1-1 By: Cain (Senate Sponsor - Moncrief) H.B. No. 1942
1-2 (In the Senate - Received from the House May 11, 1993;
1-3 May 12, 1993, read first time and referred to Committee on Finance;
1-4 May 21, 1993, reported favorably by the following vote: Yeas 11,
1-5 Nays 0; May 21, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the allocation and distribution of money in the public
1-24 transportation fund.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Section 3, Chapter 679, Acts of the 64th
1-27 Legislature, 1975 (Article 6663c, Vernon's Texas Civil Statutes),
1-28 is amended to read as follows:
1-29 Sec. 3. FORMULA PROGRAM. (a) The commission shall
1-30 administer the formula program. Except as provided by Subsection
1-31 (j) <(i)> of this section, at the beginning of each fiscal biennium
1-32 of the state, the commission shall allocate to urbanized, urban,
1-33 and rural areas on the basis of a formula program, an amount equal
1-34 to the amount appropriated from all sources to the commission by
1-35 the legislature for that biennium for public transportation, other
1-36 than federal funds and amounts specifically appropriated for
1-37 coordination, technical support, or other costs of administration.
1-38 Amounts that are appropriated and that are required to be allocated
1-39 as described by this section are, to the extent that they remain
1-40 unexpended and unobligated at the end of the period for which they
1-41 were appropriated, dedicated for subsequent use in the formula and
1-42 discretionary programs as provided by this Act.
1-43 (b) The commission shall allocate the money to two
1-44 categories, as follows:
1-45 (1) 50 percent of the money must be allocated in
1-46 urbanized areas that have a population of not less than 50,000
1-47 according to the most recent federal census and that are not served
1-48 by an authority and to areas not served by an authority but located
1-49 in urbanized areas that have a population of not less than 50,000,
1-50 according to the most recent federal census, and that include one
1-51 or more authorities; and
1-52 (2) 50 percent of the money must be allocated in urban
1-53 areas with a population of less than 50,000, according to the most
1-54 recent federal census, or in rural areas.
1-55 <(c) Of the money allocated under Subsection (b)(1) of this
1-56 section, the commission shall distribute in each applicable
1-57 urbanized area an amount equal to the sum of:>
1-58 <(1) one-half of the total amount allocated to that
1-59 category multiplied by the ratio that the population of the
1-60 urbanized area bears to the total population of all urbanized areas
1-61 in this state in that category; and>
1-62 <(2) one-half of the total amount allocated to that
1-63 category multiplied by the ratio that the number of inhabitants per
1-64 square mile of the urbanized area bears to the combined number of
1-65 inhabitants per square mile of all urbanized areas in this state in
1-66 that category.>
1-67 (d) Of the money allocated under Subsection (b)(1) of this
1-68 section, the commission shall distribute an amount equal to the sum
2-1 of:
2-2 (1) 90 percent of the total amount to designated
2-3 recipients operating public transportation services in urbanized
2-4 areas, each with a population of not less than 50,000, according to
2-5 the most recent federal census; and
2-6 (2) 10 percent of the total amount to designated
2-7 recipients for federally assisted public transportation projects in
2-8 urbanized areas, each with a population of not less than 50,000,
2-9 according to the most recent federal census, selected by the
2-10 commission.
2-11 (e) The commission shall distribute the money apportioned
2-12 under Subsection (d)(1) of this section to each operating transit
2-13 system that is receiving funds in accordance with Section 1607a of
2-14 the Federal Transit Act (49 U.S.C. Section 1607a(a)(1)) in an
2-15 amount equal to the sum of:
2-16 (1) one-half of the total amount allocated to that
2-17 category multiplied by the ratio that the population of the
2-18 urbanized area bears to the total population of all urbanized areas
2-19 in the state in that category operating transit systems and
2-20 receiving funds in accordance with Section 1607a of the Federal
2-21 Transit Act (49 U.S.C. Section 1607a(a)(1)); and
2-22 (2) one-half of the total amount allocated to that
2-23 category multiplied by the ratio that the number of inhabitants per
2-24 square mile of the urbanized area bears to the combined number of
2-25 inhabitants per square mile of all urbanized areas in the state in
2-26 that category operating transit systems and receiving funds in
2-27 accordance with Section 1607a of the Federal Transit Act (49 U.S.C.
2-28 Section 1607a(a)(1)).
2-29 (f)(1) The calculation required by Subsection (e)(1) of this
2-30 section shall not include:
2-31 (A) the population residing within the area of
2-32 an authority; or
2-33 (B) for urbanized areas of 250,000 or more, the
2-34 population residing outside of the corporate limits of a
2-35 municipality served by a transit system.
2-36 (2) The calculation required by Subsection (e)(2) of
2-37 this section shall not include:
2-38 (A) the number of inhabitants per square mile
2-39 attributable to an authority; or
2-40 (B) for urbanized areas of 250,000 or more, the
2-41 inhabitants per square mile attributable to areas outside the
2-42 corporate limits of a municipality served by a transit system.
2-43 (g) <(f)> Designated recipients may submit project
2-44 applications to the commission for consideration of funding through
2-45 the formula program.
2-46 (h) <(g)> Of the money allocated under Subsection (b)(2) of
2-47 this section, the commission shall distribute:
2-48 (1) 90 percent of the total amount to designated
2-49 recipients operating public transportation services in urban areas,
2-50 each with a population of less than 50,000, according to the most
2-51 recent federal census, or in rural areas; and
2-52 (2) 10 percent of the total amount to designated
2-53 recipients for federally assisted rural public transportation
2-54 projects, selected by the commission.
2-55 (i) <(h)> The commission shall distribute the money
2-56 apportioned under Subsection (h)(1) <(g)(1)> of this section in
2-57 accordance with the following formula:
2-58 where:
2-59 <(g)(1)> of this section for a fiscal year of the state;
2-60 available to the state through the federal formula grant program
2-61 for areas other than urbanized areas in accordance with Section
2-62 1614 of the federal Urban Mass Transportation Act (49 U.S.C.
2-63 Section 1614), including money transferred for that purpose in
2-64 accordance with Section 1607a of that Act (49 U.S.C. Section
2-65 1607a), that was approved during the state's preceding fiscal year
2-66 for the designated recipient; and
2-67 available to the state through the federal formula grant program
2-68 for areas other than urbanized areas in accordance with Section
2-69 1614 of the federal Urban Mass Transportation Act (49 U.S.C.
2-70 Section 1614), including money transferred for that purpose in
3-1 accordance with Section 1607a of that Act (49 U.S.C. Section
3-2 1607a), that was approved during the state's preceding fiscal year
3-3 for all designated recipients eligible to receive money under
3-4 Subsection (h)(1) <(g)(1)> of this section.
3-5 (j) <(i)> Any money under this section that the designated
3-6 recipient has not applied for before the November commission
3-7 meeting in the second year of a state fiscal biennium shall be
3-8 administered by the commission under the discretionary program
3-9 described by Section 4 of this Act.
3-10 (k) <(j)> In evaluating a project under this section, the
3-11 commission shall consider the need for fast, safe, efficient, and
3-12 economical public transportation and the approval of the federal
3-13 Urban Mass Transportation Administration, or its successor.
3-14 SECTION 2. The importance of this legislation and the
3-15 crowded condition of the calendars in both houses create an
3-16 emergency and an imperative public necessity that the
3-17 constitutional rule requiring bills to be read on three several
3-18 days in each house be suspended, and this rule is hereby suspended,
3-19 and that this Act take effect and be in force from and after its
3-20 passage, and it is so enacted.
3-21 * * * * *
3-22 Austin,
3-23 Texas
3-24 May 21, 1993
3-25 Hon. Bob Bullock
3-26 President of the Senate
3-27 Sir:
3-28 We, your Committee on Finance to which was referred H.B. No. 1942,
3-29 have had the same under consideration, and I am instructed to
3-30 report it back to the Senate with the recommendation that it do
3-31 pass and be printed.
3-32 Montford,
3-33 Chairman
3-34 * * * * *
3-35 WITNESSES
3-36 FOR AGAINST ON
3-37 ___________________________________________________________________
3-38 Name: Richard Christi x
3-39 Representing: Tx. Dept. of Transportation
3-40 City: Austin
3-41 -------------------------------------------------------------------