1-1  By:  Marchant, Cain (Senate Sponsor - Shapiro)        H.B. No. 2800
    1-2        (In the Senate - Received from the House May 3, 1993;
    1-3  May 4, 1993, read first time and referred to Committee on
    1-4  Intergovernmental Relations; May 12, 1993, reported favorably by
    1-5  the following vote:  Yeas 9, Nays 0; May 12, 1993, sent to
    1-6  printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker           x                               
   1-12        Henderson                                      x   
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson          x                               
   1-16        Rosson             x                               
   1-17        Shapiro                                        x   
   1-18        Wentworth          x                               
   1-19        Whitmire           x                               
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to the powers and duties of certain regional
   1-23  transportation authorities.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Sections 6(b), (c), (f), (g), and (h), Chapter
   1-26  683, Acts of the 66th Legislature, 1979 (Article 1118y, Vernon's
   1-27  Texas Civil Statutes), are amended to read as follows:
   1-28        (b)  An elected officer of the state or a political
   1-29  subdivision of the state who is not prohibited by the Texas
   1-30  Constitution from serving on the board is eligible, as an
   1-31  additional duty of office, to serve on the board.  An elected
   1-32  officer who serves as a member is not entitled to receive
   1-33  compensation for serving as a member but is entitled to
   1-34  reimbursement for reasonable expenses incurred in performing duties
   1-35  as a member of the board <The commissioners court of the county of
   1-36  the principal city shall appoint one member>.
   1-37        (c)  The <remaining> members of the subregional board shall
   1-38  be apportioned according to the ratio which the population of each
   1-39  incorporated city bears to the total population of the territory
   1-40  included within the subregion.  Any combination of cities may
   1-41  aggregate their <aggregating a total> population to <of 60,000
   1-42  shall> be entitled to one member on the <interim> subregional
   1-43  board.  A city entitled to one or more members that has a
   1-44  population that would entitle it to a fraction of another member
   1-45  may aggregate its population with another city to appoint another
   1-46  member.  Cities aggregating their population to make an appointment
   1-47  shall agree on a method of making the appointment.  To serve on the
   1-48  board, a person must be a resident of the city making the
   1-49  appointment.  A city making more than one appointment shall, to the
   1-50  greatest extent practicable, select persons who accurately reflect
   1-51  the racial and ethnic composition of that city.  A city may not
   1-52  aggregate its population with another city for the purpose of
   1-53  minimizing the representation on the board of a racial or ethnic
   1-54  minority.  <Following the confirmation election, any combination of
   1-55  cities who have voted confirmation of the authority may aggregate a
   1-56  population of at least 60,000 for the purpose of appointing one
   1-57  member to the initial subregional board.  In establishing the
   1-58  interim subregional board, if the results of the 1980 federal
   1-59  census are unavailable, the most recent population estimates of the
   1-60  appropriate metropolitan planning organization will be used.>
   1-61        (f)  Every five years as of the first day of September
   1-62  following the date the census data or population estimates become
   1-63  available, or when a city or an unincorporated area withdraws from
   1-64  or joins in the authority, the board shall be restructured pursuant
   1-65  to Subsection <Subsections> (c) <and (h)> of this section, if
   1-66  warranted by the withdrawal or addition of cities or unincorporated
   1-67  areas, or by population changes or changes in combinations
   1-68  established pursuant to Subsection (e) of this section.
    2-1        (g)  The members of the board <shall> serve staggered terms
    2-2  of two years with eight terms beginning July 1 of odd-numbered
    2-3  years and seven terms beginning July 1 of even-numbered years.  The
    2-4  <at the pleasure of the governing body of each appointing
    2-5  governmental entity, except that the> governing body of a principal
    2-6  city may not by rule, order, or ordinance limit the number of terms
    2-7  that members of the board may serve.  The term of a board member
    2-8  does not end because of a reapportionment under Subsection (f) of
    2-9  this section, and the board shall develop a plan for filling
   2-10  vacancies following a reapportionment to ensure that each city
   2-11  maintains the representation to which it is entitled.  <The
   2-12  governing body shall confirm its board appointment to begin terms
   2-13  on the first day of September in every odd-numbered year.>
   2-14        (h)  The total number of members comprising the board is 15.
   2-15  <shall be governed by the total population of the territory
   2-16  included in the subregion.  Specifically, the board size shall be
   2-17  determined by the following formula:>
   2-18                                                 <Total Members>
   2-19  <Total Population>                              <on Subregional>
   2-20    þLin Subregionää                                     þLBoardää     
   2-21  <Less than 1,000,000>                                 <15>
   2-22  <1,000,000 to 1,400,000>                              <21>
   2-23  <1,400,000 plus>                                      <25>
   2-24        SECTION 2.  Section 10, Chapter 683, Acts of the 66th
   2-25  Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
   2-26  is amended by adding Subsections (v), (w), and (x) to read as
   2-27  follows:
   2-28        (v)  An agreement made before May 1, 1993, between the
   2-29  authority and cities included in the area of the authority for the
   2-30  distribution of the authority's revenues is validated as of the
   2-31  date the agreement was made.  The agreement may not be held invalid
   2-32  because it was not made in accordance with law.  The authority may
   2-33  enter one or more agreements on or after that date with any city
   2-34  included in the area of the authority for the distribution of the
   2-35  authority's revenues.
   2-36        (w)  The board of an authority in a subregion having a
   2-37  principal city with a population in excess of 800,000 may create
   2-38  committees for any purpose for which a vote of the board is not
   2-39  required.  The committee may consist of members of the subregional
   2-40  board and members of the general public, but the number of public
   2-41  members on a committee may not exceed the number of members of the
   2-42  subregional board.
   2-43        (x)  The board of an authority in a subregion having a
   2-44  principal city with a population in excess of 800,000 may not,
   2-45  except by a two-thirds vote of the board:
   2-46              (1)  issue any debt allowed by law;
   2-47              (2)  enter a lease as lessee or financing agreement as
   2-48  obligor if the lease or agreement is secured by the other assets of
   2-49  the authority;
   2-50              (3)  effect a major change in a service plan as defined
   2-51  by Section 10A of this Act;
   2-52              (4)  approve the financial plan for the authority; or
   2-53              (5)  enter an agreement under Subsection (v) of this
   2-54  section on or after May 1, 1993.
   2-55        SECTION 3.  Section 15, Chapter 683, Acts of the 66th
   2-56  Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
   2-57  is amended by adding Subsection (i) to read as follows:
   2-58        (i)  An authority in a subregion having a population in
   2-59  excess of 800,000 may not enter a lease or financing agreement
   2-60  secured wholly or partially by the assets of the authority if the
   2-61  duration of the lease or financing agreement is longer than five
   2-62  years unless the lease or agreement is approved by the voters of
   2-63  the authority in the manner provided for the issuance of bonds and
   2-64  notes under Subsection (h) of this section.
   2-65        SECTION 4.  Section 18(a), Chapter 683, Acts of the 66th
   2-66  Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
   2-67  is amended to read as follows:
   2-68        (a)  The responsibility for the operation and control of the
   2-69  properties belonging to an authority shall be vested in its
   2-70  executive committee.  The executive committee may:
    3-1              (1)  appoint and prescribe compensation for a chief
    3-2  executive officer whom the board may designate as an executive
    3-3  director or a general manager and who shall administer the daily
    3-4  operations of the authority and employ persons, firms,
    3-5  partnerships, or corporations deemed necessary by the executive
    3-6  committee for the conduct of the affairs of the authority,
    3-7  including but not limited to bookkeepers, engineers, financial
    3-8  advisers, and operating or management companies and in accordance
    3-9  with executive committee policy, prescribe the duties, tenure, and
   3-10  compensation of each; all employees may be removed by the chief
   3-11  executive officer in accordance with executive committee policy
   3-12  <general manager>;
   3-13              (2)  appoint auditors and attorneys and prescribe the
   3-14  duties, tenure, and compensation of each;
   3-15              (3)  become a subscriber under the Texas workers'
   3-16  compensation act with any old-line legal-reserve insurance company
   3-17  authorized to write policies in the State of Texas;
   3-18              (4)  adopt a seal for the authority;
   3-19              (5)  invest the funds of the authority in the following
   3-20  securities and obligations, to-wit:
   3-21                    (A)  direct and indirect obligations of the
   3-22  United States of America and of its agencies and instrumentalities,
   3-23  including treasury receipts evidencing ownership of future interest
   3-24  and principal payments thereon.  Agencies and instrumentalities
   3-25  include, but are not limited to Federal Home Loan Banks, Federal
   3-26  Farm Credit Banks, Federal Home Loan Mortgage Association, Federal
   3-27  National Mortgage Association, Government National Mortgage
   3-28  Association, Student Loan Marketing Association, and International
   3-29  Bank for Reconstruction and Development;
   3-30                    (B)  any obligations of any state, or the
   3-31  agencies thereof, or of the counties, cities, and other political
   3-32  subdivisions of any state, the payments of principal and interest
   3-33  on which are payable from taxes or revenues, either or both, and
   3-34  having a then current rating of no less than A or its equivalent by
   3-35  a nationally recognized rating firm;
   3-36                    (C)  direct repurchase agreements and reverse
   3-37  repurchase agreements with defined termination dates secured by
   3-38  obligations defined in Subdivisions (A) and (B) above such
   3-39  agreements to be executed with banks or trust companies organized
   3-40  under the laws of Texas, any national banking association, or any
   3-41  government bond dealer reporting to and recognized as a primary
   3-42  dealer by the Federal Reserve Bank of New York;
   3-43                    (D)  the common trust funds of any bank and any
   3-44  money market mutual funds that consist solely of assets described
   3-45  in Subdivisions (A) and (B) above;
   3-46                    (E)  certificates of deposit of state and
   3-47  national banks guaranteed or insured by the Federal Deposit
   3-48  Insurance Corporation or its successor or secured by obligations
   3-49  described in Subdivisions (A) and (B) above with a market value of
   3-50  no less than the principal amount of the certificates;
   3-51                    (F)  commercial paper rated either A1 or P1 by a
   3-52  nationally recognized rating firm;
   3-53                    (G)  foreign currencies and currency-swap
   3-54  agreements to the extent necessary to pay nondollar denominated
   3-55  obligations; and
   3-56                    (H)  such other investments as may be authorized,
   3-57  from time to time, by resolution adopted by the executive committee
   3-58  of the authority.
   3-59        The executive committee by resolution may provide that an
   3-60  authorized representative of the authority may invest and reinvest
   3-61  the funds of the authority and provide for money to be withdrawn
   3-62  from the appropriate accounts of the authority for investments on
   3-63  such terms as the executive committee considers advisable.  An
   3-64  authority may by contract approved by the executive committee enter
   3-65  into investment agreements pertaining to any of the foregoing, and
   3-66  may, additionally, enter into interest-rate swap and similar
   3-67  agreements with other parties upon such terms as the executive
   3-68  committee may deem appropriate.
   3-69              (6)  fix the fiscal year for the authority;
   3-70              (7)  establish a complete system of accounts for the
    4-1  authority and each year shall have prepared an audit of its affairs
    4-2  by an independent certified public accountant or a firm of
    4-3  independent certified public accountants which shall be open to
    4-4  public inspection; and
    4-5              (8)  designate one or more banks to serve as the
    4-6  depository for the funds of the authority.
    4-7        SECTION 5.  Section 20, Chapter 683, Acts of the 66th
    4-8  Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
    4-9  is amended by adding Subsection (j) to read as follows:
   4-10        (j)  An authority in a subregion having a principal city with
   4-11  a population in excess of 800,000 shall at least once every five
   4-12  years evaluate each distinct transportation service the authority
   4-13  provides that generates revenue, including light rail, bus, van,
   4-14  taxi, and other public transportation services, and determine
   4-15  whether the authority shall solicit competitive sealed bids from
   4-16  other entities to provide these transportation services.
   4-17        SECTION 6.  (a)  The terms of all members of a subregional
   4-18  board created under Section 6, Chapter 683, Acts of the 66th
   4-19  Legislature, 1979 (Article 1118y, Vernon's Texas Civil Statutes),
   4-20  end on the effective date of this section.  The governing body of
   4-21  each municipality entitled to make an appointment under Section 6,
   4-22  Chapter 683, Acts of the 66th Legislature, 1979 (Article 1118y,
   4-23  Vernon's Texas Civil Statutes), as amended by this Act, shall make
   4-24  the appointment as soon as possible after the effective date of
   4-25  this section.   Until two-thirds of the members of the subregional
   4-26  board as reconstituted by this section have been appointed and have
   4-27  qualified, the members serving on the effective date of this
   4-28  section may continue to exercise the powers and perform the duties
   4-29  of the subregional board.
   4-30        (b)  After the appointment of the initial board under this
   4-31  Act, the members shall draw lots to determine their initial terms.
   4-32  Eight members shall serve for a term expiring July 1, 1995.  Seven
   4-33  members shall serve for a term expiring July 1, 1994.
   4-34        SECTION 7.  (a)  Except as provided by Subsection (b) of this
   4-35  section, this Act takes effect immediately.
   4-36        (b)  Sections 1 and 6 of this Act take effect July 1, 1993.
   4-37        SECTION 8.  The importance of this legislation and the
   4-38  crowded condition of the calendars in both houses create an
   4-39  emergency and an imperative public necessity that the
   4-40  constitutional rule requiring bills to be read on three several
   4-41  days in each house be suspended, and this rule is hereby suspended,
   4-42  and that this Act take effect and be in force according to its
   4-43  terms, and it is so enacted.
   4-44                               * * * * *
   4-45                                                         Austin,
   4-46  Texas
   4-47                                                         May 12, 1993
   4-48  Hon. Bob Bullock
   4-49  President of the Senate
   4-50  Sir:
   4-51  We, your Committee on Intergovernmental Relations to which was
   4-52  referred H.B. No. 2800, have had the same under consideration, and
   4-53  I am instructed to report it back to the Senate with the
   4-54  recommendation that it do pass and be printed.
   4-55                                                         Armbrister,
   4-56  Chairman
   4-57                               * * * * *
   4-58                               WITNESSES
   4-59                                                  FOR   AGAINST  ON
   4-60  ___________________________________________________________________
   4-61  Name:  James McCarley                            x
   4-62  Representing:  Ass. City Manager, Plano
   4-63  City:  Plano
   4-64  -------------------------------------------------------------------
   4-65  Name:  Joan Douglas
   4-66  Representing:  City of Houston
   4-67  City:  Houston
   4-68  -------------------------------------------------------------------
   4-69  Name:  WR Smith                                  x
   4-70  Representing:  Houston
    5-1  City:  Houston
    5-2  -------------------------------------------------------------------