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
2-1 system unless the system is approved by a majority of the votes
2-2 cast at a referendum held by the authority for that purpose.
2-3 (e) A subsequent referendum under Subsection (d):
2-4 (1) may be held more than once;
2-5 (2) is held in the same manner as the initial
2-6 referendum; and
2-7 (3) may not be held before the first anniversary of an
2-8 election previously held under this section.
2-9 SECTION 2. Subchapter H, Chapter 451, Transportation Code,
2-10 is amended by adding Section 451.3625 to read as follows:
2-11 Sec. 451.3625. BONDS FOR RAIL SYSTEM; CERTAIN AUTHORITIES.
2-12 (a) This section applies only to an authority confirmed before
2-13 July 1, 1985, in which the principal municipality has a population
2-14 of less than 750,000.
2-15 (b) An authority may not issue short-term debt under Section
2-16 451.362 or bonds secured by the revenue of the authority to finance
2-17 any portion of the purchase, acquisition, construction, operation,
2-18 or maintenance of a fixed rail transit system unless the system is
2-19 approved at a referendum under Section 451.071.
2-20 (c) If a referendum is approved under Section 451.071, the
2-21 term for which short-term debt may be issued under Section 451.362
2-22 is increased to five years if the purpose of the debt is the
2-23 purchase, acquisition, construction, operation, or maintenance of
2-24 the fixed rail transit system approved at the referendum.
2-25 SECTION 3. The change in law made by Section 2 of this Act
2-26 does not affect the validity of bonds or short-term debt issued
2-27 before the effective date of this Act.
3-1 SECTION 4. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended,
3-6 and that this Act take effect and be in force from and after its
3-7 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2445 was passed by the House on April
25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2445 was passed by the Senate on May
17, 1997, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor