Sec. 370.309. OWNERSHIP OF TRANSPORTATION PROJECTS. (a) A transportation project other than a public utility facility that is the subject of a development agreement with a private entity, including the facilities acquired or constructed on the project, is public property and belongs to the authority.
(b) Notwithstanding Subsection (a), an authority may enter into an agreement that provides for the lease of rights-of-way, the granting of easements, the issuance of franchises, licenses, or permits, or any lawful uses to enable a private entity to construct, operate, and maintain a transportation project, including supplemental facilities. At the termination of the agreement, the transportation project, including the facilities, must be in a state of proper maintenance as determined by the authority and shall be returned to the authority in satisfactory condition at no further cost.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 2.01, eff. June 21, 2003.
Structure Texas Statutes
Subtitle G - Turnpikes and Toll Projects
Chapter 370 - Regional Mobility Authorities
Subchapter G. Participation in Financing, Construction, and Operation of Transportation Projects
Section 370.301. Department Contributions to Turnpike Projects
Section 370.302. Agreements to Construct, Maintain, and Operate Transportation Projects
Section 370.303. Agreements Between Authority and Governmental Entities
Section 370.304. Additional Agreements of Authority
Section 370.305. Comprehensive Development Agreements
Section 370.306. Process for Entering Into Comprehensive Development Agreements
Section 370.307. Confidentiality of Negotiations for Comprehensive Development Agreements
Section 370.308. Performance and Payment Security
Section 370.309. Ownership of Transportation Projects
Section 370.310. Liability for Private Obligations
Section 370.311. Terms of Private Participation
Section 370.312. Rules, Procedures, and Guidelines Governing Negotiating Process
Section 370.313. Participation on Certain Other Boards, Commissions, or Public Bodies