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.