1-1 By: Alexander, et al. (Senate Sponsor - Armbrister) H.B. No. 2588
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 10, Nays 0; May 16, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the establishment of rural and urban transit districts.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 RURAL AND URBAN TRANSIT ACT
1-11 SECTION 1. DEFINITIONS. In this Act:
1-12 (1) "Rural transit district" means a political
1-13 subdivision of the state which provides and coordinates rural
1-14 public transportation within its boundaries.
1-15 (2) "Rural public transportation provider" means:
1-16 (A) a nonprofit entity, or a local governmental
1-17 body created under Chapter 791 of the Government Code (Interlocal
1-18 Cooperation Contracts), or a political subdivision of the State of
1-19 Texas, which on August 31, 1995, provides rural public
1-20 transportation services and receives state or federal public
1-21 transportation funds through the Texas Department of Transportation
1-22 (formerly the State Department of Highways and Transportation) or
1-23 the Federal Transit Administration (formerly the Urban Mass
1-24 Transportation Administration), or their successors; or
1-25 (B) a nonprofit entity, or a local governmental
1-26 body created under Chapter 791 of the Government Code (Interlocal
1-27 Cooperation Contracts), or a political subdivision of the State of
1-28 Texas, which after September 1, 1995, provides rural public
1-29 transportation services and receives state or federal public
1-30 transportation money through the Texas Department of Transportation
1-31 (formerly the State Department of Highways and Transportation) or
1-32 the Federal Transit Administration (formerly the Urban Mass
1-33 Transportation Administration), or their successors, and which
1-34 complies with Section 2 of this Act.
1-35 (3) "Rural public transportation contractor" means a
1-36 recipient of rural public transportation funds through a contract
1-37 with the Texas Department of Transportation.
1-38 (4) "Urban transit district" means a local
1-39 governmental body or a political subdivision of the State of Texas
1-40 which operates a public transportation system in an urbanized area
1-41 with a population between 50,000 and 200,000, according to the most
1-42 recent federal census.
1-43 (5) "Public transportation" means mass transportation
1-44 of passengers and their hand-carried packages or baggage on a
1-45 regular and continuing basis by any means of surface, fixed
1-46 guideway, or underground transportation or transit, except
1-47 aircraft, taxicab, ambulance, or emergency vehicle.
1-48 SECTION 2. RURAL TRANSIT DISTRICTS. (a) Rural public
1-49 transportation providers as defined in Chapter 679, Acts of the
1-50 64th Legislature, Regular Session, 1975 (Article 6663c, Vernon's
1-51 Texas Civil Statutes), which receive public transportation funds
1-52 through the Texas Department of Transportation on August 31, 1995,
1-53 are rural transit districts as defined by this Act.
1-54 (b) A public transportation provider that desires to
1-55 contract with the Texas Department of Transportation after
1-56 September 1, 1995, to provide rural public transportation services
1-57 can become a rural transit district within the meaning of this Act
1-58 only if it complies with the provisions of this section. No
1-59 nonurbanized portion of a county shall be excluded from a rural
1-60 transit district.
1-61 (1) The public transportation provider must be a
1-62 nonprofit entity or a local governmental body created under Chapter
1-63 791 of the Government Code (Interlocal Cooperation Contracts), or a
1-64 political subdivision of the State of Texas, desiring to provide
1-65 rural public transportation services and receive state or federal
1-66 public transportation money through the Texas Department of
1-67 Transportation (formerly the State Department of Highways and
1-68 Transportation) or the Federal Transit Administration (formerly the
2-1 Urban Mass Transportation Administration), or their successors.
2-2 (2) The county legislative body in the area not
2-3 described in Section 2(a) desiring designation as a rural transit
2-4 district must convene a rural public transportation conference to
2-5 evaluate the need for and desirability of the creation of a new
2-6 rural transit district to provide public transportation services in
2-7 the area, taking into consideration the availability of existing
2-8 rural transit districts with the capacity to provide public
2-9 transportation service in that area. Within 60 days of the
2-10 establishment of the boundaries of the rural transit district, the
2-11 members of the county legislative authority and one elected
2-12 representative from each city's governing body within the area
2-13 shall provide for the selection of the governing body of such rural
2-14 transit district, which shall consist of elected officials selected
2-15 by and serving at the pleasure of the governing bodies of the
2-16 component cities within the area and the county legislative
2-17 authority of each county within the area.
2-18 (3) In no case shall the governing body of a single
2-19 county rural transit district be greater than nine members, and in
2-20 the case of a multicounty district, 15 members, except that each
2-21 member county shall be entitled to at least one representative on
2-22 the governing body of the rural transit district.
2-23 (c) Rural Public Transportation Conference; County
2-24 Conference or Multicounty Conference to Create a Rural Transit
2-25 District. In those areas unserved by any rural transit district
2-26 and where the county officials believe that the need for public
2-27 transportation service extends across county boundaries, the county
2-28 legislative bodies of two or more neighboring counties may elect to
2-29 convene a multicounty rural public transportation conference,
2-30 hereinafter referred to as "conference." There shall be 30 days'
2-31 written notice of the conference to be convened to the legislative
2-32 body of each city within the county and 30 days' public notice.
2-33 The conference is to be attended by an elected representative
2-34 selected by the legislative body of each city within such county
2-35 and by the county legislative body. The chairman of the conference
2-36 shall be elected from the selected representatives.
2-37 (1) Any conference that finds it desirable to form a
2-38 new rural transit district shall fix a date for a public hearing
2-39 thereon. Prior to the convening of the public hearing, the
2-40 conference shall delineate the county or counties that will be
2-41 included in the new rural transit district and shall advise the
2-42 component cities and counties of the proposed area. Notice of the
2-43 public hearing, including a description and map of the boundaries
2-44 of the proposed area and notice of the time and place of the
2-45 hearing, shall be published once a week for two consecutive weeks
2-46 in one or more newspapers of general circulation within the area.
2-47 At such hearing, any interested person may appear and be heard on
2-48 all matters relating to the effect of the formation of the proposed
2-49 rural transit district.
2-50 (2) Following the conclusion of such hearing, the
2-51 conference may adopt a resolution declaring the formation and
2-52 fixing the boundaries of the rural transit district if the
2-53 conference finds that designation of a new rural transit district
2-54 will serve the general public and be conducive to the welfare and
2-55 benefit of the persons and property therein, and if the conference
2-56 determines that the general public cannot better be served by an
2-57 existing rural transit district.
2-58 (d) Joining an Existing Rural Transit District. Unserved
2-59 rural areas may elect to join with an existing rural transit
2-60 district by the adoption of a resolution by the county's
2-61 legislative body to that effect.
2-62 (e) Merging Two or More Rural Transit Districts. Two or
2-63 more rural transit districts may merge into a new rural transit
2-64 district in which the new boundary lines of the merged rural
2-65 transit district shall include the existing boundaries of the rural
2-66 transit district being merged. The merger shall be made upon the
2-67 passing of a resolution by the governing board of each rural
2-68 transit district to be merged by means of interlocal agreement
2-69 which details the boundaries of each rural transit district to be
2-70 merged and the boundaries of the new merged rural transit district.
3-1 Each of these resolutions shall delineate the terms, conditions,
3-2 and schedule or time period by which the merger shall be executed.
3-3 SECTION 3. URBAN TRANSIT DISTRICTS. (a) Small urban public
3-4 transportation providers as defined in Chapter 679, Acts of the
3-5 64th Legislature, Regular Session, 1975 (Article 6663c, Vernon's
3-6 Texas Civil Statutes), which receive public transportation funds
3-7 through the Texas Department of Transportation on September 1,
3-8 1994, are urban transit districts as defined by this Act.
3-9 (b) A public transportation provider that desires to
3-10 contract with the Texas Department of Transportation after
3-11 September 1, 1995, to provide small urban public transportation
3-12 services can become an urban transit district within the meaning of
3-13 this Act only if it complies with the provisions of this section.
3-14 The public transportation provider must be a local governmental
3-15 body created under Chapter 791 of the Government Code (Interlocal
3-16 Cooperation Contracts), or a political subdivision of the State of
3-17 Texas, desiring to provide small urban public transportation
3-18 services and receive state or federal public transportation money
3-19 through the Texas Department of Transportation (formerly the State
3-20 Department of Highways and Transportation) or the Federal Transit
3-21 Administration (formerly the Urban Mass Transportation
3-22 Administration), or their successors. The legislative body in the
3-23 area not described in Section 2(a) desiring designation as an urban
3-24 transit district must adopt a resolution stating the legislative
3-25 body's declaration creating the small urban transit district to
3-26 serve the general public.
3-27 SECTION 4. GENERAL POWERS. (a) In addition to the powers
3-28 specifically granted by this Act, a rural transit district shall
3-29 have all powers which are necessary to carry out the purposes of
3-30 the rural transit district. A rural transit district may contract
3-31 with the United States or any agency thereof, any state or agency
3-32 thereof, any other rural or urban transit district, any
3-33 metropolitan or regional transit authority, any county, city,
3-34 metropolitan municipal corporation, special district, or
3-35 governmental agency, within or without the state, and any private
3-36 person, firm, or corporation for the purpose of receiving gifts or
3-37 grants or securing loans or advances for preliminary planning and
3-38 feasibility studies, or for the design, construction, and operation
3-39 of transportation facilities, including but not limited to
3-40 intermodal transportation facilities.
3-41 (b) In addition, a rural or urban transit district may
3-42 contract with any governmental agency or with any private person,
3-43 firm, or corporation for the use by either contracting party of all
3-44 or any part of the facilities, structures, lands, interests in
3-45 lands, air rights over lands, and rights-of-way of all kinds which
3-46 are owned, leased, or held by the other party and for the purpose
3-47 of planning, constructing, or operating any facility or performing
3-48 any service which the rural transit district may be authorized to
3-49 operate or perform, on such terms as may be agreed upon by the
3-50 contracting parties.
3-51 (c) Upon the effective date on which the rural transit
3-52 district commences to perform the public transportation service, no
3-53 person or private corporation shall operate a local public
3-54 passenger transportation service within the rural transit district
3-55 with the exception of taxis, intercity passenger rail services,
3-56 intercity bus carriers, buses owned or operated by a corporation or
3-57 organization solely for the purposes of the corporation or
3-58 organization and for the use of which no fee or fare is charged, or
3-59 of rural public transportation providers wherein an agreement
3-60 pursuant to this Act has been made between the parties providing
3-61 for such transportation service.
3-62 SECTION 5. EFFECTIVE DATE. This Act takes effect September
3-63 1, 1995.
3-64 SECTION 6. EMERGENCY. The importance of this legislation
3-65 and the crowded condition of the calendars in both houses create an
3-66 emergency and an imperative public necessity that the
3-67 constitutional rule requiring bills to be read on three several
3-68 days in each house be suspended, and this rule is hereby suspended.
3-69 * * * * *