Texas 2009 - 81st Regular

Texas Senate Bill SB1263 Compare Versions

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1	1	S.B. No. 1263
2	2
3	3
4	4	AN ACT
5	5	relating to certain mass transit entities.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subsections (e) and (f), Section 451.0611,
8	8	Transportation Code, are amended to read as follows:
9	9	(e) The notice required by Subsection (d)(2) may be included
10	10	in a citation issued to the person under Article 14.06, Code of
11	11	Criminal Procedure, or under Section 451.0612, in connection with
12	12	an offense relating to the nonpayment of the appropriate fare or
13	13	charge for the use of the public transportation system.
14	14	(f) An offense under Subsection (d) is:
15	15	(1) a Class C misdemeanor; and
16	16	(2) not a crime of moral turpitude.
17	17	SECTION 2. Subchapter B, Chapter 451, Transportation Code,
18	18	is amended by adding Section 451.0612 to read as follows:
19	19	Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN
20	20	AUTHORITIES. (a) An authority confirmed before July 1, 1985, in
21	21	which the principal municipality has a population of less than
22	22	750,000 may employ persons to serve as fare enforcement officers to
23	23	enforce the payment of fares for use of the public transportation
24	24	system by:
25	25	(1) requesting and inspecting evidence showing
26	26	payment of the appropriate fare from a person using the public
27	27	transportation system; and
28	28	(2) issuing a citation to a person described by
29	29	Section 451.0611(d)(1).
30	30	(b) Before commencing duties as a fare enforcement officer,
31	31	a person must complete a 40-hour training course approved by the
32	32	authority that is appropriate to the duties required of a fare
33	33	enforcement officer.
34	34	(c) While performing duties, a fare enforcement officer
35	35	shall:
36	36	(1) wear a distinctive uniform that identifies the
37	37	officer as a fare enforcement officer; and
38	38	(2) work under the direction of the authority's
39	39	manager of safety and security.
40	40	(d) A fare enforcement officer may:
41	41	(1) request evidence showing payment of the
42	42	appropriate fare from passengers of the public transportation
43	43	system;
44	44	(2) request personal identification from a passenger
45	45	who does not produce evidence showing payment of the appropriate
46	46	fare on request by the officer;
47	47	(3) request that a passenger leave the public
48	48	transportation system if the passenger does not possess evidence of
49	49	payment of the appropriate fare; and
50	50	(4) file a complaint in the appropriate court that
51	51	charges the person with an offense under Section 451.0611(d).
52	52	(e) A fare enforcement officer may not carry a weapon while
53	53	performing duties under this section.
54	54	(f) A fare enforcement officer is not a peace officer and
55	55	has no authority to enforce a criminal law, other than the authority
56	56	possessed by any other person who is not a peace officer.
57	57	SECTION 3. Subsection (c), Section 451.108, Transportation
58	58	Code, is amended to read as follows:
59	59	(c) A peace officer commissioned under this section, except
60	60	as provided by Subsections (d) and (e), or a peace officer
61	61	contracted for employment by an authority confirmed before July 1,
62	62	1985, in which the principal municipality has a population of less
63	63	than 750,000, may:
64	64	(1) make an arrest in any county in which the transit
65	65	authority system is located as necessary to prevent or abate the
66	66	commission of an offense against the law of this state or a
67	67	political subdivision of this state if the offense or threatened
68	68	offense occurs on or involves the transit authority system;
69	69	(2) make an arrest for an offense involving injury or
70	70	detriment to the transit authority system;
71	71	(3) enforce traffic laws and investigate traffic
72	72	accidents that involve or occur in the transit authority system;
73	73	and
74	74	(4) provide emergency and public safety services to
75	75	the transit authority system or users of the transit authority
76	76	system.
77	77	SECTION 4. Section 451.061, Transportation Code, is amended
78	78	by amending Subsection (d) and adding Subsection (d-1) to read as
79	79	follows:
80	80	(d) Except as provided by Subsection (d-1), the [The] fares,
81	81	tolls, charges, rents, and other compensation established by an
82	82	authority in which the principal municipality has a population of
83	83	less than 1.2 million may not take effect until approved by a
84	84	majority vote of a committee composed of:
85	85	(1) five members of the governing body of the
86	86	principal municipality, selected by that governing body;
87	87	(2) three members of the commissioners court of the
88	88	county having the largest portion of the incorporated territory of
89	89	the principal municipality, selected by that commissioners court;
90	90	and
91	91	(3) three mayors of municipalities, other than the
92	92	principal municipality, located in the authority, selected by:
93	93	(A) the mayors of all the municipalities, except
94	94	the principal municipality, located in the authority; or
95	95	(B) the mayor of the most populous municipality,
96	96	other than the principal municipality, in the case of an authority
97	97	in which the principal municipality has a population of less than
98	98	300,000.
99	99	(d-1) The establishment of or a change to fares, tolls,
100	100	charges, rents, and other compensation by an authority confirmed
101	101	before July 1, 1985, in which the principal municipality has a
102	102	population of less than 750,000, takes effect immediately on
103	103	approval by a majority vote of the board, except that the
104	104	establishment of or a change to a single-ride base fare takes effect
105	105	on the 60th day after the date the board approves the fare or change
106	106	to the fare, unless the policy board of the metropolitan planning
107	107	organization that serves the area of the authority disapproves the
108	108	fare or change to the fare by a majority vote.
109	109	SECTION 5. Section 451.071, Transportation Code, is amended
110	110	by adding Subsections (g) and (h) to read as follows:
111	111	(g) This section does not require the authority to hold a
112	112	referendum on a proposal to enter into a contract or interlocal
113	113	agreement to build, operate, or maintain a fixed rail transit
114	114	system for another entity. Notwithstanding Subsection (d), the
115	115	authority may spend funds of the authority to enter into a contract
116	116	and operate under that contract to build, operate, or maintain a
117	117	fixed rail transit system if the other entity will reimburse the
118	118	authority for the funds.
119	119	(h) A referendum held by a political subdivision, the
120	120	authority, or an entity other than the authority at which funding is
121	121	approved for a fixed rail transit system is considered to meet the
122	122	requirements of Subsections (d) and (e) and Section 451.3625 if the
123	123	notice for the election called by the political subdivision, the
124	124	authority, or other entity contains the description required by
125	125	Subsection (c). The referendum may allow for financial
126	126	participation of more than one political subdivision or entity.
127	127	The authority may only spend funds of the authority if the
128	128	referendum authorizes that expenditure.
129	129	SECTION 6. Subchapter J, Chapter 451, Transportation Code,
130	130	is amended by adding Sections 451.458, 451.459, and 451.460 to read
131	131	as follows:
132	132	Sec. 451.458. INTERNAL AUDITOR. (a) This section applies
133	133	only to an authority confirmed before July 1, 1985, in which the
134	134	principal municipality has a population of less than 750,000.
135	135	(b) The board shall appoint a qualified individual to
136	136	perform internal auditing services for a term of five years. The
137	137	board may remove the auditor only on the affirmative vote of at
138	138	least three-fourths of the members of the board.
139	139	(c) The auditor shall report directly to the board.
140	140	Sec. 451.459. SUNSET REVIEW. (a) An authority confirmed
141	141	before July 1, 1985, in which the principal municipality has a
142	142	population of less than 750,000 is subject to review under Chapter
143	143	325, Government Code (Texas Sunset Act), as if it were a state
144	144	agency but may not be abolished under that chapter. The review
145	145	shall be conducted as if the authority were scheduled to be
146	146	abolished September 1, 2011. In addition, another review shall be
147	147	conducted as if the authority were scheduled to be abolished
148	148	September 1, 2017. The reviews conducted under this section must
149	149	include an assessment of the governance, management, and operating
150	150	structure of the authority and the authority's compliance with the
151	151	duties and requirements placed on it by the legislature.
152	152	(b) The authority shall pay the cost incurred by the Sunset
153	153	Advisory Commission in performing a review of the authority under
154	154	this section. The Sunset Advisory Commission shall determine the
155	155	cost, and the authority shall pay the amount promptly on receipt of
156	156	a statement from the Sunset Advisory Commission detailing the cost.
157	157	Sec. 451.460. ANNUAL REPORT. (a) This section applies
158	158	only to an authority confirmed before July 1, 1985, in which the
159	159	principal municipality has a population of less than 750,000.
160	160	(b) The authority shall provide an annual report to each
161	161	governing body of a municipality or county in the authority
162	162	regarding the status of any financial obligation of the authority
163	163	to the municipality or county.
164	164	SECTION 7. Section 451.5021, Transportation Code, is
165	165	amended by amending Subsections (a), (b), (d), and (e) and adding
166	166	Subsections (b-1), (d-1), (d-2), and (d-3) to read as follows:
167	167	(a) This section applies only to the board of an authority
168	168	created before July 1, 1985, in which the principal municipality
169	169	has a population of less than 750,000 [in which each member of the
170	170	governing body of the principal municipality is elected at large].
171	171	(b) Members of the [The] board [is composed of seven members
172	172	who] are appointed as follows:
173	173	(1) one member, who is an elected official, [two
174	174	members representing the general public] appointed by the
175	175	metropolitan planning organization designated by the governor that
176	176	serves the area of the authority;
177	177	(2) two members, one who must be and one who may be an
178	178	elected official, [two members] appointed by the governing body of
179	179	the principal municipality;
180	180	(3) one member appointed by the commissioners court of
181	181	the principal county;
182	182	(4) one member appointed by the commissioners court of
183	183	the county, excluding the principal county, that has the largest
184	184	population of the counties in the authority [a panel composed of the
185	185	mayors of all the municipalities in the authority located in the
186	186	principal county of the authority, excluding the mayor of the
187	187	principal municipality]; [and]
188	188	(5) one member, who is an elected official, appointed
189	189	by a panel composed of[:
190	190	[(A)] the mayors of all municipalities in the
191	191	authority [located outside the principal county of the authority],
192	192	excluding the mayor of the principal municipality;
193	193	(6) one member, who has at least 10 years of experience
194	194	as a financial or accounting professional, appointed by the
195	195	metropolitan planning organization that serves the area in which
196	196	the authority is located;
197	197	(7) one member, who has at least 10 years of experience
198	198	in an executive-level position in a public or private organization,
199	199	including a governmental entity, appointed by the metropolitan
200	200	planning organization that serves the area in which the authority
201	201	is located; and
202	202	(8) two members appointed by the metropolitan planning
203	203	organization that serves the area in which the authority is
204	204	located, if according to the most recent federal decennial census
205	205	more than 35 percent of the population in the territory of the
206	206	authority resides outside the principal municipality [(B) the
207	207	county judges of the counties having unincorporated area in the
208	208	authority, excluding the county judge of the principal county; and
209	209	[(C) the presiding officer of each municipal
210	210	utility district that:
211	211	[(i) has a majority of its territory
212	212	located outside the principal county; and
213	213	[(ii) is located wholly or partly in the
214	214	authority].
215	215	(b-1) Notwithstanding Section 451.505, members of the board
216	216	serve staggered three-year terms, with the terms of two or three
217	217	members, as applicable, expiring June 1 of each year.
218	218	(d) A person appointed under Subsection (b)(1), (2)
219	219	[(b)(2), (3), (4)], or (5), except as provided by Subsection
220	220	(b)(2):
221	221	(1) must be a member of the governing body:
222	222	(A) of the political subdivision that is entitled
223	223	to make the appointment; or
224	224	(B) over which a member of the panel entitled to
225	225	make an appointment presides;
226	226	(2) vacates the office of board member if the person
227	227	ceases to be a member of the governing body described by Subdivision
228	228	(1);
229	229	(3) serves on the board as an additional duty of the
230	230	office held on the governing body described by Subdivision (1); and
231	231	(4) is not entitled to compensation for serving as a
232	232	member of the board.
233	233	(d-1) At least two members appointed under Subsections
234	234	(b)(1), (6), and (7) must be qualified voters residing in the
235	235	principal municipality.
236	236	(d-2) A person appointed under Subsection (b)(3) must:
237	237	(1) have the person's principal place of occupation or
238	238	employment in the portion of the authority's service area that is
239	239	located in the principal county; or
240	240	(2) be a qualified voter of the principal county.
241	241	(d-3) A person appointed under Subsection (b)(4) must:
242	242	(1) have the person's principal place of occupation or
243	243	employment in the portion of the authority's service area that is
244	244	located in the county, other than the principal county, that has the
245	245	largest population of the counties in the authority; or
246	246	(2) be a qualified voter of the county, other than the
247	247	principal county, that has the largest population of the counties
248	248	in the authority.
249	249	(e) A panel appointing a member under Subsection (b)(5)
250	250	[this section] operates in the manner prescribed by Section
251	251	451.503.
252	252	SECTION 8. Subsection (b), Section 451.505, Transportation
253	253	Code, is amended to read as follows:
254	254	(b) The terms of members of a board are staggered if the
255	255	authority was[:
256	256	[(1)] created before 1980 and has a principal
257	257	municipality with a population of less than 1.2 million[; or
258	258	[(2) confirmed before July 1, 1985, and has a
259	259	principal municipality with a population of less than 750,000].
260	260	SECTION 9. Subsections (g) and (h), Section 451.5021,
261	261	Transportation Code, are repealed.
262	262	SECTION 10. (a) This section applies only to a member of
263	263	the board of a metropolitan rapid transit authority created before
264	264	July 1, 1985, in which the principal municipality has a population
265	265	of 750,000 or less.
266	266	(b) The term of a board member that is scheduled, under the
267	267	law as it existed before the effective date of this Act, to expire:
268	268	(1) after the effective date of this Act but before
269	269	January 1, 2010, is extended to December 31, 2009; and
270	270	(2) on or after January 1, 2010, expires on the date
271	271	the term was scheduled to expire under this law as it existed before
272	272	the effective date of this Act.
273	273	(c) As soon as practicable on or after the effective date of
274	274	this Act, but not later than December 31, 2009, the persons and
275	275	entities specified in Section 451.5021, Transportation Code, as
276	276	amended by this Act, shall appoint the members of the board in
277	277	compliance with that section, as amended, to serve terms that
278	278	begin, as applicable and as subject to Subsection (d) of this
279	279	section:
280	280	(1) January 1, 2010; or
281	281	(2) the day after a term expires under Subdivision
282	282	(2), Subsection (b) of this section.
283	283	(d) A vacancy created because of the expiration of a term
284	284	under Subsection (b) of this section is filled in the following
285	285	manner:
286	286	(1) for a member appointed under Subdivision (1),
287	287	Subsection (b), Section 451.5021, Transportation Code, under the
288	288	law as it existed before the effective date of this Act:
289	289	(A) one vacancy shall be filled by the appointing
290	290	person or entity specified by Subdivision (6), Subsection (b),
291	291	Section 451.5021, Transportation Code, as added by this Act; and
292	292	(B) one vacancy shall be filled by the appointing
293	293	person or entity specified by Subdivision (7), Subsection (b),
294	294	Section 451.5021, Transportation Code, as added by this Act;
295	295	(2) for a member appointed under Subdivision (2),
296	296	Subsection (b), Section 451.5021, Transportation Code, under the
297	297	law as it existed before the effective date of this Act:
298	298	(A) one vacancy shall be filled by the appointing
299	299	person or entity specified by Subdivision (1), Subsection (b),
300	300	Section 451.5021, Transportation Code, as amended by this Act; and
301	301	(B) one vacancy shall be filled by the appointing
302	302	person or entity specified by Subdivision (2), Subsection (b),
303	303	Section 451.5021, Transportation Code, as amended by this Act;
304	304	(3) for a member appointed under Subdivision (3),
305	305	Subsection (b), Section 451.5021, Transportation Code, under the
306	306	law as it existed before the effective date of this Act, the vacancy
307	307	shall be filled by the appointing person or entity specified by
308	308	Subdivision (3), Subsection (b), Section 451.5021, Transportation
309	309	Code, as amended by this Act;
310	310	(4) for a member appointed under Subdivision (4),
311	311	Subsection (b), Section 451.5021, Transportation Code, under the
312	312	law as it existed before the effective date of this Act, the vacancy
313	313	shall be filled by the appointing person or entity specified by
314	314	Subdivision (5), Subsection (b), Section 451.5021, Transportation
315	315	Code, as amended by this Act; and
316	316	(5) for a member appointed under Subdivision (5),
317	317	Subsection (b), Section 451.5021, Transportation Code, under the
318	318	law as it existed before the effective date of this Act, the vacancy
319	319	shall be filled by the appointing person or entity specified by
320	320	Subdivision (4), Subsection (b), Section 451.5021, Transportation
321	321	Code, as amended by this Act.
322	322	(e) The members of the board appointed under Subsection (c)
323	323	of this section shall draw lots to determine which terms of two
324	324	members expire June 1, 2011, which terms of three members expire
325	325	June 1, 2012, and which terms of three members expire June 1, 2013.
326	326	(f) As soon as practicable after the metropolitan planning
327	327	organization specified by Subdivision (8), Subsection (b), Section
328	328	451.5021, Transportation Code, as added by this Act, determines
329	329	that that subdivision applies to the metropolitan rapid transit
330	330	authority, the metropolitan planning organization shall appoint:
331	331	(1) one member of the board of the authority for a term
332	332	to expire June 1, 2011, or, if that date has passed, the following
333	333	six-year anniversary of that date; and
334	334	(2) one member of the board of the authority for a term
335	335	to expire June 1, 2013, or, if that date has passed, the following
336	336	six-year anniversary of that date.
337	337	SECTION 11. This Act takes effect September 1, 2009.
338	338	______________________________ ______________________________
339	339	President of the Senate Speaker of the House
340	340	I hereby certify that S.B. No. 1263 passed the Senate on
341	341	May 18, 2009, by the following vote: Yeas 31, Nays 0;
342	342	May 30, 2009, Senate refused to concur in House amendment and
343	343	requested appointment of Conference Committee; May 30, 2009, House
344	344	granted request of the Senate; May 31, 2009, Senate adopted
345	345	Conference Committee Report by the following vote: Yeas 31,
346	346	Nays 0.
347	347	______________________________
348	348	Secretary of the Senate
349	349	I hereby certify that S.B. No. 1263 passed the House, with
350	350	amendment, on May 27, 2009, by the following vote: Yeas 147,
351	351	Nays 1, one present not voting; May 30, 2009, House granted request
352	352	of the Senate for appointment of Conference Committee;
353	353	May 31, 2009, House adopted Conference Committee Report by the
354	354	following vote: Yeas 143, Nays 0, one present not voting.
355	355	______________________________
356	356	Chief Clerk of the House
357	357	Approved:
358	358	______________________________
359	359	Date
360	360	______________________________
361	361	Governor