By: Rodriguez H.B. No. 4432
A BILL TO BE ENTITLED
AN ACT
relating to certain transit authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Section 451.061, Transportation
Code, is amended by adding Subsection (f) to read as follows:
(f) This section does not apply to an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 750,000.
SECTION 2. Subchapter B, Chapter 451, Transportation Code,
is amended by adding Section 451.0612 to read as follows:
Sec. 451.0612. FARES AND OTHER CHARGES: CERTAIN
AUTHORITIES. (a) This section applies to an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 750,000.
(b) An authority shall impose reasonable and
nondiscriminatory fares, tolls, charges, rents, and other
compensation for the use of the transit authority system sufficient
to produce revenue, together with tax revenue received by the
authority, in an amount adequate to:
(1) pay all the expenses necessary to operate and
maintain the transit authority system;
(2) pay when due the principal of and interest on, and
sinking fund and reserve fund payments agreed to be made with
respect to, all bonds that are issued by the authority and payable
in whole or part from the revenue; and
(3) fulfill the terms of any other agreement with the
holders of bonds described by Subdivision (2) or with a person
acting on behalf of the bondholders.
(c) It is intended by this chapter that the compensation
imposed under Subsection (a) and taxes imposed by the authority not
exceed the amounts necessary to produce revenue sufficient to meet
the obligations of the authority under this chapter.
(d) Fares for passenger transportation may be set according
to a zone system or other classification that the authority
determines to be reasonable.
(e) The fares, tolls, charges, rents, and other
compensation imposed by the authority under Subsection (b), and any
changes to such fares, tolls, charges, rents, or other
compensation, must be approved by a majority vote of the board, and
shall take effect immediately upon such approval, except that:
(1) the single-ride base fare established by the board
under Subsection (b) shall take effect 60 days after such board
approval unless, within 60 days of such board approval, the
metropolitan planning organization designated by the governor that
serves the area of the authority shall vote to invalidate such
single-ride base fare; and
(2) any change to the single-ride base fare
established by the board under Subsection (b) shall take effect 60
days after such board approval unless, within 60 days of such board
approval, the metropolitan planning organization designated by the
governor that serves the area of the authority shall vote to
invalidate such change to the single-ride base fare.
SECTION 3. Subchapter K, Section 451.5021, Transportation
Code, is amended to read as follows:
Sec. 451.5021. BOARD COMPOSITION AND APPOINTMENTS; CERTAIN
AUTHORITIES. (a) This section applies only to the board of an
authority created before 1985 in which the principal municipality
has a population of less than 750,000.
(b) The board is composed of seven members.
(c) Board members serve staggered three-years terms that
shall expire on June 1 with no more than three terms expiring
regularly in one calendar year.
(d) If less than 65 percent of the population of the
principal county, excluding the population of the principal
municipality, reside in the authority, the board has two additional
members appointed by the metropolitan planning organization
designated by the governor that serves the area of the authority.
(e) The seven board members under Subsection (b) are
appointed as follows:
(1) one member, who shall at the time of appointment be
an elected official, appointed by the metropolitan planning
organization designated by the governor that serves the area of the
authority;
(2) one member, who shall have no less than ten years
experience working as a financial or accounting professional,
appointed by the metropolitan planning organization designated by
the governor that serves the area of the authority;
(3) one member, who shall have no less than ten years
experience in an executive-level role in a public or private
organization, including any governmental entity, appointed by the
metropolitan planning organization designated by the governor that
serves the area of the authority;
(4) one member appointed by the governing body of the
principal municipality:
(5) one member appointed by agreement of:
(A) the governing body of the principal
municipality; and
(B) the members of the commissioners court of the
principal county;
(6) one member appointed by agreement of:
(A) the governing body of the principal
municipality;
(B) the members of the commissioners court of the
county, other than the principal county, having the largest
population among the counties served by the authority; and
(7) one member appointed by a panel composed of:
(A) the mayors of the municipalities in the
authority, excluding the mayor of the principal municipality in the
authority; and
(B) the county commissioners representing
precincts having unincorporated area in the authority.
(f) At least two of the three persons appointed under
Subsections (e)(1), (e)(2), and (e)(3) must be qualified voters
residing in the principal municipality in the authority.
(g) A person appointed under Subsections (e)(5) and(e)(6)
must:
(1) work in either the principal municipality or
within the territory of the county or counties of which the members
of the commissioners court are entitled to vote on the appointment;
or
(2) be a qualified voter residing in either the
principal municipality or within the territory of the county or
counties of which the members of the commissioners court are
entitled to vote on the appointment.
[in which each member of the governing body of the principal
municipality is elected at large.
[(b) The board is composed of seven members who are
appointed as follows:
[(1) two members representing the general public
appointed by the metropolitan planning organization designated by
the governor that serves the area of the authority;
[(2) two members appointed by the governing body of
the principal municipality;
[(3) one member appointed by the commissioners court
of the principal county;
[(4) one member appointed by a panel composed of the
mayors of all the municipalities in the authority located in the
principal county of the authority, excluding the mayor of the
principal municipality; and
[(5) one member appointed by a panel composed of:
[(A) the mayors of all municipalities in the
authority located outside the principal county of the authority,
excluding the mayor of the principal municipality;
[(B) the county judges of the counties having
unincorporated area in the authority, excluding the county judge of
the principal county; and
[(C) the presiding officer of each municipal
utility district that:
[(i) has a majority of its territory
located outside the principal county; and
[(ii) is located wholly or partly in the
authority.
[(c) Only a member of a metropolitan planning organization
who is an elected officer of a political subdivision in which a tax
of the authority is collected is entitled to vote on an appointment
under Subsection (b)(1).
[(d) A person appointed under Subsection (b)(2), (3), (4),
or (5):
[(1) must be a member of the governing body:
[(A) of the political subdivision that is
entitled to make the appointment; or
[(B) over which a member of the panel entitled to
make an appointment presides;
[(2) vacates the office of board member if the person
ceases to be a member of the governing body described by Subdivision
(1);
[(3) serves on the board as an additional duty of the
office held on the governing body described by Subdivision (1); and
[(4) is not entitled to compensation for serving as a
member of the board.
[(e) A panel appointing a member under this section operates
in the manner prescribed by Section 451.503.
[(f) In this section, "principal county" has the meaning
assigned by Section 451.501(f).
[(g) This section continues to apply to a board the
composition of which was determined under this section,
notwithstanding a change in the method of electing the members of
the governing body of the principal municipality.
[(h) The principal municipality shall make its appointments
to the board so that at least one of the appointees is designated to
represent the interests of the transportation disadvantaged.]
SECTION 4. Section 451.071, Transportation Code is
repealed.
SECTION 5. 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, 2009.