By Marchant, et al. H.B. No. 2800
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the powers and duties of certain regional
1-3 transportation authorities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 6(c), (f), (g), and (h), Chapter 683,
1-6 Acts of the 66th Legislature, 1979 (Article 1118y, Vernon's Texas
1-7 Civil Statutes), are amended to read as follows:
1-8 (c) The remaining members of the subregional board shall be
1-9 apportioned according to the ratio which the population of each
1-10 incorporated city bears to the total population of the territory
1-11 included within the subregion. Any combination of cities may
1-12 aggregate their <aggregating a total> population to <of 60,000
1-13 shall> be entitled to one member on the <interim> subregional
1-14 board. <Following the confirmation election, any combination of
1-15 cities who have voted confirmation of the authority may aggregate a
1-16 population of at least 60,000 for the purpose of appointing one
1-17 member to the initial subregional board.> To serve on the board, a
1-18 person must be an elected officer of the state or of a political
1-19 subdivision of the state whose jurisdiction either partially or
1-20 completely overlaps the jurisdiction of the political subdivision
1-21 making the appointment. In making its appointments, each city
1-22 shall, to the greatest extent practicable, select elected officers
1-23 who accurately reflect the racial and ethnic composition of the
2-1 area of the authority. <In establishing the interim subregional
2-2 board, if the results of the 1980 federal census are unavailable,
2-3 the most recent population estimates of the appropriate
2-4 metropolitan planning organization will be used.>
2-5 (f) Every five years as of the first day of September
2-6 following the date the census data or population estimates become
2-7 available, or when a city or an unincorporated area withdraws from
2-8 or joins in the authority, the board shall be restructured pursuant
2-9 to Subsection <Subsections> (c) <and (h)> of this section, if
2-10 warranted by the withdrawal or addition of cities or unincorporated
2-11 areas, or by population changes or changes in combinations
2-12 established pursuant to Subsection (e) of this section.
2-13 (g) The members of the board <shall> serve staggered terms
2-14 of two years with eight terms beginning July 1 of odd-numbered
2-15 years and seven terms beginning July 1 of even-numbered years. The
2-16 <at the pleasure of the governing body of each appointing
2-17 governmental entity, except that the> governing body of a principal
2-18 city may not by rule, order, or ordinance limit the number of terms
2-19 that members of the board may serve. The term of a board member
2-20 does not end because of a reapportionment under Subsection (f) of
2-21 this section. <The governing body shall confirm its board
2-22 appointment to begin terms on the first day of September in every
2-23 odd-numbered year.>
2-24 (h) The total number of members comprising the board is 15.
2-25 <shall be governed by the total population of the territory
3-1 included in the subregion. Specifically, the board size shall be
3-2 determined by the following formula:>
3-3 <Total Members>
3-4 <Total Population> <on Subregional>
3-5 þLin Subregionää þLBoardää
3-6 <Less than 1,000,000> <15>
3-7 <1,000,000 to 1,400,000> <21>
3-8 <1,400,000 plus> <25>
3-9 SECTION 2. Section 9A(d)(2), Chapter 683, Acts of the 66th
3-10 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
3-11 is amended to read as follows:
3-12 (2) Notwithstanding Subdivision (1) of this
3-13 subsection, if the unit of election is located in a subregion
3-14 governed by a subregional board created under Section 6 of this
3-15 Act, an election for withdrawal of the unit of election under this
3-16 section, whether by governing body initiative or by petition, may
3-17 be held not more frequently than once during:
3-18 (A) each calendar year before January 1, 1992;
3-19 (B) the period beginning August 1, 1995, and
3-20 ending December 31, 1996 <calendar year of 1996>; or
3-21 (C) every sixth calendar year after 1996.
3-22 SECTION 3. Section 10(h), Chapter 683, Acts of the 66th
3-23 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
3-24 is amended to read as follows:
3-25 (h)(1) Eminent domain proceedings brought by the authority
4-1 shall be governed by the provisions of Title 52, Eminent Domain,
4-2 Revised Civil Statutes of Texas, 1925, as they now exist or
4-3 hereafter may be amended, insofar as such provisions are not
4-4 inconsistent with this Act. Proceedings for the exercise of the
4-5 power of eminent domain shall be commenced by the adoption by the
4-6 executive committee of a resolution declaring the public necessity
4-7 for the acquisition by the authority of the property or interest
4-8 therein described in the resolution, and that such acquisition is
4-9 necessary and proper for the construction, extension, improvement,
4-10 or development of the system and is in the public interest. The
4-11 resolution of the authority and the approval of the resolution by
4-12 the appropriate governing body or commissioners court shall be
4-13 conclusive evidence of the public necessity of such proposed
4-14 acquisition and that such real or personal property or interest
4-15 therein is necessary for public use.
4-16 (2) An authority in a subregion having a principal
4-17 city with a population in excess of 800,000 may use its power of
4-18 eminent domain only to acquire land in a transportation corridor
4-19 that has been approved by the governing body of:
4-20 (A) the municipality in whose jurisdiction the
4-21 transportation corridor lies; or
4-22 (B) the county in whose jurisdiction the
4-23 transportation corridor lies if the corridor is not in the
4-24 jurisdiction of a municipality.
4-25 SECTION 4. Section 10, Chapter 683, Acts of the 66th
5-1 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
5-2 is amended by adding Subsections (v), (w), (x), and (y) to read as
5-3 follows:
5-4 (v) Except as provided by Subsection (w) of this section, an
5-5 authority in a subregion having a principal city with a population
5-6 in excess of 800,000 may construct, reconstruct, or maintain any
5-7 highway, road, thoroughfare, or arterial or local street, including
5-8 any bridge or grade separation, within the boundaries of the
5-9 authority and may undertake traffic signalization and control
5-10 improvements of any kind within the boundaries of the authority.
5-11 An authority may exercise any portion of the powers granted by this
5-12 subsection through contracts or other agreements with other
5-13 governmental entities.
5-14 (w) An authority may not act under Subsection (v) of this
5-15 section in a municipality without:
5-16 (1) the consent of the governing body of the
5-17 municipality; or
5-18 (2) a contract with the municipality that specifies
5-19 the actions the authority may take in the municipality.
5-20 (x) The board of an authority in a subregion having a
5-21 principal city with a population in excess of 800,000 may create
5-22 committees for any purpose for which a vote of the board is not
5-23 required. The committee may consist of members of the subregional
5-24 board and members of the general public, but the number of public
5-25 members on a committee may not exceed the number of members of the
6-1 subregional board.
6-2 (y) The board of an authority in a subregion having a
6-3 principal city with a population in excess of 800,000 may not,
6-4 except by a two-thirds vote of the board:
6-5 (1) issue any debt allowed by law or defer an
6-6 obligation;
6-7 (2) enter a lease or financing agreement secured by
6-8 the assets of the authority;
6-9 (3) effect a major change in a service plan as defined
6-10 by Section 10A of this Act; or
6-11 (4) approve a financial plan for the authority.
6-12 SECTION 5. Chapter 683, Acts of the 66th Legislature, 1979
6-13 (Article 1118y, Vernon's Texas Civil Statutes), is amended by
6-14 adding Section 10D to read as follows:
6-15 Sec. 10D. EXECUTIVE DIRECTOR. The board of an authority in
6-16 a subregion having a principal city with a population in excess of
6-17 800,000 shall employ an executive director to administer the daily
6-18 operations of the authority. The executive director may employ
6-19 persons to conduct the affairs of the authority and may prescribe
6-20 their duties and compensation, subject to board approval of the
6-21 budget of the authority and in accordance with personnel policies
6-22 adopted by the board. Subject to these policies, only the
6-23 executive director may remove any employee. The executive director
6-24 may, subject to approval by the board, contract with individuals,
6-25 partnerships, corporations, or other entities to perform work or
7-1 provide materials for the authority.
7-2 SECTION 6. Section 15, Chapter 683, Acts of the 66th
7-3 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
7-4 is amended by adding Subsection (i) to read as follows:
7-5 (i) An authority in a subregion having a population in
7-6 excess of 800,000 may not enter a lease or financing agreement
7-7 secured wholly or partially by the assets of the authority if the
7-8 duration of the lease or financing agreement is longer than five
7-9 years unless the lease or agreement is approved by the voters of
7-10 the authority in the manner provided for the issuance of bonds and
7-11 notes under Subsection (h) of this section.
7-12 SECTION 7. Section 20, Chapter 683, Acts of the 66th
7-13 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
7-14 is amended by adding Subsection (j) to read as follows:
7-15 (j) An authority in a subregion having a principal city with
7-16 a population in excess of 800,000 shall at least once every three
7-17 years seek sealed competitive bids from all public and private
7-18 entities for each distinct transportation service the authority
7-19 provides, including light rail, bus, van, taxi, and other public
7-20 transportation services.
7-21 SECTION 8. (a) The terms of all members of a subregional
7-22 board created under Section 6, Chapter 683, Acts of the 66th
7-23 Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
7-24 end on the effective date of this section. The governing body of
7-25 each municipality entitled to make an appointment under Section 6,
8-1 Chapter 683, Acts of the 66th Legislature, 1979 (Article 1118y,
8-2 Vernon's Texas Civil Statutes), as amended by this Act, shall make
8-3 the appointment as soon as possible after the effective date of
8-4 this section. Until a majority of the members of the subregional
8-5 board as reconstituted by this section have been appointed and have
8-6 qualified, members serving on the effective date of this section
8-7 may continue to exercise the powers and perform the duties of the
8-8 subregional board.
8-9 (b) After the appointment of the initial board under this
8-10 Act, the members shall draw lots to determine their initial terms.
8-11 Eight members shall serve for a term expiring July 1, 1995. Seven
8-12 members shall serve for a term expiring July 1, 1994.
8-13 SECTION 9. (a) Except as provided by Subsection (b) of this
8-14 section, this Act takes effect immediately.
8-15 (b) Sections 1 and 8 of this Act take effect July 1, 1993.
8-16 SECTION 10. The importance of this legislation and the
8-17 crowded condition of the calendars in both houses create an
8-18 emergency and an imperative public necessity that the
8-19 constitutional rule requiring bills to be read on three several
8-20 days in each house be suspended, and this rule is hereby suspended,
8-21 and that this Act take effect and be in force according to its
8-22 terms, and it is so enacted.