By Shields H.B. No. 3557
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 advanced transportation districts and the funding of
1-3 those districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle K, Section 451.701, Transportation Code,
1-6 is amended as follows:
1-7 (1) "Advanced transportation" means [light rail,
1-8 commuter rail], high occupancy vehicle lanes, high occupancy toll
1-9 lanes, express lanes, general purpose freeway lanes, general
1-10 purpose arterial lanes, freeway interchanges, busways, bus lanes,
1-11 bus rapid transit, fixed guideways, traffic management [monitoring]
1-12 systems, transportation improvements along public ways and other
1-13 advanced transportation facilities and services, including
1-14 planning, operating costs and management, feasibility studies, and
1-15 professional and other services in connection with those facilities
1-16 and services.
1-17 (2) "District" means an advanced transportation
1-18 district created under this subchapter.
1-19 (3) "Participating unit" mean[s] a municipality or the
1-20 unincorporated area of a county that joins a district under this
1-21 subchapter.
1-22 Sec. 451.702. Election Authorized. (a) The board of an
1-23 authority or the county commissioners court in which the
2-1 metropolitan transit authority's sales and use tax is imposed at a
2-2 rate of one-half of one percent and in which the principal
2-3 municipality has a population of more than 700,000 may order an
2-4 election to create an advanced transportation district within the
2-5 authority's boundaries and to impose a sales and use tax for
2-6 advanced transportation under this subchapter. If approved at the
2-7 election, the rate of the sales and use tax for advanced
2-8 transportation [is] may be one-fourth to one-half of one percent in
2-9 one-eighth percent increments.
2-10 (b) The entity ordering the election [board] shall provide
2-11 written notice of the [board's] intention to call an election under
2-12 Subsection (a) to the governing body of each municipality and the
2-13 commissioners court of each county any part of which is in the
2-14 authority at least 120 days before the date of the proposed
2-15 election.
2-16 (c) The entity ordering the election [authority] shall pay
2-17 the costs of the [an] election ordered by the board under this
2-18 section.
2-19 (d) At the election, the ballots shall be prepared to permit
2-20 voting for or against the proposition: "The creation of an
2-21 advanced transportation district and the imposition of a sales and
2-22 use tax for advanced transportation within the district at the rate
2-23 of of one percent."
2-24 (e) The proceeds of the sales and use tax imposed under this
2-25 section shall be used by the district in conformity with the
2-26 metropolitan transportation plan of the metropolitan planning
3-1 organization and only for advanced transportation purposes:
3-2 (1) The proceeds shall be expended as mutually agreed
3-3 by the transit authority's board and the metropolitan planning
3-4 organization's transportation steering committee;
3-5 (2) Should the transit authority and the metropolitan
3-6 planning organization's transportation steering committee fail to
3-7 reach an agreement on the expenditure of the of the sales and use
3-8 tax revenue, a panel composed of the following five representatives
3-9 of participating political jurisdictions shall decide how to manage
3-10 and disburse the tax revenues:
3-11 (A) The County Judge of the county of largest
3-12 population within the metropolitan planning organization area;
3-13 (B) The Mayor of the city of largest population
3-14 within the metropolitan planning organization area;
3-15 (C) The metropolitan planning organization
3-16 Chairman;
3-17 (D) The Chairman of the transit authority; and
3-18 (E) A representative of the participating
3-19 suburban cities.
3-20 SECTION 2. Subtitle K, Section 451.707, Transportation Code,
3-21 is amended as follows:
3-22 (a) The board of the authority, or the metropolitan planning
3-23 organization transportation steering committee shall act as the
3-24 governing body of the district and is responsible for the
3-25 management, operation, and control of the district, subject to the
3-26 approval process set out in Section 451.702(f) above.
4-1 (b) The business of the district may be [is] conducted
4-2 through its governing body, subject to the approval process set out
4-3 in Section 451.702(f) above [and by the employees of the authority
4-4 acting under the control and direction of the general manager of
4-5 the authority].
4-6 (c) The district may enter into contracts with the authority
4-7 or other private or public entities to conduct the business of the
4-8 district.
4-9 (d) Except as otherwise provided by this subchapter, the
4-10 district has the same powers of the transit authority [that called
4-11 the election creating the district] as provided by Subchapters B,
4-12 C, F, H, I, and K.
4-13 SECTION 3. This Act takes effect September 1, 2001.