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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 15FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS
SUBCHAPTER HTRANSPORTATION CORPORATIONS
RULE §15.93Commission and Department Responsibility

(a) Debt. The commission and the department shall not assume liability for any action of the corporation, any debt incurred by the corporation, or any judgment against the corporation, its officers, employees, or agents.

(b) Commitment. Creation of a corporation by the commission shall not be construed to be a commitment for future roadway construction, operation, or maintenance, nor shall such action be considered as authorization for right of way acquisition, construction funding, or development of a transportation project.

(c) Authority.

  (1) It is and shall remain the policy of the commission that corporations are to be viewed as acting on behalf of the commission. A corporation only has the powers and may perform only the functions specifically delegated to it by order of the commission. All decisions with respect to location, design, construction and related matters shall be made by the commission and the department.

  (2) The board shall comply with such directions as the commission may from time to time communicate concerning staffing, contracting, and corporation organizational matters.

(d) Curative actions. In the event that a corporation is determined to be insolvent, found to be in noncompliance with the requirements of this subchapter, or fails to respond to a request of the commission or the department, the corporation is subject to curative actions by the commission up to and including dissolution.


Source Note: The provisions of this §15.93 adopted to be effective January 1, 1997, 21 TexReg 11828.

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