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.