Texas 2009 - 81st Regular

Texas Senate Bill SB2015 Compare Versions

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1	1	81R29189 ACP-F
2	2	By: Watson S.B. No. 2015
3	3	Substitute the following for S.B. No. 2015:
4	4	By: Pickett C.S.S.B. No. 2015
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain metropolitan rapid transit authorities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 451.061, Transportation Code, is amended
12	12	by amending Subsection (d) and adding Subsection (d-1) to read as
13	13	follows:
14	14	(d) Except as provided by Subsection (d-1), the [The] fares,
15	15	tolls, charges, rents, and other compensation established by an
16	16	authority in which the principal municipality has a population of
17	17	less than 1.2 million may not take effect until approved by a
18	18	majority vote of a committee composed of:
19	19	(1) five members of the governing body of the
20	20	principal municipality, selected by that governing body;
21	21	(2) three members of the commissioners court of the
22	22	county having the largest portion of the incorporated territory of
23	23	the principal municipality, selected by that commissioners court;
24	24	and
25	25	(3) three mayors of municipalities, other than the
26	26	principal municipality, located in the authority, selected by:
27	27	(A) the mayors of all the municipalities, except
28	28	the principal municipality, located in the authority; or
29	29	(B) the mayor of the most populous municipality,
30	30	other than the principal municipality, in the case of an authority
31	31	in which the principal municipality has a population of less than
32	32	300,000.
33	33	(d-1) The establishment of or a change to fares, tolls,
34	34	charges, rents, and other compensation by an authority confirmed
35	35	before July 1, 1985, in which the principal municipality has a
36	36	population of less than 750,000, takes effect immediately on
37	37	approval by a majority vote of the board, except that the
38	38	establishment of or a change to a single-ride base fare takes effect
39	39	on the 60th day after the date the board approves the fare or change
40	40	to the fare, unless the policy board of the metropolitan planning
41	41	organization that serves the area of the authority disapproves the
42	42	fare or change to the fare by a majority vote.
43	43	SECTION 2. Section 451.071, Transportation Code, is amended
44	44	by adding Subsections (b-1) and (g) to read as follows:
45	45	(b-1) The ballot may not permit the fixed rail transit
46	46	system, or a proposal to expand a system, and the method of funding
47	47	for the system or expansion of the system to be voted on as separate
48	48	options. All fixed rail transit systems, proposals to expand a
49	49	system, and methods of funding included on a ballot must be approved
50	50	or rejected as a group.
51	51	(g) This section does not require the authority to hold a
52	52	referendum on a proposal to:
53	53	(1) enter into a contract to build, operate, or
54	54	maintain a fixed rail transit system for another entity;
55	55	(2) expand a system previously approved under this
56	56	section if the proposed expansion involves the addition of not more
57	57	than one mile of track to the system; or
58	58	(3) enter into an interlocal agreement to build,
59	59	operate, or maintain a system previously approved under this
60	60	section.
61	61	SECTION 3. Subchapter J, Chapter 451, Transportation Code,
62	62	is amended by adding Sections 451.458, 451.459, and 451.460 to read
63	63	as follows:
64	64	Sec. 451.458. INTERNAL AUDITOR. (a) This section applies
65	65	only to an authority confirmed before July 1, 1985, in which the
66	66	principal municipality has a population of less than 750,000.
67	67	(b) The board shall enter into a contract with a qualified
68	68	individual to perform internal auditing services as specified in
69	69	the contract. A contract entered into under this section may be
70	70	renewed for subsequent fiscal years of the authority but may not be
71	71	renewed for more than three consecutive fiscal years.
72	72	(c) The contract must require the auditor to report directly
73	73	to the board.
74	74	Sec. 451.459. SUNSET REVIEW. (a) An authority confirmed
75	75	before July 1, 1985, in which the principal municipality has a
76	76	population of less than 750,000 is subject to review under Chapter
77	77	325, Government Code (Texas Sunset Act), as if it were a state
78	78	agency but may not be abolished under that chapter. The review
79	79	shall be conducted as if the authority were scheduled to be
80	80	abolished September 1, 2011. In addition, another review shall be
81	81	conducted as if the authority were scheduled to be abolished
82	82	September 1, 2016. The reviews conducted under this section must
83	83	include an assessment of the governance, management, and operating
84	84	structure of the authority and the authority's compliance with the
85	85	duties and requirements placed on it by the legislature.
86	86	(b) The authority shall pay the cost incurred by the Sunset
87	87	Advisory Commission in performing a review of the authority under
88	88	this section. The Sunset Advisory Commission shall determine the
89	89	cost, and the authority shall pay the amount promptly on receipt of
90	90	a statement from the Sunset Advisory Commission detailing the cost.
91	91	Sec. 451.460. REPORT TO PRINCIPAL MUNICIPALITY. (a) This
92	92	section applies only to an authority confirmed before July 1, 1985,
93	93	in which the principal municipality has a population of less than
94	94	750,000.
95	95	(b) The authority annually shall provide a report to each
96	96	governing body of a municipality or county in the authority
97	97	regarding the status of any financial obligation of the authority
98	98	to the municipality.
99	99	SECTION 4. Section 451.5021, Transportation Code, is
100	100	amended by amending Subsections (a), (b), and (d) and adding
101	101	Subsections (b-1), (d-1), (d-2), and (d-3) to read as follows:
102	102	(a) This section applies only to the board of an authority
103	103	created before July 1, 1985, in which the principal municipality
104	104	has a population of less than 750,000 [in which each member of the
105	105	governing body of the principal municipality is elected at large].
106	106	(b) Members of the [The] board [is composed of seven members
107	107	who] are appointed as follows:
108	108	(1) one member, who is an elected official, [two
109	109	members representing the general public] appointed by the
110	110	metropolitan planning organization designated by the governor that
111	111	serves the area of the authority;
112	112	(2) one member, who is an elected official, [two
113	113	members] appointed by the governing body of the principal
114	114	municipality;
115	115	(3) one member jointly appointed by:
116	116	(A) the governing body of the principal
117	117	municipality; and
118	118	(B) the commissioners court of the principal
119	119	county;
120	120	(4) one member jointly appointed by:
121	121	(A) the governing body of the principal
122	122	municipality; and
123	123	(B) the commissioners court of the county,
124	124	excluding the principal county, that has the largest population of
125	125	the counties in the authority [a panel composed of the mayors of all
126	126	the municipalities in the authority located in the principal county
127	127	of the authority, excluding the mayor of the principal
128	128	municipality]; [and]
129	129	(5) one member, who is an elected official, appointed
130	130	by a panel composed of:
131	131	(A) the mayors of all municipalities in the
132	132	authority [located outside the principal county of the authority],
133	133	excluding the mayor of the principal municipality; and
134	134	(B) the county judges of the counties having
135	135	unincorporated area in the authority;
136	136	(6) one member, who has at least 10 years of experience
137	137	as a financial or accounting professional, appointed by the
138	138	metropolitan planning organization that serves the area in which
139	139	the authority is located;
140	140	(7) one member, who has at least 10 years of experience
141	141	in an executive-level position in a public or private organization,
142	142	including a governmental entity, appointed by the metropolitan
143	143	planning authority that serves the area in which the authority is
144	144	located; and
145	145	(8) two members appointed by the metropolitan planning
146	146	organization that serves the area in which the authority is
147	147	located, if according to the most recent federal decennial census
148	148	more than 35 percent of the population in the territory of the
149	149	authority resides outside the principal municipality[, excluding
150	150	the county judge of the principal county; and
151	151	[(C) the presiding officer of each municipal
152	152	utility district that:
153	153	[(i) has a majority of its territory
154	154	located outside the principal county; and
155	155	[(ii) is located wholly or partly in the
156	156	authority].
157	157	(b-1) Members of the board serve staggered three-year
158	158	terms, with the terms of two or three members, as applicable,
159	159	expiring June 1 of each year.
160	160	(d) A person appointed under Subsection (b)(1), (2)
161	161	[(b)(2), (3), (4)], or (5):
162	162	(1) must be a member of the governing body:
163	163	(A) of the political subdivision that is entitled
164	164	to make the appointment; or
165	165	(B) over which a member of the panel entitled to
166	166	make an appointment presides;
167	167	(2) vacates the office of board member if the person
168	168	ceases to be a member of the governing body described by Subdivision
169	169	(1);
170	170	(3) serves on the board as an additional duty of the
171	171	office held on the governing body described by Subdivision (1); and
172	172	(4) is not entitled to compensation for serving as a
173	173	member of the board.
174	174	(d-1) At least two members appointed under Subsections
175	175	(b)(1), (6), and (7) must be qualified voters residing in the
176	176	principal municipality.
177	177	(d-2) A person appointed under Subsection (b)(3) must:
178	178	(1) have the person's principal place of occupation or
179	179	employment in:
180	180	(A) the principal municipality; or
181	181	(B) the portion of the authority's service area
182	182	that is located in the principal county; or
183	183	(2) be a qualified voter of:
184	184	(A) the principal municipality; or
185	185	(B) the portion of the authority's service area
186	186	that is located in the principal county.
187	187	(d-3) A person appointed under Subsection (b)(4) must:
188	188	(1) have the person's principal place of occupation or
189	189	employment in:
190	190	(A) the principal municipality; or
191	191	(B) the portion of the authority's service area
192	192	that is located in the county, other than the principal county, that
193	193	has the largest population of the counties in the authority; or
194	194	(2) be a qualified voter of:
195	195	(A) the principal municipality; or
196	196	(B) the portion of the authority's service area
197	197	that is located in the county, other than the principal county, that
198	198	has the largest population of the counties in the authority.
199	199	SECTION 5. Subsections (g) and (h), Section 451.5021,
200	200	Transportation Code, are repealed.
201	201	SECTION 6. (a) This section applies only to a member of the
202	202	board of a rapid transit authority confirmed before July 1, 1985, in
203	203	which the principal municipality has a population of 750,000 or
204	204	less.
205	205	(b) The term of a board member that is scheduled, under the
206	206	law as it existed before the effective date of this Act, to expire:
207	207	(1) after the effective date of this Act but before
208	208	January 1, 2010, is extended to December 31, 2009; and
209	209	(2) on or after January 1, 2010, expires June 1, 2010.
210	210	(c) As soon as practicable on or after the effective date of
211	211	this Act, but not later than December 31, 2009, the persons and
212	212	entities specified in Section 451.5021, Transportation Code, as
213	213	amended by this Act, shall appoint the members of the board in
214	214	compliance with that section, as amended, to serve terms that begin
215	215	January 1, 2010, or June 2, 2010, as applicable.
216	216	(d) A vacancy created because of the expiration of a term
217	217	under Subsection (a) of this section is filled in the manner
218	218	provided by Subsection (c) of this section.
219	219	(e) The members of the board appointed under Subsection (c)
220	220	of this section shall draw lots to determine which terms of three
221	221	members expire June 1, 2011, which terms of three members expire
222	222	June 1, 2012, and which terms of three members expire June 1, 2013.
223	223	SECTION 7. This Act takes effect September 1, 2009.