By:  Wohlgemuth, Turner                                           H.B. No. 3343


A BILL TO BE ENTITLED
AN ACT
relating to the coordination of statewide public transportation by the Texas Transportation Commission and the Texas Department of Transportation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle K, Title 6, Transportation Code, is amended by adding Chapter 461 to read as follows:
CHAPTER 461. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION
Sec. 461.001. LEGISLATIVE INTENT AND CONSTRUCTION. (a) Public transportation services are provided in this state by many different entities, both public and private. The multiplicity of public transportation providers and services, coupled with the lack of coordination between state oversight agencies, has generated inefficiencies, overlaps in service, and confusion for the consumer. It is the intent of this chapter to eliminate waste in the provision of public transportation services, to generate efficiencies that will permit increased levels of service, and to further the state's efforts to reduce air pollution. (b) This chapter shall be liberally construed to achieve its purposes. Sec. 461.002. DEFINITIONS. In this chapter: (1) "Public transportation provider" means any entity that provides public transportation services if it is a governmental entity or if it receives financial assistance from a governmental entity, whether state, local, or federal. The term does not include private carriers that do not receive financial assistance from a governmental entity. It also does not include a person who provides intercity rail or bus service, commercial air transportation, water transportation, or nonstop service to or from a point located outside this state. If a person provides both public transportation services and services that are not public transportation services, that person is included within the term only with regard to the provision of public transportation services and to the extent of those public transportation services. (2) "Public transportation services" means any conveyance of passengers and their hand-carried baggage by a governmental entity or by a private entity if the private entity receives financial assistance for that conveyance from any governmental entity. It does not include intercity rail or bus service, commercial air transportation, water transportation, or nonstop service to or from a point located outside this state. Sec. 461.003. DUTIES OF THE TEXAS TRANSPORTATION COMMISSION. (a) The commission by rule may require any state agency that is responsible for ensuring the delivery of public transportation services to contract with the department for the department to assume all responsibilities of that agency relating to the provision of those transportation services. (b) The commission by rule may 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. Except with regard to health and human service programs funded by the state, the commission may not direct the planning or operations of authorities created under Chapter 451, 452, or 453, Transportation Code. (c) The commission shall 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) The department shall 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) The department may contract with any public or private transportation provider for the department to arrange for the provision of public transportation services. Sec. 461.005. ELIMINATION OF OVERLAPPING SERVICE. (a) For the purpose of eliminating waste and maximizing efficiency, the department shall encourage public transportation providers to agree among themselves on the allocation of specific services and service areas. The department may incorporate these discussions in existing planning processes, including the Statewide Transportation Improvement Program or local transportation improvement plans. (b) In the absence of an agreed-upon service plan that furthers the purposes of this chapter, the department may develop an interim service plan for that area. (c) The department may require that all or a percentage of vehicles used to provide public transportation services meet specified emissions standards. The standards may vary among geographic areas based on the need of each area to reduce levels of air pollution. This subsection does not apply to an authority created under Chapter 451 or 452, Transportation Code. Sec. 461.006. DUTIES OF PUBLIC TRANSPORTATION PROVIDERS. Public transportation providers shall cooperate with the department in eliminating waste and ensuring efficiency and maximum coverage in the provision of public transportation services. Sec. 461.007. INCENTIVES FOR EFFICIENCY. (a) Notwithstanding any other law, including laws establishing formulas for the allocation of public transportation grants, the commission may increase or reduce grants to any public transportation provider based on whether that public transportation provider is complying fully with this chapter. (b) Notwithstanding any other law, the commission may 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. Section 455.004, Transportation Code, is amended to read as follows: Sec. 455.004. PUBLIC TRANSPORTATION ADVISORY COMMITTEE. (a) A public transportation advisory committee consisting of nine members shall: (1) advise the commission on the needs and problems of the state's public transportation providers, including the methods for allocating state public transportation money; (2) comment on rules involving public transportation during development of the rules and before the commission finally adopts the rules unless an emergency requires immediate commission action; [and] (3) advise the commission on implementation of Chapter 461; and (4) [(3)] perform any other duty determined by the commission. (b) The commission shall appoint members of the committee. The membership of the committee shall 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. [governor, the lieutenant governor, and the speaker of the house of representatives each shall appoint three members of the committee. The appointing officers shall allocate among themselves the authority for appointment of members with different types of qualifications. The committee must include: [(1) one member to represent public transportation providers in rural areas; [(2) one member to represent municipal transit systems in urban areas with populations of less than 200,000; [(3) one member to represent metropolitan transit authorities in urban areas with populations of 200,000 or more; [(4) one member to represent transportation providers for persons with disabilities and the elderly; and [(5) five members who have a knowledge of and interest in public transportation to represent the general public.] (c) A member serves at the pleasure of the commission [officer appointing the member]. 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) The public transportation advisory committee shall meet [quarterly or] as requested by the commission. (e) The commission may adopt rules to govern the operation of the advisory committee. SECTION 3. Section 455.0015, Transportation Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) It is the intent of the legislature that, whenever possible, and to the maximum extent feasible, the existing network of transportation providers, and in particular the fixed route components of the existing networks, be used to meet the client transportation requirements of the state's social service agencies and their agents. The legislature recognizes the contributions of nonprofit entities dedicated to providing social services and related activities and encourages the continued community involvement of those [these] entities in this area. The legislature likewise recognizes the potential cost savings and other benefits for utilizing existing private sector transportation resources. The department will contract with and promote the use of private sector transportation resources to the maximum extent feasible consistent with the goals of this subsection. (c) Each health and human services agency of this state shall 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) The department may contract with any public or private transportation provider or with any regional transportation broker for the provision of public transportation services. SECTION 4. Section 301.063(b), Labor Code, is amended to read as follows: (b) In administering this title the commission and executive director shall: (1) cooperate with the secretary under the Social Security Act (42 U.S.C. Section 301 et seq.) to the fullest extent consistent with this title; (2) make reports in the form and containing information required by the secretary and comply with provisions the secretary finds necessary to ensure that the reports are correct and verified; (3) comply with the regulations prescribed by the secretary governing the expenditures of funds allotted and paid to the state under Title III of the Social Security Act (42 U.S.C. Section 501 et seq.) to assist in the administration of this title; [and] (4) cooperate with any official or agency of the United States having powers or duties under the Wagner-Peyser Act (29 U.S.C. Section 49 et seq.) and take all actions necessary to secure to this state the benefits of that Act and necessary to perform the commission's duties under Chapter 307; and (5) contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs. SECTION 5. Section 40.002, Human Resources Code, is amended by adding Subsection (f) to read as follows: (f) The department may contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs. SECTION 6. Section 22.001, Human Resources Code, is amended by adding Subsection (e) to read as follows: (e) The department shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs. SECTION 7. Section 91.021, Human Resources Code, is amended by adding Subsection (g) to read as follows: (g) The commission shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs. SECTION 8. Section 101.0256, Human Resources Code, is amended to read as follows: Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES. (a) The department and the Texas Department of Human Services shall develop standardized assessment procedures to share information on common clients served in a similar service region. (b) The department shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs. SECTION 9. Section 111.0525, Human Resources Code, is amended by adding Subsection (d) to read as follows: (d) The commission shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs. SECTION 10. Section 461.012(a), Health and Safety Code, is amended to read as follows: (a) The commission shall: (1) provide for research and study of the problems of chemical dependency in this state and seek to focus public attention on those problems through public information and education programs; (2) plan, develop, coordinate, evaluate, and implement constructive methods and programs for the prevention, intervention, treatment, and rehabilitation of chemical dependency in cooperation with federal and state agencies, local governments, organizations, and persons, and provide technical assistance, funds, and consultation services for statewide and community-based services; (3) cooperate with and enlist the assistance of: (A) other state, federal, and local agencies; (B) hospitals and clinics; (C) public health, welfare, and criminal justice system authorities; (D) educational and medical agencies and organizations; and (E) other related public and private groups and persons; (4) expand chemical dependency services for children when funds are available because of the long-term benefits of those services to the state and its citizens; (5) sponsor, promote, and conduct educational programs on the prevention and treatment of chemical dependency, and maintain a public information clearinghouse to purchase and provide books, literature, audiovisuals, and other educational material for the programs; (6) sponsor, promote, and conduct training programs for persons delivering prevention, intervention, treatment, and rehabilitation services and for persons in the criminal justice system or otherwise in a position to identify chemically dependent persons and their families in need of service; (7) require programs rendering services to chemically dependent persons to safeguard those persons' legal rights of citizenship and maintain the confidentiality of client records as required by state and federal law; (8) maximize the use of available funds for direct services rather than administrative services; (9) consistently monitor the expenditure of funds and the provision of services by all grant and contract recipients to assure that the services are effective and properly staffed and meet the standards adopted under this chapter; (10) make the monitoring reports prepared under Subdivision (9) a matter of public record; (11) license treatment facilities under Chapter 464; (12) use funds appropriated to the commission to carry out this chapter and maximize the overall state allotment of federal funds; (13) develop and implement policies that will provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction; (14) establish minimum criteria that peer assistance programs must meet to be governed by and entitled to the benefits of a law that authorizes licensing and disciplinary authorities to establish or approve peer assistance programs for impaired professionals; (15) adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs; (16) plan, develop, coordinate, evaluate, and implement constructive methods and programs to provide healthy alternatives for youth at risk of selling controlled substances; (17) submit to the federal government reports and strategies necessary to comply with Section 1926 of the federal Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26); reports and strategies are to be coordinated with appropriate state governmental entities; [and] (18) regulate, coordinate, and provide training for alcohol awareness courses required under Section 106.115, Alcoholic Beverage Code, and may charge a fee for an activity performed by the commission under this subdivision; and (19) contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs. SECTION 11. Section 533.012, Health and Safety Code, is amended to read as follows: Sec. 533.012. COOPERATION OF STATE AGENCIES. (a) At the department's request, all state departments, agencies, officers, and employees shall cooperate with the department in activities that are consistent with their functions. (b) The department shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs. SECTION 12. No later than January 1, 2005, the Texas Department of Transportation shall 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. 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. Furthermore, 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. The Texas Department of Transportation shall 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. 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 shall be accounted for and budgeted separately from other funds appropriated to the Texas Department of Transportation for any other public transportation program or budget strategy. SECTION 15. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.