C.S.S.B. 314 78(R)    BILL ANALYSIS


C.S.S.B. 314
By: Janek
Government Reform
Committee Report (Substituted)



BACKGROUND 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,
the Texas Department of Health, the Workforce Commission, the Commission
for the Blind, the Department on Aging, and the Texas Department of Mental
Health and Mental Retardation.   

There is no single mechanism for the coordination of public transportation
services throughout the state.  The uncoordinated provision of public
transportation services by so many providers and the uncoordinated funding
of public transportation services by so many state agencies has generated
waste, inefficiency, lost opportunities and confusion for the consumer.
The lack of coordination between providers and state agencies has
contributed to both duplication and fragmentation of transportation
services.  Scarce resources are wasted when governmental entities
duplicate functions such as contract management, or fund like services
such as transportation to the same geographic and/or demographic groups.
The same lack of coordination has caused fragmentation and a lack of
adequate service in other areas.  Whether it is duplication or
fragmentation, the lack of coordination has led to waste and inefficiency
which in turn has denied the consumer, the transit rider, the highest
level of service possible. 
    
C.S.S.B. 314 proposes to eliminate waste and generate efficiencies by
allowing the Texas Transportation Commission and the Texas Department of
Transportation to coordinate statewide public transportation. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Transportation Commission in SECTION 1 (Section
461.003, Transportation Code) of this bill. 

ANALYSIS

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

CHAPTER 461. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION
Sec. 461.001. LEGISLATIVE INTENT AND CONSTRUCTION. (a) Establishes
legislative intent. 

(b) Specifies that this chapter must be liberally construed to achieve its
purposes. 

Sec. 461.002. DEFINITIONS. Defines "public transportation provider" and
"public transportation services." 

Sec. 461.003. RULES OF THE TEXAS TRANSPORTATION COMMISSION. (a) Authorizes
the Texas Transportation Commission (commission)  to adopt rules requiring
state agencies that provide public transportation services to contract
with the Texas Department of Transportation (department) to provide those
services.  Authorizes the commission to adopt rules requiring a public
transportation  provider to provide detailed information on its provision
of public transportation services. 

(b) Provides that the commission may not direct the planning or operations
of an authority created or operating under Chapters 451, 452 and 453,
except as it may pertain to health and human service transportation
programs funded by the state. 

(c) Authorizes the commission to adopt other rules as necessary to
implement the chapter including the defining of terms. 

Sec. 461.004. DUTIES OF THE TEXAS DEPARTMENT OF TRANSPORTATION.  (a)
Requires the department to identify various inefficiencies in public
transportation service. 

(b) Authorizes the department to contract with public or private
transportation providers for the provision of public transportation
services. 

Sec. 461.005.  ELIMINATION OF OVERLAPPING SERVICE. (a) Requires the
department to encourage public transportation providers to agree upon the
allocation of specific services and service areas, and allows this
coordination to take place as part of an existing planning process. 

(b) Authorizes the department to develop an interim service plan in the
absence of a locally agreedupon plan. 

(c) Authorizes the department to require vehicles used to provide public
transportation services, with the exception of those owned by authorities
created under Chapters 451, 452, or 453, Transportation Code, meet certain
emission standards.  

Sec. 461.006. DUTIES OF PUBLIC TRANSPORTATION PROVIDERS.  Requires public
transportation providers to cooperate with the department in eliminating
waste, and ensuring efficiency and maximum service. 

Sec. 461.007. INCENTIVES FOR EFFICIENCY. (a) Authorizes the commission to
increase or reduce the allocation of grant funds based on a public
transportation provider's compliance with this chapter. 

(b) Authorizes the commission, in its execution of its responsibilities
throughout the state, to consider a public transportation provider's
compliance with this chapter. 

SECTION 2.   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 the department 
for the department 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 the department to contract with any public or private
transportation provider or 
with any regional transportation broker for the provision of public
transportation services. 

SECTION 3.   Amends Section 455.004, Transportation Code, as follows:

Sec. 455.004. PUBLIC TRANSPORTATION ADVISORY COMMITTEE. (a) Requires a
Public Transportation Advisory Committee (committee) consisting of nine
members to perform certain functions including to advise the commission on
implementation of Chapter 461. 

(b) Requires the commission 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 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 commission, 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 committee to meet as requested by the commission. Deletes
the requirement for the committee to meet quarterly. 

(e) No changes to this subsection.

SECTION 4. Amends Section 461.012, Health and Safety Code, by adding
Subsection (g) to require the Texas Commission on Alcohol and Drug Abuse
(TCADA) to contract with the department for the department to assume all
responsibilities of the TCADA relating to the provision of transportation
services for clients of eligible programs. 

SECTION 5. 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
(MHMR) to contract with the department for the department to assume all
responsibilities of the MHMR 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 the department for the provision of transportation services. 

SECTION 7.  Amends Section 40.002, Human Resources Code, by adding
Subsection (f) to require the Department of Protective and Regulatory
Services to contract with the department for the provision of
transportation services. 

SECTION 8.  Amends Section 91.021, Human Resources Code, by adding
subsection (g) to require the Commission for the Blind to contract with
the department for the provision of transportation services. 

SECTION 9.  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 the department
for the department to assume all responsibilities of the Department of
Aging relating to the provision of transportation services for clients of
eligible programs. 

SECTION 10.  Amends Section 111.0525, Human Resources Code, by adding
Subsection (d) to 
require the Texas Rehabilitation Commission to contract with the
department for the department to assume all responsibilities of the
Rehabilitation Commission relating to the provision of transportation
services for clients of eligible programs. 

SECTION 11.  Amends Section 301.063, Labor Code, by adding a new
Subsection (f) to require Texas Workforce Commission to contract with the
department for the department to assume all responsibilities of the
Workforce Commission relating to the provision of transportation services
for clients of eligible programs. 

 SECTION 12.  Provides that it is the intent of the legislature that the
provision of health and 
human service transportation through the department 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 the department 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 13.  Requires any funds that are used by the department to
implement Sections 2-11 of this Act to be accounted for and budgeted
separately from other funds appropriated to that department for any other
public transportation program or budget strategy. 

SECTION 14.  Effective date.


EFFECTIVE DATE

Upon passage or September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill by furthering the intent of the
Comptroller's E-Texas HHS 3 recommendation for the "brokering" of the
Department of Health's Medical Transportation Program by calling for the
coordination of all health and human service and public transportation
services.  The substitute also modifies the original bill by adding
provisions that direct the Texas Department of Transportation and the
Texas Transportation Commission, with the advice of a public advisory
committee, to improve transportation services.