78(R) HB 3343 - House Committee Report version


                                                                                



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

Substitute the following for H.B. No. 3343:                                   

By:  Edwards                                                  C.S.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.  Amend Section 455.004, Transportation Code, 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.  Chapter 455.0015, Transportation Code, is 
amended by adding subsection (c) to read as follows:
	(c)  The Texas Department of Health and the Health and Human 
Services Commission shall contract with the department for the 
department to assume all responsibilities of the Texas Department 
of Health and the Health and Human Services Commission relating to 
the provision of transportation services.
	SECTION 4.  Subsection (b), Section 301.063, Labor Code, is 
amended by adding Subdivision (5) to read as follows:
	(b)  In administering this title the commission and 
executive director shall:
		(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.
	SECTION 5.  Section 40.002, Human Resources Code, is amended 
by adding Subsection (f) to read as follows:
	(f)  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.
	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.
	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.
	SECTION 8.  Section 101.0256, Human Resources Code, is 
amended by renumbering the existing text as (a) and adding 
subsection (b) to read as follows:
	(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.
	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.
	SECTION 10.  Subsection (a), Section 461.012, Health and 
Safety Code, is amended by adding Subdivision (19) to read as 
follows:
	(a)  The commission shall:                                                     
		(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.
	SECTION 11.  Section 533.012, Health and Safety Code, is 
amended by renumbering the existing text as (a) and adding 
subsection (b) to read as follows:
	(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.
	SECTION 12.  No later than January 1, 2005, the department 
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.  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.