By Solomons H.B. No. 3323
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation, organization and management powers of a
1-3 regional county transportation authority; providing for elections;
1-4 providing for a governing board; providing for procedures for
1-5 annexation of territory; authorizing the levy and collection of the
1-6 sales and use and excise tax; authorizing transit authorities to
1-7 contract with the county transportation authority.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 The Transportation Code is amended by adding a new
1-10 Chapter ___ to read as follows:
1-11 SUBCHAPTER A. CREATION OF COUNTY AUTHORITY
1-12 SECTION 1. LEGISLATIVE INTENT (a) The legislature finds
1-13 that an increasing proportion of the State's population resides in
1-14 counties adjacent to other counties that contain partial or
1-15 complete major metropolitan areas.
1-16 (b) The rapidly increasing population in counties adjacent
1-17 to these major metropolitan areas has caused a concentration of
1-18 vehicles and vehicular traffic related to commuting to and from
1-19 residences in the adjacent county to places of employment located
1-20 in major metropolitan areas.
1-21 (c) The escalating number of motor vehicles on
1-22 thoroughfares, freeways and other major arteries of transportation
1-23 has increased at a rate faster than roadway infrastructure can be
2-1 enhanced resulting in traffic congestion, delays and restricting
2-2 the speed of the vehicular traffic substantially below posted speed
2-3 limits.
2-4 (d) As a result of the increase in vehicles and related
2-5 traffic congestion, reduced mobility and speed, the motor vehicles
2-6 are emitting gases, pollutants and other irritants into the
2-7 atmosphere at a level which may adversely affect the health, safety
2-8 and welfare of the citizenry.
2-9 (e) To provide more efficient transportation, mobility and
2-10 to reduce air pollution and congestion, a suitable option to
2-11 private passenger motor vehicle must be afforded.
2-12 SECTION 2. DEFINITIONS.
2-13 SECTION 3. CREATION OF COUNTY TRANSPORTATION AUTHORITY. (a)
2-14 A county transportation authority, to provide public transportation
2-15 and transportation related services, may be created in a county
2-16 adjacent to a county with a population of more than one million.
2-17 (b) The Commissioner's Court of the county wishing to create
2-18 a county regional transportation authority may initiate the process
2-19 to create the authority by the passage of a resolution or order or
2-20 upon on receipt of a petition requesting creation of a the
2-21 authority signed by at least five percent of the registered voters
2-22 in the county.
2-23 (1) If a petition of five percent of the registered
2-24 voters is received by the county, it shall be verified by the
2-25 county clerk, consistent with the provisions of Chapter 277, Texas
2-26 Election Code, and then returned to the Commissioners Court with a
3-1 finding of verification.
3-2 (c) Upon receipt of the verified petition by the
3-3 Commissioners Court or upon passage of a resolution or ordinance
3-4 calling for the creation of the authority by the Commissioners'
3-5 Court, the Court shall schedule a public hearing within sixty days
3-6 from either the receipt of the petition or the passage of the
3-7 resolution of the order whichever occurs earlier.
3-8 (1) The Commissioners' Court shall call a public
3-9 hearing.
3-10 (2) The time and the place of the public hearing shall
3-11 be published once a week for two consecutive weeks in a newspaper
3-12 of general circulation in the county. The first publication is to
3-13 be not less than thirty days prior to the date of the hearing.
3-14 (3) Every incorporated municipality with a population
3-15 in excess of 15,000 shall be notified of the public hearing by
3-16 mailing notice of the hearing to the governing body of the city.
3-17 (d) The county Commissioners' Court shall conduct a hearing
3-18 at the time and place specified in the notice and may continue the
3-19 hearings from day to day and from time to time until it is
3-20 completed.
3-21 (1) Any interested person may appear and offer
3-22 evidence concerning the creation of the authority, operation of the
3-23 county transportation system and whether creation of the authority
3-24 would serve any public purpose or of any other facts bearing upon
3-25 the creation of the authority.
3-26 (e) After receiving evidence, testimony and discussion at
4-1 the hearing, the county Commissioners' Court may adopt a resolution
4-2 or order:
4-3 (1) designating the name of the authority;
4-4 (2) a statement that all lands within the county shall
4-5 be part of the authority including a municipality partially
4-6 therein; and
4-7 (3) that the territory is subject to the authority
4-8 based upon the results of the confirmation election.
4-9 SECTION 4. INTERIM EXECUTIVE COMMITTEE. (a) The county
4-10 Commissioners' Court and certain municipalities shall appoint an
4-11 interim executive committee for the Authority subsequent to
4-12 adopting an order or resolution.
4-13 (b) The interim executive committee shall be composed of:
4-14 (1) one member appointed by the governing board of
4-15 each city within the county that has a population within the county
4-16 in excess of 15,000.
4-17 (2) three members appointed by the Commissioners'
4-18 Court, two of whom shall reside in the unincorporated area of the
4-19 county. Three other members to be designated by the remaining
4-20 incorporated cities within the county that have a population within
4-21 the county of over 500.
4-22 (3) that selection process shall be as follows:
4-23 (A) all incorporated cities with a population
4-24 over 500 shall be afforded the opportunity to nominate one person
4-25 for the executive committee. The nomination form shall be sent to
4-26 the governing body by mail.
5-1 (B) The county judge shall receive the names
5-2 returned on the nomination form. Only those names received within
5-3 thirty days of mailing the nomination forms shall be added to the
5-4 election ballot.
5-5 (C) The ballot containing the names submitted to
5-6 the county judge by the cities with a population over 500 shall be
5-7 forwarded to each municipality. Each municipality shall be entitled
5-8 to cast one vote.
5-9 (D) The ballots shall be returned on or before
5-10 the date stated thereon to the county judge to be considered valid.
5-11 If received thereafter they shall not be counted.
5-12 (E) The county judge shall name as members of
5-13 the executive committee the three individuals with the highest
5-14 plurality vote. In the case of ties, the county judge shall select
5-15 the appropriate number from those receiving equal votes.
5-16 (F) Should three members not be authorized by
5-17 this process, the county judge shall name the balance of the
5-18 members for the interim executive committee not to exceed nine.
5-19 SECTION 5. SERVICE PLAN AND PROPOSED TAX RATE. (a) The
5-20 members of the interim executive committee shall elect from among
5-21 their number a chairman, vice chairman and secretary.
5-22 (b) The interim executive committee after its organization
5-23 shall develop a service plan and proposed tax rate.
5-24 (c) The service plan and proposed tax rate shall be
5-25 developed by the interim executive committee within one hundred and
5-26 eighty days from the first meeting of the interim executive
6-1 committee, but in no event at a date later than one year after the
6-2 first meeting of the interim executive committee.
6-3 (d) The interim executive committee shall hold at least one
6-4 regular meeting during each month for the purpose of developing a
6-5 service plan and determining a proposed tax rate.
6-6 SECTION 6. APPROVAL OF SERVICE PLAN AND TAX RATE. (a) Upon
6-7 the approval by the interim executive committee of the service plan
6-8 and tax rate, a copy thereof shall be provided to the county
6-9 commissioners' court and the governing body of each municipality
6-10 with a population in excess of 15,000.
6-11 (b) Notice of the adoption shall be published in a newspaper
6-12 of general circulation and sent to all municipalities in the county
6-13 with a population in excess of 500.
6-14 (c) Not later than sixty days after the date that the
6-15 interim executive committee approved the service plan and tax rate,
6-16 the governing body of each municipality, having territory in the
6-17 authority, may approve by resolution or order the service plan and
6-18 tax rate.
6-19 (d) A municipality that does not approve by resolution or
6-20 order the service plan and tax rate may not participate in the
6-21 service plan or the confirmation election order for the authority.
6-22 (e) The interim executive committee may not order a
6-23 confirmation election in a municipality where the governing body
6-24 has not approved the service plan and tax rate.
6-25 SECTION 7. CONFIRMATION ELECTION. (a) The interim executive
6-26 committee shall provide notice to the commissioner's court of the
7-1 need to call a confirmation election.
7-2 (b) The confirmation election shall be ordered by the
7-3 commissioner's court and by the governing body of each municipality
7-4 with a population of over 15,000 which has approved by order or
7-5 resolution the service plan and tax rate for the authority.
7-6 (c) The confirmation election shall submit to the qualified
7-7 voters of each qualifying municipality and the unincorporated area
7-8 of the County the following proposition: "Shall the creation of
7-9 the _____ County Transportation Authority be confirmed?" The
7-10 notice of the election must include a brief description of the
7-11 service plan and that an imposition of a tax to pay for the plan
7-12 must be approved by the voters of at a subsequent election.
7-13 (d) The confirmation election for the authority shall be
7-14 held on a uniform date.
7-15 SECTION 8. CONDUCT OF THE ELECTION. (a) The confirmation
7-16 election shall be conducted so that the votes are separately
7-17 tabulated and canvassed showing the results of each separate
7-18 municipality that passed a resolution or order approving the
7-19 service plan and tax rate and then the balance of the County
7-20 eligible to vote.
7-21 (b) The Interim Executive Committee shall canvass their
7-22 returns and declare the results of election separately with respect
7-23 to each designated area.
7-24 (c) The governing body of a qualified municipality shall
7-25 canvass the returns of the confirmation election ordered by the
7-26 municipality to confirm the Authority and declare the results of
8-1 the election.
8-2 (d) In each municipality or in the county where a majority
8-3 of votes were received in favor of the proposition as worded on the
8-4 ballot, the Authority is confirmed.
8-5 (e) The Authority continues, inclusive of each of those
8-6 units, except that the Authority ceases in every municipality over
8-7 15,000 that did not affirmatively vote for the proposition or in
8-8 the portion of the county which is not within the boundaries of a
8-9 confirming municipality.
8-10 (f) If no municipality or the balance of the county does not
8-11 approve of the proposition as provided on the ballot, the Authority
8-12 shall terminate and cease.
8-13 (g) If any qualified municipality voting on the proposition
8-14 casts a majority of votes in favor of the proposition or the county
8-15 does so, then the authority shall continue.
8-16 (h) If the authority continues, the interim executive
8-17 committee shall record the results in its minutes and adopt an
8-18 Order declaring: the creation of the Authority is confirmed;
8-19 stating the date of the election containing the proposition voted
8-20 on; showing the number of votes cast for or against the proposition
8-21 by each qualified city and in the balance of the county. Upon
8-22 adoption of the order confirming the authority the interim
8-23 executive committee becomes the executive committee.
8-24 (i) A certified copy of the Order shall be filed with the
8-25 Texas Department of Transportation and the Comptroller.
8-26 SECTION 9. FAILURE TO CONFIRM AUTHORITY. (a) If the
9-1 authority does not continue, the interim executive committee shall
9-2 enter an Order declaring the results of the votes cast at the
9-3 election; that the authority ceases; and the authority is
9-4 dissolved.
9-5 (b) The county and the qualifying cities for the
9-6 confirmation election shall share the expenses of the election
9-7 based proportionately upon the population of the areas where the
9-8 election was conducted.
9-9 (c) An Authority that has not been confirmed, expires on the
9-10 third anniversary of the date of the resolution or order initiating
9-11 the process to create the authority.
9-12 SUBCHAPTER B. POWER OF AUTHORITY
9-13 SECTION 1. POWERS APPLICABLE TO COUNTY TRANSPORTATION
9-14 AUTHORITY. (a) This subchapter applies only to an authority that
9-15 has been confirmed.
9-16 (b) The authority is a governmental body a corporate body,
9-17 and has perpetual succession.
9-18 (c) The authority exercises public and essential
9-19 governmental functions. The Authority's operations are governmental
9-20 and not proprietary functions for any purpose, including the
9-21 application of Chapter 101 of the Civil Practice & Remedies Code.
9-22 SECTION 2. GOVERNANCE OF AUTHORITY. (a) The executive
9-23 committee is responsible for the management, operation, and control
9-24 of the Authority and its properties.
9-25 SECTION 3. GENERAL POWER OF AUTHORITY. (a) The authority
9-26 has any and all power necessary or convenient to carry out this
10-1 chapter or effect the purpose of this chapter.
10-2 (b) An Authority may sue and be sued. An authority may not
10-3 be required to give security for costs in a suit brought or
10-4 prosecuted by the authority and may not be required to post a
10-5 supersedeas or cost bond in an appeal of a judgment.
10-6 (c) An Authority may hold, use, sell, lease, dispose of, and
10-7 acquire by any means, property and licenses, patents, rights and
10-8 other interests necessary, convenient or useful to the exercise of
10-9 any power under this chapter.
10-10 (d) An Authority may sell, lease or dispose any right,
10-11 interest, or property that is not necessary for the efficient
10-12 operation and maintenance of public transportation or at any time
10-13 surplus material or other property not needed by the authority to
10-14 carry out the powers under this chapter.
10-15 SECTION 4. POWER TO CONTRACT. (a) An Authority may contract
10-16 with any person.
10-17 (b) An Authority may accept a grant or loan from any person.
10-18 (c) An Authority may enter into any interlocal agreement or
10-19 other agreement with any municipality or other transportation or
10-20 transit entity that is consistent with and beneficial to the
10-21 service plan approved by the authority.
10-22 SECTION 5. THE OPERATION OF A PUBLIC TRANSPORTATION SYSTEM.
10-23 (a) The authority may:
10-24 (1) acquire, construct, develop, plan, own, operate
10-25 and maintain a public transportation system in the territory of the
10-26 authority including the territory of the political subdivision or
11-1 municipality partially located in the territory of the Authority;
11-2 (2) contract with a municipality, county or any
11-3 political subdivision for the Authority to provide public
11-4 transportation services outside the authority;
11-5 (3) lease all or part of the public transportation to,
11-6 or contract for the operation of all or part of the public
11-7 transportation system, by an operator;
11-8 (4) contract with a political subdivision or
11-9 governmental entity to provide public transportation services
11-10 inside the authority consistent with rules and regulations
11-11 established by the authority, including appropriate capital,
11-12 maintenance and operation or other costs specifically approved by
11-13 the authority and audited by them.
11-14 (b) The authority shall determine the routes of the public
11-15 transportation system or approve routes submitted to them.
11-16 SECTION 6. AUTHORIZATION OF TAX LEVY. (a) An Authority may
11-17 call an authorization election for the tax levy associated with the
11-18 service plan developed by the interim executive committee, or a tax
11-19 rate that has been modified by action of the executive committee,
11-20 at any time after the confirmation election which creates the
11-21 authority.
11-22 (b) The executive committee shall request an authorization
11-23 vote on a tax rate to the voters of each qualified municipality and
11-24 unincorporated area participating in the Authority. The
11-25 proposition will be worded as follows: "Shall the _____ County
11-26 Transportation Authority levy of a proposed tax not to exceed
12-1 _____, be authorized?"
12-2 (c) The election shall be conducted in the same manner as
12-3 provided for the confirmation election for the Authority with
12-4 canvassing, certification and an order confirming the resulting of
12-5 the election.
12-6 (d) Service Plan may be implemented in those qualified
12-7 cities or in the balance of county only if the qualified
12-8 municipality or the balance of county cast the majority of the
12-9 votes in favor of the authorization to levy a proposed tax by the
12-10 authority.
12-11 (e) The election to authorize a tax levy under this section
12-12 expires on the second anniversary of the adoption of the order by
12-13 the Executive Committee declaring the confirmation of the
12-14 authority.
12-15 SECTION 7. ACQUISITION OF PROPERTY. (a) The Authority may
12-16 as it is necessary or useful in the construction, repair,
12-17 maintenance or operation of the public transportation system use
12-18 any public way, including an alley.
12-19 (b) The Authority may acquire by eminent domain any interest
12-20 in real property including a fee simple interest and the use of air
12-21 or subsurface space.
12-22 (1) Right of eminent domain may not be exercised
12-23 within the boundary of a municipality without the approval of the
12-24 proposed acquisition by the city.
12-25 (2) Power of eminent domain may not be exercised by
12-26 the Authority in an unincorporated area without the approval by the
13-1 county of the proposed acquisition.
13-2 (c) The Authority may contract with the owner of the
13-3 property to allow the owner to relocate, reroute or alter the
13-4 owner's property. The Authority may pay the contractor of the
13-5 owner or provide for reimbursement to the owner of the costs
13-6 involved.
13-7 (d) Any relocation caused by the exercise of eminent domain
13-8 of the Authority shall be at the Authority's expense.
13-9 (e) The Executive Committee shall adopt a resolution
13-10 authorizing eminent domain that describes the property interest;
13-11 and, declares the public necessity for the acquisition relating to
13-12 the construction, extension, improvement or development of the
13-13 public transportation system.
13-14 (f) A resolution that meets the requirements of (e) above
13-15 and is approved by the appropriate municipal governing body or
13-16 commissioner's court is conclusive evidence of the finding of
13-17 public necessity.
13-18 (g) Chapter 21 of the Texas Property Code applies to the
13-19 eminent domain power of the Authority.
13-20 SECTION 8. JOINT USE AGREEMENT. (a) An Authority may agree
13-21 with any other public or private utility communication system,
13-22 common carrier or transportation system for: (1) joint use of the
13-23 property or fixtures of the agreeing entities; and (2) the
13-24 establishment of through routes, joint fares or transfers of
13-25 passengers between the agreeing entities.
13-26 SECTION 8. FARES AND USE FEES. (a) The Authority shall
14-1 impose reasonable and nondiscriminatory fares, tolls, charges,
14-2 rents and other forms of compensation for use of the public
14-3 transportation system. The fares shall be sufficient to produce
14-4 revenue, which together with tax, revenue and any grants received
14-5 by the Authority, are of an amount: (1) adequate to pay annually
14-6 the operation and maintenance expenses of the public transportation
14-7 system; (2) to pay as due the principal and interest on all bonds
14-8 issued by the Authority, which are payable in whole or part from
14-9 Authority revenue received and any sinking fund or reserve fund
14-10 payments; and (3) fulfill the terms of any other agreement with
14-11 the holders of bonds issued by the authority.
14-12 (b) The fares for passenger transportation may be set
14-13 according to a zone system or by any other classification which the
14-14 Authority determines is reasonably related to cost of the system
14-15 use.
14-16 (c) This section does not limit the State's power to
14-17 regulate taxes imposed by the Authority. The State agrees not to
14-18 alter permission granted under this section to the Authority to
14-19 impose taxes, fares, tolls, charges, rents and other revenues
14-20 sufficient to pay obligations incurred.
14-21 (d) State agrees not to impair the rights and remedies of an
14-22 Authority bondholder until the principal and interest on the bond,
14-23 interest on unpaid installments, cost and expenses in connection
14-24 with an action or proceeding by or on behalf of a bondholder, are
14-25 discharged.
14-26 SECTION 9. INSURANCE. (a) The Authority may insure through
15-1 purchased insurance policies or self insurance programs, or both,
15-2 the legal liability of the Authority and of its contractors and
15-3 subcontractors relating to the acquisition, construction and
15-4 operation of the programs and facilities for: personal and
15-5 property damage; officers and employers liability.
15-6 (b) The Authority may use contracts, rating plans and risk
15-7 management programs designed to encourage accident prevention.
15-8 (c) In developing an insurance or self-insurance program the
15-9 Authority may consider the peculiar hazards, indemnity standards
15-10 and past or prospective loss and expense experience of the
15-11 Authority or similar authorities and of its contractors and
15-12 subcontractors.
15-13 SECTION 10. TAX EXEMPTION. The property revenue income of
15-14 the Authority is exempt from state and local taxes.
15-15 SECTION 11. EXEMPTION OF TRANSIT RAIL SYSTEM. (a) If the
15-16 Authority constructs, or operates or contracts with another entity
15-17 to construct, or operate a mass transit rail system, the Authority
15-18 is not subject to any state law regulating or governing the design,
15-19 construction or operation of a railroad, railway, street railway,
15-20 streetcar and urban railway.
15-21 (b) If the Authority acquires ownership of an interest in
15-22 real property, or any mass transit rail system property operating
15-23 on property previously used by a railroad, railway, street railway,
15-24 or interurban railway when transferred to the Authority is a
15-25 continuation of existing rail use.
15-26 SECTION 12. EXECUTIVE COMMITTEE. (a) An Executive Committee
16-1 member has a term of two years. Each member of the Executive
16-2 Committee is subject to reappointment as provided for in the
16-3 selection of the Interim Executive Committee, but in no instance
16-4 shall a member serve more than three terms.
16-5 (b) A vacancy in the Executive Committee is filled under the
16-6 same manner as the original appointment.
16-7 (c) To be eligible for appointment to the Executive
16-8 Committee, the person must have professional experience in
16-9 transportation, business, government, engineering or law.
16-10 (d) Members of the Executive Committee and officers and
16-11 employees of the Authority are subject to Chapter 171, Texas Local
16-12 Government Code.
16-13 (e) The Executive Committee of the Authority shall meet at
16-14 least monthly to transact business of the Authority.
16-15 (1) the presiding officer may call special meetings as
16-16 necessary;
16-17 (2) the Executive Committee by resolution shall set
16-18 the time, place and date of regular meetings;
16-19 (3) The Executive Committee adopt rules and bylaws as
16-20 necessary to conduct meetings.
16-21 (f) Five members of the Executive Committee constitute a
16-22 quorum.
16-23 (1) An action of the Executive Committee requires a
16-24 vote of a majority of the members present.
16-25 (2) The bylaws may require a more than a majority vote
16-26 for a specified authorizations.
17-1 SUBCHAPTER C. PARTICIPATION AND SERVICE PLAN
17-2 SECTION 1. ADDITION OF TERRITORY BY MUNICIPAL ANNEXATION.
17-3 (a) When a municipality that is a part of the Authority annexes
17-4 territory that before the annexation was not part of the Authority,
17-5 then the annexed territory becomes part of the Authority.
17-6 SECTION 2. ADDITION BY ELECTION. (a) Territory of a
17-7 municipality that is not initially part of the Authority may be
17-8 added to the Authority if:
17-9 (1) Any part of the municipality is located within the
17-10 territory of the Authority;
17-11 (2) The governing body of the municipality orders an
17-12 election under this section on whether the territory of the
17-13 municipality outside of the Authority should be added to the
17-14 Authority; and
17-15 (3) If a majority of the results received in the
17-16 election favor the measure, the governing body of the municipality
17-17 shall certify to the Executive Committee the result of an election
17-18 in which additional territory is approved.
17-19 SECTION 3. PARTICIPATION IN MORE THAN ONE TRANSIT AUTHORITY.
17-20 (a) A municipality that has a population of more than 500,000 and
17-21 is located in a county with a population of more than 1,000,000 may
17-22 participate in a separate transit authority.
17-23 (b) If the municipality described in (a) joins the
17-24 Authority, and a separate Transit or Transportation Authority is
17-25 created or established in a county with a population of more than
17-26 1,000,000, the municipality which had voted to participate with the
18-1 Authority and was a qualified municipality may:
18-2 (1) remain in the Authority which was originally
18-3 created
18-4 (2) join the new Authority in the county with a
18-5 population of more than 1,000,000 in which municipality is
18-6 primarily located; or
18-7 (3) participate with both Authorities.
18-8 (c) A municipality which has requested, participated in, or
18-9 received a benefit of capital improvements made by the Authority,
18-10 if it transfers to a different Authority or participates with more
18-11 than one Transit or Transportation Authority, must continue to
18-12 honor reimbursement obligations resulting from the capital
18-13 improvements of the Authority.
18-14 SECTION 4. TAX IMPOSED IN NEW TERRITORY. (a) Sales and use
18-15 tax imposed by the Authority takes effect in a territory added to
18-16 the Authority under this subchapter on the first day of the
18-17 calendar quarter that occurs after the addition of the territory.
18-18 (b) The Authority shall send a certified copy of the order
18-19 adding territory or an order canvassing the returns and declaring
18-20 the results of the election, with a map showing the territory added
18-21 to the Authority to the Comptroller. The order must include the
18-22 effective date of the tax.
18-23 SECTION 5. SERVICE PLAN. (a) A service plan developed by
18-24 the Executive Committee shall consider the following:
18-25 (1) The regional transportation plan for the county of
18-26 the Authority.
19-1 (2) Actual and projected traffic counts of private
19-2 passenger vehicles within the territory of the Authority and
19-3 projected destinations.
19-4 (3) Reasonably feasible alternative modes of public
19-5 transportation, such as: fixed guideway rail; passenger commercial
19-6 carriers or dedicated thoroughfare lanes.
19-7 (4) The most efficient collection points for passenger
19-8 use and destination or transfer points shall be located.
19-9 (A) alternative routes linking the access and
19-10 discharge points shall be created;
19-11 (B) Where right of way will be required for the
19-12 transit routes, alternate alignments using least populous areas
19-13 should be determined.
19-14 (b) Initial estimates of capital expenditures for a
19-15 functional public transportation system shall be considered:
19-16 (c) Various forms of public transportation consistent with
19-17 use of the routes determined should be evaluated.
19-18 (1) Cost per passenger per mile should be determined.
19-19 (2) Cost would include: capital expense of
19-20 acquisition of the public transportation system; costs associated
19-21 with the acquisition, improvement or modification of the transit
19-22 way; and maintenance and operating costs.
19-23 SECTION 6. MAINTENANCE AND OPERATION. (a) An administrative
19-24 overhead cost should be calculated separately.
19-25 (b) Load Factors based on surveys, interviews, or other
19-26 reasonable quantification for the modes of transportation should be
20-1 considered.
20-2 (1) A fare structure for the ridership of the public
20-3 transportation system by mode shall be estimated.
20-4 (2) Revenue from all sources, including fares, fees,
20-5 grants and debt issuance shall be compared with estimated costs and
20-6 expenses.
20-7 (3) Revenue minus expenses should be expressed as a
20-8 numerical number as well as a per rider factor for each trip or
20-9 segment thereof.
20-10 (4) Any shortfall of revenue to expense shall be
20-11 expressed in a dollar figure and a per rider figure per trip.
20-12 (5) If the service plan contemplates joint use of
20-13 other transit systems or transfer to them, estimated dates of
20-14 access should be provided.
20-15 (6) If certain segments of the service plan are more
20-16 profitable, or show a smaller deficit than others, then the plan
20-17 shall analyze segments separately in addition to a transportation
20-18 system.
20-19 SUBCHAPTER D. BONDS
20-20 SECTION 1. ISSUANCE. (a) The Authority may issues bonds at
20-21 times as determined by the executive committee;
20-22 (b) The bonds may be issued as is necessary and appropriate
20-23 for: the acquisition, construction, repair, improvement or
20-24 extension of the public transportation system for the Authority;
20-25 creating or funding self-insurance or retirement or pension fund
20-26 reserves;
21-1 (c) For purposes of the Authority, a bond also includes a
21-2 note. Any bond issued by the authority must have 20 year even
21-3 principal and interest payback;
21-4 (d) Any bond issuance that all or portion of which is
21-5 secured by pledge of sales and use tax revenues with maturity of
21-6 five years or longer from the date of issuance may not be issued by
21-7 the Authority until an election has been held and has been approved
21-8 by a majority of the votes received on the issue from a qualified
21-9 municipalities or participating entities in accord with the
21-10 provisions established for authorization of sales and use tax;
21-11 (e) The bonds of the authority are fully negotiable. The
21-12 authority may make the bonds redeemable before maturity;
21-13 (f) The bonds may be sold at a public or private sale,
21-14 whichever is financially more beneficial to the authority;
21-15 (g) The bonds of the authority are incontestable after they
21-16 are approved by the attorney general or registered by the
21-17 comptroller and sold;
21-18 (h) To secure the payment of the bonds of the authority, the
21-19 authority may pledge all or part of the revenue realized from any
21-20 tax that is approved and levied; pledge any part of the revenue
21-21 from the public transportation system; or mortgage any part of the
21-22 public transportation system;
21-23 (i) Notwithstanding the above, the authority may issue
21-24 refunding bonds at any time when the repayment savings from the
21-25 refunding bonds exceeds the cost of issuance.
21-26 SUBCHAPTER E. TAXATION
22-1 SECTION 1. SALES AND USE TAX. (a) The Executive Committee
22-2 may impose sales and use tax for use by the Authority at a rate of:
22-3 (1) one-quarter of one-percent,
22-4 (2) one-half of one-percent,
22-5 (3) three-quarters of one-percent or
22-6 (4) one-percent;
22-7 (b) The imposition of the sales and use tax must be approved
22-8 in an election and may not be imposed by a municipality or in the
22-9 balance of the county that has not confirmed the Authority;
22-10 (c) Sales and use tax may be imposed by a municipality if it
22-11 already participates in a transportation or transit plan other
22-12 than Authority, if:
22-13 (1) the combined rates of all sales and use taxes
22-14 proposed in the municipality does not exceed two-percent;
22-15 (2) in submitting the authorization for a vote within
22-16 the municipality, the ballot shall read: "The City of __________
22-17 already imposes a sales and use tax for participation in the
22-18 __________ transportation authority. The proposed sales and use
22-19 tax is solely for the benefit of, and will be dedicated to the
22-20 __________ county transportation authority."
22-21 SECTION 2. MAXIMUM TAX RATE. (a) The Authority may not
22-22 adopt a sales and use tax including a rate increase, when the tax
22-23 combined with the rates of sales and use taxes imposed by other
22-24 political subdivision having territory in the authority exceeds 2%
22-25 in any location of the authority. Any increase in the tax rate to
22-26 a higher rate must be approved by a majority of the voters at a
23-1 confirmation election as specified herein;
23-2 (b) The sales and use tax takes effect on the first day of
23-3 the first quarter after the confirmation election;
23-4 (c) The tax rate of the Authority may be lowered by order of
23-5 the Executive Committee if it is in the best interest of the
23-6 Authority;
23-7 SUBCHAPTER F. ADMINISTRATION
23-8 SECTION 1. AUDIT. (a) The Authority shall prepare an annual
23-9 audit conducted by an independent certified public accountant;
23-10 (b) The audit is a public record under Chapter 552 of the
23-11 Government Code;
23-12 (c) The Executive Committee shall receive the audit at a
23-13 regular business session and address on the record any deficiencies
23-14 noted in the report to management;
23-15 SECTION 2. FUNDING. (a) The Authority may receive grants,
23-16 donations or gifts to pay for operational costs or authorized
23-17 purposes.
23-18 (b) The Executive Committee shall develop an annual budget
23-19 consistent with its duties.
23-20 (c) The Authority may request funds for operation from
23-21 qualified municipalities, the commissioners court, or both. The
23-22 request shall be accompanied with a budget and funds appropriated
23-23 to the authority are subject to audit.
23-24 SECTION 3. PROHIBITIONS. (a) No employee, agent or person
23-25 receiving compensation from, or on behalf of, the Authority may
23-26 attempt to effect the outcome of any legislation.
24-1 (b) This section does not apply to a contested
24-2 administrative matter or pending or reasonably anticipated
24-3 litigation.
24-4 SECTION 4. EFFECTIVE DATE. This Act takes effect September
24-5 1, 2001.