SRC-EPT H.B. 3343 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3343
By: Wohlgemuth (Ogden)
Infrastructure Development and Security
5/20/2003
Engrossed


DIGEST AND PURPOSE 

Public transportation services are currently provided throughout the state
by a wide array of transportation providers including regional and
metropolitan transportation authorities, municipal and county
transportation authorities, rural and small urban transit districts, and a
variety of other public and private entities.  Funding for these services
comes from a variety of sources - federal, state and local.  On the state
level alone, funding for public transportation programs is provided by
multiple state agencies including the Texas Department of Transportation
(TxDOT), the Texas Department of Health, the Texas Workforce Commission,
the Commission for the Blind, the Department on Aging, and the Texas
Department of Mental Health and Mental Retardation.   

H.B. 3343 consolidates the provision of health and human services
transportation services within TxDOT.  TxDOT will be responsible for
contracting with transportation providers to provide these services and
ensure this is done in a more efficient manner. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Transportation Commission in
SECTION 1 (Section 461.003, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle K, Title 6, Transportation Code, by adding
Chapter 461 to read as follows: 

CHAPTER 461.  STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION

Sec. 461.001.  LEGISLATIVE INTENT AND CONSTRUCTION.  (a)  Sets forth
legislative intent. 
 
(b)  Requires this chapter to be liberally construed to achieve its
purposes. 
 
Sec. 461.002.  DEFINITIONS.  Defines "public transportation provider" and
"public transportation services." 
 
Sec. 461.003.  DUTIES OF THE TEXAS TRANSPORTATION COMMISSION.  (a)
Authorizes the Texas Transportation Commission (TTC)  by rule to require
any state agency that is responsible for ensuring the delivery of public
transportation services to contract with the Texas Department of
Transportation (TxDOT) for TxDOT to assume all responsibilities of that
agency relating to the provision of those transportation services. 
 
(b)  Authorizes TTC by rule to require any public transportation provider
to provide detailed information on its provision of public transportation
services, including revenues, routes, maps, categories of customers
served, number of customers served, and equipment use and condition.
Prohibits TTC, except with regard to health and human service programs
funded by the state,  from directing the planning or operations of
authorities created under Chapter 451, 452, or 453, Transportation Code. 
 
 (c)  Requires TTC to adopt other rules as necessary to implement this
chapter, including the definition of terms as necessary for its
implementation. 
 
Sec. 461.004.  DUTIES OF THE TEXAS DEPARTMENT OF TRANSPORTATION. (a)
Requires TxDOT to identify overlaps and gaps in the provision of public
transportation services, including services that could be provided more
effectively by existing privately funded transportation resources,
underutilized equipment owned by public transportation providers, and
inefficiencies in the provision of public transportation services by any
public transportation provider. 
 
(b)  Authorizes TxDOT contract with any public or private transportation
provider for TxDOT to arrange for the provision of public transportation
services. 
 
Sec. 461.005.  ELIMINATION OF OVERLAPPING SERVICE.  (a)  Requires TxDOT,
for the purpose of eliminating waste and maximizing efficiency,  to
encourage public transportation providers to agree among themselves on the
allocation of specific services and service areas.  Authorizes TxDOT to
incorporate these discussions in existing planning processes, including
the Statewide Transportation Improvement Program or local transportation
improvement plans. 
 
(b)  Authorizes TxDOT, in the absence of an agreed-upon service plan that
furthers the purposes of this chapter, to develop an interim service plan
for that area. 
 
(c)  Authorizes TxDOT to require that all or a percentage of vehicles used
to provide public transportation services meet specified emissions
standards. Authorizes the standards to vary among geographic areas based
on the need of each area to reduce levels of air pollution.  Provides that
this subsection does not apply to an authority created under Chapter 451
or 452, Transportation Code. 
 
Sec. 461.006.  DUTIES OF PUBLIC TRANSPORTATION PROVIDERS.  Requires public
transportation providers to cooperate with TxDOT in eliminating waste and
ensuring efficiency and maximum coverage in the provision of public
transportation services. 
 
Sec. 461.007.  INCENTIVES FOR EFFICIENCY.  (a)  Authorizes TTC,
notwithstanding any other law, including laws establishing formulas for
the allocation of public transportation grants, to increase or reduce
grants to any public transportation provider based on whether that public
transportation provider is complying fully with this chapter. 
 
(b)  Authorizes TTC, notwithstanding any other law,  to consider whether
public transportation providers in a geographic area are complying fully
with this chapter in executing its other responsibilities regarding that
area. 
 
SECTION 2.  Amends Section 455.004, Transportation Code, as follows:
 
Sec. 455.004.  PUBLIC TRANSPORTATION ADVISORY COMMITTEE.  (a) Requires a
public transportation advisory committee consisting of nine members to
perform certain functions including to  advise the commission on
implementation of Chapter 461. 
  
(b)  Requires TTC to appoint members of the committee.  Requires the
membership of the committee to include four members who represent a
diverse cross-section of public transportation providers, three members
who represent a diverse cross-section of public transportation users, and
two members who represent the public.  Deletes existing text requiring the
governor, the lieutenant governor, and the speaker of the house of
representatives each to appoint three members of the committee.  Deletes
existing text requiring the appointing officers to allocate among
themselves the authority for  appointment of members with different types
of qualifications.  Deletes existing text requiring the committee to
include certain members 
 
(c)  Provides that a  member serves at the pleasure of TTC, rather than of
the officer appointing the member.  Provides that a  member is not
entitled to compensation for service on the committee but is entitled to
reimbursement for reasonable expenses the member incurs in performing
committee duties. 
 
(d)  Requires the public transportation advisory committee to meet as
requested by the commission.  Deletes the requirement for the committee to
meet quarterly. 
 
(e)  No changes to this subsection.
 
SECTION 3.  Amends Section 455.0015, Transportation Code, by amending
Subsection (b) and adding Subsections (c) and (d), as follows: 
 
(b)  Sets forth the intent of the legislature, including its intent
regarding private sector transportation resources. 
 
(c)  Requires each health and human services agency of this state to
contract with TxDOT for TxDOT to assume all responsibilities of the health
and human services agency relating to the provision of transportation
services for clients of eligible programs. 
 
(d)  Authorizes TxDOT to contract with any public or private
transportation provider or with any regional transportation broker for the
provision of public transportation services. 
 
SECTION 4.  Amends Section 301.063(b), Labor Code, to require Texas
Workforce Commission and executive director, in administering this title
to contract with TxDOT for TxDOT to assume all responsibilities of the
commission relating to the provision of transportation services for
clients of eligible programs. 
 
SECTION 5.  Amends Section 40.002, Human Resources Code, by adding
Subsection (f) to authorize the Department of Protective and Regulatory
Services to contract with TxDOT for TxDOT to assume all responsibilities
of the department relating to the provision of transportation services for
clients of eligible programs. 
 
SECTION 6.  Amends Section 22.001, Human Resources Code, by adding
Subsection (e) to require the Department of Human Services to contract
with TxDOT for TxDOT to assume all responsibilities of the department
relating to the provision of transportation services for clients of
eligible programs. 
 
SECTION 7.  Amends Section 91.021, Human Resources Code, by adding
Subsection (g) to require the Texas Commission for the Blind to contract
with TxDOT for TxDOT to assume all responsibilities of the commission
relating to the provision of transportation services for clients of
eligible programs. 
 
SECTION 8.  Amends Section 101.0256, Human Resources Code, as follows:
 
Sec. 101.0256.  COORDINATED ACCESS TO LOCAL SERVICES.  (a)  Creates this
subsection from existing text. 
 
(b)  Requires the Texas Department on Aging to contract with TxDOT for
TxDOT to assume all responsibilities of the department relating to the
provision of transportation services for clients of eligible programs. 
 
SECTION 9.  Amends Section 111.0525, Human Resources Code, by adding
Subsection (d) to require the Texas Rehabilitation Commission to contract
with TxDOT for TxDOT to assume all responsibilities of the commission
relating to the provision of transportation services for clients of
eligible programs. 
  
SECTION 10.  Amends Section 461.012(a), Health and Safety Code, to require
the Texas Commission on Alcohol and Drug Abuse to perform certain
functions including to contract with TxDOT for TxDOT to assume all
responsibilities of the commission relating to the provision of
transportation services for clients of eligible programs. 
 
SECTION 11.  Amends Section 533.012, Health and Safety Code, as follows:
 
Sec. 533.012.  COOPERATION OF STATE AGENCIES.  (a)  Created from existing
text. 
 
(b)  Requires the Texas Department of Mental Health and Mental Retardation
to contract with TxDOT for TxDOT to assume all responsibilities of the
department relating to the provision of transportation services for
clients of eligible programs. 
 
SECTION 12.  Requires TxDOT, no later than January 1, 2005, to report to
the legislature on the implementation of Chapter 461, Transportation Code,
including the effects on users of public transportation, overall service
levels, and cost effectiveness. 
 
SECTION 13.  Provides that it is the intent of the legislature that the
provision of health and human service transportation through the Texas
Department of Transportation will improve the delivery of transportation
services to clients and enhance their access to transportation services.
Provides furthermore, that it is the intent of the legislature that these
services be provided in a manner that will generate efficiencies in
operation, control costs, and permit increased levels of service.
Requires TxDOT to encourage cooperation and coordination among
transportation providers, regional transportation brokers, and actual and
potential clients in an effort to achieve the stated legislative goals. 
 
SECTION 14.  Requires any funds that are used by the Texas Department of
Transportation to implement the transportation services provided in
Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 to be accounted for and budgeted
separately from other funds appropriated to TxDOT for any other public
transportation program or budget strategy. 
 
SECTION 15.  Effective date:  upon passage or September 1, 2003.