Tex. Transp. Code Section 370.003
Definitions


In this chapter:

(1)

“Authority” means a regional mobility authority organized under this chapter or under Section 361.003, as that section existed before June 22, 2003.

(2)

“Board” means the board of directors of an authority.

(3)

“Bond” includes a bond, certificate, note, or other obligation of an authority authorized by this chapter, another statute, or the Texas Constitution.

(4)

“Bond proceeding” includes a bond resolution and a bond indenture authorized by the bond resolution, a credit agreement, loan agreement, or other agreement entered into in connection with the bond or the payments to be made under the agreement, and any other agreement between an authority and another person providing security for the payment of a bond.

(5)

“Bond resolution” means an order or resolution of a board authorizing the issuance of a bond.

(6)

“Bondholder” means the owner of a bond and includes a trustee acting on behalf of an owner of a bond under the terms of a bond indenture.

(7)

“Comprehensive development agreement” means an agreement under Section 370.305 (Comprehensive Development Agreements).

(8)

“Governmental entity” means a political subdivision of the state, including a municipality or a county, a political subdivision of a county, a group of adjoining counties, a district organized or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, the department or another state agency, a rail district, a transit authority, a nonprofit corporation, including a transportation corporation, that is created under Chapter 431 (Texas Transportation Corporation Act), or any other public entity or instrumentality.

(9)

“Highway” means a road, highway, farm-to-market road, or street under the supervision of the state or a political subdivision of this state.

(9-a)

“Intermodal hub” means a central location where cargo containers can be easily and quickly transferred between trucks, trains, and airplanes.

(10)

“Public utility facility” means:

(A)

a water, wastewater, natural gas, or petroleum pipeline or associated equipment;

(B)

an electric transmission or distribution line or associated equipment; or

(C)

telecommunications information services, or cable television infrastructure or associated equipment, including fiber optic cable, conduit, and wireless communications facilities.

(11)

“Revenue” means fares, fees, rents, tolls, and other money received by an authority from the ownership or operation of a transportation project.

(12)

“Surplus revenue” means revenue that exceeds:

(A)

an authority’s debt service requirements for a transportation project, including the redemption or purchase price of bonds subject to redemption or purchase as provided in the applicable bond proceedings;

(A-1)

an authority’s payment obligations under a contract or agreement authorized by this chapter;

(B)

coverage requirements of a bond indenture for a transportation project;

(C)

costs of operation and maintenance for a transportation project;

(D)

cost of repair, expansion, or improvement of a transportation project;

(E)

funds allocated for feasibility studies; and

(F)

necessary reserves as determined by the authority.

(13)

“System” means a transportation project or a combination of transportation projects designated as a system by the board under Section 370.034 (Establishment of Transportation Systems).

(14)

“Transportation project” means:

(A)

a turnpike project;

(B)

a system;

(C)

a passenger or freight rail facility, including:
(i)
tracks;
(ii)
a rail line;
(iii)
switching, signaling, or other operating equipment;
(iv)
a depot;
(v)
a locomotive;
(vi)
rolling stock;
(vii)
a maintenance facility; and
(viii)
other real and personal property associated with a rail operation;

(D)

a roadway with a functional classification greater than a local road or rural minor collector;

(D-1)

a bridge;

(E)

a ferry;

(F)

an airport, other than an airport that on September 1, 2005, was served by one or more air carriers engaged in scheduled interstate transportation, as those terms were defined by 14 C.F.R. Section 1.1 on that date;

(G)

a pedestrian or bicycle facility;

(H)

an intermodal hub;

(I)

an automated conveyor belt for the movement of freight;

(J)

a border crossing inspection station, including:
(i)
a border crossing inspection station located at or near an international border crossing; and
(ii)
a border crossing inspection station located at or near a border crossing from another state of the United States and not more than 50 miles from an international border;

(K)

an air quality improvement initiative;

(L)

a public utility facility;

(M)

a transit system;

(M-1)

a parking area, structure, or facility, or a collection device for parking fees;

(N)

if applicable, projects and programs listed in the most recently approved state implementation plan for the area covered by the authority, including an early action compact;

(O)

improvements in a transportation reinvestment zone designated under Subchapter E (Definition), Chapter 222 (Funding and Federal Aid);

(P)

port security, transportation, or facility projects eligible for funding under Section 55.002 (Port Development Funding); and

(Q)

an aerial cable car or aerial tramway for the transportation of persons or property, or both, that is located in the jurisdiction of an authority created under Section 370.031 (Creation of a Regional Mobility Authority)(c).

(14-a)

“Transportation project” does not include a border inspection facility that serves a bridge system that had more than 900,000 commercial border crossings during the state fiscal year ending August 31, 2002.

(15)

“Turnpike project” means a highway of any number of lanes, with or without grade separations, owned or operated by an authority under this chapter and any improvement, extension, or expansion to that highway, including:

(A)

an improvement to relieve traffic congestion or promote safety;

(B)

a bridge, tunnel, overpass, underpass, interchange, service road, ramp, entrance plaza, approach, or tollhouse;

(C)

an administration, storage, or other building the authority considers necessary for the operation of a turnpike project;

(D)

a parking area or structure, rest stop, park, and other improvement or amenity the authority considers necessary, useful, or beneficial for the operation of a turnpike project; and

(E)

a property right, easement, or interest the authority acquires to construct or operate the turnpike project.

(16)

“Mass transit” means the transportation of passengers and hand-carried packages or baggage of a passenger by any means of surface, overhead, or underground transportation, other than an aircraft or taxicab.

(17)

“Service area” means the county or counties in which an authority or transit provider has established a transit system.

(18)

“Transit provider” means an entity that provides mass transit for the public and that was created under Chapter 451 (Metropolitan Rapid Transit Authorities), 452 (Regional Transportation Authorities), 453 (Municipal Transit Departments), 454 (Municipal Mass Transportation Systems), 457 (County Mass Transit Authority), 458 (Rural and Urban Transit Districts), or 460 (Coordinated County Transportation Authorities).

(19)

“Transit system” means:

(A)

property owned or held by an authority for mass transit purposes; and

(B)

facilities necessary, convenient, or useful for:
(i)
the use of or access to mass transit by persons or vehicles; or
(ii)
the protection or environmental enhancement of mass transit.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 5.07, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.62, eff. June 14, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1279 (H.B. 1112), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 118 (S.B. 1489), Sec. 1, eff. May 18, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1220 (S.B. 2248), Sec. 1, eff. June 14, 2019.

Source: Section 370.003 — Definitions, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­370.­htm#370.­003 (accessed Apr. 20, 2024).

370.001
Short Title
370.003
Definitions
370.004
Construction Costs Defined
370.031
Creation of a Regional Mobility Authority
370.032
Nature of Regional Mobility Authority
370.033
General Powers
370.034
Establishment of Transportation Systems
370.036
Transfer of Bonded Turnpike Project to Department
370.037
Transfer of Ferry Connecting State Highways
370.038
Commission Rules
370.039
Transfer of Transportation Project or System
370.071
Expenditures for Feasibility Studies
370.072
Feasibility Study Fund
370.073
Feasibility Study by Municipality, County, Other Governmental Entity, or Private Group
370.111
Transportation Revenue Bonds
370.112
Interim Bonds
370.113
Payment of Bonds
370.114
Effect of Lien
370.115
Bond Indenture
370.116
Approval of Bonds by Attorney General
370.117
Furnishing of Indemnifying Bonds or Pledges of Securities
370.118
Applicability of Other Law
370.161
Transportation Projects Extending into Other Counties
370.162
Powers and Procedures of Authority in Acquiring Property
370.163
Acquisition of Property
370.164
Declaration of Taking
370.165
Possession of Property
370.166
Participation Payment for Real Property
370.167
Severance of Real Property
370.168
Acquisition of Rights in Public Real Property
370.169
Compensation for and Restoration of Public Property
370.170
Public Utility Facilities
370.171
Lease, Sale, or Conveyance of Transportation Project
370.172
Revenue
370.173
Authority Revolving Fund
370.174
Use of Surplus Revenue
370.175
Exemption from Taxation or Assessment
370.176
Actions Affecting Existing Roads
370.177
Failure or Refusal to Pay Turnpike Project Toll
370.178
Use and Return of Transponders
370.179
Controlled Access to Turnpike Projects
370.180
Promotion of Transportation Project
370.181
Operation of Transportation Project
370.182
Audit
370.183
Disadvantaged Businesses
370.184
Procurement
370.185
Competitive Bidding
370.186
Contracts with Governmental Entities
370.187
Project Approval
370.188
Environmental Review of Authority Projects
370.189
Department Maintenance and Operation
370.190
Property of Certain Transportation Authorities
370.191
Commercial Transportation Processing Systems
370.192
Property of Rapid Transit Authorities
370.193
Priority Boarding of Ferry
370.251
Board of Directors
370.252
Prohibited Conduct for Directors and Employees
370.253
Surety Bonds
370.254
Removal of Director
370.255
Compensation of Director
370.256
Evidence of Authority Actions
370.257
Public Access
370.258
Indemnification
370.259
Purchase of Liability Insurance
370.260
Certain Contracts and Sales Prohibited
370.261
Strategic Plans and Annual Reports
370.262
Meetings by Telephone Conference Call
370.301
Department Contributions to Turnpike Projects
370.302
Agreements to Construct, Maintain, and Operate Transportation Projects
370.303
Agreements Between Authority and Governmental Entities
370.304
Additional Agreements of Authority
370.305
Comprehensive Development Agreements
370.306
Process for Entering into Comprehensive Development Agreements
370.307
Confidentiality of Negotiations for Comprehensive Development Agreements
370.308
Performance and Payment Security
370.309
Ownership of Transportation Projects
370.310
Liability for Private Obligations
370.0311
Certain Municipalities
370.311
Terms of Private Participation
370.312
Rules, Procedures, and Guidelines Governing Negotiating Process
370.313
Participation on Certain Other Boards, Commissions, or Public Bodies
370.0315
Addition and Withdrawal of Counties
370.315
Performance and Payment Bonds and Security
370.317
Agreements with Local Governments
370.331
Voluntary Dissolution
370.332
Involuntary Dissolution
370.333
Voluntary Dissolution of Authority Governed by Governing Body of Municipality
370.351
Transit Systems
370.352
Public Hearing on Fare and Service Changes
370.353
Public Hearing on Fare and Service Changes: Exceptions
370.354
Notice of Hearing on Fare or Service Change
370.355
Criminal Penalties
370.361
Transfer of Transit Systems
370.362
Sales and Use Tax
370.363
Maximum Tax Rate
370.364
Election to Change Tax Rate
370.365
Sales Tax: Effective Dates
370.401
Scope of and Limitations on Contracts
370.402
Definitions
370.403
Use of Engineer or Engineering Firm
370.404
Other Professional Services
370.405
Request for Qualifications
370.406
Request for Detailed Proposals
370.407
Negotiation
370.408
Assumption of Risks
370.409
Stipend Amount for Unsuccessful Proposers
370.410
Performance and Payment Bond
370.1911
Commercial Transportation Processing Systems at Inspection Facilities at Interstate Borders
370.2511
Board of Directors: Certain Authorities
370.2515
Board Composition Proposal by Turnpike Authority
370.2521
Filing of Financial Statement by Director
370.2522
Applicability of Conflicts of Interest Law to Directors
370.2523
Applicability of Nepotism Laws
370.4075
Changes to Design-build Team

Accessed:
Apr. 20, 2024

§ 370.003’s source at texas​.gov