By: Ellis S.B. No. 1693

A BILL TO BE ENTITLED

AN ACT

relating to the management of federal and state funds for the Texas Safe Routes to School (SRTS) program, and other programs directed toward the accommodation of pedestrians, bicyclists, persons with disabilities, children, senior citizens, users of public transportation, and persons of all ages and abilities on separate facilities and in conjunction with motorists on street and highway corridors, hereafter the "All-Ages, Active, Safe, and Economical Transportation in Texas (AASETT)" program.

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

SECTION 1. (a) The Texas Transportation Commission (Commission) shall use funds allowed by federal and state law for Safe Routes to School and funds allowed for Transportation Enhancement and other related programs to create infrastructure and programs that address the needs of pedestrians, bicyclists, persons with disabilities, children, senior citizens, users of public transportation, and persons of all ages and abilities for whom the benefit of such programs are directed.

SECTION 2. Subchapter H, Chapter 201 Transportation Code, is amended by adding Section [xxx] to read as follows:

[1.] Definitions

"All-Ages, Active, Safe, and Economical Transportation funding for Texas" or "AASETT funding" means MAP-21 Transportation Alternative funds, other funds from future federal transportation acts as allowed by federal and state law to create infrastructure and programs that address the needs of pedestrians, bicyclists, persons with disabilities, children, senior citizens, users of public transportation, and persons of all ages and abilities for whom the benefit of such programs are permitted; additional funds from state, local, and/or other sources also designated for such purposes may be included.

"Texas Safe Routes to School (SRTS)" means program functions providing for safe travel of Texas children to and from schools as defined by the federal Safe Routes to School program and state transportation code Section 201.614 also known as the "Matthew Brown Act".

[2.] Applicability

This act addresses funding received from (a) the federal government pursuant to the MAP-21 Transportation Act, (b) subsequent federal transportation acts as subject to federal and state law, and (c) other public and private programs that may provide resources for Safe Routes to School and AASETT projects as subject to federal and state law.

All MAP-21 and subsequent federal transportation acts as subject to federal and state law remain eligible for SRTS and AASETT projects. These programs are not intended as a substitute for a "Complete Streets" model of inclusion of bicycle, pedestrian, and other infrastructure in new construction and reconstruction projects.

[3.] Use of MAP-21 and other related funds.

(a) The State of Texas shall implement and administer a SRTS program and an AASETT program as defined above.

(b) At least ninety (90) percent of MAP-21 Transportation Alternative and other future SRTS/AASETT eligible funds received by the Department shall be applied to SRTS and AASETT Projects.

(c) The remaining ten (10) percent of funds referenced in (b) shall be applied to projects as permitted by law and may include Safe Routes to School and AASETT projects.

(d) Safe Routes to School and AASETT eligible funds shall each make up at least 35% of the available MAP-21 Transportation Alternative or related program funds referenced in (b).

(e) Within the SRTS program, no less than 20% of available funds shall be directed to non-infrastructure programs and no more than 80% of available funds shall be directed to infrastructure programs, without written and signed documentation.

(f) SRTS planning grants that address infrastructure projects shall be funded from infrastructure funds. A single planning project proposal may address multiple infrastructure projects.

(g) The Department may contract with one or more qualified vendor(s) to implement multiple approved SRTS and/or AASETT projects across the state as consistent with federal and state law.

(h) The Department shall make appropriate rules per SRTS and AASETT program activities.

(i) The Department, in addressing SRTS and AASETT programs shall consider best practices and guidance from:

(1) the United States Department of Transportation Federal Highway Administration;

(2) the American Association of State Highway and Transportation Officials;

(3) the National Association of City Transportation Officials;

(4) the Texas Manual on Uniform Traffic Control Devices;

(5) the Americans with Disabilities Act Accessibility Guidelines;

(6) the Public Rights-of-Way Accessibility Guidelines; and

(7) the recommended practice titled "Designing Walkable Urban Thoroughfares: A Context Sensitive Approach," issued by the Institute of Transportation Engineers.

(j) The Department Bicycle Advisory Committee (BAC) shall review all SRTS and AASETT program applications and report its findings to the Department; the Department may provide the BAC with criteria for the review process.

Section 3. Required Reports

The Texas Transportation Commission shall publish a best practices report no later than September 1, 2014. The report shall describe how the Texas Department of Transportation, local authorities, and metropolitan planning organizations have changed their procedures to implement the SRTS and AASETT programs required under Section 201.xxx, Transportation Code, as added by this Act. The commission shall include a list of transportation projects exempted under Subsection (xxx), Section 201.xxx, Transportation Code, as added by this Act, in the best practices report. The commission, in publishing a best practices report under this section, shall consider:

(1) procedures for identifying the needs of users of all ages and abilities;

(2) the types and designs of facilities needed to serve the needs of users described by Subdivision (1) of this section;

(3) measures of effectiveness that document the results of implementing Section 201.xxx, Transportation Code, as added by this Act, on transportation projects under the commission's jurisdiction; and

(4) procedures for identifying and overcoming barriers to implementing the SRTS and AASETT programs required under Section 201.xxx, Transportation Code, as added by this Act.

Section 4. This act takes effect on September 1, 2013.