82R7795 JAM-F

By: Wentworth, Zaffirini S.B. No. 1860

A BILL TO BE ENTITLED

AN ACT

relating to funding for transportation needs 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 616 to read as follows:

CHAPTER 616. FUNDING FOR COUNTY TRANSPORTATION NEEDS

Sec. 616.001. 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. 616.002. APPLICABILITY OF CHAPTER. This chapter applies only to a county with a population of at least 1.7 million that contains a municipality in which at least 75 percent of the county's population resides.

Sec. 616.003. REDUCTION OF TRADITIONAL TRANSPORTATION FUNDING PROHIBITED. (a) A county may not be penalized with a reduction in traditional transportation funding because of the imposition of an additional transportation funding source under this chapter.

(b) The department may not reduce any allocation of traditional transportation funding to any of its districts because of a district including a county that imposes an additional transportation funding source under this chapter.

(c) A county or another entity funding transportation in the county may not reduce traditional transportation funding because the county imposes an additional transportation funding source under this chapter.

Sec. 616.004. CALLING OF ELECTION. (a) The commissioners court of a county by order may call an election on the issue of authorizing one or more additional revenue sources in the county to:

(1) acquire, construct, develop, own, operate, and maintain passenger rail, transit, roadway, and freight rail facilities and sidewalks, hiking trails, and biking trails;

(2) fund operations, maintenance, capital, and debt service expenses for passenger rail, transit, roadways, freight rail, sidewalks, hiking trails, and biking trails; and

(3) contract with a transportation authority or transportation provider for a purpose authorized under Chapter 451, Transportation Code, including providing mobility services and implementing transportation projects except as provided by Section 616.009.

(b) The commissioners court shall call an election on the issue described by Subsection (a) on receipt of resolutions requesting that the election be called adopted by the governing body of:

(1) an advanced transportation district as defined by Subchapter O, Chapter 451, Transportation Code, or a successor to such a district, that is located partially or completely in the county; and

(2) the municipality that has the largest population in the county.

(c) The commissioners court may adopt an order under this section only after holding a public hearing on the issue.

Sec. 616.005. ELECTION ORDER. An order under Section 616.004 calling an election must:

(1) designate each additional revenue source and the proposed rate or amount of the source to be used to fund capital construction of a transportation project and, if applicable, a separate and corresponding proposed rate or amount for maintenance and operation of the project;

(2) list the proposed transportation projects and the entity responsible for construction and operation of the projects to be funded with each additional revenue source and require that the ballots for the election be prepared so that the voters are permitted to vote on each project separately;

(3) list the estimated cost of and completion date for the capital construction of each proposed transportation project;

(4) list the date on which the proposed rate or amount for the capital construction of a transportation project is expected to expire; and

(5) if applicable, list the estimated annual maintenance and operation expenses for the transportation project for which a rate or amount is proposed under Subdivision (1).

Sec. 616.006. ADDITIONAL REVENUE SOURCES. (a) The additional revenue sources under Section 616.005 may include any transportation-related revenue source the commissioners court and the governing body of the municipality that has the largest population in the county consider appropriate, including:

(1) a fee on a driver's license issued to a county resident, not to exceed $50; and

(2) a fee on a car rented within the county, not to exceed $10.

(b) Chapter 395 does not apply to a fee imposed under Subsection (a)(2).

Sec. 616.007. IMPOSITION OF ADDITIONAL REVENUE SOURCE. (a) The commissioners court by order, and the governing body of the municipality that has the largest population in the county by ordinance, shall impose an additional revenue source approved at an election called under Section 616.004.

(b) At a minimum, the order or ordinance imposing the additional revenue source must specify:

(1) the rate of the additional revenue source, which may not exceed the maximum rate approved at the election;

(2) the effective date of the additional revenue source;

(3) the manner in which the additional revenue source will be administered, collected, and enforced; and

(4) the transportation project or projects to be funded with each additional revenue source.

(c) For any additional revenue source authorized by this chapter, the commissioners court by order and the governing body of the municipality that has the largest population in the county by ordinance, after conducting a public hearing, may establish an exemption, waiver, or partial reduction for individuals of low income who demonstrate significant financial hardship.

Sec. 616.008. PROJECT SELECTION. In determining the county transportation projects to be funded with the additional revenue sources authorized under this chapter, a county and the governing body of the municipality that has the largest population in the county shall:

(1) consult with:

(A) the metropolitan planning organization for the region in which the county is located;

(B) a regional mobility authority operating under Chapter 370, Transportation Code, that serves the county; and

(C) a transit or transportation authority created or operating under Chapter 451, 452, or 460, Transportation Code, that serves the county; and

(2) consider the geographic location of other state or federally funded transportation projects, advanced transportation projects, and mobility enhancement projects to ensure geographic equity in the planning and development of the projects.

Sec. 616.009. FUNDING OF TOLL PROJECT PROHIBITED. A county may not use money from an additional revenue source authorized under this chapter:

(1) to acquire, construct, maintain, or otherwise directly fund a toll project; or

(2) for a transportation project if the money is used in order to reallocate other revenue toward a toll project.

SECTION 2. Section 502.003(a), Transportation Code, is amended to read as follows:

(a) Except as provided by Subsection (b) and by Chapter 616, 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, 2012.