Texas Local Government Code 334.0236 – Appeal of Authority Determination
(a) If a rapid transit authority determines under § 334.0235 that implementation of the resolution will have a significant negative impact on the authority’s ability to provide services or will impair an existing contract, the municipality or county may contest the finding by filing an appeal with the authority not later than the 10th day after the date the municipality or county receives the written notice under § 334.0235.
(b) Before the 11th day after the date the rapid transit authority receives the appeal under Subsection (a), the authority shall perform a new analysis to determine if implementation of the resolution will have a significant negative impact on the authority’s ability to provide services or will impair an existing contract and provide to the municipality or county written notice of the results of the analysis.
Terms Used In Texas Local Government Code 334.0236
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Contract: A legal written agreement that becomes binding when signed.
- Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the authority again determines that implementation will have a significant negative impact on the authority’s ability to provide services or will impair an existing contract, the written analysis required under Subsection (b) must include additional information on how to change the resolution so that implementation will not have a significant negative impact on the authority’s ability to provide services and will not impair an existing contract.
(d) If the rapid transit authority does not comply with Subsection (b) before the 11th day after the date the authority receives the appeal or request for information, the authority is considered to have determined that approval and implementation of the resolution will not have a significant negative impact on the authority’s ability to provide services and will not impair any existing contracts.