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Texas Statutes (Last Updated: January 4, 2014) |
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GOVERNMENT CODE |
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Title 10. GENERAL GOVERNMENT |
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Subtitle F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT |
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Chapter 2267. PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE |
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Subchapter A. GENERAL PROVISIONS |
Sec. 2267.001. DEFINITIONS
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In this chapter:
(1) "Affected jurisdiction" means any county or municipality in which all or a portion of a qualifying project is located.
(2) "Comprehensive agreement" means the comprehensive agreement authorized by Section 2267.058 between the contracting person and the responsible governmental entity.
(3) "Contracting person" means a person who enters into a comprehensive or interim agreement with a responsible governmental entity under this chapter.
(4) "Develop" means to plan, design, develop, finance, lease, acquire, install, construct, or expand a qualifying project.
(5) "Governmental entity" means:
(A) a board, commission, department, or other agency of this state, including an institution of higher education as defined by Section 61.003, Education Code, that elects to operate under this chapter through the adoption of a resolution by the institution's board of regents; and
(B) a political subdivision of this state that elects to operate under this chapter by the adoption of a resolution by the governing body of the political subdivision.
(6) "Interim agreement" means an agreement authorized by Section 2267.059 between a contracting person and a responsible governmental entity that proposes the development or operation of the qualifying project.
(7) "Lease payment" means any form of payment, including a land lease, by a governmental entity to the contracting person for the use of a qualifying project.
(8) "Material default" means any default by a contracting person in the performance of duties imposed under Section 2267.057(f) that jeopardizes adequate service to the public from a qualifying project.
(9) "Operate" means to finance, maintain, improve, equip, modify, repair, or operate a qualifying project.
(10) "Qualifying project" means:
(A) any ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, oil or gas pipeline, water supply facility, public work, waste treatment facility, hospital, school, medical or nursing care facility, recreational facility, public building, or other similar facility currently available or to be made available to a governmental entity for public use, including any structure, parking area, appurtenance, and other property required to operate the structure or facility and any technology infrastructure installed in the structure or facility that is essential to the project's purpose; or
(B) any improvements necessary or desirable to unimproved real estate owned by a governmental entity.
(11) "Responsible governmental entity" means a governmental entity that has the power to develop or operate an applicable qualifying project.
(12) "Revenue" means all revenue, income, earnings, user fees, lease payments, or other service payments that support the development or operation of a qualifying project, including money received as a grant or otherwise from the federal government, a governmental entity, or any agency or instrumentality of the federal government or governmental entity in aid of the project.
(13) "Service contract" means a contract between a governmental entity and a contracting person under Section 2267.054.
(14) "Service payment" means a payment to a contracting person of a qualifying project under a service contract.
(15) "User fee" means a rate, fee, or other charge imposed by a contracting person for the use of all or part of a qualifying project under a comprehensive agreement.