Tex. Transp. Code Section 228.254
Agreements Between Authority and Local Governmental Entities


(a)

Under authority of Section 52, Article III, Texas Constitution, a local governmental entity other than a nonprofit corporation may, upon the required vote of the qualified voters, in addition to all other debts, issue bonds or enter into and make payments under agreements with the department, not to exceed 40 years in term, in any amount not to exceed one-fourth of the assessed valuation of real property within the local governmental entity, except that the total indebtedness of any municipality shall never exceed the limits imposed by other provisions of the constitution, and levy and collect taxes to pay the interest thereon and provide a sinking fund for the redemption thereof, for the purposes of construction, maintenance, and operation of toll projects or systems of the department, or in aid thereof.

(b)

In addition to Subsection (a), a local governmental entity may, within any applicable constitutional limitations, agree with the department to issue bonds or enter into and make payments under an agreement to construct, maintain, or operate any portion of a toll project or system of the department.

(c)

To make payments under an agreement under Subsection (b) or pay the interest on bonds issued under Subsection (b) and to provide a sinking fund for the bonds or the contract, a local governmental entity may:

(1)

pledge revenue from any available source, including annual appropriations;

(2)

levy and collect taxes; or

(3)

provide for a combination of Subdivisions (1) and (2).

(d)

The term of an agreement under this section may not exceed 40 years.

(e)

Any election required to permit action under this subchapter must be held in conformance with Chapter 1251 (Bond Elections), Government Code, or other law applicable to the local governmental entity.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.26, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 8.389, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 312, Sec. 72, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.69, eff. June 21, 2003.
Transferred from Transportation Code, Section 362.007 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.47, eff. June 14, 2005.

Source: Section 228.254 — Agreements Between Authority and Local Governmental Entities, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­228.­htm#228.­254 (accessed Mar. 23, 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
228.055
Exceptions for Leased or Transferred Vehicle
228.0055
Use of Contract Payments and Other Revenue
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:
Mar. 23, 2024

§ 228.254’s source at texas​.gov