Texas Attorney General Opinion: LO92-071 Page: 2 of 7
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Honorable Ron Wilson - Page 2 (.>0-92-71)
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You state that the amount of METRO funds pledged to the maintenance or
improvement of Houston streets totals $1155 million annually. You also descrin'be
the projects the proposed expenditures will be dedicated to. You further indicate
that this action is proposed pursuant to authority granted by sections 6(t) and 6(u) of
article Il18x, V.T.C.S, which provide the following:
(t) Except as provided by Subsection (u) of this section,
each authority that was confirmed at a tax election under
Section 5 of this Act before July 1, 1985, other than an authority
that is authorized under Subsection (e) of Section 6C of this Act
to include regional economic development facilities in its station
or terminal complex, may construct, reconstruct, or maintain any
highway, road, thoroughfare, or arterial or local street, including
any bridge or grade separation, within the boundaries of the
authority and may undertake traffic signalization and control
improvements of any kind within the boundaries of the
authority. An authority may exercise any portion of the powers
granted by this subsection through contracts or other
agreements with other governmental entities.
(u) An authority may not act under Subsection (t) of this
section in a municipality without:
(1) the consent of the governing body of the municipality;
or
(2) a contract with the municipality that specifies the
actions the authority may take in the municipality.
Section 6(v) provides that subsection (t) does not apply to activities undertaken by
an authority pursuant to section 6(e) of the act, which authorizes a metropolitan
rapid transit authority (MTA) to, inter alia, develop, construct, operate, and
maintain "systems" within their boundaries and to use public streets for such
purposes. See V.T.C.S. art. 111x, 2(f) (definition of "system"). Thus, section 6(t)
was intended to authorize work on streets which are not part of the transit system.
Turning to your first inquiry - whether the proposed expenditures are valid -
we note that the validity of specific expenditures will turn on the facts surrounding
the expenditure. Whether particular projects can be characterized as construction,mXpro1enF
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO92-071, text, November 3, 1992; (https://texashistory.unt.edu/ark:/67531/metapth276570/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.