Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By: Barrientos S.B. No. 1448
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation and functions of certain mass transit
1-2 authorities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4(e)(7)(A), Chapter 141, Acts of the 63rd
1-5 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 (A) In addition to the grounds described by
1-8 Subdivision (1) of this subsection, it is a ground for removal from
1-9 the board of an authority in which the principal city has a
1-10 population of less than 750,000 [300,000], according to the most
1-11 recent federal census, if a member:
1-12 (i) does not have at the time of
1-13 appointment the qualifications required by Subsection (d) of
1-14 Section 4 and Subsection (e) of Section 6B of this Act;
1-15 (ii) does not maintain during service on
1-16 the board the qualifications required by Subsection (d) of Section
1-17 4 and Subsection (e) of Section 6B of this Act;
1-18 (iii) violates a prohibition established
1-19 by Subsection (d) of Section 4 of this Act or Chapter 171, Local
1-20 Government Code;
1-21 (iv) cannot discharge the member's duties
1-22 for a substantial part of the term for which the member is
1-23 appointed because of illness or disability; or
2-1 (v) is absent from more than half of the
2-2 regularly scheduled board meetings that the member is eligible to
2-3 attend during a calendar year unless the absence is excused by
2-4 majority vote of the board.
2-5 SECTION 2. Section 6, Chapter 141, Acts of the 63rd
2-6 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
2-7 Civil Statutes), is amended by adding Subsection (w) to read as
2-8 follows:
2-9 (w) An authority confirmed at a tax election before July 1,
2-10 1985, and in which the principal city has a population of less than
2-11 750,000, according to the most recent federal census, may operate a
2-12 free fares program if:
2-13 (1) the authority has developed and adopted clearly
2-14 defined goals for the program;
2-15 (2) the program expires unless renewed annually; and
2-16 (3) a renewal of the program is granted only after an
2-17 evaluation of the program's costs and benefits.
2-18 SECTION 3. Section 6B, Chapter 141, Acts of the 63rd
2-19 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
2-20 Civil Statutes), is amended by adding Subsection (j) to read as
2-21 follows:
2-22 (j) Members of the board of an authority confirmed at a tax
2-23 election before July 1, 1985, and in which the principal city has a
2-24 population of less than 750,000, according to the most recent
2-25 federal census, serve staggered terms of two years. A vacancy on a
3-1 board subject to this subsection shall be filled by the agency that
3-2 appointed the member whose position has become vacant for the
3-3 remainder of the unexpired term. Notwithstanding any authority in
3-4 Subsection (c) of Section 6B of this Act to the contrary, a person
3-5 may not serve a total of more than eight years, whether or not
3-6 consecutive, on a board subject to this subsection, except as a
3-7 holdover pending the qualification of a successor, and may not be
3-8 appointed to the board or as chairman if, at the end of the term
3-9 for which the person is being considered, the person's service
3-10 would exceed this requirement.
3-11 SECTION 4. Section 6F(a), Chapter 141, Acts of the 63rd
3-12 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
3-13 Civil Statutes), is amended to read as follows:
3-14 (a) This section applies only to those authorities in which
3-15 the principal city has a population of fewer than 750,000 persons
3-16 according to the last preceding federal census and that was
3-17 confirmed at a tax election before July 1, 1985 [in which the rate
3-18 of the sales and use tax exceeds one half of one percent].
3-19 SECTION 5. Section 6I(a), Chapter 141, Acts of the 63rd
3-20 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
3-21 Civil Statutes), is amended to read as follows:
3-22 (a) The board of an authority in which the principal city
3-23 has a population of less than 750,000 [300,000], according to the
3-24 most recent federal census, may establish advisory committees to
3-25 make recommendations to the board or general manager about the
4-1 operation of the authority.
4-2 SECTION 6. Sections 12(e) and (f), Chapter 141, Acts of the
4-3 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
4-4 Texas Civil Statutes), as added by Chapters 149 and 618, Acts of
4-5 the 71st Legislature, Regular Session, 1989, are amended to read as
4-6 follows:
4-7 (e) The board of an authority in which the principal city
4-8 has a population of less than 750,000 [300,000] or more than
4-9 1,200,000, according to the most recent federal census, shall
4-10 employ a general manager to administer the daily operations of the
4-11 authority. The general manager may employ persons to conduct the
4-12 affairs of the authority and may prescribe their duties and
4-13 compensation, subject to board approval of the budget of the
4-14 authority and in accordance with personnel policies adopted by the
4-15 board. Subject to those policies, only the general manager may
4-16 remove any employee. The general manager may, subject to approval
4-17 of the board, contract with individuals, partnerships,
4-18 corporations, or other entities to perform work or provide
4-19 materials for the authority.
4-20 (f) The board of an authority in which the principal city
4-21 has a population of less than 750,000 [300,000] or more than
4-22 1,200,000, according to the most recent federal census, shall
4-23 develop and implement policies that clearly define the respective
4-24 responsibilities of the board and the staff of the authority.
4-25 SECTION 7. Section 12B(a), Chapter 141, Acts of the 63rd
5-1 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
5-2 Civil Statutes), is amended to read as follows:
5-3 (a) Subsections (d) and (e) of this [This] section apply
5-4 [applies] to each authority that was confirmed at a tax election
5-5 under Section 5 of this Act before July 1, 1985, other than an
5-6 authority that is authorized under Subsection (e) of Section 6C of
5-7 this Act to include regional economic development facilities in its
5-8 station or terminal complex. Subsections (b) and (c) of this
5-9 section apply to each authority whose principal city has a
5-10 population of more than 1,200,000, according to the most recent
5-11 federal census.
5-12 SECTION 8. Section 12E, Chapter 141, Acts of the 63rd
5-13 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
5-14 Civil Statutes), is amended to read as follows:
5-15 Sec. 12E. AUDIT REQUIREMENTS FOR CERTAIN AUTHORITIES. The
5-16 board of an authority in which the principal city has a population
5-17 of less than 750,000 [300,000], according to the most recent
5-18 federal census, shall deliver a copy of the report of an audit
5-19 performed under Section 12 of this Act to the governor, the
5-20 lieutenant governor, the speaker of the house of representatives,
5-21 and the presiding officer of the governing body of each county and
5-22 municipality having territory included within the authority. The
5-23 board also shall deliver a copy of the report of the audit to the
5-24 state auditor for review and comment. The state auditor shall file
5-25 any comments relating to the authority's audit with the Legislative
6-1 Audit Committee and the board of the authority. The state auditor
6-2 may examine any work papers from the audit or audit the financial
6-3 transactions of the authority if the state auditor determines that
6-4 the audit is necessary.
6-5 SECTION 9. Section 12F(a), Chapter 141, Acts of the 63rd
6-6 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
6-7 Civil Statutes), is amended to read as follows:
6-8 (a) The board of an authority in which the principal city
6-9 has a population of less than 750,000 [300,000], according to the
6-10 most recent federal census, shall contract with a firm to conduct a
6-11 performance audit of the authority. A contracting firm under this
6-12 section must have experience in reviewing the performance of
6-13 transit agencies. A performance audit is required to be conducted
6-14 under this section every four years.
6-15 SECTION 10. Chapter 141, Acts of the 63rd Legislature,
6-16 Regular Session, 1973 (Article 1118x, Vernon's Texas Civil
6-17 Statutes), is amended by adding Section 12G to read as follows:
6-18 Sec. 12G. RETIREMENT PROGRAMS. (a) This section applies
6-19 only to an authority confirmed at a tax election before July 1,
6-20 1985, and in which the principal city has a population of less than
6-21 750,000, according to the most recent federal census.
6-22 (b) In this section "retirement program" means a program
6-23 within the definition of "public retirement system" in Section
6-24 801.001, Government Code.
6-25 (c) The authority may establish one or more retirement
7-1 programs for its employees and determine the benefits, funding
7-2 sources and amounts, and administration of the programs, within the
7-3 applicable requirements of Chapter 802, Government Code. The
7-4 authority may provide for administration of a retirement program by
7-5 a private provider of public retirement benefits.
7-6 (d) The authority shall, for each of the authority's
7-7 retirement programs, file all reports with the State Pension Review
7-8 Board required by Chapter 802, Government Code.
7-9 SECTION 11. Section 14, Chapter 141, Acts of the 63rd
7-10 Legislature, Regular Session, 1973 (Article 1118x, Vernon's Texas
7-11 Civil Statutes), is amended by amending Subsection (c), as added by
7-12 Chapter 1189, Acts of the 71st Legislature, Regular Session, 1989,
7-13 and by adding Subsection (h) to read as follows:
7-14 (c)(1) The board may not purchase or lease after September
7-15 1, 1991, any motor vehicle unless that vehicle is capable of using
7-16 compressed natural gas or other alternative fuels which result in
7-17 comparably lower emissions of oxides of nitrogen, volatile organic
7-18 compounds, carbon monoxide, or particulates or any combination
7-19 thereof.
7-20 (2) The authority may acquire or be provided equipment
7-21 or refueling facilities necessary to operate such vehicles using
7-22 compressed natural gas or other alternative fuels:
7-23 (A) by purchase or lease as authorized by law;
7-24 (B) by gift or loan of the equipment or
7-25 facilities; or
8-1 (C) by gift or loan of the equipment or
8-2 facilities or other arrangement pursuant to a service contract for
8-3 the supply of compressed natural gas or other alternative fuels.
8-4 (3) If such equipment or facilities are donated,
8-5 loaned, or provided through other arrangement with the supplier of
8-6 compressed natural gas or other alternative fuels, the supplier
8-7 shall be entitled to recoup its actual cost of donating, loaning,
8-8 or providing the equipment or facilities through its fuel charges
8-9 under the supply contract.
8-10 (4) The board or, in an authority covered by
8-11 Subsection (h) of this section, the Texas Air Control Board, may
8-12 make exceptions to the requirements of this subsection if the board
8-13 certifies that:
8-14 (A) the authority's vehicles will be operating
8-15 primarily in an area in which neither the authority nor a supplier
8-16 has or can reasonably be expected to establish a central refueling
8-17 station for compressed natural gas or other alternative fuels; or
8-18 (B) the authority is unable to acquire or be
8-19 provided equipment or refueling facilities necessary to operate
8-20 vehicles using compressed natural gas or other alternative fuels at
8-21 a projected cost that is reasonably expected to result in no
8-22 greater net costs than the continued use of traditional gasoline or
8-23 diesel fuels measured over the expected useful life of the
8-24 equipment or facilities supplied.
8-25 (h)(1) This subsection applies only to an authority
9-1 confirmed at a tax election before July 1, 1985, and in which the
9-2 principal city has a population of less than 750,000, according to
9-3 the most recent federal census.
9-4 (2) The Texas Air Control Board may reduce any
9-5 percentage specified by, or waive the requirements of, Subsection
9-6 (d) of this section for an authority on receipt of certification
9-7 supported by evidence acceptable to the Texas Air Control Board
9-8 that:
9-9 (A) the authority's vehicles will be operating
9-10 primarily in an area in which neither the authority nor a supplier
9-11 has or can reasonably be expected to establish a central refueling
9-12 station for compressed natural gas or other alternative fuels; or
9-13 (B) the authority is unable to acquire or be
9-14 provided equipment or refueling facilities necessary to operate
9-15 vehicles using compressed natural gas or other alternative fuels at
9-16 a projected cost that is reasonably expected to result in no
9-17 greater net costs than the continued use of traditional gasoline or
9-18 diesel fuels measured over the expected useful life of the
9-19 equipment or facilities supplied.
9-20 (3) The Texas Air Control Board shall develop rules
9-21 for the certification process, including provisions requiring the
9-22 authority to hold a public meeting and develop an alternative
9-23 implementation schedule for meeting the percentages provided by
9-24 Subsection (d) of this section before applying to the Texas Air
9-25 Control Board for a reduction or waiver of those requirements.
10-1 SECTION 12. (a) This section applies only to a
10-2 metropolitan transit authority confirmed at a tax election before
10-3 July 1, 1985, and whose largest city has a population of less than
10-4 750,000, according to the most recent federal census.
10-5 (b) If the effective date of this Act is before June 30,
10-6 1997, the terms of the members of the board of the authority
10-7 serving immediately preceding June 30, 1997, expire on June 30,
10-8 1997. If the effective date of this Act is after June 30, 1997,
10-9 the terms of the members of the board of the authority serving on
10-10 the effective date expire on that effective date.
10-11 (c) The governing body of the municipality with the greatest
10-12 population in the authority shall appoint to the board two members
10-13 to terms expiring on June 30, 1998, and three members to terms
10-14 expiring on June 30, 1999.
10-15 (d) The mayors of all incorporated municipalities in the
10-16 authority other than the municipality with the greatest population
10-17 shall jointly appoint to the board one member to a term expiring on
10-18 June 30, 2000.
10-19 (e) The commissioners court of the county containing the
10-20 largest part of the area of the municipality having the greatest
10-21 population in the authority shall appoint to the board one member
10-22 to a term expiring on June 30, 1999.
10-23 (f) As soon as possible after the effective date of this
10-24 Act, the authority shall request an advisory opinion from the
10-25 United States Department of Labor on whether the authority's
11-1 deferred compensation plan is subject to federal law administered
11-2 by that agency. If the United States Department of Labor
11-3 determines that the authority's deferred compensation plan is
11-4 subject to federal law administered by the United States Department
11-5 of Labor, the authority shall comply with the federal law. The
11-6 authority shall send a copy of the advisory opinion to the State
11-7 Pension Review Board.
11-8 (g) The first performance audit required by this Act shall
11-9 be conducted and copies of the first report of a performance audit
11-10 and transit authority response required by this Act shall be
11-11 delivered before February 1, 1998.
11-12 (h) Action taken before the effective date of this Act by
11-13 the board of an authority may not be held invalid on the ground
11-14 that the action was taken at a time when the members of the board
11-15 served or were authorized under color of law to serve terms of four
11-16 years.
11-17 SECTION 13. The importance of this legislation and the
11-18 crowded condition of the calendars in both houses create an
11-19 emergency and an imperative public necessity that the
11-20 constitutional rule requiring bills to be read on three several
11-21 days in each house be suspended, and this rule is hereby suspended,
11-22 and that this Act take effect and be in force from and after its
11-23 passage, and it is so enacted.