Texas Transportation Code 370.039 – Transfer of Transportation Project or System
(a) An authority may transfer any of its transportation projects or systems to one or more governmental entities if:
(1) the authority has commitments from the governing bodies of the governmental entities to assume jurisdiction over the transferred projects or systems;
(2) property and contract rights in the transferred projects or systems and bonds issued for the projects or systems are not affected unfavorably;
(3) the transfer is not prohibited under the bond proceedings applicable to the transferred projects or systems;
(4) adequate provision has been made for the assumption of all debts, obligations, and liabilities of the authority relating to the transferred projects or systems by the governmental entities assuming jurisdiction over the transferred projects or systems;
(5) the governmental entities are authorized to assume jurisdiction over the transferred projects or systems and to assume the debts, obligations, and liabilities of the authority relating to the transferred projects or systems; and
(6) the transfer has been approved by the commissioners court of each county that is part of the authority.
(b) An authority may transfer to one or more governmental entities any traffic estimates, revenue estimates, plans, specifications, surveys, appraisals, and other work product developed by the authority in determining the feasibility of the construction, improvement, extension, or expansion of a transportation project or system, and the authority’s rights and obligations under any related agreements, if the requirements of Subsections (a)(1) and (6) are met.
Terms Used In Texas Transportation Code 370.039
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Property: means real and personal property. See Texas Government Code 311.005
(c) A governmental entity shall, using any lawfully available funds, reimburse any expenditures made by an authority from its feasibility study fund or otherwise to pay the costs of work product transferred to the governmental entity under Subsection (b) and any other amounts expended under related agreements transferred to the governmental entity. The reimbursement may be made over time, as determined by the governmental entity and the authority.