Tex. Transp. Code Section 366.301
Department Contributions to Turnpike Projects


(a)

To the extent permitted by the Texas Constitution, the department may agree with an authority to provide for or contribute to the payment of costs of financial or engineering and traffic feasibility studies and the design, financing, acquisition, construction, operation, or maintenance of a turnpike project or system on terms agreed on by the commission or department, as applicable, and the authority. The agreement may not be inconsistent with the rights of the bondholders or persons operating the turnpike project under a lease or other contract.

(b)

The department may use its engineering and other personnel, including consulting engineers and traffic engineers, to conduct feasibility studies under Subsection (a).

(c)

An obligation or expense incurred by the commission or department under this section is a part of the cost of the turnpike project for which the obligation or expense was incurred. The commission or department shall require money contributed by the commission or department under this section to be repaid. The commission or department may require the money to be repaid from tolls or other revenue of the turnpike project or system on which the money was spent. Money repaid as required by the commission or department shall be deposited to the credit of the fund from which the contribution was made. Money deposited as required by this section is exempt from the application of Section 403.095 (Use of Dedicated Revenue), Government Code.

(d)

The commission or department may use federal money for any purpose described by this chapter.

(e)

An action of an authority taken under this chapter must comply with the requirements of applicable federal law, including provisions relating to the role of metropolitan planning organizations under federal law and the approval of projects for conformity with 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 an authority taken under this chapter, the commission or the department may take any action that in its reasonable judgment is necessary to comply with any federal requirement to enable this state to receive federal-aid highway funds.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1237, Sec. 6, eff. Nov. 6, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 9.02, eff. June 11, 2007.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 39, eff. September 1, 2017.

Source: Section 366.301 — Department Contributions to Turnpike Projects, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­366.­htm#366.­301 (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

§ 366.301’s source at texas​.gov