1-1 By: Kubiak, et al. (Senate Sponsor - Armbrister) H.B. No. 2496
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on State
1-4 Affairs; May 16, 1995, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; May 16, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to funding of mass transportation projects.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 2, Chapter 679, Acts of the 64th
1-11 Legislature, Regular Session, 1975 (Article 6663c, Vernon's Texas
1-12 Civil Statutes), is amended by amending Subdivisions (7) and (10)
1-13 and adding Subdivision (12) to read as follows:
1-14 (7) "Urbanized area" means an area having a population
1-15 of more than 50,000 but less than 200,000 and so designated by the
1-16 United States Bureau of the Census <or by general state law>.
1-17 (10) "Designated recipient" means an authority, a
1-18 municipality that is not included in an authority, a local
1-19 governmental body, or a nonprofit entity providing rural public
1-20 transportation services, that receives federal or state public
1-21 transportation money through the Texas <State> Department of
1-22 <Highways and Public> Transportation or the Federal Transit
1-23 <federal Urban Mass Transportation> Administration, or its
1-24 successor.
1-25 (12) "Rural area" means an area having a population of
1-26 50,000 or less and so designated by the United States Bureau of the
1-27 Census.
1-28 SECTION 2. Section 4(c), Chapter 679, Acts of the 64th
1-29 Legislature, Regular Session, 1975 (Article 6663c, Vernon's Texas
1-30 Civil Statutes), is amended to read as follows:
1-31 (c) To participate in the discretionary program for a state
1-32 fiscal biennium, a designated recipient must deliver an application
1-33 for project funding to the commission. An application submitted
1-34 under this subsection must contain:
1-35 (1) a description of the project, including estimates
1-36 of the population that would benefit from the project and the
1-37 anticipated date of project completion;
1-38 (2) a statement of the estimated cost of the project,
1-39 including estimates of the federally financed portions of the
1-40 project costs; and
1-41 (3) a certification, as required by Section 5A(c) of
1-42 this Act, that <local> funds are available, if required under
1-43 Section 5A(b) of this Act, <for local share requirements> and that
1-44 proposed projects are consistent with comprehensive regional
1-45 transportation plans.
1-46 SECTION 3. Sections 5A(a), (b), (c), and (d), Chapter 679,
1-47 Acts of the 64th Legislature, Regular Session, 1975 (Article 6663c,
1-48 Vernon's Texas Civil Statutes), are amended to read as follows:
1-49 (a) Except as provided by Subsection (b) of this section,
1-50 designated recipients may use money from the formula and
1-51 discretionary programs to provide for capital improvements,
1-52 planning activities, and operating expenses and other
1-53 administrative costs<:>
1-54 <(1) 65 percent of the local share requirement for
1-55 federally financed projects for capital improvements;>
1-56 <(2) 50 percent of the local share requirement for
1-57 projects for operating expenses and administrative costs;>
1-58 <(3) 50 percent of the total cost of a public
1-59 transportation capital improvement project, if the designated
1-60 recipient certifies that federal money is unavailable for the
1-61 proposed project and the commission finds that the proposed project
1-62 is vitally important to the development of public transportation in
1-63 the state; and>
1-64 <(4) 65 percent of the local share requirement for
1-65 federally financed planning activities>.
1-66 (b) A metropolitan or regional authority created under
1-67 Chapter 141, Acts of the 63rd Legislature, Regular Session, 1973
1-68 (Article 1118x, Vernon's Texas Civil Statutes), or Chapter 683,
2-1 Acts of the 66th Legislature, Regular Session, 1979 (Article 1118y,
2-2 Vernon's Texas Civil Statutes), <An authority> may not receive
2-3 money from the formula or discretionary program. A city transit
2-4 department created under Article 1118z, Revised Statutes, by a
2-5 municipality having a population of not more than 200,000 is
2-6 eligible to receive money from the formula and the discretionary
2-7 program with the option to provide a local share. A municipality
2-8 having a population of more than 200,000 and not otherwise
2-9 described by this subsection is eligible to receive money from the
2-10 formula and discretionary program to provide:
2-11 (1) 65 percent of the local share requirement for
2-12 federally financed projects for capital improvements;
2-13 (2) 50 percent of the local share requirement for
2-14 projects for operating expenses and other administrative costs;
2-15 (3) 50 percent of the total cost of a public
2-16 transportation capital improvement project, if the designated
2-17 recipient certifies that federal money is unavailable for the
2-18 proposed project and the commission finds that the proposed project
2-19 is vitally important to the development of public transportation in
2-20 the state; and
2-21 (4) 65 percent of the local share requirement for
2-22 federally financed planning activities.
2-23 (c) An application for money under this Act must be
2-24 certified and contain a statement by the applicant that<:>
2-25 <(1) money is available to provide:>
2-26 <(A) 35 percent of the local share requirement
2-27 of federally assisted capital improvements or planning projects and
2-28 50 percent of the local share requirement of federally financed
2-29 projects for operating expenses and administrative costs to be
2-30 financed under this Act; or>
2-31 <(B) 50 percent of the total cost of other
2-32 public transportation capital improvement projects; and>
2-33 <(2)> the proposed public transportation project is
2-34 consistent with continuing, cooperative, and comprehensive regional
2-35 transportation planning implemented in accordance with the federal
2-36 Urban Mass Transportation Act of 1964 (49 U.S.C. Section 5301
2-37 <1601> et seq.) and the Federal-Aid Highway Act of 1973 (49 U.S.C.
2-38 Section 1602a).
2-39 (d) The state public transportation program provided by this
2-40 Act is a <matching> grant program for public transportation
2-41 projects. Federal approval of a proposed public transportation
2-42 project means that the project is consistent with the purposes of
2-43 this Act and with the continuing, cooperative, and comprehensive
2-44 regional transportation planning implemented in accordance with the
2-45 federal Urban Mass Transportation Act of 1964 (49 U.S.C. Section
2-46 5301 <1601> et seq.) and the Federal-Aid Highway Act of 1973 (49
2-47 U.S.C. Section 1602a).
2-48 SECTION 4. This Act takes effect September 1, 1995.
2-49 SECTION 5. The importance of this legislation and the
2-50 crowded condition of the calendars in both houses create an
2-51 emergency and an imperative public necessity that the
2-52 constitutional rule requiring bills to be read on three several
2-53 days in each house be suspended, and this rule is hereby suspended.
2-54 * * * * *