SDC C.S.S.B. 1301 75(R) BILL ANALYSIS
HOUSE ADMINISTRATION
C.S.S.B. 1301
By: Harris (Goolsby)
4-28-97
Committee Report (Substituted)
BACKGROUND
Currently, the Department of Public Safety and the City of Austin have
concluded their parking enforcement disagreement, with both sides having
agreed who has jurisdiction of the area in the Capitol Complex. The
Department of Public Safety currently has jurisdiction over the parking
facilities and enforcement located in the Capitol Complex. Now that an
agreement has been entered into between the two entities, the state of
Texas can now expand their enforcement and jurisdiction in the Capitol
Complex.
PURPOSE
As proposed, SB 1301 would enable the State Preservation Board to allocate
funds for the installation of parking meters and fives control of the
meters to the Department of Public Safety, requires the State Preservation
Board to operate visitors' parking for the Capitol Complex and establishes
a transportation planning committee.
RULEMAKING AUTHORITY
It is the opinion of the committee that rulemaking authority is granted to
the State Preservation Board in Section 2 of the bill (Section
443.0151(c), Government Code) in relation to the operation of visitor
parking. Existing rulemaking authority of the Department of Public Safety
is expanded in Section 5 of the bill (Section 411.063 (b), Government
Code).
SECTION BY SECTION ANALYSIS
SECTION 1. Chapter 443, Government Code, is amended by adding Section
443.015.
Sec. 443.015. PARKING METERS. (a) The State Preservation Board may
allocate funds for the installation of parking meters in the Capitol
Complex that are under the jurisdiction of the Department of Public
Safety. The board will coordinate their efforts with the department.
(b) The Department of Public Safety is responsible for the operation and
the maintenance of the parking meters, and will enforce the parking
violations related to the metered spaces.
(c) The board or the department may not install, operate, or maintain
parking meters that accept only quarters.
(d) Fifty percent of the revenue collected from the parking meters will
be deposited in the Capitol fund, and the other fifty percent will
deposited in the State Parking Fund No. 125.
(e) The term "Capitol Complex" includes the William P. Clements State
Office Building.
SECTION 2. Chapter 443, Government Code, is amended by adding Section
443.0151.
Sec. 443.0151. VISITOR PARKING FACILITIES. (a) The board will operate a
garage or similar parking facility for visitor parking.
(b) The board can set and collect a fee for parking. Revenue from the
parking facility will be credited to the Capitol fund. If revenue bonds
are issued for the project, the board will transfer half of the amount of
money to cover the debt service to the Texas Public Finance Authority.
(c) The department will enforce the rules of the board who governs the
parking facility in the same manner under Subchapter E, Chapter 411,
including the issuance of administrative citations for violations of the
board's rules. Except as provided by board rule, the parking rules of the
department under that subchapter do not apply to parking in the facility.
SECTION 3. Section 411.061(a), Government Code, is amended to clarify the
boundaries of the "Capitol Complex" as follows:
(a) The term "Capitol Complex" means the following property that is
located in the City of Austin and under the control of the state:
(1) the area bounded on the north by the inside curb of MLK Jr. Blvd., on
the east by the outside curb of Trinity street, on the south by the
outside curb of 10th street, and on the west by the outside curb of Lavaca
street;
(2) the William P. Clements building located at 300 W. 15th Street; and
(3) other locations under the jurisdiction of the capitol police
district, as approved by the director of the State Preservation Board.
SECTION 4. Section 411.062, Government Code, is amended by adding
Subsection (f) and (g).
(f) The Texas Department of Public Safety and the City of Austin will
agree to a interlocal agreement that defines the responsibilities of the
department and the city for traffic and parking enforcement and security
in the Capitol Complex.
(g) The commission can authorize the director to impose within the
Capitol Complex measures the director determines to be necessary to
protect the safety and security of persons and property within the
complex.
SECTION 5. Section 411.063(d), Government Code, is amended by amending
Subsection (b) and (d) and adding Subsection (e).
(b) This subsection is amended to allow rules adopted under this section
to regulate the type of vehicular traffic (in addition to the flow and
direction of vehicular traffic).
(d) This subsection is amended to provide an exception to the requirement
that Capitol Complex parking fees be deposited to the State Parking Fund
No. 125 for revenue collected from parking meters under Section 443.015 of
the Government Code, and to allow money in the State Parking Fund No. 125
to also be appropriated for security in the Capitol Complex (in addition
to the operation, maintenance, and improvement of state parking
facilities).
(e) To the extent that the City of Austin on January 1, 1997, operated
and maintained parking meters along side of the streets forming the
perimeter of the Capitol Complex, the city is entitled to continue to
operate, maintain, and receive the revenue from those meters, except that
the city may not operate or maintain along those streets meters that
accept quarters only.
SECTION 6. Subchapter E, Chapter 411, Government Code, is amended by
adding Section 411.065.
Sec. 411.0645. TRANSPORTATION PLANNING COMMITTEE. (a) The department,
City of Austin, the Capital Metropolitan Transit Authority, the General
Services Commission, the State Preservation Board, and the University of
Texas at Austin will each designate a representative to a committee that
is established for the purpose of coordinating transportation in and
around the Capitol Complex. The representative of the department will
convene the initial meeting of the committee, and the committee will elect
officers and meet as decided by the committee.
(b) The committee can develop and recommend to the agencies represented
agreements and memoranda of understanding relating to transportation in
and around the Capitol Complex. This may include agreements or
understandings relating to parking, vehicle traffic, and the location of
light rail or other mass transit terminals and facilities in that area.
SECTION 7. Section 411.065(a), Government Code, is amended.
(a) This subsection is amended to delete the specific reference to
driving a motor vehicle at a speed greater than 15 miles per hour in the
Capitol Complex under the criteria for determining if an offense has been
committed. Now the only criteria for determining if an offense has been
committed will be a violation of a rule of the department adopted under
Section 411.062 or 411.063.
SECTION 8. The Texas Public Finance Authority Act is amended by adding
Section 24B.
Sec. 24B. CAPITOL COMPLEX PARKING FACILITIES. (a) The construction of
parking facilities for state officers, employees and visitors to the
Capitol Complex, at an estimated cost of $29.5 million, is approved for
financing in accordance with Section 9 of this Act, and bonds may be
issued to finance the construction in accordance with Section 10 of this
Act..
(b) A parking facility for visitors to the Capitol Complex, projected to
be built on current state parking Lot 17, will be under the control of the
State Preservation Board.
SECTION 9. Section 27, Texas Public Finance Authority Act, is amended by
adding Subsection (d).
(d) Within the principal amount of the bond issue authorized under this
Act for purposes of the project approved by this section, additional
parking facilities, projected to be constructed on parking Lot 2E, are
approved for financing.
SECTION 10. Transition Provisions. Notwithstanding Section 443.015,
Government Code, as added by this Act, and Section 411.063(d), Government
Code, as amended by this Act, all revenue collected from the installed
parking meters will deposit to the Capitol fund. Once the amount equals
the expenditure of the State Preservation Board allocated for the
installation of the parking meters, the money will be divided and
deposited as provided by Section 443.015(c), as added by this Act.
SECTION 11. Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
In SECTION 1, the substitute adds a prohibition against installing or
operating parking meters that accept only quarters.
SECTION 2 of the substitute, which allows the State Preservation Board to
operate parking facilities for visitors, was not contained in the original
bill.
SECTION 3 of the substitute (which was SECTION 2 of the original bill)
further clarifies the boundaries of the Capitol Complex.
SECTION 4 of the substitute (which was SECTION 3 of the original bill)
adds an additional provision to allow the commission to give the director
the authority to impose safety and security measures within the Capitol
Complex.
SECTION 5 of the substitute (which was SECTION 4 of the original bill),
adds provisions allowing for regulation of the type of vehicular traffic
in the Capitol Complex and continued operation of existing parking meters
by the City of Austin.
SECTION 6 of the substitute, which provides for a Transportation Planning
Committee, was not contained in the original bill.
SECTION 7 of the substitute, which redefines the criteria for the
commission of an offense, was not contained in the original bill.
SECTIONS 8 and 9 of the substitute, which provide for the construction of
Capitol Complex parking facilities for state officers, employees, and
visitors, and the issuance of bonds and approval of financing for those
facilities, were not included in the original bill.
SECTIONS 10 and 11 of the substitute are SECTIONS 5 and 6 of the original
bill.