Texas 2009 - 81st Regular

Texas Senate Bill SB2096 Compare Versions

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1	1	81R35176 JD-F
2	2	By: Wentworth S.B. No. 2096
3	3	Substitute the following for S.B. No. 2096:
4	4	By: McClendon C.S.S.B. No. 2096
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of and the powers of a comprehensive
10	10	multimodal urban transportation authority, including the power to
11	11	impose taxes, issue bonds, and exercise limited eminent domain
12	12	authority.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Chapter 451, Transportation Code, is amended by
15	15	adding Subchapter R to read as follows:
16	16	SUBCHAPTER R. URBAN TRANSPORTATION AUTHORITIES
17	17	Sec. 451.901. DEFINITIONS. (a) In this subchapter:
18	18	(1) "Advanced transportation district" means a
19	19	district created or operating under Subchapter O.
20	20	(2) "Authority" means a rapid transit authority
21	21	created or operating under this chapter.
22	22	(3) "Board" means the governing body of an urban
23	23	transportation authority, except as otherwise provided by this
24	24	subchapter.
25	25	(4) "Comprehensive advanced transportation" means the
26	26	design, construction, extension, expansion, improvement,
27	27	reconstruction, alteration, acquisition, financing, and
28	28	maintenance of mass transit, light rail, commuter rail, intercity
29	29	municipal rail, freight rail, fixed guideways, traffic management
30	30	systems, bus ways, bus lanes, technologically advanced bus transit
31	31	vehicles and systems, bus rapid transit vehicles and systems,
32	32	passenger amenities, transit centers, stations, parking facilities
33	33	and payment mechanisms, sidewalks, bicycle lanes, electronic
34	34	transit-related information, fare collection and operating
35	35	systems, high occupancy vehicle lanes, bridges, traffic signal
36	36	prioritization and coordination systems, monitoring systems,
37	37	tracks and rail line, switching and signaling equipment, operating
38	38	equipment, depots, locomotives, rolling stock, maintenance
39	39	facilities, other real and personal property associated with a rail
40	40	operation and transit-oriented development, and other
41	41	comprehensive advanced transportation facilities, equipment,
42	42	operations, comprehensive transportation systems, and services,
43	43	including planning, feasibility studies, operations, and
44	44	professional and other services in connection with those
45	45	facilities, equipment, operations, comprehensive transportation
46	46	systems, and services.
47	47	(5) "Comprehensive mobility enhancement" means the
48	48	design, construction, extension, expansion, improvement,
49	49	reconstruction, alteration, acquisition, financing, and
50	50	maintenance of:
51	51	(A) streets, roads, highways, high occupancy
52	52	vehicle lanes, toll lanes, turnpike projects, pedestrian or bicycle
53	53	facilities, bridges, grade separations, parking facilities and
54	54	payment mechanisms, and infrastructure designed to improve
55	55	mobility;
56	56	(B) traffic signal prioritization and street
57	57	lighting;
58	58	(C) monitoring systems;
59	59	(D) other mobility enhancement facilities,
60	60	equipment, systems, and services, including drainage improvements
61	61	or drainage-related measures reasonable and necessary for the
62	62	effective use of the transportation facility being constructed or
63	63	maintained;
64	64	(E) an intermodal hub, air quality improvement
65	65	initiative, and public utility facility; and
66	66	(F) a conveyance or acceptance of the exclusive
67	67	rights to develop tolled infrastructure or other mobility-related
68	68	assets, including concession fees.
69	69	(6) "Comprehensive transportation system" means a
70	70	transportation project or a combination of transportation projects
71	71	designated as a system by the board of an urban transportation
72	72	authority.
73	73	(7) "Construction costs" means the costs of
74	74	acquisition, construction, reconstruction, improvement,
75	75	extension, or expansion of a transportation project under this
76	76	subchapter. The term includes a construction cost as defined by
77	77	Chapter 370.
78	78	(8) "Costs" means finance costs and construction
79	79	costs.
80	80	(9) "Debt" means a bond, certificate, long-term or
81	81	short-term note, commercial paper, loan, certificate of
82	82	participation, agreement with a local government, or any other
83	83	obligation with a variable or fixed interest rate authorized by
84	84	this chapter or the constitution or another law of this state. The
85	85	term includes a credit agreement issued under Chapter 1371,
86	86	Government Code.
87	87	(10) "Finance costs" means any fee or expense
88	88	associated with the financing of a transportation project,
89	89	including any debt service requirement, capitalized interest,
90	90	reserve fund requirement, professional or administrative cost, or
91	91	other cost incurred by or relating to the issuance of debt under
92	92	this subchapter relating to the design, construction, extension,
93	93	expansion, improvement, reconstruction, alteration, financing,
94	94	acquisition, or maintenance of a transportation project.
95	95	(11) "Regional mobility authority" means a regional
96	96	mobility authority created or operating under Chapter 370.
97	97	(12) "Revenue" means revenue available to an urban
98	98	transportation authority under this subchapter, including any
99	99	source of taxes or revenue available under Chapter 370 or this
100	100	chapter, including Subchapter O.
101	101	(13) "Transportation project" means a comprehensive
102	102	advanced transportation project or a comprehensive mobility
103	103	enhancement project.
104	104	(14) "Urban transportation authority" means an entity
105	105	that has the powers of an authority, a regional mobility authority,
106	106	and an advanced transportation district and is created under this
107	107	subchapter.
108	108	(b) A word or phrase that is not defined in this subchapter
109	109	but is defined in Subchapter O has the meaning in this subchapter
110	110	that is assigned by that subchapter.
111	111	(c) A word or phrase that is not defined in this subchapter
112	112	but is defined in Chapter 370 has the meaning in this subchapter
113	113	that is assigned by that chapter.
114	114	Sec. 451.902. LIBERAL CONSTRUCTION. This subchapter shall
115	115	be liberally construed to carry out its purposes. A provision of
116	116	this subchapter that conflicts with Subchapter A or O or with
117	117	Chapter 370 shall be construed to grant the broadest power.
118	118	Sec. 451.903. CREATION OF URBAN TRANSPORTATION AUTHORITY
119	119	AUTHORIZED. (a) The governing body of an authority in which the
120	120	principal municipality has a population of more than 700,000 and in
121	121	the territory of which both an advanced transportation district and
122	122	a regional mobility authority exist may approve and submit a
123	123	petition to the governing bodies of the advanced transportation
124	124	district and the regional mobility authority that seeks consent to
125	125	the creation of an urban transportation authority under this
126	126	subchapter.
127	127	(b) Creation of an urban transportation authority under
128	128	this subchapter may occur if:
129	129	(1) the governing body of the principal municipality
130	130	in the authority and the commissioners court of each county in which
131	131	the authority is located and in which a sales and use tax is
132	132	collected under this chapter consent to the creation of the urban
133	133	transportation authority;
134	134	(2) the governing body of the regional mobility
135	135	authority consents to the creation of the urban transportation
136	136	authority;
137	137	(3) the commissioners court of each county in which
138	138	the regional mobility authority is located consents to the creation
139	139	of the urban transportation authority;
140	140	(4) the governing body of the advanced transportation
141	141	district consents to the creation of the urban transportation
142	142	authority; and
143	143	(5) the commissioners court of each county and the
144	144	governing body of the principal municipality in which the advanced
145	145	transportation district is located consent to the creation of the
146	146	urban transportation authority.
147	147	(c) The petition of the authority and the consents described
148	148	in Subsection (b) must:
149	149	(1) approve the transfer of the assets, liabilities,
150	150	rights, and obligations of each entity to the urban transportation
151	151	authority; or
152	152	(2) make adequate provision therefor by the applicable
153	153	entity.
154	154	Sec. 451.904. EFFECT OF CREATION OF URBAN TRANSPORTATION
155	155	AUTHORITY. (a) An urban transportation authority is created only
156	156	after the occurrence of the actions required by Section 451.903. On
157	157	the first day of the calendar month after the month in which the
158	158	final action required by that section is taken, an urban
159	159	transportation authority is considered to have been created. The
160	160	urban transportation authority has the rights, powers, duties, and
161	161	privileges granted to an authority under this chapter, to an urban
162	162	transportation authority under this subchapter, to an advanced
163	163	transportation district under Subchapter O, and to a regional
164	164	mobility authority under Chapter 370, including the right to plan
165	165	and develop transportation projects in any county in which the
166	166	urban transportation authority is located.
167	167	(b) On the date the urban transportation authority is
168	168	considered to have been created, the urban transportation authority
169	169	becomes the successor entity to the authority, the advanced
170	170	transportation district, and the regional mobility authority. On
171	171	that date the authority, the advanced transportation district, and
172	172	the regional mobility authority cease to exist.
173	173	(c) The urban transportation authority succeeds to and is
174	174	obligated for all assets, liabilities, rights, and obligations not
175	175	otherwise provided for of the authority, the advanced
176	176	transportation district, and the regional mobility authority, on
177	177	terms and conditions that, upon succession, are no less beneficial
178	178	to employees than those extant immediately before the creation of
179	179	the urban transportation authority, including continuation of all
180	180	rights, privileges, and benefits such as pension rights and
181	181	benefits, wages, and working conditions, afforded to employees
182	182	under an existing agreement.
183	183	Sec. 451.905. POWERS. (a) An urban transportation
184	184	authority has the powers necessary or convenient to implement this
185	185	subchapter or to effect a purpose of this subchapter.
186	186	(b) An urban transportation authority through its board may
187	187	plan, study, evaluate, design, finance, acquire, construct,
188	188	maintain, repair, and operate a transportation project,
189	189	individually or as one or more comprehensive transportation
190	190	systems.
191	191	(c) An urban transportation authority has:
192	192	(1) all of the rights, powers, duties, and privileges
193	193	granted to an authority by this chapter;
194	194	(2) all of the rights, powers, duties, and privileges
195	195	granted to a regional mobility authority by Chapter 370; and
196	196	(3) all of the rights, powers, duties, and privileges
197	197	granted to an advanced transportation district by Subchapter O.
198	198	(d) A right, power, duty, or privilege of an urban
199	199	transportation authority described in Subsection (c) may be
200	200	exercised independently or in combination to effect the purposes of
201	201	this subchapter. Except as otherwise provided by this subchapter,
202	202	in the event of a conflict, the most liberal provision applies.
203	203	(e) In the manner and to the extent that an authority is
204	204	authorized by this chapter, an urban transportation authority may
205	205	develop and operate a transit system, set fares and other charges,
206	206	and develop stations or terminal complexes for the use of the
207	207	transit system and related right-of-way.
208	208	(f) An urban transportation authority has any right, power,
209	209	duty, or privilege granted by Chapter 370 to a regional mobility
210	210	authority that relates to mass transit or a transit system and that
211	211	is not in conflict with this subchapter.
212	212	(g) An urban transportation authority may impose any kind of
213	213	tax or fee other than an ad valorem tax, including a sales and use
214	214	tax. The applicable provisions of this chapter, including
215	215	Subchapter O, and Chapter 370 apply to the imposition of a fee or
216	216	tax by the urban transportation authority. If the legislature
217	217	enacts provisions for local option transportation financing
218	218	through a transportation finance authority or a centralized
219	219	transportation finance entity, an urban transportation authority
220	220	may serve as such an entity.
221	221	(h) An urban transportation authority may develop and
222	222	operate a turnpike project. The turnpike project must be developed
223	223	and operated under the provisions of Chapter 370, including any
224	224	provision relating to the setting of toll rates.
225	225	(i) Unless otherwise provided by this subchapter, the board
226	226	shall allocate the proceeds of the advanced transportation district
227	227	sales and use tax in compliance with Subchapter O.
228	228	(j) Unless otherwise provided by this subchapter, an
229	229	election relating to the sales and use tax or the boundaries of an
230	230	advanced transportation district is governed by the provisions of
231	231	Subchapter O relating to such an election of an advanced
232	232	transportation district.
233	233	(k) An urban transportation authority may create a
234	234	transportation corporation or local government corporation under
235	235	Chapter 431.
236	236	(l) An urban transportation authority is a toll project
237	237	entity and a local toll project entity to the same extent as a
238	238	regional mobility authority under the provisions of this code.
239	239	(m) In its selection and prioritization of transportation
240	240	projects, the board shall consider the geographic location of other
241	241	transportation projects funded by this state or the United States
242	242	so as to foster geographic equity in the planning and development of
243	243	the projects.
244	244	Sec. 451.906. NATURE OF URBAN TRANSPORTATION AUTHORITY.
245	245	(a) An urban transportation authority:
246	246	(1) is a body politic and corporate and a political
247	247	subdivision of this state;
248	248	(2) has perpetual succession; and
249	249	(3) exercises public and essential governmental
250	250	functions.
251	251	(b) The exercise of a right, power, or privilege granted by
252	252	this subchapter is for a public purpose and is a matter of public
253	253	necessity and is, in all respects, for the benefit of the people of
254	254	the territory in which an urban transportation authority operates
255	255	and of the people of this state, for the increase of their commerce
256	256	and prosperity, and for the improvement of their health, living
257	257	conditions, and public safety.
258	258	(c) An urban transportation authority is a governmental
259	259	unit under Chapter 101, Civil Practice and Remedies Code. The
260	260	operations of the urban transportation authority are not
261	261	proprietary functions for any purpose.
262	262	(d) An urban transportation authority is:
263	263	(1) a public entity under Section 222.1045; and
264	264	(2) a governmental agency under Subchapter A, Chapter
265	265	271, Local Government Code.
266	266	(e) The property, revenue, and income of an urban
267	267	transportation authority are exempt from state and local taxes.
268	268	Sec. 451.907. GOVERNANCE OF URBAN TRANSPORTATION
269	269	AUTHORITY; INITIAL BOARD OF DIRECTORS. (a) An urban
270	270	transportation authority is governed by a board of directors. The
271	271	board consists of:
272	272	(1) six members appointed by the governing body of the
273	273	principal municipality, with one member designated to represent the
274	274	interests of the transportation disadvantaged;
275	275	(2) four members appointed by the commissioners court
276	276	of the county in which the urban transportation authority is
277	277	located, or if the urban transportation authority is located in
278	278	more than one county, jointly appointed by the commissioners courts
279	279	of those counties;
280	280	(3) two members appointed by a panel composed of the
281	281	mayors of the municipalities, other than the principal
282	282	municipality, that are inside the boundaries of the authority and
283	283	contribute sales and use tax revenue to the authority; and
284	284	(4) one member appointed by the governor.
285	285	(a-1) The members appointed under Subsection (a) shall
286	286	select by majority vote one member to serve as presiding officer of
287	287	the board.
288	288	(b) On the creation of the urban transportation authority,
289	289	the initial board of the urban transportation authority shall be
290	290	appointed from among the memberships of the governing body of the
291	291	authority, the governing body of the advanced transportation
292	292	district, and the governing body of the regional mobility
293	293	authority, as extant immediately before the urban transportation
294	294	authority was created.
295	295	(c) The board is responsible for the management, operation,
296	296	and control of the urban transportation authority and the property
297	297	of the urban transportation authority.
298	298	(d) A provision of this chapter that is applicable to the
299	299	governing body of an authority and relates to vacancies, term
300	300	limitations, residency requirements, compensation, surety bonds,
301	301	nepotism, financial disclosure, indemnification, insurance, or
302	302	removal applies to the board.
303	303	(e) Board meetings and actions are governed by the
304	304	provisions of this chapter that are applicable to the governing
305	305	body of an authority. Those meetings and actions are not governed
306	306	by Chapter 370.
307	307	(f) To be eligible to serve as a director, an individual:
308	308	(1) may be a representative of an entity that is also
309	309	represented on a metropolitan planning organization in the region
310	310	where the principal municipality is located; and
311	311	(2) may not be:
312	312	(A) an elected official;
313	313	(B) an officer or employee of the department;
314	314	(C) an employee of a county or a municipality,
315	315	including the principal municipality, that contributes sales and
316	316	use tax revenue to the urban transportation authority; or
317	317	(D) a person who owns an interest in real
318	318	property that will be acquired for a transportation project, if it
319	319	is known at the time of the person's proposed appointment that the
320	320	property will be acquired for the transportation project.
321	321	Sec. 451.908. PUBLIC ACCESS. An urban transportation
322	322	authority shall:
323	323	(1) make and implement policies that provide the
324	324	public with a reasonable opportunity to appear before the board to
325	325	speak on any issue under the jurisdiction of the urban
326	326	transportation authority; and
327	327	(2) prepare and maintain a written plan that describes
328	328	how an individual who does not speak English or who has a physical,
329	329	mental, or developmental disability may be provided reasonable
330	330	access to the urban transportation authority's programs.
331	331	Sec. 451.909. STRATEGIC PLANS AND ANNUAL REPORTS. (a) An
332	332	urban transportation authority shall develop a strategic plan for
333	333	its operations. Before December 31 of each even-numbered year, the
334	334	urban transportation authority shall issue a plan that covers the
335	335	succeeding five fiscal years of the urban transportation authority,
336	336	beginning with the next odd-numbered fiscal year.
337	337	(b) Not later than March 31 of each year, an urban
338	338	transportation authority shall file with each county in which the
339	339	urban transportation authority is located, the principal
340	340	municipality, and the panel composed of the mayors of the
341	341	municipalities in the urban transportation authority that
342	342	contribute sales and use tax revenue to the authority, a written
343	343	report on the urban transportation authority's activities that
344	344	includes a description of anticipated issuances of debt during the
345	345	next fiscal year, a description of the financial condition of the
346	346	urban transportation authority, schedules for the development of
347	347	approved projects, and the status of the urban transportation
348	348	authority's performance under the most recent strategic plan.
349	349	(c) Notwithstanding Subsection (b), a failure to identify a
350	350	debt issuance or a change in a project development schedule in a
351	351	written report does not prevent the issuance of the debt or the
352	352	change in the project development schedule, including the
353	353	commencement of the operation of a project.
354	354	Sec. 451.910. ESTABLISHMENT OF COMPREHENSIVE
355	355	TRANSPORTATION SYSTEM. (a) If the board determines that the
356	356	mobility needs of the county or counties in which the urban
357	357	transportation authority operates and of the surrounding region
358	358	could be most efficiently and economically met by jointly operating
359	359	two or more transportation projects as one operational and
360	360	financial enterprise, the board may create one or more
361	361	comprehensive transportation systems composed of those
362	362	transportation projects.
363	363	(b) The board may:
364	364	(1) create more than one comprehensive transportation
365	365	system; and
366	366	(2) combine two or more comprehensive transportation
367	367	systems into a single comprehensive transportation system.
368	368	(c) An urban transportation authority may finance, acquire,
369	369	construct, cross-collateralize, and operate a comprehensive
370	370	transportation system if the board determines that:
371	371	(1) the transportation projects could most
372	372	efficiently and economically be acquired or constructed as part of
373	373	the comprehensive transportation system; and
374	374	(2) the transportation projects will benefit the
375	375	comprehensive transportation system.
376	376	Sec. 451.911. ISSUANCE OF DEBT. (a) An urban
377	377	transportation authority, or an entity created by the urban
378	378	transportation authority for the purposes of issuing debt, by
379	379	resolution of the board or the governing body of the entity, as
380	380	applicable, may authorize the issuance of debt payable solely from
381	381	revenue.
382	382	(b) Debt, any portion of which is payable from taxes, may
383	383	not be issued by an urban transportation authority unless the
384	384	issuance is authorized by a majority of the votes cast at an
385	385	election ordered and held for that purpose.
386	386	(c) Debt issued by an urban transportation authority is
387	387	fully negotiable. An urban transportation authority may make the
388	388	debt redeemable before maturity at the price and subject to the
389	389	terms and conditions provided in the proceedings that authorized
390	390	the issuance or in a related legal document.
391	391	(d) Debt issued by an urban transportation authority under
392	392	this subchapter may be sold at a public or private sale as
393	393	determined by the board to be most advantageous and may have a
394	394	maturity of not longer than 50 years.
395	395	(e) Costs attributable to a transportation project that
396	396	were incurred before the issuance of debt to finance the
397	397	transportation project may be reimbursed from the proceeds of debt
398	398	that is subsequently issued.
399	399	Sec. 451.912. TRANSPORTATION PROJECT FINANCING. (a) An
400	400	urban transportation authority may exercise the powers of a
401	401	regional mobility authority, an authority, and an advanced
402	402	transportation district and may issue debt or enter into other
403	403	agreements or financial arrangements to pay all or part of the costs
404	404	of a transportation project or to refund any debt previously issued
405	405	for a transportation project.
406	406	(b) The powers described in Subsection (a) are cumulative
407	407	and may be exercised by an urban transportation authority
408	408	independently or in combination to develop, finance, operate, and
409	409	pay the costs of a transportation project. Subject to other
410	410	provisions of this subchapter, the urban transportation authority
411	411	may pledge any revenue available to the urban transportation
412	412	authority under this subchapter, separately or in combination, for
413	413	the payment of a debt, agreement, or financial arrangement
414	414	described by Subsection (a).
415	415	(c) As authorized by Chapter 370 in connection with a
416	416	regional mobility authority, the department may provide for or
417	417	contribute to the payment of the costs of a financial or engineering
418	418	and traffic feasibility study for a transportation project.
419	419	Sec. 451.913. SALES AND USE TAX. (a) When an authority
420	420	that collects a sales and use tax becomes part of an urban
421	421	transportation authority:
422	422	(1) the sales and use tax remains subject to the
423	423	provisions of this chapter that relate to the sales and use tax of
424	424	an authority; and
425	425	(2) any restriction, covenant, obligation, or pledge
426	426	attributed to that sales and use tax remains in effect.
427	427	(b) When an advanced transportation district that collects
428	428	a sales and use tax becomes part of an urban transportation
429	429	authority:
430	430	(1) the sales and use tax remains subject to the
431	431	provisions of Subchapter O that relate to the sales and use tax of
432	432	an advanced transportation district; and
433	433	(2) any restriction, covenant, obligation,
434	434	allocation, or pledge attributed to that sales and use tax remains
435	435	in effect until the voters elect to increase, decrease, or
436	436	otherwise alter the terms of the sales and use tax.
437	437	(c) The allocation of the proceeds of the sales and use tax
438	438	adopted at the initial election of an advanced transportation
439	439	district may not be altered unless a proposition for the
440	440	reallocation is approved by a majority of the votes cast at an
441	441	election ordered and held for that purpose under this subchapter.
442	442	(d) An urban transportation authority may order a
443	443	subsequent advanced transportation district sales and use tax
444	444	election to reallocate the proceeds of the tax or to increase or
445	445	decrease the rate of the tax collected by the urban transportation
446	446	authority. An election ordered under this section must be held for
447	447	one or more transportation projects; the combined rate of all sales
448	448	and use taxes imposed by the urban transportation authority and all
449	449	other political subdivisions of this state may not exceed the
450	450	statutory sales and use tax cap in any location in the urban
451	451	transportation authority; and the proceeds of the sales and use tax
452	452	under a subsequent election may be pledged only for:
453	453	(1) transportation project purposes as determined by
454	454	the board, including debt service requirements, capitalized
455	455	interest, reserve fund requirements, credit agreements,
456	456	administrative costs, or other debt-related costs incurred by or
457	457	relating to the issuance of obligations by the urban transportation
458	458	authority relating to the purchase, design, construction,
459	459	extension, expansion, improvement, reconstruction, alteration,
460	460	financing, and maintenance of an advanced transportation facility,
461	461	equipment, operations, a comprehensive transportation system, and
462	462	services, including feasibility studies, operations, and
463	463	professional or other services in connection with the facility,
464	464	equipment, operations, system, or services;
465	465	(2) transportation project purposes in the territory
466	466	of the urban transportation authority as determined by the
467	467	governing bodies of each participating unit in proportion to the
468	468	amount of sales and use tax proceeds that were collected in that
469	469	participating unit; or
470	470	(3) as a local match for, or the local share of, a
471	471	state or federal grant for transportation project purposes in the
472	472	territory of the urban transportation authority or in connection
473	473	with the transfer of money by the department or another entity of
474	474	this state or the United States under an agreement with a county or
475	475	municipality or a local government corporation created by a county
476	476	or municipality under Chapter 431, for transportation project
477	477	purposes in the territory of the urban transportation authority.
478	478	(e) At an election under this section, the ballot shall be
479	479	prepared to permit voting for or against the proposition: "The
480	480	imposition of a sales and use tax for comprehensive advanced
481	481	transportation and comprehensive mobility enhancement in the (name
482	482	of urban transportation authority), at the rate to be set by the
483	483	governing body of the urban transportation authority."
484	484	(f) After a favorable subsequent election held under this
485	485	subchapter, an allocation specified by Subchapter O ceases to be
486	486	binding.
487	487	Sec. 451.914. USE OF FARE REVENUE. (a) All fare revenue
488	488	generated by the mass transit operations of the urban
489	489	transportation authority, other than fare revenue generated by a
490	490	rail operation, must be dedicated exclusively to the support of
491	491	mass transit operations.
492	492	(b) Fare revenue generated by a rail operation of the urban
493	493	transportation authority may be used for any comprehensive advanced
494	494	transportation or comprehensive mobility enhancement purpose.
495	495	Sec. 451.915. POWERS AND PROCEDURES OF URBAN TRANSPORTATION
496	496	AUTHORITY IN ACQUIRING PROPERTY. An urban transportation authority
497	497	has the same powers and may use the same procedures as a regional
498	498	mobility authority operating under Chapter 370 in acquiring
499	499	property.
500	500	Sec. 451.916. PUBLIC UTILITY FACILITIES. An urban
501	501	transportation authority has the same powers and may use the same
502	502	procedures as a regional mobility authority operating under Chapter
503	503	370 with regard to public utility facilities.
504	504	Sec. 451.917. TOLL COLLECTION AND VIOLATIONS. An urban
505	505	transportation authority has the same powers and may use the same
506	506	procedures as a regional mobility authority operating under Chapter
507	507	370 with regard to toll collections, transponders, enforcement,
508	508	violations, and penalties.
509	509	Sec. 451.918. PROJECT DELIVERY. An urban transportation
510	510	authority may procure, develop, finance, design, construct,
511	511	maintain, or operate a transportation project using the rights,
512	512	powers, duties, and privileges that are granted by Chapter 223, by
513	513	Chapter 370 to a regional mobility authority, or by Subchapter H,
514	514	Chapter 271, Local Government Code, including a right, power, duty,
515	515	or privilege associated with:
516	516	(1) a construction manager agent;
517	517	(2) a construction manager-at-risk;
518	518	(3) use of design build;
519	519	(4) a pass-through agent; or
520	520	(5) a comprehensive development agreement.
521	521	Sec. 451.919. MUNICIPAL TRANSPORTATION REINVESTMENT ZONES.
522	522	A municipality located in the territory served by an urban
523	523	transportation authority may:
524	524	(1) designate a municipal transportation reinvestment
525	525	zone under Section 222.106 to promote a transportation project
526	526	under this subchapter; and
527	527	(2) use money deposited to the tax increment account
528	528	for the reinvestment zone to pay the urban transportation authority
529	529	for a portion of the costs of the transportation project.
530	530	SECTION 2. This Act takes effect immediately if it receives
531	531	a vote of two-thirds of all the members elected to each house, as
532	532	provided by Section 39, Article III, Texas Constitution. If this
533	533	Act does not receive the vote necessary for immediate effect, this
534	534	Act takes effect September 1, 2009.