By: Menéndez S.B. No. 1837

(In the Senate - Filed March 13, 2015; March 25, 2015, read first time and referred to Committee on Transportation; April 30, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 30, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1837 By: Huffines

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.

(f) Approval of a fixed rail transit system at an election called under this section preempts any requirement in a municipal charter that, for the system approved, requires a municipal election to be held before the municipality may:

(1) grant permission to alter or damage any public way of the municipality for the construction of the system; or

(2) appropriate funds or authorize bonds or notes to be issued or sold for the purpose of the design, construction, or operation of the system.

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.

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