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SECTION 1. Subtitle K, Title
6, Transportation Code, is amended by adding Chapter 463 to read as
follows:
CHAPTER 463. REGIONAL
TRANSIT AUTHORITIES
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 463.001.
DEFINITIONS.
Sec. 463.002.
APPLICATION.
Sec. 463.003.
MUNICIPALITIES MAY PROVIDE TRANSPORTATION SERVICES.
SUBCHAPTER B. POWERS OF
AUTHORITIES
Sec. 463.051. POWERS
APPLICABLE TO CONFIRMED AUTHORITY.
Sec. 463.052. NATURE OF AUTHORITY.
Sec. 463.053.
RESPONSIBILITY FOR CONTROL OF AUTHORITY.
Sec. 463.054. GENERAL
POWERS OF AUTHORITY.
Sec. 463.055. CONTRACTS;
GRANTS AND LOANS.
Sec. 463.056. OPERATION
OF PUBLIC TRANSPORTATION SYSTEM.
Sec. 463.057. ACQUISITION
OF PROPERTY BY AGREEMENT.
Sec. 463.058. USE AND
ACQUISITION OF PROPERTY OF OTHERS.
Sec. 463.059. EMINENT
DOMAIN PROCEEDINGS.
Sec. 463.060. AGREEMENT
WITH UTILITIES; CARRIERS.
Sec. 463.061. FARES AND
OTHER CHARGES.
Sec. 463.062. ENFORCEMENT
OF FARES AND OTHER CHARGES; PENALTIES.
Sec. 463.063. FARE
ENFORCEMENT OFFICERS.
Sec. 463.064. ENFORCEMENT
OF HIGH OCCUPANCY VEHICLE LANE USAGE.
Sec. 463.065. INSURANCE.
Sec. 463.066. TAX
EXEMPTION.
Sec. 463.067. MASS TRANSIT SYSTEM: REGULATORY EXEMPTION. (a)
An authority that constructs or operates or contracts with another entity
to construct or operate a rail mass transit system is not subject to any
state law regulating or governing the design, construction, or operation of
a railroad, railway, street railway, streetcar, or interurban railway.
(b) For purposes of
ownership or transfer of ownership of an interest in real property, a rail
mass transit system line operating on property previously used by a
railroad, railway, street railway, or interurban railway is a continuation
of existing rail use.
Sec. 463.068. ELECTIONS.
Sec. 463.069. ADDITIONAL
FEE. (a) In addition to a toll or other charge imposed under Section
367.011 or other law, an entity that operates an international bridge may
impose a fee for the use of the bridge as follows:
(1) $1 for passenger
vehicles;
(2) $2 for commercial
motor vehicles; and
(3) 25 cents for
pedestrians.
(b) Before a fee may be
imposed under this section, the entity must enter into a written agreement
with an authority relating to the imposition and disposition of the fee.
The agreement must provide for collection of the fee by the entity and
remittance of the authority's portion of the fee to the authority each
month.
(c) Of the fees collected
under this section:
(1) 25 percent shall be
retained by the entity for transportation projects or complementary
transportation services;
(2) 50 percent shall be
used for a rail mass transit system; and
(3) 25 percent shall be
used for regional high capacity transit.
(d) The percentage
described by Subsection (c)(3) may be retained by the entity if:
(1) the entity is a mass
transit provider; and
(2) mass transit was
provided in the municipality in which the international bridge is located
on or before January 1, 2017.
SUBCHAPTER C. MANAGEMENT
OF AUTHORITY
Sec. 463.101. POWERS AND
AUTHORITY OF EXECUTIVE COMMITTEE.
Sec. 463.102.
INVESTMENTS.
Sec. 463.103.
DEPOSITORY; DEPOSIT OF FUNDS.
Sec. 463.104. CHIEF
EXECUTIVE: DUTIES.
.
Sec. 463.105. RULES.
Sec. 463.106. PURCHASES:
COMPETITIVE BIDDING.
Sec. 463.107. DURATION OF
CONTRACTS.
Sec. 463.108. SECURITY.
Sec. 463.109. BUDGET
RECOMMENDATIONS.
Sec. 463.110. FINANCIAL
AUDITS.
SUBCHAPTER D. STATION OR
TERMINAL COMPLEX SYSTEMS
Sec. 463.151. STATION OR
TERMINAL COMPLEX: SYSTEM PLAN.
Sec. 463.152. STATION OR
TERMINAL COMPLEX: FACILITIES.
Sec. 463.153. STATION OR
TERMINAL COMPLEX: LOCATION.
Sec. 463.154. TRANSFER OF
REAL PROPERTY IN STATION OR TERMINAL COMPLEX.
SUBCHAPTER E. BONDS
Sec. 463.201. DEFINITION.
Sec. 463.202. POWER TO
ISSUE BONDS. An authority may issue bonds at any time and for any amounts
it considers necessary or appropriate for:
(1) the acquisition, construction,
repair, equipping, improvement, or extension of its public transportation
system; or
(2) creating or funding
self-insurance or retirement or pension fund reserves.
Sec. 463.203. BOND
TERMS. An authority's bonds are fully negotiable. An authority may make
the bonds redeemable before maturity at the price and subject to the terms
and conditions that are provided in the authority's resolution authorizing
the bonds.
Sec. 463.204. SALE.
Sec. 463.205. APPROVAL; REGISTRATION.
Sec. 463.206.
INCONTESTABILITY.
Sec. 463.207. SECURITY
PLEDGED. (a) To secure the payment of an authority's bonds, the authority
may:
(1) pledge any part of
the revenue of the public transportation system;
(2) mortgage any part of the
public transportation system, including any part of the system subsequently
acquired;
(3) pledge all or part of
funds the federal government has committed to the authority as grants in
aid; and
(4) provide that a pledge
of revenue described by Subdivision (1) is a first lien or charge against
that revenue.
(b) Under Subsection
(a)(2) an authority may, subject to the terms of the bond indenture or the
resolution authorizing the issuance of the bonds, encumber a separate item
of the public transportation system and acquire, use, hold, or contract for
the property by lease, chattel mortgage, or other conditional sale
including an equipment trust transaction.
(c) An authority may not
issue bonds secured by ad valorem tax revenue.
(d) An authority is not
prohibited by this subchapter from encumbering one or more public
transportation systems to purchase, construct, extend, or repair one or
more other public transportation systems of the authority.
(e) The authority may
pledge funds described by Subsection (a)(3):
(1) as the sole security
for the bonds; or
(2) in addition to any
other security described by this section.
Sec. 463.208. USE OF
REVENUE.
Sec. 463.209. REFUNDING
BONDS.
Sec. 463.210. BONDS AS
AUTHORIZED INVESTMENTS.
Sec. 463.211. EXCHANGE OF
BONDS FOR EXISTING SYSTEM.
Sec. 463.212. TAX
EXEMPTION.
SUBCHAPTER F. EXECUTIVE
COMMITTEE
Sec. 463.251.
COMPOSITION.
Sec. 463.252. OFFICERS.
Sec. 463.253. CONFLICTS
OF INTEREST.
Sec. 463.254. MEETINGS.
Sec. 463.255. VOTING
REQUIREMENTS.
SUBCHAPTER G. CREATION OF
AUTHORITIES
Sec. 463.301. CREATION OF
AUTHORITY AUTHORIZED.
Sec. 463.302. INITIATING
ORDER OR RESOLUTION: CONTENTS.
Sec. 463.303. NOTICE OF
HEARING.
Sec. 463.304. CONDUCT OF
HEARING.
Sec. 463.305. RESOLUTION
OR ORDER.
Sec. 463.306. INTERIM
EXECUTIVE COMMITTEE.
Sec. 463.307. APPROVAL OF
SERVICE PLAN.
Sec. 463.308. NOTICE OF
INTENT TO ORDER ELECTION.
Sec. 463.309.
CONFIRMATION ELECTION.
Sec. 463.310. CONDUCT OF
ELECTION.
Sec. 463.311. RESULTS OF
ELECTION; ORDER.
Sec. 463.312. EFFECT OF
CREATION.
Sec. 463.313. COST OF
ELECTION.
Sec. 463.314. EXPIRATION
OF UNCONFIRMED AUTHORITY.
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SECTION 1. Subtitle K, Title
6, Transportation Code, is amended by adding Chapter 463 to read as
follows:
CHAPTER 463. REGIONAL
TRANSIT AUTHORITIES
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 463.001.
DEFINITIONS.
Sec. 463.002.
APPLICATION.
Sec. 463.003.
MUNICIPALITIES MAY PROVIDE TRANSPORTATION SERVICES.
SUBCHAPTER B. POWERS OF
AUTHORITIES
Sec. 463.051. POWERS
APPLICABLE TO CONFIRMED AUTHORITY.
Sec. 463.052. NATURE OF
AUTHORITY.
Sec. 463.053.
RESPONSIBILITY FOR CONTROL OF AUTHORITY.
Sec. 463.054. GENERAL
POWERS OF AUTHORITY.
Sec. 463.055. CONTRACTS;
GRANTS AND LOANS.
Sec. 463.056. OPERATION
OF PUBLIC TRANSPORTATION SYSTEM.
Sec. 463.057. ACQUISITION
OF PROPERTY BY AGREEMENT.
Sec. 463.058. USE AND
ACQUISITION OF PROPERTY OF OTHERS.
Sec. 463.059. EMINENT
DOMAIN PROCEEDINGS.
Sec. 463.060. AGREEMENT
WITH UTILITIES; CARRIERS.
Sec. 463.061. FARES AND
OTHER CHARGES.
Sec. 463.062. ENFORCEMENT
OF FARES AND OTHER CHARGES; PENALTIES.
Sec. 463.063. FARE
ENFORCEMENT OFFICERS.
Sec. 463.064. ENFORCEMENT
OF HIGH OCCUPANCY VEHICLE LANE USAGE.
Sec. 463.065. INSURANCE.
Sec. 463.066. TAX
EXEMPTION.
Sec. 463.067.
CONTINUATION OF EXISTING RAIL USE. For purposes of ownership or transfer
of ownership of an interest in real property, a rail mass transit system
line operating on property previously used by a railroad, railway, street
railway, or interurban railway is a continuation of existing rail use.
Sec. 463.068. ELECTIONS.
Sec. 463.069. ADDITIONAL
FEE. (a) In addition to a toll or other charge imposed under Section
367.011 or other law, an entity that operates an international bridge may
impose a fee for the use of the bridge as follows:
(1) $1 for passenger
vehicles;
(2) $2 for commercial
motor vehicles; and
(3) 25 cents for
pedestrians.
(b) Before a fee may be
imposed under this section, the entity must enter into a written agreement
with an authority relating to the imposition and disposition of the fee.
The agreement must provide:
(1) for collection of the
fee by the entity and remittance of the authority's portion of the fee to
the authority each month; and
(2) if more than one entity operates an international bridge,
for the division of the amount described by Subsection (c)(1) among the
entities.
(c) Of the fees collected
under this section:
(1) 25 percent shall be
retained by the entity for transportation projects or complementary
transportation services;
(2) 50 percent shall be
used for a rail mass transit system; and
(3) 25 percent shall be
used for regional high capacity transit.
(d) The percentage
described by Subsection (c)(3) may be retained by the entity if:
(1) the entity is a mass
transit provider; and
(2) mass transit was
provided in the municipality in which the international bridge is located
on or before January 1, 2017.
SUBCHAPTER C. MANAGEMENT
OF AUTHORITY
Sec. 463.101. POWERS AND
AUTHORITY OF EXECUTIVE COMMITTEE.
Sec. 463.102.
INVESTMENTS.
Sec. 463.103. DEPOSITORY;
DEPOSIT OF FUNDS.
Sec. 463.104. CHIEF
EXECUTIVE: DUTIES.
Sec. 463.105. RULES.
Sec. 463.106. PURCHASES:
COMPETITIVE BIDDING.
Sec. 463.107. DURATION OF
CONTRACTS.
Sec. 463.108. SECURITY.
Sec. 463.109. BUDGET
RECOMMENDATIONS.
Sec. 463.110. FINANCIAL
AUDITS.
SUBCHAPTER D. STATION OR
TERMINAL COMPLEX SYSTEMS
Sec. 463.151. STATION OR
TERMINAL COMPLEX: SYSTEM PLAN.
Sec. 463.152. STATION OR
TERMINAL COMPLEX: FACILITIES.
Sec. 463.153. STATION OR
TERMINAL COMPLEX: LOCATION.
Sec. 463.154. TRANSFER OF
REAL PROPERTY IN STATION OR TERMINAL COMPLEX.
SUBCHAPTER E. BONDS
Sec. 463.201. DEFINITION.
Sec. 463.202. POWER TO
ISSUE BONDS. (a) An authority may issue bonds at any time and for any
amounts it considers necessary or appropriate for:
(1) the acquisition,
construction, repair, equipping, improvement, or extension of its public
transportation system; or
(2) creating or funding
self-insurance or retirement or pension fund reserves.
(b) An authority may exercise the powers granted to the
governing body of an issuer in connection with the issuance of obligations
and the execution of credit agreements under Chapter 1371, Government Code.
Sec. 463.203. BOND
TERMS. (a) An authority's bonds are fully negotiable. An authority may
make the bonds redeemable before maturity at the price and subject to the
terms and conditions that are provided in the authority's resolution
authorizing the bonds. The authority's
resolution authorizing the bonds may contain any other terms the executive
committee considers appropriate.
(b) A bond issued under this subchapter is not a debt or pledge
of the faith and credit of the state, a political subdivision included in
the boundaries of the authority, or any other political subdivision of the
state.
(c) Each bond issued by an authority under this subchapter must
contain on its face a statement substantially to the effect that:
(1) the state, a political subdivision included in the
boundaries of the authority, or any other political subdivision of the
state is not obligated to pay the principal of or the interest on the bond;
and
(2) the faith and credit and taxing power of the state, a
political subdivision included in the boundaries of the authority, or any
other political subdivision of the state are not pledged to the payment of
the principal of or the interest on the bond.
Sec. 463.204. SALE.
Sec. 463.205. APPROVAL;
REGISTRATION.
Sec. 463.206.
INCONTESTABILITY.
Sec. 463.207. SECURITY
PLEDGED. (a) To secure the payment of an authority's bonds, the authority
may:
(1) pledge any part of
the revenue of the public transportation system;
(2) mortgage any part of
the public transportation system, including any part of the system
subsequently acquired;
(3) pledge all or part of
funds the federal government has committed to the authority as grants in
aid; and
(4) provide that a pledge
of revenue described by Subdivision (1) is a first or subordinate lien or charge against that revenue.
(b) Under Subsection
(a)(2) an authority may, subject to the terms of the bond indenture or the
resolution authorizing the issuance of the bonds, encumber a separate item
of the public transportation system and acquire, use, hold, or contract for
the property by lease, chattel mortgage, or other conditional sale
including an equipment trust transaction.
(c) An authority may not
issue bonds secured by ad valorem tax revenue.
(d) An authority is not
prohibited by this subchapter from encumbering one or more public
transportation systems to purchase, construct, extend, or repair one or
more other public transportation systems of the authority.
(e) The authority may
pledge funds described by Subsection (a)(3):
(1) as the sole security
for the bonds; or
(2) in addition to any
other security described by this section.
Sec. 463.208. USE OF
REVENUE.
Sec. 463.209. REFUNDING
BONDS.
Sec. 463.210. BONDS AS
AUTHORIZED INVESTMENTS.
Sec. 463.211. EXCHANGE OF
BONDS FOR EXISTING SYSTEM.
Sec. 463.212. TAX
EXEMPTION.
SUBCHAPTER F. EXECUTIVE
COMMITTEE
Sec. 463.251.
COMPOSITION.
Sec. 463.252. OFFICERS.
Sec. 463.253. CONFLICTS
OF INTEREST.
Sec. 463.254. MEETINGS.
Sec. 463.255. VOTING
REQUIREMENTS.
SUBCHAPTER G. CREATION OF
AUTHORITIES
Sec. 463.301. CREATION OF
AUTHORITY AUTHORIZED.
Sec. 463.302. INITIATING
ORDER OR RESOLUTION: CONTENTS.
Sec. 463.303. NOTICE OF
HEARING.
Sec. 463.304. CONDUCT OF
HEARING.
Sec. 463.305. RESOLUTION
OR ORDER.
Sec. 463.306. INTERIM
EXECUTIVE COMMITTEE.
Sec. 463.307. APPROVAL OF
SERVICE PLAN.
Sec. 463.308. NOTICE OF
INTENT TO ORDER ELECTION.
Sec. 463.309.
CONFIRMATION ELECTION.
Sec. 463.310. CONDUCT OF
ELECTION.
Sec. 463.311. RESULTS OF
ELECTION; ORDER.
Sec. 463.312. EFFECT OF
CREATION.
Sec. 463.313. COST OF
ELECTION.
Sec. 463.314. EXPIRATION
OF UNCONFIRMED AUTHORITY.
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