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A BILL TO BE ENTITLED
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AN ACT
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relating to powers of regional transportation authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 452, Transportation Code, |
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is amended by adding Section 452.204 to read as follows: |
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Sec. 452.204. GENERAL MOBILITY PROGRAM. (a) Each |
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municipality in an authority consisting of one subregion governed |
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by a subregional board created under Subchapter O shall enter into |
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an agreement with the subregional board under which up to 25 percent |
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of the sales and use tax imposed by the authority in that |
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municipality may be used by that municipality for a general |
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mobility program that includes: |
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(1) constructing and maintaining sidewalks, hiking |
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trails, and biking trails, highways and local and arterial streets, |
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thoroughfares, and other roads, including bridges and grade |
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separations; |
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(2) installing, operating, and maintaining |
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streetlights and traffic control improvements, including traffic |
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signals; or |
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(3) making drainage improvements and taking |
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drainage-related measures as reasonable and necessary for the |
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effective use of the transportation facility being installed, |
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constructed, operated, or maintained under Subdivision (1) or (2). |
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(b) Under an agreement entered into under Subsection (a), a |
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municipality shall annually provide to the subregional board a list |
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of projects the municipality intends to fund through the program. |
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(c) Of the sales and use tax available to a municipality |
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through the general mobility program each year: |
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(1) 50 percent shall be made available to the |
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municipality on the first day of the authority's fiscal year; and |
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(2) 50 percent shall be made available to the |
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municipality on a reimbursement basis before the end of the |
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authority's fiscal year. |
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(d) Any money made available to a municipality under |
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Subsection (c) that is unused by the municipality in the period |
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described by that subsection must be used by the authority to pay |
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down any outstanding debt that is secured by a sales and use tax |
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rate imposed at a rate of one percent. A payment made under this |
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subsection is in addition to any annual debt payment required of the |
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authority. |
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SECTION 2. Section 452.357(a), Transportation Code, is |
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amended to read as follows: |
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(a) To secure the payment of an authority's bonds, the |
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authority may: |
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(1) pledge not more than 75 percent [all or part] of |
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revenue realized from any tax that the authority may impose; |
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(2) pledge any part of the revenue of the public |
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transportation system; |
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(3) mortgage any part of the public transportation |
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system, including any part of the system subsequently acquired; |
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(4) pledge all or part of funds the federal government |
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has committed to the authority as grants in aid; and |
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(5) provide that a pledge of revenue described by |
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Subdivision (1) or (2) is a first lien or charge against that |
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revenue. |
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SECTION 3. Section 452.358, Transportation Code, is amended |
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to read as follows: |
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Sec. 452.358. USE OF REVENUE. Revenue in excess of amounts |
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pledged under Section 452.357(a)(1) or (2) shall be used to: |
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(1) pay the expenses of operation and maintenance of a |
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public transportation system, including salaries, labor, |
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materials, and repairs necessary to provide efficient service and |
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every other proper item of expense; [and] |
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(2) fund operating reserves; and |
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(3) fund a general mobility program established under |
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Section 452.204. |
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SECTION 4. Section 452.401(a), Transportation Code, is |
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amended to read as follows: |
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(a) The executive committee may impose for an authority a |
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sales and use tax at the rate of: |
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(1) one-quarter of one percent; |
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(2) one-half of one percent; or |
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(3) three-quarters of one percent[; or |
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[(4) one percent]. |
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SECTION 5. Section 452.651(c), Transportation Code, is |
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amended to read as follows: |
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(c) An election to withdraw may not be ordered, and a |
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petition for an election to withdraw may not be accepted for filing, |
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more frequently than once during each period of 12 months preceding |
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the anniversary of the date of the election confirming the |
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authority. If the unit of election is located in an authority |
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consisting of one subregion governed by a subregional board created |
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under Subchapter O, an election for withdrawal of the unit of |
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election under this section may not be ordered, and a petition for |
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withdrawal may not be accepted, more frequently than once during |
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1996 and during each third [sixth] calendar year after that year. |
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SECTION 6. Subchapter Q, Chapter 452, Transportation Code, |
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is amended by adding Section 452.6545 to read as follows: |
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Sec. 452.6545. EFFECT OF NOTICE OF ELECTION ON CERTAIN |
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AUTHORITY TO ISSUE OBLIGATIONS. Notwithstanding Subchapter H, on |
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receipt by the executive committee of the authority of a notice |
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provided under Section 452.655(c), the authority may not issue |
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notes, bonds, or other obligations if the issuance would cause the |
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financial obligation of the unit of election under Section |
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452.659(a) to accrue because the amount in Section 452.659(b)(3) |
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would increase. This limitation on issuance continues until: |
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(1) the effective date of the withdrawal of the unit of |
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election from the authority, if after an election held under |
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Section 452.655 less than a majority of the votes received on the |
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measure in the election favor the proposition; or |
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(2) the day after the date of the canvass of an |
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election held under Section 452.655, if a majority of the votes |
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received on the measure in the election favor the proposition. |
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SECTION 7. Section 452.658(a), Transportation Code, is |
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amended to read as follows: |
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(a) Until the amount of revenue from an authority's sales |
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and use tax collected in a withdrawn unit of election after the |
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effective date of withdrawal and paid to the authority equals the |
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total financial obligation of the unit, the sales and use tax |
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continues to be collected in the territory of the election unit at |
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the rate: |
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(1) at which the tax was imposed; or |
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(2) of one-half of one percent if: |
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(A) the tax was imposed at the rate of one |
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percent; and |
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(B) the governing body of the withdrawn unit of |
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election approves the collection of the tax at the lower rate. |
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SECTION 8. (a) Sections 452.357(a) and 452.401(a), |
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Transportation Code, as amended by this Act, do not apply to the |
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imposition of a sales and use tax in a regional transportation |
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authority that, before the effective date of this Act, has pledged |
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the revenue from the tax imposed at the rate of one percent as |
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security for bonds issued by the authority. The imposition of a |
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sales and use tax in a regional transportation authority that has |
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pledged the revenue from the tax imposed at the rate of one percent |
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as security for bonds issued by the authority before the effective |
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date of this Act is governed by the law in effect when the revenue |
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was pledged, and that law is continued in effect for that purpose. |
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(b) The executive committee of a regional transportation |
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authority may, under Section 452.405, Transportation Code, order |
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the decrease in the rate at which a sales and use tax is collected in |
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an authority described by Subsection (a) of this section only |
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after: |
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(1) all of the bonds and interest on the bonds that are |
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payable from or secured by a sales and use tax imposed at the rate of |
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one percent have been paid by the issuer of the bonds or another |
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person with the consent or approval of the issuer; or |
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(2) a sufficient amount for the payment of all bonds |
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and interest on the bonds to maturity has been set aside by the |
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issuer of the bonds or another person with the consent or approval |
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of the issuer in a trust fund held for the benefit of the |
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bondholders. |
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SECTION 9. This Act takes effect September 1, 2025. |