By: Rodriguez H.B. No. 3448
A BILL TO BE ENTITLED
AN ACT
relating to local options regarding transportation and mobility
improvement projects in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 14, Local Government Code, is
amended by adding Chapter 446 to read as follows:
CHAPTER 446. LOCAL OPTIONS FOR TRANSPORTATION PROJECTS
Sec. 446.001. SHORT TITLE. This chapter may be cited as the
Texas Local Option Transportation Act.
Sec. 446.002. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of
Transportation.
(2) "Metropolitan planning organization" has the
meaning assigned by Section 472.031, Transportation Code.
(3) "Transportation Provider" means a transit agency
created or operating under Chapter 451, Transportation Code,
transportation authority, regional mobility authority, city or
county.
Sec. 446.003. APPLICABILITY OF CHAPTER. This chapter
applies only to a region served by a metropolitan planning
organization with jurisdiction over a region in which:
(1) the principal municipality has a population of
more than 650,000;
(2) all members of the governing body of the principal
municipality are elected on an at-large basis;
(3) a regional mobility authority has been created for
the county in which the principal municipality is located under
Chapter 370, Transportation Code.
Sec. 446.004. REDUCTION PROHIBITED. (a) A county may not
be penalized with a reduction in traditional transportation funding
because of the imposition of a method of local option funding under
this chapter.
(b) The department may not reduce any allocation of
traditional transportation funding to any of its districts because
a district contains a county that imposes a method of local option
funding under this chapter.
Sec. 446.005. CALLING OF ELECTION. (a) The commissioners
court of a county by order may call an election on the issue of
authorizing one or more methods under Section 446.008 for one or
more mobility or transportation improvement projects located in the
county, including passenger rail, transit, freight rail, and
roadway projects.
(b) The commissioners court shall call an election on the
issue described by Subsection (a) on receipt of:
(1) a resolution requesting that the election be
called adopted by the governing body of one or more municipalities
that:
(A) are located in the county; and
(B) alone or together contain at least 60 percent
of the county's total population.
(c) The commissioners court may adopt an order under this
section only after holding a public hearing on the issue.
Sec. 446.006. ELECTION AND BALLOT LANGUAGE. (a) An order
under Section 446.005 calling an election must:
(1) specify each proposed method authorized by this
chapter that the county intends to use to fund a mobility or
transportation improvement project;
(2) for each specified method, list the proposed rate
or amount of the method to be used to fund capital construction of a
mobility or transportation improvement project and, if applicable,
a separate and corresponding proposed rate or amount for
maintenance and operation of the project;
(3) list and generally describe the proposed mobility
or transportation improvement project to be constructed with each
specified method;
(4) list the estimated cost of and completion date for
the capital construction of each proposed mobility or
transportation improvement project;
(5) if more than one mobility or transportation
improvement project is proposed, specify the sequence and order in
which the projects will be initiated and completed; and
(6) list a non-binding date on which the proposed rate
or amount for the capital construction of a mobility or
transportation improvement project is expected to expire.
(b) The ballot at an election held under this section must
be printed to permit voting for or against the proposition:
"Authorizing _______ (insert name of county) to _______ (insert a
general and brief description of each proposed mobility or
transportation improvement project) and to impose a _______ (insert
each method of funding proposed for capital construction) at the
rate or amount of _______ (insert each proposed rate or amount
individually) for the purpose of financing the construction of the
project and to impose a _______ (insert each method of funding
proposed to be used exclusively for maintenance and operation, if
applicable) at the rate or amount of _______ (insert proposed rate
or amount) for the continuing maintenance and operation of the
project. Construction of the project is estimated to be completed
by the year _______ and the _______ (insert each method of funding
proposed for capital construction) is expected to expire in the
year _______ (list the year any bonds are expected to be retired)".
(If more than one project is proposed on the ballot, insert name of
the project to be completed first) _______ will be completed first,
followed by _______ (insert name of project to be completed next
until all projects listed on the ballot are listed in the order in
which they will be completed).
(c) Section 334.025 applies to an election called under
Section 446.005.
(d) An election called under Section 446.005 must be held on
a uniform election date in May or November or on a general primary
election date in March.
(e) Notwithstanding Section 446.005, the commissioners
court of a county may not call an election under that section within
12 months of an election previously called under that section.
(f) If the commissioners court calls an election under this
section on the receipt of valid resolutions under Section
446.005(b)(1), the ballot at the election must also state that the
election was called for that reason.
Sec. 446.007. PROJECT SELECTION; POLITICAL SUBDIVISION
EQUITY. (a) Subject to the provisions of Subsection (c), the
commissioners court of a county shall determine each mobility or
transportation improvement project to be funded by a method
authorized by this chapter and called pursuant to Section
446.005(a).
(b) Subject to the provisions of Subsection (c), the
governing body of a municipality shall determine each mobility
project or transportation improvement project to be funded by a
method authorized by this chapter and called pursuant to Section
446.005(b).
(c) A mobility or transportation improvement project under
this chapter may be funded only if the project is determined to be
an improvement of passenger rail, transit, or freight rail mobility
or a substantial improvement of the roadway system by the
metropolitan planning organization for the regional transportation
system in which the county is located. For projects funded by an
election called pursuant to Section 446.005, the commissioners
court shall use best efforts to ensure that each project selected
for inclusion on a ballot has regional significance.
(d) If a county imposing a method of local option funding
under this chapter is designated as a nonattainment area within the
meaning of Section 107(d) of the Clean Air Act (42 U.S.C. Section
7407), as amended, preference in project selection shall be given
to projects that:
(1) are exempt from federal transportation conformity
requirements as listed in 40 C.F.R. Section 93.126;
(2) are exempt from regional emissions analyses as
listed in 40 C.F.R. Section 93.127; or
(3) demonstrate quantifiable vehicle emission
reductions.
Sec. 446.008. METHOD OF FUNDING. (a) A proposition placed
on a ballot under Section 446.006 may include any combination of the
following methods of funding:
(1) a county tax on the sale of motor vehicle fuel as
annually adjusted under Section 446.013;
(2) a local option mobility improvement fee, in an
amount not to exceed $60;
(3) a parking regulation and management fee in
addition to current local parking fees in the amount of $.50 per
hour for meter parking space and $1 per day for each structured
parking space;
(4) an annual motor vehicle emissions fee based on the
amount of pollutants released by a vehicle, not to exceed $20;
(5) a fee for the renewal of a driver's license issued
to a county resident equal to the amount of the renewal fee of the
license under Section 521.421, Transportation Code;
(6) a new resident roadway impact fee, in an amount not
to exceed $250; and
(7) a mileage fee based on the amount of miles traveled
by a motor vehicle registered to a county resident, not to exceed
one cent per vehicle mile traveled.
(b) Chapter 395 does not apply to a fee imposed under
Subsection (a).
(c) The local option mobility improvement fee authorized by
Subsection (a)(2) shall be imposed on each person registering a
motor vehicle in the county other than a person who initially
registers a vehicle after acquiring the vehicle.
(d) The new resident roadway impact fee authorized by
Subsection (a)(6) shall be imposed on each person registering a
motor vehicle previously registered in any county not participating
in the local option transportation fund or another state or country
and be collected at the time of registration.
Sec. 446.009. IMPOSITION OF METHOD OF LOCAL OPTION FUNDING;
LOW-INCOME RELIEF. (a) If a majority of the votes cast in an
election held under this chapter approve any method or combination
of methods of local option funding under this chapter, the
commissioners court of the county by order shall impose and begin
the collection of the approved method or methods of funding before
the 91st day after the election date.
(b) At a minimum, the order imposing the method or methods
of local option funding shall specify:
(1) the rate or amount of the method or methods
approved at the election; and
(2) the manner in which each method will be
administered, collected, and enforced.
(c) Section 502.108, Transportation Code, does not apply to
money collected under this chapter.
(d) For any funding method authorized by this chapter except
a motor fuel tax, the commissioners court, after conducting a
public hearing, may by order establish an exemption, waiver, or
partial reduction for individuals of low or moderate income who
demonstrate significant financial hardship.
(e) A county may impose and collect a method approved at an
election held under this chapter and may enter into a contract or
interlocal agreement to implement the imposition or collection.
Sec. 446.010. LOCAL OPTION TRANSPORTATION FUND. (a) All
counties in which a method of local option funding authorized by
this chapter is imposed, shall participate in a local option
transportation fund to be administered by the local Metropolitan
Planning Organization, under whose jurisdiction the county falls.
(b) The county shall deposit in the local option
transportation fund the proceeds of any method imposed by the
county under this chapter and any other money required by law to be
deposited in the fund.
(c) The local Metropolitan Planning Organization shall
establish a separate account in the fund for each approved mobility
or transportation improvement project or portion thereof and, if
applicable, a separate account for money to be used to fund
maintenance and operations of the project.
(d) Money in the fund is the property of the county
depositing the money and may be spent only on mobility or
transportation improvement projects located in the county, except
that money may be spent on a project located outside the county,
including a project located on or that serves an airport, if the
commissioners court or the municipality placing the project on the
ballot pursuant to Section 446.007 determines that the project
benefits the region.
Sec. 446.011. USE OF MONEY IN FUND. (a) The Metropolitan
Planning Organization may use the money in the local option
transportation fund to:
(1) reimburse or pay the costs of planning, acquiring,
establishing, developing, constructing, or renovating a mobility
or transportation improvement project for which a method of local
option funding was imposed under this chapter;
(2) pay the principal of, interest on, or other costs
relating to bonds or other obligations, refund bonds, notes or
other obligations issued by a county, municipality or
transportation provider for a mobility or transportation
improvement project for which a method of local option funding was
imposed under this subchapter;
(3) refund the costs of operating or maintaining a
mobility or transportation improvement project for which a method
of local option funding was imposed under this subchapter operated
by a transportation provider; or
(4) enter into a contract or an interlocal agreement
with a person, including a transportation provider, to:
(A) provide mobility services for a project for
which a method was imposed under this chapter, including passenger
rail facilities and services; and
(B) implement transportation projects for which
a method was imposed under this chapter.
(b) The bonds or other obligations and the proceedings
authorizing the bonds or other obligations shall be submitted to
the attorney general for review and approval as required by Chapter
1202, Government Code.
(c) The bonds or other obligations must be payable from and
secured by the money in the local option transportation fund.
(d) The bonds or other obligations may mature serially or
otherwise not more than 30 years from the date of issuance.
(e) The bonds or other obligations are not a debt of and do
not create a claim for payment against the revenue or property of
the county other than the revenue sources pledged in connection
with a mobility or transportation improvement project for which the
bonds are issued.
Sec. 446.012. TRANSIT OR TRANSPORTATION AUTHORITY SERVICES
NOT AUTHORIZED. (a) A county or municipality acting under this
chapter, may not directly operate or provide passenger rail
services or any service expressly reserved by a transit authority
created or operating under Chapter 451, Transportation Code, that
serves the county.
(b) This chapter does not authorize the creation of a
transit or transportation authority.
Sec. 446.013. ANNUAL RATE CHANGE ACCORDING TO PRODUCER
PRICE INDEX. (a) In this section:
(1) "Producer price index" means the producer price
index for highway and street construction published by the United
States Department of Labor.
(2) "Producer price index percentage change" means the
percentage increase or decrease, not to exceed five percent, in the
producer price index of a given state fiscal year from the producer
price index of the preceding state fiscal year.
(b) On October 1 of each year, the rate of the tax imposed
under Section 446.008(a)(1) is increased or decreased by an amount
that is equal to the producer price index percentage change for the
preceding fiscal year multiplied by the rate of the tax on August 1
of that year.
SECTION 2. Section 502.003(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b) and by Chapter 446,
Local Government Code, a political subdivision of this state may
not require an owner of a motor vehicle to:
(1) register the vehicle;
(2) pay a motor vehicle registration fee; or
(3) pay an occupation tax or license fee in connection
with a motor vehicle.
SECTION 3. (a) Except as otherwise provided by this
section, this Act takes effect January 1, 2010.
(b) A motor vehicle fuel tax or a vehicle registration fee
authorized by this Act may be imposed only if the constitutional
amendment proposed by the 81st Legislature, Regular Session, 2009,
allowing the expenditure of motor vehicle fuel taxes and vehicle
registration fees to construct, maintain, and operate passenger
rail, transit, and freight rail is approved by the voters. If that
amendment is not approved by the voters, a motor vehicle fuel tax
and a vehicle registration fee authorized by this Act may not be
imposed.