Tex. Transp. Code Section 451.061
Fares and Other Charges


(a)

An authority shall impose reasonable and nondiscriminatory fares, tolls, charges, rents, and other compensation for the use of the transit authority system sufficient to produce revenue, together with tax revenue received by the authority, in an amount adequate to:

(1)

pay all the expenses necessary to operate and maintain the transit authority system;

(2)

pay when due the principal of and interest on, and sinking fund and reserve fund payments agreed to be made with respect to, all bonds that are issued by the authority and payable in whole or part from the revenue; and

(3)

fulfill the terms of any other agreement with the holders of bonds described by Subdivision (2) or with a person acting on behalf of the bondholders.

(b)

It is intended by this chapter that the compensation imposed under Subsection (a) and taxes imposed by the authority not exceed the amounts necessary to produce revenue sufficient to meet the obligations of the authority under this chapter.

(c)

Fares for passenger transportation may be set according to a zone system or other classification that the authority determines to be reasonable.

(d)

Except as provided by Subsection (d-1), the fares, tolls, charges, rents, and other compensation established by an authority in which the principal municipality has a population of less than 1.9 million may not take effect until approved by a majority vote of a committee composed of:

(1)

five members of the governing body of the principal municipality, selected by that governing body;

(2)

three members of the commissioners court of the county having the largest portion of the incorporated territory of the principal municipality, selected by that commissioners court; and

(3)

three mayors of municipalities, other than the principal municipality, located in the authority, selected by:

(A)

the mayors of all the municipalities, except the principal municipality, located in the authority; or

(B)

the mayor of the most populous municipality, other than the principal municipality, in the case of an authority in which the principal municipality has a population of less than 320,000.

(d-1)

The establishment of or a change to fares, tolls, charges, rents, and other compensation by an authority confirmed before July 1, 1985, in which the principal municipality has a population of less than 1.3 million, takes effect immediately on approval by a majority vote of the board, except that the establishment of or a change to a single-ride base fare takes effect on the 60th day after the date the board approves the fare or change to the fare, unless the policy board of the metropolitan planning organization that serves the area of the authority disapproves the fare or change to the fare by a majority vote.

(e)

This section does not limit the state’s power to regulate taxes imposed by an authority or other compensation authorized under this section. The state agrees with holders of bonds issued under this chapter, however, not to alter the power given to an authority under this section to impose taxes, fares, tolls, charges, rents, and other compensation in amounts sufficient to comply with Subsection (a), or to impair the rights and remedies of an authority bondholder, or a person acting on behalf of a bondholder, until the bonds, interest on the bonds, interest on unpaid installments of interest, costs and expenses in connection with an action or proceeding by or on behalf of a bondholder, and other obligations of the authority in connection with the bonds are discharged.

(f)

Except as provided by Subsection (g), personal identifying information collected by an authority is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code, including a person’s:

(1)

name, address, e-mail address, and phone number;

(2)

account number, password, payment transaction activity, toll or charge record, or credit, debit, or other payment card number;

(3)

trip data, including the time, date, origin, and destination of a trip, and demographic information collected when the person purchases a ticket or schedules a trip; and

(4)

other personal information, including financial information.

(g)

Personal identifying information described by Subsection (f)(3) may be disclosed to a governmental agency or institution of higher education, as defined by Section 61.003 (Definitions), Education Code, by an authority if the requestor confirms in writing that the use of the information will be strictly limited to use in research or in producing statistical reports, but only if the information is not published, redisclosed, sold, or used to contact any individual.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1221 (S.B. 1263), Sec. 4, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 136, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1129 (S.B. 57), Sec. 6, eff. June 19, 2015.
Acts 2021, 87th Leg., R.S., Ch. 155 (S.B. 858), Sec. 1, eff. May 28, 2021.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 248, eff. September 1, 2023.

Source: Section 451.061 — Fares and Other Charges, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­451.­htm#451.­061 (accessed Apr. 13, 2024).

451.001
Definitions
451.002
Liberal Construction
451.003
Chapter Not Applicable to Bicounty Area
451.051
Powers Applicable to Confirmed Authority
451.052
Nature of Authority
451.053
Responsibility for Control of Authority
451.054
General Powers of Authority
451.055
Contracts
451.056
Operation of Transit Authority System
451.057
Acquisition of Property by Agreement
451.058
Use and Acquisition of Property of Others
451.059
Eminent Domain Proceedings
451.060
Agreement with Utilities, Carriers
451.061
Fares and Other Charges
451.062
Power to Enter Real Property
451.063
Tax Exemption
451.064
Parking Areas: Certain Authorities
451.065
Roadways, Trails, Lighting: Certain Authorities
451.066
Spending Limitation: Trails and Lighting in Certain Authorities
451.067
Emergency Medical Services: Certain Authorities
451.068
Free Fares Program: Certain Authorities
451.070
Elections
451.071
Referendum for Rail Plan
451.072
General Authority to Call Election: Certain Authorities
451.101
Board Powers
451.102
Budget
451.103
Operating Expenditures
451.104
Investment Powers: Certain Authorities
451.105
Depository
451.106
General Manager
451.107
Rules
451.108
Peace Officers
451.109
Advisory Committee
451.110
Purchases: Competitive Bidding
451.111
Purchases: Notice of Noncompetitive Bid Proposals
451.112
Conflicts of Interest: Board Members
451.113
Driving on Certain Authority Right-of-way
451.131
Applicability
451.132
Five-year Capital Improvement Plan
451.133
Operating Expenses and Capital Expenditures
451.134
Operating Reserve Account
451.135
Strategic Plan
451.136
Rail Safety Plan and Reports
451.137
Competitive Bids for and Purchase of Transit Services
451.138
Public Involvement Policy
451.139
Issuance of Bonds for Self-insurance or Retirement or Pension Fund Reserves
451.151
Station or Terminal Complex: System Plan
451.152
Station or Terminal Complex: Facilities
451.153
Approval of Municipality
451.154
Station or Terminal Complex: Limitation on Real Property Acquisition
451.155
Transfer of Real Property in Station or Terminal Complex
451.201
Definition
451.202
Application of Subchapter Limited to Certain Authorities
451.203
Station or Terminal Complex: Regional Economic Development Facilities in Certain Authorities
451.204
Contracts for Regional Economic Development Facilities
451.205
Station or Terminal Complex: Regional Economic Development Facilities Additional Tax
451.206
Use of Revenue for Regional Economic Development Facilities
451.207
Continuation of Tax Rate Increase
451.251
Contract Goals for Disadvantaged Businesses
451.252
Minority and Disadvantaged Individuals Program: Certain Authorities
451.253
Minority and Women-owned Business Program: Certain Authorities
451.254
Program for Persons with Physical Disabilities: Certain Authorities
451.255
Transportation for Jobs Program Participants
451.256
Waiver of Federal Requirements
451.351
Definition
451.352
Power to Issue Bonds
451.353
Bond Terms
451.354
Sale
451.355
Approval
451.356
Incontestability
451.357
Security Pledged
451.358
Pledge of Revenue Limited
451.359
Refunding Bonds
451.360
Bonds as Authorized Investments
451.361
Exchange of Bonds for Existing System
451.362
Short-term Bonds
451.363
Tax Exemption
451.401
General Power of Taxation
451.402
Voter Approval Required for Tax
451.403
Authority Tax Code and Rules
451.404
Sales and Use Tax
451.405
Maximum Tax Rate in Authority Area
451.406
Initial Sales Tax: Effective Date
451.407
Rate Decrease: Sales and Use Tax
451.408
Rate Increase: Sales and Use Tax
451.409
Sales and Use Tax Rate Increase: Petition and Election
451.410
Sales and Use Tax Increase or Decrease: Ballots
451.411
Results of Election
451.412
Effective Date of Tax Rate Change
451.413
Tax Effective Dates After Election Contest
451.414
Maximum Rate of Vehicle Emissions Tax
451.415
Exemptions
451.416
Emissions Tax Year
451.417
Emissions Tax Payments: Delinquency
451.418
Collection of Emissions Taxes by County Assessor-collector
451.419
Penalties and Interest: Emissions Taxes
451.420
Board Rules: Emissions Taxes
451.451
Financial Audits
451.452
Review of Audit: Certain Authorities
451.454
Performance Audits: Certain Authorities
451.455
Computation of Performance Indicators
451.456
Performance Audit Response
451.457
Delivery of Report and Response
451.458
Internal Auditor
451.460
Annual Report
451.501
Board Membership
451.502
Appointment of Members
451.503
Appointments Panel
451.504
Board Vacancies
451.505
Board Terms
451.506
Term Limitations
451.507
Board Membership: Residency in Authority
451.508
Removal by Board
451.509
Removal by Appointing Person or Entity
451.510
Grounds for Removal from Board
451.511
Removal of Board Member: Notice and Hearing
451.512
Ground for Removal: Validity of Board Acts
451.513
Recall of Members: Certain Authorities
451.514
Board Meetings: When Held
451.515
Board Meetings: Voting
451.516
Increase of Membership: Continuity
451.517
Board Meetings: Rules and Bylaws
451.518
Board Meetings: Notice
451.519
Board Members: Expenses
451.520
Board Officers and Secretaries
451.551
Addition of Territory by Municipal Annexation
451.552
Addition of Municipality by Election
451.553
Addition of County Area by Election
451.554
Board Approval of Annexation: Effective Date
451.555
Added Territory: Effective Date of Taxes
451.601
Unit of Election Defined
451.602
Authorities Covered by Subchapter
451.603
Withdrawal of Unit of Election
451.604
Petition for Withdrawal Election
451.605
Review of Petition
451.606
Invalid Petition
451.607
Election
451.608
Result of Withdrawal Election
451.609
Effect of Withdrawal
451.610
Continuation of Services to Persons with Disabilities
451.0611
Enforcement of Fares and Other Charges
451.611
Determination of Total Amount of Financial Obligations of Withdrawn Unit
451.0612
Fare Enforcement Officers
451.612
Certification of Net Financial Obligation of Unit
451.613
Collection of Sales and Use Tax After Withdrawal
451.614
Refunds of Excess Sales and Use Tax Revenue
451.615
Use of Refunded Revenue
451.616
Revenue from Withdrawn Unit for Providing Services for Persons with Disabilities
451.617
Withdrawal: Alternative Method for Certain Authorities
451.618
Withdrawal: Alternative Method for Certain Emergency Services Districts
451.651
Initial Proceedings to Create Authority
451.652
Notice of Hearing
451.653
Conduct of Hearing
451.654
Ordinance of Creation
451.655
Municipality to Fund Board
451.656
Board to Order Election
451.657
Commissioners Court to Designate Election Areas
451.658
Election Notice
451.659
Proposition
451.660
Conduct of Election: Separate Results for Unit of Election
451.661
Results of Election
451.662
Costs of Board
451.663
Composition of Board on Confirmation
451.664
Cost of Election
451.665
Expiration of Unconfirmed Authority
451.701
Definitions
451.702
Election Authorized
451.703
Conduct of Initial Election: Separate Result
451.704
Results of Election
451.705
Subsequent Elections
451.706
Limitation on Tax Rate
451.707
Governance of District
451.708
District Assets and Recordkeeping
451.709
Nature of District
451.710
Annexation of Territory by Municipality
451.751
Applicability
451.752
Definitions
451.753
General Provisions Relating to Agreements, Recognition, and Strikes
451.754
Recognition of Peace Officer Association
451.755
Open Records
451.756
Ratification and Enforceability of Agreement
451.757
Agreement Supersedes Conflicting Provisions
451.758
Election to Repeal Agreement
451.1075
Prohibition of Consumption of Alcoholic Beverage
451.3625
Bonds for Rail System
451.5021
Board Composition
451.5035
Designation of Alternate by Mayor

Accessed:
Apr. 13, 2024

§ 451.061’s source at texas​.gov