By Kubiak H.B. No. 2496
74R7548 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to funding provisions in the public transportation fund;
1-3 and reestablishing the public transportation fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Administration and funding of mass
1-6 transportation (Article 6663c, Vernon's Texas Civil Statutes), is
1-7 amended to read as follows:
1-8 Sec. 2. In this Act:
1-9 (7) "Urbanized area" means an area with a population
1-10 between 50,000 and 200,000, according to the most recent federal
1-11 census so designated by the United States Bureau of the Census <or
1-12 by general law>.
1-13 (8) "Rural area" means an urbanized area with a
1-14 population of 50,000 or below, according to the most recent federal
1-15 census so designated by the United States Bureau of the Census.
1-16 <(8)> (9) "Ridesharing activities" means transportation
1-17 provided by rubber-tired vehicles that carry no fewer than 10 nor
1-18 more than 15 passengers and that are operated on a nonprofit basis.
1-19 <(9)> (10) "Authority" means a metropolitan or regional
1-20 authority created under Chapter 141, Acts of the 63rd Legislature,
1-21 Regular Session 1973 (Article 1118x, Vernon's Texas Civil
1-22 Statutes), or Chapter 683, Acts of the 66th Legislature, Regular
1-23 Session, 1979 (Article 1118y, Vernon's Texas Civil Statutes), or a
1-24 city transit department created under Article 1118z, Revised
2-1 Statutes, by a municipality having a population of not less than
2-2 200,000 according to the most recent federal census.
2-3 (11) <(10)> "Designated recipient" means an authority, a
2-4 municipality, that is not included in an authority, a local
2-5 governmental body, or a nonprofit entity providing rural public
2-6 transportation services, that receives federal public
2-7 transportation money through the State Department of Highways and
2-8 Public Transportation or the federal Urban Mass Transportation
2-9 Administration, or its successor.
2-10 (12) <(11)> "Operating expenses" means any expense
2-11 incurred in the daily operation of a public transportation system,
2-12 including administrative expenses.
2-13 SECTION 2. Section 4, Administration and funding of mass
2-14 transportation (Article 6663c, Vernon's Texas Civil Statutes), is
2-15 amended to read as follows:
2-16 Sec. 4. (a) The commission shall administer the
2-17 discretionary program.
2-18 (b) All designated recipients except authorities are
2-19 eligible to participate in the discretionary program authorized by
2-20 this section.
2-21 (c) To participate in the discretionary program for a state
2-22 fiscal biennium, a designated recipient must deliver an application
2-23 for project funding to the commission. An application submitted
2-24 under this subsection must contain:
2-25 (1) a description of the project, including estimates
2-26 of the population that would benefit from the project and the
2-27 anticipated date of project completion;
3-1 (2) a statement of the estimated cost of the project,
3-2 including estimates of the federally financed portions of the
3-3 project costs; and
3-4 (3) a certification, as required by Section 5A(c) of
3-5 this Act, that <local> funds are available <for local share
3-6 requirements> and that proposed projects are consistent with
3-7 comprehensive regional transportation plans.
3-8 SECTION 3. Section 5, Administration and funding of mass
3-9 transportation (Article 6663c, Vernon's Texas Civil Statutes), is
3-10 amended to read as follows:
3-11 Sec. 5. (a) The Public Transportation Fund is established as
3-12 a special fund in the State Treasury. The Public Transportation
3-13 Fund may only be used by the State Department of Highways and
3-14 Public Transportation, or its successor the Texas Department of
3-15 Transportation, in carrying out the responsibilities and duties of
3-16 the commission and the department for public transportation
3-17 purposes as established under this state law. The legislature may
3-18 appropriate money for the Public Transportation Fund each biennium
3-19 from the portion of the State Highway Fund that is not dedicated by
3-20 the Texas Constitution. Grants of money to the state from public
3-21 and private sources for public transportation shall be deposited in
3-22 the Public Transportation Fund.
3-23 (b) Monies derived from interest on the Public
3-24 Transportation Fund shall from time to time be deposited into the
3-25 general revenue fund as determined by the comptroller of public
3-26 accounts.
3-27 SECTION 4. The Public Transportation Fund referred to in
4-1 Article 6663c, Vernon's Texas Civil Statutes, is hereby
4-2 established.
4-3 SECTION 5. Section 5A, Administration and funding of mass
4-4 transportation (Article 6663c, Vernon's Texas Civil Statutes), is
4-5 amended to read as follows:
4-6 Sec. 5A. (a) Except as provided by Subsection (b) of this
4-7 section, designated recipients may use money from the formula and
4-8 discretionary programs to provide<:>
4-9 <(1) 65 percent of> the local share requirement for
4-10 federally financed projects for capital improvements;
4-11 <(2) 50 percent of> the local share requirement for
4-12 projects for operating expenses and administrative costs;
4-13 <(3) 50 percent of> the <total> cost of a public
4-14 transportation capital improvement project<, if the designated
4-15 recipient certifies that federal money is unavailable for the
4-16 proposed project and the commission finds that the proposed project
4-17 is vitally important to the development of public transportation in
4-18 the state>; and
4-19 <(4) 65 percent of> the local share requirement for
4-20 federally financed planning activities.
4-21 (b) A metropolitan or regional authority, as referred to in
4-22 Sec. 2(b) of this Act (Article 1118x, Vernon's Texas Civil Statutes
4-23 or Article 1118y, Vernon's Texas Civil Statutes), <An authority>
4-24 may not receive money from the formula or discretionary program. A
4-25 city transit department that is created under Article 1118z,
4-26 Revised Statutes, by a municipality having a population of not more
4-27 than 200,000 according to the most recent federal census, is
5-1 eligible to receive money from the formula and the discretionary
5-2 program.
5-3 (c) An application for money under this Act must be
5-4 certified and contain a statement by the applicant that<:>
5-5 <(1) money is available to provide:>
5-6 <(A) 35 percent of the local share requirement
5-7 of federally assisted capital improvements or planning projects and
5-8 50 percent of the local share requirement of federally financed
5-9 projects for operating expenses and administrative costs to be
5-10 financed under this Act; or>
5-11 <(B) 50 percent of the total cost of other
5-12 public transportation capital improvement projects; and>
5-13 <(2)> the proposed public transportation project is
5-14 consistent with continuing, cooperative, and comprehensive regional
5-15 transportation planning implemented in accordance with the federal
5-16 Urban Mass Transportation Act of 1964 (49 U.S.C. Section 1601 et
5-17 seq.) and the Federal-Aid Highway Act of 1973 (49 U.S.C. Section
5-18 1602a).
5-19 (d) The state public transportation program provided by this
5-20 Act is a <matching> grant program for public transportation
5-21 projects. Federal approval of a proposed public transportation
5-22 project means that the project is consistent with the purposes of
5-23 this Act and with the continuing, cooperative, and comprehensive
5-24 regional transportation planning implemented in accordance with the
5-25 federal Urban Mass Transportation Act of 1964 (49 U.S.C. Section
5-26 1601 et seq.) and the Federal-Aid Highway Act of 1973 (49 U.S.C.
5-27 Section 1602a).
6-1 SECTION 6. This Act takes effect September 1, 1995.
6-2 SECTION 7. The importance of this legislation and the
6-3 crowded condition of the calendars in both houses create an
6-4 emergency and an imperative public necessity that the
6-5 constitutional rule requiring bills to be read on three several
6-6 days in each house be suspended, and this rule is hereby suspended.