Tex. Transp. Code Section 284.003
Project Authorized; Construction, Operation, and Cost


(a)

A county, acting through the commissioners court of the county, or a local government corporation, without state approval, supervision, or regulation, may:

(1)

construct, acquire, improve, operate, maintain, or pool a project located:

(A)

exclusively in the county;

(B)

in the county and outside the county; or

(C)

in one or more counties adjacent to the county;

(2)

issue tax bonds, revenue bonds, or combination tax and revenue bonds to pay the cost of the construction, acquisition, or improvement of a project;

(3)

impose tolls or charges as otherwise authorized by this chapter;

(4)

construct a bridge over a deepwater navigation channel, if the bridge does not hinder maritime transportation;

(5)

construct, acquire, or operate a ferry across a deepwater navigation channel;

(6)

in connection with a project, on adoption of an order exercise the powers of a regional mobility authority operating under Chapter 370 (Regional Mobility Authorities); or

(7)

enter into a comprehensive development agreement with a private entity to design, develop, finance, construct, maintain, repair, operate, extend, or expand a proposed or existing project in the county to the extent and in the manner applicable to the department under Chapter 223 (Bids and Contracts for Highway Projects) or to a regional tollway authority under Chapter 366 (Regional Tollway Authorities).

(b)

The county or a local government corporation may exercise a power provided by Subsection (a)(6) only in a manner consistent with the other powers provided by this chapter. To the extent of a conflict between this chapter and Chapter 370 (Regional Mobility Authorities), this chapter prevails.

(c)

A project or any portion of a project that is owned by the county and licensed or leased to a private entity or operated by a private entity under this chapter to provide transportation services to the general public is public property used for a public purpose and exempt from taxation by this state or a political subdivision of this state.

(d)

If the county constructs, acquires, improves, operates, maintains, or pools a project under this chapter, before December 31 of each even-numbered year the county shall submit to the department a plan for the project that includes the time schedule for the project and describes the use of project funds. The plan may provide for and permit the use of project funds and other money, including state or federal funds, available to the county for roads, streets, highways, and other related facilities in the county that are not part of a project under this chapter. A plan is not subject to approval, supervision, or regulation by the commission or the department, except that:

(1)

any use of state or federal highway funds must be approved by the commission;

(2)

any work on a highway in the state highway system must be approved by the department; and

(3)

the department shall supervise and regulate work on a highway in the state highway system.

(e)

Except as provided by federal law, an action of a county taken under this chapter is not subject to approval, supervision, or regulation by a metropolitan planning organization.

(f)

The county may enter into a protocol or other agreement with the commission or the department to implement this section through the cooperation of the parties to the agreement.

(g)

An action of a county taken under this chapter must comply with the requirements of applicable federal law. The foregoing compliance requirement shall apply to the role of metropolitan planning organizations under federal law, including the approval of projects for conformity to the state implementation plan relating to air quality, the use of toll revenue, and the use of the right-of-way of and access to federal-aid highways. Notwithstanding an action of a county taken under this chapter, the commission or department may take any action that is necessary in its reasonable judgment to comply with any federal requirement to enable the state to receive federal-aid highway funds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 875, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 877 (S.B. 1131), Sec. 3, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 8.02, eff. June 11, 2007.

Source: Section 284.003 — Project Authorized; Construction, Operation, and Cost, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­284.­htm#284.­003 (accessed Apr. 13, 2024).

284.001
Definitions
284.002
Applicability to Certain Counties and Local Government Corporations
284.003
Project Authorized
284.004
Use of County Property
284.005
Conveyance to County
284.006
Federal or State Aid
284.007
Contracts for Historically Underutilized Businesses
284.008
Powers of Commission
284.011
Transfer of Project to Department
284.012
Transfer of Assets
284.013
Conveyance of Ferry Connecting State Highways
284.0031
Other Road, Street, or Highway Projects
284.031
Bonds Authorized
284.032
Tax Bond Election
284.033
Interim Bonds
284.034
Bond Sale to Pay Outstanding Bonds
284.035
Bond Approval and Registration
284.036
Bonds Secured Solely by Revenue
284.037
Revenue Bond Election Not Required
284.038
Revenue Bonds: Ad Valorem Tax for Maintenance and Operation
284.039
Bonds Are Securities
284.040
Effect of Lien
284.041
Refunding Bonds
284.042
Use of Bond Proceeds
284.043
Costs and Expenses
284.044
Depository
284.045
Bonds Tax Free
284.046
Bondholder Rights
284.061
Acquisition of Property
284.062
Ferry
284.063
Contract for Project Construction
284.064
Contract to Operate
284.065
Pooled Projects
284.066
Operating Board
284.067
Projects Extending into Other Counties
284.068
Reconstruction of Closed or Relocated Nontoll Roads, Streets, or Highways
284.069
Tolls and Charges
284.070
Nonpayment of Toll
284.071
Controlled Access to Toll Road
284.072
Promotion of Toll Roads
284.073
Powers and Duties of Receiver
284.074
Tax and Assessment Exemption: Projects
284.201
Applicability of Subchapter
284.202
Order Prohibiting Operation of Motor Vehicle on Toll Project
284.203
Violation of Order
284.204
Administrative Adjudication Hearing Procedure
284.205
Citation or Summons
284.206
Administrative Hearing: Presumption
284.207
Attendance on Hearing
284.208
Decision of Hearing Officer
284.209
Enforcement of Decision
284.210
Appeal of Hearing Officer Decision
284.211
Hearing on Appeal
284.212
Effect of Appeal
284.213
Seizure of Transponders
284.0615
Declaration of Taking by Certain Counties
284.0665
Compensation of Operating Board Members
284.0701
Administrative Costs
284.0702
Prima Facie Evidence
284.0703
Method of Sending Invoice or Notice
284.2031
Civil and Criminal Enforcement: Fine
284.2032
Fine in Certain Counties

Accessed:
Apr. 13, 2024

§ 284.003’s source at texas​.gov