An authority may transfer turnpike projects, systems, and related work product to local governmental entities if several conditions are met. Local governmental entities must reimburse certain transferred costs.
Sec. 366.036. TRANSFER OF TURNPIKE PROJECT OR SYSTEM. (a) An authority may transfer any of its turnpike projects or systems to one or more local governmental entities if: (1) the authority has commitments from the governing bodies of the local 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 local governmental entities assuming jurisdiction over the transferred projects or systems; (5) the local 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 local 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 turnpike 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. (c) A local 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 local governmental entity under Subsection (b) and any other amounts expended under related agreements transferred to the local governmental entity. The reimbursement may be made over time, as determined by the local governmental entity and the authority. Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.59, eff. June 14, 2005.