By Greenberg, Krusee, Dukes, Maxey, H.B. No. 2445 75R10471 DRH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the operation of a fixed rail transit system by certain 1-3 metropolitan rapid transit authorities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 451, Transportation Code, 1-6 is amended by adding Section 451.071 to read as follows: 1-7 Sec. 451.071. REFERENDUM FOR RAIL PLAN; CERTAIN AUTHORITIES. 1-8 (a) This section applies only to an authority confirmed before 1-9 July 1, 1985, in which the principal municipality has a population 1-10 of less than 750,000. 1-11 (b) The authority may hold a referendum on whether the 1-12 authority may operate a fixed rail transit system. At the election 1-13 the ballots shall be printed to permit voting for or against the 1-14 following proposition: "The operation of a fixed rail system by 1-15 (name of authority)." 1-16 (c) The notice of an election called under this section must 1-17 include a general description of the form of the fixed rail transit 1-18 system, including the general location of any proposed routes. 1-19 (d) If a majority of the votes cast are in favor of the 1-20 proposition, the authority may build and operate the system as 1-21 provided in the notice for the election. If less than a majority 1-22 of the votes cast are in favor of the proposition, the authority 1-23 may not expend funds of the authority to purchase, acquire, 1-24 construct, operate, or maintain any form of a fixed rail transit 1-25 system unless the system is approved by a majority of the votes 2-1 cast at a referendum held by the authority for that purpose. 2-2 (e) A subsequent referendum under Subsection (d): 2-3 (1) may be held more than once; 2-4 (2) is held in the same manner as the initial 2-5 referendum; and 2-6 (3) may not be held before the first anniversary of an 2-7 election previously held under this section. 2-8 SECTION 2. Subchapter H, Chapter 451, Transportation Code, 2-9 is amended by adding Section 451.3625 to read as follows: 2-10 Sec. 451.3625. BONDS FOR RAIL SYSTEM; CERTAIN AUTHORITIES. 2-11 (a) This section applies only to an authority confirmed before 2-12 July 1, 1985, in which the principal municipality has a population 2-13 of less than 750,000. 2-14 (b) An authority may not issue short-term debt under Section 2-15 451.362 or bonds secured by the revenue of the authority to finance 2-16 any portion of the purchase, acquisition, construction, operation, 2-17 or maintenance of a fixed rail transit system unless the system is 2-18 approved at a referendum under Section 451.071. 2-19 (c) If a referendum is approved under Section 451.071, the 2-20 term for which short-term debt may be issued under Section 451.362 2-21 is increased to five years if the purpose of the debt is the 2-22 purchase, acquisition, construction, operation, or maintenance of 2-23 the fixed rail transit system approved at the referendum. 2-24 SECTION 3. The change in law made by Section 2 of this Act 2-25 does not affect the validity of bonds or short-term debt issued 2-26 before the effective date of this Act. 2-27 SECTION 4. The importance of this legislation and the 3-1 crowded condition of the calendars in both houses create an 3-2 emergency and an imperative public necessity that the 3-3 constitutional rule requiring bills to be read on three several 3-4 days in each house be suspended, and this rule is hereby suspended, 3-5 and that this Act take effect and be in force from and after its 3-6 passage, and it is so enacted.