By Kubiak, et al.                                     H.B. No. 2496
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to funding of mass transportation projects.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2, Chapter 679, Acts of the 64th
    1-5  Legislature, Regular Session, 1975 (Article 6663c, Vernon's Texas
    1-6  Civil Statutes), is amended by amending Subdivisions (7) and (10)
    1-7  and adding Subdivision (12) to read as follows:
    1-8              (7)  "Urbanized area" means an area having a population
    1-9  of more than 50,000 but less than 200,000 and so designated by the
   1-10  United States Bureau of the Census <or by general state law>.
   1-11              (10)  "Designated recipient" means an authority, a
   1-12  municipality that is not included in an authority, a local
   1-13  governmental body, or a nonprofit entity providing rural public
   1-14  transportation services, that receives federal or state public
   1-15  transportation money through the Texas <State> Department of
   1-16  <Highways and Public> Transportation or the Federal Transit
   1-17  <federal Urban Mass Transportation> Administration, or its
   1-18  successor.
   1-19              (12)  "Rural area" means an area having a population of
   1-20  50,000 or less and so designated by the United States Bureau of the
   1-21  Census.
   1-22        SECTION 2.  Section 4(c), Chapter 679, Acts of the 64th
   1-23  Legislature, Regular Session, 1975 (Article 6663c, Vernon's Texas
   1-24  Civil Statutes), is amended to read as follows:
    2-1        (c)  To participate in the discretionary program for a state
    2-2  fiscal biennium, a designated recipient must deliver an application
    2-3  for project funding to the commission.  An application submitted
    2-4  under this subsection must contain:
    2-5              (1)  a description of the project, including estimates
    2-6  of the population that would benefit from the project and the
    2-7  anticipated date of project completion;
    2-8              (2)  a statement of the estimated cost of the project,
    2-9  including estimates of the federally financed portions of the
   2-10  project costs; and
   2-11              (3)  a certification, as required by Section 5A(c) of
   2-12  this Act, that <local> funds are available, if required under
   2-13  Section 5A(b) of this Act, <for local share requirements> and that
   2-14  proposed projects are consistent with comprehensive regional
   2-15  transportation plans.
   2-16        SECTION 3.  Sections 5A(a), (b), (c), and (d), Chapter 679,
   2-17  Acts of the 64th Legislature, Regular Session, 1975 (Article 6663c,
   2-18  Vernon's Texas Civil Statutes), are amended to read as follows:
   2-19        (a)  Except as provided by Subsection (b) of this section,
   2-20  designated recipients may use money from the formula and
   2-21  discretionary programs to provide for capital improvements,
   2-22  planning activities, and operating expenses and other
   2-23  administrative costs<:>
   2-24              <(1)  65 percent of the local share requirement for
   2-25  federally financed projects for capital improvements;>
   2-26              <(2)  50 percent of the local share requirement for
   2-27  projects for operating expenses and administrative costs;>
    3-1              <(3)  50 percent of the total cost of a public
    3-2  transportation capital improvement project, if the designated
    3-3  recipient certifies that federal money is unavailable for the
    3-4  proposed project and the commission finds that the proposed project
    3-5  is vitally important to the development of public transportation in
    3-6  the state; and>
    3-7              <(4)  65 percent of the local share requirement for
    3-8  federally financed planning activities>.
    3-9        (b)  A metropolitan or regional authority created under
   3-10  Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
   3-11  (Article 1118x, Vernon's Texas Civil Statutes), or Chapter 683,
   3-12  Acts of the 66th Legislature, Regular Session, 1979 (Article 1118y,
   3-13  Vernon's Texas Civil Statutes), <An authority> may not receive
   3-14  money from the formula or discretionary program.  A city transit
   3-15  department created under Article 1118z, Revised Statutes, by a
   3-16  municipality having a population of not more than 200,000 is
   3-17  eligible to receive money from the formula and the discretionary
   3-18  program with the option to provide a local share.  A municipality
   3-19  having a population of more than 200,000 and not otherwise
   3-20  described by this subsection is eligible to receive money from the
   3-21  formula and discretionary program to provide:
   3-22              (1)  65 percent of the local share requirement for
   3-23  federally financed projects for capital improvements;
   3-24              (2)  50 percent of the local share requirement for
   3-25  projects for operating expenses and other administrative costs;
   3-26              (3)  50 percent of the total cost of a public
   3-27  transportation capital improvement project, if the designated
    4-1  recipient certifies that federal money is unavailable for the
    4-2  proposed project and the commission finds that the proposed project
    4-3  is vitally important to the development of public transportation in
    4-4  the state; and
    4-5              (4)  65 percent of the local share requirement for
    4-6  federally financed planning activities.
    4-7        (c)  An application for money under this Act must be
    4-8  certified and contain a statement by the applicant that<:>
    4-9              <(1)  money is available to provide:>
   4-10                    <(A)  35 percent of the local share requirement
   4-11  of federally assisted capital improvements or planning projects and
   4-12  50 percent of the local share requirement of federally financed
   4-13  projects for operating expenses and administrative costs to be
   4-14  financed under this Act; or>
   4-15                    <(B)  50 percent of the total cost of other
   4-16  public transportation capital improvement projects; and>
   4-17              <(2)>  the proposed public transportation project is
   4-18  consistent with continuing, cooperative, and comprehensive regional
   4-19  transportation planning implemented in accordance with the federal
   4-20  Urban Mass Transportation Act of 1964 (49 U.S.C. Section 5301
   4-21  <1601> et seq.) and the Federal-Aid Highway Act of 1973 (49 U.S.C.
   4-22  Section 1602a).
   4-23        (d)  The state public transportation program provided by this
   4-24  Act is a <matching> grant program for public transportation
   4-25  projects.  Federal approval of a proposed public transportation
   4-26  project means that the project is consistent with the purposes of
   4-27  this Act and with the continuing, cooperative, and comprehensive
    5-1  regional transportation planning implemented in accordance with the
    5-2  federal Urban Mass Transportation Act of 1964 (49 U.S.C. Section
    5-3  5301 <1601> et seq.) and the Federal-Aid Highway Act of 1973 (49
    5-4  U.S.C. Section 1602a).
    5-5        SECTION 4.  This Act takes effect September 1, 1995.
    5-6        SECTION 5.  The importance of this legislation and the
    5-7  crowded condition of the calendars in both houses create an
    5-8  emergency and an imperative public necessity that the
    5-9  constitutional rule requiring bills to be read on three several
   5-10  days in each house be suspended, and this rule is hereby suspended.