|
|
|
|
AN ACT
|
|
relating to certain mass transit entities. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subsections (e) and (f), Section 451.0611, |
|
Transportation Code, are amended to read as follows: |
|
(e) The notice required by Subsection (d)(2) may be included |
|
in a citation issued to the person under Article 14.06, Code of |
|
Criminal Procedure, or under Section 451.0612, in connection with |
|
an offense relating to the nonpayment of the appropriate fare or |
|
charge for the use of the public transportation system. |
|
(f) An offense under Subsection (d) is: |
|
(1) a Class C misdemeanor; and |
|
(2) not a crime of moral turpitude. |
|
SECTION 2. Subchapter B, Chapter 451, Transportation Code, |
|
is amended by adding Section 451.0612 to read as follows: |
|
Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN |
|
AUTHORITIES. (a) An authority confirmed before July 1, 1985, in |
|
which the principal municipality has a population of less than |
|
750,000 may employ persons to serve as fare enforcement officers to |
|
enforce the payment of fares for use of the public transportation |
|
system by: |
|
(1) requesting and inspecting evidence showing |
|
payment of the appropriate fare from a person using the public |
|
transportation system; and |
|
(2) issuing a citation to a person described by |
|
Section 451.0611(d)(1). |
|
(b) Before commencing duties as a fare enforcement officer, |
|
a person must complete a 40-hour training course approved by the |
|
authority that is appropriate to the duties required of a fare |
|
enforcement officer. |
|
(c) While performing duties, a fare enforcement officer |
|
shall: |
|
(1) wear a distinctive uniform that identifies the |
|
officer as a fare enforcement officer; and |
|
(2) work under the direction of the authority's |
|
manager of safety and security. |
|
(d) A fare enforcement officer may: |
|
(1) request evidence showing payment of the |
|
appropriate fare from passengers of the public transportation |
|
system; |
|
(2) request personal identification from a passenger |
|
who does not produce evidence showing payment of the appropriate |
|
fare on request by the officer; |
|
(3) request that a passenger leave the public |
|
transportation system if the passenger does not possess evidence of |
|
payment of the appropriate fare; and |
|
(4) file a complaint in the appropriate court that |
|
charges the person with an offense under Section 451.0611(d). |
|
(e) A fare enforcement officer may not carry a weapon while |
|
performing duties under this section. |
|
(f) A fare enforcement officer is not a peace officer and |
|
has no authority to enforce a criminal law, other than the authority |
|
possessed by any other person who is not a peace officer. |
|
SECTION 3. Subsection (c), Section 451.108, Transportation |
|
Code, is amended to read as follows: |
|
(c) A peace officer commissioned under this section, except |
|
as provided by Subsections (d) and (e), or a peace officer |
|
contracted for employment by an authority confirmed before July 1, |
|
1985, in which the principal municipality has a population of less |
|
than 750,000, may: |
|
(1) make an arrest in any county in which the transit |
|
authority system is located as necessary to prevent or abate the |
|
commission of an offense against the law of this state or a |
|
political subdivision of this state if the offense or threatened |
|
offense occurs on or involves the transit authority system; |
|
(2) make an arrest for an offense involving injury or |
|
detriment to the transit authority system; |
|
(3) enforce traffic laws and investigate traffic |
|
accidents that involve or occur in the transit authority system; |
|
and |
|
(4) provide emergency and public safety services to |
|
the transit authority system or users of the transit authority |
|
system. |
|
SECTION 4. Section 451.061, Transportation Code, is amended |
|
by amending Subsection (d) and adding Subsection (d-1) to read as |
|
follows: |
|
(d) Except as provided by Subsection (d-1), the [The] fares, |
|
tolls, charges, rents, and other compensation established by an |
|
authority in which the principal municipality has a population of |
|
less than 1.2 million may not take effect until approved by a |
|
majority vote of a committee composed of: |
|
(1) five members of the governing body of the |
|
principal municipality, selected by that governing body; |
|
(2) three members of the commissioners court of the |
|
county having the largest portion of the incorporated territory of |
|
the principal municipality, selected by that commissioners court; |
|
and |
|
(3) three mayors of municipalities, other than the |
|
principal municipality, located in the authority, selected by: |
|
(A) the mayors of all the municipalities, except |
|
the principal municipality, located in the authority; or |
|
(B) the mayor of the most populous municipality, |
|
other than the principal municipality, in the case of an authority |
|
in which the principal municipality has a population of less than |
|
300,000. |
|
(d-1) The establishment of or a change to fares, tolls, |
|
charges, rents, and other compensation by an authority confirmed |
|
before July 1, 1985, in which the principal municipality has a |
|
population of less than 750,000, takes effect immediately on |
|
approval by a majority vote of the board, except that the |
|
establishment of or a change to a single-ride base fare takes effect |
|
on the 60th day after the date the board approves the fare or change |
|
to the fare, unless the policy board of the metropolitan planning |
|
organization that serves the area of the authority disapproves the |
|
fare or change to the fare by a majority vote. |
|
SECTION 5. Section 451.071, Transportation Code, is amended |
|
by adding Subsections (g) and (h) to read as follows: |
|
(g) This section does not require the authority to hold a |
|
referendum on a proposal to enter into a contract or interlocal |
|
agreement to build, operate, or maintain a fixed rail transit |
|
system for another entity. Notwithstanding Subsection (d), the |
|
authority may spend funds of the authority to enter into a contract |
|
and operate under that contract to build, operate, or maintain a |
|
fixed rail transit system if the other entity will reimburse the |
|
authority for the funds. |
|
(h) A referendum held by a political subdivision, the |
|
authority, or an entity other than the authority at which funding is |
|
approved for a fixed rail transit system is considered to meet the |
|
requirements of Subsections (d) and (e) and Section 451.3625 if the |
|
notice for the election called by the political subdivision, the |
|
authority, or other entity contains the description required by |
|
Subsection (c). The referendum may allow for financial |
|
participation of more than one political subdivision or entity. |
|
The authority may only spend funds of the authority if the |
|
referendum authorizes that expenditure. |
|
SECTION 6. Subchapter J, Chapter 451, Transportation Code, |
|
is amended by adding Sections 451.458, 451.459, and 451.460 to read |
|
as follows: |
|
Sec. 451.458. INTERNAL AUDITOR. (a) This section applies |
|
only to an authority confirmed before July 1, 1985, in which the |
|
principal municipality has a population of less than 750,000. |
|
(b) The board shall appoint a qualified individual to |
|
perform internal auditing services for a term of five years. The |
|
board may remove the auditor only on the affirmative vote of at |
|
least three-fourths of the members of the board. |
|
(c) The auditor shall report directly to the board. |
|
Sec. 451.459. SUNSET REVIEW. (a) An authority confirmed |
|
before July 1, 1985, in which the principal municipality has a |
|
population of less than 750,000 is subject to review under Chapter |
|
325, Government Code (Texas Sunset Act), as if it were a state |
|
agency but may not be abolished under that chapter. The review |
|
shall be conducted as if the authority were scheduled to be |
|
abolished September 1, 2011. In addition, another review shall be |
|
conducted as if the authority were scheduled to be abolished |
|
September 1, 2017. The reviews conducted under this section must |
|
include an assessment of the governance, management, and operating |
|
structure of the authority and the authority's compliance with the |
|
duties and requirements placed on it by the legislature. |
|
(b) The authority shall pay the cost incurred by the Sunset |
|
Advisory Commission in performing a review of the authority under |
|
this section. The Sunset Advisory Commission shall determine the |
|
cost, and the authority shall pay the amount promptly on receipt of |
|
a statement from the Sunset Advisory Commission detailing the cost. |
|
Sec. 451.460. ANNUAL REPORT. (a) This section applies |
|
only to an authority confirmed before July 1, 1985, in which the |
|
principal municipality has a population of less than 750,000. |
|
(b) The authority shall provide an annual report to each |
|
governing body of a municipality or county in the authority |
|
regarding the status of any financial obligation of the authority |
|
to the municipality or county. |
|
SECTION 7. Section 451.5021, Transportation Code, is |
|
amended by amending Subsections (a), (b), (d), and (e) and adding |
|
Subsections (b-1), (d-1), (d-2), and (d-3) to read as follows: |
|
(a) This section applies only to the board of an authority |
|
created before July 1, 1985, in which the principal municipality |
|
has a population of less than 750,000 [in which each member of the
|
|
governing body of the principal municipality is elected at large]. |
|
(b) Members of the [The] board [is composed of seven members
|
|
who] are appointed as follows: |
|
(1) one member, who is an elected official, [two
|
|
members representing the general public] appointed by the |
|
metropolitan planning organization designated by the governor that |
|
serves the area of the authority; |
|
(2) two members, one who must be and one who may be an |
|
elected official, [two members] appointed by the governing body of |
|
the principal municipality; |
|
(3) one member appointed by the commissioners court of |
|
the principal county; |
|
(4) one member appointed by the commissioners court of |
|
the county, excluding the principal county, that has the largest |
|
population of the counties in the authority [a panel composed of the
|
|
mayors of all the municipalities in the authority located in the
|
|
principal county of the authority, excluding the mayor of the
|
|
principal municipality]; [and] |
|
(5) one member, who is an elected official, appointed |
|
by a panel composed of[:
|
|
[(A)] the mayors of all municipalities in the |
|
authority [located outside the principal county of the authority], |
|
excluding the mayor of the principal municipality; |
|
(6) one member, who has at least 10 years of experience |
|
as a financial or accounting professional, appointed by the |
|
metropolitan planning organization that serves the area in which |
|
the authority is located; |
|
(7) one member, who has at least 10 years of experience |
|
in an executive-level position in a public or private organization, |
|
including a governmental entity, appointed by the metropolitan |
|
planning organization that serves the area in which the authority |
|
is located; and |
|
(8) two members appointed by the metropolitan planning |
|
organization that serves the area in which the authority is |
|
located, if according to the most recent federal decennial census |
|
more than 35 percent of the population in the territory of the |
|
authority resides outside the principal municipality [(B)
the
|
|
county judges of the counties having unincorporated area in the
|
|
authority, excluding the county judge of the principal county; and
|
|
[(C)
the presiding officer of each municipal
|
|
utility district that:
|
|
[(i)
has a majority of its territory
|
|
located outside the principal county; and
|
|
[(ii)
is located wholly or partly in the
|
|
authority]. |
|
(b-1) Notwithstanding Section 451.505, members of the board |
|
serve staggered three-year terms, with the terms of two or three |
|
members, as applicable, expiring June 1 of each year. |
|
(d) A person appointed under Subsection (b)(1), (2) |
|
[(b)(2), (3), (4)], or (5), except as provided by Subsection |
|
(b)(2): |
|
(1) must be a member of the governing body: |
|
(A) of the political subdivision that is entitled |
|
to make the appointment; or |
|
(B) over which a member of the panel entitled to |
|
make an appointment presides; |
|
(2) vacates the office of board member if the person |
|
ceases to be a member of the governing body described by Subdivision |
|
(1); |
|
(3) serves on the board as an additional duty of the |
|
office held on the governing body described by Subdivision (1); and |
|
(4) is not entitled to compensation for serving as a |
|
member of the board. |
|
(d-1) At least two members appointed under Subsections |
|
(b)(1), (6), and (7) must be qualified voters residing in the |
|
principal municipality. |
|
(d-2) A person appointed under Subsection (b)(3) must: |
|
(1) have the person's principal place of occupation or |
|
employment in the portion of the authority's service area that is |
|
located in the principal county; or |
|
(2) be a qualified voter of the principal county. |
|
(d-3) A person appointed under Subsection (b)(4) must: |
|
(1) have the person's principal place of occupation or |
|
employment in the portion of the authority's service area that is |
|
located in the county, other than the principal county, that has the |
|
largest population of the counties in the authority; or |
|
(2) be a qualified voter of the county, other than the |
|
principal county, that has the largest population of the counties |
|
in the authority. |
|
(e) A panel appointing a member under Subsection (b)(5) |
|
[this section] operates in the manner prescribed by Section |
|
451.503. |
|
SECTION 8. Subsection (b), Section 451.505, Transportation |
|
Code, is amended to read as follows: |
|
(b) The terms of members of a board are staggered if the |
|
authority was[:
|
|
[(1)] created before 1980 and has a principal |
|
municipality with a population of less than 1.2 million[; or
|
|
[(2)
confirmed before July 1, 1985, and has a
|
|
principal municipality with a population of less than 750,000]. |
|
SECTION 9. Subsections (g) and (h), Section 451.5021, |
|
Transportation Code, are repealed. |
|
SECTION 10. (a) This section applies only to a member of |
|
the board of a metropolitan rapid transit authority created before |
|
July 1, 1985, in which the principal municipality has a population |
|
of 750,000 or less. |
|
(b) The term of a board member that is scheduled, under the |
|
law as it existed before the effective date of this Act, to expire: |
|
(1) after the effective date of this Act but before |
|
January 1, 2010, is extended to December 31, 2009; and |
|
(2) on or after January 1, 2010, expires on the date |
|
the term was scheduled to expire under this law as it existed before |
|
the effective date of this Act. |
|
(c) As soon as practicable on or after the effective date of |
|
this Act, but not later than December 31, 2009, the persons and |
|
entities specified in Section 451.5021, Transportation Code, as |
|
amended by this Act, shall appoint the members of the board in |
|
compliance with that section, as amended, to serve terms that |
|
begin, as applicable and as subject to Subsection (d) of this |
|
section: |
|
(1) January 1, 2010; or |
|
(2) the day after a term expires under Subdivision |
|
(2), Subsection (b) of this section. |
|
(d) A vacancy created because of the expiration of a term |
|
under Subsection (b) of this section is filled in the following |
|
manner: |
|
(1) for a member appointed under Subdivision (1), |
|
Subsection (b), Section 451.5021, Transportation Code, under the |
|
law as it existed before the effective date of this Act: |
|
(A) one vacancy shall be filled by the appointing |
|
person or entity specified by Subdivision (6), Subsection (b), |
|
Section 451.5021, Transportation Code, as added by this Act; and |
|
(B) one vacancy shall be filled by the appointing |
|
person or entity specified by Subdivision (7), Subsection (b), |
|
Section 451.5021, Transportation Code, as added by this Act; |
|
(2) for a member appointed under Subdivision (2), |
|
Subsection (b), Section 451.5021, Transportation Code, under the |
|
law as it existed before the effective date of this Act: |
|
(A) one vacancy shall be filled by the appointing |
|
person or entity specified by Subdivision (1), Subsection (b), |
|
Section 451.5021, Transportation Code, as amended by this Act; and |
|
(B) one vacancy shall be filled by the appointing |
|
person or entity specified by Subdivision (2), Subsection (b), |
|
Section 451.5021, Transportation Code, as amended by this Act; |
|
(3) for a member appointed under Subdivision (3), |
|
Subsection (b), Section 451.5021, Transportation Code, under the |
|
law as it existed before the effective date of this Act, the vacancy |
|
shall be filled by the appointing person or entity specified by |
|
Subdivision (3), Subsection (b), Section 451.5021, Transportation |
|
Code, as amended by this Act; |
|
(4) for a member appointed under Subdivision (4), |
|
Subsection (b), Section 451.5021, Transportation Code, under the |
|
law as it existed before the effective date of this Act, the vacancy |
|
shall be filled by the appointing person or entity specified by |
|
Subdivision (5), Subsection (b), Section 451.5021, Transportation |
|
Code, as amended by this Act; and |
|
(5) for a member appointed under Subdivision (5), |
|
Subsection (b), Section 451.5021, Transportation Code, under the |
|
law as it existed before the effective date of this Act, the vacancy |
|
shall be filled by the appointing person or entity specified by |
|
Subdivision (4), Subsection (b), Section 451.5021, Transportation |
|
Code, as amended by this Act. |
|
(e) The members of the board appointed under Subsection (c) |
|
of this section shall draw lots to determine which terms of two |
|
members expire June 1, 2011, which terms of three members expire |
|
June 1, 2012, and which terms of three members expire June 1, 2013. |
|
(f) As soon as practicable after the metropolitan planning |
|
organization specified by Subdivision (8), Subsection (b), Section |
|
451.5021, Transportation Code, as added by this Act, determines |
|
that that subdivision applies to the metropolitan rapid transit |
|
authority, the metropolitan planning organization shall appoint: |
|
(1) one member of the board of the authority for a term |
|
to expire June 1, 2011, or, if that date has passed, the following |
|
six-year anniversary of that date; and |
|
(2) one member of the board of the authority for a term |
|
to expire June 1, 2013, or, if that date has passed, the following |
|
six-year anniversary of that date. |
|
SECTION 11. This Act takes effect September 1, 2009. |
|
|
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 1263 passed the Senate on |
|
May 18, 2009, by the following vote: Yeas 31, Nays 0; |
|
May 30, 2009, Senate refused to concur in House amendment and |
|
requested appointment of Conference Committee; May 30, 2009, House |
|
granted request of the Senate; May 31, 2009, Senate adopted |
|
Conference Committee Report by the following vote: Yeas 31, |
|
Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 1263 passed the House, with |
|
amendment, on May 27, 2009, by the following vote: Yeas 147, |
|
Nays 1, one present not voting; May 30, 2009, House granted request |
|
of the Senate for appointment of Conference Committee; |
|
May 31, 2009, House adopted Conference Committee Report by the |
|
following vote: Yeas 143, Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |