Texas Transportation Code

Sec. § 451.066
Spending Limitation: Trails and Lighting in Certain Authorities


An authority confirmed before 1980 in which the principal municipality has a population of more than 1.9 million may not spend, during any five-year period, more than seven percent of its revenue from sales and use taxes and interest income during that period for all items described by Section 451.065 (Roadways, Trails, Lighting: Certain Authorities)(b).


For a fiscal year in which an authority described by Subsection (a) spends an amount that exceeds the limit in Subsection (a), the registered voters of the authority, by petition, may require that an election be held on the question of eliminating or reducing expenditures in any category authorized by Section 451.065 (Roadways, Trails, Lighting: Certain Authorities)(b) and not otherwise authorized by Section 451.065 (Roadways, Trails, Lighting: Certain Authorities)(a). The board shall call an election in the authority to be held on the first uniform election date at least 60 days after the date the election order is issued if the secretary of state:


finds that a petition for the election is valid; or


fails to act within the time required by Subsection (d).


A petition under this section is valid if:


it is signed by registered voters of the authority in a number equal to at least 10 percent of the number of votes cast in the authority in the preceding gubernatorial election;


the signatures meeting the requirement in Subdivision (1) are collected not earlier than the 90th day before the date the petition is presented to the board; and


it is presented to the board on or before the second anniversary of the last day of the fiscal year during which the expenditures exceeded the limitation.


After receiving a petition under this section, the board shall send it to the secretary of state. The secretary of state shall, not later than the 30th day after the date the petition is received, determine whether the petition is valid and notify the board of the determination.


The ballots for the election must provide for voting for or against the following proposition: “The (reduction or elimination) of expenditures for _____________ (category of spending to be reduced or eliminated).”


A reduction or elimination of expenditures that is approved by a majority of the votes received on the measure in the election is effective.


The authority shall pay the costs of:


determining the validity of a petition; and


conducting the election.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 141, eff. September 1, 2011.

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Jun. 7, 2021