Tex. Transp. Code Section 228.006
Use of Surplus Revenue


(a)

The commission shall authorize the use of surplus revenue of a toll project or system to pay the costs of a transportation project, highway project, or air quality project within a region in which any part of the toll project is located.

(a-1)

The department shall allocate the distribution of the surplus toll revenue to department districts in the region that are located in the boundaries of the metropolitan planning organization in which the toll project or system producing the surplus revenue is located based on the percentage of toll revenue from users in each department district of the project or system. To assist the department in determining the allocation, each entity responsible for collecting tolls for a project or system shall calculate on an annual basis the percentage of toll revenue from users of the project or system in each department district based on the number of recorded electronic toll collections.

(b)

The commission may not revise the formula as provided in the department’s unified transportation program, or its successor document, in a manner that results in a decrease of a district’s allocation because of a payment under Subsection (a).

(c)

The commission may not take an action under this section that violates, impairs, or is inconsistent with a bond order, trust agreement, or indenture governing the use of the surplus revenue.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 7.16, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 312, Sec. 39, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.37, eff. June 21, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.12, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.189 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.36, eff. June 14, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 2, eff. June 17, 2011.

Source: Section 228.006 — Use of Surplus Revenue, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­228.­htm#228.­006 (accessed Apr. 20, 2024).

228.001
Definitions
228.002
Agreements with Public Entities
228.003
Agreements with Other Governmental Agencies
228.004
Promotion of Toll Project
228.005
Revenue of Toll Project or System
228.006
Use of Surplus Revenue
228.007
Toll Lanes
228.008
Tolls on Exclusive Lane
228.009
Audit
228.010
Establishment of Toll Systems
228.011
Toll Projects in Certain Counties
228.012
Project Subaccounts
228.013
Determination of Financial Terms for Certain Toll Projects
228.0031
Agreements with Local Governments
228.051
Designation
228.052
Operation of Toll Project or System
228.053
Revenue
228.054
Toll Payment Required
228.0055
Use of Contract Payments and Other Revenue
228.055
Exceptions for Leased or Transferred Vehicle
228.056
Presumptions
228.057
Electronic Toll Collection
228.058
Automated Enforcement Technology
228.059
Toll Collection and Enforcement by Other Entity
228.101
Construction Costs
228.102
Issuance of Bonds
228.103
Applicability of Other Law
228.104
Payment of Bonds
228.105
Sources of Payment of and Security for Toll Revenue Bonds
228.106
Interim Bonds
228.107
Effect of Lien
228.108
Approval of Bonds by Attorney General
228.109
Trust Agreement
228.110
Provisions Protecting and Enforcing Rights and Remedies of Bondholders
228.111
Furnishing of Indemnifying Bonds or Pledge of Securities
228.112
Feasibility Study by Municipality, County, or Private Group
228.113
Trust Fund
228.114
Remedies
228.115
Exemption from Taxation or Assessment
228.116
Valuation of Bonds Securing Deposit of Public Funds
228.117
Funding for Department District
228.151
Lease, Sale, or Transfer of Toll Project or System
228.152
Discharge of Outstanding Bonded Indebtedness
228.153
Repayment of Department’s Expenditures
228.154
Approval of Agreement by Attorney General
228.201
Limitation on Toll Facility Designation
228.204
Rules
228.205
Queen Isabella Causeway
228.206
Toll Revenue
228.251
Definitions
228.252
Applicability of Other Law
228.253
Use of Federal Funds
228.254
Agreements Between Authority and Local Governmental Entities
228.0545
Toll Not Paid at Time of Use
228.0546
Invoice Requirements
228.0547
Payment of Toll Invoice

Accessed:
Apr. 20, 2024

§ 228.006’s source at texas​.gov