Terms Used In Texas Transportation Code 370.003

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Personal property: All property that is not real property.
  • Property: means real and personal property. See Texas Government Code 311.005
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

In this chapter:
(1) “Authority” means a regional mobility authority organized under this chapter or under Section 361.003, as that section existed before June 22, 2003.
(2) “Board” means the board of directors of an authority.
(3) “Bond” includes a bond, certificate, note, or other obligation of an authority authorized by this chapter, another statute, or the Texas Constitution.
(4) “Bond proceeding” includes a bond resolution and a bond indenture authorized by the bond resolution, a credit agreement, loan agreement, or other agreement entered into in connection with the bond or the payments to be made under the agreement, and any other agreement between an authority and another person providing security for the payment of a bond.
(5) “Bond resolution” means an order or resolution of a board authorizing the issuance of a bond.
(6) “Bondholder” means the owner of a bond and includes a trustee acting on behalf of an owner of a bond under the terms of a bond indenture.
(7) “Comprehensive development agreement” means an agreement under § 370.305.
(8) “Governmental entity” means a political subdivision of the state, including a municipality or a county, a political subdivision of a county, a group of adjoining counties, a district organized or operating under § 52, Article III, or § 59, Article XVI, Texas Constitution, the department or another state agency, a rail district, a transit authority, a nonprofit corporation, including a transportation corporation, that is created under Chapter 431, or any other public entity or instrumentality.
(9) “Highway” means a road, highway, farm-to-market road, or street under the supervision of the state or a political subdivision of this state.
(9-a) “Intermodal hub” means a central location where cargo containers can be easily and quickly transferred between trucks, trains, and airplanes.
(10) “Public utility facility” means:
(A) a water, wastewater, natural gas, or petroleum pipeline or associated equipment;
(B) an electric transmission or distribution line or associated equipment; or
(C) telecommunications information services, or cable television infrastructure or associated equipment, including fiber optic cable, conduit, and wireless communications facilities.
(11) “Revenue” means fares, fees, rents, tolls, and other money received by an authority from the ownership or operation of a transportation project.
(12) “Surplus revenue” means revenue that exceeds:
(A) an authority’s debt service requirements for a transportation project, including the redemption or purchase price of bonds subject to redemption or purchase as provided in the applicable bond proceedings;
(A-1) an authority’s payment obligations under a contract or agreement authorized by this chapter;
(B) coverage requirements of a bond indenture for a transportation project;
(C) costs of operation and maintenance for a transportation project;
(D) cost of repair, expansion, or improvement of a transportation project;
(E) funds allocated for feasibility studies; and
(F) necessary reserves as determined by the authority.
(13) “System” means a transportation project or a combination of transportation projects designated as a system by the board under § 370.034.
(14) “Transportation project” means:
(A) a turnpike project;
(B) a system;
(C) a passenger or freight rail facility, 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;
(D) a roadway with a functional classification greater than a local road or rural minor collector;
(D-1) a bridge;
(E) a ferry;
(F) an airport, other than an airport that on September 1, 2005, was served by one or more air carriers engaged in scheduled interstate transportation, as those terms were defined by 14 C.F.R. § 1.1 on that date;
(G) a pedestrian or bicycle facility;
(H) an intermodal hub;
(I) an automated conveyor belt for the movement of freight;
(J) a border crossing inspection station, including:
(i) a border crossing inspection station located at or near an international border crossing; and
(ii) a border crossing inspection station located at or near a border crossing from another state of the United States and not more than 50 miles from an international border;
(K) an air quality improvement initiative;
(L) a public utility facility;
(M) a transit system;
(M-1) a parking area, structure, or facility, or a collection device for parking fees;
(N) if applicable, projects and programs listed in the most recently approved state implementation plan for the area covered by the authority, including an early action compact;
(O) improvements in a transportation reinvestment zone designated under Subchapter E, Chapter 222;
(P) port security, transportation, or facility projects eligible for funding under § 55.002; and
(Q) an aerial cable car or aerial tramway for the transportation of persons or property, or both, that is located in the jurisdiction of an authority created under § 370.031(c).
(14-a) “Transportation project” does not include a border inspection facility that serves a bridge system that had more than 900,000 commercial border crossings during the state fiscal year ending August 31, 2002.
(15) “Turnpike project” means a highway of any number of lanes, with or without grade separations, owned or operated by an authority under this chapter and any improvement, extension, or expansion to that highway, including:
(A) an improvement to relieve traffic congestion or promote safety;
(B) a bridge, tunnel, overpass, underpass, interchange, service road, ramp, entrance plaza, approach, or tollhouse;
(C) an administration, storage, or other building the authority considers necessary for the operation of a turnpike project;
(D) a parking area or structure, rest stop, park, and other improvement or amenity the authority considers necessary, useful, or beneficial for the operation of a turnpike project; and
(E) a property right, easement, or interest the authority acquires to construct or operate the turnpike project.
(16) “Mass transit” means the transportation of passengers and hand-carried packages or baggage of a passenger by any means of surface, overhead, or underground transportation, other than an aircraft or taxicab.
(17) “Service area” means the county or counties in which an authority or transit provider has established a transit system.
(18) “Transit provider” means an entity that provides mass transit for the public and that was created under Chapter 451, 452, 453, 454, 457, 458, or 460.
(19) “Transit system” means:
(A) property owned or held by an authority for mass transit purposes; and
(B) facilities necessary, convenient, or useful for:
(i) the use of or access to mass transit by persons or vehicles; or
(ii) the protection or environmental enhancement of mass transit.