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A BILL TO BE ENTITLED
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AN ACT
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relating to voter approval of local acceptance and use of federal |
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funds for commuter rail projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle B, Title 5, |
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Transportation Code, is amended to read as follows: |
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SUBTITLE B. STATE AND LOCAL RAIL FACILITIES |
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SECTION 2. Subtitle B, Title 5, Transportation Code, is |
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amended by adding Chapter 92 to read as follows: |
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CHAPTER 92. LOCAL RAIL FACILITIES |
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Sec. 92.001. VOTER APPROVAL FOR ACCEPTANCE AND USE OF |
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FEDERAL FUNDS FOR COMMUTER RAIL PROJECTS. (a) A political |
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subdivision may not accept, including through the department, or |
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use federal funds for the construction of a commuter rail project, |
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including for the repayment of debt issued for a project, unless: |
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(1) the governing body of each municipality in which a |
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station or track segment of the project is located or proposed to be |
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located holds an election called for the purpose of authorizing the |
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acceptance or use of the funds; and |
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(2) a majority of the votes cast at each election favor |
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the adoption of the proposition. |
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(b) A political subdivision authorized to use federal funds |
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for a project under Subsection (a) that has not begun to construct |
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the project before the fifth anniversary of the date of the election |
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may not use the funds unless: |
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(1) the governing body of each municipality in which a |
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station or track segment of the project is located or proposed to be |
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located holds an election called for the purpose of authorizing the |
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use of the funds; and |
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(2) a majority of the votes cast at each election favor |
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the adoption of the proposition. |
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(c) A political subdivision, a metropolitan planning |
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organization, or the department may not include in a transportation |
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plan adopted by the entity a commuter rail project that may be |
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financed wholly or partly with federal funds unless acceptance or |
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use of federal funds has been approved as required by this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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