TRANSPORTATION CODE
CHAPTER 282. TOLL UNDERPASS OR TUNNEL IN CERTAIN COUNTIES
§ 282.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a county with a population of 350,000 or more.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.002. GRANT OF FRANCHISE AUTHORIZED. The
commissioners court of a county may grant to a person a franchise
for the construction, maintenance, and operation of a toll
underpass or tunnel under a body of water and any necessary approach
to the underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.003. TERM OF FRANCHISE. The term of a franchise
granted under this chapter may not exceed 50 years.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.004. CONTRACT AUTHORIZED. The commissioners
court may contract with the franchisee to finance, construct, own,
maintain, and operate a toll underpass or tunnel and any approach.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.005. MAINTENANCE REQUIRED. (a) The franchise
must be conditioned on the franchisee's building and keeping in
continuous repair, for the term of the franchise, the toll
underpass or tunnel and any approach in accordance with the plans
and specifications in the contract and franchise.
(b) The contract and franchise must provide that the
franchisee keep the underpass or tunnel and any approach in
continuous repair during the term of the contract or franchise.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.006. TOLL. The commissioners court and the
franchisee shall agree on a reasonable toll to impose for all
cattle, railroads, persons, or vehicles that pass through the
underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.007. OPTION OF COUNTY TO PURCHASE. The contract
and franchise granted may provide that the county has the right to
purchase the underpass or tunnel at the time and price specified by
the contract or franchise.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.008. OWNERSHIP BY COUNTY AUTHORIZED. The
commissioners court may provide for the county to construct,
acquire, own, and operate an underpass or tunnel and any necessary
approach as part of the county's road and bridge system.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.009. CROSSING UNDER NAVIGABLE BODY OF WATER. The
franchise must provide that the underpass or tunnel be constructed
so that, where it crosses a navigable body of water, the tunnel or
underpass is at a depth below the fixed navigable depth of the body
of water adequate to comply with law and the rules and regulations
of a state authority or department of the United States government
in charge of the body of water.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.010. TOLL BY COUNTY AUTHORIZED. The
commissioners court of a county that operates an underpass or
tunnel may impose a toll for use of the underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.011. CONDEMNATION OF RIGHT-OF-WAY OR EASEMENT. A
county may condemn a right-of-way or easement in real property
necessary to construct an underpass, tunnel, or approach.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 282.012. GRANTS OR LOANS OF PUBLIC FUNDS. A
commissioners court may enter into an agreement that relates to a
grant or loan of public funds from the federal government as
necessary to carry out this chapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
