Tex. Transp. Code Section 228.104
Payment of Bonds; Credit of State Not Pledged


(a)

The principal of, interest on, and any redemption premium on bonds issued by the commission under this subchapter are payable solely from:

(1)

the revenue of the toll project or system for which the bonds are issued, including tolls pledged to pay the bonds;

(2)

the proceeds of bonds issued for the project or system;

(3)

the amounts deposited in a debt service reserve fund as required by the trust agreement securing bonds issued for the project or system;

(4)

amounts received under a credit agreement relating to the project or system for which the bonds are issued;

(5)

surplus revenue of another project or system as authorized by Section 228.006 (Use of Surplus Revenue); and

(6)

amounts received by the department:

(A)

as pass-through tolls under Section 222.104 (Pass-through Tolls);

(B)

under an agreement with a local governmental entity entered into under Section 228.254 (Agreements Between Authority and Local Governmental Entities);

(C)

under other agreements with a local governmental entity relating to the project or system for which the bonds are issued; and

(D)

under a comprehensive development agreement entered into under Section 223.201 (Authority).

(b)

Bonds issued under this subchapter do not constitute a debt of the state or a pledge of the faith and credit of the state. Each bond must contain on its face a statement to the effect that:

(1)

the state, the commission, and the department are not obligated to pay the bond or the interest on the bond from a source other than the amount pledged to pay the bond and the interest on the bond; and

(2)

the faith and credit and the taxing power of the state are not pledged to the payment of the principal of or interest on the bond.

(c)

The commission and the department may not incur financial obligations that cannot be paid from tolls or revenue derived from owning or operating toll projects or systems or from money provided by law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.06, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 312, Sec. 24, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.24, eff. June 21, 2003; Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 1.06, eff. Jan. 11, 2004.
Transferred from Transportation Code, Section 361.173 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.42, eff. June 14, 2005.

Source: Section 228.104 — Payment of Bonds; Credit of State Not Pledged, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­228.­htm#228.­104 (accessed May 4, 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:
May 4, 2024

§ 228.104’s source at texas​.gov