81R8101 MTB-D
 
  By: Truitt H.B. No. 9
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to local options regarding transportation and mobility
  improvement projects in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 14, Local Government Code, is
  amended by adding Chapter 446 to read as follows:
  CHAPTER 446. LOCAL OPTIONS FOR TRANSPORTATION PROJECTS
         Sec. 446.001.  SHORT TITLE.  This chapter may be cited as the
  Texas Local Option Transportation Act.
         Sec. 446.002.  DEFINITIONS. In this chapter:
               (1)  "Department" means the Texas Department of
  Transportation.
               (2)  "Metropolitan planning organization" has the
  meaning assigned by Section 472.031, Transportation Code.
         Sec. 446.003.  APPLICABILITY OF CHAPTER. This chapter
  applies only to a county:
               (1)  that is located in a region served by a
  metropolitan planning organization that serves two adjacent
  counties that each have a population of one million or more; and
               (2)  for which a regional mobility authority has been
  created under Chapter 370, Transportation Code, and in which the
  principal municipality has a population of more than 600,000.
         Sec. 446.004.  REDUCTION PROHIBITED.  (a)  A county may not
  be penalized with a reduction in traditional transportation funding
  because of the imposition of a method of local option funding under
  this chapter.
         (b)  The department may not reduce any allocation of
  traditional transportation funding to any of its districts because
  a district contains a county that imposes a method of local option
  funding under this chapter.
         Sec. 446.005.  CALLING OF ELECTION. (a)  The commissioners
  court of a county by order may call an election on the issue of
  authorizing one or more methods under Section 446.008 for one or
  more mobility or transportation improvement projects located in the
  county, including passenger rail, transit, roadway, and freight
  rail projects.
         (b)  The commissioners court shall call an election on the
  issue described by Subsection (a) on receipt of:
               (1)  a resolution requesting that the election be
  called adopted by the governing bodies of at least two
  municipalities that:
                     (A)  are located partially or completely in the
  county; and
                     (B)  contain at least 60 percent of the county's
  total population; or
               (2)  a petition requesting that the election be called
  signed by a number of registered voters of the county equal to at
  least 10 percent of the total number of votes cast in the county for
  all candidates for governor in the most recent gubernatorial
  general election.
         (c)  The commissioners court may adopt an order under this
  section only after holding a public hearing on the issue.
         Sec. 446.006.  ELECTION AND BALLOT LANGUAGE. (a) An order
  under Section 446.005 calling an election must:
               (1)  specify each proposed method authorized by this
  chapter that the county intends to use to fund a mobility or
  transportation improvement project;
               (2)  for each specified method, list the proposed rate
  or amount of the method to be used to fund capital construction of a
  mobility or transportation improvement project and, if applicable,
  a separate and corresponding proposed rate or amount for
  maintenance and operation of the project;
               (3)  list and generally describe the proposed mobility
  or transportation improvement project to be constructed with each
  specified method;
               (4)  list the estimated cost of and completion date for
  the capital construction of each proposed mobility or
  transportation improvement project;
               (5)  if more than one mobility or transportation
  improvement project is proposed, specify the sequence and order in
  which the projects will be initiated and completed; and
               (6)  list the date on which the proposed rate or amount
  for the capital construction of a mobility or transportation
  improvement project is expected to expire.
         (b)  The ballot at an election held under this section must
  be printed to permit voting for or against the proposition:
  "Authorizing ________ (insert name of county) to _______ (insert a
  general and brief description of each proposed mobility or
  transportation improvement project) and to impose a ________
  (insert each method of funding proposed for capital construction)
  at the rate or amount of ________ (insert each proposed rate or
  amount individually) for the purpose of financing the construction
  of the project and to impose a ________ (insert each method of
  funding proposed to be used exclusively for maintenance and
  operation, if applicable) at the rate or amount of ________ (insert
  proposed rate or amount) for the continuing maintenance and
  operation of the project. Construction of the project is estimated
  to be completed by the year ________ and the ________ (insert each
  method of funding proposed for capital construction) is expected to
  expire in the year _________ (list the year any bonds are expected
  to be retired)". (If more than one project is proposed on the
  ballot, insert name of the project to be completed first)_________
  will be completed first, followed by ____________ (insert name of
  project to be completed next until all projects listed on the ballot
  are listed in the order in which they will be completed).
         (c)  Section 334.025 applies to an election called under
  Section 446.005.
         (d)  An election called under Section 446.005 must be held on
  a uniform election date in May or November or on a general primary
  election date in March.
         (e)  Notwithstanding Section 446.005, the commissioners
  court of a county may not call an election under that section within
  12 months of an election previously called under that section.
         Sec. 446.007.  PROJECT SELECTION; POLITICAL SUBDIVISION
  EQUITY.  (a)  Except as provided by Subsection (b), the
  commissioners court of a county shall determine each mobility or
  transportation improvement project to be funded by a method
  authorized by this chapter.
         (b)  The commissioners court may fund a mobility or
  transportation improvement project under this chapter only if the
  project is determined to be necessary and appropriate by the
  metropolitan planning organization for the region in which the
  county is located. The commissioners court shall use best efforts
  to ensure that each project selected for inclusion on a ballot
  benefits contributing political subdivisions in approximate
  proportion to the amount of revenue collected from each method of
  local option funding in the political subdivision.
         Sec. 446.008.  METHOD OF FUNDING. (a) A proposition placed
  on a ballot under Section 446.006 may include any combination of the
  following methods of funding:
               (1)  a county tax on the sale of motor vehicle fuel, at
  a rate not to exceed 10 cents per gallon and as annually adjusted
  under Section 446.013;
               (2)  a local option mobility improvement fee, in an
  amount not to exceed $60;
               (3)  a parking regulation and management fee in the
  amount of $1 per hour per vehicle use of a parking space;
               (4)  an annual motor vehicle emissions fee based on the
  amount of pollutants released by a vehicle, not to exceed $15;
               (5)  a fee for the renewal of a driver's license issued
  to a county resident equal to the amount of the renewal fee of the
  license under Section 521.421, Transportation Code; and
               (6)  a new resident roadway impact fee, in an amount not
  to exceed $250.
         (b)  Chapter 395 does not apply to a fee imposed under
  Subsection (a).
         (c)  The local option mobility improvement fee authorized by
  Subsection (a)(2) shall be imposed on each person registering a
  motor vehicle in the county other than a person who initially
  registers a vehicle after acquiring the vehicle.
         (d)  The new resident roadway impact fee authorized by
  Subsection (a)(6) shall be imposed on each person registering a
  motor vehicle previously registered in another state or country and
  be collected at the time of registration.
         Sec. 446.009.  IMPOSITION OF METHOD OF LOCAL OPTION FUNDING;
  LOW-INCOME RELIEF. (a) If a majority of the votes cast in an
  election held under this chapter approve any method or combination
  of methods of local option funding under this chapter, the
  commissioners court of the county by order shall impose and begin
  the collection of the approved method or methods of funding before
  the 91st day after the election date.
         (b)  At a minimum, the order imposing the method or methods
  of local option funding shall specify:
               (1)  the rate or amount of the method or methods
  approved at the election; and
               (2)  the manner in which each method will be
  administered, collected, and enforced.
         (c)  A county may not impose a method of local option funding
  after bonds or other obligations are paid in full.
         (d)  Section 502.108, Transportation Code, does not apply to
  money collected under this chapter.
         (e)  For any method authorized by this chapter, the
  commissioners court, after conducting a public hearing, may by
  order establish an exemption, waiver, or partial reduction for
  individuals of low or moderate income who demonstrate significant
  financial hardship.
         (f)  A county may impose and collect a method approved at an
  election held under this chapter and may enter into a contract or
  interlocal agreement to implement the imposition or collection.
         Sec. 446.010.  LOCAL OPTION TRANSPORTATION FUND. (a) A
  county in which a method of local option funding authorized by this
  chapter is imposed by order shall establish a local option
  transportation fund.
         (b)  The county shall deposit in the fund the proceeds of any
  method imposed by the county under this chapter and any other money
  required by law to be deposited in the fund.
         (c)  The county shall establish a separate account in the
  fund for each method imposed for a mobility or transportation
  improvement project and, if applicable, a separate account for
  money to be used to fund maintenance and operations of the project.
         (d)  Money in the fund is the property of the county
  depositing the money and may be spent only on mobility or
  transportation improvement projects located in the county, except
  that the commissioners court of a county by order may authorize
  money to be spent on a project located outside the county, including
  a project located on or that serves an airport, if the court
  determines that the project benefits the region and selects the
  project under Section 446.007.
         Sec. 446.011.  USE OF MONEY IN FUND. (a) A county may use
  money in the local option transportation fund to:
               (1)  reimburse or pay the costs of planning, acquiring,
  establishing, developing, constructing, or renovating a mobility
  or transportation improvement project for which a method of local
  option funding was imposed under this chapter;
               (2)  pay the principal of, interest on, or other costs
  relating to bonds or other obligations issued by the county or to
  refund bonds, notes, or other obligations issued by a transit or
  transportation authority created or operating under Chapter 451,
  452, or 460, Transportation Code, for a mobility or transportation
  improvement project for which a method of local option funding was
  imposed under this chapter;
               (3)  refund the costs of operating or maintaining a
  mobility or transportation improvement project for which a method
  of local option funding was imposed under this chapter operated by a
  transit or transportation authority created or operating under
  Chapter 451, 452, or 460, Transportation Code; or
               (4)  enter into a contract or an interlocal agreement
  with a person, including a transportation authority or
  transportation provider, to:
                     (A)  provide mobility services for a project for
  which a method was imposed under this chapter, including passenger
  rail facilities and services; and
                     (B)  implement transportation projects, including
  roadways, for which a method was imposed under this chapter.
         (b)  The bonds or other obligations and the proceedings
  authorizing the bonds or other obligations shall be submitted to
  the attorney general for review and approval as required by Chapter
  1202, Government Code.
         (c)  The bonds or other obligations must be payable from and
  secured by the money in the local option transportation fund.
         (d)  The bonds or other obligations may mature serially or
  otherwise not more than 30 years from the date of issuance.
         (e)  The bonds or other obligations are not a debt of and do
  not create a claim for payment against the revenue or property of
  the county other than the revenue sources pledged in connection
  with a mobility or transportation improvement project for which the
  bonds are issued.
         Sec. 446.012.  TRANSIT OR TRANSPORTATION AUTHORITY SERVICES
  NOT AUTHORIZED. (a) A county, acting under this chapter, may not
  directly operate or provide passenger rail services or any service
  expressly reserved by a transit or transportation authority created
  or operating under Chapter 451, 452, or 460, Transportation Code,
  that serves the county.
         (b)  This chapter does not authorize the creation of a
  transit or transportation authority.
         Sec. 446.013.  ANNUAL RATE CHANGE ACCORDING TO PRODUCER
  PRICE INDEX. (a) In this section:
               (1)  "Producer price index" means the producer price
  index for highway and street construction published by the United
  States Department of Labor.
               (2)  "Producer price index percentage change" means the
  percentage increase or decrease, not to exceed five percent, in the
  producer price index of a given state fiscal year from the producer
  price index of the preceding state fiscal year.
         (b)  On October 1 of each year, the rate of the tax imposed
  under Section 446.008(a)(1) is increased or decreased by an amount
  that is equal to the producer price index percentage change for the
  preceding fiscal year multiplied by the rate of the tax on August 1
  of that year.
         SECTION 2.  Section 502.003(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Subsection (b) and by Chapter 446,
  Local Government Code, a political subdivision of this state may
  not require an owner of a motor vehicle to:
               (1)  register the vehicle;
               (2)  pay a motor vehicle registration fee; or
               (3)  pay an occupation tax or license fee in connection
  with a motor vehicle.
         SECTION 3.  This Act takes effect January 1, 2010.