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.