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  84R1986 AJZ-D
 
  By: Menéndez S.B. No. 1837
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring certain metropolitan rapid transit
  authorities to hold a referendum before spending any money for a
  fixed rail transit system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 451, Transportation Code,
  is amended by adding Section 451.073 to read as follows:
         Sec. 451.073.  REFERENDUM FOR RAIL PLAN; CERTAIN
  AUTHORITIES. (a) This section applies only to an authority created
  before 1980 in which the principal municipality has a population of
  less than 1.9 million.
         (b)  Before the authority may spend any funds to purchase,
  acquire, construct, operate, or maintain any form of a fixed rail
  transit system, the authority must hold a referendum on whether the
  authority may operate a fixed rail transit system. At the election
  the ballots shall be printed to permit voting for or against the
  following proposition: "The operation of a fixed rail system by
  (name of authority)."
         (c)  The notice of an election called under this section must
  include a general description of the form of the fixed rail transit
  system, including the general location of any proposed routes.
         (d)  If a majority of the votes cast are in favor of the
  proposition, the authority may build and operate the system as
  provided in the notice for the election. If less than a majority of
  the votes cast are in favor of the proposition, the authority may
  not expend funds of the authority to purchase, acquire, construct,
  operate, or maintain any form of a fixed rail transit system unless
  the system is approved by a majority of the votes cast at a
  referendum held by the authority for that purpose. 
         (e)  A subsequent referendum under Subsection (d): 
               (1)  may be held more than once; 
               (2)  is held in the same manner as the initial
  referendum; and
               (3)  may not be held before the first anniversary of an
  election previously held under this section.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.