Texas 2009 - 81st Regular

Texas House Bill HB3448 Compare Versions

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1	1	By: Rodriguez H.B. No. 3448
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to local options regarding transportation and mobility
7	7	improvement projects in certain counties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle B, Title 14, Local Government Code, is
10	10	amended by adding Chapter 446 to read as follows:
11	11	CHAPTER 446. LOCAL OPTIONS FOR TRANSPORTATION PROJECTS
12	12	Sec. 446.001. SHORT TITLE. This chapter may be cited as the
13	13	Texas Local Option Transportation Act.
14	14	Sec. 446.002. DEFINITIONS. In this chapter:
15	15	(1) "Department" means the Texas Department of
16	16	Transportation.
17	17	(2) "Metropolitan planning organization" has the
18	18	meaning assigned by Section 472.031, Transportation Code.
19	19	(3) "Transportation Provider" means a transit agency
20	20	created or operating under Chapter 451, Transportation Code,
21	21	transportation authority, regional mobility authority, city or
22	22	county.
23	23	Sec. 446.003. APPLICABILITY OF CHAPTER. This chapter
24	24	applies only to a region served by a metropolitan planning
25	25	organization with jurisdiction over a region in which:
26	26	(1) the principal municipality has a population of
27	27	more than 650,000;
28	28	(2) all members of the governing body of the principal
29	29	municipality are elected on an at-large basis;
30	30	(3) a regional mobility authority has been created for
31	31	the county in which the principal municipality is located under
32	32	Chapter 370, Transportation Code.
33	33	Sec. 446.004. REDUCTION PROHIBITED. (a) A county may not
34	34	be penalized with a reduction in traditional transportation funding
35	35	because of the imposition of a method of local option funding under
36	36	this chapter.
37	37	(b) The department may not reduce any allocation of
38	38	traditional transportation funding to any of its districts because
39	39	a district contains a county that imposes a method of local option
40	40	funding under this chapter.
41	41	Sec. 446.005. CALLING OF ELECTION. (a) The commissioners
42	42	court of a county by order may call an election on the issue of
43	43	authorizing one or more methods under Section 446.008 for one or
44	44	more mobility or transportation improvement projects located in the
45	45	county, including passenger rail, transit, freight rail, and
46	46	roadway projects.
47	47	(b) The commissioners court shall call an election on the
48	48	issue described by Subsection (a) on receipt of:
49	49	(1) a resolution requesting that the election be
50	50	called adopted by the governing body of one or more municipalities
51	51	that:
52	52	(A) are located in the county; and
53	53	(B) alone or together contain at least 60 percent
54	54	of the county's total population.
55	55	(c) The commissioners court may adopt an order under this
56	56	section only after holding a public hearing on the issue.
57	57	Sec. 446.006. ELECTION AND BALLOT LANGUAGE. (a) An order
58	58	under Section 446.005 calling an election must:
59	59	(1) specify each proposed method authorized by this
60	60	chapter that the county intends to use to fund a mobility or
61	61	transportation improvement project;
62	62	(2) for each specified method, list the proposed rate
63	63	or amount of the method to be used to fund capital construction of a
64	64	mobility or transportation improvement project and, if applicable,
65	65	a separate and corresponding proposed rate or amount for
66	66	maintenance and operation of the project;
67	67	(3) list and generally describe the proposed mobility
68	68	or transportation improvement project to be constructed with each
69	69	specified method;
70	70	(4) list the estimated cost of and completion date for
71	71	the capital construction of each proposed mobility or
72	72	transportation improvement project;
73	73	(5) if more than one mobility or transportation
74	74	improvement project is proposed, specify the sequence and order in
75	75	which the projects will be initiated and completed; and
76	76	(6) list a non-binding date on which the proposed rate
77	77	or amount for the capital construction of a mobility or
78	78	transportation improvement project is expected to expire.
79	79	(b) The ballot at an election held under this section must
80	80	be printed to permit voting for or against the proposition:
81	81	"Authorizing _______ (insert name of county) to _______ (insert a
82	82	general and brief description of each proposed mobility or
83	83	transportation improvement project) and to impose a _______ (insert
84	84	each method of funding proposed for capital construction) at the
85	85	rate or amount of _______ (insert each proposed rate or amount
86	86	individually) for the purpose of financing the construction of the
87	87	project and to impose a _______ (insert each method of funding
88	88	proposed to be used exclusively for maintenance and operation, if
89	89	applicable) at the rate or amount of _______ (insert proposed rate
90	90	or amount) for the continuing maintenance and operation of the
91	91	project. Construction of the project is estimated to be completed
92	92	by the year _______ and the _______ (insert each method of funding
93	93	proposed for capital construction) is expected to expire in the
94	94	year _______ (list the year any bonds are expected to be retired)".
95	95	(If more than one project is proposed on the ballot, insert name of
96	96	the project to be completed first) _______ will be completed first,
97	97	followed by _______ (insert name of project to be completed next
98	98	until all projects listed on the ballot are listed in the order in
99	99	which they will be completed).
100	100	(c) Section 334.025 applies to an election called under
101	101	Section 446.005.
102	102	(d) An election called under Section 446.005 must be held on
103	103	a uniform election date in May or November or on a general primary
104	104	election date in March.
105	105	(e) Notwithstanding Section 446.005, the commissioners
106	106	court of a county may not call an election under that section within
107	107	12 months of an election previously called under that section.
108	108	(f) If the commissioners court calls an election under this
109	109	section on the receipt of valid resolutions under Section
110	110	446.005(b)(1), the ballot at the election must also state that the
111	111	election was called for that reason.
112	112	Sec. 446.007. PROJECT SELECTION; POLITICAL SUBDIVISION
113	113	EQUITY. (a) Subject to the provisions of Subsection (c), the
114	114	commissioners court of a county shall determine each mobility or
115	115	transportation improvement project to be funded by a method
116	116	authorized by this chapter and called pursuant to Section
117	117	446.005(a).
118	118	(b) Subject to the provisions of Subsection (c), the
119	119	governing body of a municipality shall determine each mobility
120	120	project or transportation improvement project to be funded by a
121	121	method authorized by this chapter and called pursuant to Section
122	122	446.005(b).
123	123	(c) A mobility or transportation improvement project under
124	124	this chapter may be funded only if the project is determined to be
125	125	an improvement of passenger rail, transit, or freight rail mobility
126	126	or a substantial improvement of the roadway system by the
127	127	metropolitan planning organization for the regional transportation
128	128	system in which the county is located. For projects funded by an
129	129	election called pursuant to Section 446.005, the commissioners
130	130	court shall use best efforts to ensure that each project selected
131	131	for inclusion on a ballot has regional significance.
132	132	(d) If a county imposing a method of local option funding
133	133	under this chapter is designated as a nonattainment area within the
134	134	meaning of Section 107(d) of the Clean Air Act (42 U.S.C. Section
135	135	7407), as amended, preference in project selection shall be given
136	136	to projects that:
137	137	(1) are exempt from federal transportation conformity
138	138	requirements as listed in 40 C.F.R. Section 93.126;
139	139	(2) are exempt from regional emissions analyses as
140	140	listed in 40 C.F.R. Section 93.127; or
141	141	(3) demonstrate quantifiable vehicle emission
142	142	reductions.
143	143	Sec. 446.008. METHOD OF FUNDING. (a) A proposition placed
144	144	on a ballot under Section 446.006 may include any combination of the
145	145	following methods of funding:
146	146	(1) a county tax on the sale of motor vehicle fuel as
147	147	annually adjusted under Section 446.013;
148	148	(2) a local option mobility improvement fee, in an
149	149	amount not to exceed $60;
150	150	(3) a parking regulation and management fee in
151	151	addition to current local parking fees in the amount of $.50 per
152	152	hour for meter parking space and $1 per day for each structured
153	153	parking space;
154	154	(4) an annual motor vehicle emissions fee based on the
155	155	amount of pollutants released by a vehicle, not to exceed $20;
156	156	(5) a fee for the renewal of a driver's license issued
157	157	to a county resident equal to the amount of the renewal fee of the
158	158	license under Section 521.421, Transportation Code;
159	159	(6) a new resident roadway impact fee, in an amount not
160	160	to exceed $250; and
161	161	(7) a mileage fee based on the amount of miles traveled
162	162	by a motor vehicle registered to a county resident, not to exceed
163	163	one cent per vehicle mile traveled.
164	164	(b) Chapter 395 does not apply to a fee imposed under
165	165	Subsection (a).
166	166	(c) The local option mobility improvement fee authorized by
167	167	Subsection (a)(2) shall be imposed on each person registering a
168	168	motor vehicle in the county other than a person who initially
169	169	registers a vehicle after acquiring the vehicle.
170	170	(d) The new resident roadway impact fee authorized by
171	171	Subsection (a)(6) shall be imposed on each person registering a
172	172	motor vehicle previously registered in any county not participating
173	173	in the local option transportation fund or another state or country
174	174	and be collected at the time of registration.
175	175	Sec. 446.009. IMPOSITION OF METHOD OF LOCAL OPTION FUNDING;
176	176	LOW-INCOME RELIEF. (a) If a majority of the votes cast in an
177	177	election held under this chapter approve any method or combination
178	178	of methods of local option funding under this chapter, the
179	179	commissioners court of the county by order shall impose and begin
180	180	the collection of the approved method or methods of funding before
181	181	the 91st day after the election date.
182	182	(b) At a minimum, the order imposing the method or methods
183	183	of local option funding shall specify:
184	184	(1) the rate or amount of the method or methods
185	185	approved at the election; and
186	186	(2) the manner in which each method will be
187	187	administered, collected, and enforced.
188	188	(c) Section 502.108, Transportation Code, does not apply to
189	189	money collected under this chapter.
190	190	(d) For any funding method authorized by this chapter except
191	191	a motor fuel tax, the commissioners court, after conducting a
192	192	public hearing, may by order establish an exemption, waiver, or
193	193	partial reduction for individuals of low or moderate income who
194	194	demonstrate significant financial hardship.
195	195	(e) A county may impose and collect a method approved at an
196	196	election held under this chapter and may enter into a contract or
197	197	interlocal agreement to implement the imposition or collection.
198	198	Sec. 446.010. LOCAL OPTION TRANSPORTATION FUND. (a) All
199	199	counties in which a method of local option funding authorized by
200	200	this chapter is imposed, shall participate in a local option
201	201	transportation fund to be administered by the local Metropolitan
202	202	Planning Organization, under whose jurisdiction the county falls.
203	203	(b) The county shall deposit in the local option
204	204	transportation fund the proceeds of any method imposed by the
205	205	county under this chapter and any other money required by law to be
206	206	deposited in the fund.
207	207	(c) The local Metropolitan Planning Organization shall
208	208	establish a separate account in the fund for each approved mobility
209	209	or transportation improvement project or portion thereof and, if
210	210	applicable, a separate account for money to be used to fund
211	211	maintenance and operations of the project.
212	212	(d) Money in the fund is the property of the county
213	213	depositing the money and may be spent only on mobility or
214	214	transportation improvement projects located in the county, except
215	215	that money may be spent on a project located outside the county,
216	216	including a project located on or that serves an airport, if the
217	217	commissioners court or the municipality placing the project on the
218	218	ballot pursuant to Section 446.007 determines that the project
219	219	benefits the region.
220	220	Sec. 446.011. USE OF MONEY IN FUND. (a) The Metropolitan
221	221	Planning Organization may use the money in the local option
222	222	transportation fund to:
223	223	(1) reimburse or pay the costs of planning, acquiring,
224	224	establishing, developing, constructing, or renovating a mobility
225	225	or transportation improvement project for which a method of local
226	226	option funding was imposed under this chapter;
227	227	(2) pay the principal of, interest on, or other costs
228	228	relating to bonds or other obligations, refund bonds, notes or
229	229	other obligations issued by a county, municipality or
230	230	transportation provider for a mobility or transportation
231	231	improvement project for which a method of local option funding was
232	232	imposed under this subchapter;
233	233	(3) refund the costs of operating or maintaining a
234	234	mobility or transportation improvement project for which a method
235	235	of local option funding was imposed under this subchapter operated
236	236	by a transportation provider; or
237	237	(4) enter into a contract or an interlocal agreement
238	238	with a person, including a transportation provider, to:
239	239	(A) provide mobility services for a project for
240	240	which a method was imposed under this chapter, including passenger
241	241	rail facilities and services; and
242	242	(B) implement transportation projects for which
243	243	a method was imposed under this chapter.
244	244	(b) The bonds or other obligations and the proceedings
245	245	authorizing the bonds or other obligations shall be submitted to
246	246	the attorney general for review and approval as required by Chapter
247	247	1202, Government Code.
248	248	(c) The bonds or other obligations must be payable from and
249	249	secured by the money in the local option transportation fund.
250	250	(d) The bonds or other obligations may mature serially or
251	251	otherwise not more than 30 years from the date of issuance.
252	252	(e) The bonds or other obligations are not a debt of and do
253	253	not create a claim for payment against the revenue or property of
254	254	the county other than the revenue sources pledged in connection
255	255	with a mobility or transportation improvement project for which the
256	256	bonds are issued.
257	257	Sec. 446.012. TRANSIT OR TRANSPORTATION AUTHORITY SERVICES
258	258	NOT AUTHORIZED. (a) A county or municipality acting under this
259	259	chapter, may not directly operate or provide passenger rail
260	260	services or any service expressly reserved by a transit authority
261	261	created or operating under Chapter 451, Transportation Code, that
262	262	serves the county.
263	263	(b) This chapter does not authorize the creation of a
264	264	transit or transportation authority.
265	265	Sec. 446.013. ANNUAL RATE CHANGE ACCORDING TO PRODUCER
266	266	PRICE INDEX. (a) In this section:
267	267	(1) "Producer price index" means the producer price
268	268	index for highway and street construction published by the United
269	269	States Department of Labor.
270	270	(2) "Producer price index percentage change" means the
271	271	percentage increase or decrease, not to exceed five percent, in the
272	272	producer price index of a given state fiscal year from the producer
273	273	price index of the preceding state fiscal year.
274	274	(b) On October 1 of each year, the rate of the tax imposed
275	275	under Section 446.008(a)(1) is increased or decreased by an amount
276	276	that is equal to the producer price index percentage change for the
277	277	preceding fiscal year multiplied by the rate of the tax on August 1
278	278	of that year.
279	279	SECTION 2. Section 502.003(a), Transportation Code, is
280	280	amended to read as follows:
281	281	(a) Except as provided by Subsection (b) and by Chapter 446,
282	282	Local Government Code, a political subdivision of this state may
283	283	not require an owner of a motor vehicle to:
284	284	(1) register the vehicle;
285	285	(2) pay a motor vehicle registration fee; or
286	286	(3) pay an occupation tax or license fee in connection
287	287	with a motor vehicle.
288	288	SECTION 3. (a) Except as otherwise provided by this
289	289	section, this Act takes effect January 1, 2010.
290	290	(b) A motor vehicle fuel tax or a vehicle registration fee
291	291	authorized by this Act may be imposed only if the constitutional
292	292	amendment proposed by the 81st Legislature, Regular Session, 2009,
293	293	allowing the expenditure of motor vehicle fuel taxes and vehicle
294	294	registration fees to construct, maintain, and operate passenger
295	295	rail, transit, and freight rail is approved by the voters. If that
296	296	amendment is not approved by the voters, a motor vehicle fuel tax
297	297	and a vehicle registration fee authorized by this Act may not be
298	298	imposed.