82R5759 TRH-F

By: Guillen H.B. No. 981

A BILL TO BE ENTITLED

AN ACT

relating to the creation of local mobility credit programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter H, Chapter 201, Transportation Code, is amended by adding Section 201.622 to read as follows:

Sec. 201.622. LOCAL MOBILITY CREDIT PROGRAMS. (a) In this section:

(1) "Excess local share credit" means an amount in excess of the local share requirement necessary for a federally financed project. The term includes:

(A) qualified land value; and

(B) transportation development credits, as described by 23 U.S.C. Section 120(j).

(2) "Federally financed project" means a transportation project that is partially financed under a federal financing program for transportation projects.

(3) "Local share requirement" means the minimum amount of money required of this state or a local entity in this state, as determined by commission rule, to match the amount of federal funds available for a federally financed project.

(4) "Planning entity" means:

(A) a metropolitan planning organization;

(B) a rural planning organization; or

(C) a department district for an area not served by a metropolitan planning organization or a rural planning organization.

(5) "Qualified mobility project" means a project:

(A) that meets all eligibility requirements under the applicable federal financing program;

(B) for which all applicable preliminary engineering, environmental assessment, and right-of-way requirements have been fulfilled;

(C) that is included in the statewide transportation improvement program and any applicable local transportation improvement plan;

(D) that increases the capacity of highways, transit systems, and railroads to carry passengers and freight; and

(E) that contributes to the air quality objectives of this state.

(b) On approval by the commission, a planning entity may create a local mobility credit program.

(c) A planning entity may:

(1) accumulate excess local share credits in an account designated for use by the local mobility credit program; and

(2) use the excess local share credits to fulfill the local share requirement for qualified mobility projects in the planning entity's jurisdiction.

(d) Unless a local mobility credit program is reauthorized by the commission:

(1) a planning organization may not authorize the use of credits under the program on or after the 10th anniversary of the date of the program's approval by the commission; and

(2) the program expires when all authorized projects are completed.

(e) Not later than December 1 of each even-numbered year, the department shall submit to the legislature and the presiding officers of the standing committees of the senate and the house of representatives that have jurisdiction over issues related to transportation a report that details:

(1) the use and success of local mobility credit programs in extending the department's authority to authorize project development;

(2) the use of excess local share credits to facilitate transit improvements;

(3) the success of local mobility credit programs in encouraging regional mobility strategies that maximize available local resources, including cash and land, to match available federal funding; and

(4) the activities and recommendations of the rulemaking advisory committee created under Subsection (f).

(f) The commission shall create and appoint not more than 11 members to a rulemaking advisory committee to consider and recommend to the commission appropriate rules to administer local mobility credit programs created under this section. The committee may be composed of representatives of:

(1) metropolitan planning organizations;

(2) rural planning organizations; and

(3) the United States Department of Transportation Federal Highway Administration.

(g) This subsection and Subsection (f) expire August 31, 2015.

SECTION 2. (a) Not later than the 60th day after the effective date of this Act, the Texas Transportation Commission shall appoint members to the rulemaking advisory committee created under Section 201.622(f), Transportation Code, as added by this Act. As soon as practicable after the committee's creation, the committee shall recommend rules to the Texas Transportation Commission.

(b) Not later than the 90th day after the date the rulemaking advisory committee recommends rules under Subsection (a) of this section, the Texas Transportation Commission shall propose rules for the administration of local mobility credit programs created under Section 201.622, Transportation Code, as added by this Act.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.