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Transportation

Summaries

KP-0017
Ken Paxton

Consideration of Texas Constitution article III, section 49-k regarding the Texas Mobility Fund|Texas courts do not use ballot language to construe a constitutional amendment.|Ballot language of a proposed constitutional amendment is sufficient if it identifies the amendment, showing its character and scope, that is, its intent, import, subject matter, or theme.

KP-0033
Ken Paxton

Transportation Code section 681.0101 - A court would likely conclude that section 681.0101 does not authorize a political subdivision to appoint a private business to enforce the privileged parking provisions of chapter 681 because a private business is not a "person" under section 681.0101|Privileged parking provisions of Transportation Code chapter 681 - A court would likely conclude that a political subdivision is not authorized to contract with a private business to enforce the privileged parking provisions of chapter 681.

KP-0046
Ken Paxton

A court would likely determine that the Metropolitan Transit Authority of Harris County intended the expenditure of a portion of the bond proceeds on the Uptown/West Loop 4.4 mile rail segment to be a part of its contract with the voters.|Determination of legality of the Metropolitan Transit Authority of Harris County's authority to participate in the Uptown Houston Transit Project involves fact questions and is inappropriate to an attorney general opinion|Bond proceeds approved by the voters in an election can only be used for those projects and cannot be applied to other projects.

KP-0194
Ken Paxton

Commencement of environmental review process for purposes of Transportation Code subsection 372.002(d)|Commences

KP-0197
Ken Paxton

Article III, section 49-g - Use of state highway funds designated by voter approval of Proposition 1|Article VIII, section 7-c - Use of state highway funds designated by voter approval of Proposition 7|Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects|Transportation Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects

GA-0179
Greg Abbott

Insurers, Texas Automobile Theft Prevention Authority may not assess fee on other than those writing "motor vehicle insurance" policies|Programs, Automobile Theft Prevention Authority may not fund those programs that relate to theft of self-propelled farm or construction equipment, or boats and aircraft; it may establish a program to prevent self-propelled farm and construction equipment |Motor vehicle

GA-0185
Greg Abbott

Article 6288 of the Revised Civil Statutes governs the residency requirements for directors of the Texas Mexican Railway Company

GA-0190
Greg Abbott

County airport land, procedures applicable to lease for airport purposes|Airport land, procedures applicable to lease for airport purposes|Constitutional authority to adopt, amend, and repeal law may be limited only by state and federal constitutions and federal statutes; may not be limited by state statute

GA-0331
Greg Abbott

Blocking of railroad crossing, section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than ten minutes, is preempted by the federal Interestate Commerce Commi|Railroads, Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Act, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for|Interstate Commerce Commission Termination Act of 1995 and the Federal Railroad Safety Act preempt section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than|Railroads, section 471.007 of the Transportation Code, which imposes a criminal penalty against a railway company if its train blocks a railroad crossing for more than ten minutes, is preempted by the federal Interstate Commerce Commission Termination Act

GA-0517
Greg Abbott

Public Information Act, applicability to non-governmental entities with the power of eminent domain \r\n|Eminent domain, applicability of the Act to non-governmental entities with power of eminent domain \r\n|Common carriers, applicability of exception from limitations on entities with eminent domain powers in section 2206.001 of the Government Code\r\n

GA-0653
Greg Abbott

Equal and uniform requirement, if its sales and use tax at different rates in different subregions falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable, Regional Transportation Authority’s sales and use tax levy does not violate|Regional Transportation Authority’s levy of sales and use tax at different rates in different subregions does not violate constitutional equal and uniform requirement if the tax falls equally on people and property within each subregion and the different tax treatment by subregion is reasonable|Sales and use tax; levy by Regional Transportation Authority

GA-0684
Greg Abbott

Airline Deregulation Act of 1978, preemption of regulation of air ambulance subscription program for air ambulances providing interstate transportation|Air ambulances, preemption of state statute and regulations on price by Airline Deregulation Act of 1978 for air ambulances providing interstate transportation|Subscription program

GA-0703
Greg Abbott

Remove fencing from county road right-of-way, authority of county commissioners court to

GA-0763
Greg Abbott

Municipality is not required to receive a petition signed by twenty percent of its qualified voters before calling an election to withdraw from a regional transportation authority|Petition signed by twenty percent of its qualified voters, municipality not required to receive before calling an election to withdraw from a regional transportation authority

GA-0836
Greg Abbott

City withdrawing from regional transportation authority, a metropolitan planning organization’s policy body does not have authority under chapter 452, Transportation Code, to close a transit station in|Existing contracts or agreements governing funding pertaining to the station, any right in the RTC to seek repayment from the City of federal funds expended in relation to the transit station would be determined under|Regional transportation authority, a metropolitan planning organization’s policy body does not have authority, under chapter 452, Transportation Code, to close a transit station in city withdrawing from

GA-0852
Greg Abbott

Legislative enactments which provide incoming revenue for the State Highway fund constitute \\"enacted revenue measures\\" under article IX, section 17.10(b)(1) of the Appropriations Act, regardless of when they were enacted|Enacted revenue measures

GA-0873
Greg Abbott

Diesel turbine engine, motor vehicle with, must be equipped with a muffler

GA-0885
Greg Abbott

Regional Mobility Authority, appointment process for members of the board of the Hidalgo County Regional Mobility Authority

GA-0955
Greg Abbott

Designated engineering representative appointed by Federal Aviation Administration need not be licensed as a Texas professional engineer unless engaged in practice of engineering in Texas outside scope of federal designation|Licensed by the Board, person engaging in the practice of engineering in Texas outside the scope of capacity as a federally appointed \\"designated engineering representative\\" must be

GA-0966
Greg Abbott

Operation of golf cart in master planned community, public or private beach, or public highway|Master planned community

GA-0968
Greg Abbott

Contract with voters; representations and statements preceding an election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project|Contract with voters; representations and statements preceding election for creation of Advanced Transportation District as limiting municipality, county, district use of sales and use tax for streetcar project

DM-0043
Dan Morales

Monorail technology, procurement of transit system employing subject to competitive bidding, however, transit authority board may grant waiver in favor of competitive negotiation if statutorily specific conditions are found

DM-0364
Dan Morales

Rapid transit authority, power to prohibit licensed carrying of concealed handguns on its vehicles|City or county park, licensed carrying of concealed handguns in|Concealed handguns, county may prohibit carrying of under license in county park|Concealed handguns, power of rapid transit authority to prohibit licensed carrying of on its vehicles|Concealed handguns, city may not prohibit carrying of under license in public park

DM-0378
Dan Morales

School districts, passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for|School bus|Passenger cars and motor buses as transportation to and from school and extracurricular activities, standards for

DM-0451
Dan Morales

Parking fee exemption, scope|Parking fee exemption for disabled persons at municipal airports

JC-0076
John Cornyn

Common-carrier obligation and rail line beyond authority's service area, authority may acquire if necessary, convenient, or useful to accomplishment of statutory purposes|Necessary, convenient, or useful|Common-carrier obligation and rail line beyond mass-transit authority's service area, authority may acquire if necessary, convenient, or useful to accomplishment of authority's statutory purpose

JC-0343
John Cornyn

Ready-mixed concrete trucks, applicability of the weight limits set pursuant to chapters 621 and 622 of Transportation Code

JM-1207
Jim Mattox

Medicaid recipients, authority of transit authority to charge Department of Human Services price for bulk prepurchased tickets in excess of price charged to general public

KP-0280
Ken Paxton

A supplemental appropriation to the Transportation Infrastructure Fund became effective on June 6, 2019.  Amendments to the Fund’s distribution formula became effective on September 1, 2019.  Funds distributed prior to September 1, 2019, will follow the pre-amendment formula and the amended formula will be used after September 1, 2019.

KP-0323
Ken Paxton

If wearing a facial covering in a transit authority vehicle or facility is necessary for the safe and efficient operation of the Metropolitan Transit Authority of Harris County during the COVID-19 pandemic, the Authority may require any person medically capable of doing so to wear a facial covering when entering its vehicles or facilities. 

KP-0458
Ken Paxton

A deputy sheriff from Aransas County may not operate a fixed commercial vehicle weigh station directing all commercial vehicles to exit a highway to be weighed.