Tex. Transp. Code § 222.1045 · Subchapter E. TOLL FACILITIES
CONTRACTS OF CERTAIN PUBLIC ENTITIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 281 (H.B. 2702), Sec. 2.19
Sec. 222.1045. CONTRACTS OF CERTAIN PUBLIC ENTITIES.
(a) In this section, "public entity" means a municipality, county, regional mobility authority, or regional tollway authority.
(b) A public entity may contract with a private entity to act as the public entity's agent in:
(1) the design, financing, maintenance, operation, or construction, including oversight and inspection, of a toll or nontoll facility under Section 222.104(b); or
(2) the maintenance of a state highway or a portion of a state highway subject to an agreement under Section 222.104(d)(1).
(c) A public entity shall:
(1) select a private entity under Subsection (b) on the basis of the private entity's qualifications and experience; and
(2) enter into a project development agreement with the private entity.
(d) A private entity selected shall comply with Chapter 1001, Occupations Code, and all laws related to procuring engineering services and construction bidding that are applicable to the public entity that selected the private entity.
(e) A public entity may assign the public entity's right to payment of pass-through tolls under Section 222.104(b) or (d)(1) to the private entity.
Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 994 (H.B. 2139), Sec. 2
Sec. 222.1045. CONTRACTS OF CERTAIN PUBLIC ENTITIES.
(a) In this section, "public entity" means a municipality, county, regional mobility authority, or a regional tollway authority.
(b) A public entity may contract with a private entity to act as the public entity's agent in:
(1) the design, financing, maintenance, operation, or construction, including oversight and inspection, of a toll or nontoll facility under Section 222.104(b); or
(2) the maintenance of a state highway or a portion of a state highway converted to a toll facility under Section 222.104(c).
(c) A public entity shall:
(1) select a private entity under Subsection (b) on the basis of the private entity's qualifications and experience; and
(2) enter into a project development agreement with the private entity.
(d) A private entity selected shall comply with Chapter 1001, Occupations Code, and all laws related to procuring engineering services and construction bidding that are applicable to the public entity that selected the private entity.
(e) A public entity may assign the public entity's right to payment of pass-through tolls under Section 222.104(b) or (c) to the private entity.
Notes and commentary — not statutory text
History (Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 281 (H.B. 2702), Sec. 2.19)
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.19, eff. June 14, 2005.
History (Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 994 (H.B. 2139), Sec. 2)
Added by Acts 2005, 79th Leg., Ch. 994 (H.B. 2139), Sec. 2, eff. June 18, 2005.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.222.htm
- Text hash
- sha256 373ab2025dba3884d84172bf60bbc6fd08b5ac335364b63b78cda52e30b20748
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
- the Legislative Council prints 2 versions of this section in force side by side, each under its caption
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