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.