Tex. Transp. Code Section 284.013
Conveyance of Ferry Connecting State Highways


(a)

The commission by order may convey a ferry operated under Section 342.001 (Ferry Connecting State Highways) to a county or local government corporation incorporated under Chapter 431 (Texas Transportation Corporation Act) in a county to which this chapter applies if:

(1)

the commission determines that the proposed conveyance is an integral part of the region’s overall plan to improve mobility in the region;

(2)

the county or local government corporation:

(A)

agrees to the conveyance; and

(B)

agrees to assume all liability and responsibility for the maintenance and operation of the ferry on its conveyance; and

(3)

a majority of the voters in the municipality in which the ferry is located, voting in an election held for that purpose, approve the conveyance.

(b)

A county or local government corporation shall reimburse the commission for the cost of a conveyed ferry unless the commission determines that the conveyance will result in a substantial net benefit to the state, the department, and the traveling public that equals or exceeds that cost.

(c)

In computing the cost of the ferry, the commission shall:

(1)

include the total amount spent by the department for the original construction of the ferry, including the costs associated with the preliminary engineering and design engineering for plans, specifications, and estimates, the acquisition of necessary rights-of-way, and actual construction of the ferry and all necessary appurtenant facilities; and

(2)

consider the anticipated future costs of expanding, improving, maintaining, or operating the ferry to be incurred by the county or local government corporation and not by the department if the ferry is conveyed.

(d)

The commission shall, at the time the ferry is conveyed, remove the ferry from the state highway system. After a conveyance, the commission has no liability or responsibility for the maintenance or operation of the ferry.

(e)

Before conveying a ferry that is a part of the state highway system under this section, the commission shall conduct a public hearing at which interested persons shall be allowed to speak on the proposed conveyance. Notice of the hearing must be published in the Texas Register and in one or more newspapers of general circulation in the county in which the ferry is located.

(f)

The commission shall adopt rules to implement this section. The rules must include criteria and guidelines for the approval of a conveyance of a ferry.

(g)

A county or local government corporation shall establish criteria and guidelines for approval of the conveyance of a ferry under this section.

(h)

A county or local government corporation may temporarily charge a toll for use of a ferry conveyed under this section to pay the costs necessary for an expansion of the ferry and may permanently charge a toll for use of ferry facilities that are an expansion of the ferry conveyed under this section.

(i)

The commission may not convey a ferry under this section if any of the docking facilities used by the ferry are located in a municipality with a population of 8,000 or less unless the governing body of the municipality approves the conveyance.

(j)

The governing body of the municipality in which the ferry is located shall order an election held on the approval of a conveyance under this section.
Added by Acts 2005, 79th Leg., Ch. 877 (S.B. 1131), Sec. 4, eff. June 17, 2005.
Renumbered from Transportation Code, Section 284.011 (Transfer of Project to Department) by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(74), eff. September 1, 2007.

Source: Section 284.013 — Conveyance of Ferry Connecting State Highways, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­284.­htm#284.­013 (accessed Mar. 23, 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:
Mar. 23, 2024

§ 284.013’s source at texas​.gov