By: Hill H.B. No. 1750
73R4212 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to providing a referendum to determine the powers and
1-3 duties of certain regional transportation authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 683, Acts of the 66th Legislature,
1-6 Regular Session, 1979 (Article 1118y, Vernon's Texas Civil
1-7 Statutes), is amended by adding Sections 10D and 10E to read as
1-8 follows:
1-9 Sec. 10D. REFERENDUM. (a) An authority in a subregion
1-10 having a principal city with a population in excess of 800,000
1-11 shall hold an election on November 2, 1993, on the adoption of
1-12 changes in the structure of the authority as provided by Section
1-13 10E of this Act.
1-14 (b) At the election the ballots shall be prepared to permit
1-15 voting for or against the following proposition: "The
1-16 restructuring of the administration of (name of authority)." Not
1-17 later than October 1, 1993, an authority holding an election under
1-18 this section shall prepare and distribute information for voters
1-19 describing the changes that are proposed by Section 10E of this
1-20 Act.
1-21 (c) If a majority of the voters of an authority voting in an
1-22 election under this section vote in favor of the proposition,
1-23 Section 10E of this Act applies to that authority. If less than a
1-24 majority of the voters vote in favor of the proposition, Section
2-1 10E of this Act has no effect in that authority.
2-2 Sec. 10E. RESTRUCTURING OF AUTHORITY AFTER REFERENDUM. (a)
2-3 Notwithstanding any other provision of this Act, after December 31,
2-4 1993, this section applies to an authority in which a majority of
2-5 the voters vote in favor of the proposition in the election under
2-6 Section 10D of this Act.
2-7 (b) In making its appointments to a subregional board of an
2-8 authority, a political subdivision shall, to the greatest extent
2-9 practicable, select persons who accurately reflect the racial and
2-10 ethnic composition of the political subdivision. Members of a
2-11 subregional board serve staggered terms of two years with one-half
2-12 of the terms beginning on January 1st of each odd-numbered year and
2-13 one-half of the terms beginning on January 1st of each
2-14 even-numbered year. If the number of members on the subregional
2-15 board is an odd number, the number of terms beginning on January
2-16 1st of an even-numbered year is one greater than the number of
2-17 terms beginning in an odd-numbered year. The term of a board
2-18 member does not end because of a restructuring under Section 6(f)
2-19 of this Act.
2-20 (c) The local government board consists of 15 members. The
2-21 commissioners court of the county where the principal city is
2-22 located shall appoint one member. The remaining members of the
2-23 local government board are appointed by municipalities located in
2-24 the authority. A municipality is entitled to the same
2-25 proportionate share of the appointments to the local government
2-26 board as the municipality is entitled to make to the subregional
2-27 board under Section 6(c) of this Act. The local government board
3-1 is subject to restructuring at the times and in the manner provided
3-2 by Section 6(f) of this Act. To serve as a member of the local
3-3 government board, a person must be an elected officer of a
3-4 political subdivision whose jurisdiction either partially or
3-5 completely overlaps the jurisdiction of the entity making the
3-6 appointment. A member of the local government board serves at the
3-7 pleasure of the appointing entity and may not be a member of the
3-8 subregional board. In making its appointments, each municipality
3-9 shall, to the greatest extent practicable, select elected officers
3-10 who accurately reflect the racial and ethnic composition of the
3-11 municipality.
3-12 (d) The local government board shall assume all the powers
3-13 and duties of the subregional board except for daily operations.
3-14 The subregional board shall continue to supervise the operational
3-15 powers and duties of the authority.
3-16 (e) The subregional board shall appoint a 15-member public
3-17 transportation hearings committee to conduct public hearings held
3-18 by the authority and to make recommendations to the local
3-19 government board on land-use decisions under the service plan of
3-20 the authority, including decisions about land purchases,
3-21 condemnation, and general transportation corridors. To be
3-22 appointed to the public transportation hearings committee a person
3-23 must have experience in public transportation or land-use matters.
3-24 A member of the public transportation hearings committee may not be
3-25 a member of the local government board or the subregional board.
3-26 (f) The subregional board shall appoint a 15-member
3-27 technical committee to make recommendations to the public
4-1 transportation hearings board and the local government board on
4-2 technical aspects of the authority's service plan including
4-3 alterations and enhancements of service routes and such other
4-4 matters as the public transportation hearings committee designates.
4-5 To be appointed to the technical committee, a person must be
4-6 employed in a position involving transportation by a municipality
4-7 or county in the authority. A member of the technical committee
4-8 may not be a member of the subregional board, local government
4-9 board, or public transportation hearings committee.
4-10 (g) The local government board may appoint other advisory
4-11 committees as it determines are necessary. Two-thirds of the
4-12 members of an advisory committee must be members of the subregional
4-13 board, or a board or committee established under Subsection (c),
4-14 (e), or (f) of this section, and the remaining members may be from
4-15 the general public.
4-16 (h) A person serving as a member of a board or committee
4-17 under Subsections (c), (e), (f), or (g) of this section is not
4-18 entitled to receive compensation for serving as a member. A member
4-19 is entitled to reimbursement for reasonable expenses incurred in
4-20 performing duties as a member of a board or committee.
4-21 (i) The authority shall at least once every three years seek
4-22 competitive bids from other public and private entities for each
4-23 distinct transportation service the authority provides.
4-24 (j) The subregional board shall employ a general manager to
4-25 administer the daily operations of the authority. The general
4-26 manager may employ persons to conduct the affairs of the authority
4-27 and may prescribe their duties and compensation, subject to the
5-1 approval by the local government board of the budget and in
5-2 accordance with personnel policies adopted by the subregional
5-3 board. Subject to these policies, only the general manager may
5-4 approve any employee. The general manager may, subject to approval
5-5 by the board, contract with individuals, partnerships,
5-6 corporations, or other entities to perform work or provide
5-7 materials for the authority.
5-8 (k) The authority may use its power of eminent domain only
5-9 to acquire land necessary to implement its service plan.
5-10 (l) Except as provided by Subsection (m) of this section, an
5-11 authority may construct, reconstruct, or maintain any highway,
5-12 road, thoroughfare, or arterial or local street, including any
5-13 bridge or grade separation, within the boundaries of the authority
5-14 and may undertake traffic signalization and control improvements of
5-15 any kind within the boundaries of the authority. An authority may
5-16 exercise any portion of the powers granted by this subsection
5-17 through contracts or other agreements with other governmental
5-18 entities.
5-19 (m) An authority may not act under Subsection (l) of this
5-20 section in a municipality without:
5-21 (1) the consent of the governing body of the
5-22 municipality; or
5-23 (2) a contract with the municipality that specifies
5-24 the actions the authority may take in the municipality.
5-25 (n) Notwithstanding Section 9A(d)(2) of this Act, an
5-26 election for withdrawal in a unit of election held under Section 9A
5-27 of this Act may be held on any permissible uniform election date
6-1 between November 1, 1994, and November 1, 1996, and in every sixth
6-2 calendar year after 1996.
6-3 (o) If the authority makes funds available to member
6-4 municipalities or counties for local use in improving
6-5 transportation mobility, those funds must be made available to the
6-6 principal city of the subregion and must also be made available for
6-7 the maintenance of streets or highways of each municipality or
6-8 county in the authority.
6-9 (p) The authority may not enter into a lease agreement for a
6-10 period longer than five years.
6-11 SECTION 2. (a) The terms of all members of a subregional
6-12 board created under Section 6, Chapter 683, Acts of the 66th
6-13 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
6-14 Civil Statutes), of an authority whose voters approve the
6-15 referendum proposed at an election under Section 10D, Chapter 683,
6-16 as added by this Act, end on January 1, 1994. The governing body
6-17 of each county and municipality entitled to make an appointment
6-18 under Section 6 and Section 10E of Chapter 683, as added by this
6-19 Act, shall make the appointment as soon as possible after the
6-20 referendum. Until a majority of the members of the subregional
6-21 board as modified by this Act and a majority of the members of the
6-22 local government board as added by this Act have been appointed and
6-23 qualified, members serving on the subregional board on January 1,
6-24 1994, may continue to exercise the powers and perform the duties of
6-25 the subregional board.
6-26 (b) After the appointment of the initial subregional board
6-27 under this Act, the members shall draw lots to determine their
7-1 initial terms. One-half of the members shall serve for a term
7-2 expiring January 1, 1995. The other half of the members shall
7-3 serve for a term expiring January 1, 1996. If the number of
7-4 subregional board members is an odd number, the number of members
7-5 serving terms expiring January 1, 1996, is one greater than the
7-6 number of members serving terms expiring January 1, 1995.
7-7 SECTION 3. This Act takes effect September 1, 1993.
7-8 SECTION 4. The importance of this legislation and the
7-9 crowded condition of the calendars in both houses create an
7-10 emergency and an imperative public necessity that the
7-11 constitutional rule requiring bills to be read on three several
7-12 days in each house be suspended, and this rule is hereby suspended.