Sec. 431.102. APPLICATION OF CHAPTER 394, LOCAL GOVERNMENT CODE. (a) In the manner in which Chapter 394, Local Government Code, applies to a corporation created under that chapter, that chapter applies to:
(1) the manner in which a local government corporation is created and dissolved;
(2) the appointment of the board of a local government corporation and the members' terms of service;
(3) the manner and the conditions under which the board serves; and
(4) the form, execution, approval, filing, and amending of the articles of incorporation and bylaws of a local government corporation.
(b) The property of a local government corporation and a transaction to acquire the property is exempt from taxation in the same manner as a corporation created under Chapter 394, Local Government Code, except that property of a local government corporation created by a municipal power agency that was created under Subchapter C, Chapter 163, Utilities Code, is not exempt from ad valorem taxation if the property is located outside of the boundaries of each of the municipalities that created the municipal power agency.
(c) The requirement of Section 394.021(a), Local Government Code, that all directors must be residents of the local government shall not be applicable to directors of a local government corporation except that a person may not be appointed to the board of a local government corporation if the appointment of that person would result in less than a majority of the board members being residents of the local government.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 983, Sec. 13, eff. June 18, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 654 (S.B. 1120), Sec. 1, eff. June 17, 2011.
Structure Texas Statutes
Subtitle I - Transportation Corporations
Chapter 431 - Texas Transportation Corporation Act
Subchapter D. Local Government Corporations
Section 431.101. Creation of Local Government Corporation
Section 431.1015. Corporations of Certain Counties for Toll Projects
Section 431.102. Application of Chapter 394, Local Government Code
Section 431.103. Contracts With Political Subdivisions
Section 431.104. Assumption of Powers and Duties
Section 431.105. Contractual Authority
Section 431.106. Public Safety Rules
Section 431.107. Income of Local Government Corporation
Section 431.108. Governmental Functions
Section 431.109. Contracts for Historically Underutilized Businesses
Section 431.110. Competitive Bidding Exception for Certain Improvements