S.B. No. 1263
AN ACT
relating to certain mass transit entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (e) and (f), Section 451.0611,
Transportation Code, are amended to read as follows:
(e) The notice required by Subsection (d)(2) may be included
in a citation issued to the person under Article 14.06, Code of
Criminal Procedure, or under Section 451.0612, in connection with
an offense relating to the nonpayment of the appropriate fare or
charge for the use of the public transportation system.
(f) An offense under Subsection (d) is:
(1) a Class C misdemeanor; and
(2) not a crime of moral turpitude.
SECTION 2. Subchapter B, Chapter 451, Transportation Code,
is amended by adding Section 451.0612 to read as follows:
Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN
AUTHORITIES. (a) An authority confirmed before July 1, 1985, in
which the principal municipality has a population of less than
750,000 may employ persons to serve as fare enforcement officers to
enforce the payment of fares for use of the public transportation
system by:
(1) requesting and inspecting evidence showing
payment of the appropriate fare from a person using the public
transportation system; and
(2) issuing a citation to a person described by
Section 451.0611(d)(1).
(b) Before commencing duties as a fare enforcement officer,
a person must complete a 40-hour training course approved by the
authority that is appropriate to the duties required of a fare
enforcement officer.
(c) While performing duties, a fare enforcement officer
shall:
(1) wear a distinctive uniform that identifies the
officer as a fare enforcement officer; and
(2) work under the direction of the authority's
manager of safety and security.
(d) A fare enforcement officer may:
(1) request evidence showing payment of the
appropriate fare from passengers of the public transportation
system;
(2) request personal identification from a passenger
who does not produce evidence showing payment of the appropriate
fare on request by the officer;
(3) request that a passenger leave the public
transportation system if the passenger does not possess evidence of
payment of the appropriate fare; and
(4) file a complaint in the appropriate court that
charges the person with an offense under Section 451.0611(d).
(e) A fare enforcement officer may not carry a weapon while
performing duties under this section.
(f) A fare enforcement officer is not a peace officer and
has no authority to enforce a criminal law, other than the authority
possessed by any other person who is not a peace officer.
SECTION 3. Subsection (c), Section 451.108, Transportation
Code, is amended to read as follows:
(c) A peace officer commissioned under this section, except
as provided by Subsections (d) and (e), or a peace officer
contracted for employment by an authority confirmed before July 1,
1985, in which the principal municipality has a population of less
than 750,000, may:
(1) make an arrest in any county in which the transit
authority system is located as necessary to prevent or abate the
commission of an offense against the law of this state or a
political subdivision of this state if the offense or threatened
offense occurs on or involves the transit authority system;
(2) make an arrest for an offense involving injury or
detriment to the transit authority system;
(3) enforce traffic laws and investigate traffic
accidents that involve or occur in the transit authority system;
and
(4) provide emergency and public safety services to
the transit authority system or users of the transit authority
system.
SECTION 4. Section 451.061, Transportation Code, is amended
by amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) Except as provided by Subsection (d-1), the [The] fares,
tolls, charges, rents, and other compensation established by an
authority in which the principal municipality has a population of
less than 1.2 million may not take effect until approved by a
majority vote of a committee composed of:
(1) five members of the governing body of the
principal municipality, selected by that governing body;
(2) three members of the commissioners court of the
county having the largest portion of the incorporated territory of
the principal municipality, selected by that commissioners court;
and
(3) three mayors of municipalities, other than the
principal municipality, located in the authority, selected by:
(A) the mayors of all the municipalities, except
the principal municipality, located in the authority; or
(B) the mayor of the most populous municipality,
other than the principal municipality, in the case of an authority
in which the principal municipality has a population of less than
300,000.
(d-1) The establishment of or a change to fares, tolls,
charges, rents, and other compensation by an authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 750,000, takes effect immediately on
approval by a majority vote of the board, except that the
establishment of or a change to a single-ride base fare takes effect
on the 60th day after the date the board approves the fare or change
to the fare, unless the policy board of the metropolitan planning
organization that serves the area of the authority disapproves the
fare or change to the fare by a majority vote.
SECTION 5. Section 451.071, Transportation Code, is amended
by adding Subsections (g) and (h) to read as follows:
(g) This section does not require the authority to hold a
referendum on a proposal to enter into a contract or interlocal
agreement to build, operate, or maintain a fixed rail transit
system for another entity. Notwithstanding Subsection (d), the
authority may spend funds of the authority to enter into a contract
and operate under that contract to build, operate, or maintain a
fixed rail transit system if the other entity will reimburse the
authority for the funds.
(h) A referendum held by a political subdivision, the
authority, or an entity other than the authority at which funding is
approved for a fixed rail transit system is considered to meet the
requirements of Subsections (d) and (e) and Section 451.3625 if the
notice for the election called by the political subdivision, the
authority, or other entity contains the description required by
Subsection (c). The referendum may allow for financial
participation of more than one political subdivision or entity.
The authority may only spend funds of the authority if the
referendum authorizes that expenditure.
SECTION 6. Subchapter J, Chapter 451, Transportation Code,
is amended by adding Sections 451.458, 451.459, and 451.460 to read
as follows:
Sec. 451.458. INTERNAL AUDITOR. (a) This section applies
only to an authority confirmed before July 1, 1985, in which the
principal municipality has a population of less than 750,000.
(b) The board shall appoint a qualified individual to
perform internal auditing services for a term of five years. The
board may remove the auditor only on the affirmative vote of at
least three-fourths of the members of the board.
(c) The auditor shall report directly to the board.
Sec. 451.459. SUNSET REVIEW. (a) An authority confirmed
before July 1, 1985, in which the principal municipality has a
population of less than 750,000 is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency but may not be abolished under that chapter. The review
shall be conducted as if the authority were scheduled to be
abolished September 1, 2011. In addition, another review shall be
conducted as if the authority were scheduled to be abolished
September 1, 2017. The reviews conducted under this section must
include an assessment of the governance, management, and operating
structure of the authority and the authority's compliance with the
duties and requirements placed on it by the legislature.
(b) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing a review of the authority under
this section. The Sunset Advisory Commission shall determine the
cost, and the authority shall pay the amount promptly on receipt of
a statement from the Sunset Advisory Commission detailing the cost.
Sec. 451.460. ANNUAL REPORT. (a) This section applies
only to an authority confirmed before July 1, 1985, in which the
principal municipality has a population of less than 750,000.
(b) The authority shall provide an annual report to each
governing body of a municipality or county in the authority
regarding the status of any financial obligation of the authority
to the municipality or county.
SECTION 7. Section 451.5021, Transportation Code, is
amended by amending Subsections (a), (b), (d), and (e) and adding
Subsections (b-1), (d-1), (d-2), and (d-3) to read as follows:
(a) This section applies only to the board of an authority
created before July 1, 1985, in which the principal municipality
has a population of less than 750,000 [in which each member of the
governing body of the principal municipality is elected at large].
(b) Members of the [The] board [is composed of seven members
who] are appointed as follows:
(1) one member, who is an elected official, [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, one who must be and one who may be an
elected official, [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 the commissioners court of
the county, excluding the principal county, that has the largest
population of the counties in the authority [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, who is an elected official, 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;
(6) one member, who has at least 10 years of experience
as a financial or accounting professional, appointed by the
metropolitan planning organization that serves the area in which
the authority is located;
(7) one member, who has at least 10 years of experience
in an executive-level position in a public or private organization,
including a governmental entity, appointed by the metropolitan
planning organization that serves the area in which the authority
is located; and
(8) two members appointed by the metropolitan planning
organization that serves the area in which the authority is
located, if according to the most recent federal decennial census
more than 35 percent of the population in the territory of the
authority resides outside 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].
(b-1) Notwithstanding Section 451.505, members of the board
serve staggered three-year terms, with the terms of two or three
members, as applicable, expiring June 1 of each year.
(d) A person appointed under Subsection (b)(1), (2)
[(b)(2), (3), (4)], or (5), except as provided by Subsection
(b)(2):
(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.
(d-1) At least two members appointed under Subsections
(b)(1), (6), and (7) must be qualified voters residing in the
principal municipality.
(d-2) A person appointed under Subsection (b)(3) must:
(1) have the person's principal place of occupation or
employment in the portion of the authority's service area that is
located in the principal county; or
(2) be a qualified voter of the principal county.
(d-3) A person appointed under Subsection (b)(4) must:
(1) have the person's principal place of occupation or
employment in the portion of the authority's service area that is
located in the county, other than the principal county, that has the
largest population of the counties in the authority; or
(2) be a qualified voter of the county, other than the
principal county, that has the largest population of the counties
in the authority.
(e) A panel appointing a member under Subsection (b)(5)
[this section] operates in the manner prescribed by Section
451.503.
SECTION 8. Subsection (b), Section 451.505, Transportation
Code, is amended to read as follows:
(b) The terms of members of a board are staggered if the
authority was[:
[(1)] created before 1980 and has a principal
municipality with a population of less than 1.2 million[; or
[(2) confirmed before July 1, 1985, and has a
principal municipality with a population of less than 750,000].
SECTION 9. Subsections (g) and (h), Section 451.5021,
Transportation Code, are repealed.
SECTION 10. (a) This section applies only to a member of
the board of a metropolitan rapid transit authority created before
July 1, 1985, in which the principal municipality has a population
of 750,000 or less.
(b) The term of a board member that is scheduled, under the
law as it existed before the effective date of this Act, to expire:
(1) after the effective date of this Act but before
January 1, 2010, is extended to December 31, 2009; and
(2) on or after January 1, 2010, expires on the date
the term was scheduled to expire under this law as it existed before
the effective date of this Act.
(c) As soon as practicable on or after the effective date of
this Act, but not later than December 31, 2009, the persons and
entities specified in Section 451.5021, Transportation Code, as
amended by this Act, shall appoint the members of the board in
compliance with that section, as amended, to serve terms that
begin, as applicable and as subject to Subsection (d) of this
section:
(1) January 1, 2010; or
(2) the day after a term expires under Subdivision
(2), Subsection (b) of this section.
(d) A vacancy created because of the expiration of a term
under Subsection (b) of this section is filled in the following
manner:
(1) for a member appointed under Subdivision (1),
Subsection (b), Section 451.5021, Transportation Code, under the
law as it existed before the effective date of this Act:
(A) one vacancy shall be filled by the appointing
person or entity specified by Subdivision (6), Subsection (b),
Section 451.5021, Transportation Code, as added by this Act; and
(B) one vacancy shall be filled by the appointing
person or entity specified by Subdivision (7), Subsection (b),
Section 451.5021, Transportation Code, as added by this Act;
(2) for a member appointed under Subdivision (2),
Subsection (b), Section 451.5021, Transportation Code, under the
law as it existed before the effective date of this Act:
(A) one vacancy shall be filled by the appointing
person or entity specified by Subdivision (1), Subsection (b),
Section 451.5021, Transportation Code, as amended by this Act; and
(B) one vacancy shall be filled by the appointing
person or entity specified by Subdivision (2), Subsection (b),
Section 451.5021, Transportation Code, as amended by this Act;
(3) for a member appointed under Subdivision (3),
Subsection (b), Section 451.5021, Transportation Code, under the
law as it existed before the effective date of this Act, the vacancy
shall be filled by the appointing person or entity specified by
Subdivision (3), Subsection (b), Section 451.5021, Transportation
Code, as amended by this Act;
(4) for a member appointed under Subdivision (4),
Subsection (b), Section 451.5021, Transportation Code, under the
law as it existed before the effective date of this Act, the vacancy
shall be filled by the appointing person or entity specified by
Subdivision (5), Subsection (b), Section 451.5021, Transportation
Code, as amended by this Act; and
(5) for a member appointed under Subdivision (5),
Subsection (b), Section 451.5021, Transportation Code, under the
law as it existed before the effective date of this Act, the vacancy
shall be filled by the appointing person or entity specified by
Subdivision (4), Subsection (b), Section 451.5021, Transportation
Code, as amended by this Act.
(e) The members of the board appointed under Subsection (c)
of this section shall draw lots to determine which terms of two
members expire June 1, 2011, which terms of three members expire
June 1, 2012, and which terms of three members expire June 1, 2013.
(f) As soon as practicable after the metropolitan planning
organization specified by Subdivision (8), Subsection (b), Section
451.5021, Transportation Code, as added by this Act, determines
that that subdivision applies to the metropolitan rapid transit
authority, the metropolitan planning organization shall appoint:
(1) one member of the board of the authority for a term
to expire June 1, 2011, or, if that date has passed, the following
six-year anniversary of that date; and
(2) one member of the board of the authority for a term
to expire June 1, 2013, or, if that date has passed, the following
six-year anniversary of that date.
SECTION 11. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1263 passed the Senate on
May 18, 2009, by the following vote: Yeas 31, Nays 0;
May 30, 2009, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 30, 2009, House
granted request of the Senate; May 31, 2009, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1263 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 147,
Nays 1, one present not voting; May 30, 2009, House granted request
of the Senate for appointment of Conference Committee;
May 31, 2009, House adopted Conference Committee Report by the
following vote: Yeas 143, Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor