TWT H.B. 3443 75(R)BILL ANALYSIS


TRANSPORTATION
H.B. 3443
By: Kubiak
4-16-97
Committee Report (Substituted)



BACKGROUND 

During the 74th Regular session, legislation was passed to conform the
state's public transportation program with the federal Governor's
Discretionary Program. However, three formerly eligible urbanized areas
(Mesquite, Grand Prairie, Tarrant County) that were receiving state funds
became ineligible inadvertently. In addition the current allocation
formula for distributing public transportation funds to small cities is
inadequate and inefficient with regards to cash management, transit
planning and maximizing transit service. 

PURPOSE

C.S.H.B. 3443 amends the allocation formula in order to provide for the
three previously funded urbanized areas while capping the funding at
1996-97 biennium levels.  It also amends the allocation formula for small
urban providers to reflect recent changes in practice and policy, as well
as making technical changes in definitions and language to conform to the
Transportation Code. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 456.001, Transportation Code, by making
technical changes to the definitions of (2) designated recipient,  (8)
public transportation, (11) transit authority, and (12) urbanized area.
Adds definitions for (13) non-urbanized area and (14) local funds. 

SECTION 2.  Amends Section 456.006, Transportation Code, to allow a
recipient to receive funds if the recipient: (a) is a rural or urban
transit district or municipal transit department, (b) is not included in a
transit authority, but is located in an urbanized area that includes one
or more transit authorities, and received state transit funding in the
biennium ending August 31, 1997.  The recipient in (b) is restricted to
receiving only that amount actually expended during that biennium. (c)
Defines rural transit district and urban transit district. 

SECTION 3.  Amends Section 456.007, Transportation Code, to provide that a
grant of money to the state for public transportation purposes shall be
deposited to the credit of the public transportation account fund. The
TXDOT can only use funds in the account to carry out it and the
commission's public transportation responsibilities. 

SECTION 4. Amends Section 456.022, Transportation Code, as follows. The
commission shall allocate (1) half of the money to cities that are: 

(A) designated recipients in urbanized areas or transit authorities in
communities of under 200,000 and not served by a transit authority; and
(B) designated recipients not included in a transit authority but are in
urbanized areas with one or more transit authorities and which received
state funding during the biennium ending Aug. 31, 1997. Deletes population
requirements. 

  (2) Half the funds to designated recipients in non-urbanized areas.
Deletes population requirements.  

SECTION 5.  Amends Section 456.024 (a) and (b), Transportation Code, to
alter the formula distribution by determining the amount of funds used by
each system during the previous biennium and allocating to each system the
ratio of the percentage used to the total available funds for the current
biennium.  

SECTION 6.  Amends Section 456.041(a), Transportation Code, to correct a
cross-reference in the recodification. 

SECTION 7.  Repeals Section 456.025, Transportation Code, as no longer
applicable. 

SECTION 8. (a) In addition to the substantive changes in law made by this
Act, this Act conforms to changes in the law made by Chapter 644, Acts of
the 74th Legislature, Regular Session, 1995. (b) Repeals Chapter 664, Acts
of the 74th Legislature, Regular Session, 1995. (c) To the extent of any
conflict, this Act prevails over another Act of the 75th Legislature,
Regular Session, 1997, relating to nonsubstantive additions and
corrections in enacted codes. 

SECTION 9.  Emergency clause. Effective upon passage.



COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. The substitute adds a definition in Sec. 456.001, Subsection
(14) for local funds. The original contained no similar provision. 

SECTION 2. The original amended Sec. 456.002(b), Transportation Code to
conform with the recodification of the Transportation Code and to reflect
the generic use of federal transportation laws. The substitute deleted
Section 2 of the original, retaining current law. Section 2 of the
substitute was Section 4 of the original. 

SECTION 3. The original amended Sec. 456.004, Transportation Code, to
conform with the recodification of the Transportation Code and to reflect
the generic use of federal transportation laws. The substitute deleted
Section 3 of the original, retaining current law. Section 3 of the
substitute was Section 5 of the original.  

SECTION 4. Section 4 of the substitute was Section 6 of the original.

SECTION 5. Section 5 of the substitute was Section 7 of the original.

SECTION 6. Section 6 of the substitute was Section 8 of the original.

SECTION 7. Section 7 of the substitute was Section 9 of the original.

SECTION 8. Section 8 of the substitute was Section 10 of the original.

SECTION 9. Section 9 of the substitute was Section 11 of the original.