78(R) HB 3343 - Introduced version


                                                                                


By:  Wohlgemuth                                                   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 has generated inefficiencies, 
overlaps in service, and confusion.  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, to marshal the state's efforts to 
reduce air pollution in major metropolitan areas, and to enable 
public transportation providers to share resources and costs in the 
public interest.
	(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.
		(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 from any governmental entity.  It 
includes service provided by trains, trolleys, taxicabs, 
commercial buses, special buses for the transportation of disabled 
persons, intercity buses, and school buses.  It does not include 
intercity rail service, commercial air transportation, water 
transportation, or direct 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 transportation services.
	(b)  The commission by rule may establish consistent 
accounting standards to be used by public transportation providers.
	(c)  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.
	(d)  The commission shall adopt other rules as necessary to 
implement this chapter.
	Sec. 461.004.  DUTIES OF THE TEXAS DEPARTMENT OF 
TRANSPORTATION.  (a)  The department shall identify overlaps in the 
provision of public transportation services, 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 
transportation provider for the department to provide or 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 geographic 
areas, routes, and categories of customers.  The department may 
incorporate these discussions in existing planning processes, 
including the Statewide Transportation Improvement Program or 
local Transportation Improvement Plans.  An agreed-upon allocation 
must be filed with the department in a form to be determined by the 
department.
	(b)  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.
	(c)  The department may issue forms to be used by public 
transportation providers in making reports to the department.
	Sec. 461.006.  DUTIES OF PUBLIC TRANSPORTATION PROVIDERS.  
(a)  Public transportation providers shall cooperate with the 
department in eliminating waste and ensuring efficiency and maximum 
coverage in the provision of public transportation services.
	(b)  At the request of the department, public transportation 
providers shall agree on the allocation of geographic areas, 
routes, and categories of customers to eliminate waste and maximize 
efficiency and shall fully implement any agreement, subject to 
direction from the department.
	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.  Chapter 455.0015, Transportation Code, is 
amended by adding subsection (c) to read as follows:
	(c)  The Texas Department of Health shall contract with the 
department for the department to assume all responsibilities of the 
Texas Department of Health relating to the provision of 
transportation services.
	SECTION 3.  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 4.  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 5.  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 6.  Section 91.021, Human Resources Code, is amended 
by adding subsection (g) 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 7.  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 8.  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 9.  Subsection (a), Section 461.012, Human 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 10.  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 11.  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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.