81R8101 MTB-D
By: Truitt H.B. No. 9
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.
Sec. 446.003. APPLICABILITY OF CHAPTER. This chapter
applies only to a county:
(1) that is located in a region served by a
metropolitan planning organization that serves two adjacent
counties that each have a population of one million or more; and
(2) for which a regional mobility authority has been
created under Chapter 370, Transportation Code, and in which the
principal municipality has a population of more than 600,000.
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, roadway, and freight
rail 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 bodies of at least two
municipalities that:
(A) are located partially or completely in the
county; and
(B) contain at least 60 percent of the county's
total population; or
(2) a petition requesting that the election be called
signed by a number of registered voters of the county equal to at
least 10 percent of the total number of votes cast in the county for
all candidates for governor in the most recent gubernatorial
general election.
(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 the 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.
Sec. 446.007. PROJECT SELECTION; POLITICAL SUBDIVISION
EQUITY. (a) Except as provided by Subsection (b), the
commissioners court of a county shall determine each mobility or
transportation improvement project to be funded by a method
authorized by this chapter.
(b) The commissioners court may fund a mobility or
transportation improvement project under this chapter only if the
project is determined to be necessary and appropriate by the
metropolitan planning organization for the region in which the
county is located. The commissioners court shall use best efforts
to ensure that each project selected for inclusion on a ballot
benefits contributing political subdivisions in approximate
proportion to the amount of revenue collected from each method of
local option funding in the political subdivision.
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, at
a rate not to exceed 10 cents per gallon and 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 the
amount of $1 per hour per vehicle use of a parking space;
(4) an annual motor vehicle emissions fee based on the
amount of pollutants released by a vehicle, not to exceed $15;
(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; and
(6) a new resident roadway impact fee, in an amount not
to exceed $250.
(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 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) A county may not impose a method of local option funding
after bonds or other obligations are paid in full.
(d) Section 502.108, Transportation Code, does not apply to
money collected under this chapter.
(e) For any method authorized by this chapter, 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.
(f) 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) A
county in which a method of local option funding authorized by this
chapter is imposed by order shall establish a local option
transportation fund.
(b) The county shall deposit in the 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 county shall establish a separate account in the
fund for each method imposed for a mobility or transportation
improvement project 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 the commissioners court of a county by order may authorize
money to be spent on a project located outside the county, including
a project located on or that serves an airport, if the court
determines that the project benefits the region and selects the
project under Section 446.007.
Sec. 446.011. USE OF MONEY IN FUND. (a) A county may use
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 issued by the county or to
refund bonds, notes, or other obligations issued by a transit or
transportation authority created or operating under Chapter 451,
452, or 460, Transportation Code, for a mobility or transportation
improvement project for which a method of local option funding was
imposed under this chapter;
(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 chapter operated by a
transit or transportation authority created or operating under
Chapter 451, 452, or 460, Transportation Code; or
(4) enter into a contract or an interlocal agreement
with a person, including a transportation authority or
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, including
roadways, 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, acting under this chapter, may not
directly operate or provide passenger rail services or any service
expressly reserved by a transit or transportation authority created
or operating under Chapter 451, 452, or 460, 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. This Act takes effect January 1, 2010.