Texas 2009 - 81st Regular

Texas House Bill HB4680 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Coleman H.B. No. 4680
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to mass transit authorities
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 451, Transportation Code, is amended by
9	9	adding Subchapter R to read as follows:
10	10	SUBCHAPTER R. URBAN TRANSPORTATION AUTHORITIES
11	11	Sec. 451.901. DEFINITIONS. (a) In this subchapter:
12	12	(1) "Alternate municipality" means a municipality
13	13	that:
14	14	(A) has a population of more than 60,000;
15	15	(B) is located in a metropolitan area the
16	16	principal municipality of which has a population of more than 1.2
17	17	million; and
18	18	(C) is not part of the territory of another
19	19	authority.
20	20	(2) "Authority" means a rapid transit authority
21	21	created under this chapter or under Chapter 141, Acts of the 63rd
22	22	Legislature, Regular Session, 1973.
23	23	(3) "Board" means the governing body of an authority.
24	24	(4) "Mass transit" means the transportation of
25	25	passengers and hand-carried packages or baggage of a passenger by a
26	26	surface, overhead, or underground means of transportation, or a
27	27	combination of those means, including motorbus, trolley coach,
28	28	rail, and suspended overhead rail transportation. The term does
29	29	not include taxicab transportation.
30	30	(5) "Metropolitan area" includes only an area in this
31	31	state that has a population density of not less than 250 persons for
32	32	each square mile and contains not less than 51 percent of the
33	33	incorporated territory of a municipality having a population of
34	34	230,000 or more. The area may contain other municipalities and the
35	35	suburban area and environs of other municipalities.
36	36	(6) "Motor vehicle" includes only a vehicle that is
37	37	self-propelled:
38	38	(A) by an internal combustion engine or motor;
39	39	(B) on two or more wheels; and
40	40	(C) over a roadway other than fixed rails and
41	41	tracks.
42	42	(7) "Principal municipality" means the municipality
43	43	having the largest population in a metropolitan area.
44	44	(8) "Transit authority system" means property:
45	45	(A) owned, rented, leased, controlled, operated,
46	46	or held for mass transit purposes by an authority; and
47	47	(B) situated on property of the authority for
48	48	mass transit purposes, including:
49	49	(i) for an authority created before 1980 in
50	50	which the principal municipality has a population of less than 1.2
51	51	million, public parking areas and facilities; and
52	52	(ii) for an authority in which the
53	53	principal municipality has a population of more than 1.5 million,
54	54	the area in boundaries in which service is provided or supported by
55	55	a general sales and use tax.
56	56	(9) "Transportation disadvantaged" means the elderly,
57	57	persons with disabilities, and low-income individuals.
58	58	(10) "Advanced transportation district" means a
59	59	district created or operating under Subchapter O.
60	60	Sec. 451.902. LIBERAL CONSTRUCTION. This subchapter shall
61	61	be liberally construed to carry out its purposes.
62	62	Sec. 451.903. NATURE OF AUTHORITY
63	63	(a) Subchapter R applies to authorities created after 1985
64	64	in which the principal municipality has a population of more than
65	65	3.3 million.
66	66	SECTION 2. Section 451.07, Transportation Code, is amended
67	67	by adding Section 451.073 to read as follows:
68	68	Sec. 451.073. REFERENDUM FOR RAIL PLAN; CERTAIN
69	69	AUTHORITIES. (a) This section applies only to an authority created
70	70	in 1978, in which the principal municipality has a population of 3.3
71	71	million.
72	72	(b) The authority may hold a referendum on whether the
73	73	authority may expand or increase operations of a fixed rail transit
74	74	system.
75	75	(c) The notice of an election called under this section must
76	76	include a general description of the form of the fixed rail transit
77	77	system, including the general location of any proposed routes.
78	78	(d) If a majority of the votes cast are in favor of the
79	79	proposition, the authority may build and operate the system as
80	80	provided in the notice for the election. If less than a majority of
81	81	the votes cast are in favor of the proposition, the authority may
82	82	not expend funds of the authority to purchase, acquire, construct,
83	83	operate, or maintain any form of a fixed rail transit system unless
84	84	the system is approved by a majority of the votes cast as a
85	85	referendum held by the authority for that purpose.
86	86	SECTION 3. Section 451.058, Transportation Code, is amended
87	87	as follows:
88	88	Sec. 451.058. USE AND ACQUISITION OF PROPERTY OF OTHERS
89	89	SECTION 4. Section 451.059, Transportation Code, is amended
90	90	as follows:
91	91	Sec. 451.059. EMINENT DOMAIN PROCEEDINGS.
92	92	(a) An eminent domain proceeding by an authority in which
93	93	the principal municipality has a population of 3.3 million
94	94	initiated by the adoption by the board of a resolution that:
95	95	(a) (b) An eminent domain proceeding by an authority is
96	96	initiated by the adoption by the board of a resolution that:
97	97	(1) describes the property interest to be acquired by
98	98	the authority;
99	99	(2) declares the public necessity for and interest in
100	100	the acquisition; and
101	101	(3) states that the acquisition is necessary and
102	102	proper for the construction, extension, improvement, or
103	103	development of the transit authority system.
104	104	(b) (c) At least 30 days before the date of the adoption of a
105	105	resolution under Subsection (a), the board shall hold a public
106	106	hearing on the question of the acquisition. The hearing must be
107	107	held at a place convenient to the residents of the area where the
108	108	property to be acquired is located.
109	109	(c) (d) The board shall publish notice of the hearing in a
110	110	newspaper of general circulation in the county where the property
111	111	is located at least once each week for two weeks before the date of
112	112	the hearing.
113	113	(d) (e) A resolution adopted under this section is
114	114	conclusive evidence of the public necessity for the acquisition
115	115	described in the resolution and that the property interest is
116	116	necessary for public use.
117	117	(e) (f) Except as otherwise provided by this chapter,
118	118	Chapter 21, Property Code, applies to an eminent domain proceeding
119	119	by an authority.
120	120	SECTION 5. Section 451.054, Transportation Code, is amended
121	121	as follows:
122	122	Sec. 451.054. GENERAL POWERS OF AUTHORITY
123	123	SECTION 6. Section 451.056, Transportation Code, is amended
124	124	as follows:
125	125	Sec. 451.056. OPERATION OF TRANSIT AUTHORITY SYSTEM.