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
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