By: Coleman H.B. No. 4680
A BILL TO BE ENTITLED
AN ACT
relating to mass transit authorities
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 451, Transportation Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. URBAN TRANSPORTATION AUTHORITIES
Sec. 451.901. DEFINITIONS. (a) In this subchapter:
(1) "Alternate municipality" means a municipality
that:
(A) has a population of more than 60,000;
(B) is located in a metropolitan area the
principal municipality of which has a population of more than 1.2
million; and
(C) is not part of the territory of another
authority.
(2) "Authority" means a rapid transit authority
created under this chapter or under Chapter 141, Acts of the 63rd
Legislature, Regular Session, 1973.
(3) "Board" means the governing body of an authority.
(4) "Mass transit" means the transportation of
passengers and hand-carried packages or baggage of a passenger by a
surface, overhead, or underground means of transportation, or a
combination of those means, including motorbus, trolley coach,
rail, and suspended overhead rail transportation. The term does
not include taxicab transportation.
(5) "Metropolitan area" includes only an area in this
state that has a population density of not less than 250 persons for
each square mile and contains not less than 51 percent of the
incorporated territory of a municipality having a population of
230,000 or more. The area may contain other municipalities and the
suburban area and environs of other municipalities.
(6) "Motor vehicle" includes only a vehicle that is
self-propelled:
(A) by an internal combustion engine or motor;
(B) on two or more wheels; and
(C) over a roadway other than fixed rails and
tracks.
(7) "Principal municipality" means the municipality
having the largest population in a metropolitan area.
(8) "Transit authority system" means property:
(A) owned, rented, leased, controlled, operated,
or held for mass transit purposes by an authority; and
(B) situated on property of the authority for
mass transit purposes, including:
(i) for an authority created before 1980 in
which the principal municipality has a population of less than 1.2
million, public parking areas and facilities; and
(ii) for an authority in which the
principal municipality has a population of more than 1.5 million,
the area in boundaries in which service is provided or supported by
a general sales and use tax.
(9) "Transportation disadvantaged" means the elderly,
persons with disabilities, and low-income individuals.
(10) "Advanced transportation district" means a
district created or operating under Subchapter O.
Sec. 451.902. LIBERAL CONSTRUCTION. This subchapter shall
be liberally construed to carry out its purposes.
Sec. 451.903. NATURE OF AUTHORITY
(a) Subchapter R applies to authorities created after 1985
in which the principal municipality has a population of more than
3.3 million.
SECTION 2. Section 451.07, Transportation Code, is amended
by adding Section 451.073 to read as follows:
Sec. 451.073. REFERENDUM FOR RAIL PLAN; CERTAIN
AUTHORITIES. (a) This section applies only to an authority created
in 1978, in which the principal municipality has a population of 3.3
million.
(b) The authority may hold a referendum on whether the
authority may expand or increase operations of a fixed rail transit
system.
(c) The notice of an election called under this section must
include a general description of the form of the fixed rail transit
system, including the general location of any proposed routes.
(d) If a majority of the votes cast are in favor of the
proposition, the authority may build and operate the system as
provided in the notice for the election. If less than a majority of
the votes cast are in favor of the proposition, the authority may
not expend funds of the authority to purchase, acquire, construct,
operate, or maintain any form of a fixed rail transit system unless
the system is approved by a majority of the votes cast as a
referendum held by the authority for that purpose.
SECTION 3. Section 451.058, Transportation Code, is amended
as follows:
Sec. 451.058. USE AND ACQUISITION OF PROPERTY OF OTHERS
SECTION 4. Section 451.059, Transportation Code, is amended
as follows:
Sec. 451.059. EMINENT DOMAIN PROCEEDINGS.
(a) An eminent domain proceeding by an authority in which
the principal municipality has a population of 3.3 million
initiated by the adoption by the board of a resolution that:
(a) (b) An eminent domain proceeding by an authority is
initiated by the adoption by the board of a resolution that:
(1) describes the property interest to be acquired by
the authority;
(2) declares the public necessity for and interest in
the acquisition; and
(3) states that the acquisition is necessary and
proper for the construction, extension, improvement, or
development of the transit authority system.
(b) (c) At least 30 days before the date of the adoption of a
resolution under Subsection (a), the board shall hold a public
hearing on the question of the acquisition. The hearing must be
held at a place convenient to the residents of the area where the
property to be acquired is located.
(c) (d) The board shall publish notice of the hearing in a
newspaper of general circulation in the county where the property
is located at least once each week for two weeks before the date of
the hearing.
(d) (e) A resolution adopted under this section is
conclusive evidence of the public necessity for the acquisition
described in the resolution and that the property interest is
necessary for public use.
(e) (f) Except as otherwise provided by this chapter,
Chapter 21, Property Code, applies to an eminent domain proceeding
by an authority.
SECTION 5. Section 451.054, Transportation Code, is amended
as follows:
Sec. 451.054. GENERAL POWERS OF AUTHORITY
SECTION 6. Section 451.056, Transportation Code, is amended
as follows:
Sec. 451.056. OPERATION OF TRANSIT AUTHORITY SYSTEM.