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A BILL TO BE ENTITLED
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AN ACT
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relating to mass transit authorities |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 451, Transportation Code, is amended by |
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adding Subchapter R to read as follows: |
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SUBCHAPTER R. URBAN TRANSPORTATION AUTHORITIES |
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Sec. 451.901. DEFINITIONS. (a) In this subchapter: |
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(1) "Alternate municipality" means a municipality |
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that: |
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(A) has a population of more than 60,000; |
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(B) is located in a metropolitan area the |
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principal municipality of which has a population of more than 1.2 |
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million; and |
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(C) is not part of the territory of another |
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authority. |
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(2) "Authority" means a rapid transit authority |
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created under this chapter or under Chapter 141, Acts of the 63rd |
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Legislature, Regular Session, 1973. |
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(3) "Board" means the governing body of an authority. |
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(4) "Mass transit" means the transportation of |
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passengers and hand-carried packages or baggage of a passenger by a |
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surface, overhead, or underground means of transportation, or a |
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combination of those means, including motorbus, trolley coach, |
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rail, and suspended overhead rail transportation. The term does |
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not include taxicab transportation. |
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(5) "Metropolitan area" includes only an area in this |
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state that has a population density of not less than 250 persons for |
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each square mile and contains not less than 51 percent of the |
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incorporated territory of a municipality having a population of |
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230,000 or more. The area may contain other municipalities and the |
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suburban area and environs of other municipalities. |
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(6) "Motor vehicle" includes only a vehicle that is |
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self-propelled: |
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(A) by an internal combustion engine or motor; |
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(B) on two or more wheels; and |
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(C) over a roadway other than fixed rails and |
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tracks. |
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(7) "Principal municipality" means the municipality |
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having the largest population in a metropolitan area. |
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(8) "Transit authority system" means property: |
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(A) owned, rented, leased, controlled, operated, |
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or held for mass transit purposes by an authority; and |
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(B) situated on property of the authority for |
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mass transit purposes, including: |
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(i) for an authority created before 1980 in |
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which the principal municipality has a population of less than 1.2 |
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million, public parking areas and facilities; and |
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(ii) for an authority in which the |
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principal municipality has a population of more than 1.5 million, |
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the area in boundaries in which service is provided or supported by |
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a general sales and use tax. |
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(9) "Transportation disadvantaged" means the elderly, |
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persons with disabilities, and low-income individuals. |
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(10) "Advanced transportation district" means a |
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district created or operating under Subchapter O. |
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Sec. 451.902. LIBERAL CONSTRUCTION. This subchapter shall |
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be liberally construed to carry out its purposes. |
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Sec. 451.903. NATURE OF AUTHORITY |
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(a) Subchapter R applies to authorities created after 1985 |
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in which the principal municipality has a population of more than |
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3.3 million. |
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SECTION 2. Section 451.07, Transportation Code, is amended |
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by adding Section 451.073 to read as follows: |
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Sec. 451.073. REFERENDUM FOR RAIL PLAN; CERTAIN |
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AUTHORITIES. (a) This section applies only to an authority created |
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in 1978, in which the principal municipality has a population of 3.3 |
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million. |
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(b) The authority may hold a referendum on whether the |
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authority may expand or increase operations of a fixed rail transit |
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system. |
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(c) The notice of an election called under this section must |
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include a general description of the form of the fixed rail transit |
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system, including the general location of any proposed routes. |
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(d) If a majority of the votes cast are in favor of the |
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proposition, the authority may build and operate the system as |
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provided in the notice for the election. If less than a majority of |
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the votes cast are in favor of the proposition, the authority may |
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not expend funds of the authority to purchase, acquire, construct, |
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operate, or maintain any form of a fixed rail transit system unless |
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the system is approved by a majority of the votes cast as a |
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referendum held by the authority for that purpose. |
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SECTION 3. Section 451.058, Transportation Code, is amended |
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as follows: |
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Sec. 451.058. USE AND ACQUISITION OF PROPERTY OF OTHERS |
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SECTION 4. Section 451.059, Transportation Code, is amended |
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as follows: |
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Sec. 451.059. EMINENT DOMAIN PROCEEDINGS. |
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(a) An eminent domain proceeding by an authority in which |
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the principal municipality has a population of 3.3 million |
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initiated by the adoption by the board of a resolution that: |
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(a) (b) An eminent domain proceeding by an authority is |
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initiated by the adoption by the board of a resolution that: |
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(1) describes the property interest to be acquired by |
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the authority; |
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(2) declares the public necessity for and interest in |
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the acquisition; and |
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(3) states that the acquisition is necessary and |
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proper for the construction, extension, improvement, or |
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development of the transit authority system. |
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(b) (c) At least 30 days before the date of the adoption of a |
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resolution under Subsection (a), the board shall hold a public |
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hearing on the question of the acquisition. The hearing must be |
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held at a place convenient to the residents of the area where the |
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property to be acquired is located. |
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(c) (d) The board shall publish notice of the hearing in a |
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newspaper of general circulation in the county where the property |
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is located at least once each week for two weeks before the date of |
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the hearing. |
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(d) (e) A resolution adopted under this section is |
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conclusive evidence of the public necessity for the acquisition |
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described in the resolution and that the property interest is |
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necessary for public use. |
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(e) (f) Except as otherwise provided by this chapter, |
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Chapter 21, Property Code, applies to an eminent domain proceeding |
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by an authority. |
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SECTION 5. Section 451.054, Transportation Code, is amended |
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as follows: |
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Sec. 451.054. GENERAL POWERS OF AUTHORITY |
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SECTION 6. Section 451.056, Transportation Code, is amended |
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as follows: |
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Sec. 451.056. OPERATION OF TRANSIT AUTHORITY SYSTEM. |