By Alexander, et al. H.B. No. 2588
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of rural and urban transit districts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 RURAL AND URBAN TRANSIT ACT
1-5 SECTION 1. DEFINITIONS. In this Act:
1-6 (1) "Rural transit district" means a political
1-7 subdivision of the state which provides and coordinates rural
1-8 public transportation within its boundaries.
1-9 (2) "Rural public transportation provider" means:
1-10 (A) a nonprofit entity, or a local governmental
1-11 body created under Chapter 791 of the Government Code (Interlocal
1-12 Cooperation Contracts), or a political subdivision of the State of
1-13 Texas, which on August 31, 1995, provides rural public
1-14 transportation services and receives state or federal public
1-15 transportation funds through the Texas Department of Transportation
1-16 (formerly the State Department of Highways and Transportation) or
1-17 the Federal Transit Administration (formerly the Urban Mass
1-18 Transportation Administration), or their successors; or
1-19 (B) a nonprofit entity, or a local governmental
1-20 body created under Chapter 791 of the Government Code (Interlocal
1-21 Cooperation Contracts), or a political subdivision of the State of
1-22 Texas, which after September 1, 1995, provides rural public
1-23 transportation services and receives state or federal public
1-24 transportation money through the Texas Department of Transportation
2-1 (formerly the State Department of Highways and Transportation) or
2-2 the Federal Transit Administration (formerly the Urban Mass
2-3 Transportation Administration), or their successors, and which
2-4 complies with Section 2 of this Act.
2-5 (3) "Rural public transportation contractor" means a
2-6 recipient of rural public transportation funds through a contract
2-7 with the Texas Department of Transportation.
2-8 (4) "Urban transit district" means a local
2-9 governmental body or a political subdivision of the State of Texas
2-10 which operates a public transportation system in an urbanized area
2-11 with a population between 50,000 and 200,000, according to the most
2-12 recent federal census.
2-13 (5) "Public transportation" means mass transportation
2-14 of passengers and their hand-carried packages or baggage on a
2-15 regular and continuing basis by any means of surface, fixed
2-16 guideway, or underground transportation or transit, except
2-17 aircraft, taxicab, ambulance, or emergency vehicle.
2-18 SECTION 2. RURAL TRANSIT DISTRICTS. (a) Rural public
2-19 transportation providers as defined in Chapter 679, Acts of the
2-20 64th Legislature, Regular Session, 1975 (Article 6663c, Vernon's
2-21 Texas Civil Statutes), which receive public transportation funds
2-22 through the Texas Department of Transportation on August 31, 1995,
2-23 are rural transit districts as defined by this Act.
2-24 (b) A public transportation provider that desires to
2-25 contract with the Texas Department of Transportation after
2-26 September 1, 1995, to provide rural public transportation services
2-27 can become a rural transit district within the meaning of this Act
3-1 only if it complies with the provisions of this section. No
3-2 nonurbanized portion of a county shall be excluded from a rural
3-3 transit district.
3-4 (1) The public transportation provider must be a
3-5 nonprofit entity or a local governmental body created under Chapter
3-6 791 of the Government Code (Interlocal Cooperation Contracts), or a
3-7 political subdivision of the State of Texas, desiring to provide
3-8 rural public transportation services and receive state or federal
3-9 public transportation money through the Texas Department of
3-10 Transportation (formerly the State Department of Highways and
3-11 Transportation) or the Federal Transit Administration (formerly the
3-12 Urban Mass Transportation Administration), or their successors.
3-13 (2) The county legislative body in the area not
3-14 described in Section 2(a) desiring designation as a rural transit
3-15 district must convene a rural public transportation conference to
3-16 evaluate the need for and desirability of the creation of a new
3-17 rural transit district to provide public transportation services in
3-18 the area, taking into consideration the availability of existing
3-19 rural transit districts with the capacity to provide public
3-20 transportation service in that area. Within 60 days of the
3-21 establishment of the boundaries of the rural transit district, the
3-22 members of the county legislative authority and one elected
3-23 representative from each city's governing body within the area
3-24 shall provide for the selection of the governing body of such rural
3-25 transit district, which shall consist of elected officials selected
3-26 by and serving at the pleasure of the governing bodies of the
3-27 component cities within the area and the county legislative
4-1 authority of each county within the area.
4-2 (3) In no case shall the governing body of a single
4-3 county rural transit district be greater than nine members, and in
4-4 the case of a multicounty district, 15 members, except that each
4-5 member county shall be entitled to at least one representative on
4-6 the governing body of the rural transit district.
4-7 (c) Rural Public Transportation Conference; County
4-8 Conference or Multicounty Conference to Create a Rural Transit
4-9 District. In those areas unserved by any rural transit district
4-10 and where the county officials believe that the need for public
4-11 transportation service extends across county boundaries, the county
4-12 legislative bodies of two or more neighboring counties may elect to
4-13 convene a multicounty rural public transportation conference,
4-14 hereinafter referred to as "conference." There shall be 30 days'
4-15 written notice of the conference to be convened to the legislative
4-16 body of each city within the county and 30 days' public notice.
4-17 The conference is to be attended by an elected representative
4-18 selected by the legislative body of each city within such county
4-19 and by the county legislative body. The chairman of the conference
4-20 shall be elected from the selected representatives.
4-21 (1) Any conference that finds it desirable to form a
4-22 new rural transit district shall fix a date for a public hearing
4-23 thereon. Prior to the convening of the public hearing, the
4-24 conference shall delineate the county or counties that will be
4-25 included in the new rural transit district and shall advise the
4-26 component cities and counties of the proposed area. Notice of the
4-27 public hearing, including a description and map of the boundaries
5-1 of the proposed area and notice of the time and place of the
5-2 hearing, shall be published once a week for two consecutive weeks
5-3 in one or more newspapers of general circulation within the area.
5-4 At such hearing, any interested person may appear and be heard on
5-5 all matters relating to the effect of the formation of the proposed
5-6 rural transit district.
5-7 (2) Following the conclusion of such hearing, the
5-8 conference may adopt a resolution declaring the formation and
5-9 fixing the boundaries of the rural transit district if the
5-10 conference finds that designation of a new rural transit district
5-11 will serve the general public and be conducive to the welfare and
5-12 benefit of the persons and property therein, and if the conference
5-13 determines that the general public cannot better be served by an
5-14 existing rural transit district.
5-15 (d) Joining an Existing Rural Transit District. Unserved
5-16 rural areas may elect to join with an existing rural transit
5-17 district by the adoption of a resolution by the county's
5-18 legislative body to that effect.
5-19 (e) Merging Two or More Rural Transit Districts. Two or
5-20 more rural transit districts may merge into a new rural transit
5-21 district in which the new boundary lines of the merged rural
5-22 transit district shall include the existing boundaries of the rural
5-23 transit district being merged. The merger shall be made upon the
5-24 passing of a resolution by the governing board of each rural
5-25 transit district to be merged by means of interlocal agreement
5-26 which details the boundaries of each rural transit district to be
5-27 merged and the boundaries of the new merged rural transit district.
6-1 Each of these resolutions shall delineate the terms, conditions,
6-2 and schedule or time period by which the merger shall be executed.
6-3 SECTION 3. URBAN TRANSIT DISTRICTS. (a) Small urban public
6-4 transportation providers as defined in Chapter 679, Acts of the
6-5 64th Legislature, Regular Session, 1975 (Article 6663c, Vernon's
6-6 Texas Civil Statutes), which receive public transportation funds
6-7 through the Texas Department of Transportation on September 1,
6-8 1994, are urban transit districts as defined by this Act.
6-9 (b) A public transportation provider that desires to
6-10 contract with the Texas Department of Transportation after
6-11 September 1, 1995, to provide small urban public transportation
6-12 services can become an urban transit district within the meaning of
6-13 this Act only if it complies with the provisions of this section.
6-14 The public transportation provider must be a local governmental
6-15 body created under Chapter 791 of the Government Code (Interlocal
6-16 Cooperation Contracts), or a political subdivision of the State of
6-17 Texas, desiring to provide small urban public transportation
6-18 services and receive state or federal public transportation money
6-19 through the Texas Department of Transportation (formerly the State
6-20 Department of Highways and Transportation) or the Federal Transit
6-21 Administration (formerly the Urban Mass Transportation
6-22 Administration), or their successors. The legislative body in the
6-23 area not described in Section 2(a) desiring designation as an urban
6-24 transit district must adopt a resolution stating the legislative
6-25 body's declaration creating the small urban transit district to
6-26 serve the general public.
6-27 SECTION 4. GENERAL POWERS. (a) In addition to the powers
7-1 specifically granted by this Act, a rural transit district shall
7-2 have all powers which are necessary to carry out the purposes of
7-3 the rural transit district. A rural transit district may contract
7-4 with the United States or any agency thereof, any state or agency
7-5 thereof, any other rural or urban transit district, any
7-6 metropolitan or regional transit authority, any county, city,
7-7 metropolitan municipal corporation, special district, or
7-8 governmental agency, within or without the state, and any private
7-9 person, firm, or corporation for the purpose of receiving gifts or
7-10 grants or securing loans or advances for preliminary planning and
7-11 feasibility studies, or for the design, construction, and operation
7-12 of transportation facilities, including but not limited to
7-13 intermodal transportation facilities.
7-14 (b) In addition, a rural or urban transit district may
7-15 contract with any governmental agency or with any private person,
7-16 firm, or corporation for the use by either contracting party of all
7-17 or any part of the facilities, structures, lands, interests in
7-18 lands, air rights over lands, and rights-of-way of all kinds which
7-19 are owned, leased, or held by the other party and for the purpose
7-20 of planning, constructing, or operating any facility or performing
7-21 any service which the rural transit district may be authorized to
7-22 operate or perform, on such terms as may be agreed upon by the
7-23 contracting parties.
7-24 (c) Upon the effective date on which the rural transit
7-25 district commences to perform the public transportation service, no
7-26 person or private corporation shall operate a local public
7-27 passenger transportation service within the rural transit district
8-1 with the exception of taxis, intercity passenger rail services,
8-2 intercity bus carriers, buses owned or operated by a corporation or
8-3 organization solely for the purposes of the corporation or
8-4 organization and for the use of which no fee or fare is charged, or
8-5 of rural public transportation providers wherein an agreement
8-6 pursuant to this Act has been made between the parties providing
8-7 for such transportation service.
8-8 SECTION 5. EFFECTIVE DATE. This Act takes effect September
8-9 1, 1995.
8-10 SECTION 6. EMERGENCY. The importance of this legislation
8-11 and the crowded condition of the calendars in both houses create an
8-12 emergency and an imperative public necessity that the
8-13 constitutional rule requiring bills to be read on three several
8-14 days in each house be suspended, and this rule is hereby suspended.