Texas 2009 - 81st Regular

Texas Senate Bill SB1417 Compare Versions

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1	1	By: Shapiro S.B. No. 1417
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to transportation planning and the creation and membership
7	7	of planning organizations and funding allocations for
8	8	transportation projects
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sec. 201.105(a) and (b), Transportation Code are
11	11	amended to read as follows:
12	12	Sec. 201.105. DEPARTMENT DISTRICTS. (a) The commission
13	13	shall divide the state into [not more than] 25 districts for the
14	14	purpose of the performance of the department's duties.
15	15	(b) The [In determining a district's boundaries, the]
16	16	commission shall align the district boundaries along the boundaries
17	17	of the councils of government and consider all costs and benefits,
18	18	including highway activity in determining[and] the number of
19	19	employees required for the districts [proposed district].
20	20	SECTION 2. Subchapter H, Chapter 201, Transportation Code,
21	21	is amended by adding Section 201.6001 to read as follows:
22	22	Sec. 201.6001 DEFINITIONS (a) In this Subchapter:
23	23	(1) "Local government" means a county or municipality.
24	24	(2) "Planning organization" means a metropolitan
25	25	planning organization, a rural planning organization, or the
26	26	department district.
27	27	(3) "Project cost" means the total cost of a
28	28	transportation project including all costs associated with the
29	29	following:
30	30	(A) planning;
31	31	(B) design;
32	32	(C) environmental assessment;
33	33	(D) right-of-way acquisition;
34	34	(E) construction;
35	35	(F) operations;
36	36	(G) maintenance;
37	37	(H) overruns; and
38	38	(I) change orders.
39	39	(4) "Region" means the area of the metropolitan
40	40	planning organization or the area outside the boundaries of the
41	41	metropolitan planning organization that make up the remainder of
42	42	the council of government.
43	43	(5) "Rural planning organization" means a planning
44	44	organization created in accordance with Section 201.6002.
45	45	(6) "Transportation official" means officials from
46	46	other state agencies and political subdivisions that have
47	47	responsibility for the following modes of transportation:
48	48	(A) aviation;
49	49	(B) high-speed railroads;
50	50	(C) highways;
51	51	(D) toll roads;
52	52	(E) mass transportation;
53	53	(F) railroads; and
54	54	(G) water traffic
55	55	(7) "Transportation project" means:
56	56	(A) the planning, right-of-way acquisition,
57	57	expansion, improvement, addition, routine maintenance, contracted
58	58	routine maintenance, or contract maintenance of a:
59	59	(i) bridge
60	60	(ii) highway;
61	61	(iii) toll road or toll road system; or
62	62	(iv) railroad.
63	63	(B) projects which enhance the safety of a
64	64	roadway to the traveling public;
65	65	(C) an air quality improvement initiative;
66	66	(D) an enhancement project in accordance with 23
67	67	U.S.C. 133; or
68	68	(E) mass transportation.
69	69	SECTION 3. Subchapter H, Chapter 201, Transportation Code,
70	70	is amended by adding Section 201.6002 to read as follows:
71	71	Sec. 201.6002. RURAL PLANNING ORGANIZATIONS. (a) To carry
72	72	out the transportation planning process required by this section, a
73	73	rural planning organization may be created that covers all of the
74	74	area that is within the boundaries of a council of government and
75	75	outside the boundaries of a metropolitan planning organization if
76	76	the units of local government that together represent at least 75
77	77	percent of the affected population agree to the creation of the
78	78	organization.
79	79	(b) A rural planning organization is governed by a board of
80	80	directors composed of local elected officials and the district
81	81	engineer of the department district.
82	82	(c) In order for a rural planning organization to be
83	83	eligible to receive funding from the state for transportation
84	84	projects under Section 201.6012, Transportation Code, the make up
85	85	of the voting members of the board must include at least 50 percent
86	86	elected officials, which are elected within the boundaries of the
87	87	rural planning organization.
88	88	(d) As soon as practicable after a rural planning
89	89	organization is created, the organization shall send notice of its
90	90	creation to the commission.
91	91	(e) The department may use money in the state highway fund
92	92	to fund the operations of a rural planning organization subject to
93	93	the limitation set forth in Section 201.6012(h).
94	94	(f) A rural planning organization shall develop
95	95	transportation plans and programs for its service area in
96	96	accordance with Section 201.601.
97	97	(g) A rural planning organization may provide to the
98	98	commission recommendations concerning the selection of
99	99	transportation projects, systems, or programs to be undertaken
100	100	within the boundaries of the rural planning organization.
101	101	(h) In this section "elected official" is defined as mayor,
102	102	county judge, city council member, county commissioner, state
103	103	representative, or state senator.
104	104	SECTION 4. Section 201.601, Transportation Code, is amended
105	105	to read as follows:
106	106	Sec. 201.601. STATEWIDE TRANSPORTATION PROGRAM AND BUDGET
107	107	[PLAN]. (a) On September first of every odd numbered year
108	108	following the legislative session, the Chief Financial Officer
109	109	shall issue a cash flow forecast for each method and category of
110	110	funding which covers a period to include the next ten years. The
111	111	forecast shall identify all sources of funding available for
112	112	transportation projects including bond proceeds. The first two
113	113	years of the forecast shall be based on the appropriation of funds
114	114	in the general appropriations act for the department.
115	115	(b) The Commission shall utilize the cash forecast to
116	116	allocate funding to the department districts in accordance with
117	117	Section 201.6012. The funds shall be deposited into a subaccount
118	118	within the State Highway Fund. The balance of the subaccount shall
119	119	be carried forward from year to year for the benefit of the region.
120	120	(c) The planning organization shall develop a ten year
121	121	transportation plan utilizing the funding allocated to the region.
122	122	The first four years of the plan shall be developed in order to
123	123	fulfill the transportation improvement plan requirements of 23
124	124	U.S.C. 135. The department shall compile the region's project
125	125	selections to develop the statewide transportation plan in
126	126	accordance with 23 U.S.C. 135. If there is a Metropolitan Planning
127	127	Organization within the boundary of the district, it shall select
128	128	projects and order them in priority. In the area outside the
129	129	boundaries of the Metropolitan Planning Organization's the rural
130	130	planning organization shall select projects and order them in
131	131	priority. If the units of local government have not created a rural
132	132	planning organization in accordance with Section 201.6002, the
133	133	district shall select projects with the input from county, city and
134	134	transportation officials and order them in priority. If the
135	135	district selects the projects, the district shall submit them to
136	136	the commission for final approval.
137	137	(d) The process for developing the plans and programs must
138	138	provide for consideration of all modes of transportation and must
139	139	be continuing, cooperative, and comprehensive to the degree
140	140	appropriate, based on the complexity of the transportation problems
141	141	to be addressed.
142	142	(e) A planning organization may also prepare and update
143	143	periodically a long-range transportation plan for its service area.
144	144	The first ten years of the long-range plan shall be identical to the
145	145	plan developed in Subsection (c). Before approving a long-range
146	146	transportation plan, a planning organization shall provide to
147	147	residents within its boundaries, affected public agencies, and
148	148	other interested parties a reasonable opportunity to comment on the
149	149	long-range transportation plan. A planning organization shall make
150	150	each of its long-range transportation plans readily available for
151	151	public review and shall deliver each plan to the commission at the
152	152	times and in the manner established by the commission.
153	153	[(a) The department shall develop a statewide
154	154	transportation plan that contains all modes of transportation,
155	155	including:
156	156	[(1) highways and turnpikes;
157	157	[(2) aviation;
158	158	[(3) mass transportation;
159	159	[(4) railroads and high-speed railroads; and
160	160	[(5) water traffic.]
161	161	(f[b]) In developing the plan, the planning organization
162	162	[department] shall seek opinions and assistance from
163	163	transportation officials [other state agencies and political
164	164	subdivisions that have responsibility for the modes of
165	165	transportation listed by Subsection (a)].
166	166	(g) As appropriate, the department and [such} a planning
167	167	organization [an agency or political subdivision shall] may enter
168	168	into a memorandum of understanding relating to the planning of
169	169	transportation services.
170	170	(h) The department shall review the plans of the planning
171	171	organization to ensure they are in compliance with the requirements
172	172	of 23 U.S.C. 135, and provide assistance to the planning
173	173	organization to correct deficiencies.
174	174	(i[c]) The plan shall be [must include a component that is
175	175	not] financially constrained and identify [identifies] all
176	176	transportation projects and projects for any other mode of
177	177	transportation not included in Section 201.6001(7). [improvements
178	178	designed to relieve congestion. In developing this component of
179	179	the plan, the department shall seek opinions and assistance from
180	180	officials who have local responsibility for modes of transportation
181	181	listed in Subsection (a)].
182	182	(j) The commission shall adopt rules allowing the regions to
183	183	move projects forward or delay projects in the event that there are
184	184	additional or fewer funds available than identified in the cash
185	185	forecast in subsection (a). Adjustments to the plan should not be
186	186	made more than semiannually, unless there are substantial increases
187	187	or decreases in available funding.
188	188	(k [d]) The plan shall include a component, published
189	189	annually, that describes the evaluation of transportation
190	190	improvements based on performance measures, such as indices
191	191	measuring delay reductions or travel time improvements. The
192	192	planning organization [department] shall consider the performance
193	193	measures in selecting transportation improvements.
194	194	(l) The department shall use the planning organizations'
195	195	project lists to create the Statewide Transportation Program and
196	196	Budget. The Statewide Transportation Program and Budget shall
197	197	include at least the:
198	198	(1) department's operating budget,
199	199	(2) official cash forecast from Subsection (a),
200	200	(3) regions' allocations of funds,
201	201	(4) projects selected by the planning organization in
202	202	subsection (c), and
203	203	(5) work plan, as required by Section 201.621.
204	204	(m) The Statewide Transportation Program and Budget shall
205	205	be complete and adopted by June 30 of every even numbered year. The
206	206	commission shall adopt rules to create a process for planning
207	207	organizations to amend the plan from July 1 of every even numbered
208	208	year until August 31 of the following odd numbered year. Amendments
209	209	to the plan may only reorder projects identified in the same region
210	210	subject to Section 201.601(j).
211	211	(n) The commission may adopt rules which allow a region to
212	212	loan funds to another region at the lending region's discretion in
213	213	order to avoid the lapsing of federal appropriations authority.
214	214	The rules must allow the lending region to have a senior position
215	215	with regards to any future allocated funds of the borrowing region.
216	216	The lending region may not charge interest on funds borrowed from
217	217	another region that exceed the current bond rate of outstanding
218	218	State Highway Fund bonds or in the absence of outstanding debt the
219	219	prevailing market rate for comparable municipal debt. The
220	220	commission shall post this rate for all districts. A lending region
221	221	shall not be penalized in their performance measures if they
222	222	successfully negotiate a loan with another region.
223	223	(o) The Statewide Transportation Program and Budget shall
224	224	be organized first by region, then by mode of transportation
225	225	followed by the year of the project. The summary tables of the
226	226	report shall summarize the statewide project cost by mode and then
227	227	by year. The report shall be made available online in accordance
228	228	with Section 201.6013.
229	229	SECTION 5. Subchapter H, Chapter 201, Transportation Code,
230	230	is amended by adding Sections 201.6012, 201.6013, and 201.6014 to
231	231	read as follows:
232	232	Sec. 201.6012 TRANSPORTATION ALLOCATION FUNDING FORMULA.
233	233	(a) The Commission shall adopt rules creating funding formulas for
234	234	transportation projects. In developing the formulas the commission
235	235	shall include the input of planning organizations, transportation
236	236	officials and local government officials.
237	237	(b) All funds received by the department for highways, toll
238	238	roads, or toll road systems which provide the state or the
239	239	department with discretion shall be allocated by formula to each
240	240	region which is based on performance measures and includes at least
241	241	the following criteria:
242	242	(1) center lane miles,
243	243	(2) level of congestion,
244	244	(3) percentage of population below federal poverty
245	245	level,
246	246	(4) population,
247	247	(5) safety, and
248	248	(5) vehicle miles traveled.
249	249	(c) The Commission shall allocate to the regions funding for
250	250	the project cost of all transportation projects. The commission
251	251	shall adopt various formulas for the different types of
252	252	transportation projects. The commission shall adopt rules for all
253	253	transportation formulas.
254	254	(d) The funds allocated to the region in this section may be
255	255	used to:
256	256	(1) fund the project cost, provide toll equity, or
257	257	make payments under a pass-through toll agreement, for
258	258	transportation projects selected by the planning organization;
259	259	(2) pay debt service;
260	260	(3) repay monies borrowed from another region; or
261	261	(4) fund planning organizations' operations in
262	262	accordance with Sections 201.6012(f), 201.6012(g), or 201.6012(h).
263	263	(e) Revenue from Sections 228.005, 228.0055, and 228.006
264	264	shall be allocated in accordance with Transportation Code 228,
265	265	Subchapter B. The funds from Chapter 228 shall not be considered
266	266	revenue allocated by the formula in Subsection (a).
267	267	(f) The allocation of funds shall be encumbered in an amount
268	268	equal to the engineer's estimate of the project cost and reduced by
269	269	the actual project cost at the time payments associated with the
270	270	project are paid.
271	271	(g) If a region elects to utilize bond proceeds to advance a
272	272	project, the allocation of funds shall be encumbered by the annual
273	273	cost of debt service and reduced when debt service payments are
274	274	paid.
275	275	(h) A metropolitan planning organization operating in a
276	276	Metropolitan Management Area as defined by 23 U.S.C 134(k) may
277	277	utilize the allocated funds to pay for the operations cost of the
278	278	planning organization. The amount that may be allocated to pay for
279	279	operations of the planning organization may not exceed the lesser
280	280	of $10 million or ten percent of the regions total funds.
281	281	(i) A metropolitan planning organization as defined by 23
282	282	U.S.C 134(d) may utilize the allocated funds to pay for the
283	283	operations cost of the planning organization. The amount that may
284	284	be allocated to pay for operations of the planning organization may
285	285	not exceed the lesser of $3 million or ten percent of the regions
286	286	total funds.
287	287	(j) A rural planning organization created under 201.6002
288	288	may utilize the allocated funds to pay for the operations cost of
289	289	the planning organization. The amount that may be allocated to pay
290	290	for operations of the planning organization may not exceed the
291	291	lesser of $1 million or ten percent of the regions total funds.
292	292	Sec. 201.6013 COMMISSION EMERGENCY AND ECONOMIC
293	293	DEVELOPMENT FUNDS (a) Notwithstanding Section 201.601(b) the
294	294	commission may choose to set aside an amount of funds not to exceed
295	295	the lesser of ten percent of the total funds allocated to the
296	296	districts or $250 million annually for the purpose of addressing
297	297	emergencies or economic development opportunities that require
298	298	transportation infrastructure. The funds may be carried forward
299	299	from year to year and may not accumulate to exceed an amount equal
300	300	to $1 billion.
301	301	(b) If the commission elects to set aside an amount of funds
302	302	allowed in subsection (a) then the total amount of funds shall be
303	303	reduced by the amount prior to the allocation of funds by the
304	304	formula.
305	305	(c) The funds shall be encumbered in an amount equal to the
306	306	engineer's estimate of the project cost and reduced by the actual
307	307	project cost at the time payments associated with the project are
308	308	paid.
309	309	(d) If the commission elects to utilize bond proceeds to
310	310	advance a project, the funds shall be encumbered by the annual cost
311	311	of debt service and reduced when debt service payments are paid.
312	312	(e) The funds identified in subsection (a) may only be used
313	313	to pay cost overruns and change orders of projects selected under
314	314	this section.
315	315	(f) The commission may only use the funds from subsection
316	316	(a) to make payments for projects funded in accordance with Section
317	317	222.104 or to provide toll equity if the commission selects the
318	318	projects using a competitive project selection process.
319	319	Sec. 201.6014 TRANSPORTATION TRANSPARENCY PROGRAM
320	320	(a) The department shall develop an interactive web based system
321	321	for the tracking of regional allocations and projects. The
322	322	planning organizations shall be granted access to the system
323	323	through a secure site to input projects and the associated project
324	324	costs.
325	325	(b) The system shall provide the planning organization with
326	326	their allocation of funding for the region and the federal and state
327	327	requirements for each source of funding.
328	328	(c) The department shall assign a project number to the
329	329	project that correlates to the region in which the project is
330	330	located.
331	331	(d) The department shall develop standardized reports to
332	332	assist the district engineers and executive staff in tracking the
333	333	efficiency of the project development and to ensure the prudent use
334	334	of funds by the region.
335	335	(e) The system shall be linked to a publicly accessible
336	336	website which enables the tracking of project development and the
337	337	expenditure of funds. Each project shall contain a map identifying
338	338	the location of the project and a report that identifies the
339	339	project, a general scope of work, the allocation of funds
340	340	associated with the project, and a current report of expenditures.
341	341	(f) The web site shall include mapping of projects by
342	342	district to allow easy identification of projects within each
343	343	district.
344	344	SECTION 6. Subchapter H, Chapter 201, Transportation Code,
345	345	is amended by adding Sections 201.621, 201.622, 201.623 to read as
346	346	follows:
347	347	Sec. 201.621. WORK PLAN. (a) Upon completion of the
348	348	ten-year transportation plan in Section 201.601(c), the department
349	349	shall utilize the projects listed to develop a proposed ten-year
350	350	business work plan. The work plan shall be adopted no later than
351	351	August 31 of each even numbered year and include:
352	352	(1) a list of projects for which planning, permitting,
353	353	design, right-of-way acquisition, or construction work will be
354	354	conducted during the period;
355	355	(2) the state fiscal quarter in which key milestones
356	356	for each project will be completed, including environmental
357	357	clearance, completion of final engineering plans, completion of
358	358	right-of-way acquisition, letting to contract, and completion of
359	359	construction; and
360	360	(3) the funding allocated or estimated in each state
361	361	fiscal year for each category of work for each project.
362	362	(b) In addition to the plan required by Subsection (a) and
363	363	other provisions of this chapter, on or before August 31 of each
364	364	odd-numbered year, the department shall finalize a project plan for
365	365	the time period of September 1 of that odd numbered year until
366	366	August 31 of the following odd numbered year. The plan must include
367	367	a project schedule with funding for each phase of each project, a
368	368	consultant acquisition plan with a schedule for contract
369	369	selections, a right-of-way acquisition plan, and a letting plan.
370	370	(c) The department shall develop a set of performance
371	371	measures for the plan described in Subsection (b) intended to
372	372	measure:
373	373	(1) the execution of the work program;
374	374	(2) the efficiency and cost-effectiveness of its
375	375	business practices;
376	376	(3) the preservation of the system investment;
377	377	(4) the addition of new capacity to the system;
378	378	(5) safety initiatives; and
379	379	(6) utilization of minority, disadvantaged, and small
380	380	businesses.
381	381	(d) At a minimum, the performance measures adopted under
382	382	Subsection (c) must include:
383	383	(1) the percentage of projects for which environmental
384	384	clearance is obtained on or before the planned date;
385	385	(2) the number of engineering contracts or work orders
386	386	executed in contrast with the number planned;
387	387	(3) the average time between selection and execution
388	388	of a contract for engineering services;
389	389	(4) the number of right-of-way parcels acquired and
390	390	the number scheduled to be acquired;
391	391	(5) the percentage of projects for which right-of-way
392	392	acquisition is completed on or before the planned date;
393	393	(6) the percentage of parcels acquired through
394	394	negotiation;
395	395	(7) the percentage of negotiated parcels acquired for
396	396	an amount that does not exceed 120 percent of the initial department
397	397	offer;
398	398	(8) the total amount spent for right-of-way as a
399	399	percentage of the original estimated amount;
400	400	(9) the number of construction contracts entered into
401	401	in contrast with the number planned;
402	402	(10) the percentage of construction contracts
403	403	executed on or before the planned letting date;
404	404	(11) the total amount spent for construction contracts
405	405	as a percentage of the original estimated amount;
406	406	(12) for all construction contracts completed during
407	407	the state fiscal year, the percentage completed within 20 percent
408	408	of the original contract time;
409	409	(13) for all construction contracts completed during
410	410	the state fiscal year, the percentage completed within 10 percent
411	411	of the original contract price;
412	412	(14) construction contract adjustments as a
413	413	percentage of original contract price;
414	414	(15) the percentage of bridge structures on the state
415	415	highway system that have a rating of good or excellent;
416	416	(16) the percentage of bridge structures on the state
417	417	highway system that have a posted weight limitation;
418	418	(17) the number of bridge repair contracts let in
419	419	contrast with the number planned;
420	420	(18) the number of bridge replacement contracts let in
421	421	contrast with the number planned;
422	422	(19) the percentage of lane miles on the state highway
423	423	system that have a pavement condition rating of excellent or good;
424	424	(20) the number of lane miles on the state highway
425	425	system that were resurfaced in contrast with the number planned;
426	426	(21) the number of lane miles of capacity improvement
427	427	projects let in contrast with the number planned;
428	428	(22) of the federal funds subject to forfeiture at the
429	429	end of the state fiscal year, the percentage that was committed by
430	430	the department;
431	431	(23) the amounts of cash receipts and disbursements in
432	432	contrast with the forecasted amounts;
433	433	(24) the amount spent in connection with contracts
434	434	with minority business enterprises as a percentage of the amount
435	435	spent on all contracts;
436	436	(25) the number of construction contracts let in
437	437	contrast with the number let in previous state fiscal years;
438	438	(26) the peak hour travel congestion in the seven
439	439	largest metropolitan areas in contrast with previous state fiscal
440	440	years;
441	441	(27) the number of vehicle miles traveled in contrast
442	442	with previous state fiscal years; and
443	443	(28) the number of lane miles added as a percentage of
444	444	the number of previously existing lane miles.
445	445	(e) The department shall consult with the legislative
446	446	oversight committee on transportation in developing the
447	447	performance measures under Subsection (c).
448	448	Sec. 201.622. PERFORMANCE REVIEW. Not later than December
449	449	1 of each odd-numbered year, the commission shall review the
450	450	performance of the department's activities described in Section
451	451	201.621(b) and make the review available to the public. The review
452	452	must include a report on the level of achievement of each
453	453	performance measure listed in Section 201.621(c), statewide and by
454	454	department district, and a status report on each major project
455	455	under development.
456	456	Sec. 201.623. LEGISLATIVE OVERSIGHT COMMITTEE ON
457	457	TRANSPORTATION. (a) In this section, "committee" means the
458	458	legislative oversight committee on transportation.
459	459	(b) The committee is composed of 10 members as follows:
460	460	(1) the chair of the Senate Finance Committee;
461	461	(2) the chair of the House Appropriations Committee;
462	462	(3) the chair of the Senate Transportation and
463	463	Homeland Security Committee;
464	464	(4) the chair of the House Transportation Committee;
465	465	(5) three additional members of the senate appointed
466	466	by the lieutenant governor; and
467	467	(6) three additional members of the house of
468	468	representatives appointed by the speaker of the house of
469	469	representatives.
470	470	(c) The committee shall monitor:
471	471	(1) the implementation of:
472	472	(i) the Statewide Transportation Program
473	473	and Budget,
474	474	(ii) the transportation allocation funding
475	475	formula's,
476	476	(2) the transportation transparency program;
477	477	(3) the development of performance measures under
478	478	Section 201.621(c); and
479	479	(4) other tasks assigned by the lieutenant governor
480	480	and the speaker of the house of representatives.
481	481	(d) This section and Section 201.621(e) expire August 31,
482	482	2013.
483	483	SECTION 7. Subchapter F, Chapter 201, Transportation Code,
484	484	is amended by adding Section 201.407 to read as follows:
485	485	Sec. 201.407. INSPECTOR GENERAL. (a) The commission shall
486	486	appoint an inspector general who reports to the commission.
487	487	(b) The inspector general shall:
488	488	(1) audit the department's financial condition and the
489	489	efficiency of its business practices;
490	490	(2) evaluate the efficiency of the department's
491	491	administrative practices and performance, including business plan
492	492	performance measures, relationships with metropolitan planning
493	493	organizations, performance of department districts and offices,
494	494	and the need for standardization;
495	495	(3) identify the need and opportunities for reductions
496	496	in staff and the need for a better or differently skilled workforce;
497	497	(4) study the implementation of and improvements to a
498	498	commitment-based budget or business plan based on outcomes;
499	499	(5) identify ways to streamline the environmental
500	500	approval process;
501	501	(6) evaluate compliance with applicable laws and
502	502	legislative intent; and
503	503	(7) evaluate the efficient use of available funding,
504	504	personnel, equipment, and office space.
505	505	SECTION 8. Section 222.034(b), Transportation Code is
506	506	amended to read as follows:
507	507	(b) The commission may vary from the distribution procedure
508	508	provided by Subsection (a) if it issues a ruling or minute order
509	509	identifying the variance and providing a particular justification
510	510	for the variance. If the commission intends to vary from the
511	511	distribution procedure it shall allocate the funding in accordance
512	512	with a formula adopted in Section 201.6012.
513	513	SECTION 9. Subchapter D, Chapter 472, Transportation Code,
514	514	is amended by adding Section 472.034 to read as follows:
515	515	Sec. 472.034 ELIGIBILITY FOR STATE ALLOCATION OF FUNDING;
516	516	BOARD MEMBERSHIP (a) In order for a metropolitan planning
517	517	organization to be eligible to receive funding from the state for
518	518	transportation projects under Section 201.6012, Transportation
519	519	Code, the make up of the voting members of the board must include at
520	520	least 50 percent elected officials, which are elected within the
521	521	boundaries of the metropolitan planning organization.
522	522	(b) A metropolitan planning organization which does not
523	523	meet the requirements set forth in subsection (a) may redesignate
524	524	the board in compliance with the redesignation procedures set forth
525	525	in 23 U.S.C. 134, in order to become eligible to receive an
526	526	allocation of funding from the state under Section 201.6012,
527	527	Transportation Code.
528	528	(c) In this section "elected official" is defined as mayor,
529	529	county judge, city council member, county commissioner, state
530	530	representative, or state senator.
531	531	SECTION 10. This act takes effect immediately if it
532	532	receives a vote of two-thirds of all the members elected to each
533	533	house, as provided by Section 30, Article III, Texas Constitution.
534	534	If this Act does not receive the vote necessary for immediate
535	535	effect, this Act takes effect September 1, 2009.