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BILL ANALYSIS

 

 

Senate Research Center

H.B. 2536

83R9489 VOO-F

By: Geren; Capriglione (Nelson)

 

Transportation

 

5/1/2013

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires board members of a regional transportation authority to reside in the authority. Interested parties note that, as a result, a resident of a municipality that has not held a confirmation election for the confirmation of an authority and only receives services under contract, such as a resident of the City of Grapevine, is ineligible to serve on the board of a neighboring authority, such as the Fort Worth Transportation Authority, even though the  municipality receiving contract services has made significant contributions and commitments of its sales tax revenues to the authority. In addition, current law does not expressly allow certain member jurisdictions of a transportation authority to appoint elected officials to serve on the  board of the authority without compensation.

 

H.B. 2536 seeks to provide more direct accountability to the taxpayers who are supporting certain transportation authorities by amending provisions relating to the appointment of board members of a regional transportation authority.

 

H.B. 2536 amends current law relating to the composition of certain regional transportation authority subregional boards.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 452.541, Transportation Code, as follows:

 

Sec. 452.541.  BOARD MEMBERSHIP: RESIDENCY IN AUTHORITY.  (a) Creates this subsection from existing text.  Requires a member of a subregional board, except as provided by Subsection (b), to be a qualified voter residing in the regional transportation authority (authority).

 

(b) Authorizes an individual who does not reside in the authority to be appointed to the board under Section 452.562(c)(1) if the individual is a qualified voter of and resides in a municipality that has entered into a contract with the authority to receive services and has adopted a sales tax to participate in the funding of a transportation project being planned, developed, or operated by the authority.

 

SECTION 2.  Amends Section 452.562, Transportation Code, by amending Subsection (c) and adding Subsection (g), as follows:

 

(c) Requires the subregional board, if Subsection (b) (relating to members the subregional board consists of) does not apply, to be appointed as follows:

 

(1) the commissioners court of the county of the principal municipality is required to appoint at least one member to represent the unincorporated areas and municipalities in the county that are not otherwise represented on the subregional board and the municipalities that have entered into a contract with the authority to receive services; and

 

(2) the remaining members are required to be apportioned to the municipalities confirmed as all or part of the subregion according to the ratio that the population of each unit of election bears to the total population of the area confirmed as the subregion.

 

(g) Provides that an elected officer of the state or a political subdivision of this state who is not prohibited by the Texas Constitution from serving on the board is eligible, as an additional duty of office, to serve on the board.  Provides that an elected officer who is a board member is not entitled to receive compensation for serving as a member but is entitled to reimbursement for reasonable expenses incurred in performing duties as a member.

 

SECTION 3.  Effective date: upon passage or September 1, 2013.