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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and governance of certain regional |
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transportation authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 321.101(b), Tax Code, is amended to read |
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as follows: |
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(b) A municipality that is not disqualified may, by a |
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majority vote of the qualified voters of the municipality voting at |
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an election held for that purpose, adopt an additional sales and use |
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tax for the benefit of the municipality in accordance with this |
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chapter. A municipality is disqualified from adopting the |
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additional sales and use tax if the municipality: |
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(1) is included within the boundaries of a rapid |
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transit authority created under Chapter 451, Transportation Code; |
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(2) is included within the boundaries of a regional |
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transportation authority created under Chapter 452, Transportation |
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Code, by a principal municipality having a population of less than |
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1.1 million according to the most recent federal decennial census |
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[800,000], unless the municipality has a population of 400,000 or |
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more and is located in more than one county; |
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(3) is wholly or partly located in a county that |
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contains territory within the boundaries of a regional |
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transportation authority created under Chapter 452, Transportation |
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Code, by a principal municipality having a population in excess of |
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1.1 million according to the most recent federal decennial census |
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[800,000], unless: |
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(A) the municipality is a contiguous |
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municipality; or |
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(B) the municipality is not included within the |
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boundaries of the authority and is located wholly or partly in a |
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county in which fewer than 250 persons are residents of both the |
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county and the authority according to the most recent federal |
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census; or |
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(C) the municipality is not and on January 1, |
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1993, was not included within the boundaries of the authority; or |
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(4) imposes a tax authorized by Chapter 453, |
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Transportation Code. |
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SECTION 2. Section 321.1025(a), Tax Code, is amended to |
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read as follows: |
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(a) A municipality that is wholly or partly located in a |
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county that contains territory within the boundaries of a regional |
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transportation authority created under Chapter 452, Transportation |
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Code, by a principal municipality having a population of more than |
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1.1 million according to the most recent federal decennial census |
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[800,000] and that has adopted an additional sales and use tax for |
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the benefit of the municipality may hold an election on the question |
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of whether the municipality shall be annexed to the authority. |
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SECTION 3. Section 452.502(a), Transportation Code, is |
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amended to read as follows: |
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(a) The executive committee of a regional transportation |
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authority confirmed in more than one subregion is composed of 11 |
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members selected as follows: |
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(1) seven members from the membership of the |
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subregional board in the subregion that has [containing] a |
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principal municipality with [having] a population of more than 1.1 |
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million according to the most recent federal decennial census |
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[800,000]; and |
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(2) four members from the membership of the |
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subregional board in the subregion that has no principal |
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municipality with a population of more than 1.1 million according |
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to the most recent federal decennial census [800,000]. |
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SECTION 4. The heading to Subchapter N, Chapter 452, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER N. SUBREGIONAL BOARD IN AUTHORITY HAVING NO MUNICIPALITY |
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WITH POPULATION OF MORE THAN 1.1 MILLION [800,000] |
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SECTION 5. Section 452.561, Transportation Code, is amended |
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to read as follows: |
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Sec. 452.561. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to the board of a subregion that has no principal |
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municipality with a population of more than 1.1 million according |
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to the most recent federal decennial census [800,000]. |
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SECTION 6. Sections 452.562(a), (b), and (c), |
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Transportation Code, are amended to read as follows: |
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(a) A subregional board is composed of 11 [nine] members. |
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(b) If the entire county of the principal municipality is |
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included in the authority, the subregional board consists of: |
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(1) five [four] members appointed by the governing |
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body of the principal municipality; |
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(2) five [four] members appointed by the commissioners |
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court of the county of the principal municipality; and |
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(3) one member appointed by the governing body of a |
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municipality that is in the authority and has a population of more |
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than 100,000. |
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(c) If Subsection (b) does not apply, the subregional board |
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shall be appointed as follows: |
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(1) the commissioners court of the county of the |
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principal municipality shall appoint at least three members [one
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member] to represent: |
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(A) the unincorporated areas and municipalities |
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in the county that are not otherwise represented on the subregional |
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board; and |
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(B) the municipalities that have entered into a |
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contract with the authority to receive services; and |
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(2) the remaining members shall be apportioned to the |
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municipalities confirmed as all or part of the subregion according |
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to the ratio that the population of each unit of election bears to |
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the total population of the area confirmed as the subregion. |
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SECTION 7. The heading to Subchapter O, Chapter 452, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER O. SUBREGIONAL BOARD IN SUBREGION HAVING PRINCIPAL |
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MUNICIPALITY WITH POPULATION OF MORE THAN 1.1 MILLION [800,000] |
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SECTION 8. Section 452.571, Transportation Code, is amended |
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to read as follows: |
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Sec. 452.571. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to the board of a subregion that has a principal |
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municipality with a population of more than 1.1 million according |
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to the most recent federal decennial census [800,000]. |
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SECTION 9. Sections 452.605(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) A municipality with [having] a population of at least |
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250,000 according to the most recent [preceding] federal decennial |
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census and located in a county that has no principal municipality |
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with a population of more than 1.1 million [800,000] according to |
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the most recent [preceding] federal decennial census may join a |
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separate authority by complying with this chapter. |
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(b) If a municipality described by Subsection (a) joins a |
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separate authority and another separate authority is subsequently |
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established in a county that has no principal municipality with a |
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[of more than 800,000] population of more than 1.1 million |
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according to the most recent [preceding] federal decennial census, |
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any municipality in that county that has voted to participate with |
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any authority created under this chapter may at the time of the |
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creation of the new authority: |
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(1) remain in the authority that was created first; |
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(2) join the new authority in the county in which the |
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municipality is located; or |
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(3) participate with both authorities. |
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SECTION 10. Section 452.657, Transportation Code, is |
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amended by adding Subsections (e) and (f) to read as follows: |
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(e) In a unit of election with a population of less than |
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10,000 according to the most recent federal decennial census that |
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withdraws from an authority consisting of one subregion governed by |
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a subregional board created under Subchapter N, title to all real |
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estate in the unit of election owned or partially owned by the |
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authority, including improvements made by the authority, except a |
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right-of-way or an improvement to a right-of-way, shall immediately |
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vest in the authority, and the authority may continue to use the |
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real estate and improvements in the withdrawn unit of election as |
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may be determined by the authority to be necessary: |
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(1) for the continuation of service to other units of |
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election; |
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(2) to satisfy the authority's remaining federal grant |
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obligation for the real estate and improvements; or |
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(3) for the operation of a public transportation |
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system as provided by Section 452.056(a). |
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(f) An authority is responsible for all operation and |
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maintenance costs of the property and improvements located in the |
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withdrawn unit of election that are owned or partially owned by the |
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authority as described by Subsection (e). |
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SECTION 11. Section 452.659, Transportation Code, is |
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amended by adding Subsection (e) to read as follows: |
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(e) Notwithstanding any other provision of this chapter, in |
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determining the total financial obligation of a withdrawn unit of |
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election to an authority consisting of one subregion governed by a |
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subregional board created under Subchapter N, Subsection (a)(2) |
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does not apply, and the amounts calculated under Subsection (a)(1) |
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do not include any financial, contractual, or other obligations |
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incurred by the authority between the date that an election to |
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withdraw is ordered and the date of the canvass of the election. |
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The executive committee shall determine the total financial |
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obligation of the withdrawn unit of election not later than the |
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180th day after the date the election is called. This subsection: |
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(1) applies to an election to withdraw that is ordered |
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before, on, or after September 1, 2015; and |
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(2) expires August 31, 2016. |
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SECTION 12. Section 452.710(b), Transportation Code, is |
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amended to read as follows: |
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(b) The interim subregional board of a subregion that has no |
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principal municipality with a population of more than 1.1 million |
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according to the most recent federal decennial census [800,000] is |
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composed of 11 [nine] members appointed as provided by Section |
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452.562(b). |
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SECTION 13. Section 452.712(d), Transportation Code, is |
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amended to read as follows: |
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(d) In a subregion that has no principal municipality with a |
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population of more than 1.1 million according to the most recent |
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federal decennial census [800,000], the tax rate must be approved |
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by the commissioners court before the confirmation election. |
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SECTION 14. This Act takes effect September 1, 2015. |