AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The transportation authorities in Fort Worth and Dallas were established under and are governed by Chapter 452, Transportation Code. In 1995, it was determined that certain provisions relating to the governance of the transportation authorities in these two cities needed to be specific to each city. As a result, a new subchapter, Subchapter N, Chapter 452, was created that year to set forth special provisions that applied only to authorities created in cities with a population of less than 800,000 (Fort Worth), and a second new subchapter, Subchapter O, was created to apply to cities with a population of more than 800,000 (Dallas).
Since that time, the population of both cities have grown substantially. Population estimates indicate that Fort Worth is expected to pass this population cap of 800,000 in the very near future. This does not impact Dallas given the wording of the statute (population above 800,000), but it does impact Fort Worth, which would then be governed under Subchapter O.
S.B. 1511 updates the decades-old statute by changing the population cap from 800,000 to 1.1 million according to the most recent federal decennial census. This change ensures that Dallas’ and Fort Worth’s respective transportation authorities would continue to be governed under their intended statutory language. This bill accomplishes this by replacing the number 800,000 with 1.1 million for each instance the number appears within Chapter 452. Finally, S.B. 1511 clarifies that a population of 1.1 million would be derived from the most recent federal decennial census.
As proposed, S.B. 1511 amends current law relating to the establishment and governance of certain regional transportation authorities.
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 452.502(a), Transportation Code, as follows:
(a) Provides that the executive committee of a regional transportation authority confirmed in more than one subregion is composed of 11 members selected as follows:
(1) seven members from the membership of the subregional board in the subregion that has a principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, rather than in the subregion containing a principal municipality having a population of more than 800,000; and
(2) four members from the membership of the subregional board in the subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, rather than no principal municipality with a population of more than 800,000.
SECTION 2. Amends the heading to Subchapter N, Chapter 452, Transportation Code, to read as follows:
SUBCHAPTER N. SUBREGIONAL BOARD IN AUTHORITY HAVING NO MUNICIPALITY WITH POPULATION OF MORE THAN 1.1 MILLION
SECTION 3. Amends Section 452.561, Transportation Code, as follows:
Sec. 452.561. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter applies only to the board of a subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, rather than no principal municipality with a population of more than 800,000.
SECTION 4. Amends the heading to Subchapter O, Chapter 452, Transportation Code, to read as follows:
SUBCHAPTER O. SUBREGIONAL BOARD IN SUBREGION HAVING PRINCIPAL MUNICIPALITY WITH POPULATION OF MORE THAN 1.1 MILLION
SECTION 5. Amends Section 452.571, Transportation Code, as follows:
Sec. 452.571. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter applies only to the board of a subregion that has a principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, rather than a population of more than 800,000.
SECTION 6. Amends Sections 452.605(a) and (b), Transportation Code, as follows:
(a) Authorizes a municipality with population of at least 250,000 according to the most recent federal decennial census and located in a county that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census to join a separate authority by complying with this chapter, rather than authorizes a municipality having a population of at least 250,000 according to the preceding federal census and located in a county that has no principal municipality with a population of more than 800,000 according to the preceding federal census to join a separate authority by complying with this chapter.
(b) Provides that, if a municipality described by Subsection (a) joins a separate authority and another separate authority is subsequently established in a county that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, rather than has no principal municipality of more than 800,000 population according to the preceding federal census, any municipality in that county that has voted to participate with any authority created under this chapter may at the time of the creation of the new authority:
(1) remain in the authority that was created first;
(2) join the new authority in the county in which the municipality is located; or
(3) participate with both authorities.
SECTION 7. Amends Section 452.710(b), Transportation Code, to provide that the interim subregional board of a subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, rather than a population of more than 800,000, is composed of nine members appointed as provided by Section 452.562(b).
SECTION 8. Amends Section 452.712(d), Transportation Code, to require that the tax rate be approved by the commissioners court before the confirmation election in a subregion that has no principal municipality with a population of more than 1.1 million according to the most recent federal decennial census, rather than a population of more than 800,000.
SECTION 9. Effective date: September 1, 2015.