By Cain                                               H.B. No. 1942
          Substitute the following for H.B. No. 1942:
          By Munoz                                          C.S.H.B. No. 1942
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the allocation and distribution of money in the public
    1-3  transportation fund.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3, Chapter 679, Acts of the 64th
    1-6  Legislature, 1975 (Article 6663c, Vernon's Texas Civil Statutes),
    1-7  is amended to read as follows:
    1-8        (a)  The commission shall administer the formula program.
    1-9  Except as provided by Subsection (j) <(i)> of this section, at the
   1-10  beginning of each fiscal biennium of the state, the commission
   1-11  shall allocate to urbanized, urban, and rural areas on the basis of
   1-12  a formula program, an amount equal to the amount appropriated from
   1-13  all sources to the commission by the legislature for that biennium
   1-14  for public transportation, other than federal funds and amounts
   1-15  specifically appropriated for coordination, technical support, or
   1-16  other costs of administration.  Amounts that are appropriated and
   1-17  that are required to be allocated as described by this section are,
   1-18  to the extent that they remain unexpended and unobligated at the
   1-19  end of the period for which they were appropriated, dedicated for
   1-20  subsequent use in the formula and discretionary programs as
   1-21  provided by this Act.
   1-22        (b)  The commission shall allocate the money to two
   1-23  categories, as follows:
   1-24              (1)  50 percent of the money must be allocated in
    2-1  urbanized areas that have a population of not less than 50,000
    2-2  according to the most recent federal census and that are not served
    2-3  by an authority and to areas not served by an authority but located
    2-4  in urbanized areas that have a population of not less than 50,000
    2-5  according to the most recent federal census and that include one or
    2-6  more authorities; and
    2-7              (2)  50 percent of the money must be allocated in urban
    2-8  areas with a population of less than 50,000, according to the most
    2-9  recent federal census, or in rural areas.
   2-10        <(c)  Of the money allocated under Subsection (b)(1) of this
   2-11  section, the commission shall distribute in each applicable
   2-12  urbanized area an amount  equal to the sum of:>
   2-13              <(1)  one-half of the total amount allocated to that
   2-14  category multiplied by the ratio that the population of the
   2-15  urbanized area bears to the total population of all urbanized areas
   2-16  in this state in that category; and>
   2-17              <(2)  one-half of the total amount allocated to that
   2-18  category multiplied by the ratio that the number of inhabitants per
   2-19  square mile of the urbanized area bears to the combined number of
   2-20  inhabitants per square mile of all urbanized areas in this state in
   2-21  that category.>
   2-22        (d)  Of the money allocated under Subsection (b)(1) of this
   2-23  section, the commission shall distribute an amount equal to the sum
   2-24  of:
   2-25              (1)  90 percent of the total amount to designated
   2-26  recipients operating public transportation services in urbanized
   2-27  areas, each with a population of not less than 50,000, according to
    3-1  the most recent federal census; and
    3-2              (2)  10 percent of the total amount to designated
    3-3  recipients for federally assisted public transportation projects in
    3-4  urbanized areas, each with a population of not less than 50,000,
    3-5  according to the most recent federal census, selected by the
    3-6  commission.
    3-7        (e)  The commission shall distribute the money apportioned
    3-8  under Subsection (d)(1) of this section to each operating transit
    3-9  system that is receiving funds in accordance with Section 1607a of
   3-10  the Federal Transit Act (49 U.S.C. Section 1607a(a)(1) in an amount
   3-11  equal to the sum of:
   3-12              (1)  one-half of the total amount allocated to that
   3-13  category multiplied by the ratio that the population of the
   3-14  urbanized area bears to the total population of all urbanized areas
   3-15  in the state in that category operating transit systems and
   3-16  receiving funds in accordance with Section 1607a of the Federal
   3-17  Transit Act (49 U.S.C. Section 1607a(a)(1));
   3-18              (2)  one-half of the total amount allocated to that
   3-19  category multiplied by the ratio that the number of inhabitants per
   3-20  square mile of the urbanized area bears to the combined number of
   3-21  inhabitants per square mile of all urbanized areas in the state in
   3-22  that category operating transit systems and receiving funds in
   3-23  accordance with Section 1607a of the Federal Transit Act (49 U.S.C.
   3-24  Section 1607a(a)(1)).
   3-25        (f)(1)  The calculation required by Subsection (e)(1) shall
   3-26  not include:
   3-27                    (A)  the population residing within the area of
    4-1  an authority; or,
    4-2                    (B)  for urbanized areas of 250,000 or more, the
    4-3  population residing outside of the corporate limits of a
    4-4  municipality served by a transit system.
    4-5              (2)  The calculation required by Subsection (e)(2)
    4-6  shall not include:
    4-7                    (A)  the number of inhabitants per square mile
    4-8  attributable to an authority; or,
    4-9                    (B)  for urbanized areas of 250,000 or more, the
   4-10  inhabitants per square mile attributable to areas outside the
   4-11  corporate limits of a municipality served by a transit system.
   4-12        (g) <(f)>  Designated recipients may submit project
   4-13  applications to the commission for consideration of funding through
   4-14  the formula program.
   4-15        (h) <(g)>  Of the money allocated under Subsection (b)(2) of
   4-16  this section, the commission shall distribute:
   4-17              (1)  90 percent of the total amount to designated
   4-18  recipients operating public transportation services in urban areas,
   4-19  each with a population of less than 50,000, according to the most
   4-20  recent federal census, or in rural areas; and
   4-21              (2)  10 percent of the total amount to designated
   4-22  recipients for federally assisted rural public transportation
   4-23  projects, selected by the commission.
   4-24        (i) <(h)>  The commission shall distribute the money
   4-25  apportioned under Subsection (h)(1) <(g)(1)> of this section in
   4-26  accordance with the following formula:
   4-27        where:
    5-1  <(g)(1)> of this section for a fiscal year of the state;
    5-2  available to the state through the federal formula grant program
    5-3  for areas other than urbanized areas in accordance with Section
    5-4  1614 of the federal Urban Mass Transportation Act (49 U.S.C.
    5-5  Section 1614), including money transferred for that purpose in
    5-6  accordance with Section 1607a of that Act (49 U.S.C. Section
    5-7  1607a), that was approved during the state's preceding fiscal year
    5-8  for the designated recipient; and
    5-9  available to the state through the federal formula grant program
   5-10  for areas other than urbanized areas in accordance with Section
   5-11  1614 of the federal Urban Mass Transportation Act (49 U.S.C.
   5-12  Section 1614), including money transferred for that purpose in
   5-13  accordance with Section 1607a of that Act (49 U.S.C. Section
   5-14  1607a), that was approved during the state's preceding fiscal year
   5-15  for all designated recipients eligible to receive money under
   5-16  Subsection (h)(1) <(g)(1)> of this section.
   5-17        (j) <(i)>  Any money under this section that the designated
   5-18  recipient has not applied for before the November commission
   5-19  meeting in the second year of a state fiscal biennium shall be
   5-20  administered by the commission under the discretionary program
   5-21  described by Section 4 of this Act.
   5-22        (k) <(j)>  In evaluating a project under this section, the
   5-23  commission shall consider the need for fast, safe, efficient, and
   5-24  economical public transportation and the approval of the federal
   5-25  Urban Mass Transportation Administration, or its successor.
   5-26        SECTION 2.  The importance of this legislation and the
   5-27  crowded condition of the calendars in both houses create an
    6-1  emergency and an imperative public necessity that the
    6-2  constitutional rule requiring bills to be read on three several
    6-3  days in each house be suspended, and this rule is hereby suspended,
    6-4  and that this Act take effect and be in force from and after its
    6-5  passage, and it is so enacted.