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Amend CSSB 855, in SECTION 1 of the bill, in Chapter 446,
Local Government Code, by adding Subchapter H as follows:
SUBCHAPTER H. COASTAL BEND REGION
Sec. 446.351. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county that has a population of more than 300,000
and in which the principal municipality:
(1) has a population of more than 250,000; and
(2) is located wholly or partly on a barrier island
which borders the Gulf of Mexico.
Sec. 446.352. DEFINITIONS. In this subchapter:
(1) "Mobility improvement project" includes:
(A) sidewalks; and
(B) paths, lanes, ways, and trails for bicycling
or hiking and facilities related to such paths, lanes, ways, and
trails.
(2) "Transit authority" or "transportation authority"
includes a county described by Section 446.351 and the county's
principal municipality.
(3) "Principal municipality" means the municipality
with the largest population in a county.
Sec. 446.353. CALLING OF ELECTION. (a) The commissioners
court of a county to which this subchapter applies by order may call
an election on the issue of imposing one or more methods of local
option funding authorized by this chapter to:
(1) acquire, construct, develop, own, operate, and
maintain mobility improvement projects;
(2) fund operations, maintenance, capital, and debt
service expenses for mobility improvement projects; or
(3) contract with a transportation authority or
transportation provider for a purpose described by Subdivision (1)
or (2).
(b) A county commissioners court and the principal
municipality of the county may, by orders containing identical
provisions, jointly call an election on the issue described by
Subsection (a). The cost of an election called under this
subsection is shared by the county and the principal municipality
on a pro rata basis.
(c) A county commissioners court by order shall call an
election on the issue described by Subsection (a) on receipt of a
resolution requesting that the election be called that has been
adopted by the governing bodies of the principal municipality and
the second most populous municipality located in the county.
(d) A resolution under Subsection (c) must be adopted by the
governing body of each petitioning municipality by a vote of not
less than two-thirds of its membership.
(e) A county commissioners court may order an election under
this section on an issue described by Subsection (a) only after
holding a public hearing regarding the issue.
(f) The governing body of the principal municipality of a
county described by Section 446.351 may, by order adopted by a
majority vote of its membership, call an election within the
boundaries of the municipality on the issue described in Subsection
(a), the results of which only apply within the boundaries of the
municipality. The municipality may adopt the order only after
holding a public hearing regarding the issue.
(g) A principal municipality ordering an election within
the boundaries of the municipality under Subsection (f) has the
powers and responsibilities granted to a county under Subchapter B
within the boundaries of the municipality only.
(h) Before an election may be called under this section, the
metropolitan planning organization for the region in which the
county or municipality calling the election is located must certify
by majority vote that the list of proposed mobility improvement
projects included on the proposed ballot are consistent with the
organization's current long-range transportation plan.
(i) An election under this subchapter:
(1) may only be held on a uniform election date in
November or May; and
(2) may be called not more than 120 days prior to
election day.
(j) Notwithstanding Subsections (a)-(f), if either the
county commissioners court or the governing body of the principal
municipality described by Subsection (f) calls for an election, the
other entity may not call for an election under this subchapter
until the next uniform election date.
(k) Notwithstanding Subsections (a)-(f) and (j), in the
event a county commissioners court and the governing body of the
principal municipality described by Subsection (f) call an election
under this subchapter not more than 120 days prior to election day
and not less than 110 days prior to election day:
(1) each election order is deemed invalid; and
(2) no additional election may be called under this
subchapter until the next uniform election date.
Sec. 446.354. CONTENTS OF ORDER; BALLOT PROPOSITION.
(a) An order calling an election under Section 446.353 must
include the ballot proposition to be used in the election. The
ballot proposition must:
(1) list each proposed mobility improvement project to
be funded;
(2) designate each proposed method of local option
funding and the proposed rate or amount to be used to fund capital
construction of each proposed mobility improvement project or group
of projects and, if applicable, designate a separate and
corresponding proposed rate or amount for the maintenance and
operation of each proposed project or group of projects;
(3) state the estimated date or dates on which each
proposed method of local option funding is expected to expire; and
(4) if applicable, list the estimated annual
maintenance and operation expenses for each proposed mobility
improvement project or group of projects for which a rate or amount
is proposed under Subdivision (2).
(b) The ballot proposition for an election ordered under
Section 446.353(c) must include the name of each municipality
petitioning under that subsection.
Sec. 446.355. PROJECT SELECTION ADVISORY COMMITTEE. (a)
Before a county or municipality may order an election under Section
446.353 or a municipality may adopt a resolution under Section
446.353(c), the county or municipality must establish a project
selection advisory committee to recommend mobility improvement
projects and related methods of local option funding authorized by
this chapter. The composition of an advisory committee is
determined by the county or municipality that establishes the
committee. A county and principal municipality acting jointly
under Section 446.353(b) may establish and compose a joint
committee. Municipalities adopting a resolution under Section
446.353(c) may establish and compose a joint committee.
(b) Each project selection advisory committee shall:
(1) consult with:
(A) the county or municipality that establishes
the committee;
(B) the municipalities located in the county;
(C) any metropolitan planning organization for
the region in which the county is located;
(D) any regional mobility authority operating
under Chapter 370, Transportation Code, that serves the county;
(E) any transit or transportation authority
created or operating under Subtitle K, Title 6, Transportation
Code, that serves the county; and
(F) any commuter rail district operating wholly
or partially in the county;
(2) give first consideration to mobility improvement
projects of regional significance that complement or supplement the
regional transportation system; and
(3) consider the geographic location of other
state-funded or federally funded transportation projects and
mobility improvement projects so as to foster geographic equity in
the planning and development of regional projects.
Sec. 446.356. SUBSEQUENT ELECTIONS. (a) After initial
mobility improvement projects and methods of local option funding
are determined and an initial election is called under Sections
446.353 and 446.354, a project selection advisory committee may
recommend additional projects and funding, and additional
elections may be called, using the procedures described by those
sections.
(b) Notwithstanding Section 446.353, the commissioners
court of a county or the governing body of a municipality may not
call an election under this subchapter before the 11th month
following an election previously called under this subchapter.
Sec. 446.357. TRANSIT OR TRANSPORTATION AUTHORITY SERVICES
NOT AUTHORIZED. (a) A county acting under this subchapter may not
directly operate or provide passenger rail services or any service
expressly reserved by a transit authority created or operating
under Chapter 451, Transportation Code, that serves the county.
(b) This subchapter does not authorize the creation of a
transit or transportation authority.