Tex. Transp. Code Section 366.037
Other Highway Projects


(a)

In addition to the powers granted under this chapter and without supervision or regulation by any state agency or local governmental entity, but subject to an agreement entered into under Subsection (c), the board of an authority may by resolution, and on making the findings set forth in this subsection, authorize the use of surplus revenue of a turnpike project or system for the study, design, construction, maintenance, repair, and operation of a highway or similar facility that is not a turnpike project if the highway or similar facility is:

(1)

situated in a county in which the authority is authorized to design, construct, and operate a turnpike project;

(2)

anticipated to either:

(A)

enhance the operation or revenue of an existing, or the feasibility of a proposed, turnpike project by bringing traffic to that turnpike project or enhancing the flow of traffic either on that turnpike project or to or from that turnpike project to another facility; or

(B)

ameliorate the impact of an existing or proposed turnpike project by enhancing the capability of another facility to handle traffic traveling, or anticipated to travel, to or from that turnpike project; and

(3)

not anticipated to result in an overall reduction of revenue of any turnpike project or system.

(b)

The board in the resolution may prescribe terms for the use of the surplus revenue, including the manner in which the highway or related facility shall be studied, designed, constructed, maintained, repaired, or operated.

(c)

An authority shall enter into an agreement to implement this section with the department, the commission, a local governmental entity, or another political subdivision that owns a street, road, alley, or highway that is directly affected by the authority’s turnpike project or related facility.

(d)

An authority may not:

(1)

take an action under this section that violates, impairs, or is inconsistent with a bond resolution, trust agreement, or indenture governing the use of the revenue of a turnpike project or system; or

(2)

commit in any fiscal year expenditures under this section exceeding 10 percent of its surplus revenue from the preceding fiscal year.

(e)

In authorizing expenditures under this section, the board shall consider:

(1)

balancing throughout the counties of the authority the application of funds generated by its turnpike projects and systems, taking into account where those amounts are already committed or programmed as a result of this section or otherwise; and

(2)

connectivity to an existing or proposed turnpike project or system.

(f)

Except as provided by this section, an authority has the same powers and may use the same procedures with respect to the study, financing, design, construction, maintenance, repair, and operation of a highway or similar facility under this section as are available to the authority with respect to a turnpike project or system.

(g)

Notwithstanding other provisions of this section:

(1)

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

(2)

the department shall supervise and regulate any work on a highway in the state highway system.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.05, eff. June 11, 2007.

Source: Section 366.037 — Other Highway Projects, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­366.­htm#366.­037 (accessed Mar. 23, 2024).

366.001
Short Title
366.002
Purposes
366.003
Definitions
366.004
Construction Costs Defined
366.031
Creation and Expansion of a Regional Tollway Authority
366.032
Nature of Regional Tollway Authority
366.033
General Powers
366.034
Establishment of Turnpike Systems
366.036
Transfer of Turnpike Project or System
366.037
Other Highway Projects
366.038
Tolling Services
366.071
Expenditures for Feasibility Studies
366.072
Feasibility Study Fund
366.073
Feasibility Study by Municipality, County, Other Local Governmental Entity, or Private Group
366.111
Turnpike Revenue Bonds
366.112
Interim Bonds
366.113
Payment of Bonds
366.114
Effect of Lien
366.115
Bond Indenture
366.116
Approval of Bonds by Attorney General
366.117
Furnishing of Indemnifying Bonds or Pledges of Securities
366.118
Applicability of Other Law
366.161
Turnpike Projects Extending into Other Counties
366.162
Powers and Procedures of Authority in Acquiring Property
366.163
Acquisition of Property
366.164
Right of Entry
366.165
Condemnation of Real Property
366.166
Declaration of Taking
366.167
Possession of Property
366.168
Severance of Real Property
366.169
Acquisition of Rights in Public Real Property
366.170
Compensation for and Restoration of Public Property
366.171
Public Utility Facilities
366.172
Lease, Sale, or Conveyance of Turnpike Project
366.173
Revenue
366.174
Authority Revolving Fund
366.175
Use of Surplus Revenue
366.176
Exemption from Taxation or Assessment
366.177
Actions Affecting Existing Roads
366.178
Failure or Refusal to Pay Toll
366.179
Use and Return of Transponders
366.180
Controlled Access to Turnpike Projects
366.181
Promotion of Toll Roads
366.182
Operation of Turnpike Project
366.183
Audit
366.184
Disadvantaged Businesses
366.185
Engineering, Design, and Construction Services
366.251
Board of Directors
366.252
Conflict of Interest
366.253
Surety Bonds
366.254
Removal of Director
366.255
Compensation of Director
366.256
Evidence of Authority Actions
366.257
Public Access
366.258
Indemnification
366.259
Purchase of Liability Insurance
366.260
Certain Contracts and Sales Prohibited
366.261
Strategic Plans and Annual Reports
366.262
Meetings by Telephone Conference Call
366.301
Department Contributions to Turnpike Projects
366.302
Agreements to Construct, Maintain, and Operate Turnpike Projects
366.303
Agreements Between Authority and Local Governmental Entities
366.304
Additional Agreements of Authority
366.0311
Advisory Committee for Projects Located Outside Authority
366.401
Comprehensive Development Agreements
366.402
Process for Entering into Comprehensive Development Agreements
366.403
Confidentiality of Information
366.404
Performance and Payment Security
366.405
Ownership of Turnpike Projects
366.406
Liability for Private Obligations
366.407
Terms of Private Participation
366.408
Rules, Procedures, and Guidelines Governing Selection and Negotiating Process
366.409
Use of Contract Payments
366.2575
Board Vote on County Request

Accessed:
Mar. 23, 2024

§ 366.037’s source at texas​.gov