By: Pickett H.B. No. 4160
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to voter approval of local acceptance and use of federal
  funds for commuter rail projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subtitle B, Title 5,
  Transportation Code, is amended to read as follows:
  SUBTITLE B.  STATE AND LOCAL RAIL FACILITIES
         SECTION 2.  Subtitle B, Title 5, Transportation Code, is
  amended by adding Chapter 92 to read as follows:
  CHAPTER 92.  LOCAL RAIL FACILITIES
         Sec. 92.001.  VOTER APPROVAL FOR ACCEPTANCE AND USE OF
  FEDERAL FUNDS FOR COMMUTER RAIL PROJECTS. (a)  A political
  subdivision may not accept, including through the department, or
  use federal funds for the construction, maintenance, or operation
  of a commuter rail or other commuter rail project, including for the
  repayment of debt issued for a project, unless:
               (1)  the governing body of each municipality in which a
  station or track segment of the project is located or proposed to be
  located holds an election called for the purpose of authorizing the
  acceptance or use of the funds; and
               (2)  a majority of the votes cast at each election favor
  the adoption of the proposition.
         (b)  A political subdivision authorized to use federal funds
  for a project under Subsection (a) that has not begun to construct
  the project before the fifth anniversary of the date of the election
  may not use the funds unless:
               (1)  the governing body of each municipality in which a
  station or track segment of the project is located or proposed to be
  located holds an election called for the purpose of authorizing the
  use of the funds; and
               (2)  a majority of the votes cast at each election favor
  the adoption of the proposition.
         (c)  A political subdivision, a metropolitan planning
  organization, or the department may not include in a transportation
  plan adopted by the entity a commuter rail or other commuter rail
  project that may be financed wholly or partly with federal funds
  unless acceptance or use of federal funds has been approved as
  required by this section.
         SECTION 3.  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, 2017.