Texas Transportation Code

As effective September 1, 2017

Table of Contents

Title 1

Chapter 1

Sec. 1.001

Sec. 1.002

Sec. 1.003

Sec. 1.004

Title 2

Chapter 5

Sec. 5.001

Sec. 5.003

Sec. 5.004

Sec. 5.005

Sec. 5.006

Sec. 5.007

Sec. 5.008

Chapter 6

Sec. 6.001

Sec. 6.002

Sec. 6.003

Sec. 6.004

Sec. 6.005

Sec. 6.006

Chapter 7

Sec. 7.001

Sec. 7.002

Sec. 7.003

Sec. 7.004

Sec. 7.005

Sec. 7.006

Chapter 8

Sec. 8.001

Sec. 8.002

Sec. 8.003

Sec. 8.004

Sec. 8.005

Chapter 20

Sec. 20.001

Sec. 20.002

Title 3

Chapter 21

Subchapter A

Sec. 21.001

Sec. 21.002

Sec. 21.003

Sec. 21.005

Sec. 21.006

Subchapter B

Sec. 21.051

Sec. 21.052

Sec. 21.053

Sec. 21.054

Sec. 21.055

Sec. 21.056

Sec. 21.057

Sec. 21.058

Sec. 21.059

Sec. 21.060

Sec. 21.061

Sec. 21.062

Sec. 21.063

Sec. 21.064

Sec. 21.065

Sec. 21.066

Sec. 21.067

Sec. 21.068

Sec. 21.069

Sec. 21.070

Sec. 21.071

Subchapter C

Sec. 21.101

Sec. 21.102

Sec. 21.103

Sec. 21.104

Sec. 21.105

Sec. 21.106

Sec. 21.107

Sec. 21.108

Sec. 21.109

Sec. 21.110

Sec. 21.111

Sec. 21.1115

Sec. 21.112

Sec. 21.113

Sec. 21.114

Sec. 21.115

Subchapter D

Sec. 21.151

Sec. 21.152

Sec. 21.153

Sec. 21.154

Sec. 21.155

Sec. 21.156

Sec. 21.157

Chapter 22

Subchapter A

Sec. 22.001

Sec. 22.002

Sec. 22.003

Subchapter B

Sec. 22.011

Sec. 22.012

Sec. 22.013

Sec. 22.014

Sec. 22.015

Sec. 22.016

Sec. 22.017

Sec. 22.018

Sec. 22.019

Sec. 22.020

Sec. 22.021

Sec. 22.022

Sec. 22.023

Sec. 22.024

Sec. 22.025

Sec. 22.026

Sec. 22.027

Subchapter C

Sec. 22.051

Sec. 22.052

Sec. 22.053

Sec. 22.054

Sec. 22.055

Subchapter D

Sec. 22.071

Sec. 22.072

Sec. 22.073

Sec. 22.074

Sec. 22.0745

Sec. 22.075

Sec. 22.076

Sec. 22.077

Sec. 22.078

Sec. 22.0781

Sec. 22.079

Sec. 22.080

Sec. 22.081

Sec. 22.0815

Sec. 22.082

Sec. 22.083

Sec. 22.084

Sec. 22.085

Sec. 22.086

Sec. 22.087

Sec. 22.088

Sec. 22.089

Sec. 22.090

Sec. 22.091

Sec. 22.091

Subchapter E

Sec. 22.151

Sec. 22.152

Sec. 22.153

Sec. 22.154

Sec. 22.155

Sec. 22.156

Sec. 22.157

Sec. 22.158

Sec. 22.159

Subchapter Z

Sec. 22.901

Chapter 23

Sec. 23.001

Sec. 23.002

Sec. 23.003

Chapter 24

Subchapter A

Sec. 24.001

Sec. 24.002

Sec. 24.003

Sec. 24.004

Sec. 24.005

Subchapter B

Sec. 24.011

Sec. 24.012

Sec. 24.013

Subchapter C

Sec. 24.021

Sec. 24.022

Chapter 25

Sec. 25.001

Sec. 25.002

Sec. 25.003

Sec. 25.004

Chapter 26

Sec. 26.001

Sec. 26.002

Sec. 26.003

Sec. 26.004

Title 4

Subtitle A

Chapter 51

Sec. 51.001

Sec. 51.002

Sec. 51.003

Sec. 51.004

Sec. 51.005

Sec. 51.006

Sec. 51.007

Sec. 51.008

Sec. 51.009

Sec. 51.010

Sec. 51.011

Sec. 51.012

Sec. 51.013

Sec. 51.014

Chapter 52

Sec. 52.001

Sec. 52.002

Sec. 52.003

Sec. 52.004

Sec. 52.005

Sec. 52.006

Sec. 52.007

Sec. 52.008

Sec. 52.009

Sec. 52.010

Sec. 52.011

Sec. 52.012

Chapter 54

Subchapter A

Sec. 54.001

Sec. 54.002

Sec. 54.003

Sec. 54.004

Sec. 54.005

Subchapter B

Sec. 54.051

Sec. 54.052

Sec. 54.053

Sec. 54.054

Sec. 54.055

Sec. 54.056

Subchapter C

Sec. 54.101

Sec. 54.102

Sec. 54.103

Sec. 54.104

Sec. 54.105

Sec. 54.106

Sec. 54.107

Sec. 54.108

Sec. 54.109

Sec. 54.110

Sec. 54.111

Sec. 54.112

Sec. 54.113

Sec. 54.114

Subchapter D

Sec. 54.151

Sec. 54.152

Sec. 54.153

Sec. 54.154

Sec. 54.155

Sec. 54.156

Chapter 55

Sec. 55.001

Sec. 55.002

Sec. 55.003

Sec. 55.004

Sec. 55.005

Sec. 55.006

Sec. 55.007

Sec. 55.008

Sec. 55.009

Chapter 56

Sec. 56.001

Sec. 56.002

Sec. 56.003

Chapter 60

Sec. 60.001

Subtitle B

Chapter 61

Sec. 61.001

Sec. 61.002

Sec. 61.003

Sec. 61.004

Sec. 61.005

Sec. 61.006

Sec. 61.007

Sec. 61.008

Sec. 61.009

Sec. 61.010

Sec. 61.011

Chapter 62

Subchapter A

Sec. 62.001

Subchapter B

Sec. 62.021

Sec. 62.022

Sec. 62.023

Sec. 62.024

Sec. 62.025

Subchapter C

Sec. 62.041

Sec. 62.042

Sec. 62.043

Sec. 62.044

Sec. 62.045

Sec. 62.046

Subchapter D

Sec. 62.061

Sec. 62.062

Sec. 62.063

Sec. 62.064

Sec. 62.065

Sec. 62.066

Sec. 62.067

Sec. 62.068

Chapter 63

Subchapter A

Sec. 63.001

Sec. 63.002

Sec. 63.003

Sec. 63.004

Sec. 63.005

Subchapter B

Sec. 63.021

Subchapter C

Sec. 63.041

Sec. 63.042

Sec. 63.043

Sec. 63.044

Sec. 63.045

Sec. 63.046

Sec. 63.047

Chapter 64

Sec. 64.001

Sec. 64.002

Sec. 64.003

Sec. 64.004

Sec. 64.005

Sec. 64.006

Chapter 65

Sec. 65.001

Sec. 65.002

Sec. 65.003

Chapter 66

Subchapter A

Sec. 66.001

Sec. 66.002

Sec. 66.003

Subchapter B

Sec. 66.011

Sec. 66.012

Sec. 66.013

Sec. 66.014

Sec. 66.015

Sec. 66.016

Sec. 66.017

Sec. 66.018

Sec. 66.019

Sec. 66.020

Sec. 66.021

Sec. 66.022

Subchapter C

Sec. 66.031

Sec. 66.032

Sec. 66.033

Sec. 66.034

Sec. 66.035

Sec. 66.036

Sec. 66.037

Sec. 66.038

Sec. 66.039

Sec. 66.040

Sec. 66.041

Sec. 66.042

Sec. 66.043

Sec. 66.044

Sec. 66.045

Subchapter D

Sec. 66.061

Sec. 66.062

Sec. 66.063

Sec. 66.064

Sec. 66.065

Sec. 66.066

Sec. 66.067

Sec. 66.068

Sec. 66.069

Sec. 66.070

Sec. 66.071

Subchapter E

Sec. 66.081

Sec. 66.082

Sec. 66.083

Chapter 67

Subchapter A

Sec. 67.001

Sec. 67.002

Sec. 67.003

Subchapter B

Sec. 67.011

Sec. 67.012

Sec. 67.013

Sec. 67.014

Sec. 67.015

Sec. 67.016

Sec. 67.017

Sec. 67.018

Sec. 67.019

Sec. 67.020

Sec. 67.021

Sec. 67.022

Subchapter C

Sec. 67.031

Sec. 67.032

Sec. 67.033

Sec. 67.034

Sec. 67.035

Sec. 67.036

Sec. 67.037

Sec. 67.038

Sec. 67.039

Sec. 67.040

Sec. 67.041

Sec. 67.042

Sec. 67.043

Sec. 67.044

Sec. 67.045

Subchapter D

Sec. 67.061

Sec. 67.062

Sec. 67.063

Sec. 67.064

Sec. 67.065

Sec. 67.066

Sec. 67.067

Sec. 67.068

Sec. 67.069

Sec. 67.070

Sec. 67.071

Sec. 67.072

Sec. 67.073

Subchapter E

Sec. 67.081

Sec. 67.082

Sec. 67.083

Chapter 68

Subchapter A

Sec. 68.001

Sec. 68.002

Sec. 68.003

Sec. 68.004

Subchapter B

Sec. 68.011

Sec. 68.012

Sec. 68.013

Sec. 68.014

Sec. 68.015

Sec. 68.016

Sec. 68.017

Sec. 68.018

Sec. 68.019

Sec. 68.020

Sec. 68.021

Sec. 68.022

Subchapter C

Sec. 68.031

Sec. 68.032

Sec. 68.033

Sec. 68.034

Sec. 68.035

Sec. 68.036

Sec. 68.037

Sec. 68.038

Sec. 68.039

Sec. 68.040

Sec. 68.041

Sec. 68.042

Sec. 68.043

Sec. 68.044

Sec. 68.045

Sec. 68.046

Subchapter D

Sec. 68.061

Sec. 68.062

Sec. 68.063

Sec. 68.064

Sec. 68.065

Sec. 68.066

Sec. 68.067

Sec. 68.068

Sec. 68.069

Sec. 68.070

Sec. 68.071

Sec. 68.072

Sec. 68.073

Sec. 68.074

Subchapter E

Sec. 68.081

Sec. 68.082

Sec. 68.083

Subchapter F

Sec. 68.091

Sec. 68.092

Sec. 68.093

Sec. 68.094

Sec. 68.095

Sec. 68.096

Sec. 68.097

Sec. 68.098

Sec. 68.099

Sec. 68.100

Sec. 68.101

Sec. 68.102

Sec. 68.103

Sec. 68.104

Sec. 68.105

Sec. 68.106

Sec. 68.107

Chapter 69

Subchapter A

Sec. 69.001

Sec. 69.002

Sec. 69.003

Subchapter B

Sec. 69.011

Sec. 69.012

Sec. 69.013

Sec. 69.014

Sec. 69.015

Sec. 69.016

Sec. 69.017

Sec. 69.018

Sec. 69.019

Sec. 69.020

Sec. 69.021

Sec. 69.022

Sec. 69.023

Sec. 69.024

Subchapter C

Sec. 69.031

Sec. 69.032

Sec. 69.033

Sec. 69.034

Sec. 69.035

Sec. 69.036

Sec. 69.037

Sec. 69.038

Sec. 69.039

Sec. 69.040

Sec. 69.041

Sec. 69.042

Sec. 69.043

Sec. 69.044

Sec. 69.045

Subchapter D

Sec. 69.061

Sec. 69.062

Sec. 69.063

Sec. 69.064

Sec. 69.065

Sec. 69.066

Sec. 69.067

Sec. 69.068

Sec. 69.069

Sec. 69.070

Sec. 69.071

Subchapter E

Sec. 69.081

Sec. 69.082

Sec. 69.083

Chapter 70

Subchapter A

Sec. 70.001

Sec. 70.002

Sec. 70.003

Subchapter B

Sec. 70.011

Sec. 70.012

Sec. 70.013

Sec. 70.014

Sec. 70.015

Sec. 70.016

Sec. 70.017

Sec. 70.018

Sec. 70.019

Sec. 70.020

Sec. 70.021

Sec. 70.022

Subchapter C

Sec. 70.031

Sec. 70.032

Sec. 70.033

Sec. 70.034

Sec. 70.035

Sec. 70.036

Sec. 70.037

Sec. 70.038

Sec. 70.039

Sec. 70.040

Sec. 70.041

Sec. 70.042

Sec. 70.043

Sec. 70.044

Subchapter D

Sec. 70.061

Sec. 70.062

Sec. 70.063

Sec. 70.064

Sec. 70.065

Sec. 70.066

Sec. 70.067

Sec. 70.068

Sec. 70.069

Sec. 70.070

Sec. 70.071

Sec. 70.072

Subchapter E

Sec. 70.081

Sec. 70.082

Sec. 70.083

Title 5

Subtitle A

Chapter 81

Sec. 81.001

Sec. 81.002

Subtitle B

Chapter 91

Subchapter A

Sec. 91.001

Sec. 91.002

Sec. 91.003

Sec. 91.004

Sec. 91.005

Sec. 91.006

Sec. 91.007

Subchapter B

Sec. 91.031

Sec. 91.032

Sec. 91.033

Sec. 91.034

Sec. 91.035

Sec. 91.036

Sec. 91.0361

Sec. 91.037

Subchapter C

Sec. 91.051

Sec. 91.052

Sec. 91.053

Sec. 91.054

Subchapter D

Sec. 91.071

Sec. 91.072

Sec. 91.073

Sec. 91.074

Sec. 91.075

Subchapter E

Sec. 91.091

Sec. 91.092

Sec. 91.093

Sec. 91.094

Sec. 91.095

Subchapter F

Sec. 91.101

Sec. 91.102

Sec. 91.103

Sec. 91.104

Sec. 91.105

Sec. 91.106

Subtitle C

Chapter 111

Subchapter A

Sec. 111.001

Sec. 111.002

Sec. 111.003

Sec. 111.004

Subchapter B

Sec. 111.051

Sec. 111.052

Sec. 111.053

Sec. 111.054

Sec. 111.055

Sec. 111.056

Sec. 111.057

Sec. 111.058

Subchapter C

Sec. 111.101

Sec. 111.102

Sec. 111.103

Chapter 112

Subchapter A

Sec. 112.001

Sec. 112.002

Sec. 112.003

Subchapter B

Sec. 112.051

Sec. 112.052

Sec. 112.053

Sec. 112.054

Sec. 112.055

Sec. 112.056

Sec. 112.057

Sec. 112.058

Sec. 112.059

Sec. 112.060

Sec. 112.061

Sec. 112.062

Subchapter C

Sec. 112.101

Sec. 112.102

Sec. 112.103

Subchapter D

Sec. 112.151

Sec. 112.152

Sec. 112.153

Sec. 112.154

Sec. 112.155

Sec. 112.156

Sec. 112.157

Sec. 112.158

Subchapter E

Sec. 112.201

Sec. 112.202

Sec. 112.203

Sec. 112.204

Sec. 112.205

Subtitle D

Chapter 131

Subchapter A

Sec. 131.001

Subchapter B

Sec. 131.011

Sec. 131.012

Sec. 131.013

Sec. 131.014

Sec. 131.015

Sec. 131.016

Sec. 131.017

Subchapter C

Sec. 131.031

Sec. 131.032

Sec. 131.033

Sec. 131.034

Sec. 131.035

Subchapter D

Sec. 131.061

Sec. 131.062

Subchapter E

Sec. 131.101

Sec. 131.102

Sec. 131.103

Sec. 131.104

Sec. 131.105

Subchapter Z

Sec. 131.901

Sec. 131.902

Sec. 131.903

Sec. 131.904

Subtitle I

Chapter 171

Subchapter A

Sec. 171.001

Sec. 171.002

Subchapter B

Sec. 171.051

Sec. 171.052

Sec. 171.053

Sec. 171.054

Sec. 171.055

Subchapter C

Sec. 171.101

Sec. 171.102

Sec. 171.103

Subchapter D

Sec. 171.151

Sec. 171.152

Sec. 171.153

Sec. 171.154

Sec. 171.155

Subchapter E

Sec. 171.201

Sec. 171.202

Sec. 171.203

Sec. 171.204

Sec. 171.205

Sec. 171.206

Sec. 171.207

Subchapter F

Sec. 171.251

Sec. 171.252

Sec. 171.253

Sec. 171.254

Sec. 171.255

Sec. 171.256

Subchapter G

Sec. 171.301

Sec. 171.302

Chapter 172

Subchapter A

Sec. 172.001

Sec. 172.002

Sec. 172.003

Subchapter B

Sec. 172.051

Sec. 172.052

Sec. 172.053

Sec. 172.054

Sec. 172.055

Subchapter C

Sec. 172.101

Sec. 172.102

Sec. 172.103

Sec. 172.104

Sec. 172.105

Sec. 172.106

Sec. 172.107

Sec. 172.108

Sec. 172.109

Sec. 172.110

Subchapter D

Sec. 172.151

Sec. 172.152

Sec. 172.153

Sec. 172.154

Sec. 172.155

Sec. 172.156

Sec. 172.157

Sec. 172.1571

Sec. 172.158

Sec. 172.159

Sec. 172.160

Subchapter E

Sec. 172.201

Sec. 172.202

Sec. 172.203

Sec. 172.204

Sec. 172.205

Sec. 172.206

Sec. 172.207

Sec. 172.208

Sec. 172.209

Sec. 172.210

Sec. 172.211

Subchapter F

Sec. 172.251

Sec. 172.252

Sec. 172.253

Sec. 172.254

Sec. 172.255

Sec. 172.256

Sec. 172.257

Subchapter G

Sec. 172.301

Sec. 172.302

Sec. 172.303

Sec. 172.304

Sec. 172.305

Sec. 172.306

Chapter 173

Subchapter A

Sec. 173.001

Sec. 173.002

Sec. 173.003

Sec. 173.004

Sec. 173.005

Subchapter B

Sec. 173.051

Sec. 173.052

Subchapter C

Sec. 173.101

Sec. 173.102

Sec. 173.103

Sec. 173.104

Sec. 173.105

Sec. 173.106

Sec. 173.107

Sec. 173.108

Sec. 173.109

Sec. 173.110

Sec. 173.111

Subchapter D

Sec. 173.151

Sec. 173.152

Sec. 173.153

Sec. 173.154

Sec. 173.155

Sec. 173.156

Sec. 173.157

Sec. 173.158

Sec. 173.159

Sec. 173.160

Sec. 173.161

Subchapter E

Sec. 173.201

Sec. 173.202

Sec. 173.203

Sec. 173.204

Sec. 173.205

Sec. 173.206

Sec. 173.207

Sec. 173.208

Sec. 173.209

Subchapter F

Sec. 173.251

Sec. 173.252

Sec. 173.253

Sec. 173.254

Sec. 173.255

Sec. 173.256

Sec. 173.257

Subchapter G

Sec. 173.301

Sec. 173.302

Sec. 173.303

Sec. 173.304

Sec. 173.305

Sec. 173.306

Subchapter H

Sec. 173.351

Sec. 173.352

Sec. 173.353

Sec. 173.354

Sec. 173.355

Sec. 173.356

Sec. 173.357

Sec. 173.358

Sec. 173.359

Chapter 174

Subchapter A

Sec. 174.001

Sec. 174.002

Sec. 174.003

Sec. 174.004

Subchapter B

Sec. 174.051

Subchapter C

Sec. 174.101

Sec. 174.102

Sec. 174.103

Sec. 174.104

Sec. 174.105

Sec. 174.106

Sec. 174.107

Sec. 174.108

Sec. 174.109

Subchapter D

Sec. 174.151

Sec. 174.152

Sec. 174.153

Sec. 174.154

Sec. 174.155

Sec. 174.156

Sec. 174.157

Sec. 174.158

Sec. 174.159

Subchapter E

Sec. 174.201

Sec. 174.202

Sec. 174.203

Sec. 174.204

Sec. 174.205

Sec. 174.206

Sec. 174.207

Sec. 174.208

Sec. 174.209

Subchapter F

Sec. 174.251

Sec. 174.252

Sec. 174.253

Sec. 174.254

Sec. 174.255

Sec. 174.256

Subchapter G

Sec. 174.301

Sec. 174.302

Sec. 174.303

Sec. 174.304

Subchapter H

Sec. 174.351

Sec. 174.352

Sec. 174.353

Sec. 174.354

Subtitle Z

Chapter 191

Sec. 191.001

Sec. 191.002

Sec. 191.003

Sec. 191.004

Sec. 191.005

Sec. 191.006

Chapter 192

Sec. 192.001

Sec. 192.002

Sec. 192.003

Sec. 192.004

Sec. 192.005

Chapter 193

Sec. 193.001

Sec. 193.002

Chapter 194

Sec. 194.001

Sec. 194.002

Chapter 199

Sec. 199.001

Sec. 199.002

Sec. 199.003

Title 6

Subtitle A

Chapter 201

Subchapter A

Sec. 201.001

Sec. 201.002

Sec. 201.003

Subchapter B

Sec. 201.051

Sec. 201.052

Sec. 201.053

Sec. 201.054

Sec. 201.056

Sec. 201.057

Sec. 201.058

Sec. 201.059

Subchapter C

Sec. 201.101

Sec. 201.102

Sec. 201.103

Sec. 201.104

Sec. 201.105

Sec. 201.1055

Sec. 201.106

Sec. 201.1075

Sec. 201.108

Sec. 201.109

Sec. 201.110

Sec. 201.111

Sec. 201.112

Sec. 201.113

Sec. 201.114

Sec. 201.115

Sec. 201.116

Sec. 201.117

Sec. 201.118

Sec. 201.119

Subchapter D

Sec. 201.201

Sec. 201.202

Sec. 201.203

Sec. 201.2035

Sec. 201.204

Sec. 201.2041

Sec. 201.205

Sec. 201.206

Sec. 201.207

Sec. 201.208

Sec. 201.209

Sec. 201.210

Sec. 201.211

Subchapter E

Sec. 201.301

Sec. 201.302

Sec. 201.303

Subchapter F

Sec. 201.401

Sec. 201.402

Sec. 201.403

Sec. 201.404

Sec. 201.405

Sec. 201.406

Subchapter F-1

Sec. 201.451

Sec. 201.452

Sec. 201.453

Sec. 201.454

Sec. 201.455

Sec. 201.456

Subchapter G

Sec. 201.501

Sec. 201.502

Sec. 201.503

Subchapter H

Sec. 201.601

Sec. 201.6011

Sec. 201.6012

Sec. 201.6013

Sec. 201.6015

Sec. 201.602

Sec. 201.603

Sec. 201.6035

Sec. 201.604

Sec. 201.606

Sec. 201.607

Sec. 201.608

Sec. 201.609

Sec. 201.610

Sec. 201.611

Sec. 201.612

Sec. 201.613

Sec. 201.614

Sec. 201.615

Sec. 201.616

Sec. 201.617

Sec. 201.618

Sec. 201.619

Sec. 201.620

Sec. 201.621

Sec. 201.622

Subchapter I

Sec. 201.701

Sec. 201.702

Sec. 201.703

Sec. 201.704

Sec. 201.705

Sec. 201.706

Sec. 201.707

Sec. 201.710

Subchapter I-1

Sec. 201.751

Sec. 201.752

Sec. 201.753

Sec. 201.754

Sec. 201.755

Sec. 201.756

Sec. 201.757

Sec. 201.758

Sec. 201.759

Sec. 201.760

Sec. 201.761

Sec. 201.762

Subchapter J

Sec. 201.801

Sec. 201.802

Sec. 201.803

Sec. 201.8035

Sec. 201.804

Sec. 201.805

Sec. 201.806

Sec. 201.807

Sec. 201.8075

Sec. 201.808

Sec. 201.809

Sec. 201.810

Sec. 201.811

Sec. 201.812

Subchapter K

Sec. 201.901

Sec. 201.902

Sec. 201.9025

Sec. 201.903

Sec. 201.904

Sec. 201.905

Sec. 201.906

Sec. 201.907

Sec. 201.908

Sec. 201.909

Sec. 201.910

Sec. 201.911

Subchapter L

Sec. 201.931

Sec. 201.932

Sec. 201.933

Sec. 201.934

Subchapter M

Sec. 201.941

Sec. 201.942

Sec. 201.943

Sec. 201.944

Sec. 201.945

Sec. 201.946

Sec. 201.947

Subchapter N

Sec. 201.961

Sec. 201.962

Sec. 201.963

Sec. 201.964

Subchapter O

Sec. 201.971

Sec. 201.972

Sec. 201.973

Sec. 201.974

Sec. 201.975

Sec. 201.976

Sec. 201.977

Sec. 201.978

Sec. 201.979

Sec. 201.980

Subchapter P

Sec. 201.9901

Sec. 201.991

Sec. 201.9911

Sec. 201.992

Sec. 201.993

Sec. 201.9932

Sec. 201.994

Sec. 201.995

Sec. 201.996

Sec. 201.997

Sec. 201.998

Sec. 201.9991

Sec. 201.9992

Subchapter Y

Sec. 201.2001

Sec. 201.2002

Sec. 201.2003

Chapter 202

Subchapter A

Sec. 202.001

Sec. 202.002

Subchapter B

Sec. 202.021

Sec. 202.022

Sec. 202.023

Sec. 202.024

Sec. 202.025

Sec. 202.026

Sec. 202.027

Sec. 202.028

Sec. 202.029

Sec. 202.030

Sec. 202.031

Sec. 202.032

Sec. 202.033

Subchapter C

Sec. 202.051

Sec. 202.052

Sec. 202.053

Sec. 202.054

Sec. 202.055

Sec. 202.056

Sec. 202.057

Sec. 202.058

Sec. 202.059

Sec. 202.060

Sec. 202.061

Subchapter D

Sec. 202.081

Sec. 202.082

Subchapter E

Sec. 202.091

Sec. 202.092

Sec. 202.093

Sec. 202.094

Sec. 202.095

Sec. 202.096

Sec. 202.097

Subchapter F

Sec. 202.111

Sec. 202.112

Sec. 202.113

Sec. 202.114

Chapter 203

Subchapter A

Sec. 203.001

Sec. 203.002

Sec. 203.003

Subchapter B

Sec. 203.021

Sec. 203.022

Sec. 203.023

Subchapter C

Sec. 203.031

Sec. 203.032

Sec. 203.033

Sec. 203.034

Subchapter D

Sec. 203.051

Sec. 203.052

Sec. 203.0521

Sec. 203.053

Sec. 203.054

Sec. 203.055

Sec. 203.056

Sec. 203.057

Sec. 203.058

Sec. 203.059

Sec. 203.060

Sec. 203.061

Sec. 203.062

Sec. 203.063

Sec. 203.064

Sec. 203.065

Sec. 203.066

Sec. 203.067

Sec. 203.068

Sec. 203.069

Subchapter E

Sec. 203.091

Sec. 203.092

Sec. 203.0921

Sec. 203.093

Sec. 203.0935

Sec. 203.094

Sec. 203.0941

Sec. 203.095

Subchapter F

Sec. 203.111

Sec. 203.112

Chapter 204

Sec. 204.001

Sec. 204.002

Sec. 204.003

Sec. 204.004

Sec. 204.005

Sec. 204.006

Sec. 204.007

Sec. 204.008

Sec. 204.009

Sec. 204.010

Sec. 204.011

Subtitle B

Chapter 221

Sec. 221.001

Sec. 221.002

Sec. 221.003

Chapter 222

Subchapter A

Sec. 222.001

Sec. 222.002

Sec. 222.003

Sec. 222.004

Sec. 222.005

Sec. 222.006

Subchapter B

Sec. 222.031

Sec. 222.032

Sec. 222.033

Sec. 222.034

Sec. 222.035

Subchapter C

Sec. 222.051

Sec. 222.052

Sec. 222.053

Subchapter D

Sec. 222.071

Sec. 222.072

Sec. 222.073

Sec. 222.074

Sec. 222.0745

Sec. 222.075

Sec. 222.076

Sec. 222.077

Subchapter E

Sec. 222.1001

Sec. 222.101

Sec. 222.103

Sec. 222.104

Sec. 222.1045

Sec. 222.1045

Sec. 222.105

Sec. 222.106

Sec. 222.107

Sec. 222.1071

Sec. 222.1072

Sec. 222.1075

Sec. 222.108

Sec. 222.109

Sec. 222.110

Sec. 222.111

Chapter 223

Subchapter A

Sec. 223.001

Sec. 223.002

Sec. 223.003

Sec. 223.004

Sec. 223.0041

Sec. 223.0042

Sec. 223.005

Sec. 223.006

Sec. 223.007

Sec. 223.008

Sec. 223.009

Sec. 223.010

Sec. 223.012

Sec. 223.013

Sec. 223.014

Sec. 223.015

Sec. 223.016

Subchapter B

Sec. 223.041

Sec. 223.042

Sec. 223.043

Sec. 223.044

Sec. 223.045

Sec. 223.046

Sec. 223.047

Sec. 223.048

Sec. 223.049

Sec. 223.050

Sec. 223.051

Sec. 223.051

Subchapter C

Sec. 223.101

Sec. 223.102

Sec. 223.103

Sec. 223.104

Sec. 223.105

Subchapter D

Sec. 223.151

Sec. 223.152

Sec. 223.153

Sec. 223.154

Sec. 223.155

Sec. 223.156

Sec. 223.157

Subchapter E

Sec. 223.201

Sec. 223.2011

Sec. 223.2012

Sec. 223.2013

Sec. 223.202

Sec. 223.203

Sec. 223.204

Sec. 223.205

Sec. 223.206

Sec. 223.207

Sec. 223.208

Sec. 223.209

Subchapter F

Sec. 223.241

Sec. 223.242

Sec. 223.243

Sec. 223.244

Sec. 223.245

Sec. 223.246

Sec. 223.247

Sec. 223.248

Sec. 223.249

Sec. 223.250

Chapter 224

Subchapter A

Sec. 224.001

Sec. 224.002

Sec. 224.003

Sec. 224.004

Sec. 224.005

Sec. 224.006

Sec. 224.007

Sec. 224.008

Subchapter B

Sec. 224.031

Sec. 224.032

Sec. 224.033

Sec. 224.034

Subchapter C

Sec. 224.061

Sec. 224.062

Sec. 224.063

Sec. 224.064

Sec. 224.065

Sec. 224.066

Subchapter D

Sec. 224.091

Sec. 224.092

Sec. 224.093

Subchapter E

Sec. 224.121

Sec. 224.122

Sec. 224.123

Subchapter F

Sec. 224.151

Sec. 224.152

Sec. 224.153

Sec. 224.1541

Sec. 224.1542

Sec. 224.1543

Sec. 224.159

Chapter 225

Subchapter A

Sec. 225.001

Sec. 225.002

Sec. 225.003

Sec. 225.004

Sec. 225.005

Sec. 225.006

Subchapter B

Sec. 225.021

Sec. 225.022

Sec. 225.0225

Sec. 225.023

Sec. 225.024

Sec. 225.025

Sec. 225.026

Sec. 225.027

Sec. 225.0274

Sec. 225.0275

Sec. 225.0276

Sec. 225.0277

Sec. 225.028

Sec. 225.0285

Sec. 225.0286

Sec. 225.029

Sec. 225.030

Sec. 225.031

Sec. 225.032

Sec. 225.033

Sec. 225.0331

Sec. 225.034

Sec. 225.0341

Sec. 225.035

Sec. 225.036

Sec. 225.037

Sec. 225.038

Sec. 225.039

Sec. 225.0395

Sec. 225.040

Sec. 225.0401

Sec. 225.0402

Sec. 225.041

Sec. 225.042

Sec. 225.043

Sec. 225.044

Sec. 225.045

Sec. 225.046

Sec. 225.047

Sec. 225.048

Sec. 225.049

Sec. 225.050

Sec. 225.051

Sec. 225.052

Sec. 225.053

Sec. 225.054

Sec. 225.055

Sec. 225.056

Sec. 225.057

Sec. 225.058

Sec. 225.059

Sec. 225.0591

Sec. 225.060

Sec. 225.061

Sec. 225.062

Sec. 225.063

Sec. 225.064

Sec. 225.065

Sec. 225.066

Sec. 225.067

Sec. 225.068

Sec. 225.069

Sec. 225.070

Sec. 225.071

Sec. 225.072

Sec. 225.073

Sec. 225.074

Sec. 225.0741

Sec. 225.075

Sec. 225.076

Sec. 225.077

Sec. 225.078

Sec. 225.079

Sec. 225.080

Sec. 225.081

Sec. 225.082

Sec. 225.082

Sec. 225.083

Sec. 225.084

Sec. 225.085

Sec. 225.086

Sec. 225.087

Sec. 225.088

Sec. 225.089

Sec. 225.090

Sec. 225.091

Sec. 225.092

Sec. 225.093

Sec. 225.094

Sec. 225.095

Sec. 225.096

Sec. 225.097

Sec. 225.098

Sec. 225.099

Sec. 225.100

Sec. 225.101

Sec. 225.102

Sec. 225.103

Sec. 225.104

Sec. 225.105

Sec. 225.106

Sec. 225.107

Sec. 225.108

Sec. 225.109

Sec. 225.110

Sec. 225.111

Sec. 225.112

Sec. 225.113

Sec. 225.114

Sec. 225.115

Sec. 225.116

Sec. 225.117

Sec. 225.118

Sec. 225.119

Sec. 225.120

Sec. 225.121

Sec. 225.122

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.123

Sec. 225.124

Sec. 225.124

Sec. 225.125

Sec. 225.125

Sec. 225.126

Sec. 225.127

Sec. 225.128

Sec. 225.129

Sec. 225.130

Sec. 225.131

Sec. 225.132

Sec. 225.133

Chapter 226

Sec. 226.001

Sec. 226.002

Sec. 226.003

Sec. 226.004

Sec. 226.005

Sec. 226.006

Sec. 226.007

Chapter 228

Subchapter A

Sec. 228.001

Sec. 228.002

Sec. 228.003

Sec. 228.0031

Sec. 228.004

Sec. 228.005

Sec. 228.0055

Sec. 228.006

Sec. 228.007

Sec. 228.008

Sec. 228.009

Sec. 228.010

Sec. 228.011

Sec. 228.012

Sec. 228.013

Subchapter B

Sec. 228.051

Sec. 228.052

Sec. 228.053

Sec. 228.054

Sec. 228.0545

Sec. 228.0546

Sec. 228.0547

Sec. 228.055

Sec. 228.056

Sec. 228.057

Sec. 228.058

Sec. 228.059

Subchapter C

Sec. 228.101

Sec. 228.102

Sec. 228.103

Sec. 228.104

Sec. 228.105

Sec. 228.106

Sec. 228.107

Sec. 228.108

Sec. 228.109

Sec. 228.110

Sec. 228.111

Sec. 228.112

Sec. 228.113

Sec. 228.114

Sec. 228.115

Sec. 228.116

Sec. 228.117

Subchapter D

Sec. 228.151

Sec. 228.152

Sec. 228.153

Sec. 228.154

Subchapter E

Sec. 228.201

Sec. 228.204

Sec. 228.205

Sec. 228.206

Sec. 228.207

Subchapter F

Sec. 228.251

Sec. 228.252

Sec. 228.253

Sec. 228.254

Chapter 250

Sec. 250.001

Subtitle C

Chapter 251

Subchapter A

Sec. 251.001

Sec. 251.002

Sec. 251.003

Sec. 251.004

Sec. 251.005

Sec. 251.006

Sec. 251.007

Sec. 251.008

Sec. 251.009

Sec. 251.0095

Sec. 251.0096

Sec. 251.010

Sec. 251.011

Sec. 251.012

Sec. 251.013

Sec. 251.014

Sec. 251.015

Sec. 251.016

Sec. 251.0165

Sec. 251.017

Sec. 251.018

Sec. 251.019

Subchapter B

Sec. 251.051

Sec. 251.052

Sec. 251.053

Sec. 251.055

Sec. 251.056

Sec. 251.057

Sec. 251.058

Sec. 251.059

Subchapter C

Sec. 251.081

Sec. 251.082

Sec. 251.083

Subchapter D

Sec. 251.101

Sec. 251.102

Sec. 251.103

Subchapter E

Sec. 251.151

Sec. 251.152

Sec. 251.153

Sec. 251.154

Sec. 251.155

Sec. 251.156

Sec. 251.157

Sec. 251.1575

Sec. 251.158

Sec. 251.159

Sec. 251.160

Sec. 251.161

Chapter 252

Subchapter A

Sec. 252.001

Sec. 252.002

Sec. 252.003

Sec. 252.004

Sec. 252.005

Sec. 252.006

Subchapter B

Sec. 252.101

Sec. 252.102

Sec. 252.103

Sec. 252.104

Sec. 252.105

Sec. 252.106

Sec. 252.107

Sec. 252.108

Sec. 252.109

Sec. 252.110

Sec. 252.111

Subchapter C

Sec. 252.201

Sec. 252.202

Sec. 252.203

Sec. 252.204

Sec. 252.205

Sec. 252.206

Sec. 252.207

Sec. 252.208

Sec. 252.209

Sec. 252.210

Sec. 252.211

Sec. 252.212

Sec. 252.213

Sec. 252.214

Sec. 252.215

Sec. 252.216

Subchapter D

Sec. 252.301

Sec. 252.302

Sec. 252.303

Sec. 252.304

Sec. 252.305

Sec. 252.306

Sec. 252.307

Sec. 252.308

Sec. 252.309

Sec. 252.310

Sec. 252.311

Sec. 252.312

Sec. 252.313

Sec. 252.314

Chapter 253

Sec. 253.001

Sec. 253.002

Sec. 253.003

Sec. 253.004

Sec. 253.005

Sec. 253.006

Sec. 253.007

Sec. 253.008

Sec. 253.009

Sec. 253.010

Sec. 253.011

Sec. 253.012

Chapter 254

Sec. 254.001

Sec. 254.002

Sec. 254.003

Sec. 254.004

Sec. 254.005

Sec. 254.006

Sec. 254.007

Sec. 254.008

Sec. 254.009

Sec. 254.010

Sec. 254.011

Sec. 254.012

Sec. 254.013

Sec. 254.014

Sec. 254.015

Sec. 254.016

Sec. 254.017

Sec. 254.018

Sec. 254.019

Chapter 255

Sec. 255.001

Sec. 255.002

Sec. 255.003

Sec. 255.004

Sec. 255.005

Sec. 255.006

Sec. 255.007

Chapter 256

Subchapter A

Sec. 256.001

Sec. 256.002

Sec. 256.003

Sec. 256.004

Sec. 256.005

Sec. 256.006

Sec. 256.007

Sec. 256.008

Sec. 256.009

Sec. 256.010

Subchapter B

Sec. 256.051

Sec. 256.052

Sec. 256.053

Sec. 256.054

Subchapter C

Sec. 256.101

Sec. 256.102

Sec. 256.103

Sec. 256.104

Sec. 256.105

Sec. 256.106

Chapter 257

Subchapter A

Sec. 257.001

Sec. 257.002

Sec. 257.003

Sec. 257.004

Sec. 257.005

Sec. 257.006

Subchapter B

Sec. 257.021

Sec. 257.022

Sec. 257.023

Sec. 257.024

Sec. 257.025

Sec. 257.026

Subchapter C

Sec. 257.101

Sec. 257.102

Sec. 257.103

Sec. 257.104

Sec. 257.105

Sec. 257.106

Sec. 257.107

Sec. 257.108

Sec. 257.109

Sec. 257.110

Sec. 257.111

Sec. 257.112

Sec. 257.113

Sec. 257.114

Sec. 257.115

Sec. 257.116

Sec. 257.117

Sec. 257.118

Sec. 257.119

Sec. 257.120

Sec. 257.121

Sec. 257.122

Sec. 257.123

Sec. 257.124

Subchapter Z

Sec. 257.901

Chapter 258

Sec. 258.001

Sec. 258.002

Sec. 258.003

Sec. 258.004

Sec. 258.005

Sec. 258.006

Sec. 258.007

Chapter 280

Sec. 280.001

Sec. 280.002

Sec. 280.003

Subtitle D

Chapter 281

Sec. 281.001

Sec. 281.002

Sec. 281.003

Sec. 281.004

Sec. 281.005

Sec. 281.006

Sec. 281.007

Chapter 282

Sec. 282.001

Sec. 282.002

Sec. 282.003

Sec. 282.004

Sec. 282.005

Sec. 282.006

Sec. 282.007

Sec. 282.008

Sec. 282.009

Sec. 282.010

Sec. 282.011

Sec. 282.012

Chapter 283

Subchapter A

Sec. 283.001

Sec. 283.002

Sec. 283.003

Subchapter B

Sec. 283.101

Sec. 283.102

Sec. 283.103

Sec. 283.104

Subchapter C

Sec. 283.201

Sec. 283.202

Sec. 283.203

Sec. 283.204

Sec. 283.205

Sec. 283.206

Sec. 283.207

Sec. 283.208

Sec. 283.209

Sec. 283.210

Chapter 284

Subchapter A

Sec. 284.001

Sec. 284.002

Sec. 284.003

Sec. 284.0031

Sec. 284.004

Sec. 284.005

Sec. 284.006

Sec. 284.007

Sec. 284.008

Sec. 284.011

Sec. 284.012

Sec. 284.013

Subchapter B

Sec. 284.031

Sec. 284.032

Sec. 284.033

Sec. 284.034

Sec. 284.035

Sec. 284.036

Sec. 284.037

Sec. 284.038

Sec. 284.039

Sec. 284.040

Sec. 284.041

Sec. 284.042

Sec. 284.043

Sec. 284.044

Sec. 284.045

Sec. 284.046

Subchapter C

Sec. 284.061

Sec. 284.0615

Sec. 284.062

Sec. 284.063

Sec. 284.064

Sec. 284.065

Sec. 284.066

Sec. 284.0665

Sec. 284.067

Sec. 284.068

Sec. 284.069

Sec. 284.070

Sec. 284.0701

Sec. 284.0702

Sec. 284.071

Sec. 284.072

Sec. 284.073

Sec. 284.074

Subchapter D

Sec. 284.201

Sec. 284.202

Sec. 284.203

Sec. 284.2031

Sec. 284.2032

Sec. 284.204

Sec. 284.205

Sec. 284.206

Sec. 284.207

Sec. 284.208

Sec. 284.209

Sec. 284.210

Sec. 284.211

Sec. 284.212

Sec. 284.213

Chapter 285

Sec. 285.001

Sec. 285.002

Sec. 285.003

Sec. 285.004

Chapter 286

Subchapter A

Sec. 286.001

Sec. 286.002

Sec. 286.003

Sec. 286.004

Sec. 286.005

Sec. 286.006

Sec. 286.007

Sec. 286.008

Sec. 286.009

Sec. 286.010

Sec. 286.011

Sec. 286.012

Sec. 286.013

Sec. 286.014

Subchapter B

Sec. 286.041

Sec. 286.042

Sec. 286.043

Sec. 286.044

Sec. 286.045

Sec. 286.046

Sec. 286.047

Sec. 286.048

Sec. 286.049

Sec. 286.050

Sec. 286.051

Sec. 286.052

Sec. 286.053

Subchapter C

Sec. 286.061

Sec. 286.062

Sec. 286.063

Sec. 286.064

Sec. 286.065

Sec. 286.066

Sec. 286.067

Sec. 286.068

Sec. 286.069

Sec. 286.070

Subchapter D

Sec. 286.081

Subtitle E

Chapter 311

Subchapter A

Sec. 311.001

Sec. 311.002

Sec. 311.003

Sec. 311.004

Sec. 311.005

Sec. 311.006

Sec. 311.007

Sec. 311.008

Subchapter B

Sec. 311.031

Sec. 311.032

Sec. 311.033

Sec. 311.034

Sec. 311.035

Subchapter C

Sec. 311.051

Sec. 311.052

Sec. 311.053

Sec. 311.054

Subchapter D

Sec. 311.071

Sec. 311.072

Sec. 311.073

Sec. 311.074

Sec. 311.075

Sec. 311.076

Sec. 311.077

Sec. 311.078

Subchapter E

Sec. 311.091

Sec. 311.092

Sec. 311.093

Sec. 311.094

Sec. 311.095

Sec. 311.096

Subchapter Z

Sec. 311.901

Sec. 311.902

Sec. 311.903

Sec. 311.904

Chapter 312

Subchapter A

Sec. 312.001

Sec. 312.002

Sec. 312.003

Sec. 312.004

Subchapter B

Sec. 312.021

Sec. 312.022

Sec. 312.023

Sec. 312.024

Subchapter C

Sec. 312.041

Sec. 312.042

Sec. 312.043

Sec. 312.044

Sec. 312.045

Sec. 312.046

Sec. 312.047

Subchapter D

Sec. 312.061

Sec. 312.062

Sec. 312.063

Sec. 312.064

Sec. 312.065

Sec. 312.066

Sec. 312.067

Chapter 313

Subchapter A

Sec. 313.001

Sec. 313.002

Sec. 313.003

Subchapter B

Sec. 313.021

Sec. 313.022

Sec. 313.023

Sec. 313.024

Subchapter C

Sec. 313.041

Sec. 313.042

Sec. 313.043

Sec. 313.044

Sec. 313.045

Sec. 313.046

Sec. 313.047

Sec. 313.048

Sec. 313.049

Sec. 313.050

Sec. 313.051

Sec. 313.052

Sec. 313.053

Sec. 313.054

Sec. 313.055

Chapter 314

Subchapter A

Sec. 314.001

Subchapter B

Sec. 314.011

Sec. 314.012

Sec. 314.013

Subchapter C

Sec. 314.021

Sec. 314.022

Sec. 314.023

Sec. 314.024

Sec. 314.025

Sec. 314.026

Subchapter D

Sec. 314.041

Sec. 314.042

Sec. 314.043

Sec. 314.044

Sec. 314.045

Sec. 314.046

Sec. 314.047

Sec. 314.048

Sec. 314.049

Sec. 314.050

Sec. 314.051

Sec. 314.052

Sec. 314.053

Sec. 314.054

Chapter 315

Subchapter A

Sec. 315.001

Sec. 315.002

Subchapter B

Sec. 315.021

Sec. 315.022

Sec. 315.023

Sec. 315.024

Sec. 315.025

Subchapter C

Sec. 315.041

Sec. 315.042

Sec. 315.043

Sec. 315.044

Sec. 315.045

Subchapter D

Sec. 315.061

Sec. 315.062

Sec. 315.063

Sec. 315.064

Sec. 315.065

Sec. 315.066

Sec. 315.067

Sec. 315.068

Sec. 315.069

Sec. 315.070

Sec. 315.071

Sec. 315.072

Sec. 315.073

Sec. 315.074

Sec. 315.075

Subchapter E

Sec. 315.091

Sec. 315.092

Sec. 315.093

Sec. 315.094

Sec. 315.095

Sec. 315.096

Chapter 316

Subchapter A

Sec. 316.001

Sec. 316.002

Sec. 316.003

Sec. 316.004

Sec. 316.005

Sec. 316.006

Sec. 316.007

Sec. 316.008

Sec. 316.009

Sec. 316.010

Subchapter B

Sec. 316.021

Chapter 317

Subchapter A

Sec. 317.001

Sec. 317.002

Sec. 317.003

Sec. 317.004

Sec. 317.005

Sec. 317.006

Sec. 317.007

Subchapter B

Sec. 317.051

Sec. 317.052

Sec. 317.053

Sec. 317.054

Subchapter C

Sec. 317.101

Sec. 317.102

Sec. 317.103

Sec. 317.104

Sec. 317.105

Sec. 317.106

Sec. 317.107

Sec. 317.108

Sec. 317.109

Sec. 317.110

Sec. 317.111

Sec. 317.112

Subchapter D

Sec. 317.151

Sec. 317.152

Sec. 317.153

Sec. 317.154

Sec. 317.155

Sec. 317.156

Subtitle F

Chapter 341

Sec. 341.001

Sec. 341.002

Sec. 341.003

Sec. 341.004

Sec. 341.005

Sec. 341.006

Chapter 342

Subchapter A

Sec. 342.001

Sec. 342.002

Sec. 342.003

Sec. 342.004

Subchapter B

Sec. 342.051

Sec. 342.052

Sec. 342.053

Subchapter C

Sec. 342.101

Sec. 342.102

Sec. 342.103

Sec. 342.104

Sec. 342.105

Sec. 342.106

Sec. 342.107

Sec. 342.108

Subchapter D

Sec. 342.201

Sec. 342.202

Sec. 342.203

Sec. 342.204

Sec. 342.205

Subchapter E

Sec. 342.301

Sec. 342.302

Sec. 342.303

Sec. 342.304

Sec. 342.305

Sec. 342.306

Subchapter F

Sec. 342.401

Sec. 342.402

Subtitle G

Chapter 362

Subchapter B

Sec. 362.051

Sec. 362.054

Sec. 362.055

Subchapter C

Sec. 362.101

Sec. 362.102

Sec. 362.103

Sec. 362.104

Sec. 362.105

Sec. 362.106

Subchapter Z

Sec. 362.901

Sec. 362.902

Chapter 363

Sec. 363.001

Sec. 363.002

Sec. 363.003

Sec. 363.004

Sec. 363.005

Chapter 364

Subchapter A

Sec. 364.0001

Sec. 364.001

Sec. 364.002

Sec. 364.003

Sec. 364.004

Subchapter B

Sec. 364.021

Sec. 364.022

Sec. 364.023

Sec. 364.024

Subchapter C

Sec. 364.041

Sec. 364.042

Sec. 364.043

Sec. 364.044

Sec. 364.045

Sec. 364.046

Sec. 364.047

Sec. 364.048

Sec. 364.049

Sec. 364.050

Sec. 364.051

Sec. 364.052

Sec. 364.053

Sec. 364.054

Sec. 364.055

Chapter 365

Subchapter A

Sec. 365.001

Sec. 365.002

Sec. 365.003

Sec. 365.004

Subchapter B

Sec. 365.011

Sec. 365.012

Sec. 365.013

Sec. 365.014

Sec. 365.015

Subchapter C

Sec. 365.031

Sec. 365.032

Sec. 365.033

Sec. 365.034

Sec. 365.035

Sec. 365.036

Sec. 365.037

Sec. 365.038

Sec. 365.039

Sec. 365.040

Sec. 365.041

Sec. 365.042

Sec. 365.043

Sec. 365.044

Chapter 366

Subchapter A

Sec. 366.001

Sec. 366.002

Sec. 366.003

Sec. 366.004

Subchapter B

Sec. 366.031

Sec. 366.0311

Sec. 366.032

Sec. 366.033

Sec. 366.034

Sec. 366.036

Sec. 366.037

Sec. 366.038

Subchapter C

Sec. 366.071

Sec. 366.072

Sec. 366.073

Subchapter D

Sec. 366.111

Sec. 366.112

Sec. 366.113

Sec. 366.114

Sec. 366.115

Sec. 366.116

Sec. 366.117

Sec. 366.118

Subchapter E

Sec. 366.161

Sec. 366.162

Sec. 366.163

Sec. 366.164

Sec. 366.165

Sec. 366.166

Sec. 366.167

Sec. 366.168

Sec. 366.169

Sec. 366.170

Sec. 366.171

Sec. 366.172

Sec. 366.173

Sec. 366.174

Sec. 366.175

Sec. 366.176

Sec. 366.177

Sec. 366.178

Sec. 366.179

Sec. 366.180

Sec. 366.181

Sec. 366.182

Sec. 366.183

Sec. 366.184

Sec. 366.185

Subchapter F

Sec. 366.251

Sec. 366.252

Sec. 366.253

Sec. 366.254

Sec. 366.255

Sec. 366.256

Sec. 366.257

Sec. 366.2575

Sec. 366.258

Sec. 366.259

Sec. 366.260

Sec. 366.261

Sec. 366.262

Subchapter G

Sec. 366.301

Sec. 366.302

Sec. 366.303

Sec. 366.304

Subchapter H

Sec. 366.401

Sec. 366.402

Sec. 366.403

Sec. 366.404

Sec. 366.405

Sec. 366.406

Sec. 366.407

Sec. 366.408

Sec. 366.409

Chapter 367

Subchapter A

Sec. 367.001

Sec. 367.002

Sec. 367.003

Sec. 367.004

Sec. 367.005

Sec. 367.006

Sec. 367.007

Sec. 367.008

Sec. 367.009

Sec. 367.010

Sec. 367.011

Sec. 367.012

Sec. 367.013

Sec. 367.014

Sec. 367.015

Sec. 367.016

Sec. 367.017

Subchapter B

Sec. 367.051

Sec. 367.052

Sec. 367.053

Sec. 367.054

Sec. 367.055

Sec. 367.056

Sec. 367.057

Sec. 367.058

Sec. 367.059

Sec. 367.060

Sec. 367.061

Sec. 367.062

Sec. 367.063

Sec. 367.064

Sec. 367.065

Sec. 367.066

Sec. 367.067

Sec. 367.068

Subchapter C

Sec. 367.101

Sec. 367.102

Sec. 367.103

Chapter 370

Subchapter A

Sec. 370.001

Sec. 370.003

Sec. 370.004

Subchapter B

Sec. 370.031

Sec. 370.0311

Sec. 370.0315

Sec. 370.032

Sec. 370.033

Sec. 370.034

Sec. 370.036

Sec. 370.037

Sec. 370.038

Sec. 370.039

Subchapter C

Sec. 370.071

Sec. 370.072

Sec. 370.073

Subchapter D

Sec. 370.111

Sec. 370.112

Sec. 370.113

Sec. 370.114

Sec. 370.115

Sec. 370.116

Sec. 370.117

Sec. 370.118

Subchapter E

Sec. 370.161

Sec. 370.162

Sec. 370.163

Sec. 370.164

Sec. 370.165

Sec. 370.166

Sec. 370.167

Sec. 370.168

Sec. 370.169

Sec. 370.170

Sec. 370.171

Sec. 370.172

Sec. 370.173

Sec. 370.174

Sec. 370.175

Sec. 370.176

Sec. 370.177

Sec. 370.178

Sec. 370.179

Sec. 370.180

Sec. 370.181

Sec. 370.182

Sec. 370.183

Sec. 370.184

Sec. 370.185

Sec. 370.186

Sec. 370.187

Sec. 370.188

Sec. 370.189

Sec. 370.190

Sec. 370.191

Sec. 370.1911

Sec. 370.192

Sec. 370.193

Subchapter F

Sec. 370.251

Sec. 370.2511

Sec. 370.2515

Sec. 370.252

Sec. 370.2521

Sec. 370.2522

Sec. 370.2523

Sec. 370.253

Sec. 370.254

Sec. 370.255

Sec. 370.256

Sec. 370.257

Sec. 370.258

Sec. 370.259

Sec. 370.260

Sec. 370.261

Sec. 370.262

Subchapter G

Sec. 370.301

Sec. 370.302

Sec. 370.303

Sec. 370.304

Sec. 370.305

Sec. 370.306

Sec. 370.307

Sec. 370.308

Sec. 370.309

Sec. 370.310

Sec. 370.311

Sec. 370.312

Sec. 370.313

Sec. 370.315

Sec. 370.317

Subchapter H

Sec. 370.331

Sec. 370.332

Sec. 370.333

Subchapter I

Sec. 370.351

Sec. 370.352

Sec. 370.353

Sec. 370.354

Sec. 370.355

Subchapter J

Sec. 370.361

Sec. 370.362

Sec. 370.363

Sec. 370.364

Sec. 370.365

Subchapter K

Sec. 370.401

Sec. 370.402

Sec. 370.403

Sec. 370.404

Sec. 370.405

Sec. 370.406

Sec. 370.407

Sec. 370.408

Sec. 370.409

Sec. 370.410

Chapter 371

Subchapter A

Sec. 371.001

Sec. 371.002

Sec. 371.003

Subchapter B

Sec. 371.051

Sec. 371.052

Subchapter C

Sec. 371.101

Sec. 371.102

Sec. 371.103

Subchapter D

Sec. 371.151

Sec. 371.152

Sec. 371.153

Chapter 372

Subchapter A

Sec. 372.001

Sec. 372.002

Subchapter B

Sec. 372.051

Sec. 372.052

Sec. 372.053

Subchapter C

Sec. 372.101

Sec. 372.102

Sec. 372.103

Sec. 372.104

Sec. 372.105

Sec. 372.106

Sec. 372.107

Sec. 372.108

Sec. 372.109

Sec. 372.110

Sec. 372.111

Sec. 372.112

Sec. 372.113

Sec. 372.114

Sec. 372.115

Chapter 373

Subchapter A

Sec. 373.001

Sec. 373.002

Sec. 373.003

Sec. 373.004

Sec. 373.005

Sec. 373.006

Sec. 373.007

Subchapter B

Sec. 373.051

Sec. 373.052

Sec. 373.053

Sec. 373.054

Sec. 373.055

Sec. 373.056

Sec. 373.057

Sec. 373.058

Sec. 373.059

Subchapter C

Sec. 373.101

Sec. 373.102

Sec. 373.103

Sec. 373.104

Sec. 373.105

Subtitle H

Chapter 391

Subchapter A

Sec. 391.001

Sec. 391.002

Sec. 391.003

Sec. 391.004

Sec. 391.006

Subchapter B

Sec. 391.031

Sec. 391.032

Sec. 391.033

Sec. 391.034

Sec. 391.035

Sec. 391.0355

Sec. 391.036

Sec. 391.038

Sec. 391.039

Subchapter C

Sec. 391.061

Sec. 391.062

Sec. 391.063

Sec. 391.064

Sec. 391.065

Sec. 391.066

Sec. 391.0661

Sec. 391.067

Sec. 391.068

Sec. 391.069

Sec. 391.070

Subchapter D

Sec. 391.091

Sec. 391.092

Sec. 391.093

Sec. 391.0935

Sec. 391.094

Sec. 391.095

Sec. 391.096

Sec. 391.098

Sec. 391.099

Subchapter E

Sec. 391.121

Sec. 391.122

Sec. 391.123

Sec. 391.124

Sec. 391.125

Sec. 391.126

Sec. 391.127

Subchapter F

Sec. 391.151

Sec. 391.152

Subchapter G

Sec. 391.181

Sec. 391.182

Sec. 391.183

Sec. 391.184

Subchapter H

Sec. 391.211

Sec. 391.212

Sec. 391.213

Subchapter I

Sec. 391.252

Sec. 391.253

Sec. 391.254

Sec. 391.255

Chapter 392

Subchapter A

Sec. 392.001

Sec. 392.002

Sec. 392.003

Sec. 392.004

Subchapter B

Sec. 392.031

Sec. 392.032

Sec. 392.0325

Sec. 392.033

Sec. 392.034

Sec. 392.035

Sec. 392.0355

Sec. 392.036

Sec. 392.037

Sec. 392.038

Chapter 393

Sec. 393.001

Sec. 393.002

Sec. 393.0025

Sec. 393.0026

Sec. 393.003

Sec. 393.004

Sec. 393.005

Sec. 393.006

Sec. 393.007

Chapter 394

Subchapter A

Sec. 394.001

Sec. 394.002

Sec. 394.003

Sec. 394.004

Sec. 394.005

Sec. 394.006

Subchapter B

Sec. 394.0201

Sec. 394.0202

Sec. 394.0203

Sec. 394.0204

Sec. 394.0205

Sec. 394.0206

Sec. 394.0207

Sec. 394.021

Sec. 394.022

Sec. 394.023

Sec. 394.024

Sec. 394.025

Sec. 394.026

Sec. 394.027

Sec. 394.028

Sec. 394.029

Subchapter C

Sec. 394.041

Sec. 394.042

Sec. 394.043

Sec. 394.044

Sec. 394.045

Sec. 394.046

Sec. 394.047

Sec. 394.048

Sec. 394.049

Sec. 394.050

Sec. 394.051

Subchapter D

Sec. 394.061

Sec. 394.062

Sec. 394.063

Subchapter E

Sec. 394.081

Sec. 394.082

Sec. 394.083

Sec. 394.084

Sec. 394.085

Sec. 394.086

Sec. 394.087

Chapter 395

Subchapter A

Sec. 395.001

Sec. 395.002

Sec. 395.003

Sec. 395.004

Sec. 395.005

Sec. 395.006

Sec. 395.007

Sec. 395.008

Sec. 395.009

Sec. 395.010

Subchapter B

Sec. 395.051

Sec. 395.052

Sec. 395.053

Sec. 395.054

Sec. 395.055

Sec. 395.056

Sec. 395.057

Sec. 395.058

Chapter 396

Subchapter A

Sec. 396.001

Sec. 396.002

Subchapter B

Sec. 396.021

Sec. 396.022

Sec. 396.023

Sec. 396.024

Subchapter C

Sec. 396.041

Sec. 396.042

Sec. 396.043

Sec. 396.044

Sec. 396.045

Chapter 397

Sec. 397.001

Sec. 397.002

Sec. 397.003

Sec. 397.004

Sec. 397.005

Sec. 397.006

Sec. 397.007

Sec. 397.008

Sec. 397.009

Sec. 397.010

Sec. 397.011

Sec. 397.012

Sec. 397.0125

Sec. 397.013

Sec. 397.014

Chapter 430

Sec. 430.001

Sec. 430.002

Subtitle I

Chapter 431

Subchapter A

Sec. 431.001

Sec. 431.002

Sec. 431.003

Sec. 431.004

Sec. 431.005

Sec. 431.006

Subchapter B

Sec. 431.021

Sec. 431.022

Sec. 431.023

Sec. 431.024

Sec. 431.025

Sec. 431.026

Sec. 431.027

Sec. 431.028

Sec. 431.029

Sec. 431.030

Sec. 431.031

Sec. 431.032

Sec. 431.033

Sec. 431.034

Subchapter C

Sec. 431.061

Sec. 431.062

Sec. 431.063

Sec. 431.064

Sec. 431.065

Sec. 431.066

Sec. 431.067

Sec. 431.068

Sec. 431.069

Sec. 431.070

Sec. 431.071

Sec. 431.072

Sec. 431.073

Subchapter D

Sec. 431.101

Sec. 431.102

Sec. 431.103

Sec. 431.104

Sec. 431.105

Sec. 431.106

Sec. 431.107

Sec. 431.108

Sec. 431.109

Sec. 431.110

Subchapter E

Sec. 431.141

Sec. 431.142

Sec. 431.143

Sec. 431.144

Sec. 431.145

Sec. 431.146

Sec. 431.147

Sec. 431.148

Sec. 431.149

Sec. 431.150

Sec. 431.151

Sec. 431.152

Sec. 431.153

Subchapter F

Sec. 431.181

Sec. 431.182

Sec. 431.183

Sec. 431.184

Sec. 431.185

Sec. 431.186

Subtitle J

Chapter 441

Subchapter A

Sec. 441.001

Sec. 441.002

Subchapter B

Sec. 441.011

Sec. 441.012

Sec. 441.013

Sec. 441.014

Sec. 441.015

Sec. 441.016

Sec. 441.017

Sec. 441.018

Sec. 441.019

Sec. 441.020

Sec. 441.021

Sec. 441.022

Sec. 441.023

Sec. 441.024

Sec. 441.025

Sec. 441.026

Sec. 441.027

Sec. 441.028

Sec. 441.029

Sec. 441.030

Sec. 441.031

Sec. 441.032

Sec. 441.033

Sec. 441.034

Sec. 441.035

Subchapter D

Sec. 441.071

Sec. 441.072

Sec. 441.073

Sec. 441.074

Sec. 441.075

Sec. 441.076

Sec. 441.077

Sec. 441.078

Sec. 441.079

Sec. 441.080

Sec. 441.081

Sec. 441.082

Sec. 441.083

Sec. 441.084

Sec. 441.085

Sec. 441.086

Subchapter E

Sec. 441.101

Sec. 441.102

Sec. 441.103

Subchapter F

Sec. 441.111

Sec. 441.112

Sec. 441.113

Sec. 441.114

Sec. 441.115

Sec. 441.116

Sec. 441.117

Subchapter G

Sec. 441.131

Sec. 441.132

Sec. 441.133

Sec. 441.134

Sec. 441.135

Sec. 441.136

Sec. 441.137

Subchapter H

Sec. 441.151

Sec. 441.152

Sec. 441.153

Sec. 441.154

Sec. 441.155

Sec. 441.156

Sec. 441.157

Sec. 441.158

Subchapter I

Sec. 441.171

Sec. 441.172

Sec. 441.173

Sec. 441.174

Sec. 441.175

Sec. 441.176

Sec. 441.177

Sec. 441.178

Sec. 441.179

Sec. 441.180

Subchapter J

Sec. 441.191

Sec. 441.192

Sec. 441.193

Sec. 441.194

Sec. 441.195

Sec. 441.196

Sec. 441.197

Sec. 441.198

Subchapter K

Sec. 441.211

Sec. 441.212

Sec. 441.213

Sec. 441.214

Sec. 441.215

Sec. 441.216

Subchapter L

Sec. 441.231

Sec. 441.232

Sec. 441.233

Subtitle K

Chapter 451

Subchapter A

Sec. 451.001

Sec. 451.002

Sec. 451.003

Subchapter B

Sec. 451.051

Sec. 451.052

Sec. 451.053

Sec. 451.054

Sec. 451.055

Sec. 451.056

Sec. 451.057

Sec. 451.058

Sec. 451.059

Sec. 451.060

Sec. 451.061

Sec. 451.0611

Sec. 451.0612

Sec. 451.062

Sec. 451.063

Sec. 451.064

Sec. 451.065

Sec. 451.066

Sec. 451.067

Sec. 451.068

Sec. 451.070

Sec. 451.071

Sec. 451.072

Subchapter C

Sec. 451.101

Sec. 451.102

Sec. 451.103

Sec. 451.104

Sec. 451.105

Sec. 451.106

Sec. 451.107

Sec. 451.1075

Sec. 451.108

Sec. 451.109

Sec. 451.110

Sec. 451.111

Sec. 451.112

Sec. 451.113

Subchapter C-1

Sec. 451.131

Sec. 451.132

Sec. 451.133

Sec. 451.134

Sec. 451.135

Sec. 451.136

Sec. 451.137

Sec. 451.138

Sec. 451.139

Subchapter D

Sec. 451.151

Sec. 451.152

Sec. 451.153

Sec. 451.154

Sec. 451.155

Subchapter E

Sec. 451.201

Sec. 451.202

Sec. 451.203

Sec. 451.204

Sec. 451.205

Sec. 451.206

Sec. 451.207

Subchapter F

Sec. 451.251

Sec. 451.252

Sec. 451.253

Sec. 451.254

Sec. 451.255

Sec. 451.256

Subchapter H

Sec. 451.351

Sec. 451.352

Sec. 451.353

Sec. 451.354

Sec. 451.355

Sec. 451.356

Sec. 451.357

Sec. 451.358

Sec. 451.359

Sec. 451.360

Sec. 451.361

Sec. 451.362

Sec. 451.3625

Sec. 451.363

Subchapter I

Sec. 451.401

Sec. 451.402

Sec. 451.403

Sec. 451.404

Sec. 451.405

Sec. 451.406

Sec. 451.407

Sec. 451.408

Sec. 451.409

Sec. 451.410

Sec. 451.411

Sec. 451.412

Sec. 451.413

Sec. 451.414

Sec. 451.415

Sec. 451.416

Sec. 451.417

Sec. 451.418

Sec. 451.419

Sec. 451.420

Subchapter J

Sec. 451.451

Sec. 451.452

Sec. 451.454

Sec. 451.455

Sec. 451.456

Sec. 451.457

Sec. 451.458

Sec. 451.460

Subchapter K

Sec. 451.501

Sec. 451.502

Sec. 451.5021

Sec. 451.503

Sec. 451.5035

Sec. 451.504

Sec. 451.505

Sec. 451.506

Sec. 451.507

Sec. 451.508

Sec. 451.509

Sec. 451.510

Sec. 451.511

Sec. 451.512

Sec. 451.513

Sec. 451.514

Sec. 451.515

Sec. 451.516

Sec. 451.517

Sec. 451.518

Sec. 451.519

Sec. 451.520

Subchapter L

Sec. 451.551

Sec. 451.552

Sec. 451.553

Sec. 451.554

Sec. 451.555

Subchapter M

Sec. 451.601

Sec. 451.602

Sec. 451.603

Sec. 451.604

Sec. 451.605

Sec. 451.606

Sec. 451.607

Sec. 451.608

Sec. 451.609

Sec. 451.610

Sec. 451.6101

Sec. 451.611

Sec. 451.612

Sec. 451.613

Sec. 451.614

Sec. 451.615

Sec. 451.616

Sec. 451.617

Sec. 451.618

Subchapter N

Sec. 451.651

Sec. 451.652

Sec. 451.653

Sec. 451.654

Sec. 451.655

Sec. 451.656

Sec. 451.657

Sec. 451.658

Sec. 451.659

Sec. 451.660

Sec. 451.661

Sec. 451.662

Sec. 451.663

Sec. 451.664

Sec. 451.665

Subchapter O

Sec. 451.701

Sec. 451.702

Sec. 451.703

Sec. 451.704

Sec. 451.705

Sec. 451.706

Sec. 451.707

Sec. 451.708

Sec. 451.709

Sec. 451.710

Subchapter P

Sec. 451.751

Sec. 451.752

Sec. 451.753

Sec. 451.754

Sec. 451.755

Sec. 451.756

Sec. 451.757

Sec. 451.758

Chapter 452

Subchapter A

Sec. 452.001

Sec. 452.002

Sec. 452.003

Sec. 452.004

Subchapter B

Sec. 452.051

Sec. 452.052

Sec. 452.053

Sec. 452.054

Sec. 452.055

Sec. 452.056

Sec. 452.0561

Sec. 452.057

Sec. 452.058

Sec. 452.059

Sec. 452.060

Sec. 452.061

Sec. 452.0611

Sec. 452.0612

Sec. 452.0613

Sec. 452.062

Sec. 452.063

Sec. 452.064

Sec. 452.065

Sec. 452.066

Subchapter C

Sec. 452.101

Sec. 452.102

Sec. 452.103

Sec. 452.104

Sec. 452.105

Sec. 452.1055

Sec. 452.106

Sec. 452.107

Sec. 452.108

Sec. 452.109

Sec. 452.1095

Sec. 452.110

Sec. 452.111

Sec. 452.112

Sec. 452.113

Sec. 452.114

Sec. 452.115

Sec. 452.116

Sec. 452.117

Sec. 452.118

Subchapter D

Sec. 452.151

Sec. 452.152

Sec. 452.153

Sec. 452.154

Sec. 452.155

Subchapter E

Sec. 452.201

Sec. 452.202

Sec. 452.203

Subchapter G

Sec. 452.301

Sec. 452.302

Sec. 452.303

Sec. 452.304

Sec. 452.305

Subchapter H

Sec. 452.351

Sec. 452.352

Sec. 452.353

Sec. 452.354

Sec. 452.355

Sec. 452.356

Sec. 452.357

Sec. 452.358

Sec. 452.359

Sec. 452.360

Sec. 452.361

Sec. 452.362

Sec. 452.363

Sec. 452.364

Subchapter I

Sec. 452.401

Sec. 452.402

Sec. 452.403

Sec. 452.404

Sec. 452.405

Sec. 452.406

Sec. 452.407

Subchapter J

Sec. 452.451

Sec. 452.452

Sec. 452.454

Sec. 452.455

Sec. 452.456

Sec. 452.457

Subchapter K

Sec. 452.501

Sec. 452.502

Sec. 452.503

Sec. 452.504

Sec. 452.505

Sec. 452.506

Sec. 452.507

Subchapter L

Sec. 452.521

Sec. 452.522

Sec. 452.523

Sec. 452.524

Sec. 452.525

Sec. 452.526

Sec. 452.527

Sec. 452.528

Subchapter M

Sec. 452.541

Sec. 452.542

Sec. 452.543

Sec. 452.544

Sec. 452.545

Sec. 452.546

Sec. 452.547

Subchapter N

Sec. 452.561

Sec. 452.562

Sec. 452.563

Subchapter O

Sec. 452.571

Sec. 452.572

Sec. 452.573

Sec. 452.574

Sec. 452.575

Sec. 452.576

Sec. 452.577

Sec. 452.578

Sec. 452.579

Sec. 452.580

Subchapter P

Sec. 452.601

Sec. 452.602

Sec. 452.6025

Sec. 452.603

Sec. 452.604

Sec. 452.605

Sec. 452.606

Sec. 452.607

Subchapter Q

Sec. 452.651

Sec. 452.652

Sec. 452.653

Sec. 452.654

Sec. 452.655

Sec. 452.656

Sec. 452.657

Sec. 452.658

Sec. 452.659

Sec. 452.660

Sec. 452.661

Sec. 452.662

Subchapter R

Sec. 452.701

Sec. 452.702

Sec. 452.703

Sec. 452.704

Sec. 452.705

Sec. 452.706

Sec. 452.707

Sec. 452.708

Sec. 452.709

Sec. 452.710

Sec. 452.711

Sec. 452.712

Sec. 452.713

Sec. 452.714

Sec. 452.715

Sec. 452.716

Sec. 452.717

Sec. 452.718

Sec. 452.719

Sec. 452.720

Chapter 453

Subchapter A

Sec. 453.001

Sec. 453.002

Sec. 453.003

Subchapter B

Sec. 453.051

Sec. 453.052

Sec. 453.053

Sec. 453.054

Sec. 453.055

Sec. 453.056

Sec. 453.057

Sec. 453.058

Sec. 453.059

Sec. 453.060

Sec. 453.061

Subchapter C

Sec. 453.101

Sec. 453.102

Sec. 453.103

Sec. 453.104

Sec. 453.105

Sec. 453.106

Sec. 453.107

Sec. 453.108

Sec. 453.109

Sec. 453.110

Subchapter D

Sec. 453.151

Sec. 453.152

Sec. 453.153

Sec. 453.154

Subchapter E

Sec. 453.201

Sec. 453.202

Subchapter G

Sec. 453.301

Sec. 453.302

Sec. 453.303

Sec. 453.304

Sec. 453.305

Sec. 453.306

Sec. 453.307

Sec. 453.308

Sec. 453.309

Sec. 453.310

Sec. 453.311

Subchapter H

Sec. 453.401

Sec. 453.402

Sec. 453.403

Sec. 453.404

Subchapter I

Sec. 453.451

Sec. 453.452

Sec. 453.453

Sec. 453.454

Chapter 454

Subchapter A

Sec. 454.001

Sec. 454.002

Sec. 454.003

Sec. 454.004

Sec. 454.005

Sec. 454.006

Sec. 454.007

Sec. 454.008

Sec. 454.009

Sec. 454.010

Subchapter B

Sec. 454.021

Sec. 454.022

Sec. 454.023

Sec. 454.024

Sec. 454.025

Sec. 454.026

Sec. 454.027

Sec. 454.028

Sec. 454.029

Sec. 454.030

Chapter 455

Subchapter A

Sec. 455.001

Sec. 455.002

Sec. 455.003

Sec. 455.004

Subchapter B

Sec. 455.051

Sec. 455.052

Sec. 455.053

Sec. 455.054

Sec. 455.055

Sec. 455.056

Sec. 455.057

Sec. 455.058

Sec. 455.059

Sec. 455.060

Chapter 456

Subchapter A

Sec. 456.001

Sec. 456.002

Sec. 456.003

Sec. 456.004

Sec. 456.005

Sec. 456.006

Sec. 456.007

Sec. 456.008

Subchapter B

Sec. 456.021

Sec. 456.022

Sec. 456.023

Sec. 456.026

Subchapter C

Sec. 456.041

Sec. 456.042

Subchapter D

Sec. 456.061

Sec. 456.062

Sec. 456.063

Sec. 456.064

Sec. 456.065

Chapter 457

Subchapter A

Sec. 457.001

Sec. 457.002

Subchapter B

Sec. 457.051

Sec. 457.052

Sec. 457.053

Sec. 457.054

Sec. 457.055

Sec. 457.056

Sec. 457.057

Sec. 457.058

Subchapter C

Sec. 457.101

Sec. 457.102

Sec. 457.103

Sec. 457.104

Sec. 457.105

Sec. 457.106

Sec. 457.107

Sec. 457.108

Sec. 457.109

Subchapter D

Sec. 457.151

Sec. 457.152

Subchapter E

Sec. 457.201

Sec. 457.202

Sec. 457.203

Sec. 457.204

Subchapter F

Sec. 457.251

Sec. 457.252

Sec. 457.253

Sec. 457.254

Sec. 457.255

Sec. 457.256

Sec. 457.257

Sec. 457.258

Sec. 457.259

Sec. 457.260

Subchapter G

Sec. 457.301

Sec. 457.302

Sec. 457.303

Sec. 457.304

Subchapter H

Sec. 457.351

Sec. 457.352

Sec. 457.353

Sec. 457.354

Sec. 457.355

Chapter 458

Sec. 458.001

Sec. 458.002

Sec. 458.003

Sec. 458.004

Sec. 458.005

Sec. 458.006

Sec. 458.007

Sec. 458.008

Sec. 458.009

Sec. 458.010

Sec. 458.011

Sec. 458.012

Chapter 460

Subchapter A

Sec. 460.001

Sec. 460.002

Sec. 460.003

Sec. 460.004

Subchapter B

Sec. 460.051

Sec. 460.052

Sec. 460.053

Sec. 460.054

Sec. 460.055

Sec. 460.056

Sec. 460.057

Sec. 460.058

Sec. 460.059

Sec. 460.060

Subchapter C

Sec. 460.101

Sec. 460.102

Sec. 460.103

Sec. 460.104

Sec. 460.1041

Sec. 460.105

Sec. 460.106

Sec. 460.107

Sec. 460.108

Sec. 460.109

Sec. 460.1091

Sec. 460.1092

Sec. 460.110

Sec. 460.111

Sec. 460.112

Subchapter D

Sec. 460.201

Sec. 460.2015

Sec. 460.202

Sec. 460.203

Sec. 460.204

Sec. 460.205

Sec. 460.206

Subchapter E

Sec. 460.301

Sec. 460.302

Sec. 460.303

Sec. 460.304

Subchapter F

Sec. 460.401

Sec. 460.402

Sec. 460.403

Sec. 460.404

Sec. 460.405

Sec. 460.406

Subchapter G

Sec. 460.501

Sec. 460.502

Sec. 460.503

Sec. 460.504

Sec. 460.505

Sec. 460.506

Sec. 460.507

Sec. 460.508

Sec. 460.509

Subchapter H

Sec. 460.551

Sec. 460.552

Sec. 460.553

Sec. 460.554

Subchapter I

Sec. 460.601

Sec. 460.602

Sec. 460.603

Sec. 460.604

Sec. 460.605

Sec. 460.606

Sec. 460.607

Sec. 460.608

Sec. 460.609

Sec. 460.610

Sec. 460.611

Chapter 461

Sec. 461.001

Sec. 461.002

Sec. 461.004

Sec. 461.005

Sec. 461.006

Sec. 461.007

Sec. 461.009

Chapter 462

Sec. 462.001

Sec. 462.002

Subtitle Z

Chapter 471

Sec. 471.001

Sec. 471.002

Sec. 471.004

Sec. 471.005

Sec. 471.009

Chapter 472

Subchapter A

Sec. 472.001

Sec. 472.002

Sec. 472.003

Subchapter B

Sec. 472.011

Sec. 472.012

Sec. 472.013

Sec. 472.014

Sec. 472.015

Subchapter C

Sec. 472.021

Sec. 472.022

Subchapter D

Sec. 472.031

Sec. 472.032

Sec. 472.033

Sec. 472.034

Sec. 472.035

Sec. 472.036

Title 7

Subtitle A

Chapter 501

Subchapter A

Sec. 501.001

Sec. 501.002

Sec. 501.003

Sec. 501.004

Sec. 501.0041

Sec. 501.005

Sec. 501.006

Sec. 501.008

Subchapter B

Sec. 501.021

Sec. 501.022

Sec. 501.023

Sec. 501.0234

Sec. 501.0235

Sec. 501.024

Sec. 501.025

Sec. 501.027

Sec. 501.0275

Sec. 501.0276

Sec. 501.028

Sec. 501.029

Sec. 501.030

Sec. 501.031

Sec. 501.0315

Sec. 501.032

Sec. 501.0321

Sec. 501.0322

Sec. 501.033

Sec. 501.0331

Sec. 501.0332

Sec. 501.034

Sec. 501.035

Sec. 501.036

Sec. 501.037

Sec. 501.038

Subchapter C

Sec. 501.051

Sec. 501.052

Sec. 501.0521

Sec. 501.053

Subchapter D

Sec. 501.071

Sec. 501.072

Sec. 501.072

Sec. 501.0721

Sec. 501.073

Sec. 501.074

Sec. 501.076

Subchapter E

Sec. 501.091

Sec. 501.09111

Sec. 501.09112

Sec. 501.09113

Sec. 501.0925

Sec. 501.0935

Sec. 501.095

Sec. 501.097

Sec. 501.099

Sec. 501.100

Sec. 501.1001

Sec. 501.1002

Sec. 501.1003

Sec. 501.104

Sec. 501.107

Sec. 501.108

Sec. 501.109

Sec. 501.110

Subchapter F

Sec. 501.111

Sec. 501.112

Sec. 501.113

Sec. 501.114

Sec. 501.115

Sec. 501.116

Sec. 501.117

Subchapter G

Sec. 501.132

Sec. 501.134

Sec. 501.134

Sec. 501.135

Sec. 501.138

Sec. 501.139

Subchapter H

Sec. 501.145

Sec. 501.146

Sec. 501.147

Sec. 501.148

Sec. 501.151

Sec. 501.152

Sec. 501.153

Sec. 501.154

Sec. 501.155

Sec. 501.156

Sec. 501.157

Sec. 501.158

Sec. 501.161

Sec. 501.162

Sec. 501.163

Subchapter I

Sec. 501.171

Sec. 501.172

Sec. 501.173

Sec. 501.174

Sec. 501.175

Sec. 501.176

Sec. 501.177

Sec. 501.178

Sec. 501.179

Chapter 502

Subchapter A

Sec. 502.001

Sec. 502.0021

Sec. 502.00211

Sec. 502.0023

Sec. 502.003

Sec. 502.004

Sec. 502.005

Sec. 502.010

Sec. 502.011

Sec. 502.012

Subchapter B

Sec. 502.040

Sec. 502.041

Sec. 502.042

Sec. 502.043

Sec. 502.044

Sec. 502.045

Sec. 502.046

Sec. 502.047

Sec. 502.048

Sec. 502.055

Sec. 502.056

Sec. 502.057

Sec. 502.058

Sec. 502.059

Sec. 502.060

Subchapter C

Sec. 502.090

Sec. 502.091

Sec. 502.092

Sec. 502.093

Sec. 502.094

Sec. 502.095

Subchapter D

Sec. 502.140

Sec. 502.142

Sec. 502.143

Sec. 502.144

Sec. 502.145

Sec. 502.146

Sec. 502.1515

Sec. 502.156

Sec. 502.168

Sec. 502.1746

Sec. 502.1747

Sec. 502.1748

Sec. 502.189

Subchapter E

Sec. 502.190

Sec. 502.191

Sec. 502.1911

Sec. 502.192

Sec. 502.193

Sec. 502.1931

Sec. 502.194

Sec. 502.195

Sec. 502.196

Sec. 502.197

Sec. 502.198

Sec. 502.1983

Sec. 502.1984

Sec. 502.1985

Sec. 502.1986

Sec. 502.199

Subchapter F

Sec. 502.251

Sec. 502.252

Sec. 502.253

Sec. 502.254

Sec. 502.255

Sec. 502.256

Subchapter G

Sec. 502.356

Sec. 502.357

Sec. 502.358

Sec. 502.359

Subchapter H

Sec. 502.401

Sec. 502.402

Sec. 502.403

Sec. 502.404

Sec. 502.405

Sec. 502.407

Sec. 502.410

Sec. 502.411

Sec. 502.412

Sec. 502.413

Sec. 502.414

Sec. 502.415

Subchapter I

Sec. 502.431

Sec. 502.432

Sec. 502.433

Sec. 502.434

Sec. 502.435

Subchapter J

Sec. 502.451

Sec. 502.452

Sec. 502.453

Sec. 502.454

Sec. 502.455

Sec. 502.456

Sec. 502.457

Subchapter K

Sec. 502.471

Sec. 502.472

Sec. 502.473

Sec. 502.474

Sec. 502.475

Sec. 502.4755

Sec. 502.476

Sec. 502.477

Sec. 502.478

Sec. 502.479

Sec. 502.480

Subchapter L

Sec. 502.491

Sec. 502.492

Chapter 503

Subchapter A

Sec. 503.001

Sec. 503.002

Sec. 503.003

Sec. 503.004

Sec. 503.005

Sec. 503.006

Sec. 503.007

Sec. 503.008

Sec. 503.009

Sec. 503.010

Sec. 503.011

Sec. 503.012

Subchapter B

Sec. 503.021

Sec. 503.022

Sec. 503.023

Sec. 503.024

Sec. 503.025

Sec. 503.026

Sec. 503.027

Sec. 503.028

Sec. 503.029

Sec. 503.0295

Sec. 503.030

Sec. 503.031

Sec. 503.032

Sec. 503.033

Sec. 503.034

Sec. 503.035

Sec. 503.036

Sec. 503.037

Sec. 503.038

Sec. 503.039

Sec. 503.040

Subchapter C

Sec. 503.061

Sec. 503.0615

Sec. 503.0618

Sec. 503.062

Sec. 503.0625

Sec. 503.0626

Sec. 503.063

Sec. 503.0631

Sec. 503.064

Sec. 503.065

Sec. 503.066

Sec. 503.067

Sec. 503.068

Sec. 503.069

Sec. 503.070

Sec. 503.071

Subchapter D

Sec. 503.091

Sec. 503.092

Sec. 503.093

Sec. 503.094

Sec. 503.095

Sec. 503.096

Chapter 504

Subchapter A

Sec. 504.001

Sec. 504.0011

Sec. 504.002

Sec. 504.005

Sec. 504.0051

Sec. 504.006

Sec. 504.007

Sec. 504.008

Sec. 504.009

Sec. 504.010

Subchapter B

Sec. 504.101

Sec. 504.102

Subchapter C

Sec. 504.201

Sec. 504.202

Sec. 504.203

Sec. 504.204

Subchapter D

Sec. 504.301

Sec. 504.3011

Sec. 504.3015

Sec. 504.302

Sec. 504.303

Sec. 504.304

Sec. 504.305

Sec. 504.306

Sec. 504.307

Sec. 504.308

Sec. 504.309

Sec. 504.310

Sec. 504.311

Sec. 504.312

Sec. 504.313

Sec. 504.3135

Sec. 504.314

Sec. 504.315

Sec. 504.316

Sec. 504.3161

Sec. 504.317

Sec. 504.318

Sec. 504.319

Sec. 504.320

Sec. 504.321

Sec. 504.322

Sec. 504.323

Sec. 504.323

Subchapter E

Sec. 504.400

Sec. 504.401

Sec. 504.402

Sec. 504.403

Sec. 504.404

Sec. 504.405

Sec. 504.406

Sec. 504.4061

Sec. 504.414

Sec. 504.415

Sec. 504.416

Subchapter F

Sec. 504.501

Sec. 504.502

Sec. 504.503

Sec. 504.505

Sec. 504.506

Sec. 504.507

Sec. 504.508

Sec. 504.511

Sec. 504.512

Sec. 504.513

Sec. 504.514

Sec. 504.515

Sec. 504.516

Subchapter G

Sec. 504.601

Sec. 504.6011

Sec. 504.6012

Sec. 504.602

Sec. 504.603

Sec. 504.604

Sec. 504.605

Sec. 504.606

Sec. 504.607

Sec. 504.608

Sec. 504.609

Sec. 504.610

Sec. 504.611

Sec. 504.612

Sec. 504.613

Sec. 504.614

Sec. 504.615

Sec. 504.616

Sec. 504.617

Sec. 504.618

Sec. 504.619

Sec. 504.620

Sec. 504.6201

Sec. 504.621

Sec. 504.622

Sec. 504.623

Sec. 504.625

Sec. 504.626

Sec. 504.627

Sec. 504.6275

Sec. 504.628

Sec. 504.630

Sec. 504.631

Sec. 504.632

Sec. 504.633

Sec. 504.635

Sec. 504.636

Sec. 504.637

Sec. 504.638

Sec. 504.639

Sec. 504.640

Sec. 504.641

Sec. 504.642

Sec. 504.644

Sec. 504.645

Sec. 504.646

Sec. 504.647

Sec. 504.648

Sec. 504.649

Sec. 504.651

Sec. 504.652

Sec. 504.654

Sec. 504.6545

Sec. 504.655

Sec. 504.656

Sec. 504.657

Sec. 504.658

Sec. 504.659

Sec. 504.660

Sec. 504.661

Sec. 504.662

Sec. 504.663

Sec. 504.664

Sec. 504.665

Sec. 504.666

Sec. 504.667

Sec. 504.668

Sec. 504.668

Sec. 504.668

Subchapter H

Sec. 504.702

Subchapter I

Sec. 504.801

Sec. 504.802

Subchapter J

Sec. 504.851

Sec. 504.852

Sec. 504.853

Sec. 504.854

Sec. 504.855

Subchapter K

Sec. 504.901

Subchapter L

Sec. 504.941

Sec. 504.942

Sec. 504.943

Sec. 504.944

Sec. 504.945

Sec. 504.946

Sec. 504.9465

Sec. 504.947

Sec. 504.948

Chapter 520

Subchapter A

Sec. 520.001

Sec. 520.003

Sec. 520.004

Sec. 520.005

Sec. 520.006

Sec. 520.0061

Sec. 520.007

Sec. 520.0071

Sec. 520.0093

Subchapter B

Sec. 520.015

Sec. 520.016

Subchapter E

Sec. 520.051

Sec. 520.052

Sec. 520.053

Sec. 520.054

Sec. 520.055

Sec. 520.056

Sec. 520.057

Sec. 520.058

Sec. 520.059

Sec. 520.060

Sec. 520.061

Sec. 520.062

Sec. 520.063

Subtitle B

Chapter 521

Subchapter A

Sec. 521.001

Sec. 521.002

Sec. 521.003

Sec. 521.004

Sec. 521.005

Sec. 521.006

Sec. 521.0061

Sec. 521.0062

Sec. 521.0062

Sec. 521.007

Sec. 521.008

Sec. 521.009

Sec. 521.010

Sec. 521.011

Sec. 521.012

Subchapter B

Sec. 521.021

Sec. 521.022

Sec. 521.023

Sec. 521.024

Sec. 521.025

Sec. 521.026

Sec. 521.027

Sec. 521.028

Sec. 521.029

Sec. 521.030

Sec. 521.0305

Sec. 521.031

Sec. 521.032

Subchapter C

Sec. 521.041

Sec. 521.042

Sec. 521.043

Sec. 521.044

Sec. 521.0445

Sec. 521.045

Sec. 521.046

Sec. 521.047

Sec. 521.0475

Sec. 521.048

Sec. 521.0485

Sec. 521.049

Sec. 521.050

Sec. 521.051

Sec. 521.052

Sec. 521.053

Sec. 521.054

Sec. 521.055

Sec. 521.056

Sec. 521.057

Sec. 521.058

Sec. 521.059

Sec. 521.060

Sec. 521.061

Sec. 521.062

Sec. 521.063

Subchapter D

Sec. 521.081

Sec. 521.082

Sec. 521.083

Sec. 521.084

Sec. 521.085

Subchapter E

Sec. 521.101

Sec. 521.102

Sec. 521.103

Sec. 521.104

Subchapter F

Sec. 521.121

Sec. 521.1211

Sec. 521.122

Sec. 521.123

Sec. 521.1235

Sec. 521.124

Sec. 521.125

Sec. 521.126

Sec. 521.127

Subchapter G

Sec. 521.141

Sec. 521.142

Sec. 521.1421

Sec. 521.1425

Sec. 521.1426

Sec. 521.1427

Sec. 521.143

Sec. 521.144

Sec. 521.145

Sec. 521.146

Sec. 521.147

Sec. 521.148

Subchapter H

Sec. 521.1601

Sec. 521.1601

Sec. 521.161

Sec. 521.162

Sec. 521.163

Sec. 521.164

Sec. 521.165

Sec. 521.1655

Sec. 521.166

Sec. 521.167

Subchapter I

Sec. 521.181

Sec. 521.1811

Sec. 521.182

Sec. 521.183

Subchapter J

Sec. 521.201

Sec. 521.202

Sec. 521.203

Sec. 521.204

Sec. 521.206

Subchapter K

Sec. 521.221

Sec. 521.222

Sec. 521.223

Sec. 521.224

Sec. 521.225

Subchapter L

Sec. 521.241

Sec. 521.242

Sec. 521.243

Sec. 521.244

Sec. 521.245

Sec. 521.246

Sec. 521.2461

Sec. 521.2462

Sec. 521.2465

Sec. 521.247

Sec. 521.2475

Sec. 521.2476

Sec. 521.248

Sec. 521.249

Sec. 521.250

Sec. 521.251

Sec. 521.252

Sec. 521.253

Subchapter M

Sec. 521.271

Sec. 521.2711

Sec. 521.272

Sec. 521.273

Sec. 521.274

Sec. 521.275

Subchapter N

Sec. 521.291

Sec. 521.292

Sec. 521.293

Sec. 521.294

Sec. 521.295

Sec. 521.296

Sec. 521.297

Sec. 521.298

Sec. 521.299

Sec. 521.300

Sec. 521.301

Sec. 521.302

Sec. 521.303

Sec. 521.304

Sec. 521.305

Sec. 521.306

Sec. 521.307

Sec. 521.308

Sec. 521.309

Sec. 521.310

Sec. 521.311

Sec. 521.312

Sec. 521.313

Sec. 521.314

Sec. 521.315

Sec. 521.316

Sec. 521.317

Sec. 521.318

Sec. 521.319

Sec. 521.320

Subchapter O

Sec. 521.341

Sec. 521.342

Sec. 521.343

Sec. 521.344

Sec. 521.345

Sec. 521.3451

Sec. 521.3452

Sec. 521.346

Sec. 521.3465

Sec. 521.3466

Sec. 521.347

Sec. 521.348

Sec. 521.349

Sec. 521.350

Sec. 521.351

Subchapter P

Sec. 521.371

Sec. 521.372

Sec. 521.373

Sec. 521.374

Sec. 521.375

Sec. 521.375

Sec. 521.376

Sec. 521.376

Sec. 521.377

Subchapter Q

Sec. 521.401

Sec. 521.402

Subchapter R

Sec. 521.421

Sec. 521.422

Sec. 521.424

Sec. 521.425

Sec. 521.426

Sec. 521.427

Sec. 521.428

Subchapter S

Sec. 521.451

Sec. 521.452

Sec. 521.453

Sec. 521.454

Sec. 521.455

Sec. 521.456

Sec. 521.4565

Sec. 521.457

Sec. 521.458

Sec. 521.459

Sec. 521.460

Sec. 521.461

Chapter 521A

Sec. 521A.001

Chapter 522

Subchapter A

Sec. 522.001

Sec. 522.002

Sec. 522.003

Sec. 522.004

Sec. 522.005

Sec. 522.006

Sec. 522.007

Subchapter B

Sec. 522.011

Sec. 522.012

Sec. 522.013

Sec. 522.014

Sec. 522.015

Subchapter C

Sec. 522.021

Sec. 522.022

Sec. 522.0225

Sec. 522.0226

Sec. 522.023

Sec. 522.0235

Sec. 522.024

Sec. 522.025

Sec. 522.026

Sec. 522.027

Sec. 522.028

Sec. 522.029

Sec. 522.0295

Sec. 522.030

Sec. 522.031

Sec. 522.032

Sec. 522.033

Sec. 522.034

Sec. 522.035

Sec. 522.035

Subchapter D

Sec. 522.041

Sec. 522.042

Sec. 522.0425

Sec. 522.043

Subchapter E

Sec. 522.051

Sec. 522.052

Sec. 522.053

Sec. 522.054

Sec. 522.0541

Sec. 522.055

Subchapter F

Sec. 522.061

Sec. 522.062

Sec. 522.063

Sec. 522.064

Subchapter G

Sec. 522.071

Sec. 522.072

Subchapter H

Sec. 522.081

Sec. 522.082

Sec. 522.083

Sec. 522.084

Sec. 522.085

Sec. 522.086

Sec. 522.087

Sec. 522.088

Sec. 522.089

Sec. 522.090

Sec. 522.091

Sec. 522.092

Sec. 522.093

Subchapter I

Sec. 522.101

Sec. 522.102

Sec. 522.103

Sec. 522.104

Sec. 522.105

Sec. 522.106

Subchapter J

Sec. 522.151

Sec. 522.152

Sec. 522.153

Sec. 522.154

Chapter 523

Sec. 523.001

Sec. 523.002

Sec. 523.003

Sec. 523.004

Sec. 523.005

Sec. 523.006

Sec. 523.007

Sec. 523.008

Sec. 523.009

Sec. 523.010

Sec. 523.011

Chapter 524

Subchapter A

Sec. 524.001

Sec. 524.002

Subchapter B

Sec. 524.011

Sec. 524.012

Sec. 524.013

Sec. 524.014

Sec. 524.015

Subchapter C

Sec. 524.021

Sec. 524.022

Sec. 524.023

Subchapter D

Sec. 524.031

Sec. 524.032

Sec. 524.033

Sec. 524.034

Sec. 524.035

Sec. 524.036

Sec. 524.037

Sec. 524.038

Sec. 524.039

Sec. 524.040

Sec. 524.041

Sec. 524.042

Sec. 524.043

Sec. 524.044

Subchapter E

Sec. 524.051

Chapter 525

Sec. 525.001

Subtitle C

Chapter 541

Subchapter A

Sec. 541.001

Sec. 541.002

Subchapter B

Sec. 541.101

Sec. 541.102

Subchapter C

Sec. 541.201

Sec. 541.202

Sec. 541.203

Subchapter D

Sec. 541.301

Sec. 541.302

Sec. 541.303

Sec. 541.304

Subchapter E

Sec. 541.401

Chapter 542

Subchapter A

Sec. 542.001

Sec. 542.002

Sec. 542.003

Sec. 542.004

Sec. 542.005

Sec. 542.006

Sec. 542.007

Sec. 542.008

Sec. 542.0081

Sec. 542.009

Subchapter B

Sec. 542.201

Sec. 542.202

Sec. 542.203

Sec. 542.2035

Sec. 542.204

Sec. 542.205

Sec. 542.206

Subchapter C

Sec. 542.301

Sec. 542.302

Sec. 542.303

Subchapter D

Sec. 542.401

Sec. 542.402

Sec. 542.403

Sec. 542.4031

Sec. 542.404

Sec. 542.4045

Sec. 542.405

Sec. 542.406

Subchapter E

Sec. 542.501

Chapter 543

Subchapter A

Sec. 543.001

Sec. 543.002

Sec. 543.003

Sec. 543.004

Sec. 543.005

Sec. 543.006

Sec. 543.007

Sec. 543.008

Sec. 543.009

Sec. 543.010

Sec. 543.011

Subchapter B

Sec. 543.111

Sec. 543.112

Sec. 543.113

Sec. 543.114

Sec. 543.115

Sec. 543.116

Subchapter C

Sec. 543.201

Sec. 543.202

Sec. 543.203

Sec. 543.204

Sec. 543.205

Sec. 543.206

Chapter 544

Sec. 544.001

Sec. 544.002

Sec. 544.003

Sec. 544.004

Sec. 544.005

Sec. 544.0055

Sec. 544.006

Sec. 544.007

Sec. 544.0075

Sec. 544.008

Sec. 544.009

Sec. 544.010

Sec. 544.011

Sec. 544.012

Sec. 544.013

Chapter 545

Subchapter A

Sec. 545.001

Sec. 545.002

Subchapter B

Sec. 545.051

Sec. 545.052

Sec. 545.053

Sec. 545.054

Sec. 545.055

Sec. 545.056

Sec. 545.057

Sec. 545.058

Sec. 545.059

Sec. 545.060

Sec. 545.061

Sec. 545.062

Sec. 545.063

Sec. 545.064

Sec. 545.065

Sec. 545.0651

Sec. 545.0652

Sec. 545.0653

Sec. 545.066

Subchapter C

Sec. 545.101

Sec. 545.102

Sec. 545.103

Sec. 545.104

Sec. 545.105

Sec. 545.106

Sec. 545.107

Subchapter D

Sec. 545.151

Sec. 545.152

Sec. 545.153

Sec. 545.154

Sec. 545.155

Sec. 545.156

Sec. 545.157

Subchapter E

Sec. 545.201

Sec. 545.202

Sec. 545.203

Sec. 545.204

Sec. 545.205

Sec. 545.206

Subchapter F

Sec. 545.251

Sec. 545.252

Sec. 545.253

Sec. 545.2535

Sec. 545.254

Sec. 545.255

Sec. 545.2555

Sec. 545.256

Subchapter G

Sec. 545.301

Sec. 545.302

Sec. 545.303

Sec. 545.304

Sec. 545.305

Sec. 545.3051

Sec. 545.306

Sec. 545.307

Sec. 545.308

Subchapter H

Sec. 545.351

Sec. 545.352

Sec. 545.353

Sec. 545.3535

Sec. 545.354

Sec. 545.355

Sec. 545.356

Sec. 545.3561

Sec. 545.357

Sec. 545.358

Sec. 545.359

Sec. 545.360

Sec. 545.361

Sec. 545.362

Sec. 545.3625

Sec. 545.363

Sec. 545.365

Subchapter I

Sec. 545.401

Sec. 545.402

Sec. 545.403

Sec. 545.404

Sec. 545.405

Sec. 545.406

Sec. 545.407

Sec. 545.408

Sec. 545.409

Sec. 545.410

Sec. 545.411

Sec. 545.412

Sec. 545.4121

Sec. 545.413

Sec. 545.414

Sec. 545.4145

Sec. 545.415

Sec. 545.416

Sec. 545.4165

Sec. 545.417

Sec. 545.418

Sec. 545.419

Sec. 545.4191

Sec. 545.420

Sec. 545.421

Sec. 545.422

Sec. 545.423

Sec. 545.424

Sec. 545.425

Sec. 545.4251

Sec. 545.4252

Sec. 545.426

Sec. 545.427

Subchapter J

Sec. 545.451

Sec. 545.452

Sec. 545.453

Sec. 545.454

Sec. 545.455

Sec. 545.456

Chapter 546

Subchapter A

Sec. 546.001

Sec. 546.002

Sec. 546.003

Sec. 546.004

Sec. 546.005

Sec. 546.006

Sec. 546.0065

Sec. 546.007

Subchapter B

Sec. 546.021

Subchapter C

Sec. 546.051

Sec. 546.052

Chapter 547

Subchapter A

Sec. 547.001

Sec. 547.002

Sec. 547.003

Sec. 547.004

Sec. 547.005

Subchapter B

Sec. 547.101

Sec. 547.102

Sec. 547.103

Sec. 547.104

Sec. 547.105

Subchapter C

Sec. 547.201

Sec. 547.202

Sec. 547.203

Sec. 547.204

Sec. 547.205

Sec. 547.206

Sec. 547.207

Sec. 547.208

Subchapter D

Sec. 547.301

Sec. 547.302

Sec. 547.303

Sec. 547.304

Sec. 547.305

Sec. 547.306

Subchapter E

Sec. 547.321

Sec. 547.3215

Sec. 547.322

Sec. 547.323

Sec. 547.324

Sec. 547.325

Sec. 547.326

Sec. 547.327

Sec. 547.328

Sec. 547.329

Sec. 547.330

Sec. 547.331

Sec. 547.332

Sec. 547.333

Sec. 547.334

Sec. 547.335

Subchapter F

Sec. 547.351

Sec. 547.352

Sec. 547.353

Sec. 547.354

Sec. 547.355

Subchapter G

Sec. 547.371

Sec. 547.372

Subchapter H

Sec. 547.381

Sec. 547.382

Sec. 547.383

Subchapter I

Sec. 547.401

Sec. 547.402

Sec. 547.403

Sec. 547.404

Sec. 547.405

Sec. 547.406

Sec. 547.407

Sec. 547.408

Subchapter J

Sec. 547.501

Sec. 547.502

Sec. 547.503

Sec. 547.504

Sec. 547.505

Sec. 547.506

Sec. 547.507

Sec. 547.508

Subchapter K

Sec. 547.601

Sec. 547.602

Sec. 547.603

Sec. 547.604

Sec. 547.605

Sec. 547.606

Sec. 547.607

Sec. 547.608

Sec. 547.609

Sec. 547.610

Sec. 547.611

Sec. 547.612

Sec. 547.613

Sec. 547.614

Sec. 547.615

Sec. 547.616

Sec. 547.617

Subchapter L

Sec. 547.701

Sec. 547.7011

Sec. 547.7012

Sec. 547.7015

Sec. 547.702

Sec. 547.703

Subchapter M

Sec. 547.801

Sec. 547.802

Chapter 548

Subchapter A

Sec. 548.001

Sec. 548.002

Sec. 548.003

Sec. 548.004

Sec. 548.005

Sec. 548.006

Sec. 548.007

Sec. 548.008

Subchapter B

Sec. 548.051

Sec. 548.052

Sec. 548.053

Subchapter C

Sec. 548.101

Sec. 548.102

Sec. 548.103

Sec. 548.104

Sec. 548.105

Subchapter D

Sec. 548.201

Sec. 548.202

Sec. 548.203

Subchapter E

Sec. 548.251

Sec. 548.252

Sec. 548.253

Sec. 548.254

Sec. 548.256

Sec. 548.258

Subchapter F

Sec. 548.301

Sec. 548.3011

Sec. 548.3012

Sec. 548.302

Sec. 548.303

Sec. 548.304

Sec. 548.3045

Sec. 548.306

Sec. 548.3065

Sec. 548.307

Sec. 548.3075

Subchapter G

Sec. 548.401

Sec. 548.402

Sec. 548.403

Sec. 548.4035

Sec. 548.404

Sec. 548.4045

Sec. 548.405

Sec. 548.406

Sec. 548.407

Sec. 548.408

Sec. 548.409

Subchapter H

Sec. 548.501

Sec. 548.502

Sec. 548.503

Sec. 548.504

Sec. 548.505

Sec. 548.5055

Sec. 548.506

Sec. 548.507

Sec. 548.508

Sec. 548.509

Sec. 548.510

Subchapter I

Sec. 548.601

Sec. 548.6015

Sec. 548.603

Sec. 548.6035

Sec. 548.6036

Sec. 548.604

Sec. 548.605

Chapter 550

Subchapter A

Sec. 550.001

Subchapter B

Sec. 550.021

Sec. 550.022

Sec. 550.023

Sec. 550.024

Sec. 550.025

Sec. 550.026

Subchapter C

Sec. 550.041

Subchapter D

Sec. 550.0601

Sec. 550.062

Sec. 550.063

Sec. 550.064

Sec. 550.065

Sec. 550.066

Sec. 550.067

Sec. 550.068

Subchapter E

Sec. 550.081

Chapter 551

Subchapter A

Sec. 551.001

Sec. 551.002

Subchapter B

Sec. 551.101

Sec. 551.102

Sec. 551.103

Sec. 551.104

Sec. 551.105

Sec. 551.106

Subchapter C

Sec. 551.201

Sec. 551.202

Sec. 551.203

Subchapter D

Sec. 551.301

Sec. 551.302

Sec. 551.303

Sec. 551.304

Subchapter E

Sec. 551.351

Sec. 551.352

Sec. 551.353

Subchapter F

Sec. 551.401

Sec. 551.402

Sec. 551.403

Sec. 551.404

Sec. 551.405

Subchapter G

Sec. 551.451

Sec. 551.452

Sec. 551.453

Sec. 551.454

Sec. 551.455

Sec. 551.456

Sec. 551.457

Chapter 552

Sec. 552.001

Sec. 552.002

Sec. 552.003

Sec. 552.004

Sec. 552.005

Sec. 552.006

Sec. 552.007

Sec. 552.0071

Sec. 552.008

Sec. 552.009

Sec. 552.010

Chapter 553

Sec. 553.001

Sec. 553.002

Sec. 553.003

Chapter 600

Sec. 600.001

Sec. 600.002

Sec. 600.003

Sec. 600.004

Subtitle D

Chapter 601

Subchapter A

Sec. 601.001

Sec. 601.002

Sec. 601.003

Sec. 601.005

Sec. 601.006

Sec. 601.007

Sec. 601.008

Sec. 601.009

Subchapter B

Sec. 601.021

Sec. 601.023

Subchapter C

Sec. 601.051

Sec. 601.052

Sec. 601.053

Sec. 601.054

Sec. 601.055

Sec. 601.056

Sec. 601.057

Subchapter D

Sec. 601.071

Sec. 601.072

Sec. 601.073

Sec. 601.074

Sec. 601.075

Sec. 601.076

Sec. 601.077

Sec. 601.078

Sec. 601.079

Sec. 601.080

Sec. 601.081

Sec. 601.082

Sec. 601.083

Sec. 601.084

Sec. 601.085

Sec. 601.086

Sec. 601.088

Subchapter E

Sec. 601.121

Sec. 601.122

Sec. 601.123

Sec. 601.124

Subchapter F

Sec. 601.151

Sec. 601.152

Sec. 601.153

Sec. 601.154

Sec. 601.155

Sec. 601.156

Sec. 601.157

Sec. 601.158

Sec. 601.159

Sec. 601.160

Sec. 601.161

Sec. 601.162

Sec. 601.163

Sec. 601.164

Sec. 601.165

Sec. 601.166

Sec. 601.167

Sec. 601.168

Sec. 601.169

Sec. 601.170

Subchapter G

Sec. 601.191

Sec. 601.193

Sec. 601.194

Sec. 601.195

Subchapter H

Sec. 601.231

Sec. 601.232

Sec. 601.233

Sec. 601.234

Subchapter I

Sec. 601.261

Sec. 601.262

Sec. 601.263

Sec. 601.264

Sec. 601.265

Sec. 601.266

Sec. 601.267

Subchapter J

Sec. 601.291

Sec. 601.292

Sec. 601.293

Sec. 601.294

Sec. 601.295

Sec. 601.296

Sec. 601.297

Subchapter K

Sec. 601.331

Sec. 601.332

Sec. 601.333

Sec. 601.334

Sec. 601.335

Sec. 601.336

Sec. 601.337

Sec. 601.338

Sec. 601.339

Sec. 601.340

Sec. 601.341

Sec. 601.342

Subchapter L

Sec. 601.371

Sec. 601.372

Sec. 601.373

Sec. 601.374

Sec. 601.375

Sec. 601.376

Subchapter M

Sec. 601.401

Subchapter N

Sec. 601.451

Sec. 601.452

Sec. 601.453

Sec. 601.454

Subtitle E

Chapter 621

Subchapter A

Sec. 621.001

Sec. 621.002

Sec. 621.003

Sec. 621.004

Sec. 621.005

Sec. 621.006

Sec. 621.007

Sec. 621.008

Subchapter B

Sec. 621.101

Sec. 621.102

Subchapter C

Sec. 621.201

Sec. 621.202

Sec. 621.203

Sec. 621.204

Sec. 621.205

Sec. 621.206

Sec. 621.2061

Sec. 621.207

Subchapter D

Sec. 621.301

Sec. 621.302

Sec. 621.303

Sec. 621.303

Sec. 621.304

Subchapter E

Sec. 621.351

Sec. 621.352

Sec. 621.353

Sec. 621.354

Sec. 621.355

Sec. 621.356

Subchapter F

Sec. 621.401

Sec. 621.4015

Sec. 621.402

Sec. 621.403

Sec. 621.404

Sec. 621.405

Sec. 621.406

Sec. 621.407

Sec. 621.408

Sec. 621.409

Sec. 621.410

Sec. 621.411

Subchapter G

Sec. 621.501

Sec. 621.502

Sec. 621.503

Sec. 621.504

Sec. 621.506

Sec. 621.507

Sec. 621.508

Sec. 621.509

Sec. 621.510

Chapter 622

Subchapter A

Sec. 622.001

Sec. 622.002

Subchapter B

Sec. 622.011

Sec. 622.012

Sec. 622.014

Sec. 622.015

Sec. 622.016

Subchapter C

Sec. 622.031

Sec. 622.032

Subchapter D

Sec. 622.041

Sec. 622.042

Sec. 622.043

Sec. 622.0435

Sec. 622.044

Sec. 622.045

Subchapter E

Sec. 622.051

Sec. 622.052

Sec. 622.053

Subchapter F

Sec. 622.061

Sec. 622.062

Sec. 622.063

Subchapter G

Sec. 622.071

Sec. 622.072

Sec. 622.073

Sec. 622.074

Subchapter I

Sec. 622.101

Subchapter J

Sec. 622.131

Sec. 622.132

Sec. 622.133

Sec. 622.134

Sec. 622.135

Sec. 622.136

Sec. 622.137

Subchapter Y

Sec. 622.901

Sec. 622.902

Sec. 622.903

Subchapter Z

Sec. 622.952

Sec. 622.953

Sec. 622.954

Sec. 622.955

Chapter 623

Subchapter A

Sec. 623.001

Sec. 623.002

Sec. 623.003

Subchapter B

Sec. 623.011

Sec. 623.0111

Sec. 623.0112

Sec. 623.0113

Sec. 623.012

Sec. 623.013

Sec. 623.014

Sec. 623.015

Sec. 623.0155

Sec. 623.016

Sec. 623.017

Sec. 623.0171

Sec. 623.0172

Sec. 623.018

Sec. 623.0181

Sec. 623.019

Subchapter C

Sec. 623.051

Sec. 623.052

Subchapter D

Sec. 623.070

Sec. 623.071

Sec. 623.0711

Sec. 623.072

Sec. 623.074

Sec. 623.075

Sec. 623.076

Sec. 623.077

Sec. 623.078

Sec. 623.079

Sec. 623.080

Sec. 623.081

Sec. 623.082

Subchapter E

Sec. 623.091

Sec. 623.092

Sec. 623.093

Sec. 623.094

Sec. 623.095

Sec. 623.096

Sec. 623.097

Sec. 623.098

Sec. 623.099

Sec. 623.100

Sec. 623.101

Sec. 623.102

Sec. 623.103

Sec. 623.104

Sec. 623.105

Subchapter F

Sec. 623.121

Sec. 623.122

Sec. 623.123

Sec. 623.124

Sec. 623.126

Sec. 623.127

Sec. 623.128

Sec. 623.129

Sec. 623.130

Subchapter G

Sec. 623.141

Sec. 623.142

Sec. 623.143

Sec. 623.144

Sec. 623.145

Sec. 623.146

Sec. 623.147

Sec. 623.148

Sec. 623.149

Sec. 623.150

Subchapter H

Sec. 623.161

Sec. 623.162

Sec. 623.163

Sec. 623.164

Sec. 623.165

Sec. 623.166

Subchapter I

Sec. 623.181

Sec. 623.182

Subchapter J

Sec. 623.191

Sec. 623.192

Sec. 623.193

Sec. 623.194

Sec. 623.195

Sec. 623.196

Sec. 623.197

Sec. 623.198

Sec. 623.199

Sec. 623.200

Subchapter K

Sec. 623.210

Sec. 623.211

Sec. 623.212

Sec. 623.214

Sec. 623.215

Sec. 623.216

Sec. 623.217

Sec. 623.218

Sec. 623.219

Subchapter L

Sec. 623.230

Sec. 623.231

Sec. 623.232

Sec. 623.233

Sec. 623.234

Sec. 623.235

Sec. 623.236

Sec. 623.237

Sec. 623.238

Sec. 623.239

Subchapter M

Sec. 623.250

Sec. 623.251

Sec. 623.252

Sec. 623.253

Sec. 623.254

Sec. 623.255

Sec. 623.256

Sec. 623.257

Sec. 623.258

Sec. 623.259

Subchapter N

Sec. 623.271

Sec. 623.272

Sec. 623.273

Sec. 623.274

Subchapter O

Sec. 623.280

Sec. 623.281

Sec. 623.282

Sec. 623.283

Sec. 623.284

Sec. 623.285

Sec. 623.286

Sec. 623.287

Sec. 623.288

Subchapter P

Sec. 623.301

Sec. 623.302

Sec. 623.303

Sec. 623.304

Sec. 623.305

Sec. 623.306

Sec. 623.307

Sec. 623.308

Sec. 623.309

Sec. 623.310

Subchapter Q

Sec. 623.321

Sec. 623.322

Sec. 623.323

Sec. 623.324

Sec. 623.325

Subchapter R

Sec. 623.341

Sec. 623.342

Sec. 623.343

Subchapter S

Sec. 623.361

Sec. 623.362

Sec. 623.363

Sec. 623.364

Sec. 623.365

Sec. 623.366

Sec. 623.367

Sec. 623.368

Sec. 623.369

Sec. 623.370

Subchapter T

Sec. 623.381

Sec. 623.382

Sec. 623.383

Sec. 623.384

Sec. 623.385

Sec. 623.386

Sec. 623.387

Sec. 623.388

Sec. 623.389

Sec. 623.390

Subchapter U

Sec. 623.401

Sec. 623.402

Sec. 623.403

Sec. 623.404

Sec. 623.405

Sec. 623.406

Sec. 623.407

Sec. 623.408

Sec. 623.409

Sec. 623.410

Sec. 623.411

Subchapter U

Sec. 623.401

Sec. 623.402

Sec. 623.403

Sec. 623.404

Sec. 623.405

Sec. 623.406

Sec. 623.407

Subtitle F

Chapter 642

Sec. 642.001

Sec. 642.002

Sec. 642.003

Chapter 643

Subchapter A

Sec. 643.001

Sec. 643.002

Sec. 643.003

Sec. 643.004

Subchapter B

Sec. 643.051

Sec. 643.052

Sec. 643.053

Sec. 643.054

Sec. 643.055

Sec. 643.056

Sec. 643.057

Sec. 643.058

Sec. 643.0585

Sec. 643.059

Sec. 643.060

Sec. 643.061

Sec. 643.062

Sec. 643.063

Sec. 643.064

Subchapter C

Sec. 643.101

Sec. 643.1015

Sec. 643.102

Sec. 643.103

Sec. 643.104

Sec. 643.105

Sec. 643.106

Subchapter D

Sec. 643.151

Sec. 643.152

Sec. 643.153

Sec. 643.154

Sec. 643.155

Sec. 643.156

Subchapter F

Sec. 643.251

Sec. 643.252

Sec. 643.2525

Sec. 643.2526

Sec. 643.2526

Sec. 643.253

Sec. 643.254

Sec. 643.255

Sec. 643.256

Chapter 644

Subchapter A

Sec. 644.001

Sec. 644.002

Sec. 644.003

Sec. 644.004

Sec. 644.005

Subchapter B

Sec. 644.051

Sec. 644.052

Sec. 644.053

Sec. 644.054

Subchapter C

Sec. 644.101

Sec. 644.102

Sec. 644.103

Sec. 644.104

Subchapter D

Sec. 644.151

Sec. 644.152

Sec. 644.153

Sec. 644.154

Sec. 644.155

Subchapter E

Sec. 644.201

Sec. 644.202

Sec. 644.203

Subchapter F

Sec. 644.251

Sec. 644.252

Chapter 645

Sec. 645.001

Sec. 645.001

Sec. 645.002

Sec. 645.003

Sec. 645.003

Sec. 645.004

Chapter 646

Sec. 646.001

Sec. 646.002

Sec. 646.003

Sec. 646.004

Chapter 647

Sec. 647.001

Sec. 647.002

Sec. 647.003

Sec. 647.004

Sec. 647.005

Sec. 647.006

Sec. 647.007

Sec. 647.008

Sec. 647.009

Sec. 647.010

Sec. 647.011

Sec. 647.012

Sec. 647.013

Sec. 647.014

Sec. 647.015

Sec. 647.016

Sec. 647.017

Sec. 647.018

Sec. 647.019

Chapter 648

Subchapter A

Sec. 648.001

Sec. 648.002

Sec. 648.003

Subchapter B

Sec. 648.051

Sec. 648.052

Subchapter C

Sec. 648.101

Sec. 648.102

Sec. 648.103

Subtitle G

Chapter 661

Sec. 661.001

Sec. 661.0015

Sec. 661.002

Sec. 661.003

Sec. 661.004

Chapter 662

Sec. 662.001

Sec. 662.002

Sec. 662.003

Sec. 662.004

Sec. 662.005

Sec. 662.006

Sec. 662.007

Sec. 662.008

Sec. 662.009

Sec. 662.010

Sec. 662.011

Sec. 662.012

Chapter 663

Subchapter A

Sec. 663.001

Sec. 663.002

Subchapter B

Sec. 663.011

Sec. 663.012

Sec. 663.013

Sec. 663.014

Sec. 663.015

Sec. 663.016

Sec. 663.017

Sec. 663.018

Sec. 663.019

Subchapter C

Sec. 663.031

Sec. 663.032

Sec. 663.033

Sec. 663.034

Sec. 663.035

Sec. 663.036

Sec. 663.037

Sec. 663.0371

Sec. 663.038

Chapter 680

Subchapter A

Sec. 680.001

Sec. 680.002

Sec. 680.003

Sec. 680.004

Sec. 680.005

Subchapter B

Sec. 680.011

Sec. 680.012

Sec. 680.013

Subtitle H

Chapter 681

Sec. 681.001

Sec. 681.002

Sec. 681.003

Sec. 681.0031

Sec. 681.0032

Sec. 681.004

Sec. 681.005

Sec. 681.006

Sec. 681.007

Sec. 681.008

Sec. 681.009

Sec. 681.010

Sec. 681.0101

Sec. 681.011

Sec. 681.0111

Sec. 681.012

Sec. 681.013

Chapter 682

Sec. 682.001

Sec. 682.001

Sec. 682.002

Sec. 682.003

Sec. 682.004

Sec. 682.005

Sec. 682.006

Sec. 682.007

Sec. 682.008

Sec. 682.009

Sec. 682.010

Sec. 682.011

Chapter 683

Subchapter A

Sec. 683.001

Sec. 683.002

Sec. 683.003

Subchapter B

Sec. 683.011

Sec. 683.012

Sec. 683.013

Sec. 683.014

Sec. 683.015

Sec. 683.016

Subchapter C

Sec. 683.031

Sec. 683.032

Sec. 683.033

Sec. 683.034

Subchapter D

Sec. 683.051

Sec. 683.052

Sec. 683.053

Sec. 683.054

Sec. 683.055

Sec. 683.056

Sec. 683.057

Subchapter E

Sec. 683.071

Sec. 683.0711

Sec. 683.072

Sec. 683.073

Sec. 683.074

Sec. 683.075

Sec. 683.076

Sec. 683.0765

Sec. 683.077

Sec. 683.078

Chapter 686

Sec. 686.001

Sec. 686.002

Sec. 686.003

Sec. 686.004

Sec. 686.005

Sec. 686.006

Sec. 686.007

Subtitle I

Chapter 701

Sec. 701.001

Sec. 701.002

Sec. 701.003

Sec. 701.004

Sec. 701.005

Sec. 701.006

Chapter 702

Sec. 702.001

Sec. 702.003

Sec. 702.004

Chapter 703

Sec. 703.001

Sec. 703.002

Sec. 703.003

Sec. 703.004

Chapter 705

Sec. 705.001

Chapter 706

Sec. 706.001

Sec. 706.002

Sec. 706.003

Sec. 706.004

Sec. 706.005

Sec. 706.006

Sec. 706.007

Sec. 706.008

Sec. 706.009

Sec. 706.010

Sec. 706.011

Sec. 706.012

Chapter 707

Sec. 707.001

Sec. 707.002

Sec. 707.0021

Sec. 707.003

Sec. 707.004

Sec. 707.005

Sec. 707.006

Sec. 707.007

Sec. 707.008

Sec. 707.009

Sec. 707.010

Sec. 707.011

Sec. 707.012

Sec. 707.013

Sec. 707.014

Sec. 707.015

Sec. 707.016

Sec. 707.017

Sec. 707.018

Sec. 707.019

Chapter 708

Subchapter A

Sec. 708.001

Sec. 708.002

Sec. 708.003

Subchapter B

Sec. 708.051

Sec. 708.052

Sec. 708.053

Sec. 708.054

Sec. 708.055

Sec. 708.056

Subchapter C

Sec. 708.101

Sec. 708.102

Sec. 708.103

Sec. 708.104

Sec. 708.105

Sec. 708.106

Subchapter D

Sec. 708.151

Sec. 708.152

Sec. 708.153

Sec. 708.154

Sec. 708.155

Sec. 708.156

Sec. 708.157

Sec. 708.158

Sec. 708.159

Chapter 720

Sec. 720.001

Sec. 720.002

Subtitle J

Chapter 721

Sec. 721.001

Sec. 721.002

Sec. 721.003

Sec. 721.004

Sec. 721.005

Sec. 721.006

Chapter 722

Sec. 722.001

Sec. 722.002

Sec. 722.003

Sec. 722.004

Sec. 722.005

Sec. 722.006

Sec. 722.007

Sec. 722.008

Sec. 722.009

Sec. 722.010

Sec. 722.011

Sec. 722.012

Sec. 722.014

Chapter 723

Subchapter A

Sec. 723.001

Sec. 723.002

Sec. 723.003

Subchapter B

Sec. 723.011

Sec. 723.012

Sec. 723.013

Sec. 723.014

Sec. 723.015

Subchapter C

Sec. 723.031

Sec. 723.032

Chapter 724

Subchapter A

Sec. 724.001

Sec. 724.002

Sec. 724.003

Subchapter B

Sec. 724.011

Sec. 724.012

Sec. 724.013

Sec. 724.014

Sec. 724.015

Sec. 724.016

Sec. 724.017

Sec. 724.018

Sec. 724.019

Subchapter C

Sec. 724.031

Sec. 724.032

Sec. 724.033

Sec. 724.034

Sec. 724.035

Subchapter D

Sec. 724.041

Sec. 724.042

Sec. 724.043

Sec. 724.044

Sec. 724.045

Sec. 724.046

Sec. 724.047

Sec. 724.048

Subchapter E

Sec. 724.061

Sec. 724.062

Sec. 724.063

Sec. 724.064

Chapter 725

Subchapter A

Sec. 725.001

Sec. 725.002

Sec. 725.003

Subchapter B

Sec. 725.021

Sec. 725.022

Chapter 726

Sec. 726.001

Sec. 726.002

Sec. 726.003

Sec. 726.004

Chapter 727

Sec. 727.001

Sec. 727.002

Sec. 727.003

Sec. 727.004

Chapter 728

Subchapter A

Sec. 728.001

Sec. 728.002

Sec. 728.003

Sec. 728.004

Subchapter B

Sec. 728.011

Subchapter C

Sec. 728.021

Sec. 728.022

Chapter 729

Sec. 729.001

Sec. 729.002

Chapter 730

Sec. 730.001

Sec. 730.002

Sec. 730.003

Sec. 730.004

Sec. 730.005

Sec. 730.006

Sec. 730.007

Sec. 730.010

Sec. 730.011

Sec. 730.012

Sec. 730.013

Sec. 730.014

Sec. 730.015

Sec. 730.016

Chapter 750

Sec. 750.002

Sec. 750.003

Subtitle M

Chapter 1001

Subchapter A

Sec. 1001.001

Sec. 1001.002

Sec. 1001.003

Sec. 1001.004

Sec. 1001.005

Sec. 1001.006

Sec. 1001.007

Sec. 1001.008

Sec. 1001.009

Sec. 1001.010

Sec. 1001.011

Sec. 1001.012

Sec. 1001.013

Sec. 1001.014

Subchapter B

Sec. 1001.021

Sec. 1001.022

Sec. 1001.0221

Sec. 1001.023

Sec. 1001.024

Sec. 1001.025

Sec. 1001.026

Sec. 1001.027

Sec. 1001.028

Sec. 1001.029

Sec. 1001.030

Sec. 1001.031

Subchapter C

Sec. 1001.041

Sec. 1001.0411

Sec. 1001.042

Sec. 1001.043

Sec. 1001.044

Sec. 1001.045

Subchapter D

Sec. 1001.101

Sec. 1001.102

Sec. 1001.103

Subchapter E

Sec. 1001.151

Sec. 1001.152

Sec. 1001.153

Subchapter F

Sec. 1001.201

Sec. 1001.202

Chapter 1002

Sec. 1002.001

Sec. 1002.002

Chapter 1003

Sec. 1003.001

Sec. 1003.002

Sec. 1003.003

Sec. 1003.004

Sec. 1003.005

Sec. 1003.006

Sec. 1003.007

Chapter 1004

Sec. 1004.001

Sec. 1004.002

Chapter 1005

Sec. 1005.001

Title 1

Chapter 1

Sec. 1.001: Purpose of Code

(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.

(b) Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by:

(1) rearranging the statutes into a more logical order;

(2) employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;

(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and

(4) restating the law in modern American English to the greatest extent possible.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 1.002: Construction of Code

Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 1.003: Reference in Law to Statute Revised By Code

A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 1.004: Definition

In this code, "Department of Public Safety" means the Department of Public Safety of the State of Texas.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Title 2

Chapter 5

Sec. 5.001: Duties, Liabilities, and Remedies of Carrier

(a) Unless otherwise provided by this code or other law:

(1) the duties and liabilities of a carrier in this state and the remedies against the carrier are the same as prescribed by the common law; and

(2) a carrier for hire may not limit its common-law liability, unless the limitation is in conspicuous writing in a written arrangement for transportation, including a bill of lading or contract for transportation.

(b) This chapter does not prohibit a carrier from requiring notice to be given under Section 16.071, Civil Practice and Remedies Code.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.01(a), eff. Sept. 1, 1997.

Sec. 5.003: Liability of Carrier of Household Goods

(a) A carrier of household goods, as defined by 49 U.S.C. Section 10102, is not required to accept for transportation household goods unless the shipper or owner of the property or the agent of the shipper or owner declares in writing the reasonable value of the property.

(b) A carrier transporting property with a value declared under Subsection (a) is not liable in damages for an amount more than the declared value of the property lost, destroyed, or damaged.

(c) A shipper's declaration of value is not admissible evidence in a court action unless the carrier, when accepting the shipment, provides and maintains in an amount at least equal to the declared value of the property:

(1) insurance in a solvent company authorized to do business in this state; or

(2) bonds.

(d) The security requirement of Subsection (c) does not apply to steam or electric railroads.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.01(c), eff. Sept. 1, 1997.

Sec. 5.004: Requirement to Receive and Carry Goods

(a) On the tender of the legal or customary rate for goods offered for transportation, a common carrier, other than a railroad, shall receive and transport the goods if in the order presented:

(1) the carrier has the capacity to safely carry the goods on the pending trip; and

(2) the goods are of the kind usually transported by the carrier and are offered at a reasonable time.

(b) A common carrier that violates Subsection (a) is liable:

(1) for damages to a person injured by the violation; and

(2) to the owner of the goods for a penalty of not less than $5 or more than $500.

(c) An action under Subsection (b) must be brought in the county in which the damages occur or the common carrier resides.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 5.005: Bill of Lading Or Receipt; Condition of Transported Goods

(a) A common carrier receiving goods for transportation shall, when requested, give the shipper a bill of lading or written receipt stating the quantity, character, order, and condition of the goods.

(b) A common carrier shall deliver to the consignee the goods listed on a bill of lading or receipt in an order and condition similar to the order and condition of the goods when the goods were accepted for transport, except for any unavoidable wear and tear or deterioration because of the transportation of the goods.

(c) A common carrier that violates Subsection (a) is liable to the owner of the goods for a penalty of not less than $5 or more than $500.

(d) An action under Subsection (c) must be brought in the county in which the damages occur or the carrier resides.

(e) A common carrier that violates Subsection (b) is liable for damages resulting from the violation as at common law.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 5.006: Liability As Warehouseman Or Common Carrier

(a) A common carrier having a depot or warehouse is liable, as is a warehouseman at common law, for any goods stored at the depot or warehouse:

(1) before the trip begins; or

(2) after the goods reach the destination if, after the carrier uses due diligence to notify the consignee, the consignee fails to take possession of the goods.

(b) A common carrier is liable as a common carrier from the beginning of the trip until the goods are delivered to the consignee at the point of destination.

(c) For purposes of this section, a trip begins when the bill of lading is signed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 5.007: Priority of Shipment of Stored Goods

(a) A common carrier that receives goods for transportation in its warehouse or depot shall transport the goods in the order received.

(b) A common carrier that violates Subsection (a) is liable for any:

(1) loss occurring while the goods are in the warehouse or depot; and

(2) damage resulting from the delay in transporting the goods.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 5.008: Care of Livestock

(a) Unless otherwise provided by special contract, a common carrier transporting livestock shall feed and water the animals until the animals are:

(1) delivered to the consignee; or

(2) disposed of as provided by this title or other law.

(b) A common carrier that violates Subsection (a) is liable:

(1) for damages to a person injured by the violation; and

(2) to the owner of the livestock for a penalty of not less than $5 or more than $500.

(c) An action by an owner under Subsection (b)(2) must be brought in any county in which the damages occur or the carrier resides.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 6

Sec. 6.001: Sale of Freight Or Baggage

(a) A common carrier may sell at public auction freight or baggage that it conveyed to any point in this state if the owner, whether known or unknown, of the freight or baggage, within three months of the date of the conveyance, fails to claim it and pay any charges due at the office, depot, or warehouse closest or most convenient to the destination.

(b) Each article of freight or baggage must be offered separately as consigned or checked.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.002: Notice of Sale of Freight Or Baggage

(a) Before selling the freight or baggage at auction, the common carrier must provide notice 30 days before the sale.

(b) The notice must:

(1) contain the time and place of sale and a descriptive list of the freight or baggage to be sold, including the names, numbers, or marks found on the freight or baggage; and

(2) be posted in three public places in the county where the sale is to be held and on the door of the office, depot, or warehouse where the freight or baggage is stored.

(c) The notice must also be published in a newspaper for 30 days before the sale in the county of sale if a newspaper is published in the county.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.003: Disposition of Proceeds

(a) The common carrier shall:

(1) deduct charges due on freight or baggage, including the cost of storage and sale, from the proceeds of the sale; and

(2) hold the remainder subject to Subsection (b).

(b) The owner of the freight or baggage may recover from the common carrier the proceeds of the sale less any deductions under Subsection (a) if the owner or the owner's agent presents proof of ownership of the sold items to the carrier within five years after the date of the sale.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.004: Sale of Livestock

(a) A common carrier may sell at public auction livestock that is unclaimed for 48 hours after arrival at its destination if the carrier gives five days' notice of the sale.

(b) The notice must contain the same information and be given in the same manner as the notice described by Sections 6.002(b) and (c).

(c) The common carrier shall dispose of proceeds of the sale in the same manner as provided by Section 6.003. In addition to the deductions allowed under that section, the carrier may deduct reasonable expenses for the keeping, feeding, and watering of the livestock from its arrival until its sale.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.005: Sale of Perishable Property

(a) A common carrier may sell at public auction perishable property that is unclaimed after arrival at its destination if:

(1) the property is in danger of depreciation; and

(2) the carrier gives five days' notice of the sale.

(b) The notice must contain the same information and be given in the same manner as the notice described by Sections 6.002(b) and (c).

(c) The common carrier shall dispose of the proceeds of the sale in the same manner as provided by Section 6.003.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 6.006: Information Kept By Carrier

A common carrier shall keep for each sale under this chapter:

(1) an account of the sale;

(2) expenses allocated to each article sold;

(3) a copy of each notice of sale; and

(4) a copy of the bill of sale.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 7

Sec. 7.001: Definitions

In this chapter:

(1) "Connecting carrier" means:

(A) an initial carrier; or

(B) each other common carrier that receives freight from another common carrier and recognizes or acts on a contract to transport the freight between points in this state.

(2) "Freight" includes baggage and other property transported by a common carrier.

(3) "Initial carrier" means a common carrier that contracts with a shipper of freight for delivery and initially transports the freight.

(4) "Shipper" includes the owner or the consignee of the freight and the owner's or consignee's agent.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 7.002: Duties of Connecting Carrier

Each connecting carrier that transports freight is:

(1) an agent of each other connecting carrier that transports the freight; and

(2) considered to be under a contract with each other connecting carrier and the shipper to provide the safe and speedy transportation of the freight from its point of shipment to its destination.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 7.003: Contract Governing Transportation

(a) Except as provided by Subsection (b), the contract establishing the rights, duties, and liabilities of an initial carrier and the shipper applies to each subsequent connecting carrier.

(b) The contract between the initial carrier and the shipper does not apply to a connecting carrier that executes a new contract with the shipper supported by valuable consideration.

(c) For purposes of Subsection (b), valuable consideration does not include the transportation of a caretaker with the freight.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 7.004: Proof of Status As Connecting Carrier

Proof that a common carrier has received freight from another common carrier for transportation, including a bill of lading, waybill, receipt, check, or other instrument issued by a carrier, is prima facie evidence that the carrier is subject to the relations, duties, and liabilities imposed on connecting carriers under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 7.005: Application of Chapter

(a) A provision in a contract that is contrary to this chapter is void.

(b) This chapter applies regardless of whether the route of freight is chosen by the shipper or by the initial carrier.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 7.006: Recovery of Damages

(a) A person who suffers damages because of injury to or loss of freight or delay in transporting freight may recover from the initial carrier or any connecting carrier that transported the freight.

(b) A common carrier held liable under Subsection (a) may, in a subsequent action, recover the amount of damages it was required to pay and is entitled to all costs of suit from the common carrier whose negligence caused the damages.

(c) To recover under Subsection (b), a common carrier must only:

(1) establish which other carrier or carriers caused the damage; and

(2) produce satisfactory evidence that the carrier seeking contribution has paid the judgment in the underlying suit.

(d) A law allowing the apportionment of damages is not applicable in a suit brought under Subsection (a) unless requested by the plaintiff. The law is applicable in a suit brought under Subsection (c).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 8

Sec. 8.001: Issuance of Proclamation

(a) The governor shall issue a proclamation under this chapter, to prevent interference with commerce, if after investigation the governor determines that:

(1) the movement of commerce by a common carrier of this state or another state is interfered with in violation of Chapter 42, Penal Code; and

(2) local authorities failed to enforce the law.

(b) The proclamation must:

(1) state that the conditions described by Subsection (a) exist; and

(2) describe the territory affected by the proclamation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 8.002: Effect of Proclamation

(a) On the issuance of a proclamation under this chapter, the governor shall exercise complete police jurisdiction over the territory described by the proclamation. The exercise of police jurisdiction by the governor supersedes the police authority of a local authority.

(b) The governor may not disturb the exercise of police jurisdiction by a local authority outside the territory described by the proclamation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 8.003: Arrests

(a) After a proclamation issued under this chapter takes effect, only a peace officer acting under the authority of the governor may make an arrest in the territory described by the proclamation.

(b) A person arrested in the territory described by the proclamation shall be delivered forthwith to the proper authority for trial.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 8.004: Use of Texas Rangers

(a) The governor may use the Texas Rangers to enforce this chapter.

(b) If a sufficient number of Texas Rangers are not available, the governor may employ other persons to serve as special rangers.

(c) A special ranger has the same authority as a Texas Ranger and shall be paid the same salary as a Texas Ranger. The salary of a special ranger shall be paid out of appropriations made to the executive office for the payment of rewards and the enforcement of the law.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 8.005: Effect on Declaration of Martial Law

(a) A declaration of martial law is not required for the implementation of this chapter.

(b) This chapter does not limit the authority of the governor to declare martial law and call forth the militia to execute the law.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 20

Sec. 20.001: Certain Carriers Exempt from Gross Receipts Taxes

A motor bus carrier or motor carrier transporting persons or property for hire is exempt from any occupation tax measured by gross receipts imposed by any law of this state.

Comments

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.02(b), eff. Sept. 1, 1997.

Sec. 20.002: School Fund Benefit Fee on Diesel Fuel Used By Certain Motor Vehicles

(a) In this section, "commercial motor vehicle" has the meaning assigned by Section 548.001.

(b) This section applies to a person, other than a political subdivision, who:

(1) owns, controls, operates, or manages a commercial motor vehicle; and

(2) is exempt from the state diesel fuel tax under Section 162.204, Tax Code.

(c) A fee to benefit the available school fund is imposed on a person for the use of diesel fuel that is:

(1) delivered exclusively into the fuel supply tank of a commercial motor vehicle; and

(2) used exclusively to transport passengers for compensation or hire between points in this state on a fixed route or schedule.

(d) The fee imposed by this section is equal to 25 percent of the diesel fuel tax rate imposed under Section 162.202, Tax Code.

(e) The comptroller shall prescribe the method for collecting a fee imposed under this section and shall deposit revenue received from the fee to the credit of the available school fund.

Comments

Added by Acts 1999, 76th Leg., ch. 1054, Sec. 3, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1227 (S.B. 1495), Sec. 39, eff. September 1, 2009.

Title 3

Chapter 21

Subchapter A

Sec. 21.001: Definitions

In this chapter:

(1) "Aeronautics" means:

(A) the art and science of flight of aircraft;

(B) aviation;

(C) the operation, navigation, piloting, maintenance, and construction of aircraft or component parts of aircraft;

(D) air navigation aids, including lighting, markings, and aircraft, ground, and related communications;

(E) air crew and air passenger facilities;

(F) airports and airstrips and their design, construction, repair, maintenance, or improvement; and

(G) the dissemination of information and instruction concerning any of the matters in this subdivision.

(2) "Aircraft" means a device intended, used, or designed for flight in the air.

(3) "Commission" means the Texas Transportation Commission.

(4) "Department" means the Texas Department of Transportation.

(5) "Director" means the director of the Texas Department of Transportation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.002: Aviation Division

The powers and duties granted to the department by this chapter or by other law related to aviation shall be performed, under the direction of the commission, by the aviation division.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.003: Aviation Advisory Committee

(a) The aviation advisory committee consists of members appointed by the commission to advise the commission and the department on aviation matters. The commission by rule shall determine the number of members of the committee.

(b) A majority of the members of the committee must have five years of successful experience as:

(1) an aircraft pilot;

(2) an aircraft facilities manager; or

(3) a fixed-base operator.

(c) A committee member serves at the pleasure of the commission.

(d) A committee member may not receive compensation for serving as a member but is entitled to reimbursement for reasonable expenses incurred in performing the member's duties.

(e) The commission may adopt rules to govern the operations of the committee.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 922 (S.B. 1522), Sec. 1, eff. June 15, 2017.

Sec. 21.005: Suit Against Department

(a) An interested party who is adversely affected by an act, decision, rate, charge, order, or rule adopted by the department and who fails to get relief from the department may file a petition against the department in a district court of Travis County, Texas.

(b) The petition must set forth the air carrier's or party's particular objections to the act, decision, rate, charge, order, or rule.

(c) The court shall give priority to an action described by Subsection (a) over all other causes on the docket of a different nature.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.006: Safe Aircraft Operation

(a) An aircraft operated in the state shall be operated safely.

(b) An aircraft is operated safely if the operation complies with the United States laws and regulations governing air traffic and aeronautical operation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 21.051: Aeronautic Development

The department and the director shall encourage and assist the development of aeronautics in this state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.052: Cooperation with Other Entities in Aeronautic Development

The department and the director may:

(1) cooperate with or assist the United States, a governmental subdivision of this state, or a person engaged in aeronautics or in the development of aeronautics; and

(2) coordinate the aeronautical activities of entities described by Subdivision (1).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.053: Governmental Subdivision Cooperation in Aeronautic Development

A governmental subdivision may cooperate with the department in the development of aeronautics.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.054: Authority to Contract

(a) The department may contract as necessary or advisable to execute its powers under this chapter.

(b) The department may not enter an agreement that binds the state to make a payment that is not authorized by an appropriation from general revenues or from the aeronautics fund.

(c) Repealed by Acts 1999, 76th Leg., ch. 115, Sec. 1, eff. May 17, 1999.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 115, Sec. 1, eff. May 17, 1999.

Sec. 21.055: Grant Or Gift with Prescribed Purpose

The department may accept from any person a grant or gift of money or property for which the person has prescribed a particular use for an aeronautical purpose.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.056: Record of Grant Or Gift

The department shall maintain in its office a record of money, property, or a grant given to the department under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.057: Use of Grant Or Gift According to Terms

The department shall use money, property, or a grant given to the department under this chapter according to the terms of the grant or gift.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.058: Expenditure of Grants Or Gifts of Money

The department may not spend a grant or money given to the department unless the expenditure is authorized by order of the commission.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.059: Gifts of Land

To develop aeronautics for the common good and safety of the residents of the state or to provide for catastrophe, disaster, or state or national emergency, the state or department may accept from any person a gift of any interest in real property that:

(1) may be used as a navigational aid;

(2) is on or adjacent to an airport or airstrip; or

(3) may be used as an airport or airstrip.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.060: Jurisdiction, Administration, and Leasing of Land, Navigational Aids, Or Facilities

(a) The department has jurisdiction over and shall administer land given to the department.

(b) The department may:

(1) exercise jurisdiction over and administer navigational aids or facilities given to the state or to the department; and

(2) lease land, navigational aids, or facilities given to the state or to the department.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.061: Funding Construction of Facilities and Improvements

(a) The department may construct on land given to the department an improvement, facility, or navigational aid that the department determines is necessary or advisable.

(b) Money in the aeronautics fund may be used for a purpose described by Subsection (a).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.062: Lease of Land Or Improvement

(a) The department may lease land given to the department or an improvement on the land to any person if the department finds after investigation that:

(1) the lease is desirable or essential:

(A) to develop aeronautics for the common good and safety of the residents of this state; or

(B) to provide for catastrophe, disaster, or state or national emergency;

(2) the lessee is financially responsible; and

(3) the amount of periodic rental payments is at least equal to the amount that the department has spent for improvements on the land, amortized over the term of the lease.

(b) The department shall produce and maintain in the department's office a written statement of the findings required by Subsection (a).

(c) The department shall submit a lease entered into by the department to the attorney general for approval as to form before the lease becomes effective.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.063: Terms of Lease of Land Or Improvement

(a) A lease of land given to the department or a lease of an improvement on the land must provide that:

(1) the lessee shall maintain, in accordance with the standards the department prescribes, the land, premises, and improvements the department placed on the land;

(2) if the lease or a rule or order of the department that pertains to the lease is violated:

(A) the lease terminates immediately; and

(B) the lessee shall surrender the premises to the department without liability and without court action; and

(3) in time of national or state disaster, emergency, or catastrophe, the department may use, for the department or others, the land, premises, or improvements the department placed on the land as the governor or the department determines, without liability or cost.

(b) The term of a lease of land given to the department or the lease of an improvement on the land may not exceed 20 years.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.064: Reports and Information

(a) The department may report to an appropriate agency of another state or of the United States that a proceeding has been instituted that charges a violation of this chapter or of a federal statute.

(b) The department on its own initiative or by request may issue to a state or municipal officer authorized by the department or by the United States to enforce a law relating to aeronautics a report about:

(1) a proceeding instituted that charges a violation of this chapter or of a federal statute;

(2) penalties; or

(3) other information.

(c) The department may receive a report of penalties or other information from an agency of another state or of the United States.

(d) The department may enter into a necessary agreement with the United States or an agency of another state governing the delivery, receipt, exchange, or use of a report or other information.

(e) The department shall submit an agreement entered into by the department under Subsection (d) to the attorney general for approval as to form.

(f) A report issued by the department is not evidence of a violation and may not be received as evidence by a court.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.065: Aeronautical Education Programs and Flight Clinics

(a) The department may:

(1) organize and administer an aeronautical education program in colleges and schools of this state and for the public; and

(2) prepare and conduct one or more flight clinics for air crews.

(b) The department may charge for conducting a program or clinic under Subsection (a).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.066: Aeronautical Publications

(a) The department may issue aeronautical publications as required in the public interest.

(b) The department shall charge a fee sufficient to recover the cost of preparing and distributing a department publication that does not clearly promote public safety.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.067: Texas Airport Directory

(a) The department may:

(1) issue the Texas Airport Directory;

(2) sell advertising in the directory; and

(3) advertise the directory in other publications.

(b) The department may not charge a fee for furnishing the Texas Airport Directory.

(c) The department is not required to issue more than 110 percent of the number of Texas Airport Directories issued in the preceding state fiscal year.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 535 (H.B. 1605), Sec. 1, eff. September 1, 2015.

Sec. 21.068: Engineering and Technical Services

(a) The department may provide engineering or technical services to any person in connection with aeronautical activities, including the planning, acquisition, construction, improvement, maintenance, or operation of an airport, air navigation facility, or other aeronautical activity, if providing the services is:

(1) reasonably possible; and

(2) in the interest of public safety and welfare.

(b) The department may charge for a service under this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.069: State Airport in Central Texas

(a) The department shall establish a state airport in Central Texas that is open to the general public.

(b) In determining an appropriate location for the airport, the department shall consider:

(1) the convenience, comfort, and accommodation of air traffic flying into and departing from the Central Texas region, including persons traveling for business and commercial reasons, government officials, and tourists; and

(2) the safe operation of aircraft flying into and departing from the Central Texas region.

(c) In determining an appropriate location for the airport, the department may not consider:

(1) any property in a municipality without the approval of the governing body of the municipality;

(2) any property outside of a municipality without the approval of the commissioners court of the county in which the property is located; or

(3) the property in Austin, Texas, identified as Robert Mueller Airport.

(d) The commission may acquire by the exercise of eminent domain property that the commission considers necessary to enable the department to meet its responsibilities under this section.

(e) The department may utilize only federal matching funds, federal grants, in-kind contributions, private sector funds, nonprofit grants, and local government funding for the establishment of this facility.

(f) The department shall have all the powers necessary or appropriate to implement this section, including all the powers granted to a local government under Chapters 22, 23, and 25.

(g) Upon completion of the construction of the airport, the department shall contract with a private entity or a county or municipality for the long-term management, operation, and maintenance of the facility. Such contract shall comply with all applicable Federal Aviation Agency regulations relating to the management, operation, and maintenance of an airport.

Comments

Added by Acts 2001, 77th Leg., ch. 1118, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 1, eff. September 1, 2017.

Sec. 21.070: Marking of Wireless Communication Facility

(a) In this section:

(1) "Cultivated field" means any open space or pasture larger than five acres in which a plant or tree nursery is located or an agricultural crop, including cotton, corn, grain, grapes, beets, peanuts, and rice, but not including grass grown for hay, is grown on a continuing basis.

(2) "Wireless communication facility" has the meaning assigned by Section 25.001.

(b) Absence of plants, seedlings, or a crop on a temporary basis due to crop rotation or other farm management techniques does not remove an open area from the definition of "cultivated field."

(c) This section applies only to an antenna structure that is used to provide commercial wireless communications services and that is located in a cultivated field or within 100 feet of a cultivated field.

(d) A person who proposes to construct a wireless communication facility that is at least 100 feet but not more than 200 feet in height above ground level shall mark the highest guy wires on the facility, if any, with two warning spheres each.

Comments

Added by Acts 2003, 78th Leg., ch. 1222, Sec. 3, eff. June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.38, eff. April 1, 2009.

Sec. 21.071: Painting and Marking Requirements for Certain Meteorological Evaluation Towers; Offense

(a) In this section, "meteorological evaluation tower" means a structure that:

(1) is self-standing or supported by guy wires and anchors;

(2) is not more than six feet in diameter at the base of the structure; and

(3) has accessory facilities on which an antenna, sensor, camera, meteorological instrument, or other equipment is mounted for the purpose of documenting whether a site has sufficient wind resources for the operation of a wind turbine generator.

(b) For purposes of this section, "meteorological evaluation tower" does not include a structure that is located:

(1) adjacent to a building, including a barn, or an electric utility substation; or

(2) in the curtilage of a residence.

(c) A meteorological evaluation tower that is at least 50 feet but not more than 200 feet in height above ground level:

(1) must be painted in equal alternating bands of aviation orange and white, beginning with orange at the top of the tower;

(2) must have aviation orange marker balls installed and displayed in accordance with the standards contained in 76 Fed. Reg. 36983 (June 24, 2011) and Federal Aviation Administration Advisory Circular AC 70/7460-1K; and

(3) may not be supported by guy wires unless the guy wires have a seven-foot-long safety sleeve at each anchor point that extends from the anchor point along each guy wire attached to the anchor point.

(d) A person who owns, operates, or erects a meteorological evaluation tower in violation of this section commits an offense. An offense under this subsection is a Class C misdemeanor, except that the offense is a Class B misdemeanor if it is shown on the trial of the offense that as a result of the commission of the offense a collision with the meteorological evaluation tower occurred causing bodily injury or death to another person.

(e) The department shall adopt rules to implement and administer this section, including rules requiring a person:

(1) who owns, operates, or erects a meteorological evaluation tower to provide notice to the department of the existence of or intent to erect a meteorological evaluation tower; and

(2) to register the meteorological evaluation tower with the department.

Comments

Added by Acts 2015, 84th Leg., R.S., Ch. 36 (S.B. 505), Sec. 1, eff. September 1, 2015.

Subchapter C

Sec. 21.101: Financial Assistance for Construction and Repair of Aviation Facilities

(a) The department may loan or grant money to a state agency with a governing board authorized to operate an airport or to a governmental entity in this state to establish, construct, reconstruct, enlarge, or repair an airport, airstrip, or air navigational facility if:

(1) the money has been appropriated to the department for that purpose; and

(2) providing the money will:

(A) best serve the public interest; and

(B) best discharge the governmental aeronautics function of the state or its political subdivisions.

(b) A loan or grant under this subchapter must be made under a contract.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.102: Loan Preferred

The department shall:

(1) make a loan instead of a grant whenever feasible under this subchapter; and

(2) carefully consider making a loan instead of a grant for an improvement that produces revenue.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.103: Commission Vote Required for Grant Or Loan

Under this subchapter, the commission may not make:

(1) a grant unless two-thirds of the entire commission votes in favor of the grant; or

(2) a loan unless a majority of the entire commission votes in favor of the loan.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.104: Revolving Loan Fund

The department shall:

(1) place the principal and interest derived from a loan in a revolving loan fund; and

(2) administer the fund for future loans and their administration.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.105: Requirements for Loan Or Grant

(a) The commission may not approve a loan that bears interest of less than three percent annually or that has a term that exceeds 20 years.

(b) Before approving a loan or grant, the commission shall require that:

(1) the airport or facility remain in the control of each political subdivision involved for at least 20 years;

(2) the political subdivision disclose the source of all funds for the project and the political subdivision's ability to finance and operate the project;

(3) at least 10 percent of the total project cost be provided by sources other than the state; and

(4) the project be adequately planned.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.106: Priorities for Financial Assistance

The commission, with the advice of the aviation advisory committee, shall establish and maintain a method for determining priorities among locations and projects eligible to receive state financial assistance for aviation facility development.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.107: Aviation Facilities Development Program

(a) The commission, with the advice of the aviation advisory committee, through the preparation and adoption of an aviation facilities development program, shall provide for a statewide airport system to serve the state's air transportation needs for the least practicable cost.

(b) The program must identify:

(1) the requirements for aviation facilities;

(2) the location of aviation facilities;

(3) the timing of aviation facilities;

(4) eligibility for funding; and

(5) the investment necessary for the program.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.108: Aviation Facilities Capital Improvement Program

(a) The commission, with the advice of the aviation advisory committee, shall prepare a multiyear aviation facilities capital improvement program.

(b) The aviation facilities capital improvement program must:

(1) include the priorities determined under Section 21.106; and

(2) have an estimated annual cost for the total program that is approximately equal to the revenue that is forecast to be available for aviation facilities development during the year.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.109: Review and Revision of Aviation Facilities Capital Improvement Program

The commission, with the advice of the aviation advisory committee, shall:

(1) periodically review the capital improvement program to determine the need to:

(A) revise the system development criteria;

(B) add or delete aviation facility requirements;

(C) revise program priorities; and

(D) add, delete, or revise the scope of projects in the program; and

(2) revise the program at least annually.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.110: Aviation Facilities Capital Improvement Program; Budget Preparation

The department shall consider the aviation facilities capital improvement program in preparing the department's biennial budget request to the legislature.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.111: Public Hearing

(a) The commission or the commission's authorized representative shall hold a public hearing before approving any financial assistance under this subchapter, except as provided by Section 21.1115.

(b) The commission shall give each interested party an opportunity to be heard at the hearing.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.03(a), eff. Sept. 1, 1997.

Sec. 21.1115: Emergency Loan Or Grant

(a) In an emergency, the director or the director's designee may award a loan or grant without holding a public hearing under rules adopted by the commission.

(b) Before awarding a contract under this section, the director or the director's designee must certify in writing the fact and nature of the emergency that requires the award of the contract.

(c) Not later than the fifth working day after the date a contract is awarded under this section, the director shall notify in writing each member of the commission of the details of the emergency and the award.

(d) In this section, "emergency" means a situation or condition at a general aviation airport that requires immediate attention because of an existing unsafe condition that should be of sufficient concern to require a notice to airmen under FAA Order 7930.2E.

Comments

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.03(b), eff. Sept. 1, 1997.

Sec. 21.112: Expenditure of Air Facility Construction Money By State Governmental Entities

A governmental entity that receives money from the department to establish, construct, reconstruct, enlarge, or repair an airport, airstrip, or air navigational facility shall spend the money for those purposes and in conformity with commission rules.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.113: Airport Hazard Zoning Ordinance Required

The department may not pay the final 10 percent of its share of project costs under a grant until the sponsor has enacted an airport hazard zoning ordinance or order under Chapter 241, Local Government Code.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.114: Agent for Federal Funds

(a) The department is the agent of the state and of each political subdivision of the state for the purpose of applying for, receiving, and disbursing federal funds for the benefit of a general aviation airport under federal law, including 49 U.S.C. Sections 2201-2227.

(b) This section does not apply to a reliever airport.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.115: Funding for Certain Commercial Service Airports

To the extent consistent with federal funding restrictions, a project involving a commercial service airport is eligible for financial assistance under this subchapter, including for inclusion in the aviation facilities capital improvement program, if the airport is located in a county along the Texas-Mexico border that has a population of less than 300,000.

Comments

Added by Acts 2013, 83rd Leg., R.S., Ch. 845 (H.B. 138), Sec. 1, eff. June 14, 2013.

Subchapter D

Sec. 21.151: Investigation, Inquiry, Or Hearing

(a) The department may conduct an investigation, inquiry, or hearing concerning a matter covered by this chapter or a rule or order of the department.

(b) The hearing shall be open to the public.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.152: Conduct of Investigation, Inquiry, Or Hearing

A member of the commission, the director, or an officer or employee of the department who has been designated by the commission to hold an investigation, inquiry, or hearing may:

(1) administer an oath;

(2) certify an official act;

(3) issue a subpoena;

(4) order the attendance and testimony of a witness; or

(5) order the production of a paper, book, or document.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.153: Noncompliance with Subpoena Or Order

(a) If a person fails to comply with a subpoena or order issued under Section 21.152, the department shall notify the attorney general.

(b) The attorney general may bring suit to enforce the subpoena or order in the name of the state in a district court of Travis County.

(c) If the court determines that noncompliance with the subpoena or order was not justified, the court shall order the person to comply with the requirements of the subpoena or order.

(d) Failure to obey the order of the court is punishable as contempt.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.154: Civil Penalty

(a) A person, including an officer, agent, servant, or employee of a corporation, is liable for a civil penalty if the person:

(1) violates this chapter;

(2) violates an order, decision, rule, direction, demand, or requirement of the department adopted under this chapter; or

(3) procures or aids a violation of this chapter.

(b) A penalty under this section may not exceed $100 a day for each day of the violation.

(c) The attorney general or the county or district attorney in the county in which the violation occurs shall institute and conduct a suit for the penalty:

(1) in the county in which the violation occurs; and

(2) in the name of the state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.155: Injunctive Relief

(a) A district court of a county in which a violation of this chapter or a rule, order, or decree of the department under this chapter has occurred may restrain and enjoin the person who committed the violation from committing a further violation.

(b) The court may grant injunctive relief:

(1) in a suit for a civil penalty brought under this chapter; or

(2) on application of the department, the attorney general, a district or county attorney, or a competing air carrier even if a suit for a civil penalty has not been brought.

(c) The department, attorney general, or district or county attorney is not required to post a bond when seeking injunctive relief under this section.

(d) In this section, "air carrier" means a person who, wholly or partly in this state, owns, controls, operates, or manages an aircraft as a common carrier in the transportation of persons or property for compensation but does not include an air carrier who operates between a place in this state and a place outside this state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.156: Enforcement of Chapter

(a) The department may enforce this chapter by revoking or suspending a lease or permit.

(b) The department shall notify the attorney general of a violation of this chapter. The attorney general may bring suit to enforce this chapter in a district court of the defendant's county of residence.

(c) The court may enforce this chapter by injunction or other appropriate legal process.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 21.157: Cooperation with United States in Law Enforcement

The department shall work with agencies of the United States in enforcing the statutes, directives, rules, and regulations of the United States.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 22

Subchapter A

Sec. 22.001: Definitions

In this chapter:

(1) "Air navigation facility" means:

(A) a facility, other than one owned and operated by the United States, used in or available or designed for use in aid of air navigation, including a structure, mechanism, light, beacon, marker, communications system, or other instrumentality;

(B) a device used or useful as an aid in the safe landing, navigation, or takeoff of aircraft or the safe and efficient operation or maintenance of an airport; or

(C) a combination of those facilities or devices.

(2) "Airport" means:

(A) an area used or intended for use for the landing and takeoff of aircraft;

(B) an appurtenant area used or intended for use for an airport building or other airport facility or right-of-way; and

(C) an airport building or facility located on an appurtenant area.

(3) "Airport hazard" means a structure, object of natural growth, or use of land that:

(A) obstructs the airspace required for the flight of aircraft in landing at or taking off from an airport; or

(B) is hazardous to the landing or takeoff of aircraft at an airport.

(4) "Airport hazard area" means an area on which an airport hazard could exist.

(5) "Area" includes land or water.

(6) "Local government" means a county or municipality in this state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.002: Public Purpose; County Or Municipal Purpose

(a) Subject to Chapter 101, Civil Practice and Remedies Code, the following functions are public and governmental functions, exercised for a public purpose, and matters of public necessity:

(1) the acquisition of an interest in real property under this chapter;

(2) the planning, acquisition, establishment, construction, improvement, equipping, maintenance, operation, regulation, protection, and policing of an airport or air navigation facility under this chapter, including the acquisition or elimination of an airport hazard;

(3) the exercise of any other power granted by this chapter to local governments and other public agencies, to be severally or jointly exercised; and

(4) the acquisition and use of property and privileges by or on behalf of a local government or other public agency in the manner and for the purposes described by this chapter.

(b) In the case of a county, a function described by Subsection (a) is a county function and purpose. In the case of a municipality, a function described by Subsection (a) is a municipal function and purpose.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.003: Interpretation and Construction

This chapter shall be interpreted to make uniform as far as possible the laws and regulations of this state, other states, and the United States relating to local governmental airports.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 22.011: General Powers Regarding Airports and Air Navigation Facilities

(a) A local government may plan, establish, construct, improve, equip, maintain, operate, regulate, protect, and police an airport or air navigation facility in or outside:

(1) the territory of the local government; or

(2) the territory of this state.

(b) The power granted under Subsection (a) includes:

(1) constructing, installing, equipping, maintaining, and operating at an airport a building or other facility, including a building or other facility for:

(A) the landing and takeoff of aircraft;

(B) cargo, freight, and mail handling, storage, and processing;

(C) the servicing or retrofitting of aircraft, aerospace aircraft, and other equipment and vehicles related to air transportation or aerospace flight; and

(D) the comfort and accommodation of air travelers, including a facility commonly found and provided at an airport; and

(2) buying and selling goods as an incident to the operation of the local government's airport.

(c) A local government, by eminent domain or any other method, may acquire an interest in property, including an easement in an airport hazard or land outside the boundaries of an airport or airport site:

(1) for a purpose described by Subsection (a); and

(2) as necessary to permit the safe and efficient operation of the airport or to prevent, eliminate, or mark an airport hazard.

(d) A local government may acquire an existing airport or air navigation facility but may not acquire or take over an airport or air navigation facility owned or controlled by another local government or public agency of this state or another state without the consent of the other local government or the public agency.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.012: Financing of Airport Facilities

Under Section 52-a, Article III, Texas Constitution, a local government may finance facilities to be located on airport property, other than those described by Section 22.011(b)(1), that the local government determines to be:

(1) beneficial to the operation or economic development of an airport; and

(2) for the public purpose of development and diversification of the economy.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.013: Establishment of Airports on Public Waters

For the purposes of this chapter, a local government may:

(1) establish, acquire, or maintain, in or bordering the territory of the local government, an airport in, over, and on the public water of this state, submerged land under the public water of this state, or artificial or reclaimed land that before the artificial making or reclamation of that land was submerged under the public water of this state; and

(2) construct and maintain a terminal building, landing float, causeway, roadway, or bridge for an approach to or connection with an airport described by Subdivision (1) or a landing float or breakwater for the protection of an airport described by Subdivision (1).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.014: Rules and Jurisdiction

(a) A local government may adopt ordinances, resolutions, rules, and orders necessary to manage, govern, and use an airport or air navigation facility under its control or an airport hazard area relating to the airport. This authority applies to an airport, air navigation facility, or airport hazard area in or outside the territory of the local government.

(b) An airport, air navigation facility, or airport hazard area that is controlled and operated by a local government and that is located outside the territory of the local government is, subject to federal and state law, under the jurisdiction and control of that local government. Another local government may not impose a license fee or occupation tax for operations on the airport, air navigation facility, or airport hazard area.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.015: Enforcement of Rules

To enforce an ordinance, resolution, rule, or order adopted under Section 22.014(a), a local government, by ordinance or resolution as appropriate, may appoint airport guards or police, with full police powers, and establish a penalty for a violation of an ordinance, resolution, rule, or order, within the limits prescribed by law. A penalty is enforced in the same manner in which a penalty prescribed by other ordinances or resolutions of the local government is enforced.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.016: Relationship to Zoning

This chapter does not:

(1) authorize a local government to adopt an ordinance, resolution, rule, or order that establishes zones or otherwise regulates the height of structures or natural growths in an area or in a manner other than as provided by Chapter 241, Local Government Code; or

(2) limit the power of a local government to regulate airport hazards by zoning.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.017: Delegation of Authority to Officer, Board, Or Agency

(a) The governing body of a local government by resolution may delegate to an officer, board, or other local governmental agency any power granted by this chapter to the local government or the governing body for planning, establishing, constructing, improving, equipping, maintaining, operating, regulating, protecting, and policing an airport or air navigation facility established, owned, or controlled or to be established, owned, or controlled by the local government. The resolution must prescribe the powers and duties of the officer, board, or other local governmental agency.

(b) Notwithstanding Subsection (a), the local government is responsible for the expenses of planning, establishing, constructing, improving, equipping, maintaining, operating, regulating, protecting, and policing the airport or other air navigation facility.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.018: Designation of Texas Department of Transportation As Agent in Contracting and Supervising

(a) A local government or an owner of an eligible airport may designate the Texas Department of Transportation as its agent in contracting for and supervising the planning, acquiring, constructing, improving, equipping, maintaining, or operating of an airport or air navigation facility.

(b) A local government or an owner of an eligible airport may enter into an agreement with the department prescribing the terms of the agency relationship in accordance with the terms prescribed by the United States, if federal money is involved, and in accordance with the laws of this state.

(c) The department, in acting as the agent of a local government or an owner of an eligible airport under this section, shall make each contract in accordance with the law governing the making of contracts by or on behalf of the state.

(d) In this section, "eligible airport" means an airport eligible to receive grant funds under the airport improvement program established by 49 U.S.C. Section 47101 et seq.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 118 (H.B. 2314), Sec. 1, eff. September 1, 2009.

Sec. 22.019: Contracts

A local government may enter into a contract necessary to the execution of a power granted the local government and for a purpose provided by this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.020: Operation of Airport By Another

(a) A local government, by contract, lease, or other arrangement, on a consideration fixed by the local government and for a term not to exceed 40 years, may authorize a qualified person to operate, as the agent of the local government or otherwise, an airport owned or controlled by the local government.

(b) A local government may not authorize a person to:

(1) operate the airport except as a public airport; or

(2) enter into a contract, lease, or other agreement in connection with the operation of the airport that the local government may not have made under Section 22.021.

(c) An arrangement made under this section must be made subject to the terms of a grant, loan, or agreement under Section 22.055.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.021: Use of Airport By Another

(a) In operating an airport or air navigation facility that it owns, leases, or controls, a local government may enter into a contract, lease, or other arrangement for a term not exceeding 40 years with a person:

(1) granting the privilege of using or improving the airport or air navigation facility, a portion or facility of the airport or air navigation facility, or space in the airport or air navigation facility for commercial purposes;

(2) conferring the privilege of supplying goods, services, or facilities at the airport or air navigation facility; or

(3) making available services to be furnished by the local government or its agents at the airport or air navigation facility.

(b) In entering into the contract, lease, or other arrangement, the local government may establish the terms and fix the charges, rentals, or fees for the privileges or services. The charges, rentals, and fees must be reasonable and uniform for the same class of privilege or service and shall be established with due regard to the property and improvements used and the expenses of operation to the local government.

(c) An arrangement made under this section must be made subject to the terms of a grant, loan, or agreement under Section 22.055.

(d) The 40-year limit on the term of a contract, lease, or other arrangement provided by Subsection (a) does not apply to a contract, lease, or other arrangement under this section between a local government and this state, the United States, or an agency or instrumentality of this state or the United States.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 557, Sec. 1, eff. June 2, 1997.

Sec. 22.022: Duration of Certain Leases

(a) A lease of real property may not exceed 40 years if:

(1) the lease is made under Section 22.011(c) or (d), Section 22.020, or Section 22.021; and

(2) at the time of the execution of the lease, the property is used as nonaeronautical property and is located on an airport on which there are active federal governmental aircraft operations on federal government property.

(b) A renewal or extension of a lease under Subsection (a) may not exceed 40 years. If the lease provides for more than one renewal or extension, the renewals or extensions may not in the aggregate exceed 40 years.

(c) This section does not prevent the parties to a lease from making a new lease to take effect after the expiration of the previous lease or after the expiration of the period covered by a renewal or extension of the previous lease.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.023: Liens

A local government has a lien on personal property to enforce the payment of a charge for repairs or improvements to, or the storage or care of, the property if the property is made or furnished by the local government or its agents in connection with the operation of an airport or air navigation facility owned or operated by the local government. The lien is enforceable as provided by law.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.024: Disposal of Airport Property By Local Government

(a) A local government may dispose of an airport or air navigation facility or other property, or a portion of or interest in property, acquired under this chapter in any manner, subject to the laws of this state or provisions of the charter of the local government governing the disposition of other property of the local government.

(b) A local government may dispose of the property to another local government or an agency of the state or federal government for use for aeronautical purposes, notwithstanding Subsection (a), in the manner and on the terms the governing body of the local government considers to be in the best interest of the local government.

(c) An arrangement made under this section is subject to the terms of a grant, loan, or agreement under Section 22.055.

(d) Notwithstanding Subsection (a), the competitive bidding requirements of Chapters 252 and 272, Local Government Code, do not apply to an exchange, sale, lease, or other disposition of land or other real property interest by a municipality if:

(1) the land or other property interest is part of an air navigation facility that is a former military installation; and

(2) the disposition:

(A) is part of a plan to redevelop the facility as an airport-related industrial park or community; and

(B) promotes the best interest of the municipality.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 358, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1516, Sec. 3, eff. June 17, 2001.

Sec. 22.025: Limitation on Design and Operation of Air Navigation Facilities

An air navigation facility established or operated by a local government shall be supplementary to and coordinated in design and operation with those established and operated by the federal and state governments.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.026: Noise Abatement

(a) The governing body of a municipality that owns an airport and is a party to an executory grant agreement with the Federal Aviation Administration requiring the municipality to plan, design, and acquire land for a replacement airport shall:

(1) comply with the Aviation Safety and Noise Abatement Act of 1979 (49 U.S.C. Sec. 2101 et seq.);

(2) provide adequate soundproofing and noise reduction devices for each public building within the 65 or higher average day-night sound level contour as determined by the governing body in accordance with Federal Aviation Administration Advisory Circulars; or

(3) award a contract for land acquisition services for the purchase of real property required for the site of a replacement airport, complete a master plan for the replacement airport, and provide the replacement airport.

(b) A court may grant appropriate relief to enforce this section in a suit brought by an affected person.

(c) In this section:

(1) "Public building" means a church, public or private hospital, or building owned or leased by a governmental entity, including a public school.

(2) "Replacement airport" means a new airport that is planned, designed, and constructed to replace a municipal airport operating on August 28, 1989.

(d) Expired.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.027: Municipal Permission for Ground Transportation; Offense

(a) In this section, "ground transportation business" means the transportation by motor vehicle of persons or baggage for compensation, and includes transportation by a bus service.

(b) A person commits an offense if, within the boundaries of an airport operated by a home-rule municipality, the person:

(1) solicits ground transportation business without the permission of the municipality, if required; or

(2) engages in ground transportation business without the permission of the municipality, if required.

(c) An offense under this section is a Class B misdemeanor.

Comments

Added by Acts 2003, 78th Leg., ch. 95, Sec. 1, eff. Sept. 1, 2003.

Subchapter C

Sec. 22.051: Taxation

(a) The governing body of a local government may impose an annual property tax not to exceed five cents on each $100 valuation to improve, operate, and maintain an airport or air navigation facility or for any other purpose authorized by this chapter.

(b) The tax authorized by Subsection (a) is in addition to other taxes that may be imposed for the interest and sinking fund of bonds, notes, or time warrants issued under authority of this chapter or any other statute authorizing a local government to issue bonds, notes, or warrants for airport purposes.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.052: Bonds

(a) A local government may pay wholly or partly from the proceeds of the sale of bonds the cost of planning, acquiring, establishing, constructing, improving, or equipping an airport or air navigation facility or the site of an air navigation facility or acquiring or eliminating airport hazards.

(b) For a purpose described by Subsection (a), a local government, in the manner provided by Subtitles A, C, D, and E, Title 9, Government Code, may:

(1) issue any form of secured or unsecured bonds, including general or special obligation bonds, revenue bonds, or refunding bonds; and

(2) impose taxes to provide for the interest and sinking funds of any bonds issued.

(c) In a suit, action, or proceeding involving the security, validity, or enforceability of a bond issued by a local government that states on its face that it was issued under this chapter and for a purpose authorized to be accomplished by this chapter, the bond is considered to have been issued under this chapter for that purpose.

(d) If the principal and interest of a bond issued by a local government under this chapter is payable solely from the revenue of an airport or air navigation facility, the bond must state so on its face.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.371, eff. Sept. 1, 2001.

Sec. 22.053: Time Warrants

(a) The commissioners court of a county with a population of 14,300 to 14,500 may issue time warrants to:

(1) condemn or purchase land to be used and maintained as provided by Sections 22.011, 22.020, and 22.024; and

(2) improve and equip the land for the use provided by Sections 22.011, 22.020, and 22.024.

(b) The commissioners court of a county that issues time warrants under this section shall comply with:

(1) Subchapter C, Chapter 262, Local Government Code, regarding:

(A) notice to issue the time warrants; and

(B) the right to a referendum; and

(2) Chapter 1251, regarding the imposition of taxes for payment of the time warrants.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 42, eff. Sept. 1, 1999.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 123, eff. September 1, 2011.

Sec. 22.054: Application of Airport Revenue and Sale Proceeds

A local government shall deposit the revenue received by the local government from the ownership, control, or operation of an airport or air navigation facility, including proceeds from the sale of an airport or a portion of an airport or of air navigation facility property, in a fund to be designated the "__________ Airport Fund." The revenue may be used by the local government only for the purposes authorized by this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.055: Federal and State Aid; Other Grants and Loans

(a) A local government may accept, give a receipt for, disburse, and spend money from grants and loans for any of the purposes of this chapter. A local government must accept and spend federal money under this section on the terms prescribed by the United States and consistent with state law. A local government must accept and spend state money under this section on the terms prescribed by the state. Unless the agency from which the money is received prescribes otherwise, the chief financial officer of the local government shall deposit the money in separate funds designated according to the purposes for which the money is made available and shall keep it in trust for those purposes.

(b) A local government may designate the Texas Department of Transportation as its agent to accept, give a receipt for, and disburse money from grants and loans for any of the purposes of this chapter. The department shall accept and shall transfer or spend federal money accepted under this section on the terms prescribed by the United States. The department shall deposit money it receives under this subsection in the state treasury and, unless the agency from which the money is received prescribes otherwise, shall keep the money in separate funds designated according to the purposes for which the money is made available, and the state shall hold the money in trust for those purposes.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter D

Sec. 22.071: Definitions

In this subchapter:

(1) "Constituent agency" means a public agency that is a party to an agreement under Section 22.072 to act jointly under this subchapter.

(2) "Governing authority" means the governing body of a county or municipality or the head of a public agency other than a county or municipality.

(3) "Joint board" means a board created under Section 22.074.

(4) "Populous home-rule municipality" means a home-rule municipality with a population of more than 400,000.

(5) "Public agency" includes a local government, an agency of the state or of the United States, and a political subdivision or agency of another state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.072: Joint-Action Agreement

(a) Two or more public agencies may enter into an agreement with each other for joint action under this chapter. Concurrent action by ordinance, resolution, or otherwise of the governing authorities of the participating public agencies constitutes joint action.

(b) A joint-action agreement must specify:

(1) its duration;

(2) the proportionate interest each public agency has in the property, facilities, and privileges involved;

(3) the proportion each public agency pays of:

(A) the preliminary costs and costs of acquiring, establishing, constructing, improving, and equipping the airport, air navigation facility, or airport hazard area; and

(B) the costs of maintaining, operating, regulating, and protecting the airport, air navigation facility, or airport hazard area; and

(4) any other terms required by this subchapter.

(c) A joint-action agreement may include:

(1) provisions for amending the agreement;

(2) conditions and methods of terminating the agreement;

(3) provisions for disposing of all or any of the property, facilities, and privileges jointly owned before or after all or part of the property, facilities, and privileges cease to be used for the purposes of this chapter or on termination of the agreement;

(4) provisions for distributing the proceeds received on disposal of the property, facilities, and privileges and any funds or other property jointly owned and undisposed of;

(5) provisions for assuming or paying any indebtedness arising from the joint venture that remains unpaid on the disposal of all assets or on termination of the agreement; and

(6) any other necessary or convenient provision.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.073: Additional Authorization

A power or privilege granted to a local government by this chapter may be exercised jointly with a public agency of another state or the United States to the extent permitted by the laws of that state or of the United States. A state agency, when acting jointly with a local government, may exercise a power or privilege granted to a local government by this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.074: Joint Board

(a) Public agencies acting jointly under this subchapter shall create a joint board consisting of members appointed by the governing authority of each participating public agency. Subject to Section 22.0745, the joint agreement shall provide for the number to be appointed and the members' terms and compensation, if any. The joint board shall organize, select officers for terms to be provided by the agreement, and adopt rules for its own procedures.

(b) A joint board may exercise on behalf of its constituent agencies all the powers of each with respect to an airport, air navigation facility, or airport hazard area, subject to the limitations of Sections 22.079-22.082.

(c) A joint board may plan, acquire, establish, construct, improve, equip, maintain, operate, regulate, protect, and police an airport, air navigation facility, or airport hazard area jointly acquired, controlled, and operated. The joint board may also realign, alter, acquire, abandon, or close a portion of a roadway or alleyway without a showing of paramount importance if the portions to be realigned, altered, acquired, abandoned, or closed are in the geographic boundaries of the airport at the time of or after the realignment, alteration, acquisition, abandonment, or closing. A taking of a right-of-way that occurs in the exercise of this power shall be compensated at fair market value.

(d) If the constituent agencies of a joint board are populous home-rule municipalities, a power described by Subsection (c) is exclusively the power of the board regardless of whether all or part of the airport, air navigation facility, or airport hazard area is located in or outside the territory of any of the constituent agencies. Another local government or other political subdivision may not enact or enforce a zoning ordinance, subdivision regulation, construction code, or other ordinance purporting to regulate the use or development of property applicable in the geographic boundaries of the airport as it may be expanded.

(e) The powers exclusively given to a joint board under Subsection (d) do not affect the jurisdiction of a municipal court under Section 29.003, Government Code. The jurisdiction of a municipal court under that section does not authorize the officers or employees of a municipality that is not a constituent agency of the joint board to enter airport property to regulate, protect, or police the airport except as permitted by a valid interlocal agreement.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 611, Sec. 2, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 352, Sec. 1, eff. Sept. 1, 2001.

Sec. 22.0745: Nonconstituent Municipality Representation on Joint Board

(a) In this section, "nonconstituent municipality" means a municipality that has territory within the boundaries of an airport that is governed by a joint board for which the constituent agencies are populous home-rule municipalities.

(b) A joint board for which the constituent agencies are populous home-rule municipalities must include in its membership a nonvoting member jointly appointed by the airport's nonconstituent municipalities.

(c) A member appointed under Subsection (b) serves a one-year term. The nonconstituent municipalities by agreement shall establish an order under which members are appointed under Subsection (b) that ensures that each nonconstituent municipality has a representative on the joint board on a rotating basis.

(d) The member appointed under Subsection (b) is not entitled to:

(1) attend or participate in a meeting of the joint board that is a closed meeting under Chapter 551, Government Code; or

(2) inspect or copy information that is collected, assembled, or maintained by the joint board, if the information is confidential or excepted from public disclosure under Chapter 552, Government Code.

Comments

Added by Acts 2001, 77th Leg., ch. 352, Sec. 2, eff. Sept. 1, 2001.

Sec. 22.075: Acquisition of Property By Populous Home-Rule Municipalities

(a) A joint board for which the constituent agencies are populous home-rule municipalities may not acquire in fee simple property in a municipality to enlarge an airport operated by the joint board, including property acquired for the runway protection zone and for mitigating the effects of additional airport noise caused by the enlargement of the airport, in more than an aggregate of 10 percent of that portion of the land area of the airport that is in the municipality unless the joint board has the consent of the municipality.

(b) Property acquired for the purpose of mitigating the effects of additional airport noise caused by the enlargement of the airport that is resold is not included as part of the limit prescribed by Subsection (a).

(c) A populous home-rule municipality may acquire property under Section 22.080(b) or Chapter 21, Property Code, for a purpose described by Subsection (a), except that the consent of the municipality in which the property is located is required for an acquisition in excess of the limit prescribed by Subsection (a).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.076: Treatment of Hazardous Waste Prohibited

(a) A joint board may not construct a facility to treat hazardous waste as defined by Section 361.003, Health and Safety Code, in an area that the joint board acquires and that is subject to the limitation prescribed by Section 22.075 without first obtaining the permission of the municipality in which the facility is to be located.

(b) This section does not prohibit any process or other activity related to the deicing of aircraft, transportation or storage of fuel, or cleanup or remediation of a spill or leak.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.077: Certain Activities Near Airport Boundaries Prohibited

(a) A joint board for which the constituent agencies are populous home-rule municipalities may not begin construction in a prohibited area of any of the following without receiving the approval of the municipality in which the facility or site is to be located:

(1) a sewer and wastewater treatment plant;

(2) an aboveground aviation fuel storage facility, not including pipelines for transporting fuel;

(3) a sanitary landfill site;

(4) a hazardous-waste disposal site; or

(5) a facility designed primarily for aircraft engine testing.

(b) An area is a prohibited area for the purposes of construction of a facility or site described by Subsections (a)(1)-(4) if:

(1) the area is within 1,000 feet of any part of the boundary of the airport as the boundary existed on the date the airport began operations; or

(2) after the date the airport began operations the airport boundary is expanded under Section 22.075 to include contiguous property and the area is within 1,000 feet of any part of the boundary of the airport after that expansion.

(c) An area is a prohibited area for the purposes of construction of a facility or site described by Subsection (a)(5) if:

(1) the area is within 500 feet of any part of the boundary of the airport as the boundary existed on the date the airport began operations; or

(2) after the date the airport began operations the airport boundary is expanded under Section 22.075 by more than 500 feet to include contiguous property and the area is within 1,000 feet of any part of the boundary of the airport after that expansion.

(d) The construction of a deicing facility by the joint board does not require the approval of the local government in which the facility is to be located.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.078: Intergovernmental Agreement with Political Subdivision

A joint board for which the constituent agencies are populous home-rule municipalities may make an intergovernmental agreement with a political subdivision of the state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.0781: Revenue Sharing Agreement with Municipality

(a) A municipality, a joint board for which the constituent agencies are populous home-rule municipalities, and the constituent agencies may make an agreement under which a portion of the revenue derived from a tax or fee of the municipality imposed in the territory of the municipality for which the joint board has exclusive power under Section 22.074(d) may be transferred to the constituent agencies if under the agreement the joint board agrees to encourage development opportunities in the territory of the municipality that are feasible and consistent with the development policies of the joint board.

(b) A tax or fee that may be transferred under an agreement includes a sales and use tax, an ad valorem property tax, a mixed beverage tax, a fine, a franchise fee, a cost of court, and a hotel occupancy tax.

(c) The agreement may provide for the inclusion of revenue from a tax imposed under Chapter 334, Local Government Code, in the transfer only if the election approving that tax is held after the date the agreement is made under this section. If any revenue from a tax imposed under Chapter 334, Local Government Code, is to be transferred, the municipality must provide general notice of that fact in the order calling the election and in the ballot proposition. The specifics of the transfer agreement are not required to be placed in the order or in the ballot proposition and only the municipality that will transfer its revenue is required to hold an election for the agreement to be effective. The ballot for an election held under this subsection shall be prepared to permit voting for or against the proposition: "Authorizing __________(insert name of municipality) to impose a __________(insert type of tax) tax at the rate of __________ (insert the maximum rate of the tax) with the revenue to be shared with __________ (insert name of each constituent agency covered by the agreement) under a revenue sharing agreement."

(d) A constituent agency may use revenue received under an agreement under this section for one or more of the following:

(1) the acquisition, construction, improvement, and renovation of any public work, including land, buildings, materials, supplies, equipment, furnishings, and machinery;

(2) to secure and pledge in support of the payment of bonds or other obligations issued by or on behalf of the constituent agency after the effective date of the agreement for any purpose for which the constituent agency, or an entity created by the constituent agency to act on its behalf, may issue bonds or obligations; and

(3) to pay the cost of a credit agreement, as defined by Section 1371.001, Government Code.

(e) Notwithstanding any other law, a municipality may use revenue retained under an agreement for any governmental purpose.

(f) Notwithstanding any other provision of Chapter 334, Local Government Code, a tax imposed under Chapter 334 that is subject to an agreement under this section continues in effect until the governing body of the municipality that imposed the tax acts at its discretion to repeal the tax.

(g) To the extent of any conflict between this section and another provision of law, including a charter provision, this section controls.

Comments

Added by Acts 1999, 76th Leg., ch. 160, Sec. 1, eff. May 21, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.372, eff. Sept. 1, 2001.

Sec. 22.079: Budget

On or before December 1 of each year, the governing authority of each constituent agency of a joint board shall approve a budget determining the total expenditures to be made by the joint board for any purpose in the following calendar year.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.080: Acquisition and Disposal of Property

(a) A joint board may not, without the consent of each governing authority of the board's constituent agencies:

(1) acquire an airport, air navigation facility, airport hazard, or property if the cost of the property exceeds the amount set by the joint agreement or allotted in the annual budget;

(2) dispose of an airport, air navigation facility, or real property under the jurisdiction of the board; or

(3) enter into a contract, lease, or other arrangement for the use and occupancy by another of airport property for a term of more than 40 years, including renewals or options to renew.

(b) Eminent domain proceedings under this subchapter may be instituted only by authority of the governing authorities of the constituent agencies of the joint board. Eminent domain proceedings must be instituted in the names of the constituent agencies jointly, and property acquired in eminent domain proceedings shall be held by the agencies as tenants in common until the agencies convey the property to the joint board.

(c) Except as provided by Subsection (a)(3), a joint board may, without the consent of the governing authorities of the board's constituent agencies, enter into a contract, lease, or other arrangement for the use and occupancy by another of airport property on the terms approved by the board, including the amounts of rental, revenue, and payments, the periods of years, and the options of renewal.

(d) The consent required by Subsection (a)(3) is unnecessary if each governing authority by resolution waives that requirement.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.081: Licensing of Vehicles for Hire and Passenger Transportation Services

(a) A joint board may license taxicabs transporting passengers to or from the airport and impose fees for issuing the licenses.

(b) A joint board for which the constituent agencies are populous home-rule municipalities may:

(1) license vehicles for hire, including taxicabs, and passenger transportation services providing services to or from the airport for compensation; and

(2) impose fees for issuing the licenses.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1149 (S.B. 530), Sec. 1, eff. June 19, 2015.

Sec. 22.0815: Offense: Unauthorized Ground Transportation

(a) In this section, "ground transportation business" means the transportation by motor vehicle of persons or baggage for compensation.

(b) A person commits an offense if, within the boundaries of an airport operated or controlled by a joint board for which the constituent agencies are populous home-rule municipalities, the person:

(1) solicits ground transportation business without the permission of the joint board, if required; or

(2) engages in ground transportation business without the permission of the joint board, if required.

(c) An offense under this section is a Class B misdemeanor.

Comments

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 15.001, eff. September 1, 2007.

Sec. 22.082: Rules

A resolution, rule, or order of a joint board dealing with a subject authorized by Section 22.014 or 22.081 is effective only on approval of the governing authorities of the constituent agencies. On approval, a resolution, rule, or order of the joint board has the same effect in the territories or jurisdictions involved as an ordinance, resolution, rule, or order of the public agency would have in its own territory or jurisdiction.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.083: Joint Fund

(a) Each constituent agency shall deposit in a joint fund created and maintained to provide the joint board with money for expenditures necessary to carry out this subchapter the agency's share of the fund as provided by the joint agreement.

(b) Federal, state, or other contributions or loans and the revenue obtained from the joint ownership, control, and operation of any airport or air navigation facility under the jurisdiction of the joint board shall be deposited to the credit of the joint fund.

(c) Disbursements from the fund shall be made by order of the joint board, subject to the limitations prescribed by Sections 22.079-22.082.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.084: Airport Revenue and Revenue Bond Proceeds; Contracting Opportunities for Minority- and Women-Owned Businesses

(a) If constituent agencies or a nonprofit corporation created under Section 22.152 issues revenue bonds to finance the construction or acquisition of a facility or other improvement at an airport, the proceeds of the bonds and any other airport income or revenue may be spent on projects for which the proceeds, income, or revenue may otherwise be spent. An agreement may be made to spend all or a portion of the proceeds, income, or revenue for the planning, construction, or acquisition of facilities authorized by Sections 22.011(a)-(c) and 22.012 without inviting, advertising for, or otherwise requiring competitive bids. A contract wholly or partly funded with proceeds, income, or revenue under this subsection shall be let in accordance with the joint board's rules and policies relating to creation of contracting opportunities for minority- and women-owned businesses.

(b) This section does not apply to a contract to be paid:

(1) from the proceeds of bonds unless the bonds from which the particular proceeds derive provide that they may not be repaid in any circumstances from ad valorem taxes; or

(2) wholly or partly from ad valorem taxes.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.085: Insurance

(a) A joint board, through self-insurance, purchased insurance, or both, may insure the joint board and its contractors and subcontractors against liability arising from the acquisition, construction, or operation of the programs and facilities of the joint board for:

(1) damages to the person or property of others;

(2) workers' compensation; and

(3) officers' and employees' liability.

(b) A joint board may use contracts and rating plans and may implement risk management programs designed to prevent accidents. In developing its insurance program, a joint board may consider the peculiar hazards, indemnity standards, and past prospective loss and expense experience of the joint board and of its contractors and subcontractors.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.086: Acceptance of Credit Cards

A joint board may:

(1) accept credit cards in payment of fees for all or certain categories of services provided by or on behalf of the joint board in connection with its operation of an airport;

(2) collect a fee for processing a payment by credit card; and

(3) collect a service charge from the person who owes the fee if the payment by credit card is not honored by the credit card company on which the funds are drawn.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.087: Use of Terminal Facilities By Manufacturers and Concessionaires

A joint board may:

(1) use the property, including terminal buildings, of a jointly owned airport to display, demonstrate, market, and sell aircraft and aircraft-related, airport-related, and aviation-related property, including goods and equipment;

(2) lease to or permit the use of airport property by manufacturers, suppliers, concessionaires, and other providers of aircraft and aircraft-related, airport-related, and aviation-related property, including goods and equipment; and

(3) use the revenue of the airport and the proceeds of bonds authorized by this chapter or by any other law for a purpose described by Subdivision (1) or (2).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.088: Expenditure of Bond Revenue By Joint Board Without Competitive Bidding

(a) A joint board may spend or agree to spend the proceeds of revenue bonds under its control to acquire and install furniture, fixtures, and equipment to be used at an airport operated by the joint board without inviting, advertising for, or otherwise requiring competitive bids or requiring or obtaining a payment or performance bond.

(b) This section applies to furniture, fixtures, and equipment purchased by the joint board or a private entity that will lease the furniture, fixtures, and equipment in accordance with this section.

(c) The furniture, fixtures, and equipment must be, before the delivery of the bonds, the subject of a lease from the joint board to a private entity under the terms of which the lessee is:

(1) obligated to maintain the furniture, fixtures, and equipment solely at its expense; and

(2) unconditionally obligated throughout the term of the bonds to make payments of net rent in amounts and at times sufficient to provide for the timely payment of all principal, interest, redemption premiums, and other costs and expenses arising or to arise in connection with the payment of the bonds.

(d) This section does not apply to the expenditure of the proceeds of bonds:

(1) unless the bonds provide by their own terms that:

(A) they are payable solely from the net rents required by Subsection (c)(2); and

(B) they are not payable in any circumstances from tax revenue; or

(2) that provide for the creation of a contractual mortgage lien against real property owned by the public agencies creating the joint board.

(e) A joint board may adopt rules it finds to be in the public interest to govern the method and installation of the properties to which this section relates.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.089: Airport Revenue of Nonconstituent Municipalities

(a) In this section:

(1) "Airport revenue" means revenue that is not already pledged or dedicated for another purpose and is received by a nonconstituent municipality from:

(A) maintenance and operations ad valorem taxes imposed on real and personal property located within a revenue sharing area by the municipality;

(B) the sales and use tax imposed by the municipality under Chapter 321, Tax Code, derived only from the sale or use of taxable items in the revenue sharing area;

(C) franchise fees, right-of-way fees, and other compensation paid to the municipality by a utility for the use of the public right-of-way or other public property located within the revenue sharing area;

(D) money collected by the municipal court, including fines, fees, and court costs derived only from convictions for offenses that occur in the revenue sharing area;

(E) the mixed beverage taxes received by the municipality under Section 183.051, Tax Code, derived only from the sale, preparation, or service of a taxable item in the revenue sharing area;

(F) all other taxes attributable to the revenue sharing area and deposited to the credit of the municipality's general fund; and

(G) as agreed by the joint board and the nonconstituent municipality, from commercial development in an area of the municipality within the boundaries of the airport that is not a revenue sharing area.

(2) "Excess airport revenue" means that amount of airport revenue received by a nonconstituent municipality in the municipality's fiscal year that exceeds the amount of airport revenue of the municipality in the later of:

(A) the municipality's fiscal year 2000; or

(B) the first fiscal year of the municipality in which the airport is fully operational.

(3) "Nonconstituent municipality" means a municipality:

(A) that has territory within the boundaries of an airport that is governed by a joint board for which the constituent agencies are populous home-rule municipalities; and

(B) that has not entered into an agreement under Section 22.0781 with the joint board.

(4) "Revenue sharing area" means the area of a nonconstituent municipality located within the boundaries of the airport that is not separated from the airport passenger terminal buildings by a controlled access highway, as defined by Section 203.001, that runs through the municipality.

(b) Not later than December 31 of each year, each nonconstituent municipality shall pay to the constituent agencies an amount equal to two-thirds of the nonconstituent municipality's excess airport revenues for the preceding fiscal year. The constituent agencies shall divide the payment according to their respective ownership interests in the airport to which the revenue was attributable.

(c) Each year, as part of its annual audit, each nonconstituent municipality shall retain an independent auditor to verify the nonconstituent municipality's excess airport revenue. The constituent agencies shall reimburse each nonconstituent municipality for two-thirds of the cost of the verification. The portion of the reimbursement to be paid by each constituent agency shall be based on the respective ownership interests in the airport to which the increased revenues were attributable. Once each calendar year, each constituent agency may audit a nonconstituent municipality's records relating to the excess airport revenue at the sole expense of the constituent agency.

(d) Each nonconstituent municipality shall determine the amount of the municipality's airport revenue according to available statistical data indicating the estimated or actual total revenue attributable to that portion of the municipality that lies within the boundaries of the airport.

Comments

Added by Acts 2001, 77th Leg., ch. 352, Sec. 3, eff. Sept. 1, 2001.

Sec. 22.090: Retail Development Within Airport Boundaries in Nonconstituent Municipality

(a) A person may not develop a retail establishment in an area of a nonconstituent municipality, as defined by Section 22.089, that is separated from the airport passenger terminal buildings by a controlled access highway, as defined by Section 203.001, without the consent of the joint board and the nonconstituent municipality. This subsection does not affect the powers of a joint board under Section 22.074.

(b) This section expires August 31, 2021.

Comments

Text of section effective until August 31, 2021

Added by Acts 2001, 77th Leg., ch. 352, Sec. 3, eff. Sept. 1, 2001.

Sec. 22.091: Confidentiality of Certain Information Collected By Joint Board

Personal identifying information collected by a joint board for which the constituent agencies are populous home-rule municipalities is confidential and not subject to disclosure under Chapter 552, Government Code, if the information collected is in relation to a commercial online payment system and includes a person's:

(1) name, address, e-mail address, or phone number;

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

(3) other personal financial information.

Comments

Text of section as added by Acts 2017, 85th Leg., R.S., Ch. 393 (S.B. 1023), Sec. 1

For text of section as added by Acts 2017, 85th Leg., R.S., Ch. 723 (S.B. 1024), Sec. 1, see other Sec. 22.091.

Added by Acts 2017, 85th Leg., R.S., Ch. 393 (S.B. 1023), Sec. 1, eff. June 1, 2017.

Sec. 22.091: Airport Security Vehicles

(a) In this section, "airport security vehicle" means a motor vehicle that:

(1) is owned or leased by a joint board; and

(2) has been designated or authorized by the joint board.

(b) An airport security vehicle may be equipped with flashing blue and amber lights visible from directly in front of the center of the vehicle.

Comments

Text of section as added by Acts 2017, 85th Leg., R.S., Ch. 723 (S.B. 1024), Sec. 1

For text of section as added by Acts 2017, 85th Leg., R.S., Ch. 393 (S.B. 1023), Sec. 1, see other Sec. 22.091.

Added by Acts 2017, 85th Leg., R.S., Ch. 723 (S.B. 1024), Sec. 1, eff. September 1, 2017.

Subchapter E

Sec. 22.151: Definitions

The definitions in Subchapter D apply to this subchapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.152: Nonprofit Airport Facility Financing Corporations

(a) The public agencies, by concurrent order, ordinance, or resolution, may authorize the incorporation of a nonprofit airport facility financing corporation under this chapter to provide financing to pay the costs, including direct and indirect costs, capitalized interest, and reserves for the costs, of an airport facility authorized by Sections 22.011(a)-(c) and 22.012 and for other purposes set forth in the articles of incorporation.

(b) In fulfilling its purposes and performing its powers, duties, and operations, the corporation shall act on behalf of and as the duly constituted authority and instrumentality of the constituent agencies authorizing its creation for purposes of Section 103 of the Internal Revenue Code of 1986 (26 U.S.C. Section 103).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.153: Approval of Articles of Incorporation; Appointment of Board of Directors

(a) The concurrent order, ordinance, or resolution of the constituent agencies authorizing incorporation of the nonprofit airport facility financing corporation must approve the articles of incorporation for the corporation and any amendments to the articles of incorporation.

(b) The board of directors of the corporation may be selected and appointed in any manner specified in the articles of incorporation, including the selection and appointment of the board of directors by the joint board under whose authority the jointly owned airport is operated and supervised under this chapter and the joint agreement.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.154: Incorporation

A nonprofit airport facility financing corporation may be incorporated under this chapter by filing its articles of incorporation with the secretary of state in the manner prescribed for the incorporation of nonprofit corporations under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes). On filing of the articles of incorporation, the secretary of state shall issue a certificate of incorporation showing that the corporation is incorporated under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.155: Bylaws

The joint board under whose authority the jointly owned airport is operated shall approve or prescribe the bylaws of the corporation. The bylaws may prescribe the procedures to be followed in fulfilling the purposes of the corporation and in exercising its powers and may include any limitations on exercising those powers the joint board considers appropriate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.156: Applicable Laws

The corporation has the powers granted by this chapter, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), and all other laws applicable to nonprofit corporations. The internal affairs of the corporation are governed by, the purposes and powers of the corporation are fulfilled and exercised in accordance with, and the corporation is subject to, the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except as otherwise provided by this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.157: Bonds

(a) A nonprofit airport facility financing corporation may provide financing for the purposes described by Section 22.152(a) by issuing bonds, notes, or other forms of obligations on behalf of the constituent agencies on terms the board of directors considers appropriate, consistent with the procedures and limitations set forth in the bylaws and subject only to the limitations in this subsection. The bonds, notes, or other obligations are payable only from:

(1) revenue, rents, income, or payments from one or more users of property of the jointly owned airport under a lease, loan, purchase, lease-purchase, or other agreement between the corporation and the user or users; and

(2) revenue of the airport that the joint board commits and pledges to the payment of the obligations under agreements between the joint board and the corporation as authorized by Subsection (b).

(b) A lease, loan, purchase, lease-purchase, or other agreement may be on terms the parties to the agreement determine appropriate. The joint board and the corporation may enter into agreements, including lease, lease-purchase, or other agreements, as they determine appropriate to accomplish financing under this section.

(c) Bonds, notes, or other obligations of the corporation must be submitted to the attorney general for review and approval. If the attorney general determines that the obligations are issued in accordance with this chapter, the attorney general shall approve them. On approval, the obligations are incontestable for any cause.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.158: Earnings

(a) No part of a nonprofit airport facility financing corporation's net earnings remaining after payment of its expenses and other obligations may benefit an individual, private firm, or private corporation.

(b) If the board of directors determines that sufficient provision has been made for the full payment of the expenses, bonds, notes, and other obligations of the corporation, any net earnings of the corporation subsequently accruing shall be paid to the joint board for the benefit of the constituent agencies in their respective ownership shares of the airport in accordance with the joint agreement.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 22.159: Alteration Or Termination of Corporation

The constituent agencies that authorize the incorporation of a nonprofit airport facility financing corporation may alter the structure, organization, programs, or activities of the corporation or may terminate and dissolve the corporation, subject only to any limitations provided by state law relating to the impairment of contracts entered into by the corporation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter Z

Sec. 22.901: Disposal of Abandoned Aircraft

(a) A local government that is unable to determine the ownership of an aircraft that has been located for more than 90 days at an airport owned by the local government may petition a district court for the county in which the aircraft is located to determine the ownership of the aircraft if:

(1) the local government has provided notice in the same manner as provided by Section 683.012 for notice of an abandoned motor vehicle; and

(2) the local government has contacted the Federal Aviation Administration in an attempt to identify the owner of the aircraft.

(b) On filing of a petition under Subsection (a), the court shall hold a hearing to determine the ownership status of the aircraft. The local government shall present the court with all evidence the local government has in its possession about the ownership of the aircraft. If the evidence is sufficient to determine ownership of the aircraft, the court shall notify the owner of the aircraft.

(c) If the court is unable to make a determination under Subsection (b), the court shall require the local government to collect additional evidence about ownership or to provide notice in the manner that is most likely to reach the owner of the aircraft. Unless evidence is discovered that allows the court to determine the owner of the aircraft, the court may not take further action on making a determination of ownership until after the 60th day after the date of the hearing under Subsection (b).

(d) If the court cannot make a determination on the ownership of the aircraft after requiring the local government to take additional steps under Subsection (c), the court shall declare the aircraft as abandoned property, and the court shall give title to the aircraft to the local government. The local government shall dispose of the aircraft in the same manner the local government disposes of salvage or surplus property.

(e) If an owner of an aircraft fails to claim the aircraft within 60 days after the date notice is given under Subsection (b), the local government may petition the district court to declare the aircraft abandoned property under Subsection (d).

(f) A determination of ownership made by the court under this section does not affect the right of the local government to recover fees against the owner of the aircraft for storage or maintenance of the aircraft.

Comments

Added by Acts 1997, 75th Leg., ch. 432, Sec. 1, eff. May 29, 1997.

Chapter 23

Sec. 23.001: Establishment of Airport Security Force

The governing body of a political subdivision that operates an airport served by an air carrier certificated by the Civil Aeronautics Board or the United States Department of Transportation may establish an airport security force and employ airport security personnel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 23.002: Commissioning of Employees As Peace Officers

(a) The governing body may commission an employee of an airport security force established under this chapter as a peace officer, subject to Subchapter C, Chapter 415, Government Code, if the employee gives an oath and a bond for the faithful performance of the employee's duties as required by the governing body.

(b) The bond described by Subsection (a) must be:

(1) made payable to the political subdivision;

(2) filed with the governing body; and

(3) approved by the governing body.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 23.003: Authority of Employees Commissioned As Peace Officers

A peace officer commissioned under this chapter has the rights, privileges, and duties of a peace officer only while on property under the control of the airport or acting in the actual course and scope of the person's employment.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 24

Subchapter A

Sec. 24.001: Definitions

In this subchapter:

(1) "Aircraft" means a device that is invented, used, or designated for air navigation or flight, other than a parachute or other device used primarily as safety equipment.

(2) "Airman" means:

(A) a person, including the person in command of an aircraft or a pilot, mechanic, or member of the crew, who engages in the navigation of an aircraft while under way; or

(B) the person who is in charge of the inspection, overhaul, or repair of an aircraft.

(3) "Airman certificate" means a certificate issued to an airman under 49 U.S.C. Section 1422.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.002: Application

This subchapter does not apply to an aircraft owned by and used exclusively in the service of the federal or state government.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.003: Operation of Aircraft Without Airman Certificate; Offense

(a) A person commits an offense if the person:

(1) navigates an aircraft in this state without an airman certificate; or

(2) serves as an airman in connection with an aircraft flown or operated in this state without an airman certificate.

(b) An offense under Subsection (a) is a misdemeanor punishable by:

(1) a fine of not less than $100 and not more than $500;

(2) confinement in county jail for not less than 30 days and not more than six months; or

(3) both the fine and the confinement.

(c) It is a defense to prosecution under this section that the person could be prosecuted under the laws or regulations of the United States for the alleged violation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.004: Inspection of Airman Certificate

A person holding an airman certificate shall keep the certificate in the person's possession when the person is operating an aircraft within this state or serving in connection with an aircraft flown or operated in this state. The person shall present the certificate for inspection on the demand of:

(1) a passenger;

(2) a peace officer of this state; or

(3) an official, manager, or person in charge of an airport or landing field in this state on which the person lands an aircraft or performs a service.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.005: Aircraft Licensure and Registration

A person may not navigate an aircraft in this state, whether for commercial, pleasure, or noncommercial purposes, unless the aircraft is licensed and registered in the manner provided by the Federal Aviation Administration.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 24.011: Failure to Register Aircraft; Offense

(a) A person commits an offense if the person operates or navigates an aircraft that the person knows is not properly registered under Federal Aviation Administration aircraft registration regulations, 14 C.F.R. Part 47, as those regulations existed on September 1, 1985.

(b) An offense under Subsection (a) is a felony of the third degree.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.012: Aircraft Identification Numbers; Offense

(a) The failure to have the aircraft identification numbers clearly displayed on an aircraft in compliance with federal aviation regulations is probable cause for a peace officer to further inspect the aircraft to determine the identity of the owner of the aircraft.

(b) A peace officer may inspect an aircraft under Subsection (a) if the aircraft is located on public property or on private property if the officer has the consent of the property owner.

(c) A person commits an offense if the person operates an aircraft that the person knows does not have aircraft identification numbers that comply with federal aviation regulations.

(d) An offense under Subsection (c) is a felony of the third degree.

(e) In this section, "federal aviation regulations" means the regulations adopted by the Federal Aviation Administration regarding identification and registration marking, 14 C.F.R. Part 45, as those regulations existed on September 1, 1985, except a regulation in existence on September 1, 1985, that is inconsistent with a regulation adopted after that date.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 24.013: Aircraft Fuel Containers; Offense

(a) A person commits an offense if the person operates or intends to operate an aircraft equipped with:

(1) a fuel container that the person knows does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit; or

(2) a pipe, hose, or auxiliary pump that is used or intended for transferring fuel to the primary fuel system of an aircraft from a fuel container that the person knows does not conform to federal aviation regulations or that has not been approved by the Federal Aviation Administration by inspection or special permit.

(b) An offense under Subsection (a) is a felony of the third degree.

(c) A peace officer may seize an aircraft equipped with a fuel container that is the subject of an offense under Subsection (a).

(d) An aircraft seized under Subsection (c) may be forfeited to the Department of Public Safety in the same manner as property subject to forfeiture under Article 18.18, Code of Criminal Procedure.

(e) An aircraft forfeited under Subsection (d) is subject to Chapter 2205, Government Code.

(f) In this section:

(1) "Federal aviation regulations" means the following regulations adopted by the Federal Aviation Administration as those regulations existed on September 1, 1985, except a regulation in existence on September 1, 1985, that is inconsistent with a regulation adopted after that date:

(A) certification procedures for products and parts, 14 C.F.R. Part 21;

(B) maintenance, preventive maintenance, rebuilding, and alteration regulations, 14 C.F.R. Part 43; and

(C) general operating and flight rules, 14 C.F.R. Part 91.

(2) "Operate" means to use, cause to use, or authorize to use an aircraft for air navigation and includes:

(A) the piloting of an aircraft, with or without the right of legal control;

(B) the taxiing of an aircraft before takeoff or after landing; and

(C) the postflight or preflight inspection or starting of the engine of an aircraft.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter C

Sec. 24.021: Taking Off, Landing, Or Maneuvering Aircraft on Highways, Roads, Or Streets; Offense

(a) A person commits an offense if the person takes off, lands, or maneuvers an aircraft, whether heavier or lighter than air, on a public highway, road, or street except:

(1) when necessary to prevent serious injury to a person or property;

(2) during or within a reasonable time after an emergency; or

(3) as provided by Section 24.022.

(b) An offense under Subsection (a) is a misdemeanor punishable by a fine of not less than $25 and not more than $200.

(c) The procedure prescribed by Section 543.003 applies to a violation of this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.04, eff. Sept. 1, 1997.

Sec. 24.022: Use of Aircraft on County Roads

(a) A commissioners court of a county may enact ordinances to ensure the safe use of county roads by aircraft. An ordinance may:

(1) limit the kinds of aircraft that may use the roads;

(2) establish the procedure that a pilot shall follow before using a road, including requiring the pilot to furnish persons with flags at both ends of the road to be used; or

(3) establish other requirements considered necessary for the safe use of the roads by aircraft.

(b) A pilot who follows the ordinances adopted under Subsection (a):

(1) may land or take off in the aircraft on a county road; and

(2) is not subject to the traffic laws of this state during the landing or takeoff.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 25

Sec. 25.001: Definition

In this chapter, "wireless communication facility" means an equipment enclosure, antenna, antenna support structure, and any associated facility used for receiving or sending a radio frequency, microwave, or other signal for a commercial communications purpose.

Comments

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.

Sec. 25.002: Notice of Construction

(a) A person proposing to construct a wireless communication facility that is taller than 100 feet shall, not later than the 30th day before the date the construction begins, mail a letter to:

(1) any airport located within three miles of the proposed facility location; and

(2) the Texas Agricultural Aviation Association.

(b) The letter must state:

(1) the legal description of the proposed site of construction, including a graphic depiction showing:

(A) the location, height, longitude, latitude, pad size, roadway access, and proposed use of the wireless communication facility; and

(B) the location of any guy wires;

(2) at a minimum, the name, phone number, electronic mail address, if any, and mailing address of the person proposing construction of the wireless communication facility; and

(3) a phone number that is operational 24 hours a day, seven days a week, for emergency purposes.

Comments

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.

Sec. 25.003: Inapplicability of Chapter

This chapter does not apply to:

(1) a structure the main purpose of which is to provide electric service;

(2) a wireless communication facility:

(A) used by an entity only for internal communications;

(B) constructed by a municipality;

(C) used for emergency communications; or

(D) installed for colocation purposes;

(3) a radio or television reception antenna;

(4) a satellite or microwave parabolic antenna not used by a wireless communication service provider;

(5) a receive-only antenna;

(6) an antenna owned and operated by a federally licensed amateur radio station operator;

(7) a cable television company facility;

(8) a radio or television broadcasting facility; or

(9) a colocation antenna.

Comments

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.

Sec. 25.004: Effect on Local Ordinances

This chapter does not preempt a local ordinance regulating a wireless communication facility.

Comments

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.37, eff. April 1, 2009.

Chapter 26

Sec. 26.001: Definitions

In this chapter:

(1) "Aquatic aircraft" means a seaplane, floatplane, or similar aircraft that is capable of taking off and landing on water.

(2) "Department" means the Texas Department of Transportation.

Comments

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.

Sec. 26.002: Application

This chapter applies to all navigable bodies of water of this state other than a navigable body of water that the federal government owns, controls, or has jurisdiction over.

Comments

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.

Sec. 26.003: Regulation Prohibited

(a) Except as provided by Subsection (b), a governmental entity that owns, controls, or has jurisdiction over a navigable body of water may not in an area in which motorized boats are permitted:

(1) prohibit the takeoff, landing, or operation of an aquatic aircraft; or

(2) regulate or require a permit or fee for the operation of an aquatic aircraft.

(b) A governmental entity described by Subsection (a) may apply to the department to prohibit or limit the operation of aquatic aircraft on a navigable body of water. The department shall approve the prohibition or limitation if the department determines that safety concerns justify the prohibition or limitation. The prohibition or limitation may apply to the entire body of water or only to a specified area.

(c) In making a determination under Subsection (b), the department shall consider:

(1) the topography of the body of water or specified area;

(2) the depth of the water and any obstacles that are under the water;

(3) the amount of boat or individual traffic on the body of water or in the specified area;

(4) the interests of persons owning homes that are located on or around the body of water; and

(5) any other factors that relate to the safe operation of aquatic aircraft.

Comments

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.

Sec. 26.004: Rules

The department shall adopt rules to implement and administer this chapter, including rules specifying how notice shall be given of a prohibition or limitation approved under this chapter.

Comments

Added by Acts 1999, 76th Leg., ch. 820, Sec. 1, eff. Sept. 1, 1999.

Title 4

Subtitle A

Chapter 51

Sec. 51.001: Short Title

This chapter may be cited as the Texas Coastal Waterway Act.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.002: Definitions

In this chapter:

(1) "Coastal marshes" means those soft, low-lying watery or wet lands and drainage areas in the coastal areas of the state that are of ecological significance to the environment and to the maintenance, preservation, and enhancement of wildlife and fisheries.

(2) "Coastal public land" means:

(A) the state-owned submerged land and the water overlying that land; and

(B) state-owned islands or portions of islands that may be affected by the ebb and flow of the tide.

(3) "Commission" means the Texas Transportation Commission.

(4) "Gulf Intracoastal Waterway" means the main channel, not including tributaries or branches, of the shallow draft navigation channel running from the Sabine River southward to the Brownsville Ship Channel near Port Isabel that is known as the Gulf Intracoastal Canal.

(5) "Department" means the Texas Department of Transportation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(a), eff. Sept. 1, 1997.

Sec. 51.003: Purpose

In recognition of the economic benefit to the state of the Gulf Coast Intracoastal Waterway, this state shall act as the nonfederal sponsor of the main channel of the Gulf Coast Intracoastal Waterway from the Sabine River to the Brownsville Ship Channel in order to:

(1) support the marine commerce and economy of this state by providing for the shallow draft navigation of the state's coastal waters in an environmentally sound manner;

(2) prevent waste of publicly and privately owned natural resources;

(3) prevent or minimize adverse impacts on the environment; and

(4) maintain, preserve, and enhance wildlife and fisheries.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 191, Sec. 1, eff. Sept. 1, 2003.

Sec. 51.004: Cooperation with Other Entities

(a) The commission shall cooperate with the Department of the Army, other federal and state agencies, navigation districts, port authorities, counties, and other appropriate persons to determine the state's federal local sponsorship requirements relating to the Gulf Intracoastal Waterway, shall fulfill those requirements, and shall satisfy the responsibilities of the nonfederal sponsor as determined by federal law.

(b) The commission shall coordinate actions taken under this chapter that may have a significant environmental impact or effect on coastal public land, coastal marshes, wildlife, and fisheries with appropriate federal and state agencies that have environmental, wildlife, and fisheries responsibilities.

(c) Within its authority and available resources, an agency or political subdivision of the state shall assist the commission in performing its duties under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.005: Land Acquisition

(a) The commission may acquire by gift, purchase, or condemnation property or an interest in property that the commission considers necessary to enable it to meet its responsibilities under this chapter, including, except as provided by Subsection (b)(3), easements and rights-of-way for dredge material disposal sites or channel alteration.

(b) The commission may not:

(1) acquire oil, gas, sulphur, or other minerals that may be recovered without using the surface of land acquired by the commission for exploration, drilling, or mining purposes;

(2) condemn any submerged public land under the jurisdiction of the School Land Board; or

(3) condemn private property along Reach 1, Reach 2, Reach 4, Reach 5, and Reach 6 of the Gulf Coast Intracoastal Waterway as defined by the Draft Laguna Madre GIWW Dredged Material Management Plan prepared by the Army Corps of Engineers and the Interagency Coordination Team dated October 11, 2002, for use as a disposal site for dredged material from the Laguna Madre unless the commission determines that:

(A) there is no state or federal land available that can be used for that purpose; and

(B) the state's failure to acquire the property will result in the closure of any segment of the Gulf Coast Intracoastal Waterway located in this state.

(c) An agency or political subdivision of the state may convey, without advertisement, title or rights and easements owned by the agency or political subdivision to any property the commission needs to meet its responsibilities under this chapter.

(d) Repealed by Acts 2003, 78th Leg., ch. 191, Sec. 4, eff. Sept. 1, 2003.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1457, Sec. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 191, Sec. 2, 4 eff. Sept. 1, 2003.

Sec. 51.006: Hearing Required Before Acquisition of Property

(a) Before the commission approves or implements a plan or project to acquire property or an interest in property under Section 51.005 for a dredge material disposal site or for an alteration of the Gulf Intracoastal Waterway that requires the acquisition of additional property or an interest in property to meet its responsibilities under this chapter, the commission shall hold a public hearing to receive evidence and testimony concerning the desirability of the proposed dredge material disposal site or channel alteration.

(b) The commission shall publish notice of a plan or project and the date, time, and place of a hearing at least once a week for three successive weeks before the hearing in a newspaper of general circulation that is published in the county seat of each county in which any part of a proposed dredge material disposal site or channel alteration is located.

(c) The commission may approve the plan or project and implement it and acquire additional property if the commission determines, after the public hearing, that the proposed plan or project can be accomplished without an unjustifiable waste of publicly or privately owned natural resources or a permanent and substantial adverse impact on the environment, wildlife, or fisheries.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.007: Evaluation and Report

(a) In cooperation with appropriate persons, the commission shall continually evaluate the impact of the Gulf Intracoastal Waterway on the state. The evaluation shall include:

(1) an assessment of the importance of the Gulf Intracoastal Waterway that includes identification of its direct and indirect beneficiaries;

(2) identification of principal problems and possible solutions to those problems that includes estimated costs, economic benefits, and environmental effects;

(3) an evaluation of the need for significant modifications to the Gulf Intracoastal Waterway; and

(4) specific recommendations for legislative action that the commission believes are in the best interest of the state in carrying out the state's duties under this chapter.

(b) The commission shall publish a report of its evaluation and present the report to each regular session of the legislature.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.008: School Land Board Power

This chapter does not diminish the duty or power of the School Land Board to manage the coastal public land of the state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 51.009: Beneficial Use of Dredge Material

(a) The commission, through the department, may enter into an agreement with the Department of the Army to participate in the cost of a project to beneficially use material dredged from the Gulf Intracoastal Waterway.

(b) The commission by rule shall establish eligibility criteria for a project to beneficially use the dredge material.

(c) In this section and Sections 51.010 and 51.011, beneficial use of dredge material means any productive and positive use of dredge material and includes broad use categories such as fish and wildlife habitat development, human recreation, and industrial and commercial uses.

Comments

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept. 1, 1997.

Sec. 51.010: Property Acquisition

The commission, through the department, may acquire an interest in property required for a project to beneficially use dredge material in the manner provided by Section 51.005.

Comments

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept. 1, 1997.

Sec. 51.011: Hearing Required Before Participation in Project

(a) Before the department agrees to participate in the cost of a project to beneficially use dredge material that requires the acquisition of an interest in property, the commission shall hold a public hearing on the desirability of the project.

(b) The commission shall publish notice of the date, time, and place of the hearing at least once a week for three successive weeks before the hearing in a newspaper of general circulation published in the county seat of each county in which the project is located.

(c) The department may agree to participate in the cost of the project if the commission determines, after the public hearing, that the project can be accomplished without unjustifiable waste of publicly or privately owned natural resources or a permanent and substantial adverse effect on the environment, wildlife, or fisheries.

Comments

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.06(b), eff. Sept. 1, 1997.

Sec. 51.012: Contracts with Landowners

The commission may contract with a landowner for the use of land as a disposal site for dredged material.

Comments

Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1, 2003.

Sec. 51.013: Dredged Material Disposal

(a) The department shall condemn land for disposal of dredged material for the Laguna Madre section of the Gulf Coast Intracoastal Waterway only in accordance with the Draft Laguna Madre GIWW Dredged Material Management Plan prepared by the Army Corps of Engineers and the Interagency Coordination Team dated October 11, 2002.

(b) On request by a political subdivision, the commission may enter into a contract with a political subdivision to dispose of dredged material from the Highland Bayou Diversionary Canal on Placement Area 58A of the Gulf Coast Intracoastal Waterway.

(c) The commission may not charge a fee for disposal under Subsection (b).

Comments

Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 242 (S.B. 2380), Sec. 1, eff. September 1, 2009.

Sec. 51.014: Substantive Changes to Dredged Material Disposal Plan

The department shall seek approval of the legislature for any substantive changes to dredged material disposal management made in the final Laguna Madre GIWW Dredged Material Management Plan once the plan is published.

Comments

Added by Acts 2003, 78th Leg., ch. 191, Sec. 3, eff. Sept. 1, 2003.

Chapter 52

Sec. 52.001: Short Title

This chapter may be cited as the Texas Deepwater Port Procedures Act.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.002: Definitions

In this chapter:

(1) "Adjacent coastal county" means a county bordering the Gulf of Mexico that has an onshore storage facility for a deepwater port for which an application has been filed.

(2) "Commissioner" means the commissioner of the General Land Office or the commissioner's designated representative.

(3) "Deepwater port" means a facility defined in Section 3(10), Deepwater Port Act of 1974 (33 U.S.C. Sec. 1502(10)), and includes an onshore storage tank facility and the pipelines located in this state that connect the onshore storage tank facility with an offshore facility of a deepwater port.

(4) "Person" means an individual, association, organization, trust, partnership, or corporation.

(5) "Secretary" means the United States secretary of transportation.

(6) "State or local agency" means a board, commission, department, office, agency, or political subdivision of the state or of a county or municipality, or another public body created by or under state law.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.003: General Administration

(a) The governor shall approve or disapprove an application made to the secretary under the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) to own, construct, or operate a deepwater port off the Texas Gulf Coast.

(b) The commissioner shall administer, implement, and coordinate the provisions of this chapter regarding a determination by state and local agencies of the application's compliance with state and local laws regarding environmental protection, land and water use, and coastal zone management.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.004: Application: Governor's Duties

(a) On receipt of a copy of an application from the secretary, the governor shall immediately send a copy to the attorney general and the commissioner.

(b) If the governor determines that the application is substantially similar to an application previously reviewed under this chapter, the governor may approve or disapprove the application without further action under this chapter and notify the secretary of the action taken.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.005: Application to Be Filed; Fee for Duplication and Mailing

(a) A copy of the application shall be filed in the General Land Office and in the office of the county judge of the adjacent coastal county.

(b) The public may inspect or duplicate the application during normal business hours. A reasonable fee may be charged for duplicating and mailing the application.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.006: Duties of Attorney General and Commissioner; Fee for Duplication and Mailing

(a) Not later than the 30th day after the date of receiving a copy of the application from the governor, the attorney general shall send the governor and the commissioner a list of each state or local agency that the attorney general determines has jurisdiction to administer laws regarding environmental protection, land and water use, and coastal zone management in the area in which the deepwater port is located.

(b) On receipt of the list, the commissioner shall immediately send a copy of the application to each state and local agency.

(c) The applicant may be charged a reasonable fee to cover the cost of duplicating and mailing the application to the state and local agencies unless the applicant provides the necessary copies.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.007: Publication of Notice

Not later than the 15th day after the date of receiving a copy of the application from the governor, the commissioner shall publish notice of the application in:

(1) the Texas Register;

(2) the newspaper having the greatest general circulation in Travis County and in each of the five most populous counties in the state; and

(3) a newspaper in the adjacent coastal county and in each county that adjoins the adjacent coastal county in which notice is not otherwise required to be published under this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.008: Report By Agencies

(a) Not later than the 60th day after the date of receiving a copy of the application from the commissioner, a state or local agency notified under Section 52.006 shall report in writing to the commissioner the agency's determination of whether the application complies with laws, including rules and regulations, administered by the agency.

(b) If an agency determines that the application does not comply with laws administered by that agency, the agency shall include in the report:

(1) a detailed description of the manner in which the application does not comply; and

(2) recommended changes that would enable the application to comply with those laws.

(c) The commissioner shall send a copy of the agency's report to the applicant.

(d) An applicant is entitled to:

(1) respond in writing to the agency that issued the report; and

(2) request and receive a public hearing before the commissioner on the provisions of the application that an agency has determined do not comply with laws administered by that agency.

(e) If an agency fails to file a report within the period prescribed by Subsection (a), the application is presumed to comply with the laws administered by that agency.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.009: Hearings

(a) The commissioner may hold a public hearing after receiving the reports required under Section 52.008.

(b) If the commissioner decides to hold a public hearing or if the applicant requests a hearing under Section 52.008(d)(2), the commissioner shall publish notice of the hearing in the publications described by Section 52.007.

(c) Notice of the hearing must:

(1) describe the purpose of the hearing; and

(2) provide the date, time, and place of the hearing.

(d) Notice of the hearing must be published and personal notice of the hearing, if any, must be given not later than the 10th day before the date set for the hearing.

(e) The commissioner may consolidate a hearing held under this section with the hearing that is required to be held in this state by the secretary under the Deepwater Port Act of 1974 (33 U.S.C. Sec. 1501 et seq.).

(f) A hearing held under this section must be concluded not later than the 120th day after the date the commissioner receives the application from the governor. The commissioner may hold a hearing after that date if:

(1) the required federal hearing in this state has not been held; and

(2) the commissioner decides to consolidate the hearings and gives notice of the decision.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.010: Report By Commissioner

(a) Notwithstanding Section 52.009(f), not later than the 150th day after the date of receiving a copy of the application from the governor, the commissioner shall send the governor:

(1) a written report summarizing the reports submitted by state and local agencies under Section 52.008; and

(2) a transcript of the testimony from each public hearing the commissioner held on the application, including each consolidated hearing.

(b) If the commissioner's report contains a determination by a state or local agency that the application does not comply with a law relating to environmental protection, land and water use, or coastal zone management, the commissioner shall include in the report:

(1) the manner in which the application does not comply; and

(2) recommended changes that would enable the application to comply with the law.

(c) If the commissioner fails to report to the governor within the period prescribed by Subsection (a), the application is presumed to comply with state and local law.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.011: Approval By Governor

(a) On receipt of the commissioner's report and not later than 45 days after the last public hearing held by the secretary as required by Section 5(g) of the Deepwater Port Act of 1974 (33 U.S.C. Sec. 1504(g)), the governor shall notify the secretary whether the governor approves or disapproves an application.

(b) The governor may disapprove an application if the governor concludes the application does not comply with state law regarding environmental protection, land and water use, and coastal zone management.

(c) If the governor determines the application can be amended to comply with those state laws, the governor may approve the application and notify the secretary of:

(1) the manner in which the application does not comply; and

(2) recommended changes that would enable the application to comply with those state laws.

(d) The governor shall send a copy of the notification to the secretary, the applicant, the commissioner, and each state and local agency that was notified under Section 52.006.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 52.012: Effect on Other Laws

This chapter does not affect the power or activities of a state or local agency and does not change or repeal the statutes regarding those agencies.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 54

Subchapter A

Sec. 54.001: Applicability of Chapter

This chapter applies only to a municipality that:

(1) is located on:

(A) the Gulf of Mexico; or

(B) a channel, canal, bay, or inlet connected to that gulf; and

(2) has a population of more than 5,000.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.002: Definitions

In this chapter:

(1) "Board" means a board of trustees established under Section 54.051.

(2) "Obligation" includes a bond.

(3) "Port improvement or facility" means an improvement or facility necessary or convenient for the proper operation of a port or harbor of a municipality, including:

(A) land, an interest in land, or property;

(B) a wharf, pier, or dock;

(C) a roadway or belt railway;

(D) a warehouse, grain elevator, transport facility, handling facility, or storage facility;

(E) a ship repair facility, dumping facility, bunkering facility, floating plant or facility, lightering facility, towing facility, or other facility that a navigation district is authorized to provide;

(F) equipment and supplies; and

(G) any other structure, building, or facility necessary or convenient for the proper operation of a port or harbor of the municipality.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.003: Authority Regarding Port Improvements and Facilities

(a) A municipality that owns and operates a port may construct, acquire, lease, improve, enlarge, extend, repair, maintain, replace, develop, or operate a port improvement or facility.

(b) A port improvement or facility may be constructed on land acquired by purchase, lease, or otherwise, and the land, interest in the land, or port improvement or facility may be conveyed by lease, sublease, or sale by installment or otherwise on the terms the municipality determines to be advantageous.

(c) Each power provided by this section is a public and governmental function, is exercised for a public purpose, and is a matter of public necessity.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.004: Authority to Impose Tax; Election

(a) Notwithstanding any law or charter provision to the contrary, the governing body of a municipality may impose a tax at a rate not to exceed 10 cents on each $100 of assessed valuation of property for the maintenance and operation of a port or harbor of the municipality.

(b) The tax may be imposed only if it has been approved by a majority of the qualified voters voting at an election held for that purpose.

(c) Section 41.001(a), Election Code, does not apply to the election.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.005: Applicability of Other Law

Except to the extent that it conflicts or is inconsistent with this chapter, Subchapter B, Chapter 1502, Government Code, applies to revenue obligations issued under this chapter, and a municipality to which this chapter applies has, with respect to a revenue obligation issued under this chapter, each power granted by that subchapter.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Subchapter B

Sec. 54.051: Management and Control By Governing Body Or Board

(a) An ordinance authorizing the issuance of obligations under this chapter may provide that while the principal of or interest on the obligations is outstanding, management and control of the port improvement or facility and of the income and revenue from the port improvement or facility, including the authority to set a charge, prepare a budget, and authorize an expenditure, is vested in:

(1) the governing body of the municipality; or

(2) the board of trustees named in the ordinance.

(b) A board may consist of not more than seven members, one of whom must be a member of the governing body of the municipality.

(c) Notwithstanding Subsection (a), if the municipality is operating under a home-rule charter that requires that the port improvement or facility be managed or controlled by a board of trustees, the charter controls.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.052: Organization and Duties of Board

(a) An ordinance under Section 54.051 that vests management and control of a port improvement or facility in a board must:

(1) specify the board members' compensation;

(2) specify the members' terms of office;

(3) specify the members' powers and duties and the manner of exercising those powers and duties;

(4) provide for the election or appointment of the members' successors; and

(5) specify any other matter relating to the members' organization and duties.

(b) If the municipality is operating under a home-rule charter that contains a provision relating to a matter described by Subsection (a), each provision of the ordinance relating to that matter must be in accordance with and is governed by the charter.

(c) On any matter not covered by the ordinance or the municipal charter, the board is governed by the laws and rules governing the governing body of the municipality to the extent applicable.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.053: Character of Board; General Powers

(a) A board is a body politic and corporate.

(b) A board may:

(1) manage, control, maintain, and operate each port improvement or facility constituting a port or harbor of the municipality;

(2) employ a general manager and any other officer, employee, or representative the board considers appropriate;

(3) notwithstanding any law or charter provision to the contrary:

(A) prepare and adopt a budget for the operation of a port or harbor of the municipality;

(B) set charges for a service or facility;

(C) authorize an expenditure; and

(D) manage and control the income and revenue of each port or harbor of the municipality;

(4) determine policies and adopt rules and procedures for the operation of each port or harbor of the municipality;

(5) acquire property or an interest in property for any purpose set forth in Section 54.003 in the manner provided by this chapter and construct a port improvement or facility on the property;

(6) contract in its own name, but not in the name of the municipality;

(7) sue and be sued in its own name;

(8) adopt, use, and alter a corporate seal;

(9) establish a port security force, employ public security officers licensed by the Texas Commission on Law Enforcement, and commission employees of the force as peace officers;

(10) own, establish, construct, improve, equip, maintain, operate, regulate, protect, or police any transportation facility and any necessary appurtenance to that facility;

(11) construct, lease, improve, enlarge, extend, repair, maintain, replace, develop, or operate a port improvement or facility;

(12) exercise all powers of a municipality relating to the creation of an economic development program under Chapter 380, Local Government Code, for the purpose of making grants and loans; and

(13) exercise any additional power granted by the ordinance or charter.

(c) A board has the power to construct a port improvement or facility on land acquired by purchase, lease, or otherwise, and a board may convey by lease, sublease, or sale by installment or otherwise, on the terms the board determines to be advantageous, the land, interest in the land, or port improvement or facility.

(d) Each power provided by this section is a public and governmental function, is exercised for a public purpose, and is a matter of public necessity.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 169 (S.B. 1836), Sec. 1, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.61, eff. May 18, 2013.

Sec. 54.054: Competitive Bidding

(a) Except as otherwise provided by this chapter, the board may award a contract involving the expenditure of funds in excess of the amount applicable to an expenditure of funds by a municipality under Section 252.021(a), Local Government Code, only by competitive bidding.

(b) Competitive bidding is not required:

(1) for a contract or expenditure exempt from competitive bidding under Section 252.022, Local Government Code, or another applicable law;

(2) for a contract for:

(A) personal or professional services;

(B) a real estate transaction;

(C) operation of a port improvement or facility under a specific agreement for a limited term; or

(D) insurance; or

(3) if the board determines that the delay posed by the competitive bidding procedure would prevent or substantially impair the operation of a port.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 169 (S.B. 1836), Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1044 (H.B. 4493), Sec. 1, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 14, eff. June 19, 2009.

Sec. 54.055: Approval By Ordinance Required for Sale of Real Property

Notwithstanding any other provision of this chapter, a board may sell real property only if the governing body of the municipality by ordinance approves the sale.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.056: Board Act Or Proceeding Presumed Valid

(a) A governmental act or proceeding of a board is conclusively presumed, as of the date it occurred, to be valid and to have occurred in accordance with all applicable law if:

(1) the third anniversary of the effective date of the act or proceeding has expired; and

(2) a lawsuit to annul or invalidate the act or proceeding has not been filed on or before that third anniversary.

(b) This section does not apply to:

(1) an act or proceeding that was void at the time it occurred;

(2) an act or proceeding that, under a statute of this state or the United States, was a misdemeanor or felony at the time the act or proceeding occurred; or

(3) a matter that on the effective date of this section:

(A) is involved in litigation if the litigation ultimately results in the matter being held invalid by a final judgment of a court; or

(B) has been held invalid by a final judgment of a court.

Comments

Added by Acts 2007, 80th Leg., R.S., Ch. 169 (S.B. 1836), Sec. 3, eff. September 1, 2007.

Subchapter C

Sec. 54.101: Definition

In this subchapter, "net revenue" means the gross revenue derived from the operation of a port improvement or facility the net revenue of which is pledged to the payment of an obligation less:

(1) the reasonable expenses of maintaining and operating the port improvement or facility, including necessary repair, maintenance, and insurance of the port improvement or facility; and

(2) if the municipality pledging the net revenue is a home-rule municipality, any annual payment of the municipality provided for in the charter.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.102: Authority of Municipality to Issue Obligations

The governing body of a municipality by ordinance may issue in the name of the municipality obligations payable from taxes, revenue, or both to provide money for a port improvement or facility.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.103: Election

(a) Obligations payable from ad valorem taxes, other than refunding obligations, may be issued only if authorized by a majority of the qualified voters voting at an election held under Chapter 1251, Government Code.

(b) Notwithstanding any law or charter provision to the contrary, an election is not required to authorize the issuance under this chapter of obligations payable solely from revenue if:

(1) the obligations are not:

(A) a debt of the municipality; or

(B) a pledge of the faith and credit of the municipality; and

(2) the owner or holder of an obligation is not entitled to demand payment from money raised by taxation.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.104: Authority of Board to Issue Obligations

(a) A board by resolution may issue in the name of the board, with the consent of the governing body of the municipality:

(1) obligations payable from revenue in the manner provided by this chapter to provide money for a port improvement or facility or to refund previously issued obligations;

(2) expense warrants drawn against the revenue of the board to pay expenses during the fiscal year of the board in which the warrants are issued; or

(3) certificates of participation in contractual obligations to pay money.

(b) Notwithstanding any other provision of this chapter, a board may issue obligations only if the governing body of the municipality by ordinance approves the issuance.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.105: Limitation on Aggregate Amount of Expense Warrants

The aggregate amount of expense warrants issued under Section 54.104(a)(2) that are outstanding at any time during a fiscal year may not exceed 50 percent of the difference between:

(1) the revenue of the board budgeted for that fiscal year; and

(2) the principal of and interest on board obligations other than expense warrants to be paid from the revenue of the board during that fiscal year.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.106: Maturity of Obligation

An obligation issued under this chapter must mature not later than 40 years after its date.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.107: Signatures

(a) An obligation issued by a municipality under this chapter must be signed by the mayor or presiding officer of the municipality and countersigned by the municipal secretary or municipal clerk.

(b) An obligation authorized by a board under this subchapter must be signed by the presiding officer of the board and countersigned by the secretary or assistant secretary.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.108: Sale of Obligations

(a) Obligations issued under this chapter shall be sold at a public or private sale under terms determined by the governing body or the board issuing the obligations to be the most advantageous and reasonably obtainable.

(b) Subsection (a) applies to obligations payable from revenue notwithstanding any restriction in a municipal charter to the contrary.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.109: Contents of Ordinance Or Resolution Authorizing Issuance of Obligations Payable from Revenue

(a) The ordinance of the governing body of the municipality or the resolution of the board authorizing the issuance of obligations payable from revenue may:

(1) provide for the flow of funds and the establishment and maintenance of an interest and sinking fund, reserve fund, or other fund;

(2) specify a depository for the money; and

(3) contain any additional covenant, as considered appropriate, with respect to the obligations, the pledged revenue, and the operation and maintenance of each port improvement or facility the net revenue of which is pledged, including provisions for:

(A) the lease of a port improvement or facility; and

(B) the use or pledge of money derived from that lease.

(b) The ordinance or resolution or another proceeding may:

(1) prohibit the further issuance of obligations payable from pledged revenue; or

(2) reserve the right to issue additional obligations to be secured by a pledge of and payable from the net revenue on a parity with, or subordinate to, the lien and pledge in support of the obligations being issued, subject to any condition provided by the ordinance, resolution, or other proceeding.

(c) The ordinance, resolution, or other proceeding may provide for an annual payment to the general fund of the municipality to be made from revenue received from the operation of the port improvement or facility the net revenue of which is pledged. The amount of the payment may be specified in:

(1) the ordinance, resolution, or proceeding; or

(2) the charter of the municipality if the municipality is a home-rule municipality.

(d) The ordinance, resolution, or other proceeding may provide that surplus net revenue received from the operation of the port improvement or facility the net revenue of which is pledged may be used for the payment of the principal of and interest on any obligation payable from taxes issued by the municipality under this chapter.

(e) The ordinance, resolution, or other proceeding may contain other provisions and covenants. If the municipality is a home-rule municipality, the provisions must be consistent with any charter provision relating to the port improvement or facility that is not inconsistent with this chapter.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.110: Review and Approval of Contracts Relating to Revenue Obligations

(a) If revenue obligations issued under this chapter state that they are secured in whole or in part by a pledge of the proceeds from a contract, including a lease contract, a copy of the contract and of the proceedings authorizing the contract must be submitted to the attorney general with the record relating to the issuance of the obligations.

(b) The approval by the attorney general of the obligations is approval of the contract.

(c) After approval, the contract is incontestable except for forgery or fraud.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.111: Security for and Payment of Obligations Payable from Revenue

(a) Obligations issued under this chapter and payable from revenue may be secured solely by and paid from a pledge of the net revenue derived from the operation of all or a designated part of a port improvement or facility then in existence or to be improved, constructed, or acquired.

(b) While the principal of or interest on the obligations is outstanding, the issuer shall:

(1) impose and collect charges in an amount sufficient to pay:

(A) maintenance and operation expenses of the port improvement or facility the net revenue of which is pledged;

(B) the interest on the obligations as it accrues; and

(C) the principal of the obligations as the obligations mature; and

(2) make any other payment prescribed by the ordinance, resolution, or other proceeding authorizing or relating to the issuance of the obligations.

(c) Obligations payable from revenue may be secured:

(1) solely by a pledge of all or part of the revenue from any lease, sublease, sale, or contract of sale entered into by the municipality or board with respect to the port improvement or facility to be financed with the obligations; or

(2) as provided by Subdivision (1) and by a trust indenture and a mortgage or deed of trust lien on or security interest in the port improvement or facility.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.112: Use of Certain Proceeds

From the proceeds from the sale of obligations issued under this chapter, there may be appropriated or set aside:

(1) an amount for the payment of interest expected to accrue while a port improvement or facility is under construction;

(2) an amount necessary to pay all expenses incurred and to be incurred in the issuance, sale, and delivery of the obligations; and

(3) an amount required by the ordinance or resolution authorizing the issuance of the obligations to be deposited to the credit of a reserve fund or other fund specified by the ordinance or resolution.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.113: Lease Or Sale of Port Improvements and Facilities

(a) In connection with the issuance of obligations payable from revenue, a municipality or board may lease, sublease, or sell to any person, firm, corporation, partnership, political subdivision of this state, or agency of the United States any port improvement or facility to be constructed or acquired with the proceeds of the obligations.

(b) A lease, sublease, or contract of sale may contain any provision the municipality or board determines advantageous, including, in the case of a lease, a provision for:

(1) the sale of a port improvement or facility at the termination of the lease; or

(2) the management and operation of a port improvement or facility by the lessee.

(c) A lease or contract of sale may provide that the lessee or purchaser of a port improvement or facility is unconditionally obligated to make payments for use or purchase of the port improvement or facility in amounts adequate to timely pay the principal of and interest and premium on the obligations issued to finance the construction or acquisition of the port improvement or facility.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.114: Encumbrance of Port Improvements Or Facilities Financed By Obligations Payable from Ad Valorem Taxes

A municipality may not encumber a port improvement or facility financed by obligations payable from ad valorem taxes unless authorized at the election required by Section 54.103.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Subchapter D

Sec. 54.151: Applicability of Law Relating to Original Obligations

The provisions of this chapter relating to original obligations apply to refunding obligations issued under this chapter to the extent the provisions can be made to apply.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.152: Authority to Issue Tax Refunding Obligations

The governing body of a municipality, under the procedures provided by this chapter, may issue tax obligations to refund outstanding tax obligations, including original or refunding obligations, issued by the municipality under this chapter.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.153: Authority to Issue Revenue Refunding Obligations

The governing body of a municipality or a board, under the procedures provided by this chapter, may issue obligations payable from revenue to refund outstanding obligations payable from revenue, including original or refunding obligations:

(1) issued under this chapter;

(2) issued for a purpose described by Section 54.003; or

(3) payable from the revenue of a port improvement or facility.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.154: Terms of Issuance of Revenue Refunding Obligations

(a) Revenue refunding obligations may:

(1) be combined with new or original revenue obligations into one series or issue;

(2) be issued to refund obligations of more than one series or issue;

(3) combine the pledges securing the obligations to be refunded to secure the revenue refunding obligations; or

(4) be secured by a pledge of other or additional net revenue.

(b) A revenue refunding obligation may bear interest at a rate higher than that of the obligation to be refunded.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.155: Registration of Refunding Obligations By Comptroller

(a) Except as provided by Subsection (b), the comptroller shall register refunding obligations on surrender and cancellation of the obligations to be refunded.

(b) The comptroller shall register refunding obligations without the surrender and cancellation of the obligations to be refunded if the ordinance or resolution authorizing the issuance of the refunding obligations requires that:

(1) the obligations be sold at public or private sale; and

(2) the proceeds from the sale be deposited:

(A) in a place where the underlying obligations are payable; or

(B) with the comptroller.

(c) Refunding obligations to which Subsection (b) applies may be issued in an amount sufficient to pay the principal of and interest on the obligations to be refunded to the option or maturity date of the obligations.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Sec. 54.156: Escrow Agreement

(a) The proceeds from revenue refunding obligations that are deposited as provided by Section 54.155(b)(2) shall be deposited under an escrow agreement so that the proceeds and interest earned from the investment of the proceeds will be available to pay the principal of and interest on the obligations to be refunded as each becomes due.

(b) The escrow agreement may provide that the proceeds may, until needed to pay principal and interest as each becomes due, be invested in direct obligations of the United States.

(c) Interest earned on an investment described by Subsection (b):

(1) may be pledged to the payment of the principal of and interest on the obligations to be refunded or the refunding obligations; or

(2) shall be considered as revenue of the applicable port improvement or facility.

Comments

Added by Acts 1999, 76th Leg., ch. 227, Sec. 20, eff. Sept. 1, 1999.

Chapter 55

Sec. 55.001: Definitions

In this chapter:

(1) "Commission" means the Texas Transportation Commission.

(2) "Committee" means the Port Authority Advisory Committee.

(3) "Department" means the Texas Department of Transportation.

(4) "Fund" means the port access account fund.

(4-a) "Port access improvement project" means the construction or improvement of public roadways that will enhance connectivity to ports.

(5) "Port security, transportation, or facility project" means a project that is necessary or convenient for the proper operation of a maritime port and that will improve the security, movement, and intermodal transportation of cargo or passengers in commerce and trade.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 18.02, eff. June 21, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 480 (H.B. 699), Sec. 1, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 180 (S.B. 28), Sec. 1, eff. May 26, 2017.

Sec. 55.002: Port Development Funding

(a) From money in the fund, the department shall fund:

(1) port security, transportation, or facility projects; and

(2) maritime port studies.

(b) The commission by rule may establish matching fund requirements for receiving money from the fund.

(c) Port security, transportation, or facility projects eligible for funding under this chapter include:

(1) construction or improvement of transportation facilities within the jurisdiction of a maritime port;

(2) the dredging or deepening of channels, turning basins, or harbors;

(3) the construction or improvement of wharves, docks, structures, jetties, piers, storage facilities, cruise terminals, or any facilities necessary or useful in connection with maritime port transportation or economic development;

(4) the construction or improvement of facilities necessary or useful in providing maritime port security;

(5) the acquisition of container cranes or other mechanized equipment used in the movement of cargo or passengers in international commerce;

(6) the acquisition of land to be used for maritime port purposes;

(7) the acquisition, improvement, enlargement, or extension of existing maritime port facilities; and

(8) environmental protection projects that:

(A) are required as a condition of a state, federal, or local environmental permit or other form of approval;

(B) are necessary for the acquisition of spoil disposal sites and improvements to existing and future spoil sites; or

(C) result from the undertaking of eligible projects.

(d) The department, in consultation with the committee, shall review the list of projects recommended by the committee to evaluate the economic benefit of each project. The commission, after receiving recommendations from the committee and from the department, shall approve projects or studies for funding based on its review.

(e) The commission may use money from the Texas Mobility Fund to provide funding for a port access improvement project.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 18.03, eff. June 21, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 480 (H.B. 699), Sec. 2, eff. September 1, 2011.

Acts 2013, 83rd Leg., 3rd C.S., Ch. 1, Sec. 1.

Acts 2017, 85th Leg., R.S., Ch. 180 (S.B. 28), Sec. 2, eff. May 26, 2017.

Sec. 55.003: Gifts and Grants

The department may accept gifts, grants, and donations from any source for the purposes of this chapter.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001.

Sec. 55.004: Audit

The department may subject a project that receives money under this chapter to a final audit.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 18.04, eff. June 21, 2003.

Sec. 55.005: Port Access Account Fund

(a) The port access account fund is an account in the general revenue fund.

(b) The following money shall be credited to the fund:

(1) money received from gifts, grants, and donations; and

(2) interest earned on deposits and investments of the fund.

(c) Money in the fund may be appropriated only to the department to perform the department's powers and duties concerning maritime port transportation and economic development under this chapter and to pay the department's expenses incurred under this chapter.

(d) The financial transactions of the fund are subject to audit by the state auditor.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 480 (H.B. 699), Sec. 3, eff. September 1, 2011.

Sec. 55.006: Port Authority Advisory Committee

(a) The committee consists of nine members appointed as follows:

(1) one member from the Port of Houston Authority appointed by the commission;

(2) three members who represent maritime ports on the upper Texas coast appointed by the commission;

(3) three members who represent maritime ports on the lower Texas coast appointed by the commission;

(4) one member appointed by the lieutenant governor; and

(5) one member appointed by the speaker of the house of representatives.

(b) A committee member serves at the pleasure of the commission.

(c) The committee must meet at least semiannually.

(d) A member is not entitled to compensation for service on the committee but is entitled to reimbursement for reasonable expenses the member incurs in performing committee duties.

(e) Section 2110.002, Government Code, does not apply to the committee.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 18.05, eff. June 21, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 480 (H.B. 699), Sec. 4, eff. September 1, 2011.

Acts 2017, 85th Leg., R.S., Ch. 180 (S.B. 28), Sec. 3, eff. May 26, 2017.

Sec. 55.007: Duties of Committee

(a) The committee shall:

(1) prepare a maritime port mission plan;

(2) review each project eligible to be funded under this chapter and make recommendations for approval or disapproval to the department;

(3) every two years prepare a report on Texas maritime ports, with a list of projects that have been recommended by the committee, including:

(A) the recommended funding level for each project; and

(B) if staged implementation of the project is appropriate, the funding requirements for each stage; and

(4) advise the commission and the department on matters relating to port authorities.

(b) The committee shall update the report on Texas maritime ports and shall submit the report not later than December 1 of each even-numbered year to the commission for distribution to:

(1) the governor;

(2) the lieutenant governor; and

(3) the speaker of the house of representatives.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 18.06, eff. June 21, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 480 (H.B. 699), Sec. 5, eff. September 1, 2011.

Sec. 55.008: Capital Program

(a) The committee shall prepare a two-year port capital program defining the goals and objectives of the committee concerning the development of maritime port facilities and an intermodal transportation system. The port capital program must include projects or studies submitted to the committee by any maritime port and recommendations for:

(1) the construction of transportation facilities connecting any maritime port to another transportation mode; and

(2) the efficient, cost-effective development of transportation facilities or maritime port facilities for the purpose of:

(A) enhancing international trade;

(B) enhancing security;

(C) promoting cargo flow;

(D) increasing cruise passenger movements;

(E) increasing maritime port revenues; and

(F) providing economic benefits to the state.

(b) The committee shall update the port capital program and shall submit the capital program not later than December 1 of each even-numbered year to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives; and

(4) the commission.

Comments

Added by Acts 2001, 77th Leg., ch. 1268, Sec. 1, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1325, Sec. 18.07, eff. June 21, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 480 (H.B. 699), Sec. 6, eff. September 1, 2011.

Sec. 55.009: Rules

The commission shall adopt rules to implement this chapter.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 18.08, eff. June 21, 2003.

Chapter 56

Sec. 56.001: Definitions

In this chapter:

(1) "Commission" means the Texas Transportation Commission.

(2) "Fund" means the ship channel improvement revolving fund.

(3) "Navigation district" means a navigation district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, and operating under Chapter 60, 61, 62, or 63, Water Code.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 180 (S.B. 28), Sec. 4, eff. May 26, 2017.

Sec. 56.002: Ship Channel Improvement Revolving Fund

(a) The ship channel improvement revolving fund is an account in the general revenue fund. The fund is administered by the commission.

(b) The following money shall be credited to the fund:

(1) money the commission receives as a gift, grant, or donation for a purpose of this chapter;

(2) money appropriated to the commission for the purposes of this chapter;

(3) money received by the commission for the repayment of a loan made by the program established under Section 56.003; and

(4) interest earned on deposits and investments of the fund.

(c) Money in the fund may be appropriated only to the commission for the purposes of administering the fund and the program established under Section 56.003.

(d) The financial transactions of the fund are subject to audit by the state auditor.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 180 (S.B. 28), Sec. 4, eff. May 26, 2017.

Sec. 56.003: Revolving Loan Program

(a) The commission by rule shall establish a revolving loan program to use money from the fund to finance qualified projects for navigation districts.

(b) To be a qualified project, a project must:

(1) deepen or widen a ship channel;

(2) be authorized by the United States Congress; and

(3) meet any other standards provided by commission rule.

(c) A project for maintenance dredging is not a qualified project under this section.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 180 (S.B. 28), Sec. 4, eff. May 26, 2017.

Chapter 60

Sec. 60.001: Throwing Ballast

(a) A master or officer in charge of a vessel commits an offense if any part of the ballast of the vessel is thrown from the vessel into the sea within six miles of a bar or harbor in this state.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.

Comments

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 19.001(a), eff. Sept. 1, 2001.

Subtitle B

Chapter 61

Sec. 61.001: Short Title

This chapter may be cited as the Texas Compulsory Pilotage Act.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.002: Definitions

In this chapter:

(1) "Board" means the board of pilot commissioners for a port.

(2) "Consignee" means a person, including a master, owner, agent, subagent, firm, or corporation or any combination of those persons, who enters or clears a vessel at the office of the collector of customs.

(3) "Pilot" means a licensed state pilot or certified deputy pilot.

(4) "Pilot services" means acts of a pilot in piloting through navigable water in this state and ports in which the pilot is licensed or certified as a pilot.

(5) "Pilotage rate" means the remuneration a pilot may charge a vessel for the pilot's services.

(6) "Port" means a place in this state into which a vessel enters or from which a vessel departs. If the port connects to the Gulf of Mexico, "port" includes the waterway leading from the port to the Gulf of Mexico.

(7) "Vessel" means an oceangoing vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.003: Duty to Engage Pilot

(a) A consignee having control of a vessel shall obtain a pilot to provide pilot services when the vessel is under way or otherwise moving on a river, bay, harbor, or port in this state unless the vessel is:

(1) documented as a United States vessel and licensed for and engaged in coastwise trade;

(2) a public vessel;

(3) of 20 gross tons or less;

(4) a motorboat registered in this state; or

(5) subject to Subsection (b), in distress or jeopardy.

(b) A consignee having control of a vessel that is in distress or jeopardy shall take on a pilot as soon as the pilot arrives at the vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.004: Payment for Pilot

A consignee shall pay a pilot at the applicable pilotage rates.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.005: Pilot Optional

This chapter does not prohibit a consignee not required by Section 61.003 to engage a pilot from applying for, receiving, and paying for pilot services.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.006: Board Jurisdiction

A board has exclusive jurisdiction over piloting of vessels in this state between the Gulf of Mexico and the ports in the board's jurisdiction.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.007: Attorney General

The attorney general shall assist a board in the enforcement of this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.008: Liability to Pilot

(a) A person who pilots a vessel in violation of this chapter is liable for an amount equal to the applicable pilotage rate to the pilot who first demands the amount in writing.

(b) A pilot may bring an action to enforce this section in district court in the county in which the violation occurred.

(c) In an action under Subsection (b), the court shall add to the amount of any judgment in favor of a pilot court costs and reasonable attorney's fees incurred by the pilot in obtaining the judgment.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.009: Liability to Board

(a) A vessel or the owner of a vessel that is piloted in violation of this chapter is liable to a board for $5,000 for each violation.

(b) The board may bring an action to enforce this section in district court in the county in which the violation occurred.

(c) In an action under Subsection (b), the court shall add to the amount of any judgment in favor of the board court costs and reasonable attorney's fees incurred by the board in obtaining the judgment.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.010: Cooperation

A pilot providing pilot services shall, to the extent possible, cooperate with the master of the vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 61.011: Certain United States License Required; Offense

(a) A person may not act as a state-commissioned pilot of a vessel in any water in this state unless the person is licensed under Title 46, United States Code.

(b) A person commits an offense if the person violates this section. An offense under this section is a Class A misdemeanor.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 62

Subchapter A

Sec. 62.001: Definition

In this chapter, "navigation district" means a navigation district included in:

(1) Subchapters C, D, E, F, G, and H, Chapter 60, Water Code;

(2) Subchapter E, Chapter 61, Water Code; or

(3) Sections 62.154 through 62.159, Water Code.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 62.021: Pilot Board; Commissioners of Pilots

(a) The pilot board of a navigation district is composed of the district's navigation and canal commissioners.

(b) A member of the pilot board is a commissioner of pilots.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.022: Term of Office

The term of office of a commissioner of pilots coincides with the person's term as a navigation and canal commissioner.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.023: Disqualification

A person who is engaged directly or indirectly in a towing, pilot boat, or other business affected by or connected with the performance of the duties of a commissioner of pilots may not be a commissioner of pilots.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.024: Jurisdiction

The pilot board of a navigation district has exclusive jurisdiction over the pilotage of a vessel between the Gulf of Mexico and a port of the navigation district, including an intermediate stop or landing place on a navigable stream in the district.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.025: Powers of Pilot Boards

The pilot board of a navigation district may:

(1) appoint, suspend, or dismiss a branch or deputy pilot of a port in the district;

(2) establish pilotage rates for service in the board's jurisdiction; or

(3) adopt and enforce rules consistent with this chapter about the appointment, qualification, or regulation of branch or deputy pilots that are needed to govern those pilots and for the proper operation of the district's ports.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter C

Sec. 62.041: Branch Or Deputy Pilot Qualifications

(a) The pilot board of a navigation district shall examine and determine the qualifications of each applicant for the position of branch or deputy pilot before appointing a branch or deputy pilot.

(b) The pilot board shall specify a period that an applicant must reside in this state immediately before the person's appointment. The period may not exceed two years.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.042: Oath; Bond

(a) A branch pilot appointed under this chapter or the rules of the pilot board of a navigation district must take the official oath. The oath must be endorsed on the bond required by Subsection (b).

(b) The branch pilot must enter into a bond in the amount of $5,000 with one or more good and sufficient sureties. The bond must be:

(1) payable to the governor;

(2) conditioned on the faithful performance of the branch pilot's duties;

(3) approved by the pilot board; and

(4) deposited in the office of the secretary of state.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.043: Issuance of Branch Pilot License

(a) On the filing of the bond and the taking of the oath required by Section 62.042, a commissioner of pilots shall certify to the governor that the branch pilot has qualified.

(b) On receiving the certificate, the governor shall issue to the branch pilot, in the name of the state and under the state seal, a commission to serve as a branch pilot in the jurisdiction of the pilot board of a navigation district.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.044: Term of Branch Pilot License

(a) The term of a branch pilot commission is four years.

(b) If the pilot board of a navigation district dismisses a branch pilot from service, the branch pilot's commission expires.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.045: Appointment of Deputy Pilots

(a) A branch pilot may appoint two deputy pilots, subject to the examination by and approval of the pilot board of a navigation district.

(b) The branch pilot may appoint an additional deputy pilot if the pilot board considers the appointment advisable.

(c) The branch pilot is responsible for the acts of the deputy pilots.

(d) The branch pilot's own appointment under this chapter is forfeited if the branch pilot appoints a deputy pilot without the pilot board's approval.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.046: Suspension Or Dismissal of Pilots

The pilot board of a navigation district may suspend or dismiss a branch or deputy pilot only for misconduct, inefficiency, or intoxication on duty and after a hearing on the accusation is held before the pilot board at which there is opportunity for testimony and defense.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter D

Sec. 62.061: Definition

In this subchapter, "pilot" means a branch or deputy pilot appointed under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.062: Pilotage Charges Inapplicable

Pilotage charges under this subchapter do not apply to a vessel of 20 tons or less or to a vessel that is excepted by a federal statute or regulation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.063: Pilotage Charges

(a) A pilotage rate charged by a pilot must be fair and just.

(b) A pilot shall furnish a schedule of pilotage rates that must be on file at all times in the office of the navigation district commissioners.

(c) Each time a change in the rates occurs, the pilot must file a revised schedule.

(d) A pilot shall strictly follow the schedule of rates on file in the commissioners' office.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.064: Consignee Liability for Pilot Services

The consignee of a vessel is liable to a pilot for the pilotage of the vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.065: Liability of Certain Vessels Declining Pilot Services

(a) A vessel that, without the aid of a pilot, enters any channel that is under the jurisdiction of a pilot board of a navigation district and declines pilot services offered by the pilot outside the bar, is liable for the payment of half pilotage to the first pilot whose services the vessel declined.

(b) The consignee of a vessel is responsible for pilot services offered and declined under Subsection (a).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.066: Liability of Certain Vessels to Other Pilots

(a) A vessel that goes out of a channel under the jurisdiction of a pilot board of a navigation district without the aid of a pilot is liable for the payment of half pilotage to:

(1) the pilot who brought the vessel into the channel; or

(2) the pilot who first offered the vessel services outside the bar, if the vessel did not employ a pilot to come in.

(b) The consignee of a vessel is responsible for pilot services offered under Subsection (a).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.067: Unauthorized Pilot Liability

A person, other than a pilot, who pilots a vessel for which a pilot is required out of or into a port, channel, or waterway under the exclusive jurisdiction of the pilot board of a navigation district is liable to a pilot authorized to provide pilot services in the port, channel, or waterway who offers to pilot the vessel for a payment of $50.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 62.068: Recovery of Pilotage Charges

(a) A pilot may recover in court compensation for pilotage or services offered.

(b) A pilot may bring suit to recover the payment under Section 62.067.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 63

Subchapter A

Sec. 63.001: Governor to Appoint Boards

(a) The governor, with the consent of the senate, shall appoint a board of commissioners of pilots consisting of five persons of respectable standing for each port having a population and circumstances that warrant a pilot board.

(b) Each member of the board serves a term of two years.

(c) When the legislature is not in legislative session, the governor may:

(1) suspend any commissioner until the next legislative session; and

(2) fill any vacancy on the board until the next legislative session.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.002: Disqualification of Board Member

A pilot board member may not have a direct or indirect pecuniary interest in a pilot boat or branch pilot in the business of the board's trust.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.003: Powers and Duties of Board

(a) A pilot board shall:

(1) examine and determine the qualifications of each applicant for branch or deputy pilot;

(2) recommend meritorious applicants to the governor, if new appointments are proper;

(3) examine any cause of alleged or suspected misconduct or inefficiency in a branch or deputy pilot;

(4) keep a record of its proceedings;

(5) hear and determine all disputes that arise regarding pilots and pilotage;

(6) award to pilots compensation for injurious loss of time incurred in waiting on vessels or by being carried to sea on a vessel by default of the master or owner when the pilot might have been landed;

(7) award to pilots extra compensation for extra services to vessels in distress; and

(8) superintend and generally attend to all matters related to pilots and pilotage.

(b) A pilot board, after a hearing, may suspend a pilot for sufficient cause.

(c) A pilot board may examine and determine the qualifications of a branch or deputy pilot already appointed when the board is organized.

(d) A pilot board may restrict all deputy pilots from piloting over the bar vessels that have over a specified draught of water.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.004: Pilotage Rates and Rules

A pilot board may adopt:

(1) pilotage rates;

(2) rules regarding the stations and times that pilots are required to be on duty and provisions for leave of absence;

(3) rules regarding the class, condition, number, and use of pilot boats; and

(4) other minor rules necessary for the government of pilots or for board proceedings.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.005: Appeal of Board Decision

An appeal from any decision of a board may be taken to a court.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 63.021: Governor Authorizes Appointment

(a) For a port having a population and circumstances that do not warrant the appointment of a pilot board in this chapter the governor may authorize the county judge of the county to appoint a provisional pilot committee of not less than three and not more than five persons of good character and maritime experience.

(b) In accordance with this chapter, the committee may:

(1) adopt rates of pilotage and rules for governing pilots;

(2) examine the qualifications of pilots and pilot applicants; and

(3) investigate any case of a pilot charged with misconduct or inefficiency and suspend that pilot if sufficient cause is found.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter C

Sec. 63.041: Appointment of Branch Pilots

(a) The governor shall appoint at each port for which a pilot board or provisional pilot committee is established the number of branch pilots necessary from time to time.

(b) A branch pilot serves a term of four years.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.042: Appointment of Deputy Pilots

(a) Each branch pilot may appoint two deputies, subject to examination and approval by the board.

(b) A branch pilot is responsible for the actions of the pilot's deputy pilots.

(c) A branch pilot who appoints a deputy pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.043: Oath; Bond

(a) Each branch pilot shall give a bond, payable to the governor, with two or more sufficient sureties.

(b) The bond must:

(1) be in the amount of $5,000;

(2) be conditioned on the faithful performance of the pilot's duties;

(3) be approved by the board for the port or, if there is not a board for the port, by the county judge of the county in which the port is located; and

(4) be sent to the governor.

(c) A pilot shall take and sign the official oath. The oath shall be endorsed on the bond.

(d) Before the bond is sent to the governor, the bond and oath shall be recorded in the office of the county clerk of the county in which the port is located.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.044: Residence; Probationary Term

(a) The board shall specify a term that a person must reside in this state to qualify the person to become a branch pilot for the ports or bays in the board's jurisdiction. The term may not exceed two years.

(b) The board shall establish a term of probation that a person must serve as a deputy pilot before the person may exercise the functions of a branch pilot. The term may not exceed one year.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.045: Malfeasance; Penalties

(a) On proof that a branch or deputy pilot took charge of a vessel while intoxicated, the branch or deputy pilot shall:

(1) for the first offense, be suspended for one month; and

(2) for the second offense, be dismissed and rendered incapable of serving as either a branch or deputy pilot.

(b) A branch or deputy pilot who wilfully or negligently causes the wreck of a vessel shall be dismissed and disqualified from again serving as either a branch or deputy pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.046: Suspended Pilot

A suspended pilot may not exercise the duties of the pilot's office.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 63.047: Removal Or Reinstatement of Pilot

The governor may:

(1) remove a branch pilot; or

(2) reinstate a branch pilot who has been suspended by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 64

Sec. 64.001: Definition

In this chapter, "consignee" includes:

(1) the master;

(2) the owner;

(3) the agent;

(4) the subagent; and

(5) a person who enters or clears a vessel of the collector of customs.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 64.002: Pilotage Rate

The rate of pilotage that may be adopted under Sections 63.004 and 63.021 on a class of vessel may not, in a port of this state, exceed $6.50 for each foot of water that the vessel draws when piloted. This section does not apply to the rate of pilotage established under:

(1) Section 69.001 for:

(A) the public ports of Orange, Port Arthur, and Beaumont; and

(B) privately owned docks or terminals in Orange County or Jefferson County;

(2) Chapter 62; or

(3) Chapters 66-68.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 64.003: Pilotage Liability

(a) A vessel that declines pilot services offered outside the bar and enters the port without the aid of a pilot is liable to the first pilot whose services the vessel declined for half pilotage.

(b) A vessel that, after being brought into port by a pilot, leaves port without employing a pilot is liable to the pilot who brought the vessel into port for the payment of half pilotage.

(c) A vessel that declines pilot services offered outside the bar, comes into port without the aid of a pilot, and leaves port without employing a pilot is liable to the pilot who first offered the pilot's services for the payment of half pilotage.

(d) A vessel that is not offered pilot services outside the bar and both enters and leaves the port without a pilot is not liable for the payment of half pilotage.

(e) At a port where vessels receive or discharge cargo at an anchorage outside the bar, a vessel:

(1) is liable for the payment of pilotage to the anchorage at the rate provided by Section 64.002; and

(2) is not liable for the payment of pilotage from the anchorage to the open sea.

(f) A vessel bound from the open sea to an anchorage outside the bar that, while under way, declines an offer of pilot services and afterward receives or discharges cargo at the anchorage is liable to the first pilot whose services the vessel declined for the payment of half pilotage to the anchorage at the rate provided by Section 64.002 but is not liable for pilotage from the anchorage to the open sea.

(g) The consignee of a vessel is responsible for the pilotage of the vessel. The liability of each consignee is joint and several.

(h) A pilot who takes charge of a vessel 20 miles outside the bar and brings the vessel to the bar is entitled to one-fourth pilotage for offshore service, in addition to what the pilot is entitled to recover for bringing the vessel in. If the vessel declines offshore service, the pilot is not entitled to offshore-service compensation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 64.004: Suit to Recover Pilot Fees

A pilot who serves or offers to serve a vessel may bring suit to recover pilot fees from a consignee.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 64.005: Exemptions from Pilotage Charges

Except for actual service provided, a vessel of 20 tons or less is exempt from a charge for pilotage.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 64.006: Unauthorized Pilot; Liability

(a) In addition to any other applicable remedy provided by law, a person who has not been appointed to be a branch or deputy pilot and who pilots a vessel out of or into a port after a branch or deputy pilot who is licensed to provide pilot services for the port offers to do so is liable to pay $50 to the branch or deputy pilot.

(b) The branch or deputy pilot may bring suit to recover the money.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 65

Sec. 65.001: Pilots for Matagorda and Lavaca Bays

(a) The governor shall appoint at least two and not more than four competent pilots for Matagorda and Lavaca bays, from Pass Cavallo to Indianola and Lavaca.

(b) The term of office, method of qualification, powers, and privileges of a pilot appointed under this section are the same as those of a branch pilot, to the extent applicable.

(c) The county judge of Calhoun County must approve the bond of a pilot appointed under this section.

(d) Except to the extent that the rate of pilotage is set under other applicable law, the rate of pilotage for the bays is $2.50 for each foot of water the vessel may draw when piloted.

(e) A vessel that may draw five feet or more is liable to pay one-half the pilotage prescribed by Subsection (d) to a licensed pilot for the bays whose services are tendered and declined.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 65.002: Provisions for Branch Pilots Applicable

The provisions of Chapter 62 relating to branch pilots at ports, to the extent applicable, apply to pilots appointed under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 65.003: Liability of Persons Other Than Licensed Pilots Or Deputies for Pilotage

(a) A person who is not a licensed pilot or deputy who pilots a vessel up or down the channel of Matagorda or Lavaca Bay is liable to a pilot who is licensed or commissioned for the bays for full pilotage for the vessel.

(b) A pilot may bring suit to recover pilotage under this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 66

Subchapter A

Sec. 66.001: Short Title

This chapter may be cited as the Houston Pilots Licensing and Regulatory Act.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.002: Definitions

In this chapter:

(1) "Board" means the board of pilot commissioners for Harris County ports.

(2) "Consignee" means a person, including a master, owner, agent, subagent, firm, or corporation or any combination of those persons, who enters or clears a vessel at the office of the collector of customs.

(3) "Harris County port" means a place in Harris County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico.

(4) "Pilot" means a person who is licensed as a branch pilot or certified as a deputy branch pilot under this chapter.

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for pilot services.

(6) "Pilot services" means acts of a pilot in conducting a vessel through the navigable water in this state and the ports in which the pilot is licensed or certified as a pilot.

(7) "Vessel" means an oceangoing, self-propelled vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.003: Applicability of Chapter

This chapter applies only to a Harris County port.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 66.011: Board

The board of pilot commissioners for the ports of Harris County is composed of the port commissioners of the Port of Houston Authority of Harris County, Texas.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.012: Prohibited Interest

A person may not be a member of the board if the person, directly or indirectly, is engaged in or has an interest in any pilot boat or in any other business affected by or connected with the performance of the person's duties as a pilot commissioner.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.013: Oath

Before beginning service as a board member, each board member must take and sign, before a person authorized to administer oaths, an oath to faithfully and impartially discharge the duties of the office.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.014: Term of Office

A board member serves a term of office that coincides with the member's term as a port commissioner.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.015: Jurisdiction

The board has exclusive jurisdiction over the piloting of vessels in Harris County ports, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.016: Administration; Rules

(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter.

(b) The board may adopt rules to carry out this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.017: Duties

The board shall:

(1) establish the number of pilots necessary to provide adequate pilot services for each Harris County port;

(2) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot;

(3) submit to the governor lists of applicants the board finds to be qualified for appointment as pilots;

(4) establish pilotage rates;

(5) approve the locations for pilot stations;

(6) establish times during which pilot services will be available;

(7) hear and determine complaints relating to the conduct of pilots;

(8) recommend to the governor each pilot whose license or certificate should not be renewed or should be revoked;

(9) adopt rules and issue orders to pilots or vessels when necessary to secure efficient pilot services;

(10) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter; and

(11) provide penalties to be imposed on a person who is not a pilot for a Harris County port who pilots a vessel into or out of the port if a pilot offered those services to the vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.018: Unfair Discrimination Prohibited

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, religion, sex, ethnic origin, or national origin.

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Harris County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.019: Open Meetings Law

Chapter 551, Government Code, applies to actions and proceedings under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.020: Rule Or Rate Change

(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage rate.

(b) The board shall post the notice and a copy of the proposed rule or change at the board office for public inspection.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.021: Contested Case Notice

The board shall post in the board office for public inspection a notice that includes the same information as the notice given to the parties in each contested case.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.022: Judicial Review

Proceedings for judicial review of a board decision shall be brought in a district court in Harris County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter C

Sec. 66.031: License Or Certificate Required

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Harris County ports in which the pilot services are to be provided.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.032: Exemptions

The requirement to use a pilot does not apply to:

(1) a vessel sailing under enrollment, or licensed or engaged in the coasting trade between Texas ports or between any Texas port and any other port of the United States; or

(2) a vessel exempt under federal law from payment of state pilotage rates.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.033: Qualifications for License

To be eligible for a license as a branch pilot, a person must:

(1) be at least 25 years of age and less than 68 years of age;

(2) be a United States citizen;

(3) as of the date the license is issued, have resided continuously in this state for at least one year;

(4) be licensed under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services;

(5) have at least three years' service as a deputy branch pilot or equivalent service piloting vessels of at least 5,000 gross tons within the board's jurisdiction;

(6) have commanded or controlled the navigation of vessels such as the person would pilot;

(7) have extensive experience in the docking and undocking of vessels;

(8) be in good mental and physical health;

(9) have good moral character; and

(10) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 1, eff. Sept. 1, 1997.

Sec. 66.034: Qualifications for Certificate

To be eligible for a certificate as a deputy branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) hold a license under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services;

(4) be in good mental and physical health;

(5) have good moral character; and

(6) possess the requisite skill to perform competently and safely the duties of a deputy branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.035: Application for License Or Certificate

To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give to the board a written application in the form and manner required by board rule.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.036: Consideration of Application

(a) The board shall carefully consider each application and shall conduct any investigation it considers necessary to determine whether an applicant is qualified for a license or certificate.

(b) As part of its consideration of applications for licenses and certificates, the board may develop and administer examinations to determine an applicant's knowledge of piloting, management of vessels, and the water in the board's jurisdiction.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.037: Branch Pilot Appointment By Governor

(a) On filing of the bond and oath required by Section 66.039, the board shall certify to the governor that a person licensed as a branch pilot has qualified.

(b) On receipt of the board's certification, the governor shall issue to the person, in the name of the state and under the state seal, a commission to serve as a branch pilot to and from Harris County ports.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.038: Deputy Branch Pilot Appointment By Branch Pilot

(a) Each branch pilot may appoint, subject to examination and approval by the board, two deputy branch pilots for whose acts the branch pilot is responsible.

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable.

(c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.039: Oath; Bond

(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the bond required by Subsection (b).

(b) Each pilot must execute a $25,000 bond payable to the governor and conditioned on compliance with the laws, rules, and orders relating to pilots and on the faithful performance of the pilot's duties.

(c) Each bond must be approved by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.040: Terms of Licenses and Certificates

(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed, provided that no pilot may furnish pilot services under authority of a license after the pilot's 68th birthday.

(b) A deputy branch pilot's certificate expires on the third anniversary of the date it is issued and may not be renewed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 1, eff. Sept. 1, 1997.

Sec. 66.041: Branch Pilot's License Renewal

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal.

(b) If a pilot applies in writing and qualifies, the board shall recommend renewal unless the board determines there is probable cause not to renew the license.

(c) Probable cause not to renew a license exists if the board finds that the license holder:

(1) does not possess a qualification required by this chapter for pilots; or

(2) has a disability that will affect the license holder's ability to serve as a pilot.

(d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder of that determination not later than the 60th day before the date the license expires. On request, the board shall provide a hearing after proper notice to consider whether the board has cause not to recommend renewal of the license.

(e) If the board finds at the conclusion of the hearing that the board lacks probable cause for nonrenewal of the license, the board shall recommend that the governor renew the license.

(f) The board shall issue a written order recommending that the governor not renew a license and the governor may not renew the license if:

(1) the pilot does not contest the board's decision not to renew the license; or

(2) the board after a hearing finds that it has probable cause not to renew the license.

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.042: Deputy Branch Pilot

A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.043: Suspension Or Revocation of Branch Pilot's License

(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than six months or recommend that the governor revoke a branch pilot's license if the board finds that the pilot has:

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter;

(2) used narcotics or other types of drugs, chemicals, or controlled substances as defined by law that impair the pilot's ability to perform the pilot's duties skillfully and efficiently;

(3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently;

(4) violated a provision of this chapter or rules adopted by the board under this chapter;

(5) made a material misstatement in the application for a license;

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation;

(7) intentionally failed to comply with an order of the board;

(8) charged a pilotage rate other than that approved by the board;

(9) intentionally refused to pilot or neglected to board promptly a vessel when requested to do so by the master or person responsible for navigation of the vessel except when, in the judgment of the pilot, movement of the vessel constitutes a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services;

(10) intentionally caused damage to a vessel;

(11) been absent from duty in violation of board rules and without authorization;

(12) aided or abetted another pilot in failing to perform the other pilot's duties; or

(13) been guilty of carelessness, neglect of duty, intentional unavailability for performance of duties, refusal to perform duties, misconduct, or incompetence while on duty.

(b) If the federal pilot's license of a pilot licensed under this chapter is suspended or revoked, the board, on a finding that it has good cause, shall suspend the license for the same period or revoke the license under this chapter.

(c) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and:

(1) suspends the license for a stated period; or

(2) recommends to the governor revocation of the license.

(d) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license.

(e) A suspension of a license takes effect on adoption of the board's order. A revocation of a branch pilot's license takes effect on issuance of the governor's decision.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.044: Suspension Or Revocation of Deputy Branch Pilot's Certificate

A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the revocation or suspension of a branch pilot's license by Section 66.043.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.045: Liability to Pilot

(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are liable to a pilot, on written demand, for the amount of the applicable pilotage rate.

(b) In an action to recover compensation under Subsection (a), the court may include in a judgment in favor of a pilot an award of court costs and reasonable attorney's fees.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter D

Sec. 66.061: Pilotage Rate Change

The board may not change pilotage rates before the first anniversary of the preceding rate change.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.062: Pilotage Rate Change Application

(a) An application for a change in pilotage rates may be submitted to the board by:

(1) a pilot;

(2) an association of pilots;

(3) a consignee liable under Section 66.070 to pay pilotage rates; or

(4) an association of consignees.

(b) The application must be written and must state specifically the changes requested.

(c) The board shall set a hearing date within two weeks of receipt of an application. The board shall hold the hearing not earlier than the 20th day and not later than the 40th day after the date the board sets the hearing date.

(d) An applicant shall give notice of the application and the hearing date, by certified mail to the last known address, to:

(1) all pilots licensed or certified in the port;

(2) all known pilots' associations; and

(3) all steamship agencies and associations in the port.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.063: Pilot Financial Report

(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve the port for which the rates are being considered shall submit in writing to the board and to any party designated by the board complete accounts of:

(1) all amounts received from performing pilot services, organized by categories or classifications of rates, if rates are set in that manner;

(2) all earnings from capital assets devoted to providing pilot services;

(3) all expenses incurred in connection with activities for which amounts described by Subdivisions (1) and (2) were received and earned; and

(4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates.

(b) The pilots shall provide the information for:

(1) the calendar or fiscal year preceding the date of the pilotage rate change application; and

(2) the subsequent period to within 60 days of the date of the application.

(c) The board may require an independent audit of financial information submitted under Subsection (a) by an accountant selected by the board. The board, as it considers fair and just, shall assess the costs of the audit against one or more of the applicants and objecting parties.

(d) The board may require relevant additional information it considers necessary to determine a proper pilotage rate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.064: Factors for Board Consideration

In establishing pilotage rates, the board shall consider factors relevant to determining reasonable and just pilotage rates, including:

(1) characteristics of vessels to be piloted;

(2) the average number of hours spent by a pilot performing:

(A) pilot services on board vessels; and

(B) all pilot services;

(3) costs to pilots to provide the required pilot services;

(4) the public interest in maintaining safe, efficient, and reliable pilot services;

(5) the average wages of masters of United States flag vessels that navigate in the board's jurisdiction and for which the pilotage rate is to be established;

(6) economic factors affecting the shipping industry in the area in which the port is located; and

(7) an adequate and reasonable compensation for the pilots and a fair return on the equipment and vessels that the pilots employ in connection with their duties.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.065: Rate Decision

Not later than the 10th day after the date of the completion of a hearing on an application for a change in pilotage rates, the board shall issue a written decision that:

(1) grants or denies the application in whole or in part;

(2) states the reasons for the decision; and

(3) states each new pilotage rate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.066: Costs

The board, in a final order under this subchapter, may charge all or part of the costs of processing an application to the parties in the proceedings.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.067: Appeal of Board Decision

Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.068: Emergency Pilotage Rates

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that:

(1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and

(2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures.

(b) In adopting emergency pilotage rates, the board is not required to comply with the procedures in this chapter or in its rules relating to adoption of pilotage rates.

(c) Emergency pilotage rates may not be appealed.

(d) The board shall adopt rules to carry out this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.069: Pilot Services Required

The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.070: Pilotage Rate Liability

(a) A consignee who declines the services of a pilot offered outside the bar and enters the port without the aid of a pilot is liable for the payment of pilotage to the first pilot whose services were declined.

(b) A consignee is liable for the payment of pilotage to the pilot who brings a vessel in if the vessel goes out without employing a pilot.

(c) A consignee is liable for the payment of pilotage for a vessel that goes out without the aid of a pilot and that came in without the aid of a pilot to the pilot who first offered services before the vessel came in.

(d) A consignee is not liable for the payment of pilotage for a vessel going out without a pilot if the vessel came in without the aid of a pilot or came in without the offer of a pilot outside.

(e) Subsections (a)-(d) do not apply to a consignee exempt under this chapter from payment of pilotage rates.

(f) A pilot who charges a rate for pilot services different from the pilotage rates established under this chapter for the port in which the pilot serves is liable to each person who was charged the different rate for double the amount of pilotage.

(g) A court may include in a judgment in favor of a person who files suit to collect an amount owed under this chapter an award to cover court costs and reasonable attorney's fees.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.071: Recovery of Compensation

A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the services.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter E

Sec. 66.081: Purpose

The purpose of this subchapter is to:

(1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by limiting and regulating the liability of pilots; and

(2) maintain pilotage fees at reasonable amounts.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.082: Pilot Liability

A pilot is not liable directly or as a member of an organization of pilots for any claim that:

(1) arises from an act or omission of another pilot or organization of pilots; and

(2) relates directly or indirectly to pilot services.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 66.083: Pilot Liability Limited

(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or neglect in the performance of the pilot services, except as provided by Subsection (b).

(b) Subsection (a) does not apply to:

(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot;

(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or

(3) an act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of pilots.

(c) This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:

(1) the vessel was piloted by a pilot; or

(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot.

(d) In an action brought against a pilot for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the pilot to the extent the pleadings allege pilot liability that exceeds $1,000.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 67

Subchapter A

Sec. 67.001: Short Title

This chapter may be cited as the Galveston County Pilots Licensing and Regulatory Act.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.002: Definitions

In this chapter:

(1) "Board" means the board of pilot commissioners for Galveston County ports.

(2) "Consignee" means a person, including a master, owner, agent, subagent, firm, or corporation or any combination of those persons, who enters or clears a vessel at the office of the collector of customs.

(3) "Galveston County port" means a place in Galveston County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico.

(4) "Pilot" means a person who is licensed as a branch pilot or certified as a deputy branch pilot under this chapter.

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for pilot services.

(6) "Pilot services" means acts of a pilot in conducting a vessel through the navigable water in this state and the ports in which the pilot is licensed or certified as a pilot.

(7) "Vessel" means an oceangoing vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.003: Applicability of Chapter

(a) This chapter applies only to a Galveston County port.

(b) This chapter does not affect the existing laws for ports in other counties, and those laws do not apply to ports located in Galveston County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 67.011: Board

The board of pilot commissioners for the ports of Galveston County is composed of five commissioners from Galveston County appointed by the governor with the advice and consent of the senate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.012: Prohibited Interest

A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in any business affected by or connected with the performance of the person's duties as a pilot commissioner.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.013: Oath

Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully and impartially discharge the duties of the office.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.014: Term of Office

(a) Board members serve staggered four-year terms of office.

(b) A member holds office until the member's successor is appointed and qualified.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.015: Jurisdiction

The board has exclusive jurisdiction over the piloting of vessels in Galveston County, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.016: Administration; Rules

(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter.

(b) The board may adopt rules to carry out this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.017: Duties

The board shall:

(1) recommend to the governor the number of pilots necessary to provide adequate pilot services for each Galveston County port;

(2) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot;

(3) provide names of all qualified applicants for certificates to each pilot association office of Galveston County;

(4) submit to the governor the names of persons who have qualified under this chapter to be appointed as branch pilots;

(5) establish pilotage rates;

(6) approve any changes of the locations for pilot stations;

(7) establish times during which pilot services will be available;

(8) hear and determine complaints relating to the conduct of pilots;

(9) make recommendations to the governor concerning any pilot whose license or certificate should not be renewed or should be revoked;

(10) adopt rules and issue orders to pilots and vessels when necessary to secure efficient pilot services;

(11) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter;

(12) provide penalties to be imposed on a person who is not a pilot for a Galveston County port and who pilots a vessel into or out of the port; and

(13) approve a training program for deputy branch pilots.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.018: Pilot Review Board

The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Galveston County, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.019: Unfair Discrimination Prohibited

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, religion, sex, ethnic origin, or national origin.

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Galveston County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.020: Open Meetings Law

Chapter 551, Government Code, applies to actions and proceedings under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.021: Rule Or Rate Change

(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage rate.

(b) The board shall mail the notice and a copy of the proposed rule or change by registered mail to:

(1) each pilot association office for Galveston County; and

(2) all known consignees and all known associations of consignees operating in Galveston County.

(c) The board shall post a copy of the proposed rule or change at the county courthouse for public inspection.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.022: Judicial Review

Proceedings for judicial review of a board decision shall be brought in a district court in Galveston County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter C

Sec. 67.031: License Or Certificate Required

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Galveston County ports in which the pilot services are to be provided.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.032: Exemption

The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.033: Qualifications for License

To be eligible for a license as a branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) as of the date the license is issued, have resided continuously in this state for at least two years;

(4) have at least two years' service as a deputy branch pilot and successfully complete the board-approved training program;

(5) have controlled the navigation of vessels such as the person would pilot;

(6) have extensive experience in the docking and undocking of vessels;

(7) be in good mental and physical health;

(8) have good moral character; and

(9) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.034: Qualifications for Certificate

To be eligible for a certificate as a deputy branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) be appointed by a branch pilot;

(4) be in good mental and physical health;

(5) have good moral character; and

(6) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a deputy branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.035: Application for License Or Certificate

To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give to the board a written application in the form and manner required by board rule.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.036: Consideration of Application

As part of its consideration of applications for licenses and certificates, the board may examine and decide on the qualifications of an applicant for the position of branch pilot or deputy branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.037: Branch Pilot Appointment By Governor

(a) On filing of the bond and oath required by Section 67.039, the board shall certify to the governor that a person licensed as a branch pilot has qualified.

(b) On receipt of the board's certification, the governor shall issue to the person, in the name of the state and under the state seal, a commission to serve as a branch pilot to and from Galveston County ports.

(c) The governor shall appoint the number of branch pilots necessary to provide adequate pilot services for each Galveston County port.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.038: Deputy Branch Pilot Appointment By Branch Pilot

(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots.

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable.

(c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.039: Oath; Bond

(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the bond required by Subsection (b).

(b) Each pilot must execute a $25,000 bond payable to the governor and conditioned on compliance with the laws, rules, and orders relating to pilots and on the faithful performance of the pilot's duties.

(c) Each bond must be approved by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.040: Terms of Licenses and Certificates

(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed.

(b) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.041: Branch Pilot's License Renewal

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal.

(b) If a pilot applies in writing and qualifies, the board shall recommend renewal unless the board determines there is probable cause not to renew the license.

(c) Probable cause not to renew a license exists if the board finds that the license holder:

(1) does not possess a qualification required by this chapter for pilots; or

(2) has a disability that will affect the license holder's ability to serve as a pilot.

(d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder not later than the 60th day before the date the license expires. On request, the board shall provide a hearing after proper notice to consider whether the board has cause not to recommend renewal of the license.

(e) If the board finds at the conclusion of the hearing that the board lacks probable cause for nonrenewal of the license, the board shall recommend that the governor renew the license.

(f) The board shall issue a written order recommending that the governor not renew a license and the governor may not renew the license if:

(1) the pilot does not contest the board's decision not to renew the license; or

(2) the board after a hearing finds that it has probable cause not to renew the license.

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.042: Deputy Branch Pilot

A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.043: Suspension Or Revocation of Branch Pilot's License

(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than six months or recommend that the governor revoke a branch pilot's license if the board finds that the pilot has:

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter;

(2) used narcotics or other types of drugs, chemicals, or controlled substances as defined by law that impair the pilot's ability to perform the pilot's duties skillfully and efficiently;

(3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently;

(4) violated a provision of this chapter or rules adopted by the board under this chapter that were material to the performance of the pilot's duties at the time of the violation;

(5) made a material misstatement in the application for a license;

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation;

(7) charged a pilotage rate other than that approved by the board;

(8) intentionally refused to pilot a vessel when requested to do so by the master or person responsible for navigation of the vessel except when, in the judgment of the pilot, movement of the vessel would have constituted a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services;

(9) been absent from duty in violation of board rules and without authorization;

(10) aided or abetted another pilot in failing to perform the other pilot's duties; or

(11) been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty.

(b) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and:

(1) suspends the license for a stated period; or

(2) recommends to the governor revocation of the license.

(c) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license. If the board's order is appealed, the governor may not revoke the license until the order is upheld on appeal.

(d) A suspension of a license on the recommendation of a pilot review board takes effect on adoption of the board's order. A revocation of a branch pilot's license takes effect on issuance of the governor's decision.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.044: Suspension Or Revocation of Deputy Branch Pilot's Certificate

A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 67.043.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.045: Liability to Pilot

(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are liable to a pilot, on written demand, for the amount of the applicable pilotage rate.

(b) In an action to recover compensation under Subsection (a), the court may include in a judgment in favor of a pilot an award of court costs and reasonable attorney's fees.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter D

Sec. 67.061: Pilotage Rate Change

The board may not change pilotage rates before the first anniversary of the preceding rate change.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.062: Pilotage Rate Change Application

(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by:

(1) one or more pilots; or

(2) the owner, agent, or consignee of a vessel navigating to or from a Galveston County port.

(b) The application must contain:

(1) a brief statement of the circumstances that warrant the change; and

(2) a certification that the applicant has submitted copies of the application to all known pilots, consignees, and associations of consignees operating in Galveston County at the time of the application.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.063: Objection; Hearing

(a) If, not later than the 20th day after the date notice is sent, a commissioner receives a written objection to the application from any person who appears to have a legitimate interest in the application, the board shall hold a hearing as provided by this section.

(b) The board shall hold the hearing not later than the 20th day after the date the 20-day period provided by Subsection (a) expires.

(c) The board shall give notice of the hearing to:

(1) each applicant;

(2) each person objecting to the application; and

(3) any other person the board determines is interested in the proceedings.

(d) The hearing shall be open to the public and held at a convenient public place in one of the ports that would be affected by the change. Each party who demonstrates a legitimate interest in the application is entitled to be heard, to present evidence, and, to the extent the board considers practical, to cross-examine testifying witnesses.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.064: Board Action on Application

(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 67.063(a), the board shall act on the application without further proceedings.

(b) If a hearing is held as provided by Section 67.063, the board shall grant, deny, or modify the application after receipt of the evidence offered by the parties and arguments and briefs requested by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.065: Pilot Financial Report

(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve the port for which the rates are being considered shall submit in writing to the board and to any party designated by the board complete accounts of:

(1) all amounts received from performing pilot services, organized by categories or classifications of rates, if rates are set in that manner;

(2) all earnings from capital assets devoted to providing pilot services;

(3) all expenses incurred in connection with activities for which amounts described by Subdivisions (1) and (2) were received and earned; and

(4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates.

(b) The pilots shall provide the information for:

(1) the calendar or fiscal year preceding the date of the pilotage rate change application; and

(2) the subsequent period to within 60 days of the date of the application.

(c) The board may require relevant additional information it considers necessary to determine a proper pilotage rate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.066: Factors for Board Consideration

In acting on a pilotage rate change application, the board shall consider:

(1) characteristics of vessels to be piloted;

(2) the average number of hours spent by a pilot in performing pilot services;

(3) costs to pilots to provide the required pilot services;

(4) the effect, including economic factors affecting the shipping industry in the area, that the granting, refusal, or modification of the application would have on Galveston County ports and the persons residing in the board's jurisdiction;

(5) an adequate and reasonable compensation for the pilots and a fair return on the equipment and vessels that the pilots employ in connection with pilot duties; and

(6) the relationship between the pilotage rates in Galveston County ports and the rates applicable in other ports of this state and in competitive ports in other states.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.067: Board Action

(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as provided by Subsection (b).

(b) Any party aggrieved by the board's order may, after exhausting all administrative remedies, appeal the order to a court.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.068: Reporting and Stenographic Costs

(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a hearing against one or more of the applicants and objecting parties.

(b) The board may require that an applicant or objecting party deposit an amount against those costs as a condition of presenting an application or objection.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.069: Order Filed

(a) The board shall file a copy of its order with the county clerk.

(b) The board shall file the order not later than the 20th day after:

(1) the closing date of a hearing held as provided by Section 67.063(b); or

(2) if the hearing is not held, the expiration of the period provided by Section 67.063(a).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.070: Emergency Pilotage Rates

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that:

(1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and

(2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures.

(b) In adopting emergency pilotage rates, the board is not required to comply with the procedures in this chapter or in its rules relating to adoption of pilotage rates.

(c) Emergency pilotage rates may not be appealed.

(d) The board shall adopt rules to carry out this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.071: Pilot Services Required

The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.072: Pilotage Rate Liability

(a) A pilot who charges a pilotage rate for pilot services different from the pilotage rates established under this chapter for the port in which the pilot serves is liable to each person who was charged the different rate for double the amount of pilotage.

(b) A court may include in a judgment in favor of a person who files suit to collect an amount owed under this chapter an award to cover court costs and reasonable attorney's fees.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.073: Recovery of Compensation

A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the service.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter E

Sec. 67.081: Purpose

The purpose of this subchapter is to:

(1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by limiting and regulating the liability of pilots; and

(2) maintain pilotage fees at reasonable amounts.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.082: Pilot Liability

A pilot is not liable directly or as a member of an organization of pilots for a claim that:

(1) arises from an act or omission of another pilot or organization of pilots; and

(2) relates directly or indirectly to pilot services.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 67.083: Pilot Liability Limited

(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or neglect in the performance of the pilot services, except as provided by Subsection (b).

(b) Subsection (a) does not apply to:

(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot;

(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or

(3) an act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of pilots.

(c) This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:

(1) the vessel was piloted by a pilot; or

(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot.

(d) In an action brought against a pilot for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the pilot to the extent the pleadings allege pilot liability that exceeds $1,000.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 68

Subchapter A

Sec. 68.001: Short Title

This chapter may be cited as the Brazoria County Pilots Licensing and Regulatory Act.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.002: Definitions

In this chapter:

(1) "Board" means the board of pilot commissioners for Brazoria County ports.

(2) "Brazoria County port" means a place in Brazoria County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico.

(3) "Consignee" means a person, including a master, owner, agent, subagent, firm, or corporation or any combination of those persons, who enters or clears a vessel at the office of the collector of customs.

(4) "Pilot" means a person who is licensed and commissioned as a branch pilot or certified as a deputy branch pilot under this chapter.

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for the pilot's services.

(6) "Pilot services" means acts of a pilot in conducting a vessel through the navigable water in this state and the ports in which the pilot is licensed or certified as a pilot.

(7) "Vessel" means an oceangoing vessel.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.003: Applicability of Chapter

(a) This chapter applies only to a Brazoria County port.

(b) This chapter does not affect laws relating to a port in another county and those laws do not apply to a Brazoria County port.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.004: Venue

A suit to enforce a claim, right, or cause of action provided by this chapter shall be brought in Brazoria County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter B

Sec. 68.011: Board

The board of pilot commissioners for the ports of Brazoria County is composed of the navigation and canal commissioners of the Brazos River Harbor Navigation District of Brazoria County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.012: Prohibited Interest

A person may not be a member of the board if the person, directly or indirectly, is engaged in or has any interest in a pilot boat business, towing business, or other business affected by or connected with the performance of the person's duties as a pilot commissioner.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.013: Oath

Before beginning service as a board member, each board member must take and sign, before a person authorized to administer oaths, an oath to faithfully and impartially discharge the duties of the office.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.014: Term of Office

A board member serves a term of office that coincides with the member's term as a navigation and canal commissioner.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.015: Jurisdiction

The board has exclusive jurisdiction over the piloting of vessels in Brazoria County ports, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.016: Administration; Rules

(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter.

(b) The board may adopt rules to carry out this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.017: Duties

The board shall:

(1) recommend to the governor the number of pilots necessary to provide adequate pilot services for each Brazoria County port;

(2) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot;

(3) provide the names of all qualified applicants for certificates to the Brazos Pilots Association;

(4) submit to the governor the names of persons who have qualified under this chapter to be commissioned as branch pilots;

(5) establish pilotage rates;

(6) approve the locations for pilot stations;

(7) establish times during which pilot services will be available;

(8) hear and determine complaints relating to the conduct of pilots;

(9) recommend to the governor each pilot whose license or certificate should not be renewed or should be revoked;

(10) adopt rules and issue orders to pilots or vessels when necessary to secure efficient pilot services;

(11) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter;

(12) provide penalties to be imposed on a person who is not a pilot for a Brazoria County port who pilots a vessel into or out of the port; and

(13) approve a training program for deputy branch pilots.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.018: Pilot Review Board

The board shall establish a pilot review board, consisting of two branch pilots and three members of the marine industry who reside in Brazoria County, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.019: Unfair Discrimination Prohibited

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or applicant because of race, religion, sex, ethnic origin, or national origin.

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Brazoria County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.020: Open Meetings Law

Chapter 551, Government Code, applies to actions and proceedings under this chapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.021: Rule Or Rate Change

(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage rate.

(b) The board shall mail the notice and a copy of the proposed rule or change by registered mail to:

(1) each Brazos Pilots Association office; and

(2) all known consignees and all known associations of consignees operating in Brazoria County.

(c) The board shall post a copy of the proposed rule or change at the county courthouse for public inspection.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.022: Judicial Review

Proceedings for judicial review of a board decision shall be brought in a district court in Brazoria County.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter C

Sec. 68.031: License Or Certificate Required

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Brazoria County ports in which the pilot services are to be provided.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.032: Exemption

The requirement to use a pilot does not apply to a vessel exempt under federal law from payment of state pilotage rates.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.033: Qualifications for License

To be eligible for a license as a branch pilot, a person must:

(1) be at least 25 years of age and less than 68 years of age;

(2) be a United States citizen;

(3) as of the date the license is issued, have resided continuously in this state for at least two years;

(4) have at least two years' service as a deputy branch pilot and have successfully completed the board-approved training program;

(5) have controlled the navigation of vessels such as the person would pilot;

(6) have extensive experience in the docking and undocking of vessels;

(7) be licensed under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services;

(8) be in good mental and physical health;

(9) have good moral character; and

(10) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 2, eff. Sept. 1, 1997.

Sec. 68.034: Qualifications for Certificate

To be eligible for a certificate as a deputy branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) be appointed by a branch pilot;

(4) be in good mental and physical health;

(5) have good moral character; and

(6) possess the requisite skill to perform competently and safely the duties of a deputy branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.035: Application for License Or Certificate

(a) To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form and manner required by board rule.

(b) The board may require an applicant to include with an application:

(1) a certification by a medical doctor, dated not earlier than the 15th day before the date of the application, stating that in the doctor's opinion the applicant on the date of the certification possesses the mental and physical health necessary to perform competently and safely the duties of a branch pilot or deputy branch pilot, as applicable; or

(2) a certification by a medical doctor, dated not earlier than the 15th day before the date the application is filed, certifying that the applicant's body on the date of the certification is free of evidence of the presence of illegal drugs or chemicals.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.036: Consideration of Application

(a) The board shall carefully consider each application and shall conduct any investigation it considers necessary to determine whether an applicant is qualified for a license or certificate.

(b) As part of its consideration of applications for licenses and certificates, the board may develop and administer examinations to determine an applicant's knowledge of piloting, management of vessels, and the water in the board's jurisdiction.

(c) The board may not disapprove an application for certification as a deputy branch pilot made by a person who has a written recommendation for the certification from a branch pilot unless the board, after notice to the applicant, has provided the applicant a hearing on the applicant's qualifications.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.037: Branch Pilot Appointment By Governor

(a) On filing of the bond and oath required by Section 68.039, the board shall certify to the governor that a person licensed as a branch pilot has qualified.

(b) On receipt of the board's certification, the governor shall issue to the person, in the name of the state and under the state seal, a commission to serve as a branch pilot to and from Brazoria County ports.

(c) The governor shall appoint the number of branch pilots necessary to provide adequate pilot services for each Brazoria County port.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.038: Deputy Branch Pilot Appointment By Branch Pilot

(a) Each branch pilot may appoint, subject to examination and approval by the board, two deputy branch pilots.

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable.

(c) The board may not approve an appointment if the appointee is related to the branch pilot within the second degree by affinity or within the third degree by consanguinity, as determined under Subchapter B, Chapter 573, Government Code, unless each member of the Brazos Pilots Association recommends the appointment in writing.

(d) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.039: Oath; Bond

(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the bond required by Subsection (b).

(b) Each pilot must execute a $25,000 bond payable to the governor and conditioned on compliance with the laws, rules, and orders relating to pilots and on the faithful performance of the pilot's duties.

(c) Each bond must be approved by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.040: Terms of Licenses and Certificates

(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed, provided that no pilot may furnish pilot services under authority of a license after the pilot's 68th birthday.

(b) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 359, Sec. 3, eff. Sept. 1, 1997.

Sec. 68.041: Branch Pilot's License Renewal

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal.

(b) If a pilot applies in writing and qualifies, the board shall recommend renewal unless the board determines there is probable cause not to renew the license.

(c) Probable cause not to renew a license exists if the board finds that the license holder:

(1) does not possess a qualification required by this chapter for pilots; or

(2) has a disability that will affect the license holder's ability to serve as a pilot.

(d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder of that determination not later than the 60th day before the date the license expires. On request, the board shall provide a hearing after proper notice to consider whether the board has cause not to recommend renewal of the license.

(e) If the board finds at the conclusion of the hearing that the board lacks probable cause for nonrenewal of the license, the board shall recommend that the governor renew the license.

(f) The board shall issue a written order recommending that the governor not renew a license and the governor may not renew the license if:

(1) the pilot does not contest the board's decision not to renew the license; or

(2) the board after a hearing finds that it has probable cause not to renew the license.

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.042: Deputy Branch Pilot

A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.043: Health and Drug Certification

(a) The board may require that certification under Section 68.035(b)(1) be executed annually.

(b) The board randomly from time to time may require a branch pilot or deputy branch pilot to provide the board with certification by a medical doctor that on the date of the certification the body of the pilot is free of evidence of the presence of illegal drugs or chemicals.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.044: Suspension Or Revocation of Branch Pilot's License

(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than six months or recommend that the governor revoke a branch pilot's license if the board finds that the pilot has:

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter;

(2) used narcotics or other types of drugs, chemicals, or controlled substances as defined by law that impair the pilot's ability to perform the pilot's duties skillfully and efficiently;

(3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently;

(4) violated a provision of this chapter or rules adopted by the board under this chapter that were material to the performance of the pilot's duties at the time of the violation;

(5) made a material misstatement in the application for a license;

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation;

(7) charged a pilotage rate other than that approved by the board;

(8) intentionally refused to pilot a vessel when requested to do so by the master or person responsible for navigation of the vessel except when, in the judgment of the pilot, movement of the vessel constitutes a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services;

(9) been absent from duty in violation of board rules and without authorization;

(10) aided or abetted another pilot in failing to perform the other pilot's duties; or

(11) been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty.

(b) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and:

(1) suspends the license for a stated period; or

(2) recommends to the governor revocation of the license.

(c) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license. If the board's order is appealed, the governor may not revoke the license until the order is upheld on appeal.

(d) A suspension of a license on the recommendation of a pilot review board takes effect on adoption of the board's order. A revocation of a branch pilot's license takes effect on issuance of the governor's decision.

(e) The board shall immediately give notice to the Brazos Pilots Association, by certified mail, of a revocation or suspension under this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.045: Suspension Or Revocation of Deputy Branch Pilot's Certificate

A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 68.044.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.046: Liability to Pilot

(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are liable to a pilot, on written demand, for the amount of the applicable pilotage rate.

(b) In an action to recover compensation under Subsection (a), the court may include in a judgment in favor of a pilot an award of court costs and reasonable attorney's fees.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter D

Sec. 68.061: Pilotage Rate Change

The board may not change pilotage rates before the first anniversary of the preceding rate change.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.062: Pilotage Rates

Each branch pilot member of the Brazos Pilots Association shall charge the pilotage rates set by the board for pilot services.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.063: Pilotage Rate Change Application

(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by:

(1) one or more pilots; or

(2) an owner, agent, or consignee.

(b) The application must contain:

(1) a brief statement of the circumstances that warrant the change; and

(2) a certification that the applicant has submitted copies of the application to all known pilots, consignees, and associations of consignees operating in Brazoria County at the time of the application.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.064: Objection; Hearing

(a) If, not later than the 20th day after the date notice of an application for a rate change is sent, a commissioner receives a written objection to the application from any person who appears to have a legitimate interest in the application, the board shall hold a hearing as provided by this section.

(b) The board shall hold the hearing not later than the 20th day after the date the 20-day period provided by Subsection (a) expires.

(c) The board shall give notice of the hearing to:

(1) each applicant;

(2) each person objecting to the application; and

(3) any other person the board determines is interested in the proceedings.

(d) The hearing shall be open to the public and held at a convenient public place in one of the ports that would be affected by the change. Each party who demonstrates a legitimate interest in the application is entitled to be heard, to present evidence, and, to the extent the board considers practical, to cross-examine testifying witnesses.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.065: Board Action on Application

(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 68.064(a), the board shall act on the application without further proceedings.

(b) If a hearing is held as provided by Section 68.064, the board shall grant, deny, or modify the application after receipt of the evidence offered by the parties and arguments and briefs requested by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.066: Pilot Financial Report

(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve the port for which the rates are being considered shall submit in writing to the board and to any interested party designated by the board complete accounts of:

(1) all amounts received from performing pilot services, organized by categories or classifications of rates, if rates are set in that manner;

(2) all earnings from capital assets devoted to providing pilot services;

(3) all expenses incurred in connection with activities for which amounts described by Subdivisions (1) and (2) were received and earned; and

(4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates.

(b) The pilots shall provide the information for:

(1) the calendar or fiscal year preceding the date of the pilotage rate change application; and

(2) the subsequent period to within 60 days of the date of the application.

(c) The board may require relevant additional information it considers necessary to determine a proper pilotage rate.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.067: Factors for Board Consideration

In acting on a pilotage rate change application, the board shall consider:

(1) characteristics of vessels to be piloted;

(2) costs to pilots to provide the required pilot services;

(3) the effect, including economic factors affecting the shipping industry in the area, that the granting, refusal, or modification of the application would have on Brazoria County ports and the persons residing in the board's jurisdiction;

(4) an adequate and reasonable compensation for the pilots and a fair return on the equipment and vessels that the pilots employ in connection with pilot duties;

(5) the relationship between the pilotage rates in Brazoria County ports and the rates applicable in other ports of this state;

(6) the average number of hours spent by a pilot performing:

(A) pilot services on board vessels; and

(B) all pilot services; and

(7) the average wages of masters of United States flag vessels that navigate in the board's jurisdiction and for which the pilotage rate is to be established.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.068: Board Action

(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as provided by Subsection (b).

(b) Any party aggrieved by the board's order may, after exhausting all administrative remedies, appeal the order to a court.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.069: Reporting and Stenographic Costs

(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a hearing against one or more of the applicants and objecting parties.

(b) The board may require that an applicant or objecting party deposit an amount against those costs as a condition of presenting an application or objection.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.070: Order Filed

(a) The board shall file a copy of its order with the county clerk.

(b) The board shall file the order not later than the 20th day after:

(1) the closing date of a hearing held as provided by Section 68.064(b); or

(2) if a hearing is not held, the expiration of the 20-day period provided by Section 68.064(a).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.071: Emergency Pilotage Rates

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that:

(1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and

(2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures.

(b) In adopting emergency pilotage rates, the board is not required to comply with the procedures in this chapter or in its rules relating to adoption of pilotage rates.

(c) Emergency pilotage rates may not be appealed.

(d) The board shall adopt rules to carry out this section.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.072: Pilot Services Required

The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilots who pilot the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.073: Pilotage Rate Liability

(a) A pilot who charges a rate for pilot services different from the pilotage rates established under this chapter for the port in which the pilot serves is liable to each person who was charged the different rate for double the amount of pilotage.

(b) A court may include in a judgment in favor of a person who files suit to collect an amount owed under this chapter an award to cover court costs and reasonable attorney's fees.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.074: Recovery of Compensation

A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the service.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter E

Sec. 68.081: Purpose

The purpose of this subchapter is to:

(1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by limiting and regulating the liability of pilots; and

(2) maintain pilotage fees at reasonable amounts.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.082: Pilot Liability

A pilot is not liable directly or as a member of an organization of pilots for a claim that:

(1) arises from an act or omission of another pilot or organization of pilots; and

(2) relates directly or indirectly to pilot services.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.083: Pilot Liability Limited

(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or neglect in the performance of the pilot services, except as provided by Subsection (b).

(b) Subsection (a) does not apply to:

(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot;

(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or

(3) an act or omission relating to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of pilots.

(c) This section does not exempt a vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:

(1) the vessel was piloted by a pilot; or

(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot.

(d) In an action brought against a pilot for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the pilot to the extent the pleadings allege pilot liability that exceeds $1,000.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Subchapter F

Sec. 68.091: Pilots Association

The Brazos Pilots Association is a nonprofit association whose membership shall include and be limited to the licensed branch pilots for the Brazoria County ports.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.092: Association Purposes

The purposes of the Brazos Pilots Association are:

(1) the leasing, ownership, management, and operation of equipment and facilities suitable for use by member pilots individually and collectively in performing their individual and collective duties as branch pilots, including pilot boats, communication equipment, and pilot stations;

(2) administering the business of providing an efficient and safe pilot service in accordance with bylaws adopted by a majority vote of the members of the association;

(3) providing a pilots' retirement fund through membership participation; and

(4) maintaining continuous liaison with the board through its elected representatives.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.093: Officers

(a) The membership of the Brazos Pilots Association shall elect members to serve as officers. The association's officers must include a president, vice president, and secretary-treasurer.

(b) The officers are elected by secret ballot and by a majority vote of those members casting ballots. Each member is entitled to one vote for each officer.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.094: Term of Office

Each association officer serves a one-year term, beginning on January 1, and continues to serve until a successor has been elected and qualified.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.095: Property

(a) The association may rent or own property, acquire property by gift, purchase, or exchange, and hold title to property that is appropriate for its use in carrying out the purposes of the association under this chapter.

(b) The acquisition, sale, or disposal of permanent assets, as distinguished from consumable assets, must be authorized by resolution of the association. The resolution must be adopted in open meeting by a two-thirds vote of the membership after notice of the date, time, place, and purpose of the meeting.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.096: Independent Contractor

Although each branch pilot is a member of the association, a branch pilot acts as an independent contractor in performing specific pilot services for a vessel owner or consignee. A branch pilot is solely responsible to each vessel owner or consignee for the manner in which the pilot services are performed.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.097: Fee Collection

(a) The association is delegated the authority to collect in its name on behalf of each branch pilot fees earned by the pilot for pilot services.

(b) The association shall issue appropriate receipts for the fees and make a full accounting for the fees in the manner provided by association bylaws.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.098: Operating Budget

In December of each year, the association shall adopt, by majority vote, a budget for its operations for the next calendar year. The operating budget may be amended at any regular or special meeting of the association.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.099: Service Fees

Monthly, the association may retain from fees collected on behalf of each branch pilot, as consideration for services rendered, a pro rata share of 1/12th of the association's necessary operating expenses according to its budget.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.100: Fee Distribution

Not later than the 25th day of each month, the association shall distribute to each branch pilot, as provided by association bylaws, a share of the fees collected in the preceding calendar month after deducting:

(1) the pilot's share of expenses as provided by Section 68.099; and

(2) an amount the pilot has authorized deducted and contributed to the pilot's share of an employee welfare benefit plan or employees' pension benefit plan established and maintained by the association.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.101: Association Services

The association shall provide for the use and benefit of each branch pilot member:

(1) real property and buildings suitable for use as a pilot station;

(2) appropriate communications facilities;

(3) pilot boats for transportation to and from vessels; and

(4) other equipment and facilities authorized by majority vote of the members of the association.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.102: Transfer of Property

The association may receive from Brazos Pilot Service, Inc., a conveyance of all real and personal property owned and held by that company if all shareholders of the company consent in writing to the transfer.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.103: Share Valuation

The value of all assets of the association shall be determined by an appraisal made by one or more qualified appraisers designated by the association president. The value of each share is determined by dividing the total value of all assets of the association by the number of shares outstanding. The value of each share shall be used in a transaction that involves:

(1) the purchase of a share by a newly commissioned branch pilot;

(2) the sale of a share on retirement by a branch pilot; or

(3) the purchase of a share by the association from the legal heirs of a deceased branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.104: Transfer of Shares

(a) The association shall issue one share to a branch pilot on the pilot's initial commissioning if the pilot pays the association a sum equal to the value of the share determined in the manner provided by this subchapter.

(b) The association shall purchase the share of a branch pilot who for any reason other than death ceases to render pilot services. The association shall purchase the share not later than the 30th day after the date of a request by the withdrawing pilot and on surrender of the share.

(c) Not later than the 30th day after providing the association with proof of identity of the legal representative of the estate of a deceased branch pilot, the legal representative shall tender and transfer to the association the deceased pilot's share. The association shall pay the estate the value of the share determined as provided by this subchapter.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.105: Facilities Fee

(a) The association may charge a monthly fee for the use of its facilities to a newly commissioned branch pilot who does not tender payment for a share as required by Section 68.104(a) before rendering service as a branch pilot. The fee may be charged until the pilot pays for the share.

(b) The fee must be reasonable, uniform, and adequate to provide the association the pro rata portion of a reasonable return on investment in the assets of the association.

(c) The association may deduct the fee from collections made by the association for pilot services rendered by the branch pilot.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.106: Limitation on Share Ownership

(a) Shares of the association may be issued to and owned only by a branch pilot licensed under this chapter, except as provided by Subsection (b).

(b) On the death of a branch pilot licensed under this chapter, the ownership of the deceased pilot's share in the association may pass by will to the pilot's devisees or, if the pilot dies intestate, the interest passes under the laws of descent and distribution of this state for the purpose of liquidation, as provided by Section 68.104(c).

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 68.107: Retirement Benefits

(a) The association may act as an employer for the purpose of maintaining an employee welfare benefit plan or an employee pension benefit plan, as defined by 29 U.S.C. Section 1002, for the benefit of branch pilots licensed under this chapter.

(b) A benefit plan must be established and maintained in accordance with applicable law pertaining to benefit plans.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Chapter 69

Subchapter A

Sec. 69.001: Short Title

This chapter may be cited as the Jefferson and Orange County Pilots Licensing and Regulatory Act.

Comments

Amended by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.002: Definitions

In this chapter:

(1) "Board" means the board of pilot commissioners described by Section 69.011.

(2) "Consignee" means a person, including a master, owner, agent, subagent, firm, or corporation or any combination of those persons, who enters or clears a vessel at the office of the collector of customs.

(3) "Jefferson or Orange County port" means a place in Jefferson or Orange County into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico.

(4) "Pilot" means a person who is licensed as a branch pilot or certified as a deputy branch pilot under this chapter.

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for pilot services.

(6) "Pilot services" means acts of a pilot in conducting a vessel through navigable water in this state and the ports in which the pilot is licensed or certified as a pilot.

(7) "Vessel" means an oceangoing vessel.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.003: Applicability of Chapter

This chapter applies only to a Jefferson or Orange County port.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Subchapter B

Sec. 69.011: Composition of Board

(a) The board of pilot commissioners for all of the ports and private terminals located in Jefferson or Orange County, or both, is composed of five commissioners from Jefferson or Orange County appointed by the governor in the manner provided by Subchapter A, Chapter 63.

(b) The presiding officer of the board shall be selected by the members of the board.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.012: Prohibited Interest

A person may not be a member of the board if the person has a direct or indirect pecuniary interest in a pilot boat or branch pilot in the business of the board's trust.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.013: Oath

Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully and impartially discharge the duties of the office.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.014: Terms of Office

(a) Board members serve staggered two-year terms of office.

(b) A member holds office until the member's successor is appointed and qualified.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.015: Jurisdiction of Board

The board has exclusive jurisdiction over the pilot services provided in Jefferson or Orange County, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.016: Administration; Rules

(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter.

(b) The board may adopt rules to carry out this chapter.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.017: Duties

(a) The board shall:

(1) establish the number of pilots necessary to provide adequate pilot services for each Jefferson or Orange County port;

(2) establish pilotage rates;

(3) hear and determine complaints relating to the conduct of pilots;

(4) make recommendations to the governor concerning any pilot whose license or certificate should not be renewed or should be revoked;

(5) adopt rules and issue orders to pilots and vessels when necessary to secure efficient pilot services;

(6) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter;

(7) provide penalties to be imposed on a person who is not a pilot for a Jefferson or Orange County port and who pilots a vessel into or out of the port if the person offered pilot services to the vessel;

(8) establish times during which pilot services will be available;

(9) accept applications for pilot licenses and certificates and determine whether each applicant meets the qualifications for a pilot;

(10) submit to the governor the names of persons who have qualified under this chapter to be appointed as branch pilots; and

(11) approve any changes of the locations of pilot stations.

(b) The board may:

(1) recommend the number of deputy pilots each branch pilot may appoint under Section 69.038; and

(2) make any other provision for proper, safe, and efficient pilotage under this chapter and for the efficient administration of this chapter.

(c) The board may assess against the users of pilot services:

(1) the actual costs the board considers fair and just incurred in connection with hearings against any applicant or objecting party; and

(2) other expenses that are necessary and proper to enable the board to effectively carry out the purposes and requirements of this chapter, including processing of applications for pilot licenses and certificates, establishing pilotage, determining and approving the locations for pilot stations, establishing times during which pilot services will be available, hearing and ruling on complaints relating to the conduct of pilots, adopting rules and issuing orders to pilots or vessels when necessary to secure efficient pilot services, instituting investigations or hearings to consider casualties, accidents, or other actions that violate this chapter, making of any provision for proper, safe, and efficient pilotage, and funding general administrative expenses associated with the operation of the board.

(d) Assessments against the users of pilot services under Subsection (c) may not exceed $100,000 in a fiscal year.

(e) Funds collected under this section may not be used for compensation to any member of the board.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.018: Unfair Discrimination Prohibited

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices or discriminate against a pilot or pilot applicant because of race, religion, sex, ethnic origin, or national origin.

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Jefferson County.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.019: Open Meetings Law

Chapter 551, Government Code, applies to actions and proceedings under this chapter.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.020: Rule Or Rate Change

(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage rate.

(b) The board shall send the notice and a copy of the proposed rule or change by registered mail to the last known address of:

(1) all known pilots association offices;

(2) all pilots licensed or certified in the port;

(3) all steamship agencies and associations in the port; and

(4) all known users of pilot services for the previous 12 months.

(c) The board shall post a copy of the proposed rule or change at the county courthouse of Jefferson County and of Orange County, as well as the subcourthouse in Port Arthur, for public inspection.

(d) The board shall publish a copy of the proposed rule or change in a newspaper of general circulation in Jefferson and Orange Counties.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.021: Contested Case Notice

The board shall give notice in each contested case to the persons and in the manner provided by Section 69.020(b) that includes the same information as the notice given to the parties in each contested case.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.022: Judicial Review

Proceedings for judicial review of a board decision shall be brought in a district court in Jefferson County.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.023: Budget; Annual Report; Audits

(a) The board shall adopt a budget not later than the 45th day before the start of a fiscal year. The budget may be adopted only after a public meeting has been held to explain the budget.

(b) Accounts of the board are subject to audit by the state auditor.

(c) The board shall keep minutes of its meetings and other books and records that clearly reflect all acts and transactions of the board. The board shall open its records to examination by any person during regular business hours.

(d) Not later than the 30th day after the end of a fiscal year, the board shall submit to the governor a report itemizing all income and expenditures and describing all activities of the board during the previous fiscal year.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.024: Depository Bank; Expenditure of Funds

The board shall deposit all money received by the board under this chapter, including assessments and grants from governmental agencies, in a bank located in Jefferson or Orange County and selected by the board.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Subchapter C

Sec. 69.031: Licenses Or Certificate Required

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Jefferson and Orange County ports in which the pilot services are to be provided.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.032: Exemptions

The requirement to use a pilot does not apply to:

(1) a vessel sailing under enrollment, or licensed or engaged in the coasting trade between Texas ports or between any Texas port and any other port of the United States; or

(2) a vessel exempt under federal law from payment of state pilotage rates.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.033: Qualifications for License

To be eligible for a license as a branch pilot for the ports within the jurisdiction of the board, a person must:

(1) be at least 25 years of age and younger than 68 years of age unless exempted under the provisions of Section 69.040(b);

(2) be a United States citizen;

(3) as of the date the license is issued, have resided continuously in this state for at least two years;

(4) have at least one year's service as a deputy branch pilot or equivalent service piloting vessels of at least 5,000 gross tons within the board's jurisdiction;

(5) have successfully completed the board-approved training program;

(6) have commanded or controlled the navigation of vessels such as the person would pilot;

(7) have extensive experience in the docking and undocking of vessels;

(8) be in good mental and physical health;

(9) have good moral character;

(10) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot; and

(11) hold a license under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.034: Qualifications for Certificate

To be eligible for a certificate as a deputy branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) hold a license under federal law to act as a pilot on vessels that navigate water on which the applicant will furnish pilot services;

(4) be in good mental and physical health;

(5) have good moral character;

(6) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a deputy branch pilot; and

(7) successfully complete the board-approved apprenticeship training program.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.035: Application for License Or Certificate

To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form and manner required by board rule.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.036: Consideration of Application

(a) The board shall carefully consider each application submitted under Section 69.035 and shall conduct any investigation it considers necessary to determine whether an applicant is qualified for a license or certificate.

(b) As part of its consideration under Subsection (a), the board may develop and administer standardized examinations to determine an applicant's knowledge of piloting, management of vessels, and the waterways in the board's jurisdiction.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.037: Branch Pilot Appointment By Governor

(a) On filing of the bond and oath required by Section 69.039, the board shall certify to the governor that a person licensed as a branch pilot has qualified.

(b) On receipt of the board's certification, the governor shall issue to the person, in the name of the state and under the state seal, a commission to serve as a branch pilot to and from Jefferson and Orange County ports.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.038: Deputy Branch Pilot Appointment By Branch Pilot

(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots.

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable.

(c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.

(d) A branch pilot who appoints a deputy branch pilot is responsible for the actions of the deputy branch pilot.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.039: Oath and Bond

(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the bond required by Subsection (b).

(b) Each pilot must execute a $25,000 bond payable to the governor and conditioned on compliance with the laws, rules, and orders relating to pilots and on the faithful performance of the pilot's duties.

(c) Each bond must be approved by the board.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.040: Terms of Licenses and Certificates

(a) A branch pilot's license expires on the earlier of:

(1) the fourth anniversary of the date it is issued or renewed; or

(2) the license holder's 68th birthday.

(b) Subsection (a)(2) does not apply to a person who is a branch pilot serving a port covered under this chapter on the effective date of this chapter or who reaches his or her 68th birthday within one year after the effective date of this chapter.

(c) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.041: Branch Pilot's License Renewal

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal.

(b) If a pilot applies in writing and qualifies, the board shall recommend renewal unless the board determines there is probable cause not to renew the license.

(c) Probable cause not to renew a license exists if the board finds that the license holder:

(1) does not possess a qualification required by this chapter for pilots; or

(2) has a disability that will affect the license holder's ability to serve as a pilot.

(d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder not later than the 60th day before the date the license expires. On request, the board shall provide a hearing after proper notice to consider whether the board has cause not to recommend renewal of the license.

(e) If the board finds at the conclusion of the hearing that the board lacks probable cause for nonrenewal of the license, the board shall recommend that the governor renew the license.

(f) The board shall issue a written order recommending that the governor not renew a license and the governor may not renew the license if:

(1) the pilot does not contest the board's decision not to renew the license; or

(2) the board after a hearing finds that it has probable cause not to renew the license.

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.042: Deputy Branch Pilot

A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.043: Suspension Or Revocation of Branch Pilot's License

(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than six months or recommend that the governor revoke a branch pilot's license if the board finds that the pilot has:

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter;

(2) used narcotics or other types of drugs, chemicals, or controlled substances as defined by law that impair the pilot's ability to perform the pilot's duties skillfully and efficiently;

(3) used alcohol to an extent that impairs the pilot's ability to perform the pilot's duties skillfully and efficiently;

(4) violated a provision of this chapter or rules adopted by the board under this chapter;

(5) made a material misstatement in the application for a license;

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation;

(7) charged a pilotage rate other than that approved by the board;

(8) intentionally refused to pilot a vessel when requested to do so by the master or person responsible for navigation of the vessel except when, in the judgment of the pilot, movement of the vessel would have constituted a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services;

(9) been absent from duty in violation of board rules and without authorization;

(10) aided or abetted another pilot in failing to perform the other pilot's duties;

(11) been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty;

(12) intentionally failed to comply with an order of the board; or

(13) intentionally caused damage to a vessel.

(b) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and:

(1) suspends the license for a stated period; or

(2) recommends to the governor revocation of the license.

(c) If the federal pilot's license of a pilot licensed under this chapter is suspended or revoked, the board, on a finding that it has good cause, shall suspend the license for the same period or revoke the license under this chapter.

(d) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license.

(e) A suspension of a license on the recommendation of a pilot review board takes effect on adoption of the board's order. A revocation of a branch pilot's license takes effect on issuance of the governor's decision.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.044: Suspension Or Revocation of Deputy Branch Pilot's Certificate

A deputy branch pilot's certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 69.043.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.045: Liability to Pilot

(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are liable to a pilot, on written demand, for the amount of the applicable pilotage rate.

(b) In an action to recover compensation under Subsection (a), the court may include in a judgment in favor of a pilot an award of court costs and reasonable attorney's fees.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Subchapter D

Sec. 69.061: Pilotage Rate Change

The board may not change pilotage rates before the first anniversary of the preceding rate change.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.062: Pilotage Rate Change Application

(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by:

(1) a pilot;

(2) an association of pilots;

(3) a consignee liable under Section 69.070 to pay pilotage rates;

(4) an association of consignees; or

(5) a party financially responsible for the payment of pilot services.

(b) The application must be written and must state specifically the changes requested.

(c) The board shall set a hearing date within two weeks of receipt of an application. The hearing may not be set for a day earlier than the 20th day or later than the 40th day after the date the board sets the hearing.

(d) An applicant shall give notice of the application and the hearing date, by certified mail to the last known address, to:

(1) all pilots licensed or certified in the port;

(2) all known pilots associations or consignees;

(3) all steamship agencies and associations in the port;

(4) each Jefferson and Orange County port; and

(5) all known users of pilot service within the past 12 months.

(e) The board may not increase pilotage rates for the public ports of Beaumont, Port Arthur, or Orange unless the affected board of commissioners approves the increase.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.063: Pilot Financial Report

(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve the port for which the rates are being considered shall submit in writing to the board and to any party designated by the board complete accounts of:

(1) all amounts received from performance of pilot services within the board's jurisdiction organized by categories or classifications of rates, if rates are set in that manner;

(2) all earnings from capital assets devoted to providing pilot service;

(3) all expenses incurred in connection with pilotage activities within the board's jurisdiction; and

(4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates.

(b) The pilots shall provide the information for:

(1) the calendar or fiscal year preceding the date of the pilotage rate change application; and

(2) the subsequent period to within 60 days of the date of the application.

(c) The board may require an independent audit of financial information submitted under Subsection (a) by an accountant selected by the board. The board, as it considers fair and just, shall assess the costs of the audit against one or more of the applicants and objecting parties.

(d) The board may require relevant additional information it considers necessary to determine a proper pilotage rate.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.064: Factors for Board Consideration

In acting on a pilotage rate change application, the board shall consider:

(1) characteristics of vessels to be piloted;

(2) the public interest in maintaining safe, efficient, and reliable pilot services;

(3) the average number of hours spent by a pilot in performing all pilot services and pilot services onboard vessels;

(4) costs to pilots to provide the required pilot services;

(5) economic factors affecting the shipping industry in the area in which the port is located;

(6) the average wages of masters of United States flag vessels;

(7) an adequate and reasonable compensation for the pilots and a fair return on the equipment and vessels that the pilots employ in connection with pilot duties; and

(8) the relationship between pilotage rates in Jefferson or Orange County ports and the rates applicable in other ports of this state and in competitive ports in other states bordering the Gulf of Mexico.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.065: Rate Decision

Not later than the 10th day after the date of the completion of a hearing on an application for a change in pilotage rates, the board shall issue a written decision that:

(1) grants or denies the application wholly or partly;

(2) states the reasons for the decision; and

(3) states each new pilotage rate.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.066: Costs

The board, in a final order under this subchapter, may charge all or part of the costs of processing an application to the parties in the proceedings.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.067: Appeal of Board Decision

Any party aggrieved by a board decision on pilotage rates, after exhausting all administrative remedies, may appeal the order to a court.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.068: Emergency Pilotage Rates

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 30 days, if the board finds that:

(1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and

(2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures.

(b) In adopting emergency pilotage rates, the board is not required to comply with the procedures in this chapter and in its rules relating to the adoption of pilotage rates.

(c) Emergency pilotage rates may not be appealed.

(d) The board shall adopt rules to carry out this section.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.069: Pilot Services Required

The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.070: Pilotage Rate Liability

(a) A consignee who declines the services of a pilot offered outside the bar and enters the port without the aid of a pilot is liable for the payment of pilotage to the first pilot whose services were declined.

(b) A consignee is liable for the payment of pilotage to the pilot who brings a vessel in if the vessel goes out without employing a pilot.

(c) A consignee is liable for the payment of pilotage for a vessel that goes out without the aid of a pilot and that came in without the aid of a pilot to the pilot who first offered services before the vessel came in.

(d) A consignee is not liable for the payment of pilotage for a vessel going out without a pilot if the vessel came in without the aid of a pilot or came in without the offer of a pilot outside.

(e) Subsections (a)-(d) do not apply to a consignee exempt under this chapter from payment of pilotage rates.

(f) A pilot who charges a pilotage rate for pilot services different from the pilotage rates established under this chapter for the port in which the pilot serves is liable to each person who was charged the different rate for double the amount of pilotage.

(g) A court may include in a judgment in favor of a person who files suit to collect an amount owed under this chapter an award to cover court costs and reasonable attorney's fees.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.071: Recovery of Compensation

A pilot who offers pilot services to a vessel required under this chapter to obtain pilot services and whose services are refused is entitled to recover from the consignee the pilotage rate for the services.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Subchapter E

Sec. 69.081: Purpose

The purpose of this subchapter is to:

(1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by limiting and regulating the liability of pilots; and

(2) maintain pilotage fees at reasonable levels.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.082: Pilot Liability

A pilot is not liable directly or as a member of an organization of pilots for a claim that:

(1) arises from an act or omission of another pilot or organization of pilots; and

(2) relates directly or indirectly to pilot services.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Sec. 69.083: Pilot Liability Limited

(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or neglect in the performance of the pilot services, except as provided by Subsection (b).

(b) Subsection (a) does not apply to:

(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot;

(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or

(3) an act or omission related to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of pilots.

(c) This section does not exempt the vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:

(1) the vessel was piloted by a pilot; or

(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot.

(d) In an action brought against a pilot for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the pilot to the extent the pleadings allege pilot liability that exceeds $1,000.

Comments

Added by Acts 2003, 78th Leg., ch. 745, Sec. 1, eff. June 20, 2003.

Chapter 70

Subchapter A

Sec. 70.001: Short Title

This chapter may be cited as the Port of Corpus Christi Pilots Licensing and Regulatory Act.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.002: Definitions

In this chapter:

(1) "Board" means the board of pilot commissioners for the Port of Corpus Christi Authority.

(2) "Consignee" means a person, including a master, owner, agent, subagent, person, firm or corporation, or any combination of those persons, who enters or clears a vessel at the Office of United States Customs.

(3) "Port of Corpus Christi" means a place into which a vessel enters or from which a vessel departs and the waterway leading to that place from the Gulf of Mexico under the jurisdiction of the Port of Corpus Christi Authority.

(4) "Pilot" means a person who is licensed as a branch pilot or certified as a deputy branch pilot under this chapter.

(5) "Pilotage rate" means the remuneration a pilot may lawfully charge a vessel for pilot services.

(6) "Pilot services" means acts of a pilot in conducting a vessel through navigable water in this state and the ports in which the pilot is licensed or certified as a pilot.

(7) "Vessel" means an oceangoing vessel.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.003: Application of Act

(a) This chapter applies only to the Port of Corpus Christi.

(b) This chapter does not affect the existing laws for ports in other counties, and those laws do not apply to the Port of Corpus Christi.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Subchapter B

Sec. 70.011: Composition of Board

The board of pilot commissioners for the Port of Corpus Christi is composed of the seven port commissioners for the Port of Corpus Christi Authority.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.012: Prohibited Interest

A person may not be a member of the board if the person has a conflict of interest or a direct or indirect interest in any business affected by or connected with the performance of the person's duties as a pilot commissioner.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.013: Oath

Before beginning service as a board member, each board member must take and sign before a person authorized to administer oaths an oath to faithfully and impartially discharge the duties of the office.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.014: Term of Office

(a) The term of office of a commissioner of pilots coincides with a person's term as a port commissioner for the Port of Corpus Christi Authority.

(b) A member holds office until the member's successor is appointed and qualified.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.015: Jurisdiction

The board has exclusive jurisdiction over the piloting of vessels in the Port of Corpus Christi, including intermediate stops and landing places for vessels on navigable streams wholly or partially located in the board's jurisdiction.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.016: Administration and Rules

(a) The board shall administer this chapter and may perform any act or function necessary to carry out its powers and duties under this chapter.

(b) The board may adopt rules to carry out this chapter.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.017: Duties

The board shall:

(1) recommend to the governor the number of pilots necessary to provide adequate pilot services for the Port of Corpus Christi;

(2) examine and determine the qualifications of each applicant for branch pilot;

(3) submit to the governor the names of persons who have qualified under this chapter to be appointed as branch pilots;

(4) establish pilotage rates;

(5) approve any changes of the locations of pilot stations;

(6) establish times during which pilot services will be available;

(7) hear and determine complaints relating to the conduct of pilots;

(8) make recommendations to the governor concerning any pilot whose license or certificate should not be renewed or should be revoked;

(9) adopt rules and issue orders to pilots and vessels when necessary to secure efficient pilot services; and

(10) institute investigations or hearings or both to consider casualties, accidents, or other actions that violate this chapter.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.018: Pilot Review Board

The board shall establish a pilot review board consisting of two active state-commissioned pilots serving the Port of Corpus Christi, two members of the marine industry, and a chairperson, who, or whose designee, shall be the secretary of the board, to hear and review complaints against pilots and to make recommendations to the board concerning the complaints.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.019: Unfair Discrimination Prohibited

(a) In all its duties, including rulemaking, the board may not sanction discriminatory practices nor discriminate against a pilot or pilot applicant because of race, religion, sex, ethnic origin, or national origin.

(b) A person seeking a remedy for a violation of this section must bring suit in a district court in Nueces County.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.020: Open Meetings Law

Chapter 551, Government Code, applies to actions and proceedings under this chapter.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.021: Rule Or Rate Change

(a) The board shall give at least 10 days' notice as provided by this section before the board adopts a rule or changes a pilotage rate.

(b) The board shall mail the notice and a copy of the proposed rule or change by registered mail to:

(1) the designated office of the Aransas-Corpus Christi Pilots; and

(2) all known consignees and all known associations of consignees operating in Nueces County.

(c) The board shall post a copy of the proposed rule or change at the Nueces County courthouse for public inspection.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.022: Judicial Review

Proceedings for judicial review of a board decision shall be brought in a district court in Nueces County.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Subchapter C

Sec. 70.031: Licenses Or Certificate Required

A person may not provide pilot services unless the person has a license or certificate issued under this chapter for the Port of Corpus Christi.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.032: Qualifications for License

To be eligible for a license as a branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) as of the date the license is issued, have resided continuously in the state for at least two years;

(4) have at least two years' service as a deputy branch pilot under the supervision of a state-commissioned pilot serving the Port of Corpus Christi;

(5) have controlled the navigation of vessels such as the person would pilot;

(6) have extensive experience in the docking and undocking of vessels;

(7) be in good mental and physical health;

(8) have good moral character; and

(9) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a branch pilot.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.033: Qualifications for Certificate

To be eligible for a certificate as a deputy branch pilot, a person must:

(1) be at least 25 years of age;

(2) be a United States citizen;

(3) be appointed by a branch pilot;

(4) be in good mental and physical health;

(5) have good moral character; and

(6) possess the requisite skill as a navigator and pilot to perform competently and safely the duties of a deputy branch pilot.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.034: Application for License Or Certificate

To apply for a branch pilot's license or a deputy branch pilot's certificate, a person must give the board a written application in the form and manner required by board rule.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.035: Consideration of Application

As part of its consideration of applications for licenses, the board may examine and decide on the qualifications of an applicant for the position of branch pilot.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.036: Branch Pilot Appointment By Governor

(a) On filing of the bond and oath required by Section 70.038, the board shall certify to the governor that a person licensed as a branch pilot has qualified.

(b) On receipt of the board's certification, the governor shall issue to the person, in the name of the state and under the state seal, a commission to serve as a branch pilot to and from the Port of Corpus Christi.

(c) The governor shall appoint the number of branch pilots necessary to provide adequate pilot services for the Port of Corpus Christi.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.037: Deputy Branch Pilot Appointment By Branch Pilot

(a) Each branch pilot, subject to examination and approval of the board, may appoint two deputy branch pilots.

(b) A branch pilot may appoint an additional deputy branch pilot if the board considers the appointment advisable.

(c) A branch pilot who appoints a deputy branch pilot without the approval of the board forfeits the pilot's appointment as a branch pilot.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.038: Oath and Bond

(a) A person appointed as a pilot must take the official oath before entering service as a pilot. The oath shall be endorsed on the bond required by Subsection (b).

(b) Each pilot must execute a $25,000 bond payable to the governor and conditioned on compliance with the laws, rules, and orders relating to pilots and on the faithful performance of the pilot's duties.

(c) Each bond must be approved by the board.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.039: Terms of Licenses and Certificates

(a) A branch pilot's license expires on the fourth anniversary of the date it is issued or renewed.

(b) A deputy branch pilot's certificate expires on the second anniversary of the date it is issued and may not be renewed.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.040: Branch Pilot's License Renewal

(a) The governor shall renew a branch pilot's expiring license if the board recommends renewal.

(b) If a pilot applies in writing and qualifies, the board shall recommend renewal unless the board determines there is probable cause not to renew the license.

(c) Probable cause not to renew a license exists if the board finds that the license holder:

(1) does not possess a qualification required by this chapter for pilots; or

(2) has a disability that will affect the license holder's ability to serve as a pilot.

(d) If the board determines that it has probable cause not to renew a license, the board shall notify the license holder not later than the 60th day before the date the license expires. On request, the board shall provide a hearing after proper notice to consider whether the board has cause not to recommend renewal of the license.

(e) If the board finds at the conclusion of the hearing that the board lacks probable cause for nonrenewal of the license, the board shall recommend that the governor renew the license.

(f) The board shall issue a written order recommending that the governor not renew a license and the governor may not renew the license if:

(1) the pilot does not contest the board's decision not to renew the license; or

(2) the board after a hearing finds that it has probable cause not to renew the license.

(g) The denial of renewal of a pilot's license does not prohibit the pilot from applying for a new license and being reappointed.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.041: Deputy Branch Pilot

A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.042: Suspension Or Revocation of Branch Pilot's License

(a) On complaint or on its own motion, and after notice and hearing, the board may suspend a branch pilot's license for not more than six months or recommend that the governor revoke a branch pilot's license if the board finds that the pilot has:

(1) failed to demonstrate and maintain the qualifications for a license required by this chapter;

(2) used narcotics or other types of drugs, chemicals, or controlled substances as defined by law that impair the pilot's ability to perform his duties skillfully and efficiently;

(3) used alcohol to an extent that impairs the pilot's ability to perform his duties skillfully and efficiently;

(4) violated a provision of this chapter or rules adopted by the board under this chapter that were material to the performance of the pilot's duties at the time of the violation;

(5) made a material misstatement in the application for a license;

(6) obtained or attempted to obtain a license under this chapter by fraud or misrepresentation;

(7) charged a pilotage rate other than that approved by the board;

(8) intentionally refused to pilot a vessel when requested to do so by the master or person responsible for navigation of the vessel except when, in the judgment of the pilot, movement of the vessel would have constituted a hazard to life or property or when pilotage charges that are due and owing are unpaid by the person ordering the pilot services;

(9) been absent from duty in violation of board rules and without authorization;

(10) aided or abetted another pilot in failing to perform the other pilot's duties; or

(11) been guilty of carelessness, neglect of duty, intentional unavailability for normal performance of duties, refusal to perform duties, misconduct, or incompetence while on duty.

(b) On determining that a license should be suspended or revoked, the board shall adopt a written order that states its findings and:

(1) suspends the license for a stated period; or

(2) recommends to the governor revocation of the license.

(c) The governor, on receipt of a board order recommending revocation of a license, shall revoke the license. If the board's order is appealed, the governor may not revoke the license until the order is upheld on appeal.

(d) A suspension of a license on the recommendation of a pilot review board takes effect on adoption of the board's order. A revocation of a branch pilot's license takes effect on issuance of the governor's decision.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.043: Suspension Or Revocation of Deputy Branch Pilot's Certificate

A deputy branch pilot certificate may be suspended or revoked by the board in the same manner and for the same reasons as provided for the suspension or revocation of a branch pilot's license by Section 70.042.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.044: Liability to Pilot

(a) A person who is not a pilot and who, in violation of this chapter, pilots a vessel and the consignee of the vessel are liable to the pilot, on written demand, for the amount of the applicable pilotage rate.

(b) In an action to recover compensation under Subsection (a), the court may include in a judgment in favor of a pilot an award of court costs and reasonable attorney's fees.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Subchapter D

Sec. 70.061: Pilotage Rate Change

(a) The board may not change pilotage rates before the first anniversary of the preceding rate change.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.062: Pilotage Rate Change Application

(a) An application for a change in a pilotage rate may be filed with each commissioner of the board by:

(1) one or more pilots; or

(2) the owner, agent, or consignee of a vessel navigating to or from the Port of Corpus Christi.

(b) The application must contain:

(1) a brief statement of the circumstances that warrant the change; and

(2) a certification that the applicant has submitted copies of the application to all known pilots, consignees, and associations of consignees operating in the Port of Corpus Christi at the time of the application.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.063: Objection; Hearing

(a) If, not later than the 20th day after the date notice is sent, a commissioner receives a written objection to the application from any person who appears to have a legitimate interest in the application, the board shall hold a hearing as provided by this section.

(b) The board shall hold the hearing not later than the 20th day after the date the 20-day period provided by Subsection (a) expires.

(c) The board shall give notice of the hearing to:

(1) each applicant;

(2) each person objecting to the application; and

(3) any other person the board determines is interested in the proceedings.

(d) The hearing shall be open to the public and held at a convenient time and place in one of the ports that would be affected by the change. Each party who demonstrates a legitimate interest in the application is entitled to be heard, to present evidence, and, to the extent the board considers practical, to cross-examine testifying witnesses.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.064: Board Action on Application

(a) If an objection to an application for a rate change is not received by any commissioner within the period provided by Section 70.063(a), the board shall act on the application without further proceedings.

(b) If a hearing is held as provided by Section 70.063, the board shall grant, deny, or modify the application after receipt of the evidence offered by the parties and arguments and briefs requested by the board.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.065: Pilot Financial Report

(a) Not later than the 10th day before the date set for a pilotage rate hearing, the pilots who are licensed or certified to serve the port for which the rates are being considered shall submit in writing to the board and to any party designated by the board complete accounts of:

(1) all amounts received from performing pilot services within the board's jurisdiction;

(2) all earnings from capital assets devoted to providing pilot services;

(3) all expenses incurred in connection with pilotage activities for which amounts described were received and earned; and

(4) estimates of receipts and expenses anticipated to result from the requested changes in pilotage rates.

(b) The pilots shall provide the information for:

(1) the calendar or fiscal year preceding the date of the pilotage rate change application; and

(2) the subsequent period to within 60 days of the date of the application.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.066: Factors for Board Consideration

In acting on a pilotage rate change application, the board shall consider:

(1) characteristics of vessels to be piloted including but not limited to the size of the vessel and the degree of difficulty to maneuver;

(2) costs to pilots to provide the required pilot services;

(3) the effect, including economic factors affecting the shipping industry in the area, that the granting, refusal, or modification of the application would have on the Port of Corpus Christi and the persons residing in the board's jurisdiction;

(4) an adequate and reasonable compensation for the pilots and a fair return on the equipment and vessels that the pilots employ in connection with pilot duties; and

(5) the relationship between the pilotage rates in the Port of Corpus Christi and the rates applicable in other ports of this state and in competitive ports in other states.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.067: Board Action

(a) A board order granting, denying, or modifying an application for a rate change must state its effective date. The order is final, except as provided by Subsection (b).

(b) Any party aggrieved by the board's order may, after exhausting all administrative remedies, appeal the order to a court.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.068: Reporting and Stenographic Costs

(a) The board may assess the actual costs the board considers fair and just for reporting and stenographic services necessarily incurred in connection with a hearing against one or more of the applicants and objecting parties.

(b) The board may require that an applicant or objecting party deposit an amount against those costs as a condition of presenting an application or objection.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.069: Order Filed

(a) The board shall file a copy of its order with the Nueces County clerk.

(b) The board shall file the order not later than the 20th day after:

(1) the closing date of a hearing held as provided by Section 70.063(b); or

(2) if the hearing is not held, the expiration of the period provided by Section 70.063(a).

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.070: Emergency Pilotage Rates

(a) The board may establish emergency pilotage rates for the period of an emergency, not to exceed 90 days, if the board finds that:

(1) a natural or man-made disaster has created a substantial hazard to piloting vessels into and out of a port; and

(2) the existence of the hazard overrides the necessity to comply with normal pilotage rate-setting procedures.

(b) In adopting emergency pilotage rates, the board is not required to comply with the procedures in this chapter or in its rules relating to the adoption of pilotage rates.

(c) Emergency pilotage rates may not be appealed.

(d) The board shall adopt rules to carry out this section.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.071: Pilot Services Required

The consignee of a vessel under the consignee's control shall obtain pilot services for the vessel and shall pay the pilot who pilots the vessel into and out of the port area compensation according to the pilotage rates filed by the board.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.072: Liability

(a) A pilot who charges a pilotage rate for pilot services different from the pilotage rates established under this chapter for the port in which the pilot serves is liable to each person who was charged the different rate for double the amount of pilotage.

(b) A court may include in a judgment in favor of a person who files suit to collect an amount owed under this chapter an award to cover court costs and reasonable attorney's fees.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Subchapter E

Sec. 70.081: Purpose

The purpose of this subchapter is to:

(1) in the public interest, stimulate and preserve maritime commerce on the pilotage grounds of this state by limiting and regulating the liability of pilots; and

(2) maintain pilotage fees at reasonable levels.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.082: Pilot Liability

A pilot is not liable directly or as a member of an organization of pilots for a claim that:

(1) arises from an act or omission of another pilot or organization of pilots; and

(2) relates directly or indirectly to pilot services.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Sec. 70.083: Pilots Liability Limited

(a) A pilot providing pilot services is not liable for more than $1,000 for damage or loss caused by the pilot's error, omission, fault, or neglect in the performance of the pilot services, except as provided by Subsection (b).

(b) Subsection (a) does not apply to:

(1) damage or loss that arises because of the wilful misconduct or gross negligence of the pilot;

(2) liability for exemplary damages for gross negligence of the pilot and for which no other person is jointly or severally liable; or

(3) an act or omission related to the ownership and operation of a pilot boat unless the pilot boat is directly involved in pilot services other than the transportation of pilots.

(c) This section does not exempt the vessel or its owner or operator from liability for damage or loss caused by the vessel to a person or property on the grounds that:

(1) the vessel was piloted by a pilot; or

(2) the damage or loss was caused by the error, omission, fault, or neglect of a pilot.

(d) In an action brought against a pilot for an act or omission for which liability is limited as provided by this section and in which other claims are made or anticipated with respect to the same act or omission, the court shall dismiss the proceedings as to the pilot to the extent the pleadings allege pilot liability that exceeds $1,000.

Comments

Added by Acts 1997, 75th Leg., ch. 359, Sec. 4, eff. Sept. 1, 1997.

Title 5

Subtitle A

Chapter 81

Sec. 81.001: Definitions

In this title:

(1) "Commission" means the Texas Transportation Commission.

(2) "Department" means the Texas Department of Transportation.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.02, eff. April 1, 2011.

Sec. 81.002: Applicability

In this title, a reference to a railroad company includes:

(1) a railroad incorporated before September 1, 2007, under former Title 112, Revised Statutes; or

(2) any other legal entity operating a railroad, including an entity organized under the Texas Business Corporation Act or the Texas Corporation Law provisions of the Business Organizations Code.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.02, eff. April 1, 2011.

Subtitle B

Chapter 91

Subchapter A

Sec. 91.001: Definitions

In this chapter:

(1) "Commission" means the Texas Transportation Commission.

(2) "Construction" includes design, planning, and preliminary studies.

(3) "Department" means the Texas Department of Transportation.

(4) "Maintenance facility" includes:

(A) a workshop;

(B) a service, storage, security, or personnel facility; and

(C) equipment for a facility described by Paragraph (A) or (B).

(5) "Operation" includes policing.

(6) "Rail facility" means real or personal property, or any interest in that property, that is determined to be necessary or convenient for the provision of a freight or passenger rail facility or system, including commuter rail, intercity rail, high-speed rail, and tri-track. The term includes all property or interests necessary or convenient for the acquiring, providing, using, or equipping of a rail facility or system, including rights-of-way, trackwork, train controls, stations, and maintenance facilities.

(7) "Revenue" includes a charge, toll, rent, payment, user fee, franchise fee, license fee, fare, tariff, and other consideration:

(A) received in return for the use of:

(i) a rail facility; or

(ii) a service offered in connection with the operation of a rail facility; or

(B) resulting from a sale or conveyance of a rail facility.

(8) "Right-of-way" means a strip of land of a length and width determined by the commission to be required, necessary, or convenient for the provision of a rail facility or system and the space over, under, or on the land where trackwork is to be located.

(9) "Station" means a passenger or freight service building, terminal, station, ticketing facility, waiting area, platform, concession, elevator, escalator, facility for handicapped access, access road, parking facility for passengers, baggage handling facility, or local maintenance facility, together with any interest in real property necessary or convenient for those items.

(10) "Surplus revenue" means:

(A) revenue that exceeds the department's debt service requirements, coverage requirements of any bond indenture, costs of operation and maintenance, and cost of expansion or improvement of a rail facility or system; and

(B) reserves and reserve funds maintained by the department under this chapter.

(11) "Trackwork" means track, track beds, track bed preparation, ties, rail fasteners, slabs, rails, emergency crossovers, setout tracks, storage tracks, drains, fences, ballast, switches, bridges, and structures.

(12) "Train controls" includes:

(A) signals, lights, and other signaling;

(B) interlocking equipment;

(C) speed monitoring equipment;

(D) braking systems;

(E) central traffic control facilities; and

(F) communication systems.

(13) "Tri-track" means a triangular monorail beam guideway:

(A) constructed at a grade above surface modes of transportation;

(B) for use by dual-mode vehicles capable of using the guideway or a highway; and

(C) with entrances accessible from and exits accessible to highways.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.01, eff. June 14, 2005.

Sec. 91.002: Public Purpose

The following functions are public and governmental functions, exercised for a public purpose, and matters of public necessity:

(1) the acquisition, financing, construction, operation, and maintenance of a rail facility under this chapter;

(2) the sale, lease, or license of a rail facility to a rail operator and other public or private persons under this chapter; and

(3) the exercise of any other power granted under this chapter to the commission and the department.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.003: Rules

The commission may adopt rules and the department may adopt procedures and prescribe forms necessary to implement this chapter.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.004: General Powers

(a) The department may:

(1) plan and make policies for the location, construction, maintenance, and operation of a rail facility or system in this state;

(2) acquire, finance, construct, maintain, and subject to Section 91.005, operate a passenger or freight rail facility, individually or as one or more systems;

(3) for the purpose of acquiring or financing a rail facility or system, accept a grant or loan from a:

(A) department or agency of the United States;

(B) department, agency, or political subdivision of this state; or

(C) public or private person;

(4) contract with a public or private person to finance, construct, maintain, or operate a rail facility under this chapter; or

(5) perform any act necessary to the full exercise of the department's powers under this chapter.

(b) Except as provided by Subsection (c), money appropriated or allocated by the United States for the construction and maintenance in this state of rail facilities owned by any public or private entity shall be administered by the commission and may be spent only under the supervision of the department.

(c) Subsection (b) does not apply to money appropriated or allocated:

(1) to a transit authority described by Chapter 451, a transportation authority described by Chapter 452 or 460, or a transit department described by Chapter 453; or

(2) for use by:

(A) a port authority or navigation district created or operating under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; or

(B) a district created under:

(i) Chapter 171;

(ii) Chapter 172 of this code or Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (former Article 6550c, Vernon's Texas Civil Statutes);

(iii) Chapter 173 of this code or former Article 6550c-1, Revised Statutes; or

(iv) Chapter 174 of this code or former Article 6550c-3, Revised Statutes.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.02, eff. June 14, 2005.

Acts 2009, 81st Leg., R.S., Ch. 16 (H.B. 2434), Sec. 1, eff. May 12, 2009.

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.02, eff. April 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.001, eff. September 1, 2011.

Sec. 91.005: Reliance on Private Entities

The department shall contract with a private entity to operate a railroad using facilities owned by the department and may not use department employees to operate a railroad. The department may maintain a railroad facility directly or through a private entity. The department may not own rolling stock.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.006: Cooperation of State Agencies and Political Subdivisions

Within available resources, an agency or political subdivision of this state shall cooperate with and assist the department in exercising its powers and duties under this chapter.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.007: Notification of Intent to Abandon Or Discontinue Service

On receipt of notice of intent to abandon or discontinue rail service served under 49 C.F.R. Section 1152.20, as amended, the department shall coordinate with the governing body of a municipality, county, or rural rail transportation district in which all or a segment of the line is located to determine whether:

(1) the department should acquire the rail facility to which the notice relates; or

(2) any other actions should be taken to provide for continued rail transportation service.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Subchapter B

Sec. 91.031: Establishment of Rail Systems

(a) If the commission determines that the provision of rail transportation services would be most efficiently and economically met by jointly operating two or more rail facilities as one operational and financial enterprise, it may create a system composed of those facilities.

(b) The commission may create more than one system and may combine two or more systems into one system.

(c) The department may finance, acquire, construct, and operate additional rail facilities as additions to and expansions of the system if the commission determines that the facility would most efficiently and economically be acquired and constructed if it were a part of the system and that the addition will benefit the system.

(d) The revenue of a system shall be accounted for separately and may not be commingled with the revenue of a rail facility that is not part of the system.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.032: Acquisition of Rail Facilities

(a) The commission may authorize the department to acquire an existing rail facility at a location and on a route the commission determines to be feasible and viable for rail transportation service.

(b) The department may enter into an agreement with the owner of an operating railroad for the acquisition or use of a rail facility on terms the department considers to be in the best interest of the state.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.033: Environmental Review

(a) The department shall conduct or approve all environmental evaluations or studies required for the construction, maintenance, or operation of a rail facility.

(b) The commission may adopt rules to allocate responsibility for conducting an environmental evaluation or study or preparing environmental documentation among entities involved in the construction, maintenance, or operation of a rail facility under this chapter.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.034: Environmental Mitigation

(a) The department may acquire, maintain, hold, restore, enhance, develop, or redevelop property for the purpose of mitigating a past, present, or future adverse environmental effect arising from the construction, maintenance, or operation of a rail facility without regard to whether the need for mitigation has already been established for a particular project.

(b) The department may contract with a governmental or private entity to maintain, control, hold, restore, enhance, develop, or redevelop property for the mitigation of a past, present, or future adverse environmental effect arising from the construction, maintenance, or operation of a rail facility without regard to whether the need for mitigation has already been established for a particular project.

(c) If authorized by the applicable regulatory authority, the department may pay an amount of money to an appropriate governmental or private entity instead of acquiring or managing property for the mitigation of a past, present, or future adverse environmental effect arising from construction, maintenance, or operation of a rail facility without regard to whether the need for mitigation has already been established for a particular project.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.035: Use of Facilities Belonging to Public Or Private Entity

(a) The department, for the purpose of acquiring, constructing, maintaining, and operating freight or passenger rail facilities and systems in this state, may:

(1) use a street, alley, road, highway, or other public way of a municipality, county, or other political subdivision with the consent of that political subdivision; and

(2) at the expense of the department, relocate, raise, reroute, or change the grade of the construction of a street, alley, highway, road, railroad, electric line and facility, telegraph and telephone property and facility, pipeline and facility, conduit and facility, and other properties, whether publicly or privately owned, as necessary or useful in the construction, maintenance, and operation of a rail facility or system.

(b) The department shall provide reasonable notice to the owner of the applicable facility of the need for the alteration under Subsection (a)(2) and allow that owner the opportunity to complete the alteration.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.036: Expenditure of Funds

Subject to Section 91.071(b), the department may receive, accept, and expend funds from this state, a federal agency, or other public or private source for:

(1) rail planning;

(2) studies to determine the viability of a rail facility for rail transportation service;

(3) studies to determine the necessity for the department's acquisition or construction of a rail facility; and

(4) the acquisition, construction, maintenance, or operation of a rail facility under this chapter, including the assessment and remediation of environmental contamination existing in or on a rail facility.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.0361: Certain Freight Railroad Projects

(a) If sufficient funds from bonds sold to construct the Central Texas turnpike project or from the Texas mobility fund are available, the department may, and is strongly encouraged to, use the funds for engineering, design, grading, and construction necessary to create a grade-separated freight rail line capable of being safely traveled by trains operating at not less than 80 miles per hour in or adjacent to the State Highway 130 corridor.

(b) The department may, and is strongly encouraged to, enter into negotiations with any Class I railroad concerning building and operating a freight railroad in or adjacent to the State Highway 130 corridor. The department may explore with any Class I railroad the possibility of operating the freight railroad line in or adjacent to the State Highway 130 corridor as a revenue-producing partnership that could benefit this state and the current holders of bonds used in the financing of State Highway 130.

(c) This section may not be construed to allow any delay in the current published schedule for the construction and completion of State Highway 130.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.037: Contracts with Governmental Entities

This chapter does not apply to real or personal property, facilities, funding, projects, operations, construction, or a project plan of a transportation authority created under Chapter 451, 452, or 460 unless the commission or its designee has signed a written agreement with the transportation authority specifying the terms and conditions under which the transportation authority may participate.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Subchapter C

Sec. 91.051: Awarding of Contracts

Except for a contract entered into under Section 91.052, 91.054, or 91.102, a contract made by the department for the construction, maintenance, or operation of a rail facility must be let by a competitive bidding procedure in which the contract is awarded to the lowest responsible bidder that complies with the department's criteria.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.03, eff. June 14, 2005.

Sec. 91.052: Agreements to Construct, Maintain, and Operate Rail Facilities

The department may enter into an agreement with a public entity, including a political subdivision of this state, to permit the entity, independently or jointly with the department, to acquire, construct, maintain, or operate a rail facility or system.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.053: Small and Disadvantaged Businesses

(a) The department shall:

(1) set goals for the award of contracts to small and disadvantaged businesses and attempt to meet the goals;

(2) attempt to identify small and disadvantaged businesses that provide or have the potential to provide supplies, materials, equipment, or services to the department; and

(3) give small and disadvantaged businesses full access to the department's contract bidding process and other contracting processes, inform the businesses about those processes, offer the businesses assistance concerning those processes, and identify barriers to the businesses' participation in those processes.

(b) This section does not exempt the department from competitive bidding requirements imposed by other law.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.054: Comprehensive Development Agreements

(a) To the extent and in the manner that the department may enter into a comprehensive development agreement under Chapter 223, the department may enter into a comprehensive development agreement under this chapter that provides for the financing, design, acquisition, construction, maintenance, or operation of a rail facility or system. All provisions of Chapter 223 relating to comprehensive development agreements apply to comprehensive development agreements for facilities under this chapter, including provisions relating to the confidentiality of information. Claims arising under a comprehensive development agreement are subject to Section 201.112.

(b) The department may combine in a comprehensive development agreement under this chapter a rail facility or system and a toll project as defined by Section 201.001.

(c) The department may not enter into a comprehensive development agreement with a private entity under this chapter that provides for the lease or use of rights-of-way or related property by the private entity to construct, operate, or maintain a facility that is unrelated to the operation of the rail facility or system.

Comments

Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.04, eff. June 14, 2005.

Subchapter D

Sec. 91.071: Funding

(a) Except as provided in Subsection (b), the department may use any available funds to implement this chapter, including funds from the state infrastructure bank.

(b) Except for money received from the Texas economic development bank fund under Section 489.102, Government Code, and except as provided by Section 91.106(j), the department may not spend money from the general revenue fund to implement this chapter except pursuant to a line-item appropriation.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec. 5.01(a), eff. Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.05, eff. June 14, 2005.

Acts 2007, 80th Leg., R.S., Ch. 1410 (H.B. 2660), Sec. 3, eff. June 15, 2007.

Acts 2011, 82nd Leg., R.S., Ch. 766 (H.B. 1750), Sec. 1, eff. June 17, 2011.

Sec. 91.072: Financing of Rail Facilities and Systems

(a) The commission and the department have the same powers and duties relating to the financing of a rail facility or a system established under Section 91.031 as the commission and the department have under Subchapter E, Chapter 361, relating to the financing of a turnpike project, including the ability to deposit the proceeds of bonds or other obligations and to pledge, encumber, and expend such proceeds and revenues as provided in Chapter 361.

(b) The powers held by the commission and the department include the power to:

(1) authorize the issuance of bonds to pay all or part of the cost of acquiring, constructing, maintaining, or operating a rail facility or system;

(2) maintain separate accounts for bond proceeds and the revenues of a rail facility or system, and pledge those revenues and proceeds to the payment of bonds or other obligations issued or entered into with respect to the facility or system;

(3) impose fees, rents, and other charges for the use of a rail facility or system; and

(4) obtain from another source the fees and other revenue necessary to pay all or part of the principal and interest on bonds issued under this chapter.

(c) For purposes of this section, a reference in Subchapter E, Chapter 361 to:

(1) a turnpike project means a rail facility or system; and

(2) revenue includes a fee, rent, or other usage charge established under this chapter or other money received under Sections 91.073 and 91.074.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.073: Grants and Loans

The department may apply for, accept, and expend money from grants, loans, or reimbursements for any purpose of this chapter, including paying for the cost of the acquisition, construction, maintenance, and operation of a rail facility or system.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.074: Revenue

(a) The department may require a person, including any public or private entity, to pay a fee as a condition of using any part of a rail facility or system. The department may not require a person to pay a fee in connection with the placement, maintenance, or other use of a public utility facility.

(b) The department shall establish and maintain rents or other compensation for the use of rail facilities or systems in an amount that is, together with other revenue of the department received under this chapter, sufficient to enable the department to comply with the requirements of Section 91.072.

(c) The department may contract with a person for the use of all or part of a rail facility or system or may lease or sell all or part of a rail facility or system, including all or any part of the right-of-way adjoining trackwork, for any purpose, including placing on the adjoining right-of-way a storage or transfer facility, warehouse, garage, parking facility, telecommunication line or facility, restaurant, or gas station. Any portion of a rail facility or system that is used or leased by a private person under this subsection for a commercial purpose is not exempt from ad valorem taxation and is subject to local zoning regulations and building standards.

(d) The department shall not unreasonably discriminate in deciding who may use any part of a rail facility or system.

(e) All revenue received by the department under this chapter:

(1) shall be deposited to the credit of the state highway fund and may be used for any purpose authorized by this chapter; and

(2) is exempt from the application of Section 403.095, Government Code.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.06, eff. June 14, 2005.

Sec. 91.075: Pass-Through Fares

(a) In this section, "pass-through fare" means:

(1) a per passenger fee or a per passenger mile fee that is determined by the number of passengers using a passenger rail facility; or

(2) a fee that is determined based on the number of carloads or commodity tonnages shipped using a freight rail facility.

(b) The department may enter into an agreement with a public or private entity that provides for the payment of pass-through fares to the public or private entity as reimbursement for the acquisition, design, development, financing, construction, relocation, maintenance, or operation of a passenger rail facility or a freight rail facility by the entity.

(c) The department may use any available funds for the purpose of making a pass-through fare payment under this section, including funds from the state infrastructure bank.

(d) The commission may adopt rules necessary to implement this section. Rules adopted under this subsection may include criteria for:

(1) determining the amount of pass-through fares to be paid under this section; and

(2) allocating the risk that ridership on a passenger rail facility or carloads or commodity tonnages shipped on a freight rail facility will be higher or lower than the parties to an agreement under this section anticipated in entering into the agreement.

Comments

Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 1.07, eff. June 14, 2005.

Subchapter E

Sec. 91.091: Acquisition of Real Property

(a) The commission may authorize the department to acquire in the name of the state a right-of-way, a property right, or other interest in real property determined to be necessary or convenient for the department's acquisition, construction, maintenance, or operation of rail facilities.

(b) The commission may authorize the department to acquire property by any method, including purchase and condemnation. Property may be purchased under any terms determined by the department to be in the best interest of the state.

(c) Property may be purchased along alternative potential routes for a rail facility even if only one of those potential routes will ultimately be chosen as the final route.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.092: Property Necessary Or Convenient for Rail Facilities

Property necessary or convenient for the department's acquisition, construction, maintenance, or operation of rail facilities includes an interest in real property or a property right the commission determines is necessary or convenient to provide:

(1) right-of-way for a location for:

(A) a rail facility; or

(B) the future expansion of a rail facility;

(2) land for mitigation of adverse environmental effects;

(3) buffer zones for scenic or safety purposes; and

(4) revenue for use in acquiring, constructing, maintaining, or operating a rail facility or system, including revenue received under a contract described by Section 91.074(c).

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.093: Right of Entry

(a) To acquire property necessary or convenient for a rail facility, the department may enter any premises or real property, including a body of water, to make a survey, geotechnical evaluation, sounding, or examination.

(b) An entry under Subsection (a) or (d) is not:

(1) a trespass; or

(2) an entry under a pending condemnation procedure.

(c) The department shall make reimbursements for actual damages that result from an entry under Subsection (a) or (d).

(d) To ensure the safety and convenience of the public, the department shall, when entering any real property, water, or premises on which is located a public utility facility:

(1) comply with applicable industry standard safety codes and practices; and

(2) notwithstanding Subsection (a), give the owner or operator of the public utility facility not less than 10 days' notice before entering the real property, water, or premises.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.094: Conveyance of Property Belonging to Political Subdivision Or Public Agency

The governing body of a municipality, county, political subdivision, or public agency may, without advertisement, convey the title to or a right in property determined to be necessary or convenient by the department under this subchapter.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.095: Disposal of Property

The department may sell, convey, or otherwise dispose of any rights or other interests in real property acquired under this subchapter that the commission determines are no longer needed for department purposes.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Subchapter F

Sec. 91.101: Contracts for Rail Transportation Services

The department may contract with a county or other political subdivision of the state for the department to provide rail transportation services on terms agreed to by the parties.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.102: Contracts with Rail Operators

(a) The department may lease all or part of a rail facility or system to a rail operator. The department may contract with a rail operator for the use or operation of all or part of a rail facility or system.

(b) The department shall encourage to the maximum extent practical the participation of private enterprise in the operation of rail facilities and systems.

(c) A lease agreement shall provide for the department's monitoring of a rail operator's service and performance.

(d) The department may enter into an agreement with a rail operator to sell all or any part of state-owned rail facilities on terms the department considers to be in the best interest of the state.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.103: Joint Use of Rail Facilities

The department may:

(1) enter into an agreement with a rail operator, public utility, private utility, communication system, common carrier, or transportation system for the common use of its facilities, installations, or properties; and

(2) establish through routes, joint fares, and, subject to approval of a tariff-regulating body having jurisdiction, divisions of tariffs.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.104: Routings

The department may determine routings for rail facilities acquired, constructed, or operated by the department under this chapter.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.105: Placement of Utility Facilities, Lines, and Equipment

(a) A utility has the same right to place its facilities, lines, or equipment in, over, or across right-of-way that is part of a state-owned rail facility as the utility has with respect to the right-of-way of a state highway under Chapter 181, Utilities Code. A utility shall notify the department of the utility's intention to exercise authority over right-of-way that is part of state-owned rail facilities.

(b) On receipt of notice under Subsection (a), the department may designate the location in the right-of-way where the utility may place its facilities, lines, or equipment.

(c) The department may require a utility to relocate the utility's facilities, lines, or equipment, at the utility's expense, to allow for the expansion or relocation of rail facilities owned by the state. A relocation under this subsection must be accomplished pursuant to Subsections (e)-(j). The department shall pay for the cost of the relocation. If a utility facility is replaced, the cost of replacement is limited to an amount equal to the cost of replacing the facility with a comparable facility, less the net salvage value of the replaced facility.

(d) A utility may use and operate a facility required to be relocated under this section at the new location for the same period and on the same terms as the utility had the right to do at the previous location of the facility.

(e) If the department determines that a public utility facility must be relocated, the utility and the department shall negotiate in good faith to establish reasonable terms and conditions concerning the responsibilities of the parties with regard to sharing of information about the project and the planning and implementation of any necessary relocation of a public utility facility.

(f) The department shall use its best efforts to provide an affected utility with plans and drawings of the project that are sufficient to enable the utility to develop plans for, and determine the cost of, the necessary relocation of the public utility facility. If the department and the affected utility enter into an agreement after negotiations under Subsection (e), the terms and conditions of the agreement govern the relocation of public utility facilities covered by the agreement.

(g) If the department and an affected utility do not enter into an agreement under Subsection (e), the department shall provide to the affected utility:

(1) written notice of the department's determination that the public utility facility must be removed;

(2) a final plan for relocation of the public utility facility; and

(3) reasonable terms and conditions for an agreement with the utility for the relocation of the public utility facility.

(h) Not later than the 90th day after the date a utility receives the notice from the department, including the plan and agreement terms and conditions under Subsection (g), the utility shall enter into an agreement with the department that provides for the relocation.

(i) If the utility fails to enter into an agreement within the 90-day period under Subsection (h), the department may relocate the public utility facility at the sole cost and expense of the utility less any reimbursement of costs that would have been payable to the utility under applicable law. A relocation by the department under this subsection shall be conducted in full compliance with applicable law, using standard equipment and construction practices compatible with the utility's existing facilities, and in a manner that minimizes disruption of utility service.

(j) The 90-day period under Subsection (h) may be extended:

(1) by mutual agreement between the department and the utility; or

(2) for any period during which the utility is negotiating in good faith with the department to relocate its facility.

Comments

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 4.01, eff. June 21, 2003.

Sec. 91.106: Operations During Certain Emergencies

(a) In this section, "director" means the executive director of the department.

(b) The director may issue an order authorizing the department to lease rolling stock and to contract with a qualified person or rail operator to operate rolling stock if:

(1) the director determines that a natural or man-made condition exists that threatens a department rail facility or the provision of safe and efficient rail services using a department rail facility; and

(2) the condition threatens health, life, or property in the affected area.

(c) An order issued under Subsection (b) takes effect according to the order's terms, but the order may not take effect until reasonable notice is given:

(1) in a newspaper of general circulation in the affected area;

(2) through television or radio serving the affected area; or

(3) by circulating notices or posting signs at conspicuous places in the affected area.

(d) An order issued under Subsection (b) must expire not later than the 30th day after the date the order is issued.

(e) The director may amend, modify, or rescind an order issued under Subsection (b) while the order is effective.

(f) The director may issue one or more successive orders as necessary to protect health, life, or property in the affected area. Each successive order must expire not later than the 30th day after the date the successive order is issued.

(g) The department may not use department employees to operate rolling stock.

(h) The department may enter into a contract authorized by an order issued under Subsection (b) for a period not to exceed 90 days without using competitive bidding procedures otherwise required by law if the department attempts to negotiate with at least three qualified persons during the contracting process.

(i) Immediately after the department enters into a contract under this section, the department shall send a copy of the contract to the Legislative Budget Board. On request of the Legislative Budget Board, the department may send the copy in an electronic format.

(j) The department may use any available funds to implement this section, including:

(1) the undedicated portion of the state highway fund; and

(2) any money appropriated to the department from the general revenue fund, regardless of whether there is a line-item appropriation for such a purpose.

(k) The department shall attempt to recover any state funds used by the department to implement this section.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 766 (H.B. 1750), Sec. 2, eff. June 17, 2011.

Subtitle C

Chapter 111

Subchapter A

Sec. 111.001: Definition of Person

In this chapter:

(1) "person" includes a corporation, as provided by Section 312.011, Government Code; and

(2) the definition of "person" assigned by Section 311.005, Government Code, does not apply.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.002: Power and Authority

To the extent not preempted by federal law, the department:

(1) has power and authority over:

(A) railroads, including suburban, belt, and terminal railroads;

(B) public wharves, docks, piers, elevators, warehouses, sheds, tracks, and other property used in connection with railroads; and

(C) persons, associations, and private or municipal corporations that own or operate a railroad, or a wharf, dock, pier, elevator, warehouse, shed, track, or other property used in connection with a railroad; and

(2) shall govern and regulate those railroads, persons, associations, and corporations and prevent abuses in the conduct of their business.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.003: Transfer of Railroad Authority

On October 1, 2005, all powers and duties of the Railroad Commission of Texas that related primarily to railroads and the regulation of railroads and that existed on that date were transferred to the department, as provided by Chapter 281, Acts of the 79th Legislature, Regular Session, 2005.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.004: Reference to Railroad Commission

Any reference in law to the Railroad Commission of Texas that relates primarily to railroads and the regulation of railroads means the department.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter B

Sec. 111.051: Inspection of Books and Papers; Penalty

(a) A member of the commission or a person authorized in writing by a member of the commission under the hand and seal of the department may at any time:

(1) inspect the books and papers of a railroad company; and

(2) examine under oath a railroad company officer, agent, or employee in relation to the business and affairs of the company.

(b) A railroad company that refuses to permit an examination of the company's books and papers under Subsection (a) is liable to the state, for each violation, for a penalty of not less than $125 or more than $500 for each day the company fails or refuses to permit the examination.

(c) An officer, agent, or employee of a railroad company who possesses or controls any book or paper of the company commits an offense if, after proper demand, the officer, agent, or employee fails or refuses to exhibit, to any member of the commission or any person authorized to investigate, the book or paper. An offense under this subsection is a misdemeanor punishable by a fine of not less than $125 or more than $500.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.052: Information Solicited By Department

(a) The department shall as often as necessary provide each railroad company a questionnaire designed to elicit all information concerning the railroad.

(b) A railroad company receiving a questionnaire under Subsection (a) shall properly fill out the questionnaire and answer each question fully and correctly. A railroad company that is unable to answer a question shall give satisfactory reason for the inability to answer.

(c) A railroad company shall return the completed questionnaire, sworn to by the proper officer of the company, to the department not later than the 30th day after the date the company received the questionnaire.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.053: Refusal to Answer By Railroad Company Officer Or Employee; Criminal Penalty

(a) An officer or employee of a railroad company commits an offense if the officer or employee:

(1) fails or refuses to fill out and return a questionnaire to the department as required by law;

(2) fails or refuses to answer any question in a questionnaire;

(3) gives a false answer to any question in a questionnaire if the answer to the question is within the officer's or employee's knowledge; or

(4) evades the answer to any question in a questionnaire.

(b) An offense under this section is a misdemeanor punishable by a fine of $500 for each day that the officer or employee violates this section after the date the questionnaire is due to the department.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.054: Refusal to Answer By Railroad Company; Penalty

(a) A railroad company is liable to the state for a penalty of $500 if:

(1) an officer or employee of the company:

(A) fails or refuses to fill out and return a questionnaire under Section 111.052;

(B) fails or refuses to answer a question in a questionnaire under Section 111.052;

(C) gives a false answer to a question in a questionnaire under Section 111.052 and the fact inquired of is within the officer's or employee's knowledge; or

(D) evades the answer to such a question in a questionnaire under Section 111.052; and

(2) it appears that the officer or employee acted in obedience to the company's direction, permission, or request in the officer's or employee's failure, refusal, or evasion.

(b) The department may prescribe a system of bookkeeping to be observed by each railroad company that receives a questionnaire under Section 111.052, under the penalties of Subsection (a).

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.055: Witnesses

(a) This section applies only to the extent that it does not conflict with Chapter 2001, Government Code.

(b) In an examination or investigation under this chapter, the department may compel the attendance of witnesses and may issue subpoenas for witnesses in accordance with rules prescribed by the department. The officer to whom process is directed shall serve it.

(c) A witness who appears before the department by order of the department at a place outside the county where the witness resides is entitled to receive for the witness's attendance:

(1) $1 for each day; and

(2) three cents for each mile the witness travels, by the nearest practical route, in going to and returning from that place.

(d) On the presentation of proper vouchers, sworn to by the witness and approved by the department, the comptroller shall pay the witness the amount to which the witness is entitled.

(e) A witness is not entitled to fees or mileage if, when summoned at the request of a railroad, the witness:

(1) is directly or indirectly interested in the railroad;

(2) is in any way interested in stock, a bond, a mortgage, or a security, or the earnings of the railroad; or

(3) was an officer, agent, or employee of the railroad.

(f) A witness furnished with free transportation may not receive pay for the distance the witness travels on the free transportation.

(g) The department may issue an attachment as in civil cases for a witness who fails or refuses to obey a subpoena and may compel the witness to appear before the department and testify on a matter as the department requires.

(h) If a witness, after being summoned, fails or refuses to attend or to answer a question asked of the witness that the witness would be required to answer if in court, the department may fine and imprison the witness for contempt in the same manner that a judge of the district court might do under similar circumstances.

(i) The claim that testimony might tend to incriminate the person giving the testimony does not excuse a witness from testifying, but the evidence or testimony may not be used against the witness in a criminal trial.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.056: Depositions

(a) The department may in its discretion issue process to take the testimony of a witness by a written or oral deposition instead of compelling the personal attendance of the witness.

(b) An officer executing process issued under a provision of this subtitle or Subtitle D may charge a fee as determined by the department, not to exceed fees prescribed by law for similar services.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.057: Penalty Not Otherwise Provided

A railway company doing business in this state is liable to the state for a penalty of not more than $5,000 each time the railway company:

(1) violates any provision of this subtitle or Subtitle D or fails or refuses to perform any duty imposed upon it for which a penalty has not been provided by law; or

(2) fails, neglects, or refuses to obey any requirement, order, judgment, or decree of the department.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.058: Suits for Penalty

(a) For a penalty provided under this chapter that is recoverable by the state, the attorney general, or an attorney acting under the direction of the attorney general, may bring suit in the name of the state in:

(1) Travis County; or

(2) any county in or through which the railroad runs.

(b) The attorney bringing a suit under this section is entitled to receive:

(1) a fee to be paid by the state of $50 for each penalty recovered and collected by the attorney; and

(2) 10 percent of the amount collected.

(c) In all suits arising under this chapter or Section 112.003, the rules of evidence shall be the same as in ordinary civil actions, except as otherwise provided by this chapter.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter C

Sec. 111.101: Implementation of Federal Safety Laws; Fees

(a) The department may perform any act, adopt any rules, and issue any orders as permitted by the Federal Railroad Safety Act of 1970, originally codified as 45 U.S.C. Sections 421, 431 et seq. and recodified in 1994 as 49 U.S.C. Sections 20101-20117, 20131, 20133-20141, 20143, 21301, 21302, 21304, 21311, 24902, and 24905 and Sections 4(b)(1), (i), and (t) of Pub. L. No. 103-272.

(b) The department by rule shall:

(1) adopt reasonable fees to be assessed annually against railroads operating within the state; and

(2) establish the method by which the fees are calculated and assessed.

(c) The total amount of fees estimated to be collected by rules adopted by the department under this section may not exceed the amount estimated by the department to be necessary to recover the costs of administering the department's rail safety program.

(d) In adopting a fee structure, the department may consider the gross ton miles for railroad operations within this state for each railroad operating in the state to provide for the equitable allocation among railroads of the cost of administering the department's rail safety program.

(e) A fee collected under this section shall be deposited to the credit of the general revenue fund to be used for the rail safety program.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.102: Hazardous Materials Inspections

(a) The department may enter private property on which a railroad facility that is connected to but not a part of a general railroad system of transportation is located at a reasonable time and in a reasonable manner to perform an inspection, investigation, or surveillance of facilities, equipment, records, and operations relating to the packaging, loading, or transportation of hazardous materials to determine whether the railroad facility complies with the applicable safety requirements of this chapter or a rule adopted under this chapter.

(b) In performing an inspection under this section, the department may not require a railroad facility owner or operator to alter or cease rail operations.

(c) Any inspection, investigation, or surveillance performed on the site of a manufacturing facility shall be performed in compliance with the safety rules of the facility, including a rule regarding security clearance at the front gate if appropriate.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 111.103: High-Speed Rail Safety Standards

(a) For the purposes of this section, "high-speed rail" means passenger rail service capable of operating at speeds greater than 185 miles per hour.

(b) On application by a railroad company, the department by rule may adopt safety standards for high-speed rail systems, including rolling stock, for that railroad company.

(c) In adopting safety standards under Subsection (b), the department:

(1) shall consider the safety records of high-speed rail systems, including rolling stock, operated in countries with a history of safe high-speed rail service; and

(2) may require the railroad company to construct grade separations or physical barriers to isolate the railroad company's high-speed rail systems from streets, roadways, or existing freight or passenger railroads.

(d) A railroad company is not required to submit an application to the department under Subsection (b) if the railroad company is operating under safety standards approved by the Federal Railroad Administration or another federal agency.

(e) The department by rule shall impose a reasonable fee on a railroad company that submits an application under Subsection (b) to recover costs incurred by the department in administering this section.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 1047 (H.B. 3771), Sec. 1, eff. September 1, 2011.

Chapter 112

Subchapter A

Sec. 112.001: Definition of Person

In this chapter:

(1) "person" includes a corporation, as provided by Section 312.011, Government Code; and

(2) the definition of "person" assigned by Section 311.005, Government Code, does not apply.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.002: General Rights of Railroads

(a) A railroad company has the right to succession.

(b) A railroad company may:

(1) sue, be sued, plead, and be impleaded in its corporate name;

(2) have and use a seal and alter the seal at will;

(3) receive and convey persons and property on its railway by any mechanical power, including the use of steam;

(4) regulate the time and manner in which, and the compensation for which, passengers and property are transported, subject to the provisions of law;

(5) exercise the power of eminent domain for the purposes prescribed by this subtitle or Subtitle D;

(6) purchase, hold, and use all property as necessary for the construction and use of its railway, stations, and other accommodations necessary to accomplish company objectives, and convey that property when no longer required for railway use; and

(7) take, hold, and use property granted to the company to aid in the construction and use of its railway, and convey that property in a manner consistent with the terms of the grant when the property is no longer required for railway use.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.003: Damages

A railroad subject to this subtitle or Subtitle D is liable to a person, firm, or corporation injured for the damages resulting from:

(1) a prohibited or unlawful act or thing that the railroad does or causes or permits to be done; or

(2) failure of the railroad to perform an act the railroad is required to perform under this subtitle or Subtitle D.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter B

Sec. 112.051: Entry Onto Private Property

(a) A railroad company is entitled to make an examination and survey for the company's proposed railway, to be performed as necessary to select the most advantageous route for the proposed railway, and, subject to Subsection (c), may enter on the lands or waters of any person or corporation for that purpose.

(b) A railroad company is responsible for any damages arising from an examination or survey under this section.

(c) Except for the purposes of performing a lineal survey, a railroad company may not enter on private real property for the purpose of condemning the property or any material on the property for any purpose until the company agrees with and pays the owner of the property all damages that may be caused to the owner's property by the condemnation of the property and by the construction of the company's road.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.052: Acquisition of Property for Change, Relocation, Or Abandonment of Railroad Line

(a) Subject to Subsection (b), a railroad company or a receiver of a railroad that changes, relocates, or abandons a line of railroad in this state may acquire by condemnation or otherwise land for:

(1) right-of-way;

(2) depot grounds;

(3) shops;

(4) roundhouses;

(5) water supply sites;

(6) sidings;

(7) switches;

(8) spurs; or

(9) any other purpose connected with or necessary to the building or operating of the line of railroad, as changed, relocated, or abandoned.

(b) Property acquired under this section must be declared for and charged with public use.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.053: Condemnation of Property: When Railroad Company and Owner Disagree

(a) A railroad company may acquire property by condemnation if the company cannot agree with the owner for the purchase of the property and the property is required for any of the following purposes:

(1) the incorporation of the railroad;

(2) the transaction of company business;

(3) depots, station buildings, and machine and repair shops;

(4) the construction of reservoirs for the water supply;

(5) the right-of-way, or new or additional right-of-way;

(6) a change or relocation;

(7) a roadbed;

(8) the shortening of a line;

(9) the reduction of grades;

(10) the double tracking of the railroad or the construction and operation of tracks; or

(11) any other purpose connected with or necessary to the building, operating, or running of the railroad.

(b) A railroad company may not, under this section, condemn property that is located more than two miles from the company's right-of-way.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.054: Condemnation of Property: Certain Terminal Switching Railroads

(a) This section applies only to the condemnation of property for a terminal switching railroad that:

(1) handles fewer than 10,000 but more than 3,000 carloads a year; and

(2) operates in a single county that:

(A) has a population of 110,000 or more;

(B) is not adjacent to the Texas border; and

(C) does not contain a portion of a national forest.

(b) The power to condemn property given to a railroad company under this subtitle or Subtitle D, including Section 112.052 or 112.053, does not apply to any property used for or designated under local zoning regulations for residential use unless the use of the condemned property is authorized under or in conformity with local zoning or development regulations.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.055: Right-of-Way Acquired By Condemnation

(a) A right-of-way that a railway company in this state acquires by condemnation does not include a fee simple estate in public or private land.

(b) A right-of-way that a railway company acquires by condemnation is not lost on forfeiture or expiration of the railway company's charter. The right-of-way remains subject to an extension of the charter or the grant of a new charter, and a new condemnation of the way is not required.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.056: Condemnation of Property for Certain Roads

(a) Subject to Subsection (b), a corporation created to build, maintain, and operate a line of railroads to a mine, gin, quarry, manufacturing plant, or mill may acquire by condemnation land necessary for the right-of-way for a road connecting the mine, gin, quarry, manufacturing plant, or mill to the nearest line of railroad.

(b) The corporation may condemn property under this section only if the corporation declares itself a common carrier and its railroads public highways, placing the road under the control of the department.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.057: Construction on Or Near Certain Waterways Or Roads

(a) A railroad company may construct the company's road across, along, or on any stream of water, water course, street, highway, turnpike, or canal where the route of the company's railway intersects or touches the stream, water course, street, highway, turnpike, or canal.

(b) The railroad company shall:

(1) restore the stream, water course, street, highway, turnpike, or canal to its former state or to a state in which its usefulness is not unnecessarily impaired; and

(2) keep the crossing in repair.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.058: Intersection of Rail Line and Road Or Street

Sections 112.051, 112.053, 112.054, 112.055, 112.057, 112.059, and 112.061 do not affect a law that requires a railroad company to provide a proper crossing at each intersection of a road or street.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.059: Crossings of Public Roads

(a) Each railroad company in this state shall place and keep the portion of the company's roadbed and right-of-way over or across which a public county road runs in proper condition for the use of the traveling public.

(b) A railroad company is liable for a penalty of $10 for each week the company does not comply with the requirements of this section if:

(1) the overseer of a public road gives written notice to the company's person responsible for maintaining the area where the work is needed; and

(2) the company fails to complete the work or repairs within 30 days after the date written notice is given under Subdivision (1).

(c) A county attorney, on the making of an affidavit of the facts by any person, shall immediately institute a suit against the railroad company to recover the penalty provided by this section. A county attorney's wilful failure or refusal to comply with this subsection is sufficient cause for the county attorney to be removed from office unless it is evident that the suit could not have been maintained.

(d) A proceeding under this section shall be conducted in the name of the county and in the same manner as a proceeding in a civil suit.

(e) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1141 , Sec. 4(3), eff. June 19, 2015.

(f) If the county is cast in the suit, the county may not be charged costs.

(g) A penalty collected under this section shall be deposited in the road and bridge fund of the county in which the suit is brought.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1141 (S.B. 287), Sec. 4(3), eff. June 19, 2015.

Sec. 112.060: Conversion of Property in Custody of Railroad Company

(a) A railroad company in this state or a receiver of a railroad company in this state may not confiscate or otherwise convert to the company's or receiver's own use, in whole or in substantial part, a carload shipment of any article or commodity of freight traffic received by the company or receiver for transportation and delivery without the express consent of the owner or consignee of the shipment.

(b) An act of an agent, officer, or employee of a railroad company or receiver under this section that is within the apparent scope of the agent's, officer's, or employee's duties or authority with respect to the confiscation or conversion is considered to be an act of the company or receiver.

(c) This section does not apply to a conversion of freight that has been damaged or intermingled with other freight in wrecks, or to refused or unclaimed freight, that the railroad is unable to deliver.

(d) In addition to all other remedies or penalties that may be provided by law, a railroad company or receiver that violates this section is subject to:

(1) a penalty in favor of the state of not less than $125 or more than $500; and

(2) an additional penalty in favor of the owner or consignee of the converted shipment equal to twice the amount of the purchase price of the converted shipment.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.061: Suit Involving Railroad Company Property

(a) If a railroad company is sued for property occupied by the company for railroad purposes or for damages to property occupied by the company for railroad purposes, the court in which the suit is pending may determine all matters in dispute between the parties, including the condemnation of the property, on petition or cross bill by the defendant requesting that remedy.

(b) A plea for condemnation under Subsection (a) is considered an admission of the plaintiff's title to the property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.062: Railroad Company Property Subject to Execution; Characterization of Rolling Stock

(a) All or any part of a railroad company's real and personal property is subject to execution and sale in the same manner as the property of individuals.

(b) No portion of a railroad company's real or personal property is exempt from execution and sale.

(c) The rolling stock and all other movable property belonging to a railroad company is considered personal property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter C

Sec. 112.101: Cattle Guards

(a) A railroad company whose railroad passes through a field or enclosure shall construct and keep in good repair a good and sufficient cattle guard or stop at each location the railroad enters the field or enclosure.

(b) If a field or enclosure through which a railway passes is enlarged or extended, or the owner of any land over which a railway runs clears and opens a field so as to include the track of a railway, the railroad company shall construct and keep in repair good and sufficient cattle guards or stops at the borders of the extended enclosures or fields or the new fields.

(c) A cattle guard or stop required by this section shall be constructed and kept in repair to protect the fields and enclosures from the depredations of stock of any kind.

(d) If a railroad company fails to construct and keep in repair a cattle guard or stop required by this section, the owner of the enclosure or field may:

(1) have the required cattle guards or stops constructed at the proper places and kept in repair; and

(2) recover from the company the costs of constructing or repairing the required cattle guards or stops, unless it is shown that the enlargement or extension was made capriciously and with intent to harass and molest the company.

(e) A railroad company that neglects to construct or keep in repair a proper cattle guard or stop as required by this section is liable to a party injured by the neglect for all damages that may result from the neglect. The injured party may seek to recover the damages by filing suit.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.102: Liability for Death Or Injury to Stock

(a) Subject to Subsection (b), a railroad company is liable to the owner for the value of all stock killed or injured by the company's locomotives and cars operating over the company's railways, regardless of whether the county or subdivision of a county in which the death or injury occurs has, under Subchapter B or D, Chapter 143, Agriculture Code, prohibited certain animals from running at large.

(b) A railroad company that fences its railway is liable only for injury to stock that results from a want of ordinary care.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.103: Duty to Stop and Render Aid; Offense

(a) In this section, "operator" means the person assigned by a railroad company to be responsible for the operation of a train.

(b) An operator who is involved, while operating a locomotive, in an accident resulting in injury to or death of a person or damage to a vehicle that is driven or attended by a person shall immediately stop the locomotive at the scene of the accident.

(c) The operator shall render to a person injured in the accident reasonable assistance, including transporting, or the making of arrangements for transporting, the person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the injured person requests transportation.

(d) A person who violates this section commits an offense. An offense under this subsection is a Class C misdemeanor.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter D

Sec. 112.151: Applicability of Subchapter

Notwithstanding any other law, this subchapter does not apply to the portion of a person's, receiver's, or corporation's operations that:

(1) consists solely of the fabrication, manufacture, repair, or storage of rail rolling stock; or

(2) uses rail cars solely as a part of its own internal manufacturing or production process.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.152: Liability Generally for Injury to Or Death of Employee

(a) A corporation, receiver, or other person operating a railroad in this state is liable for damages to a person who, while employed by the railroad operator, is injured as a result of:

(1) the negligence of an officer, agent, or employee of the railroad operator; or

(2) any defect or insufficiency due to the railroad operator's negligence in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

(b) If an employee dies as a result of the negligence, defect, or insufficiency described by Subsection (a), the railroad operator is liable to the employee's personal representative for the benefit of the employee's surviving spouse and children and the employee's parents or, if the employee is not survived by a spouse, child, or parent, to the employee's next of kin who is dependent on the employee.

(c) Damages recovered under Subsection (b) are not liable for the debts of the deceased and shall be divided among the persons entitled to the benefit of the action who are living, in shares the fact finder considers proper.

(d) An action under Subsection (b) may be brought without administration by all parties entitled to damages under that subsection, or by any one or more of those parties, for the benefit of all of those parties. If all parties entitled to recover are not before the court, the action may proceed for the benefit of the parties who are before the court.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.153: Contributory Negligence

(a) In an action under Section 112.152, the employee's contributory negligence is not a bar to recovery but the fact finder shall reduce the employee's damages in proportion to the amount of contributory negligence attributable to the employee.

(b) An employee may not be found contributorily negligent in a case in which the railroad operator's violation of a statute enacted for the safety of employees contributed to the employee's injury or death.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.154: Assumed Risk

(a) The plea of assumed risk is not available as a bar to recovery of damages in a suit brought in a court in this state against a corporation, receiver, or other person operating a railroad, interurban railway, or street railway in this state for the recovery of damages for the death of or personal injury to an employee caused by the wrong or negligence of the railroad or railway operator. An employee assumes the ordinary risk incident to the employee's employment but does not assume the risk resulting from any negligence of the employee's employer, regardless of whether the negligence is known to the employee.

(b) If in a suit described by Subsection (a) it is alleged and proven that the deceased or injured employee was negligent in continuing in the service of the railroad or railway operator in view of the risk, dangers, and hazards of which the employee knew or must necessarily have known, in the ordinary performance of the employee's duties, that fact does not bar the employee's recovery, but is considered contributory negligence. If contributory negligence described by this subsection proximately caused or contributed to the cause of the death or injury, the damages recoverable by the employee or the employee's heirs or representatives shall be reduced only in proportion to the amount of negligence attributable to the employee.

(c) An employee of a railway company who is injured while engaged in the operation of a train in this state that is propelled by two or more engines is not considered to have assumed the risk of that injury if the injury is a result of the operation of two or more engines on the train rather than one.

(d) In an action against a railroad operator under Section 112.152, an employee may not be held to have assumed the risk of the employee's employment in a case in which the railroad operator's violation of a statute enacted for the safety of employees contributed to the employee's injury or death.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.155: Certain Provisions Void

A provision of a contract, rule, or device the purpose of which is to exempt a railroad operator from liability under Section 112.152 is void to the extent of the purported exemption.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.156: Liability Offset

In an action against a railroad operator under Section 112.152, the railroad operator may offset the railroad operator's liability by the amount of the railroad operator's contribution or payment to any insurance, relief benefit, or indemnity from which benefits have been paid to the injured employee or another person entitled to the benefits as a result of the injury or death that is the subject of the action.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.157: Construction of Certain Sections

(a) Sections 112.152, 112.153, 112.154(d), 112.155, and 112.156 do not:

(1) limit the duty or liability of a railroad operator or impair the rights of an employee under the Revised Statutes of 1925; or

(2) affect a right of action under another law of this state.

(b) Except as provided by Section 112.151, a section listed in Subsection (a) controls over any other provision of the Revised Statutes of 1925 with which it conflicts.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 112.158: Injury to Fellow Servant

(a) This section applies only to a corporation, receiver, or other person that controls or operates a railroad or street railway the line of which is located wholly or partly in this state.

(b) An entity described by Subsection (a) is liable for damages sustained by an employee of the entity while the employee is engaged in the work of operating the cars, locomotives, or trains of the entity as a result of the negligence of any other employee of the entity, regardless of whether the negligent employee and the employee who sustained the damages are considered fellow servants.

(c) Persons who are engaged in the common service of an entity described by Subsection (a) are considered fellow servants only if the persons are:

(1) employed in the same grade of employment;

(2) doing the same character of work or service; and

(3) working together at the same time and place and at the same piece of work for a common purpose.

(d) A person engaged in the service of an entity described by Subsection (a) is considered a vice principal of that entity if the person is entrusted by the entity with the authority of superintendence, control, or command of the other employees of the entity, with the authority to direct any other employee in the performance of any duty of the employee.

(e) A vice principal of an entity described by Subsection (a) is not considered a fellow servant with other employees of the entity.

(f) A contract between an employer and employee that limits the employer's liability under this section in the event of the death of or injury to the employee or setting damages that may be recovered under this section is not valid or binding.

(g) This section does not impair or diminish the defense of contributory negligence if the injury of the employee is proximately caused by the employee's own contributory negligence.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter E

Sec. 112.201: Definition

In this subchapter, "high-speed rail" means passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017.

Sec. 112.202: Applicability

This subchapter applies only to high-speed rail operated by a private entity.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017.

Sec. 112.203: Department of Public Safety Powers and Duties

(a) To the extent not preempted by federal law, the Department of Public Safety:

(1) shall administer and enforce the provisions of this subchapter; and

(2) may adopt rules as necessary to administer this subchapter.

(b) In carrying out the powers and duties under this subchapter, the Department of Public Safety:

(1) has the same authority granted to the Texas Department of Transportation under Subchapter B, Chapter 111; and

(2) shall ensure that rules and standards adopted under this subchapter are consistent with applicable federal rules, regulations, and standards.

(c) The Department of Public Safety shall provide the emergency management training course described by Section 418.005, Government Code, to employees of a high-speed rail operator designated under Section 112.204(c).

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017.

Sec. 112.204: Security

(a) A high-speed rail operator shall:

(1) in the manner required by law for intercity passenger railroads, implement all security requirements of the Transportation Security Administration or its successor agency;

(2) conduct periodic risk-based threat and vulnerability assessments; and

(3) in consultation with the Transportation Security Administration, implement appropriate security measures in response to results of the assessments, which may include:

(A) establishing effective intrusion protection and access controls for railroad-owned facilities and the rail corridor;

(B) instituting active or passive passenger screening protocols; and

(C) providing appropriate levels of onboard security for all revenue service trains.

(b) A high-speed rail operator shall collect and investigate security threat reports submitted by members of the public.

(c) A high-speed rail operator shall:

(1) designate employees who are managers or supervisors and whose position description, job duties, or assignment includes emergency management responsibilities; and

(2) require those employees to complete the emergency management training described by Section 418.005, Government Code.

(d) A high-speed rail operator may not use the services of a peace officer employed by this state or a political subdivision of this state unless the operator compensates the state or political subdivision, as applicable, for the officer's time.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017.

Sec. 112.205: Coordination with Other Entities

(a) A high-speed rail operator shall coordinate security activities and investigations with federal, state, and local law enforcement agencies, including by communicating about credible threats, major events, and vulnerable places along the rail line or on a train.

(b) A high-speed rail operator shall communicate as appropriate with the state Emergency Management Council and the Texas Division of Emergency Management about safety and security issues.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 1118 (S.B. 975), Sec. 1, eff. September 1, 2017.

Subtitle D

Chapter 131

Subchapter A

Sec. 131.001: Definition of Person

In this chapter:

(1) "person" includes a corporation, as provided by Section 312.011, Government Code; and

(2) the definition of "person" assigned by Section 311.005, Government Code, does not apply.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter B

Sec. 131.011: Definition

In this subchapter, "interurban electric railway company" means a corporation chartered under the laws of this state to conduct and operate an electric railway between two municipalities in this state.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.012: Eminent Domain

A corporation chartered for the purpose of constructing, acquiring, maintaining, or operating lines of electric railway between municipalities in this state for the transportation of freight, passengers, or both freight and passengers may:

(1) exercise the power of eminent domain with all the rights and powers granted by law to a railroad company; and

(2) enter, condemn, and appropriate land, right-of-way, easements, or other property of any person or corporation to acquire:

(A) right-of-way on which to construct and operate lines of railway for the acquiring corporation; or

(B) sites for depots or power plants.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.013: Right-of-Way

(a) A corporation described by Section 131.012 may:

(1) lay out right-of-way not to exceed 200 feet in width for its railways;

(2) construct its railways and appurtenances on that right-of-way; and

(3) with compensation being made in accordance with law:

(A) take for the purpose of cuttings and embankments additional land necessary for the proper construction and security of its railways; and

(B) cut down any tree or remove any structure that may be in danger of falling on or obstructing its railway.

(b) The corporation may:

(1) have an examination and survey of its proposed railway made as necessary to select the most advantageous route; and

(2) for the purposes of Subdivision (1), enter on the land or water of any person or corporation, subject to responsibility for all damages that may be caused by the entrance, examination, or survey.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.014: Construction of Railway Along Or Over Waterway Or Infrastructure

(a) A corporation described by Section 131.012 may construct its railway along, across, or over any stream, water course, bay, navigable water, arm of the sea, street, highway, steam railway, turnpike, or canal located in the route of its electric railway.

(b) The corporation may erect and operate a bridge, tram, trestle, or causeway, over, along, or across any stream, water course, bay, navigable water, arm of the sea, street, highway, turnpike, or canal described by Subsection (a).

(c) A bridge or other structure described by Subsection (b) may not be erected so as to unnecessarily or unreasonably prevent the navigation of the stream, water course, bay, arm of the sea, or navigable water.

(d) This section does not authorize the construction of an electric railway on or across a street, alley, square, or property of a municipality without the consent of the governing body of the municipality.

(e) Before constructing an electric railway along or on a highway, turnpike, or canal, an interurban electric railway company must obtain the consent of the authority having jurisdiction over the highway, turnpike, or canal.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.015: Use of Electric Street Railway Tracks

(a) An interurban electric railway company's power of eminent domain under this subchapter includes the power to condemn for its use and benefit easements and right-of-way to operate interurban cars along and on the track of an electric street railway company owning, controlling, or operating track on any public street or alley in a municipality for a purpose described by Subsection (b), subject to the consent, authority, and control of the governing body of the municipality.

(b) Condemnation under Subsection (a) may be used only to secure an entrance into and an outlet from a municipality on a route designated by the governing body of the municipality.

(c) In a proceeding to condemn an easement or right-of-way under this section, the court or the jury trying the case shall define and establish the terms on which the easement or right-of-way may be used.

(d) A court rendering a judgment in a proceeding under this section may review and reform the terms of a grant and the provisions of the judgment on a subsequent application by a party to the original proceeding or a person claiming through or under a party to the original proceeding.

(e) The hearing on an application brought under Subsection (d) is in the nature of a retrial of the proceeding with respect to the terms on which the easement may be used except that the court may not declare the easement forfeited or impair the exercise of the easement.

(f) An application under Subsection (d) may not be made before the second anniversary of the date of the final judgment on the most recent application.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.016: Time Required for Construction

The rights secured under this chapter by an interurban electric railway company are void unless the road to be constructed under the charter of the company is fully constructed from one municipality to another within 12 months of the date of the final judgment awarding the company an easement or right-of-way under Section 131.015.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.017: Use of Condemned Track

(a) Unless the company whose track is condemned under this subchapter consents, an interurban electric railway company exercising the powers granted under this chapter may not receive for transportation freight or passengers at any location on the condemned track destined to another location on the condemned track.

(b) A company that wilfully violates Subsection (a) forfeits the easement or right-of-way used to provide the transportation.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter C

Sec. 131.031: Definition

In this subchapter, "interurban railway" means an electric or other interurban line of railway in this state.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.032: Acquisition of Railway Property Authorized

(a) A corporation organized under the laws of this state that is authorized to construct, acquire, and operate an interurban railway may:

(1) acquire, lease, or purchase the physical property, rights, and franchise of any other railway corporation with similar powers; or

(2) lease or purchase physical property, rights, and franchises of any suburban or street railway corporation the railway lines of which are to be operated in connection with the interurban railway.

(b) The owner of physical property or a right or franchise described by Subsection (a)(1) or (2) may sell or dispose of the property, right, or franchise to the corporation making an acquisition, lease, or purchase under Subsection (a).

(c) An acquisition or purchase under this section may be on the terms:

(1) agreed to by the board of directors of each corporation; and

(2) authorized or approved by a majority of the stockholders of each corporation.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.033: Municipal Consent Required

(a) Before selling property under this subchapter, a corporation that owns or operates a street car railway must obtain the consent of the governing body of the municipality in which the street car line is located.

(b) This subchapter does not affect a charter provision of a municipality that provides for the right of qualified voters of the municipality to vote on the granting or amending of franchise to a street or interurban railway.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.034: Use of Street Railways

A corporation authorized to construct, acquire, and operate an interurban railway and a corporation owning and operating a street railway may enter into a trackage or lease contract to allow for continuous passage into or through a municipality, subject to the consent of the governing body of the municipality.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.035: Limitation on Acquisition

A corporation described by this subchapter may not:

(1) acquire, own, control, or operate a parallel or competing interurban line; or

(2) purchase, lease, acquire, own, or control, directly or indirectly, the shares or certificates of stock or bonds, a franchise or other right, or the physical property or any part of the property, of any corporation in violation of the law commonly known as the antitrust law.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter D

Sec. 131.061: Interurban Electric Railways

An interurban electric railway company, as defined by Section 131.011, is entitled to produce, supply, and sell electric light and power to the public and to municipalities.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.062: Supply and Sale of Electricity By Street, Suburban, Or Belt Line Railway

A corporation organized under the general laws of this state that owns or operates with electric power any street or suburban railway or belt line of railways in and near a municipality for the transportation of freight and passengers within this state may:

(1) supply and sell electric light and power to the public or a municipality;

(2) acquire or otherwise provide appliances necessary for an activity authorized by Subdivision (1); and

(3) in the manner provided by law, amend its articles of incorporation to expressly include the authority under this section.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter E

Sec. 131.101: Applicability

This subchapter applies only to a person or corporation owning or operating a street railway in or on the public streets of a municipality with a population of 40,000 or more.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.102: Children Younger Than 13 Years of Age

(a) The owner or operator of a street railway shall transport a child younger than 13 years of age for half the fare regularly collected for the transportation of an adult.

(b) This section does not apply to the transportation of a child to or from a school or other institution of learning located one mile or more outside the corporate limits of the municipality in which the street car operates.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.103: Students

(a) The owner or operator of a street railway shall sell or provide for the sale of tickets for half of the regular fare collected for the transportation of adults to students younger than 18 years of age who attend academic, public, or private school in a grade not higher than the highest grade of the public high schools located in or adjacent to the municipality in which the railway is located.

(b) Tickets under this section must be sold in lots of 20, with each ticket valid for one trip over the railway lines.

(c) Tickets under this section are not required to be sold unless the student making the purchase presents the written certificate of the principal of the school the student attends stating that the student:

(1) is younger than 18 years of age; and

(2) is in regular attendance at a school in a grade that qualifies under Subsection (a).

(d) Tickets under this section are not required to be sold and may not be used except during the months when a school qualifying under Subsection (a) is in session.

(e) A student described by Subsection (a) shall be transported at half fare only when the student presents a ticket issued under this section.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.104: Children Younger Than Six Years of Age

The owner or operator of a street railway shall transport free of charge a child younger than six years of age when attended by a passenger who is at least six years of age.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.105: Transfer Rights

The owner or operator of a street railway shall offer a passenger paying a reduced fare or no fare under this subchapter the same rights as to the use of transfers issued by the owner or operator's line or other lines as offered to a passenger paying full fare.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subchapter Z

Sec. 131.901: Street and Suburban Railways

(a) Street and suburban railways engaged in the transportation of freight in and near a municipality are subject to the control of the department.

(b) A street railway company is not exempt from payment of assessments that may be imposed against it for street improvements.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.902: Freight Interurban Railways

(a) An entity incorporated as an electric, gas or gasoline, denatured alcohol, or naphtha interurban or motor railway that engages in transporting freight is subject to the control of the department.

(b) A corporation described by Subsection (a) is not exempt from payment of assessments that may be imposed against it for street improvements.

(c) An interurban railway described by Subsection (a):

(1) may exercise the same power of eminent domain as given by law to railroads;

(2) may exercise the power of eminent domain to acquire right-of-way on which to construct its railway lines and sites for depots and power plants;

(3) has the same rights, powers, and privileges as granted by law to an interurban electric railway company; and

(4) may acquire, hold, and operate other public utilities in and adjacent to a municipality in or through which the company operates.

(d) An interurban railway company described by Subsection (a) may not condemn property on which is located a cemetery unless it is affirmatively shown, and found by the court trying the condemnation suit, that:

(1) it is necessary to take the property; and

(2) no other route is possible or practicable.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.903: Buildings and Other Facilities: Certain Railways

A corporation organized before September 1, 1925, under any law of this state, that operates a line of electric, gas or gasoline, denatured alcohol, or naphtha motor railway in and between municipalities in this state, may:

(1) own and operate union depots and office buildings; and

(2) acquire, hold, and operate electric light and power plants in and adjacent to a municipality in or through which the railway operates.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Sec. 131.904: Motor Bus Lines

(a) This section applies only to a corporation authorized to operate a street or suburban railway or an interurban railway and to carry passengers for hire.

(b) Subject to the approval of the governing body of the municipality in which the corporation operates its railway, the corporation may:

(1) substitute, wholly or partly, motor bus lines for its railway; and

(2) maintain and operate automobile motor buses to carry passengers for hire on:

(A) public roads, streets, plazas, alleys, and highways within the corporate limits of a municipality under regulations prescribed by the municipality; and

(B) public roads and highways that are located outside the corporate limits of that municipality but within five miles of the corporate limits, under regulations prescribed by the commissioners court of the county.

(c) The substitution of motor buses or the discontinuance of a railway under this section does not impair any corporate power of a corporation incorporated before August 30, 1933, as a street or interurban railway with respect to the operation of other public utilities authorized by a corporate charter or statute in effect on August 30, 1933.

(d) A corporation acting under this section must amend its charter and pay any fee provided by law for the filing of the amendment.

(e) This section may not be construed to impair the rights of a municipality under a franchise granted to a corporation or its predecessor before August 30, 1933.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.03, eff. April 1, 2011.

Subtitle I

Chapter 171

Subchapter A

Sec. 171.001: Definitions

In this chapter:

(1) "Board" means the district's board of directors.

(2) "Bonds" has the meaning assigned by Section 172.001.

(3) "District" means a freight rail district created under this chapter.

(4) "Rail facilities" has the meaning assigned by Section 172.001, except that the term includes property and interests necessary or convenient for the provision of a nonrural rail transportation system.

(5) "Revenue" has the meaning assigned by Section 172.001.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.03, eff. April 1, 2011.

Sec. 171.002: Applicability of Rural Rail Transportation Districts Law

(a) Except as provided by this chapter, the provisions of Chapter 172 other than Section 172.003 apply to a district as if the district were created under that chapter.

(b) For purposes of applying Chapter 172 to a district created under this chapter, a reference to "rail facilities" in Chapter 172 means "rail facilities" as defined by Section 171.001.

(c) For purposes of applying Chapter 172 to a district created under this chapter, a reference in Chapter 172 to "eligible county" means a county that created the district.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.04, eff. April 1, 2011.

Subchapter B

Sec. 171.051: Applicability to Certain Counties

A district may be created only in a county with a population of 3.3 million or more and counties adjacent to such a county.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.052: Creation By Counties and Municipalities

(a) The governing body of one or more counties and the most populous municipality in the most populous county may by concurrent order or ordinance create a district. At the time of creation, a district must include:

(1) a county with a population of 3.3 million or more; and

(2) that municipality.

(b) The order or ordinance creating the district:

(1) must specify:

(A) the number of district directors and who appoints the directors; and

(B) the method of selecting the board's presiding officer; and

(2) may specify terms and conditions that are not expressly inconsistent with this chapter.

(c) If the most populous county in the district contains a countywide navigation district and the presiding officer of the navigation district is jointly appointed by that county and the most populous municipality in that county, the order or ordinance creating the district must specify that:

(1) the presiding officer of the navigation district is a director of the freight rail district; and

(2) at least one director must be jointly appointed by the mayors of the municipalities in the district, except for the mayor of the most populous municipality in the most populous county.

(d) The common law doctrine of incompatibility does not apply to a director serving under Subsection (c)(1) with regard to the director's service for the freight rail district or for the navigation district.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.053: Intermunicipal Commuter Rail District Powers

The governing bodies of the county or counties and of the most populous municipality in the most populous county may provide that the district may exercise the powers of an intermunicipal commuter rail district created under Chapter 173 or former Article 6550c-1, Revised Statutes, including the powers related to a commuter rail facility and other types of passenger rail services, including intercity rail services, by specifying in the concurrent order or ordinance creating the district that those powers may be exercised by the district.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 33 (H.B. 2433), Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.05, eff. April 1, 2011.

Sec. 171.054: District Territory

The district consists of the territory of:

(1) each county that created the district;

(2) each county added to the district under Section 171.055; and

(3) the territory of the most populous municipality in the most populous county if that municipality's territory is located in more than one county.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 2, eff. June 17, 2011.

Sec. 171.055: Addition of County to District

(a) A county may be added to a district if:

(1) the county is adjacent to a county with a population of 3.3 million or more that created the district; or

(2) the county:

(A) is adjacent to a county that is added to the district under Subdivision (1); and

(B) contains a navigation district.

(b) The following governing bodies must by joint resolution approve the addition of the county to the district:

(1) the commissioners court of the county to be added to the district;

(2) the commissioners court of each county in the district; and

(3) the governing body of the most populous municipality in the most populous county in the district.

(c) The resolution must include the number of directors the new county will have on the board.

(d) On adoption of the resolution by each commissioners court and the governing body of the municipality, the county is added to the district.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 3, eff. June 17, 2011.

Subchapter C

Sec. 171.101: Composition of Board; Presiding Officer

(a) The board consists of directors, including a presiding officer, as provided in the order or ordinance creating the district under Section 171.052(b).

(b) The board shall add directors for each county added to the district as provided in the joint resolution adding the county under Section 171.055.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 4, eff. June 17, 2011.

Sec. 171.102: Ex Officio Nonvoting Director; Texas Transportation Commission

The Texas Transportation Commission may appoint to the board a representative to serve as a nonvoting ex officio director.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.103: Conflict of Interest

Chapter 171, Local Government Code, governs conflicts of interest for directors.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Subchapter D

Sec. 171.151: Regional Mobility Authority Powers

A district may exercise the transportation project powers of a regional mobility authority under Chapter 370 for a transportation project that is a freight rail facility.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.152: General Contract Powers

A district may contract with any person, including:

(1) a county or municipality, including a county or municipality that is a member of the district;

(2) this state or any political subdivision of this state;

(3) the United States; or

(4) a railroad.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 5, eff. June 17, 2011.

Sec. 171.153: Exercise of Powers in Other Counties

The commissioners court of a county that is not in the district may authorize the district to exercise its powers in that county if that county is adjacent to a county that is in the district.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.154: Intermunicipal Commuter Rail Powers

(a) The district may exercise the powers of an intermunicipal commuter rail district created under Chapter 173 or former Article 6550c-1, Revised Statutes, only if the concurrent order or ordinance creating the district specifies that the district may exercise those powers. The order or ordinance may not grant the district the power to impose a tax.

(b) In the event of a conflict between this chapter and a power granted by Chapter 173, this chapter controls. In the event of a conflict between Chapter 173 and Chapter 172, Chapter 172 controls over Chapter 173.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.06, eff. April 1, 2011.

Sec. 171.155: Municipal Limit on District's Power of Eminent Domain

If the property to be condemned is located in the corporate limits of one or more municipalities, the district may exercise the power of eminent domain to condemn the property only if each municipality in which the property is located consents to the exercise of that power.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Subchapter E

Sec. 171.201: Agreement with Railroad

(a) Before a district may undertake a freight or commuter rail project that materially affects the tracks, facilities, or other property of a railroad that owns track in the district, the district and railroad must enter into a written agreement regarding the scope, operational impact, financing, and other elements of the project. The district may not undertake the project unless the district and the railroad agree on these terms.

(b) The agreement may include provisions for the railroad's financial participation in the project according to the benefits the railroad derives from the project.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.202: Preservation of Regulatory Structure and Ownership Rights

A district project may be conducted only in a manner that preserves the existing rail industry regulatory structure and railroad ownership rights.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.203: Competitive Relationships

The district may not undertake a project that changes the existing competitive relationships between and among railroads.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.204: Service to Customers

The district may not undertake a project that negatively affects a railroad's present or future ability to provide consistent service to its customers.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.205: Use of District Rail Facilities

This chapter does not prohibit the district from authorizing multiple freight railroads to operate on district rail facilities.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.206: Limitation on Eminent Domain

The power of eminent domain may not be exercised under this chapter to condemn a right-of-way owned by a railroad.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.207: Exception; Grade Separation Projects

This subchapter does not apply to a rail-roadway or rail-rail grade separation project.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Subchapter F

Sec. 171.251: Pledge of Revenue

A district may secure and pledge revenue derived from any source to secure the payment of district bonds.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.07, eff. April 1, 2011.

Sec. 171.252: Purchase Contracts

Subchapter O, Chapter 60, Water Code, as added by Chapter 307, Acts of the 78th Legislature, Regular Session, 2003, applies to the district as if the district were a navigation district under that subchapter. For the purposes of applying that subchapter to the district under this section, "commission" means the board.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.253: Ad Valorem and Sales and Use Taxes Prohibited

A district may not impose an ad valorem tax or a sales and use tax.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.254: Fees Charged to Railroads

(a) A district may not impose a fee or other charge on a railroad unless the railroad agrees to the fee or other charge.

(b) This section does not prohibit a railroad from voluntarily contributing to the cost of rail facilities or prohibit the district from charging for the use of a rail facility by a railroad or other person.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.255: Port Terminal Railroad Association Rail Facilities

The district may not spend money, including money from state or federal grants, to purchase a rail facility operated by a port terminal railroad.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Sec. 171.256: Local Government Financing

(a) Section 173.256(d), relating to the limit on payments made by a local government, does not apply to a district to which Section 171.053 applies.

(b) A district to which Section 171.053 applies may use money paid to the district by a local government outside the territory of the local government if the money is used for a public purpose of the local government.

(c) A district to which Section 171.053 applies may pledge money paid to the district by a local government to secure the payment of a district debt.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 33 (H.B. 2433), Sec. 2, eff. September 1, 2009.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.002, eff. September 1, 2011.

Subchapter G

Sec. 171.301: Withdrawal

(a) A county or municipality that is a member of the district may petition the board for approval to withdraw from the district. The board may approve the petition only if:

(1) the district has no outstanding bonds; or

(2) the district has debt other than bonds and the board finds that the withdrawal of the county or municipality will not materially affect the ability of the district to repay the debt.

(b) If the board approves the petition, the county or municipality that withdrew from the district is not entitled to appoint directors to the board. The remaining counties or municipality by concurrent order or ordinance shall allocate among themselves the authority of the withdrawing county or municipality to appoint directors to the board.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 449 (S.B. 1578), Sec. 6, eff. June 17, 2011.

Sec. 171.302: Dissolution

In addition to the dissolution procedures provided by Chapter 172, the board may dissolve a district if:

(1) all district liabilities have been paid or adequate provision has been made for the payment of all liabilities;

(2) the district is not a party to any lawsuits or adequate provision has been made for the satisfaction of any judgment or order that may be entered against the district in a lawsuit to which the district is a party; and

(3) the district has commitments from other governmental entities to assume jurisdiction of all district rail facilities.

Comments

Added by Acts 2005, 79th Leg., Ch. 756 (H.B. 2958), Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 4.08, eff. April 1, 2011.

Chapter 172

Subchapter A

Sec. 172.001: Definitions

In this chapter:

(1) "Board" means a district's board of directors.

(2) "Bonds" means:

(A) bonds;

(B) notes, including bond anticipation notes, revenue anticipation notes, and grant anticipation notes;

(C) warrants;

(D) certificates of obligation;

(E) interest-bearing contracts;

(F) interest-bearing leases of property;

(G) equipment trust certificates;

(H) commercial paper; and

(I) any obligation issued to refund any type of bond.

(3) "Director" means a board member.

(4) "District" means a rural rail transportation district created under this chapter or under Chapter 623, Acts of the 67th Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas Civil Statutes), as that chapter existed before April 1, 2011.

(4-a) "Intelligent transportation system" means:

(A) innovative or intelligent technological transportation systems, infrastructure, or facilities, including elevated freight transportation facilities:

(i) in proximity to, or within, an existing right-of-way on the state highway system; or

(ii) that connect land ports of entry to the state highway system;

(B) communications or information processing systems that improve the efficiency, security, or safety of freight movement on the state highway system, including improving the conveyance of freight on dedicated intelligent freight lanes; or

(C) a transportation facility or system that increases truck freight efficiencies in the boundaries of an intermodal facility or hub.

(5) "Maintenance facility" includes a workshop, a service, storage, security, or personnel facility, temporary or transient lodging for district employees, and equipment for any type of facility.

(6) "Maintenance and operating expenses" means all expenses of operating and maintaining a district and its rail facilities, including:

(A) all compensation, labor, materials, repairs, and extensions necessary, required, or convenient in the board's discretion to render efficient service or to maintain and operate the district; and

(B) taxes or other amounts paid, payable, or to be paid to the United States under Section 148(f), Internal Revenue Code of 1986, or any similar law.

(7) "Rail facilities" means:

(A) passenger or freight rail facilities, 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;

(B) an intermodal hub;

(C) an automated conveyor belt for the movement of freight;

(D) an intelligent transportation system that operates with or as part of facilities described by Paragraphs (A)-(C); or

(E) a system of facilities described by Paragraphs (A)-(D).

(8) "Revenue" means the income, receipts, and collections received by, to be received by, or pledged to the district from or by any source, except a restricted gift or a grant in aid of construction.

(9) "Right-of-way" means:

(A) a right of passage over property;

(B) a strip of land in length and width determined required, necessary, or convenient by the board over, on, or under which trackwork is or is to be constructed or acquired; or

(C) a right of precedential passing.

(10) "Rolling stock" means a locomotive, an engine, a rail car, a repair construction car, or another car designed to operate on trackwork.

(11) "Trackwork" means track, a track bed, track bed preparation, a tie, a rail fastener, a slab, a rail, an emergency crossover, a setout track, storage track, and a switch.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 786 (H.B. 2557), Sec. 1, eff. June 15, 2017.

Sec. 172.002: Nature of District

(a) A district is a public body and a political subdivision of this state exercising public and essential governmental functions.

(b) A district, in the exercise of powers under this chapter, is performing only governmental functions and is a governmental unit under Chapter 101, Civil Practice and Remedies Code.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.003: Findings

The legislature finds that:

(1) the state contains many rural areas that are heavily dependent on agriculture for economic survival;

(2) transportation of agricultural and industrial products is essential to the continued economic vitality of rural areas;

(3) the rail transportation systems in some rural areas are threatened by railroad bankruptcies and abandonment proceedings that would cause the cessation of rail services to the areas;

(4) it is in the interest of all citizens of the state that existing rail systems be maintained for the most efficient and economical movement of essential agricultural products from the areas of production to the local, national, and export markets;

(5) rural rail transportation districts are appropriate political subdivisions to provide for the continued operation of railroads, which are declared by Section 2, Article X, Texas Constitution, to be public highways;

(6) the creation, re-creation, financing, maintenance, and operation of rural rail transportation districts and facilities acquired by the districts under this chapter will help develop, maintain, and diversify the economy of the state, eliminate unemployment or underemployment, foster the growth of enterprises based on agriculture, and serve to develop and expand transportation and commerce within the state under the authority granted by Section 52-a, Article III, Texas Constitution; and

(7) financing by rural rail transportation districts for the purposes provided by this chapter is a lawful and valid public purpose.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter B

Sec. 172.051: Applicability

A county is eligible to create a district as provided by this chapter only if a rail line is located in the county that:

(1) is being or has been abandoned through a bankruptcy court or Surface Transportation Board proceeding; or

(2) carries three million gross tons per mile per year or less.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.052: Creation of District By More Than One County

(a) The commissioners courts of two or more counties that are a contiguous area may by concurrent order:

(1) create a district; or

(2) provide for the re-creation of a district by the addition of one or more counties.

(b) The district consists of the territory of each county whose commissioners court adopts the concurrent order.

(c) Each concurrent order must:

(1) contain identical provisions for creation or re-creation;

(2) be adopted at the time of the creation or re-creation;

(3) declare the boundaries of the district as the boundaries of the counties included;

(4) designate the district's name; and

(5) designate the number of directors, which may not be less than four, and the manner of the directors' appointment by a commissioners court.

(d) The commissioners court of each county included in a district by order may provide for the district's dissolution if each commissioners court determines that the dissolution will not impair an obligation of any contract of the district. The dissolution order is effective only on the creation or re-creation of another district in which each county included in the dissolving district is included.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.053: Creation of District By One County

(a) The commissioners court of a county may by order create a district in that county to develop, finance, maintain, and operate a new rail system under this chapter and for other purposes of this chapter.

(b) The boundaries of a district created under this section are the boundaries of the county in which the district is created.

(c) At the time the district is created, the commissioners court shall:

(1) designate the district's name; and

(2) appoint at least four residents of the county to serve as directors.

(d) The commissioners court of the county by order may provide for the district's dissolution if the commissioners court determines that the dissolution will not impair an obligation of any contract of the district. The dissolution order is effective only on the creation of another district in which the county is included.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.054: Notice of Creation

(a) The board of each newly created district shall provide notice to the Texas Transportation Institute of the district's creation.

(b) On being notified by the board, the Texas Transportation Institute shall make available to the board a guide to the services and information that the institute provides.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.055: Automatic Assumption of Contractual Obligations After Creation By Certain Districts

A district created or re-created under Section 172.052 automatically assumes any obligation of a contract executed by the district or a predecessor district that is in force on the date of the creation or re-creation unless the contract expressly expires on the date of dissolution or re-creation of the district that executed the contract.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter C

Sec. 172.101: Control of District

(a) The board is responsible for the management, operation, and control of the district.

(b) The right to control and regulate district affairs is vested exclusively in the board except as specifically otherwise provided by this chapter.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.102: Terms

(a) A director serves a two-year term.

(b) An initial director serves a term ending on the second anniversary of the date:

(1) the latest concurrent order creating or re-creating the district under Section 172.052 was adopted; or

(2) an order creating the district under Section 172.053 was adopted.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.103: Qualifications for Office

(a) To be eligible for appointment as a director, a person must be a resident of the county governed by the commissioners court that appoints the person.

(b) An elected officer of this state or a political subdivision of this state who is not prohibited by the Texas Constitution from serving on the board is eligible to serve on the board.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.104: Vacancy

The commissioners court that appointed a director who vacates the position shall appoint a director for the unexpired term.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.105: Removal

(a) The commissioners court that appointed a director may remove the director from office for neglect of duty or malfeasance in office after:

(1) at least 10 days' written notice to the director; and

(2) a hearing before the commissioners court.

(b) At the hearing on the question of removal of a director, the director is entitled to be heard in person or through counsel.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.106: Officers

The board shall select a president, vice president, treasurer, and secretary. The secretary is not required to be a director.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.107: Meetings; Notice

(a) The board shall hold at least one regular meeting each month to conduct district business.

(b) The president may call a special board meeting.

(c) Chapter 551, Government Code, applies to board meetings, except that notice of a board meeting shall be posted at the administrative office of the district and at the courthouse in the county in which that office is located.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.108: Rules for Proceedings

The board shall adopt rules for its proceedings.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.109: Employees

The board may employ and compensate persons to carry out the powers and duties of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.110: Pecuniary Interest in Certain Contracts Prohibited

A district employee may not have a direct or indirect pecuniary interest in any contract or agreement to which the district is a party.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter D

Sec. 172.151: General Powers of District; Governmental Functions

(a) A district has all powers necessary or convenient to carry out the purposes of this chapter.

(b) A district may generally perform all acts necessary for the full exercise of the district's powers.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.152: Rules

To protect the state's health, safety, and general welfare, a district may adopt rules to govern the operation of the district, its employees, the rail facilities, service provided by the district, and any other necessary matter concerning its purposes, including rules regarding health, safety, alcohol or beverage service, food service, or telephone or utility service.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.153: Agreements Generally

A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, public or private corporations, and any other person.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.154: Agreements with Other Entities for Joint Use

A district may:

(1) enter into agreements with a public utility, private utility, communication system, common carrier, or transportation system for the joint use of its facilities, installations, or property inside or outside the district; and

(2) establish:

(A) through routes;

(B) joint fares; and

(C) divisions of tariffs, subject to approval of a tariff-regulating body that has jurisdiction.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.155: Joint Ownership Agreements

A district may enter into a joint ownership agreement with any person.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.156: Awarding Construction Or Purchase Contracts

(a) A contract in the amount of more than $15,000 for the construction of improvements or the purchase of material, machinery, equipment, supplies, or any other property except real property may be awarded only through competitive bidding after notice is published in a newspaper of general circulation in the district at least 15 days before the date set for receiving bids.

(b) A board may adopt rules governing the taking of bids and the awarding of contracts.

(c) This section does not apply to:

(1) personal or professional services; or

(2) the acquisition of an existing rail transportation system.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.157: Eminent Domain

(a) A district may exercise the power of eminent domain to acquire:

(1) land in fee simple; or

(2) any interest less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.

(b) A district may not exercise the power of eminent domain in a manner that would unduly interfere with interstate commerce.

(c) An eminent domain proceeding brought by a district is governed by Chapter 21, Property Code, except to the extent inconsistent with this chapter.

(d) An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in the resolution:

(1) is a public necessity; and

(2) is necessary and proper for the construction, extension, improvement, or development of rail facilities and is in the public interest.

(e) The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.1571: Restoration of Certain Expired Eminent Domain Authority

(a) This section applies only to a district:

(1) whose authority to exercise the power of eminent domain under Section 172.157 expired under Section 2206.101(c), Government Code; and

(2) that is located in a county adjacent to a county in which there is located a port authority that has the authority to issue a permit for the movement of oversize or overweight vehicles under Subchapter O or P, Chapter 623.

(b) Notwithstanding the expiration of the district's authority as described by Subsection (a), the district, on and after September 1, 2015, may exercise the power of eminent domain in accordance with Section 172.157.

Comments

Added by Acts 2015, 84th Leg., R.S., Ch. 381 (H.B. 1422), Sec. 1, eff. September 1, 2015.

Sec. 172.158: Disposition of Surplus Property

(a) A district may sell, lease, convey, or otherwise dispose of any right, interest, or property not needed for or, in the case of a lease, not inconsistent with the efficient operation and maintenance of the system.

(b) A district may, on adoption of an order by the board, sell, lease, or otherwise dispose of surplus property not needed for district requirements or to carry out district powers under this chapter.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.159: Suits

(a) A district may:

(1) sue and be sued;

(2) institute and prosecute suits without giving security for costs; and

(3) appeal from a judgment without giving a supersedeas or cost bond.

(b) An action at law or in equity against the district must be brought in the county in which the principal office of the district is located, except that a suit in eminent domain must be brought in the county in which the land is located.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.160: Perpetual Succession

A district has perpetual succession.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter E

Sec. 172.201: General Authority Over Rail Facilities

A district may plan, acquire, construct, complete, develop, own, operate, and maintain rail facilities inside or outside the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.202: Use and Alteration of Property of Another Political Subdivision

For a purpose described by Section 172.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of rail facilities, and subject to a grant previously secured or with the consent of a municipality, county, or other political subdivision, a district may:

(1) use streets, alleys, roads, highways, and other public ways of the political subdivision; and

(2) relocate, raise, reroute, change the grade of, or alter, at the district's expense, the construction of a publicly owned or privately owned street, alley, highway, road, railroad, electric line or facility, telegraph or telephone property or facility, pipeline or facility, conduit or facility, and other property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.203: Rules Governing System; Routings

A district by resolution may adopt rules governing the use, operation, and maintenance of the system and shall determine all routings and change them when the board considers it advisable.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.204: Acquisition of Property

(a) A district may purchase, whenever the district considers the purchase expedient, land, property rights, right-of-way, franchises, easements, and other interests in land the district considers necessary to acquire, construct, or operate a rail facility on terms and at a price to which the district and the owner agree.

(b) The district may take title to the land or interest in the district's name.

(c) The governing body of a municipality, a county, any other political subdivision, or a public agency may convey without advertisement the title or the rights and easements to property needed by the district for its purposes in connection with the acquisition, construction, or operation of rail facilities.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.205: Powers Relating to District Property

A district may acquire by grant, purchase, gift, devise, lease, or otherwise and may hold, use, sell, lease, or dispose of property, including a license, a patent, a right, or an interest, necessary, convenient, or useful for the full exercise of its powers under this chapter.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.206: Acquisition of Rolling Stock and Other Property

A district may acquire rolling stock or other property, under a conditional sales contract, lease, equipment trust certificate, or other form of contract or trust agreement.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.207: Compensation for Use of System Facilities

(a) A district shall establish and maintain reasonable and nondiscriminatory rents or other compensation for the use of the facilities of the system acquired, constructed, operated, regulated, or maintained by the district.

(b) Together with grants received by the district, the rents or other compensation must be sufficient to produce revenue adequate to:

(1) pay all expenses necessary for the operation and maintenance of the district's property and facilities;

(2) pay the principal of and interest on all bonds issued by the district payable wholly or partly from the revenue, as they become due and payable; and

(3) fulfill the terms of agreements made with the holders of bonds or with any person on their behalf.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.208: Operation Or Use Contracts

(a) A district may:

(1) lease all or part of the rail facilities to any operator; or

(2) contract for the use or operation of all or part of the rail facilities by any operator.

(b) To the maximum extent practicable, the district shall encourage the participation of private enterprise in the operation of rail facilities.

(c) The term of an operating contract under this section may not exceed 20 years. In this subsection, "operating contract" means a professional services contract executed by a district and another person under which the person agrees to provide all or part of the:

(1) rolling stock required for operation as a common carrier over all or a part of the rail facilities of the district; and

(2) personnel required for the operation of the rolling stock owned or leased by the district or for the operation of the rail facilities of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.209: Rail Transportation Services Agreements with Other Political Subdivisions

A district may contract with a county or other political subdivision of this state for the district to provide rail transportation services to an area outside the district on terms to which the parties agree.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.210: Abandonment of Rail Line

(a) A district may not abandon a district rail line for which state money has been loaned or granted unless the abandonment is approved by the commission as being consistent with the policies of this chapter.

(b) The commission by rule shall adopt procedures for applying for and obtaining approval for abandonment under this section.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.211: Other Powers of County, District, and Navigation District

(a) This section applies only to a county that:

(1) is adjacent to a county with a population of four million or more;

(2) has a population of 300,000 or more; and

(3) has created a district by concurrent order with an adjacent county pursuant to Section 172.052.

(b) A county acting through the commissioners court or a local government corporation may adopt an order that authorizes the county and a navigation district located wholly or partly in the county to:

(1) develop rail facilities as a qualifying project under Chapter 2267, Government Code; and

(2) issue bonds for rail facilities secured by a pledge of the revenues of the facilities, including contract revenue, grant revenue, or other revenue collected in connection with the facilities.

(c) If each county that created a district adopts an order described by Subsection (b), the district may exercise the powers described by that subsection.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 786 (H.B. 2557), Sec. 2, eff. June 15, 2017.

Subchapter F

Sec. 172.251: Fiscal Year

(a) Unless the board changes the fiscal year, the district's fiscal year ends on September 30.

(b) The board may not change the fiscal year more than once in a three-year period.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.252: Annual Budget

(a) Before beginning the operation of rail facilities, the board shall adopt an annual operating budget specifying the district's anticipated revenue and expenses for the remainder of the fiscal year. The district shall adopt an operating budget for each succeeding fiscal year.

(b) The board must hold a public hearing before adopting each budget except the initial budget. Notice of the hearing must be published at least seven days before the date of the hearing in a newspaper of general circulation in the district.

(c) A budget may be amended at any time if notice of the proposed amendment is given in the notice of meeting.

(d) An expenditure that is not budgeted may not be made.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.253: Grants and Loans

A district may accept a grant or loan from the United States, this state and its agencies and political subdivisions, public or private corporations, and any other person.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.254: Depository

(a) The board by resolution shall name one or more banks for the deposit of district funds.

(b) District funds are public funds and may be invested in securities permitted by Chapter 2256, Government Code.

(c) To the extent district funds are not insured by the Federal Deposit Insurance Corporation or its successor, the funds shall be collateralized in the manner provided for county funds.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.255: Applicability of Public Property Financing Law; Prohibition on Ad Valorem Tax

A district may use the procedures provided by Chapter 271, Local Government Code, to finance the district's rail facilities, except to the extent of a conflict with this chapter, and except that the district may not impose an ad valorem tax.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.256: Nonnegotiable Purchase Money Notes; Bond Anticipation Notes

(a) A district may:

(1) issue nonnegotiable purchase money notes, payable in installments and secured by the property being acquired or constructed, to acquire or construct rail facilities; or

(2) secure the obligation of the notes by a pledge or by issuing bonds, including bond anticipation notes.

(b) A district may covenant with the purchaser of bond anticipation notes that the proceeds of one or more particular series of bonds will be used for the ultimate payment of the purchase money notes or bond anticipation notes.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.257: Tax Exemption

District property and revenue and the interest on bonds issued by the district are exempt from any tax imposed by this state or a political subdivision of this state.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter G

Sec. 172.301: Revenue Bonds

A district, by board resolution, may issue revenue bonds in amounts that the board considers necessary or appropriate for the acquisition, purchase, construction, reconstruction, repair, equipping, improvement, or extension of its rail facilities.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.302: Security for Payment of Bonds

(a) To secure payment of district bonds, the district may:

(1) encumber and pledge all or part of the revenue of its rail facilities; and

(2) encumber all or part of the property of the rail facilities and everything pertaining to them acquired or to be acquired.

(b) Unless prohibited by the resolution or indenture relating to outstanding bonds, a district may encumber separately any item of property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.303: Bonds As Authorized Investments and Security for Deposits of Public Funds

(a) District bonds are legal and authorized investments for:

(1) a bank;

(2) a trust company;

(3) a savings and loan association; and

(4) an insurance company.

(b) The bonds are:

(1) eligible to secure the deposit of public funds of this state or a municipality, a county, a school district, or any other political corporation or subdivision of this state; and

(2) lawful and sufficient security for the deposit to the extent of the principal amount or market value of the bonds, whichever is less.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.304: Applicability of Public Improvement Financing Law

For purposes of Chapter 1371, Government Code:

(1) a district is an issuer; and

(2) the acquisition, improvement, or repair of rail facilities by a district is an eligible project.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.305: Limit on Power

A revenue bond indenture may limit the exercise of the power granted by Section 172.002, 172.151, 172.152, 172.153, 172.154, 172.155, 172.157, 172.158, 172.159, 172.160, 172.201, 172.202, 172.203, 172.204, 172.205, 172.206, 172.207, 172.208, 172.209, 172.210, 172.251, 172.252, 172.253, 172.254, or 172.304. The limitation applies while any of the revenue bonds issued under the indenture are outstanding and unpaid.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 172.306: Exemption from Review of Notes By Attorney General

District notes authorized to be issued to an agency of the federal or state government, and related records, are not required to be submitted to the attorney general for examination under Chapter 1202, Government Code.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Chapter 173

Subchapter A

Sec. 173.001: Definition of Person

In this chapter:

(1) "person" includes a corporation, as provided by Section 312.011, Government Code; and

(2) the definition of "person" assigned by Section 311.005, Government Code, does not apply.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.002: Definitions

In this chapter:

(1) "Board" means a district's board of directors.

(2) "Commuter rail facility" means any property necessary for the transportation of passengers and baggage between locations in a district. The term includes rolling stock, locomotives, stations, parking areas, and rail lines.

(2-a) "Commuter rail service" means the transportation of passengers and baggage by rail between locations in a district.

(3) "Creating municipality" means a municipality described by Section 173.051(a).

(4) "Director" means a board member.

(5) "District" means an intermunicipal commuter rail district created under this chapter or under Article 6550c-1, Revised Statutes, as that article existed before April 1, 2011.

(6) "District property" means property the district owns or leases under a long-term lease.

(7) "System" means all of the commuter rail and intermodal facilities leased or owned by or operated on behalf of a district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 1, eff. September 1, 2011.

Sec. 173.003: Location of Municipality in County

For purposes of this chapter, a municipality is located in a county only if 90 percent or more of the population of the municipality resides in that county.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.004: Nature of District

(a) A district is a public body and a political subdivision of this state exercising public and essential governmental functions.

(b) A district, in the exercise of powers under this chapter, is performing only governmental functions and is a governmental unit under Chapter 101, Civil Practice and Remedies Code.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.005: Sunset Provision

A district is subject to review under Chapter 325, Government Code (Texas Sunset Act). A district shall be reviewed during the periods in which state agencies abolished in 2021 and every 12th year after that year are reviewed.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 938 (H.B. 3123), Sec. 1.03, eff. June 18, 2015.

Subchapter B

Sec. 173.051: Creation of District

(a) A district may be created to provide commuter rail service between two municipalities:

(1) each of which has a population of more than 450,000; and

(2) that are located not farther than 100 miles apart as determined by the department.

(b) The creating municipalities and the counties in which the creating municipalities are located may create a district on passage of a resolution favoring creation by the governing body of each municipality or county.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.052: Addition of Political Subdivision Or Other Public Entity to District

The following political subdivisions and other public entities may become a part of a district with the approval of the governing body of the political subdivision or public entity:

(1) a county located adjacent to the county in which a creating municipality is located;

(2) a municipality with a population of more than 18,000 located in a county described by Subdivision (1); and

(3) a public entity located in a county that has become part of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.003(a), eff. September 1, 2011.

Subchapter C

Sec. 173.101: Control of District

A district is governed by a board of directors. The board is responsible for the management, operation, and control of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.102: Composition of Board; Terms

(a) The board is composed of:

(1) two public directors appointed by the commission;

(2) one elected member of the governing body of each political subdivision that has become a part of the district under Subchapter B;

(3) one elected director appointed by the regional planning organization of which a creating municipality is a part;

(4) one director appointed by each creating municipality to represent the business community of the municipality;

(5) one director appointed by each authority created under Chapter 451 that serves a creating municipality;

(6) one director appointed by each county in which a creating municipality is located to represent transportation providers that provide service to rural areas in the county;

(7) one member appointed by each public entity that has become a part of the district under Section 173.052; and

(8) one director appointed by all other directors to represent all municipalities in the district that do not otherwise have representation on the board who is an elected official of one of those municipalities.

(b) Each director serves a staggered two-year term, with as near as possible to half of the directors' terms expiring February 1 of each year. If one or more directors are added to the board, the directors other than the new directors shall determine the lengths of the new directors' terms so that one-half, or as near one-half as possible, of the directors serve terms expiring each year.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.004(a), eff. September 1, 2011.

Sec. 173.103: Vacancy

A vacancy on the board shall be filled in the same manner as the original appointment or election.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.104: Presiding Officer

(a) The directors shall elect one member as presiding officer.

(b) The presiding officer may select another director to preside in the absence of the presiding officer.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.105: Meetings

The presiding officer shall call at least one meeting of the board each year and may hold other meetings as the presiding officer determines are appropriate.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.106: Board Meetings By Telephone Or Videoconference

(a) Chapter 551, Government Code, does not prohibit the board from holding an open or closed meeting by telephone conference call or videoconference.

(b) A meeting held by telephone conference call or videoconference need not have a quorum present at any one location.

(c) A telephone conference call or videoconference meeting is subject to the notice requirements applicable to other meetings.

(d) The notice of a telephone conference call or videoconference meeting must specify each location of the meeting where a director will participate and the physical location where the presiding officer of the board will preside. Each of those locations must be open to the public during the open portion of the meeting.

(e) Each part of a telephone conference call meeting that is required to be open to the public must be audible to the public at each meeting location specified in the notice of the meeting and shall be tape recorded. The district shall make the tape recording available to the public.

(f) Each part of a videoconference meeting that is required to be open to the public must:

(1) be visible and audible to the public at each meeting location specified in the notice of the meeting; and

(2) have two-way audio and video communications with each participant in the meeting during the entire meeting.

(g) Without regard to whether a director is participating in a meeting from a remote location by videoconference call, the board may allow a member of the public to testify at a meeting from a remote location by videoconference call. The board shall designate the location for public participation in the notice of the meeting.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.107: Rules for Proceedings

The board shall adopt rules for its proceedings.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.108: Compensation; Reimbursement

A director is not entitled to compensation for serving as a director but is entitled to reimbursement for reasonable expenses incurred while serving as a director.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.109: Employees

The board may employ and compensate persons to carry out the powers and duties of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.110: Executive Committee

The board shall appoint an executive committee.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.111: Retirement Benefits

A district is eligible to participate in the Texas County and District Retirement System.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter D

Sec. 173.151: General Powers of District

(a) A district has all the powers necessary or convenient to carry out the purposes of this chapter.

(b) A district may generally perform all acts necessary for the full exercise of the district's powers.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.152: Rules

To protect district residents' health, safety, and general welfare, a district may adopt rules to govern the operation of the district, its employees, the system, service provided by the district, and any other necessary matter concerning its purposes, including rules regarding health, safety, alcohol or beverage service, food service, or telephone or utility service.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.153: Agreements Generally

A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, public or private corporations, and any other person.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.154: Agreements with Other Entities for Joint Use

A district may:

(1) make agreements with a public utility, private utility, communication system, common carrier, state agency, or transportation system for the joint use of facilities, installations, or property inside or outside the district; and

(2) establish:

(A) through routes;

(B) joint fares; and

(C) divisions of tariffs, subject to approval of a tariff-regulating body that has jurisdiction.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.155: Joint Ownership Agreements

A district may make a joint ownership agreement with any person.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.156: Exclusive Development Agreements

(a) A board may enter into an exclusive development agreement with a private entity.

(b) The exclusive development agreement:

(1) at a minimum must provide for the design and construction of a commuter rail facility or system; and

(2) may provide for the financing, acquisition, maintenance, or operation of a commuter rail facility or system.

(c) The board may adopt rules governing an agreement under this section.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.157: Interlocal Agreements with Commission

The commission may enter into an interlocal agreement with a district under which the district may exercise a power or duty of the commission for the development and efficient operation of intermodal corridors in the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.158: Awarding Construction Or Purchase Contracts

(a) A contract in the amount of more than $15,000 for the construction of improvements or the purchase of material, machinery, equipment, supplies, or any other property except real property may be awarded only through competitive bidding after notice is published in a newspaper of general circulation in the district at least 15 days before the date set for receiving bids.

(b) A board may adopt rules governing the taking of bids and the awarding of contracts.

(c) This section does not apply to:

(1) personal or professional services;

(2) the acquisition of an existing rail transportation system;

(3) a contract with a common carrier to construct lines and to operate commuter rail service on lines wholly or partly owned by the carrier; or

(4) an agreement with a private entity under Section 173.156.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.159: Eminent Domain

(a) A district may exercise the power of eminent domain to acquire:

(1) land in fee simple; or

(2) any interest less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.

(b) The power of eminent domain under this section does not apply to:

(1) land under the jurisdiction of the department or a metropolitan transit authority; or

(2) a rail line owned by a common carrier or municipality.

(c) To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.

(d) An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in the resolution:

(1) is a public necessity; and

(2) is necessary and proper for the construction, extension, improvement, or development of commuter rail facilities and is in the public interest.

(e) The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.160: Suits

(a) A district may:

(1) sue and be sued;

(2) institute and prosecute suits without giving security for costs; and

(3) appeal from a judgment without giving a supersedeas or cost bond.

(b) An action at law or in equity against the district must be brought in the county in which a principal office of the district is located, except that a suit in eminent domain must be brought in the county in which the land is located.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.161: Changing Name of District

The board shall adopt a name for the district and may by resolution change the name of the district.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.004(b), eff. September 1, 2011.

Subchapter E

Sec. 173.201: General Authority Over Commuter Rail Facilities

A district may acquire, construct, develop, own, operate, and maintain intermodal and commuter rail facilities, or intercity or other types of passenger rail services, inside, or connect political subdivisions in, the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.005(a), eff. September 1, 2011.

Sec. 173.202: Powers Relating to District Property

A district may acquire by grant, purchase, gift, devise, lease, or otherwise and may hold, use, sell, lease, or dispose of property, including a license, a patent, a right, or an interest, necessary, convenient, or useful for the full exercise of its powers under this chapter.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.203: Use and Alteration of Property of Another Political Subdivision

(a) For a purpose described by Section 173.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the system, and with the consent of a municipality, county, or other political subdivision, a district may:

(1) use streets, alleys, roads, highways, and other public ways of the political subdivision; and

(2) relocate, raise, reroute, change the grade of, or alter, at the district's expense, the construction of a publicly owned or privately owned street, alley, highway, road, railroad, electric line or facility, telegraph or telephone property or facility, pipeline or facility, conduit or facility, and other property.

(b) A district may not use or alter:

(1) a road or highway in the state highway system without the permission of the commission; or

(2) a railroad without permission of the railroad.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.204: Rules Governing System and Routings

A district by resolution may adopt rules governing the use, operation, and maintenance of the system and shall determine all routings and change them when the board considers it advisable.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.205: Acquisition of Property

(a) A district may purchase any interest in real property to acquire, construct, or operate a commuter rail facility on terms and at a price to which the district and the owner agree.

(b) The governing body of a municipality, a county, any other political subdivision, or a public agency may convey the title or the rights and easements to property needed by the district for its purposes in connection with the acquisition, construction, or operation of the system.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.206: Acquisition of Rolling Stock and Other Property

A district may acquire rolling stock or other property under a conditional sales contract, lease, equipment trust certificate, or other form of contract or trust agreement.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.207: Compensation for Use of System Facilities

(a) A district shall establish and maintain reasonable and nondiscriminatory rates or other compensation for the use of the facilities of the system acquired, constructed, operated, regulated, or maintained by the district.

(b) Together with grants received by the district, the rates or other compensation must be sufficient to produce revenue adequate to:

(1) pay all expenses necessary for the operation and maintenance of the district's property and facilities;

(2) pay the principal of and interest on all bonds issued by the district under this chapter payable wholly or partly from the revenue, as they become due and payable; and

(3) fulfill the terms of agreements made with the holders of bonds or with any person on their behalf.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.208: Operation Or Use Contracts

(a) A district may:

(1) lease all or part of the commuter rail facilities to any operator; or

(2) contract for the use or operation of all or part of the commuter rail facilities by any operator.

(b) To the maximum extent practicable, the district shall encourage the participation of private enterprise in the operation of commuter rail facilities.

(c) The term of an operating contract under this section may not exceed 20 years.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.209: Rail Transportation Services Agreements with Other Political Subdivisions

A district may contract with a county or other political subdivision of this state for the district to provide commuter rail transportation services to an area outside the district on terms to which the parties agree.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter F

Sec. 173.251: Fiscal Year

Unless the board changes the fiscal year, the district's fiscal year ends on September 30.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.252: Annual Budget

(a) Before beginning the operation of commuter rail facilities, the board shall adopt an annual operating budget specifying the district's anticipated revenue and expenses for the remainder of the fiscal year. The district shall adopt an operating budget for each succeeding fiscal year.

(b) The board must hold a public hearing before adopting each budget except the initial budget. Notice of the hearing must be published at least seven days before the date of the hearing in a newspaper of general circulation in the district.

(c) A budget may be amended at any time if notice of the proposed amendment is given in the notice of meeting.

(d) An expenditure that is not budgeted may not be made.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.253: Grants and Loans

A district may accept grants and loans from the United States, this state and its agencies and political subdivisions, public or private corporations, and other persons.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.254: Depository

(a) The board by resolution shall name one or more banks for the deposit of district funds.

(b) District funds are public funds and may be invested in securities permitted by Chapter 2256, Government Code.

(c) To the extent district funds are not insured by the Federal Deposit Insurance Corporation or its successor, the funds shall be collateralized in the manner provided for county funds.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.255: Purchase of Additional Insured Provisions

A district may purchase an additional insured provision to any liability insurance contract.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.256: Financing of Certain Transportation Infrastructure

(a) This section applies only to a local government, other than a school district, that is a member of a district and that is authorized to impose ad valorem taxes on real property.

(b) A district may enter into an interlocal contract with one or more local government members for the financing of transportation infrastructure that is constructed or that is to be constructed in the territory of the local governments by the district.

(c) The agreement must include:

(1) the duration of the agreement;

(2) a description of each transportation infrastructure project or proposed project;

(3) a map showing the location of each project; and

(4) an estimate of the cost of each project.

(d) The agreement may establish one or more transportation infrastructure zones. The district and the local government may agree that, at one or more specified times, the local government will pay to the district an amount that is calculated on the basis of increased ad valorem tax collections in a zone that are attributable to increased values of property located in the zone resulting from an infrastructure project. Except as provided by Subsection (d-1), the amount may not exceed an amount that is equal to 30 percent of the increase in ad valorem tax collections for the specified period.

(d-1) A transportation infrastructure zone of a district established before January 1, 2005, may consist of a contiguous or noncontiguous geographic area in the territory of one or more local governments and must include a commuter rail facility or the site of a proposed commuter rail facility. The amount paid by a local government under Subsection (d) to a district established before January 1, 2005, may not exceed an amount that is equal to the increase in ad valorem tax collections in the zone for the specified period.

(e) Money received by the district under this section may be used:

(1) to provide a local match for the acquisition of right-of-way in the territory of the local government; or

(2) for design, construction, operation, or maintenance of transportation facilities in the territory of the local government.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 2, eff. September 1, 2011.

Sec. 173.257: Tax Exemption

District property, material purchases, revenue, and income and the interest on bonds and notes issued by the district are exempt from any tax imposed by this state or a political subdivision of this state.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter G

Sec. 173.301: Revenue Bonds

A district may issue revenue bonds and notes in amounts that the board considers necessary or appropriate for the acquisition, purchase, construction, reconstruction, repair, equipping, improvement, or extension of its commuter rail facilities.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.302: Security for Payment of Bonds

(a) To secure payment of district bonds or notes, the district may:

(1) encumber and pledge all or part of the revenue of its commuter rail facilities; and

(2) encumber all or part of the property of the commuter rail facilities and everything pertaining to them acquired or to be acquired.

(b) Unless prohibited by the resolution or indenture relating to outstanding bonds or notes, a district may encumber separately any item of property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.303: Bonds As Authorized Investments and Security for Deposits of Public Funds

(a) District bonds and notes are legal and authorized investments for:

(1) a bank;

(2) a trust company;

(3) a savings and loan association; and

(4) an insurance company.

(b) The bonds and notes are:

(1) eligible to secure the deposit of public funds of this state or a municipality, a county, a school district, or any other political corporation or subdivision of this state; and

(2) lawful and sufficient security for the deposit to the extent of the principal amount or market value of the bonds or notes, whichever is less.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.304: Limit on Power

(a) A revenue bond indenture may limit the exercise of a power granted by Section 173.004, 173.005, 173.111, 173.151, 173.152, 173.153, 173.154, 173.155, 173.157, 173.159, 173.160, 173.201, 173.202, 173.203, 173.204, 173.205, 173.206, 173.207, 173.208, 173.209, 173.251, 173.252, 173.253, 173.254, or 173.255.

(b) The limitation applies while any of the revenue bonds issued under the indenture are outstanding and unpaid.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.305: Tax Increment Fund for Transportation Infrastructure Zone in Certain Districts

A district established before January 1, 2005, that creates a transportation infrastructure zone shall establish a tax increment fund. In addition to the amount of tax increment deposited to the tax increment fund, all revenue from the sale of tax increment bonds or notes under Section 173.306, revenue from the sale of any property acquired as part of a plan adopted to use tax increment financing, and other revenue to be used in implementing the plan shall be deposited in the tax increment fund for the zone.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 3, eff. September 1, 2011.

Sec. 173.306: Tax Increment Bonds and Notes Issued By Local Government Member in Certain Districts

(a) This section applies only to a district created before January 1, 2005.

(b) A local government member of a district creating a transportation infrastructure zone may issue tax increment bonds or notes, including refunding bonds, secured by revenue in the local government's tax increment fund. Proceeds of bonds issued under this section may be used to:

(1) pay project costs for the zone on behalf of which the bonds or notes were issued; or

(2) satisfy claims of holders of the bonds or notes.

(c) Tax increment bonds and notes are payable, as to both principal and interest, solely from the tax increment fund established for the transportation infrastructure zone. The local government may pledge irrevocably all or part of the fund for payment of tax increment bonds or notes. The part of the fund pledged in payment may be used only for the payment of the bonds or notes or interest on the bonds or notes until the bonds or notes have been fully paid. A holder of the bonds or notes or of coupons issued on the bonds has a lien against the fund for payment of the bonds or notes and interest on the bonds or notes and may protect or enforce the lien at law or in equity.

(d) A tax increment bond or note is not a general obligation of the local government issuing the bond or note. A tax increment bond or note does not give rise to a charge against the general credit or taxing powers of the local government and is not payable except as provided by this section.

(e) A local government's obligation to deposit sales and use taxes into the tax increment fund is not a general obligation of the local government. An obligation to make payments from sales and use taxes does not give rise to a charge against the general credit or taxing powers of the local government and is not payable except as provided by this section. A tax increment bond or note issued under this section that pledges payments must state the restrictions of this section on its face.

(f) A tax increment bond or note may not be included in any computation of the debt of the issuing local government.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 1307 (H.B. 3030), Sec. 3, eff. September 1, 2011.

Subchapter H

Sec. 173.351: Tax Authorized

A sales and use tax is imposed on items sold on district property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.352: Tax Rate

The sales and use tax shall be imposed at the rate of the highest combination of local sales and use taxes imposed at the time of the district's creation in any local governmental jurisdiction that is part of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.353: Preemption of Other Sales and Use Taxes

The tax imposed under this subchapter preempts all other local sales and use taxes that would otherwise be imposed on district property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.354: Applicability of Tax Code

Chapter 321, Tax Code, governs the computation, administration, governance, and use of the tax except as inconsistent with this chapter.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.355: Notice to Comptroller

(a) The district shall notify the comptroller in writing by United States registered or certified mail of the district's creation and of its intent to impose the sales and use tax under this chapter.

(b) The district shall provide to the comptroller all information required to implement the tax, including:

(1) an adequate map showing the property boundaries of the district;

(2) a certified copy of the resolution of the board adopting the tax; and

(3) certified copies of the resolutions of the governing bodies of the creating municipalities and of the commissioners courts of the counties in which the municipalities are located.

(c) Not later than the 30th day after the date the comptroller receives the notice, map, and other information, the comptroller shall inform the district whether the comptroller is prepared to administer the tax.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.356: Notice to Local Governments

At the same time the district notifies the comptroller under Section 173.355, the district shall:

(1) notify each affected local governmental jurisdiction of the district's creation; and

(2) provide each jurisdiction with an adequate map showing the property boundaries of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.357: Acquisition of Additional Territory Subject to Tax

(a) Not later than the 30th day after the date a district acquires additional territory, the district shall notify the comptroller and each affected local governmental jurisdiction of the acquisition.

(b) The district must include with each notification:

(1) an adequate map showing the new property boundaries of the district; and

(2) the date the additional territory was acquired.

(c) Not later than the 30th day after the date the comptroller receives the notice under this section, the comptroller shall inform the district whether the comptroller is prepared to administer the tax in the additional territory.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.358: Duty of Comptroller

The comptroller shall:

(1) administer, collect, and enforce a tax imposed under this chapter; and

(2) remit to a district the tax collected on the district's property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 173.359: Effective Date of Tax

A tax imposed under this chapter or the repeal of a tax imposed under this chapter takes effect on the first day of the first calendar quarter that begins after the expiration of the first complete calendar quarter that occurs after the date the comptroller receives a notice of the action as required by this subchapter.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Chapter 174

Subchapter A

Sec. 174.001: Definition of Person

In this chapter:

(1) "person" includes a corporation, as provided by Section 312.011, Government Code; and

(2) the definition of "person" assigned by Section 311.005, Government Code, does not apply.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.002: Definitions

In this chapter:

(1) "Board" means a district's board of directors.

(2) "Commuter rail facility" means any property necessary for the transportation of passengers and baggage between locations in a district. The term includes rolling stock, locomotives, stations, parking areas, and rail lines.

(3) "Director" means a board member.

(4) "District" means a commuter rail district created under this chapter or under Article 6550c-3, Revised Statutes, as that article existed before April 1, 2011.

(5) "System" means all of the commuter rail and intermodal facilities leased or owned by or operated on behalf of a district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.003: Nature of District

(a) A district is a public body and a political subdivision of this state exercising public and essential governmental functions.

(b) A district, in the exercise of powers under this chapter, is performing only governmental functions and is a governmental unit under Chapter 101, Civil Practice and Remedies Code.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.004: Requirement for Service to Municipalities in District

A municipality located in a district that wishes to be served by commuter rail facilities of the district must pay for construction of a commuter rail station.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter B

Sec. 174.051: Creation of District

(a) A district may be created to provide commuter rail service to counties along the Texas-Mexico border.

(b) The commissioners court of a county may create a commuter rail district on adoption of an order favoring the creation.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter C

Sec. 174.101: Control of District

A district is governed by a board of directors. The board is responsible for the management, operation, and control of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.102: Composition of Board; Terms

(a) The board is composed of five directors appointed as follows:

(1) one director appointed by the county judge; and

(2) one director appointed by each county commissioner.

(b) Each director serves a four-year term. The board may provide for the staggering of the terms of its directors.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.103: Presiding Officer

(a) The directors shall elect one director as presiding officer.

(b) The presiding officer may select another director to preside in the absence of the presiding officer.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.104: Meetings

The presiding officer shall call at least one meeting of the board each year and may call other meetings as the presiding officer determines are appropriate.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.105: Rules for Proceedings

The board shall adopt rules for its proceedings.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.106: Compensation; Reimbursement

A director is not entitled to compensation for serving as a director but is entitled to reimbursement for reasonable expenses incurred while serving as a director.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.107: Employees

The board may employ and compensate persons to carry out the powers and duties of the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.108: Executive Committee

The board shall appoint an executive committee.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.109: Retirement Benefits

A district is eligible to participate in the Texas County and District Retirement System.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter D

Sec. 174.151: General Powers of District; Governmental Functions

(a) A district has all the powers necessary or convenient to carry out the purposes of this chapter.

(b) A district may perform any act necessary for the full exercise of the district's powers.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.152: Rules

To protect the health, safety, and general welfare of district residents and people who use district services, a district may adopt rules to govern the operation of the district, its employees, the system, service provided by the district, and any other necessary matter concerning its purposes, including rules regarding health, safety, alcohol or beverage service, food service, or telephone or utility service.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.153: Agreements Generally

A district may make contracts, leases, and agreements with the United States, this state and its agencies and political subdivisions, and other persons and entities.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.154: Agreements with Other Entities for Joint Use

A district may:

(1) make agreements with a public utility, private utility, communication system, common carrier, state agency, or transportation system for the joint use of facilities, installations, or property inside or outside the district; and

(2) establish:

(A) through routes; and

(B) joint fares.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.155: Joint Ownership Agreements

A district may enter into a joint ownership agreement with any person.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.156: Interlocal Agreements with Commission

The commission may enter into an interlocal agreement with the district under which the district may exercise a power or duty of the commission for the development and efficient operation of an intermodal corridor in the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.157: Awarding Construction Or Purchase Contracts

(a) A contract in the amount of more than $15,000 for the construction of improvements or the purchase of material, machinery, equipment, supplies, or any other property except real property may be awarded only through competitive bidding after notice is published in a newspaper of general circulation in the district at least 15 days before the date set for receiving bids.

(b) The board may adopt rules governing the taking of bids and the awarding of contracts.

(c) This section does not apply to:

(1) personal or professional services;

(2) the acquisition of an existing rail transportation system; or

(3) a contract with a common carrier to construct lines or to operate commuter rail service on lines wholly or partly owned by the carrier.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.158: Eminent Domain

(a) A district may exercise the power of eminent domain to acquire:

(1) real property in fee simple; or

(2) an interest in real property less than fee simple in, on, under, or above land, including an easement, right-of-way, or right of use of airspace or subsurface space.

(b) The power of eminent domain under this section does not apply to:

(1) land under the jurisdiction of the department; or

(2) a rail line owned by a common carrier or municipality.

(c) To the extent possible, the district shall use existing rail or intermodal transportation corridors for the alignment of its system.

(d) An eminent domain proceeding is begun by the board's adoption of a resolution declaring that the district's acquisition of the property or interest described in the resolution:

(1) is a public necessity; and

(2) is necessary and proper for the construction, extension, improvement, or development of commuter rail facilities and is in the public interest.

(e) The resolution is conclusive evidence of the public necessity of the proposed acquisition and that the real property or interest in property is necessary for public use.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.159: Suits

(a) A district may:

(1) sue and be sued;

(2) institute and prosecute suits without giving security for costs; and

(3) appeal from a judgment without giving a supersedeas or cost bond.

(b) An action at law or in equity against the district must be brought in the county in which a principal office of the district is located, except that a suit in eminent domain involving an interest in land must be brought in the county in which the land is located.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter E

Sec. 174.201: General Authority Over Commuter Rail Facilities

A district may acquire, construct, develop, own, operate, and maintain intermodal and commuter rail facilities to connect political subdivisions in the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.202: Powers Relating to District Property

A district may acquire by grant, purchase, gift, devise, lease, or otherwise and may hold, use, sell, lease, or dispose of property, including a license, a patent, a right, or an interest, necessary, convenient, or useful for the full exercise of its powers.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.203: Use and Alteration of Property of Another Political Subdivision

(a) For a purpose described by Section 174.201, as necessary or useful in the construction, reconstruction, repair, maintenance, and operation of the system, and with the consent of a municipality, county, or other political subdivision, a district may:

(1) use streets, alleys, roads, highways, and other public ways of the political subdivision; and

(2) relocate, raise, reroute, change the grade of, or alter, at the district's expense, the construction of a publicly owned or privately owned street, alley, highway, road, railroad, electric line or facility, telegraph or telephone property or facility, pipeline or facility, conduit or facility, and other property.

(b) A district may not use or alter:

(1) a road or highway in the state highway system without the permission of the commission; or

(2) a railroad without permission of the railroad.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.204: Rules Governing System and Routings

A district by resolution may adopt rules governing the use, operation, and maintenance of the system and may determine or change a routing as the board considers advisable.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.205: Acquisition of Property

(a) A district may purchase any interest in real property to acquire, construct, or operate a commuter rail facility on terms and at a price to which the district and the owner agree.

(b) The governing body of a municipality, a county, any other political subdivision, or a public agency may convey the title or the rights and easements to property needed by the district for its purposes in connection with the acquisition, construction, or operation of the system.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.206: Acquisition of Rolling Stock and Other Property

A district may acquire rolling stock or other property under a conditional sales contract, lease, equipment trust certificate, or other form of contract or trust agreement.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.207: Compensation for Use of System Facilities

(a) A district shall establish and maintain reasonable and nondiscriminatory rates or other compensation for the use of the facilities of the system acquired, constructed, operated, regulated, or maintained by the district.

(b) Together with grants received by the district, the rates or other compensation must be sufficient to produce revenue adequate to:

(1) pay all expenses necessary for the operation and maintenance of the district's property and facilities;

(2) pay the principal of and interest on bonds issued by the district payable wholly or partly from the revenue, as they become due and payable; and

(3) fulfill the terms of agreements made with the holders of bonds or with any person on their behalf.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.208: Operation Or Use Contracts

(a) A district may:

(1) lease all or part of the commuter rail facilities to an operator; or

(2) contract for the use or operation of all or part of the commuter rail facilities by an operator.

(b) To the maximum extent practicable, the district shall encourage the participation of private enterprise in the operation of commuter rail facilities.

(c) The term of an operating contract under this section may not exceed 20 years.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.209: Rail Transportation Services Agreements with Other Political Subdivisions

A district may contract with a county or other political subdivision of this state for the district to provide commuter rail transportation services to an area outside the district on terms to which the parties agree.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter F

Sec. 174.251: Fiscal Year

Unless the board changes the fiscal year, the district's fiscal year ends on September 30.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.252: Annual Budget

(a) Before beginning the operation of commuter rail facilities, the board shall adopt an annual operating budget specifying the district's anticipated revenue and expenses for the remainder of the fiscal year. The district shall adopt an operating budget for each succeeding fiscal year.

(b) The board must hold a public hearing before adopting each budget except the initial budget. Notice of the hearing must be published at least seven days before the date of the hearing in a newspaper of general circulation in the district.

(c) A budget may be amended at any time if notice of the proposed amendment is given in the notice of the meeting at which the amendment will be considered.

(d) An expenditure that is not budgeted may not be made.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.253: Grants and Loans

A district may accept grants and loans from the United States, this state and its agencies and political subdivisions, and other persons and entities.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.254: Depository

(a) The board by resolution shall name one or more banks for the deposit of district funds.

(b) District funds are public funds and may be invested in securities permitted by Chapter 2256, Government Code.

(c) To the extent district funds are not insured by the Federal Deposit Insurance Corporation or its successor, the funds shall be collateralized in the manner provided for county funds.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.255: Purchase of Additional Insured Provisions

A district may purchase an additional insured provision to any liability insurance contract.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.256: Tax Exemption

District property, material purchases, revenue, and income and the interest on a bond or note issued by a district are exempt from any tax imposed by this state or a political subdivision of this state.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter G

Sec. 174.301: Revenue Bonds

A district may issue revenue bonds and notes in amounts that the board considers necessary or appropriate for the acquisition, purchase, construction, reconstruction, repair, equipping, improvement, or extension of its commuter rail facilities.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.302: Security for Payment of Bonds

(a) To secure payment of district bonds or notes, the district may:

(1) encumber and pledge all or part of the revenue of its commuter rail facilities; and

(2) encumber all or part of the property of the commuter rail facilities and everything pertaining to them that is acquired or to be acquired.

(b) Unless prohibited by the resolution or indenture relating to outstanding bonds or notes, a district may encumber separately any item of property.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.303: Bonds As Authorized Investments and Security for Deposits of Public Funds

(a) District bonds and notes are legal and authorized investments for:

(1) a bank;

(2) a trust company;

(3) a savings and loan association; and

(4) an insurance company.

(b) The bonds and notes are:

(1) eligible to secure the deposit of public funds of this state or a municipality, a county, a school district, or any other political corporation or subdivision of this state; and

(2) lawful and sufficient security for the deposit to the extent of the principal amount or market value of the bonds or notes, whichever is less.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.304: Limit on Power

(a) A revenue bond indenture may limit the exercise of the power granted by Section 174.003, 174.109, 174.151, 174.152, 174.153, 174.154, 174.155, 174.156, 174.158, 174.159, 174.201, 174.202, 174.203, 174.204, 174.205, 174.206, 174.207, 174.208, 174.209, 174.251, 174.252, 174.253, 174.254, or 174.255.

(b) A limit applies while any of the revenue bonds issued under the indenture are outstanding and unpaid.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subchapter H

Sec. 174.351: Tax Authorized

A district may impose any kind of tax except an ad valorem property tax.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.352: Imposition of Tax

(a) A district may not impose a tax or increase the rate of an existing tax unless a proposition proposing the imposition or rate increase is approved by a majority of the votes received at an election held for that purpose.

(b) Each new tax or rate increase must be expressed in a separate proposition consisting of a brief statement of the nature of the proposed tax.

(c) The notice of the election must contain a statement of the base or rate of the proposed tax.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.353: Tax Rate

(a) The board, subject to Section 174.352(a), may impose for a district a sales and use tax at the rate of:

(1) one-quarter of one percent;

(2) one-half of one percent;

(3) three-quarters of one percent; or

(4) one percent.

(b) A district may not adopt a sales and use tax rate, including a rate increase, that when combined with the rates of all sales and use taxes imposed by other political subdivisions of this state having territory in the district exceeds two percent in any location in the district.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Sec. 174.354: Effective Date of Tax

A district's sales and use tax takes effect on the first day of the second calendar quarter beginning after the election approving the tax.

Comments

Added by Acts 2009, 81st Leg., R.S., Ch. 85 (S.B. 1540), Sec. 2.04, eff. April 1, 2011.

Subtitle Z

Chapter 191

Sec. 191.001: Height of Structures Over Tracks

(a) In this section, "structure" includes a bridge, viaduct, overheadway, footbridge, or wire.

(b) The bottom of the lowest sill, girder, or crossbeam or the lowest downward projection of a structure built by the state, a county or municipality, or a railroad company or other corporation, firm, partnership, or individual over the tracks of a railway or railroad shall be placed at least 22 feet above the top of the rails of the tracks.

(c) A roof projection built from a loading platform along a railroad main track, siding track, spur, or switch shall be at least 22 feet above the rails of the track.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 191.002: Distance of Structures and Materials from Tracks

(a) A loading platform, house, fence, or other structure built, and lumber, wood, or other material placed, along a railroad in this state, either on or near the right-of-way of a main line or on or near a spur, switch, or siding of the railroad, shall be built or placed so that the nearest edge of the platform, the wall of the building, or the material is at least 8-1/2 feet from the center of the main line, spur, switch, or siding.

(b) The edge of a roof projection from a loading platform along a railroad main track, siding track, spur, or switch shall be at least 8-1/2 feet horizontally from the center of the track.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 191.003: Exception

Sections 191.001 and 191.002 do not apply to:

(1) a structure that had been built or was in the course of construction on June 18, 1925, or for the building of which material had been purchased on that date as provided by a prior contract or plan; or

(2) material that had been placed on June 18, 1925, or purchased for placing on that date as provided by a prior contract or plan.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 191.004: Rules

The department shall adopt rules in accordance with this chapter.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 191.005: Waiver of Provision

(a) On filing of an application and after notice to the attorney general, the department, for good cause shown, may by order permit a railroad company or other corporation, firm, partnership, or individual or a county or municipality to deviate from a provision of this chapter in accordance with the order.

(b) An action in accordance with an order issued under this section is not considered to violate this chapter.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 191.006: Civil Penalty

(a) The attorney general shall immediately bring an action against a railroad company or other corporation, firm, partnership, or individual who violates this chapter to collect a civil penalty in an amount of not less than $100 or more than $1,000 for each violation. Each day that a violation continues is a separate violation.

(b) The attorney general may bring a single action for multiple violations by the same corporation, firm, partnership, or individual.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Chapter 192

Sec. 192.001: Issuance of Permit

(a) A railroad company shall issue an engineer's operator permit to each person whom the company employs to operate or permits to operate a railroad locomotive in this state.

(b) A railroad company shall issue a train operator permit to each person:

(1) whom the company employs to operate or permits to operate a train in this state; and

(2) who has not been issued an engineer's operator permit.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 192.002: Permit Required

(a) A person operating a railroad locomotive in this state shall have in the person's immediate possession an engineer's operator permit issued under this chapter.

(b) A person operating a train in this state, other than a person issued a permit under Section 192.001(a), shall have in the person's immediate possession a train operator permit issued under this chapter.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 192.003: Form of Permit

A permit issued under this chapter must include the permit holder's name, address, physical description, photograph, and date of birth.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 192.004: Proof of Identification

If a peace officer requires a person to show proof of identification in connection with the person's operation of a railroad locomotive or train, the person:

(1) shall display the person's permit issued under this chapter; and

(2) may not be required to display a driver's license issued under Chapter 521 or commercial driver's license issued under Chapter 522.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 192.005: Record of Accident Or Violation

If a person operating a railroad locomotive or train is involved in an accident with another train or a motor vehicle or is arrested for violation of a law relating to the person's operation of a railroad locomotive or train:

(1) the number of or other identifying information on the person's driver's license or commercial driver's license may not be included in any report of the accident or violation; and

(2) the person's involvement in the accident or violation may not be recorded in the person's individual driving record maintained by the Department of Public Safety.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Chapter 193

Sec. 193.001: Hazardous Materials; Packing and Transportation

(a) Except as provided by Subsection (b), the department by rule may adopt any requirement that:

(1) relates to the safe packing or transportation of hazardous materials; and

(2) is consistent with Chapter 51, Title 49, United States Code, or regulations adopted under that law.

(b) The department may not adopt a requirement for the transportation of hazardous materials by vessel or by aircraft.

(c) The department may adopt any administrative rules necessary to implement this section.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 193.002: Hazardous Materials; Reports

(a) In this section, "hazardous material" means any substance the transportation of which by railroad is included within the coverage of rail car placarding requirements of regulations adopted by the United States Department of Transportation and published in Title 49, Code of Federal Regulations.

(b) A railroad company that transports hazardous materials in or through this state shall file with the department a copy of each hazardous materials incident report that the company files with the United States Department of Transportation under 49 C.F.R. Section 171.16. The copy must be filed not later than the 15th day after the date the incident that forms the basis of the report is discovered.

(c) Not later than April 1 of each year, a railroad company that transports hazardous materials in or through the state shall provide to the department:

(1) a map depicting the location of each railroad main line and branch line that the company owns, leases, or operates in the state;

(2) a map delineating the geographical limits of the company operating divisions or districts and identifying the principal operating officer for the company in each operating division or district;

(3) a primary and secondary telephone number for the company dispatcher responsible for train operations in each operating division or district;

(4) a list of each type of hazardous material by hazard class and the quantity of the material transported over each railroad line owned, leased, or operated by the company during the preceding year; and

(5) the name and address of the company employee in charge of training persons to handle an incident related to hazardous materials.

(d) For the purposes of Subsection (c)(4), "hazard class" means any one of the following, as defined by 49 C.F.R. Part 173, or, with respect to hazardous waste, listed as a substance subject to 40 C.F.R. Part 262:

(1) radioactive material;

(2) explosives, Class A;

(3) explosives, Class B;

(4) poison A;

(5) poison B;

(6) flammable gas;

(7) nonflammable gas;

(8) flammable liquid;

(9) oxidizer;

(10) flammable solid;

(11) corrosive material;

(12) combustible liquid;

(13) etiologic agent;

(14) other regulated material (ORM); or

(15) hazardous waste.

(e) If a substance fits the definition of more than one hazard class, the substance must be classified in accordance with the sequence stated in 49 C.F.R. Section 173.2a.

(f) The department shall compile information submitted to the department under this section for distribution to local emergency management agencies located in jurisdictions containing reported railroad operations.

(g) At least once each year the Texas Division of Emergency Management shall distribute the information compiled by the department to the appropriate officials for inclusion in local emergency management plans established under Subchapter E, Chapter 418, Government Code.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Chapter 194

Sec. 194.001: Extension of Utility Lines

(a) This section applies only to a corporation organized under the laws of this state that is authorized to:

(1) construct, acquire, and operate electric or other lines of railway in and between municipalities in this state; and

(2) acquire, hold, and operate other public utilities in and adjacent to the municipalities in or through which the corporation operates.

(b) A corporation described by Subsection (a) may extend its electric light, power, or gas lines to supply light, power, or gas, as appropriate, to the public residing beyond the territory adjacent to the municipalities in or through which the corporation operates.

(c) For the purpose of extending a line described by Subsection (b), the corporation has the same rights and powers of extension held by a public service corporation engaged in the supply and sale of electric light, power, or gas as provided by law.

(d) The authority granted under this section does not expressly or impliedly repeal any antitrust law of this state.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 194.002: Distribution of Gas Or Electricity Following Abandonment of Street Railway

(a) This section applies only to a private corporation that on April 26, 1937, was authorized by its charter and the statutes of this state to operate street and interurban railways and had the power to distribute and sell gas or electricity to the public.

(b) During the unexpired period of its corporate charter, a corporation that abandons or discontinues or has abandoned or discontinued the operation of its railways or motor buses substituted for the railways may continue to distribute and sell electricity or gas as authorized by its corporate charter and statutes in the same manner as if the abandonment or discontinuation had not occurred.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Chapter 199

Sec. 199.001: Aerial Or Other Tramway to Mine

(a) This section applies only to a person, firm, corporation, limited partnership, joint stock association, or other association that owns, constructs, operates, or manages an aerial or other tramway in this state between a mine, smelter, or railway.

(b) An entity described by Subsection (a) may hold and acquire by purchase or condemnation right-of-way. In the exercise of this right, the entity:

(1) is considered to be a common carrier;

(2) is subject to the jurisdiction and control of the department; and

(3) may exercise the power of eminent domain under which the entity may enter and condemn land, right-of-way, easements, or property of any person or corporation necessary for the construction, maintenance, or operation of the entity's aerial or other tramway.

(c) The power of eminent domain under Subsection (b) is exercised in the manner provided by law for the condemnation of land and acquisition of right-of-way by a railroad company.

Comments

Added by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 24.101, eff. September 1, 2011.

Sec. 199.002: Railroad Functions As Public and Governmental Functions

(a) In this section:

(1) "Railroad" means an enterprise created and operated to carry passengers, freight, or both on a fixed track. The term includes all real estate and interests in real estate, equipment, machinery, materials, structures, buildings, stations, facilities, and other improvements that are necessary to, or for the benefit of, the enterprise.

(2) "Municipality" means a home-rule municipality.

(b) The planning, acquisition, establishment, development, construction, enlarging, improvement, maintenance, equipping, operation, regulation, protection, policing, leasing, and alienation of a railroad or railroad facility by a municipality or other public agency, separately or jointly exercised:

(1) are declared to be public and governmental functions that are exercised for a public purpose and matters of public necessity; and

(2) in the case of a municipality, are declared to be municipal functions and purposes as well as public and governmental.

(c) All land and other property and privileges acquired and used by or on behalf of a municipality or other public agency for railroad purposes:

(1) are declared to be acquired for public and governmental purposes and as a matter of public necessity; and

(2) in the case of a municipality, are declared to be acquired for a municipal purpose.

(d) This section does not confer or convey governmental immunity or any other limitation of liability to any entity that is not a governmental entity, governmental authority, or public agency, or a subdivision of a governmental entity, governmental authority, or public agency.

Comments

Added by Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 19.007(a), eff. September 1, 2015.

Sec. 199.003: Use of State Money for High-Speed Rail

(a) For the purposes of this section, "high-speed rail" means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour.

(b) Except as required by federal law or other state law, including the National Environmental Policy Act of 1969 (42 U.S.C. Section 4321 et seq.):

(1) the legislature may not appropriate money to pay for a cost of planning, facility construction or maintenance, or security for, promotion of, or operation of, high-speed rail operated by a private entity; and

(2) a state agency may not accept or use state money to pay for a cost described by Subdivision (1).

(c) A state agency shall prepare a semiannual report of each expense described by this section and submit a copy of each report to:

(1) the commission;

(2) the comptroller;

(3) the committee in each house of the legislature with primary jurisdiction over transportation;

(4) the speaker of the house of representatives;

(5) the lieutenant governor; and

(6) the governor.

(d) This section is not intended to preclude or limit the execution of the department's responsibilities under federal law or other state law, including:

(1) regulatory responsibilities;

(2) oversight of transportation projects;

(3) environmental review;

(4) policy development;

(5) communication with public officials; or

(6) coordinating with a private entity that operates or proposes to operate high-speed rail in the same manner that the department coordinates with other entities that operate transportation projects.

Comments

Added by Acts 2017, 85th Leg., R.S., Ch. 311 (S.B. 977), Sec. 1, eff. September 1, 2017.

Title 6

Subtitle A

Chapter 201

Subchapter A

Sec. 201.001: Definitions

(a) In this title:

(1) "Commission" means the Texas Transportation Commission.

(2) "Department" means the Texas Department of Transportation.

(3) "Director" means the executive director of the Texas Department of Transportation.

(b) In this subtitle, "toll project" means one or more tolled lanes of a highway or an entire toll highway constructed, maintained, or operated as a part of the state highway system and any improvement, extension, or expansion to the highway, including:

(1) a facility to relieve traffic congestion and promote safety;

(2) a bridge, tunnel, overpass, underpass, interchange, entrance plaza, approach, toll booth, toll plaza, service road, ramp, or service center;

(3) an administration, storage, or other building, operations center, maintenance or other facility, equipment, or system the department considers necessary to operate the project;

(4) property rights, easements, and interests the department acquires to construct, maintain, or operate the project;

(5) a parking area or structure, rest stop, park, and any other improvement or amenity the department considers necessary, useful, or beneficial for the operation and maintenance of the project; and

(6) a nontolled facility that is appurtenant to and necessary for the efficient operation and maintenance of the project, including a connector, service road, access road, ramp, interchange, bridge, or tunnel.

(c) In this chapter, "local transportation entity" means an entity that participates in the transportation planning process, including:

(1) a regional tollway authority under Chapter 366;

(2) a rapid transportation authority under Chapter 451;

(3) a regional transportation authority under Chapter 452;

(4) a rural transit district under Chapter 458;

(5) a coordinated county transportation authority under Chapter 460; or

(6) a metropolitan planning organization under Subchapter D, Chapter 472.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.01, eff. June 14, 2005.

Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 2, eff. September 1, 2011.

Sec. 201.002: Operating Expenses; Use of State Highway Fund

(a) The legislature has the responsibility to:

(1) appropriate money for the maintenance and operational expenses of the department;

(2) determine the number of employees of the department; and

(3) set the amount of compensation of all employees of the department, including the director, and the members of the commission.

(b) The comptroller shall contract for equipment and supplies, including seals and number plates, required by law in the administration of the registration of vehicles and in the operation of the department.

(c) All money authorized to be appropriated in accordance with this section for the operation of the department and the purchase of equipment shall be appropriated from the state highway fund. The commission shall use the amount remaining in the fund for the furtherance of public road construction and for establishing a system of state highways.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 3.01, eff. September 1, 2007.

Sec. 201.003: Title Changes

(a) A reference in law to the State Highway Department, Texas Highway Department, or State Department of Highways and Public Transportation means the Texas Department of Transportation.

(b) A reference in law to the State Highway Commission or State Highway and Public Transportation Commission means the Texas Transportation Commission.

(c) A reference in law to the State Highway Engineer or State Engineer-Director for Highways and Public Transportation means the director of the Texas Department of Transportation.

(d) A reference in law to the commissioner of transportation means the chair of the commission.

(e) A reference in law to a member of the commission means a commissioner.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 140, Sec. 1, eff. Sept. 1, 2003.

Subchapter B

Sec. 201.051: Commission

(a) The Texas Transportation Commission consists of five members appointed by the governor with the advice and consent of the senate.

(b) The members shall be appointed to reflect the diverse geographic regions and population groups of this state. One member must reside in a rural area and be a registered voter of a county with a population of less than 150,000.

(b-1) A member of the commission may not accept a contribution to a campaign for election to an elected office. If a commissioner accepts a campaign contribution, the person is considered to have resigned from the office and the office immediately becomes vacant. The vacancy shall be filled in the manner provided by law.

(c) Each member of the commission must represent the general public.

(d) A person is not eligible to serve as a member of the commission if the person or the person's spouse:

(1) is employed by or participates in the management of a business entity or other organization that is regulated by or receives funds from the department;

(2) directly or indirectly owns or controls more than 10 percent interest in a business entity or other organization that is regulated by or receives funds from the department;

(3) uses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses; or

(4) is registered, certified, or licensed by the department.

(e) Repealed by Acts 1997, 75th Leg., ch. 1171, Sec. 1.49, eff. Sept. 1, 1997.

(f) An officer, employee, or paid consultant of a Texas trade association in the field of road construction or maintenance, aviation, or outdoor advertising is not eligible to serve as a member of the commission.

(g) The spouse of an officer, manager, or paid consultant of a Texas trade association in the field of road construction or maintenance, aviation, or outdoor advertising is not eligible to serve as a member of the commission.

(h) A person required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department is not eligible to serve as a member of the commission.

(i) Appointments to the commission shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees and shall reflect the diversity of the population of the state as a whole.

(j) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.02, 1.49, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 140, Sec. 2, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 3(a), eff. September 1, 2011.

Sec. 201.052: Terms

Members of the commission serve staggered six-year terms, with the terms of either one or two members expiring February 1 of each odd-numbered year.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 140, Sec. 3, eff. Sept. 1, 2003.

Sec. 201.053: Chair of the Commission

(a) The governor shall designate one commissioner as the chair of the commission, who shall serve as presiding officer of the commission.

(b) The chair shall:

(1) preside over commission meetings, make rulings on motions and points of order, and determine the order of business;

(2) represent the department in dealing with the governor;

(3) report to the commission the governor's suggestions for department operations;

(4) designate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules;

(5) create subcommittees, appoint commissioners to subcommittees, and receive the reports of subcommittees to the commission as a whole;

(6) appoint a commissioner to act in the chair's absence; and

(7) serve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 140, Sec. 4, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 24, eff. June 17, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 4, eff. September 1, 2011.

Sec. 201.054: Commission Meetings

The commission shall hold regular meetings at least once a month and special meetings at the call of the chair. Commissioners shall attend the meetings of the commission. The chair shall oversee the preparation of an agenda for each meeting and ensure that a copy is provided to each commissioner at least seven days before the meeting.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 140, Sec. 5, eff. Sept. 1, 2003.

Sec. 201.056: Compensation

A member of the commission is entitled to compensation as provided by the General Appropriations Act. If compensation for members is not provided by that Act, each member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the commission.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 201.057: Grounds for Removal

(a) It is a ground for removal from the commission if a commissioner:

(1) does not have at the time of taking office or maintain during service on the commission the qualifications required by Section 201.051;

(2) violates a prohibition provided by Section 201.051;

(3) cannot discharge the commissioner's duties for a substantial part of the term for which the commissioner is appointed because of illness or disability; or

(4) is absent from more than half of the regularly scheduled commission meetings that the commissioner is eligible to attend during a calendar year, unless the absence is excused by majority vote of the commission.

(b) The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commissioner exists.

(c) If the director knows that a potential ground for removal exists, the director shall notify the chair of the commission of the ground, and the chair shall notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal relates to the chair, the director shall notify another commissioner, who shall notify the governor and the attorney general that a potential ground for removal exists.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.03, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 140, Sec. 7, eff. Sept. 1, 2003.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 5, eff. September 1, 2011.

Sec. 201.058: Information on Qualifications and Conduct

The department shall provide to the members of the commission, as often as necessary, information concerning the members' qualifications for office and their responsibilities under applicable laws relating to standards of conduct for state officers.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 6, eff. September 1, 2011.

Sec. 201.059: Commission Member Training

(a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.

(b) The training program must provide the person with information regarding:

(1) the law governing department operations;

(2) the programs, functions, rules, and budget of the department;

(3) the scope of and limitations on the rulemaking authority of the commission;

(4) the results of the most recent formal audit of the department;

(5) the requirements of:

(A) laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and

(B) other laws applicable to members of the commission in performing their duties; and

(6) any applicable ethics policies adopted by the department or the Texas Ethics Commission.

(c) A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program, regardless of whether the attendance at the program occurs before or after the person qualifies for office.

(d) The director shall create a training manual that includes the information required by Subsection (b). The director shall distribute a copy of the training manual annually to each member of the commission. On receipt of the training manual, each member of the commission shall sign and submit to the director a statement acknowledging receipt of the training manual.

Comments

Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.04, eff. Sept. 1, 1997.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 2, eff. September 1, 2017.

Subchapter C

Sec. 201.101: Rules; Records

The commission shall:

(1) adopt rules for the operation of the department;

(2) maintain a record of all proceedings and official orders; and

(3) keep on file copies of all road plans, specifications, and estimates prepared by the department or under its direction.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 201.102: Separation of Responsibilities

The commission shall develop and implement policies that clearly separate the policy-making responsibilities of the commission and the management responsibilities of the director and staff of the department.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.05, eff. Sept. 1, 1997.

Sec. 201.103: Comprehensive System of Highways and Roads

(a) The commission shall plan and make policies for the location, construction, and maintenance of a comprehensive system of state highways and public roads.

(b) The commission shall designate as part of the state highway system a highway that it determines is necessary for the proper development and operation of the system. The commission may remove a segment of the state highway system that it determines is not needed for the system. In planning and making policies, the commission shall consider, for incorporation into the state highway system, turnpikes that other governmental or private entities are authorized to construct.

(c) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(29), eff. September 1, 2013.

(d) The director, under the direction and with the approval of the commission, shall prepare a comprehensive plan providing a system of state highways.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 668, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(29), eff. September 1, 2013.

Sec. 201.104: Designation of Farm-to-Market Roads

(a) The commission may designate any county road as a farm-to-market road for the purposes of construction, reconstruction, and maintenance only, if the commissioners court of the county in which the county road is located by order entered in its minutes waives any rights the county may have for state participation in any indebtedness incurred by the county in the construction of the road.

(b) The commission and the county commissioners court by contract may set forth the duties of the state in the construction, reconstruction, and maintenance of the county road in consideration for the county's, road district's, or defined road district's relinquishing all claims for state participation in any outstanding county or road district bond, warrant, or other evidence of indebtedness that is for the construction or improvement of the road and that was created before the road was designated by the commission.

(c) The assumption by the state of the obligation to construct and maintain a road designated under this section as a farm-to-market road is full and complete compensation for funds that were spent by the county, road district, or defined road district for the construction and maintenance of the road before its designation.

Comments

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 201.105: Department Districts

(a) The commission shall divide the state into not more than 25 districts for the purpose of the performance of the department's duties.

(b) In determining a district's boundaries, the commission shall consider all costs and benefits, including highway activity in and the number of employees required for the proposed district.

(c) Not more than one district office may be in a district.

(d) The commission shall determine the number of department offices necessary for maintenance and construction personnel in a district.

(e) The commission periodically shall review the necessity for the number of maintenance, construction, and support operations in each district. The commission shall include the findings of its review as a part of the department's budget request submitted to the Legislative Budget Board.

(f) The department is exempt from any law purporting to require the department to conform the provision of its services to service regions other than the districts established under this section.

(g) The commission may require by rule that any product or material that is approved for use in any one district may be approved for use by any other district.<