least 10 percent of the registered

voters of the authority collected not earlier than the 180th day

before the date the petition is submitted to the board;

(2) state that the petition is intended to initiate an election

to increase the rate of the sales and use tax of the authority

for the purpose of establishing and operating a regional economic

development facility; and

(3) include the ballot proposition for the election.

(e) The ballot proposition must contain a specific description

of the regional economic development facilities projects to be

financed by the revenue from the tax rate increase.

(f) A petition is considered to be valid if the board fails to

act on the petition before the 31st day after the date the

petition is submitted to the board.

(g) An election under this section may not be held earlier than

the first anniversary after the date of a previous election to

approve a tax rate increase under this section.

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

Sec. 451.206. USE OF REVENUE FOR REGIONAL ECONOMIC DEVELOPMENT

FACILITIES. (a) Revenue received from the collection of the

authority's sales and use tax at the rate equal to the amount of

the rate increase adopted under this subchapter may be used only

to finance a project described in the ballot proposition.

(b) The dedication of revenue under Subsection (a) expires on

the fifth anniversary of the date the sales and use tax rate

increase takes effect in the authority.

facilities portion of a station or terminal complex may be used

for other purposes.

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

Sec. 451.207. CONTINUATION OF TAX RATE INCREASE. On the

expiration of the dedication of an authority's sales and use tax

rate increase revenue as provided by Section 451.206, the board

shall decrease the authority's sales and use tax rate to its

previous rate unless:

(1) the board determines that the revenue from the increased

rate is necessary for purposes other than the regional economic

development facilities portion of the station or terminal

complex;

(2) the board submits the question of the continuation of the

increased rate to the voters of the authority at an election held

as provided by this chapter; and

(3) at the election, a majority of the votes received on the

measure favor the continuation of the increased tax rate.

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

SUBCHAPTER F. SPECIAL PROGRAMS AND SERVICES

Sec. 451.251. CONTRACT GOALS FOR DISADVANTAGED BUSINESSES. An

authority that does not have an up-to-date disadvantaged business

enterprise program, as defined by 49 C.F.R. Part 23, to assist

minorities and women in participating in authority contracts

should establish goals for that participation. The recommended

contract goals are:

(1) 17 percent for construction, 11 percent for purchasing, and

24 percent for professional services; or

(2) the weighted average equivalent of the categories in

Subdivision (1).

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

Sec. 451.252. MINORITY AND DISADVANTAGED INDIVIDUALS PROGRAM:

CERTAIN AUTHORITIES. (a) The board of an authority confirmed

before July 1, 1985, shall establish a program to encourage

participation in contracts of the authority by businesses owned

by minorities or disadvantaged individuals.

(b) This section does not apply to an authority created before

1980 in which the principal municipality has a population of less

than 1.2 million.

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

Sec. 451.253. MINORITY AND WOMEN-OWNED BUSINESS PROGRAM: CERTAIN

AUTHORITIES. (a) An authority with a regional economic

development facility approved under Subchapter E may establish a

program reasonably designed to increase the participation of

minority and women-owned businesses in public contracts awarded

by the authority, and if the program is established, the board

shall provide a plan to assist minority and women-owned

businesses in the area served by the authority to achieve the

purposes of the program. If the board establishes an overall

minority and women-owned business contract percentage goal as a

part of the program, the goal may not exceed the capability of

the minority and women-owned businesses in the area served by the

authority to perform the number and type of contracts awarded by

the authority, as determined by a qualified, independent source.

(b) The board shall periodically review the effectiveness of the

program and the reasonableness of the program goals.

but prospective bidders may be required to meet uniform standards

designed to assure a reasonable degree of participation by

minority and women-owned businesses in the performance of any

contract.

(d) In this section:

(1) "Minority" includes blacks, Hispanics, Asian Americans,

American Indians, and Alaska natives.

(2) "Minority business" means a business concern more than 50

percent of which is owned and controlled in management and daily

operations by members of one or more minorities.

(3) "Women-owned business" means a business concern more than 50

percent of which is owned and controlled in management and daily

operations by one or more women.

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

Sec. 451.254. PROGRAM FOR PERSONS WITH PHYSICAL DISABILITIES:

CERTAIN AUTHORITIES. (a) The board of an authority confirmed

before July 1, 1985, shall promote the availability and use of

transportation services of the authority by persons who have

physical disabilities by establishing a program that:

(1) is designed to meet the specific transportation problems of

those persons; and

(2) establishes the means by which transportation services are

to be provided to those persons.

(b) Before establishing a program under this section, the board

shall hold public hearings relating to the establishment and

operation of the program.

1980 in which the principal municipality has a population of less

than 1.2 million.

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

Sec. 451.255. TRANSPORTATION FOR JOBS PROGRAM PARTICIPANTS. (a)

An authority shall contract with the Texas Department of Human

Services to provide, in accordance with federal law,

transportation services to a person who:

(1) resides in the area served by the authority;

(2) is receiving financial assistance under Chapter 31, Human

Resources Code; and

(3) is regi

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CHAPTER 451. METROPOLITAN RAPID TRANSIT AUTHORITIES