|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the administration and powers of a coordinated county |
|
transportation authority. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 460.054(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) The members described by Subsection (b)(3) shall be |
|
designated as follows: |
|
(1) each municipality with a population of more than |
|
500 but less than 12,000 located in the county shall nominate one |
|
person using a nomination form sent to the governing body of the |
|
municipality by mail; |
|
(2) the county judge shall add the names on the |
|
nomination forms that are received before the 31st day after the |
|
date of the mailing of the nomination forms; |
|
(3) each municipality with a population of more than |
|
500 but less than 12,000 located in the county is entitled to cast |
|
one vote; |
|
(4) only ballots returned to the county judge on or |
|
before a predetermined date shall be counted; |
|
(5) the county judge shall designate the three persons |
|
with the highest plurality vote as members of the interim executive |
|
committee; and |
|
(6) if three members are not designated by this |
|
process, the county judge shall name the balance of the members of |
|
the interim executive committee described by Subsection (b)(3). |
|
SECTION 2. Section 460.059(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) On adoption of the order confirming the authority, the |
|
interim executive committee becomes the board of directors |
|
[executive committee] of the authority. |
|
SECTION 3. Section 460.104, Transportation Code, is amended |
|
by adding Subsection (d) to read as follows: |
|
(d) An authority may acquire rolling stock or other real or |
|
personal property under a contract or trust agreement, including a |
|
conditional sales contract, a lease, a lease-purchase agreement, or |
|
an equipment trust. |
|
SECTION 4. Sections 460.106(a) and (b), Transportation |
|
Code, are amended to read as follows: |
|
(a) An authority may call an authorization election for a |
|
tax levy associated with the service plan developed by the interim |
|
executive committee or a tax rate that has been modified by action |
|
of the authority [executive committee] at any time after the |
|
confirmation election that creates the authority. |
|
(b) The authority [executive committee] in ordering the |
|
authorization election shall submit to the qualified voters in the |
|
county located in an area participating in the authority the |
|
following proposition: |
|
"Shall the (name of authority) levy of a proposed tax, not to |
|
exceed (rate), be authorized?" |
|
SECTION 5. The heading to Subchapter D, Chapter 460, |
|
Transportation Code, is amended to read as follows: |
|
SUBCHAPTER D. PROVISIONS APPLICABLE TO BOARD OF DIRECTORS |
|
[EXECUTIVE COMMITTEE] |
|
SECTION 6. Section 460.201(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Each member of the board of directors [executive
|
|
committee] serves a term of two years. |
|
SECTION 7. Section 460.202, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 460.202. ELIGIBILITY. To be eligible for appointment |
|
to the board of directors [executive committee], a person must have |
|
professional experience in the field of transportation, business, |
|
government, engineering, or law. |
|
SECTION 8. Section 460.203, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 460.203. CONFLICTS OF INTEREST. Members of the board |
|
of directors [executive committee] and officers and employees of |
|
the authority are subject to Chapter 171, Local Government Code. |
|
SECTION 9. Sections 460.204(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) The board of directors [executive committee] shall meet |
|
at least monthly to transact the business of an authority. |
|
(c) The board of directors [executive committee] by |
|
resolution shall: |
|
(1) set the time, place, and date of regular meetings; |
|
and |
|
(2) adopt rules and bylaws as necessary to conduct |
|
meetings. |
|
SECTION 10. Section 460.205, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 460.205. QUORUM; VOTING REQUIREMENTS. (a) Five |
|
members constitute a quorum of the board of directors [executive
|
|
committee]. |
|
(b) An action of the board of directors [executive
|
|
committee] requires a vote of a majority of the members present |
|
unless the bylaws require a larger number for a specific action. |
|
SECTION 11. Section 460.302, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 460.302. ADDITION OF MUNICIPALITY BY ELECTION. (a) |
|
The territory of a municipality that is not initially part of an |
|
authority may be added to an authority if: |
|
(1) any part of the municipality is located in the |
|
territory of the authority; |
|
(2) the governing body of the municipality requests in |
|
writing that the authority call [orders] an election under this |
|
section on whether the territory of the municipality should be |
|
added to the authority, the authority calls the election, and |
|
submits to the qualified voters of the municipality the following |
|
proposition: "Shall the (name of authority) levy of a proposed tax, |
|
not to exceed (rate), be authorized?"; and |
|
(3) a majority of the votes received in the election |
|
favor the measure. |
|
(b) The governing body of the authority [municipality] |
|
shall canvass the returns, declare the result, and notify the |
|
comptroller and the department [certify to the executive committee
|
|
the result of an election in which the addition is approved]. |
|
(c) If approval by a municipality would cause the tax in a |
|
municipality that has imposed a dedicated or special-purpose sales |
|
and use tax to exceed the limit imposed under Section 460.552(a), |
|
the governing body of the municipality may request in writing that |
|
an authority call an election under this section on whether the |
|
territory of the municipality should be added with a combined |
|
ballot proposition to lower or repeal any dedicated or |
|
special-purpose sales and use tax. A combined ballot proposition |
|
under this subsection: |
|
(1) shall contain substantially the same language, if |
|
any, required by law for the lowering, repealing, raising, or |
|
adopting of each tax as appropriate; and |
|
(2) that receives a negative vote shall have no effect |
|
on either the sales tax to be lowered or repealed by the proposition |
|
or the sales tax to be raised or adopted by the proposition. |
|
(c-1) This section shall not be construed to change the |
|
substantive law of any sales tax, including the allowed maximum |
|
rate or combined rate of local sales taxes. |
|
(d) At any time after the date of an election approving the |
|
addition of a municipality under this section, the authority and |
|
the governing body of the municipality may enter into an interlocal |
|
agreement that provides for the eventual admission of the |
|
municipality to the territory of the authority and for the payment |
|
of proportional capital recovery fees as determined by the |
|
authority. The authority is not required to provide transportation |
|
services to the municipality until any capital recovery fees |
|
provided for in the agreement are paid to the authority. |
|
(e) A sales and use tax imposed by an authority takes effect |
|
in a municipality added to the authority under this section on the |
|
first day after the expiration of the first complete calendar |
|
quarter that begins after the date the comptroller receives a |
|
certified copy of an order adopted by the authority relating to the |
|
addition of the municipality or other notice of the addition of the |
|
municipality, accompanied by a map of the authority clearly showing |
|
the territory added. |
|
(f) In this section, "dedicated or special purpose sales and |
|
use tax" means a tax referred to or described by: |
|
(1) Section 4A or 4B, Development Corporation Act of |
|
1979 (Article 5190.6, Vernon's Texas Civil Statutes); |
|
(2) Section 379A.081, Local Government Code; |
|
(3) Section 363.055, Local Government Code; or |
|
(4) Section 327.003, Tax Code. |
|
SECTION 12. Section 460.304(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) Except as provided by Section 460.302(e), a [A] sales |
|
and use tax imposed by an authority takes effect in territory added |
|
to the authority under this subchapter on the first day of the first |
|
calendar quarter that begins after the addition of the territory. |
|
SECTION 13. Section 460.401, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 460.401. MANAGEMENT OF AUTHORITY. The board of |
|
directors [executive committee] is responsible for the management, |
|
operation, and control of the authority and its properties. |
|
SECTION 14. Sections 460.402(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) The [executive committee of an] authority shall have an |
|
annual audit of the affairs of the authority prepared by an |
|
independent certified public accountant. |
|
(c) On receipt of the audit prescribed by Subsection (a), |
|
the board of directors [executive committee] shall address on the |
|
record any deficiencies noted in the report at a regular meeting of |
|
the executive committee. |
|
SECTION 15. Section 460.403, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 460.403. BUDGET. The board of directors [executive
|
|
committee] shall prepare an annual budget. |
|
SECTION 16. Section 460.406, Transportation Code, is |
|
amended by amending Subsection (c) and by adding Subsection (d) to |
|
read as follows: |
|
(c) The board of directors [executive committee] may |
|
authorize the negotiation of a contract without competitive sealed |
|
bids or proposals if: |
|
(1) the aggregate amount involved in the contract is |
|
$25,000 or less; |
|
(2) the contract is for construction for which not |
|
more than one bid or proposal is received; |
|
(3) the contract is for services or property for which |
|
there is only one source or for which it is otherwise impracticable |
|
to obtain competition; |
|
(4) the contract is to respond to an emergency for |
|
which the public exigency does not permit the delay incident to the |
|
competitive process; |
|
(5) the contract is for personal or professional |
|
services or services for which competitive bidding is precluded by |
|
law; [or] |
|
(6) the contract, without regard to form and which may |
|
include bonds, notes, loan agreements, or other obligations, is for |
|
the purpose of borrowing money or is a part of a transaction |
|
relating to the borrowing of money, including: |
|
(A) a credit support agreement, such as a line or |
|
letter of credit or other debt guaranty; |
|
(B) a bond, note, debt sale or purchase, trustee, |
|
paying agent, remarketing agent, indexing agent, or similar |
|
agreement; |
|
(C) an agreement with a securities dealer, |
|
broker, or underwriter; and |
|
(D) any other contract or agreement considered by |
|
the board of directors [executive committee] to be appropriate or |
|
necessary in support of the authority's financing activities; |
|
(7) the contract is for work that is performed and paid |
|
for by the day as the work progresses; |
|
(8) the contract is for the purchase of land or a |
|
right-of-way; |
|
(9) the contract is for the purchase of personal |
|
property sold: |
|
(A) at an auction by a state licensed auctioneer; |
|
(B) at a going out of business sale held in |
|
compliance with Subchapter F, Chapter 17, Business & Commerce Code; |
|
or |
|
(C) by a political subdivision of this state, a |
|
state agency, or an entity of the federal government; |
|
(10) the contract is for services performed by blind |
|
or severely disabled persons; |
|
(11) the contract is for the purchase of electricity; |
|
or |
|
(12) the contract is one awarded for alternate project |
|
delivery under Sections 271.117-271.119, Local Government Code. |
|
(d) For the purposes of entering into a contract authorized |
|
by Subsection (c)(12), an authority is considered a "governmental |
|
entity" as defined by Section 271.111, Local Government Code. |
|
SECTION 17. Section 460.504, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 460.504. SALE. An authority's bonds may be sold at a |
|
public or private sale as determined by the board of directors |
|
[executive committee] to be the more financially beneficial. |
|
SECTION 18. Section 460.508(c), Transportation Code, is |
|
amended to read as follows: |
|
(c) The Texas [Natural Resource Conservation] Commission on |
|
Environmental Quality is not required to approve notes issued under |
|
this section. |
|
SECTION 19. Sections 460.551(a), (b), (c), and (d), |
|
Transportation Code, are amended to read as follows: |
|
(a) The board of directors [executive committee] may impose |
|
for an authority a sales and use tax at the rate of: |
|
(1) one-quarter of one percent; |
|
(2) three-eighths of one percent; |
|
(3) one-half of one percent; |
|
(4) five-eighths of one percent; |
|
(5) three-quarters of one percent; |
|
(6) seven-eighths of one percent; or |
|
(7) one percent. |
|
(b) The imposition of an authority's sales and use tax must |
|
be approved at an election conducted in the manner provided by this |
|
chapter and may not be imposed in an area that has not confirmed the |
|
authority. |
|
(c) A sales and use tax may be imposed, as prescribed by this |
|
section, by a municipality that participates in a transportation or |
|
transit authority other than an authority created under this |
|
chapter if: |
|
(1) the combined rates of all sales and use taxes |
|
imposed in the municipality does not exceed two percent; and |
|
(2) the ballot of the authorization vote for the sales |
|
and use tax reads: |
|
"(Name of city) already imposes a sales and use tax for |
|
participation in the (name of transportation or transit authority) |
|
[transportation authority]. The proposed sales and use tax is |
|
solely for the benefit of, and will be dedicated to, the (name of |
|
authority created under this chapter) [county transportation
|
|
authority]." |
|
(d) The authority shall impose a sales and use tax at a |
|
minimum uniform rate as determined by the board of directors |
|
[executive committee] if the tax is approved at an election in an |
|
area that has confirmed the authority. |
|
SECTION 20. Section 460.554, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 460.554. RATE DECREASE. The board of directors |
|
[executive committee] by order may direct the comptroller of public |
|
accounts to collect the authority's sales and use tax at a rate that |
|
is lower than the rate approved by the voters at the confirmation |
|
hearing if the board of directors [executive committee] determines |
|
that it is in the best interest of the authority. |
|
SECTION 21. Section 321.107, Tax Code, is amended to read as |
|
follows: |
|
Sec. 321.107. ADMINISTRATION OF LOCAL SALES AND USE TAXES |
|
IMPOSED BY OTHER GOVERNMENTAL ENTITIES. The imposition, |
|
computation, administration, enforcement, and collection of any |
|
local sales and use tax imposed by any other local governmental |
|
entity is governed by this chapter, except as otherwise provided by |
|
law. In this section, "other local governmental entity" includes |
|
any governmental entity created by the legislature that has a |
|
limited purpose or function, that has a defined or restricted |
|
geographic territory, and that is authorized by law to impose a |
|
local sales and use tax. The term does not include a county, county |
|
health services district, county landfill and criminal detention |
|
center district, metropolitan transportation authority, |
|
coordinated county transportation authority, economic development |
|
district, crime control district, hospital district, emergency |
|
services district, or library district. |
|
SECTION 22. Section 460.201(b), Transportation Code, is |
|
repealed. |
|
SECTION 23. (a) An election called and conducted |
|
authorizing the levy of a sales and use tax, where a majority of |
|
votes received favored the authorization of a sales and use tax levy |
|
by or for the benefit of an authority created under Chapter 460, |
|
Transportation Code, that occurred before the effective date of |
|
this Act, is validated. Any acts or proceedings of an authority are |
|
validated as of the dates they occurred. |
|
(b) This Act does not validate any governmental act or |
|
proceeding that, under the law of this state at the time the act or |
|
proceeding occurred, was a misdemeanor or a felony. |
|
SECTION 24. This Act takes effect September 1, 2007. |