By Alexander, et al. H.B. No. 2588
74R7549 T
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of rural and urban transit districts;
1-3 re-establishing the public transportation fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 RURAL AND URBAN TRANSIT ACT
1-6 SECTION 1. Definitions: In this article:
1-7 (a) "Rural Transit District" means a political subdivision
1-8 of the state which provides and coordinates rural public
1-9 transportation within its boundaries.
1-10 (b) "Rural Public Transportation Provider" means
1-11 (1) a nonprofit entity, or a local government body
1-12 created under Chapter 791 of the Government Code (Interlocal
1-13 Cooperation Contracts), or a political subdivision of the state of
1-14 Texas, which on September 1, 1994 provides rural public
1-15 transportation services and receives state or federal public
1-16 transportation funds through the Texas Department of Transportation
1-17 (formerly the State Department of Highways and Transportation) or
1-18 the Federal Transit Administration (formerly the Urban Mass
1-19 Transportation Administration), or their successors, or
1-20 (2) a nonprofit entity, or a local governmental body
1-21 created under Chapter 791 of the Government Code (Interlocal
1-22 Cooperation Contracts), or a political subdivision of the state of
1-23 Texas, which after September 1, 1995 provides rural public
1-24 transportation services and receives state or federal public
2-1 transportation money through the Texas Department of Transportation
2-2 (formerly the State Department of Highways and Transportation) or
2-3 the Federal Transit Administration (formerly the Urban Mass
2-4 Transportation Administration), or their successors, and which
2-5 complies with Section 2 of this Act; or
2-6 (3) "Rural Public Transportation contractor" means a
2-7 recipient of rural public transportation funds through a contract
2-8 with the Texas Department of Transportation.
2-9 (c) An "Urban Transit District" means a local governmental
2-10 body or a political subdivision of the state of Texas which
2-11 operates a public transportation system in an urbanized area with a
2-12 population between 50,000 and 200,000, according to the most recent
2-13 federal census.
2-14 (d) "Public Transportation" means transportation of
2-15 passengers and their hand-carried packages or baggage by an means
2-16 of surface, fixed guideway, or underground transportation or
2-17 transit, except aircraft, taxicab, ambulance, or emergency vehicle.
2-18 SECTION 2. Rural Transit Districts. (a) Rural public
2-19 transportation providers as defined in Article 6663(c), Vernon's
2-20 Texas Civil Statutes, which receive public transportation funds
2-21 through the Texas Department of Transportation on September 1, 1994
2-22 are rural transit districts as defined by this Act.
2-23 (b) A public transportation provider that desires to
2-24 contract with the Texas Department of Transportation after
2-25 September 1, 1995 to provide rural public transportation services,
2-26 can become a rural transit district within the meaning of this Act
2-27 only if it complies with the provision of this Section. No
3-1 non-urbanized portion of a county shall be excluded from a rural
3-2 transit district.
3-3 (1) The public transportation provider must be a
3-4 nonprofit entity or a local governmental body created under Chapter
3-5 791 of the Government Code (Interlocal Cooperation Contracts), or a
3-6 political subdivision of the state of Texas, desiring to provide
3-7 rural public transportation services and receive state or federal
3-8 public transportation money through the Texas Department of
3-9 Transportation (formerly the State Department of Highways and
3-10 Transportation) or the Federal Transit Administration (formerly the
3-11 Urban Mass Transportation Administration), or their successors; or
3-12 (2) The county legislative body in the area not
3-13 described in Section 2(a) desiring designation as a rural transit
3-14 district must convene a rural public transportation conference to
3-15 evaluate the need for and desirability of the creation of a new
3-16 rural transit district to provide public transportation services in
3-17 the area, taking into consideration the availability of existing
3-18 rural transit districts with the capacity to provide public
3-19 transportation service in that area. Within sixty days of the
3-20 establishment of the boundaries of the rural transit district the
3-21 members of the county legislative authority and one elected
3-22 representative from each city's governing body within the area
3-23 shall provide for the selection of the governing body of such rural
3-24 transit district, which shall consist of elected officials selected
3-25 by and serving at the pleasure of the governing bodies of the
3-26 component cities within the area and the county legislative
3-27 authority of each county within the area.
4-1 (3) In no case shall the governing body of a single
4-2 county rural transit district be greater than nine members and in
4-3 the case of a multicounty district, fifteen members, except that
4-4 each member county shall be entitled to at least one representative
4-5 on the governing body of the rural transit district.
4-6 (c) Rural Public Transportation Conference; County
4-7 Conference or Multi-county Conference to Create a Rural Transit
4-8 District. In those areas where the county officials believe that
4-9 the need for public transportation service extends across county
4-10 boundaries, the county legislative bodies of two or more
4-11 neighboring counties may elect to convene a multi-county rural
4-12 public transportation conference, hereinafter referred to as
4-13 "conference." There shall be 30 days written notice of the
4-14 conference to be convened to the legislative body of each city
4-15 within the county and thirty days public notice. The conference is
4-16 to be attended by an elected representative selected by the
4-17 legislative body of each city within such county and by the county
4-18 legislative body. The chairman of the conference shall be elected
4-19 from the selected representatives.
4-20 (1) Any conference that finds it desirable to form a
4-21 new rural transit district shall fix a date for a public hearing
4-22 thereon. Prior to the convening of the public hearing, the
4-23 conference shall delineate the county or counties that will be
4-24 included in the new rural transit district, and shall advise the
4-25 component cities and counties of the proposed area. Notice of the
4-26 public hearing, including a description and map of the boundaries
4-27 of the proposed area and notice of the time and place of the
5-1 hearing, shall be published once a week for two consecutive weeks
5-2 in one or more newspapers of general circulation within the area.
5-3 At such hearing, any interested person may appear and be heard on
5-4 all matters relating to the effect of the formation of the proposed
5-5 rural transit district.
5-6 (2) Following the conclusion of such hearing, the
5-7 conference may adopt a resolution declaring the formation and
5-8 fixing the boundaries of the rural transit district if the
5-9 conference finds that designation of a new rural transit district
5-10 will serve the general public and be conducive to the welfare and
5-11 benefit of the persons and property therein, and if the conference
5-12 determines that the general public cannot better be served by an
5-13 existing rural transit district.
5-14 (d) Joining an Existing Rural Transit District. Unserved
5-15 rural areas may elect to join with an existing rural transit
5-16 district by the adoption of a resolution by the county's
5-17 legislative body to that effect.
5-18 (e) Merging Two or More Rural Transit Districts. Two or
5-19 more rural transit districts may merge into a new rural transit
5-20 district in which the new boundary lines of the merged rural
5-21 transit district shall include the existing boundaries of the rural
5-22 transit district being merged. The merger shall be made upon the
5-23 passing of a resolution by the governing board of each rural
5-24 transit district to be merged by means of interlocal agreement
5-25 which details the boundaries of each rural transit district to be
5-26 merged and the boundaries of the new merged rural transit district.
5-27 Each of these resolutions shall delineate the terms, conditions,
6-1 and schedule or time period by which the merger shall be executed.
6-2 SECTION 3. Urban Transit Districts. (a) Small urban public
6-3 transportation providers as defined in Article 6663(c), Vernon's
6-4 Texas Civil Statutes, which receive public transportation funds
6-5 through the Texas Department of Transportation on September 1, 1994
6-6 are urban transit districts as defined by this Act.
6-7 (b) A public transportation provider that desires to
6-8 contract with the Texas Department of Transportation after
6-9 September 1, 1995 to provide small urban public transportation
6-10 services, can become an urban transit district within the meaning
6-11 of this Act only if it complies with the provisions of this
6-12 Section. The public transportation provider must be a local
6-13 governmental body created under Chapter 791 of the Government Code
6-14 (Interlocal Cooperation Contracts), or a political subdivision of
6-15 the state of Texas, desiring to provide small urban public
6-16 transportation services and receive state or federal public
6-17 transportation money through the Texas Department of Transportation
6-18 (formerly the State Department of Highways and Transportation) or
6-19 the Federal Transit Administration (formerly the Urban Mass
6-20 Transportation Administration), or their successors. The
6-21 legislative body in the area not described in Section 2(a) desiring
6-22 designation as an urban transit district must adopt a resolution
6-23 stating the legislative body's declaration creating the small urban
6-24 transit district to serve the general public.
6-25 SECTION 4. General Powers. (a) In addition to the powers
6-26 specifically granted by this chapter a rural transit district shall
6-27 have all powers which are necessary to carry out the purposes of
7-1 the rural transit district. A rural transit district may contract
7-2 with the United States or any agency thereof, any state or agency
7-3 thereof, any other rural or urban transit district, any
7-4 metropolitan or regional transit authority, any county, city,
7-5 metropolitan municipal corporation, special district, or
7-6 governmental agency, within or without the state, and any private
7-7 person, firm or corporation for the purpose of receiving gifts or
7-8 grants or securing loans or advances for preliminary planning and
7-9 feasibility studies, or for the design, construction and operation
7-10 of transportation facilities, including but not limited to,
7-11 intermodal transportation facilities.
7-12 (b) In addition a rural or urban transit district may
7-13 contract with any governmental agency or with any private person,
7-14 firm or corporation for the use by either contracting party of all
7-15 or any part of the facilities, structures, lands, interests in
7-16 lands, air rights over lands and rights of way of all kinds which
7-17 are owned, leased or held by the other party and for the purpose of
7-18 planning, constructing or operating any facility or performing any
7-19 service which the rural transit district may be authorized to
7-20 operate or perform, on such terms as may be agreed upon by the
7-21 contracting parties.
7-22 (c) Upon the effective date on which the rural transit
7-23 district commences to perform the public transportation service, no
7-24 person or private corporation shall operate a local public
7-25 passenger transportation service within the rural transit district
7-26 with the exception of taxis, buses owned or operated by a
7-27 corporation or organization solely for the purposes of the
8-1 corporation or organization and for the use of which no fee or fare
8-2 is charged, or of rural public transportation providers wherein an
8-3 agreement pursuant to this Act has been made between the parties
8-4 providing for such transportation service.
8-5 SECTION 5. The Public Transportation Fund, referred to in
8-6 Article 6663c, Vernon's Texas Civil Statutes, is hereby
8-7 established.
8-8 SECTION 6. Amend Section 5, Administration and funding of
8-9 mass transportation (Article 6663c, Vernon's Texas Civil Statutes)
8-10 to read as follows:
8-11 Sec. 5. (a) The Public Transportation Fund is established
8-12 as a special fund in the State Treasury. The Public Transportation
8-13 Fund may only be used by the State Department of Highways and
8-14 Public Transportation, or its successor the Department of
8-15 Transportation, in carrying out the responsibilities and duties of
8-16 the commission and the department for public transportation
8-17 purposes as established under this state law. The legislature may
8-18 appropriate money for the Public Transportation Fund each biennium
8-19 from the portion of the State Highway Fund that is not dedicated by
8-20 the Texas Constitution. Grants of money to the state from public
8-21 and private sources for public transportation shall be deposited in
8-22 the Public Transportation Fund.
8-23 (b) Monies derived from interest on the Public
8-24 Transportation Fund shall from time to time be deposited into the
8-25 general revenue fund as determined by the comptroller of public
8-26 accounts.
8-27 SECTION 7. This Act takes effect September 1, 1995.
9-1 SECTION 8. The importance of this legislation and the
9-2 crowded condition of the calendars in both houses create an
9-3 emergency and an imperative public necessity that the
9-4 constitutional rule requiring bills to be read on three several
9-5 days in each house be suspended, and this rule is hereby suspended.