Amend CSHB 300 by adding the following appropriately numbered
ARTICLE to the bill and renumbering subsequent ARTICLES
accordingly:
ARTICLE ____. REGIONAL MOBILITY AUTHORITIES
SECTION ____.01. Section 370.003, Transportation Code, is
amended by amending Subdivision (1) and adding Subdivision (9-b) to
read as follows:
(1) "Authority" means a regional mobility authority,
including a municipal mobility authority, organized under this
chapter or under Section 361.003, as that section existed before
June 22, 2003.
(9-b) "Municipal mobility authority" means a regional
mobility authority created under Section 370.031(c).
SECTION ____.02. Section 370.031(c), Transportation Code,
is amended to read as follows:
(c) A municipality that borders the United Mexican States
and has a population of 105,000 or more may [has the same authority
as a county, within its municipal boundaries, to] create and
participate in an authority. A municipality creating or
participating in an authority has the same powers and duties as a
county participating in an authority, the governing body of the
municipality has the same powers and duties as the commissioners
court of a county participating in an authority, and an elected
member of the municipality's governing body has the same powers and
duties as a commissioner of a county that is participating in an
authority. Subsections (a) and (b) do not apply to an authority
created under this subsection, and approval of the commission is
not required for the creation of an authority under this
subsection.
SECTION ____.03. Section 370.038(a), Transportation Code,
is amended to read as follows:
(a) The commission shall adopt rules that:
(1) govern the creation of an authority other than a
municipal mobility authority;
(2) govern the commission's approval of a project
under Section 370.187 and other commission approvals required by
this chapter;
(3) establish design and construction standards for a
transportation project that will connect with a highway in the
state highway system or a department rail facility;
(4) establish minimum audit and reporting
requirements and standards;
(5) establish minimum ethical standards for authority
directors and employees; and
(6) govern the authority of an authority to contract
with the United Mexican States or a state of the United Mexican
States.
SECTION ____.04. Section 370.251, Transportation Code, is
amended by amending Subsections (a), (a-1), and (j) and adding
Subsection (a-2) to read as follows:
(a) Except as provided by Subsections [Subsection] (a-1)
and (a-2), the governing body of an authority is a board of
directors consisting of representatives of each county in which a
transportation project of the authority is located or is proposed
to be located. The commissioners court of each county that
initially forms the authority shall appoint at least two directors
to the board. Additional directors may be appointed to the board
at the time of initial formation by agreement of the counties
creating the authority to ensure fair representation of political
subdivisions in the counties of the authority that will be affected
by a transportation project of the authority, provided that the
number of directors must be an odd number. The commissioners court
of a county that is subsequently added to the authority shall
appoint one director to the board. Except as provided by
Subsection (a-2), the [The] governor shall appoint one director to
the board who shall serve as the presiding officer of the board and
shall appoint an additional director to the board if an appointment
is necessary to maintain an odd number of directors on the board.
(a-1) To be eligible to serve as director of a municipal
mobility [an] authority [created by a municipality] an individual:
(1) may be a representative of an entity that also has
representation on a metropolitan planning organization in the
region where the municipality is located; and
(2) is required to be a resident of Texas regardless of
whether the metropolitan planning organization's geographic area
includes territory in another state.
(a-2) The governing body of a municipality that creates a
municipal mobility authority serves as the board of the authority,
with the presiding officer of the governing body of the
municipality serving as the presiding officer of the board.
(j) The commission may refuse to authorize the creation of
an authority if the commission determines that the proposed board
will not fairly represent political subdivisions in the counties of
the authority that will be affected by the creation of the
authority. This subsection does not apply to a municipal mobility
authority. Commission approval is not required for the proposed
board of a municipal mobility authority.
SECTION ____.05. Section 370.331, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) Except as provided by Subsection (d), an [An] authority
may not be dissolved unless the dissolution is approved by the
commission.
(d) A municipal mobility authority may not be dissolved
unless approved by the governing body of the municipality that
created the authority. A board may submit a request to the
governing body of the municipality for approval to dissolve and the
governing body of the municipality may approve the request only if:
(1) all debts, obligations, and liabilities of the
authority have been paid and discharged or adequate provision has
been made for the payment of those debts, obligations, and
liabilities;
(2) there are no suits pending against the authority,
or adequate provision has been made for the satisfaction of any
judgment, order, or decree that may be entered against it in any
pending suit; and
(3) the authority has commitments from other
governmental entities to assume jurisdiction of all authority
transportation facilities.
SECTION ____.06. Section 370.332, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Except as provided by Subsection (c), the [The]
commission by order may require an authority to dissolve if the
commission determines that the authority has not substantially
complied with the requirements of a commission rule or an agreement
between the department and the authority.
(c) The commission may not order the dissolution of a
municipal mobility authority. The governing body of a municipality
that created a municipal mobility authority may by resolution or
ordinance require an authority to dissolve if the governing body of
the municipality determines that the authority has not
substantially complied with the requirements of an agreement
between the municipality and the authority. The governing body of
the municipality may not require dissolution unless:
(1) the conditions described by Sections
370.331(d)(1) and (2) have been met; and
(2) the holders of any indebtedness have evidenced
their agreement to the dissolution.
SECTION ____.07. (a) The changes in law made by this article
to Chapter 370, Transportation Code, apply to a regional mobility
authority previously created under Section 370.031(c),
Transportation Code, and existing on the effective date of this
Act.
(b) The term of a director of a municipal mobility
authority, as that term is defined by Section 370.003(9-b),
Transportation Code, as added by this article, expires on the
effective date of this Act.