82R7982 JTS-F
By: Pickett H.B. No. 1920
A BILL TO BE ENTITLED
AN ACT
relating to transportation planning and funding allocations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 201.051(a) and (b), Transportation
Code, are amended to read as follows:
(a) The Texas Transportation Commission consists of five
members, of which:
(1) three are appointed by the governor with the
advice and consent of the senate;
(2) one is appointed by the lieutenant governor; and
(3) one is appointed by the governor with the advice
and consent of the senate from a list provided by the speaker of the
house of representatives.
(b) The members shall be appointed to reflect the diverse
geographic regions and population groups of this state. One member
appointed by the governor under Subsection (a)(1) must reside in a
rural area.
SECTION 2. Sections 201.105(a) and (b), Transportation
Code, are amended to read as follows:
(a) The commission shall divide the state into [not more
than] 25 districts for the purpose of the performance of the
department's duties.
(b) The [In determining a district's boundaries, the]
commission shall align the districts' boundaries along the
boundaries of regional planning commissions created under Chapter
391, Local Government Code, and consider all costs and benefits,
including highway activity, in determining [and] the number of
employees required for the proposed districts [district].
SECTION 3. Chapter 201, Transportation Code, is amended by
adding Subchapter F-1 to read as follows:
SUBCHAPTER F-1. OVERSIGHT
Sec. 201.451. LEGISLATIVE OVERSIGHT COMMITTEE ON
TRANSPORTATION. (a) In this section, "committee" means the
legislative oversight committee on transportation.
(b) The committee is composed of 10 members as follows:
(1) the chair of the Senate Committee on Finance;
(2) the chair of the House Committee on
Appropriations;
(3) the chair of the Senate Committee on
Transportation and Homeland Security;
(4) the chair of the House Committee on
Transportation;
(5) three additional members of the senate appointed
by the lieutenant governor; and
(6) three additional members of the house of
representatives appointed by the speaker of the house of
representatives.
(c) The committee shall monitor:
(1) the implementation of:
(A) the statewide transportation program and
budget; and
(B) the transportation allocation funding
formulas;
(2) the transportation transparency program;
(3) the development of performance measures under
Section 201.675(a); and
(4) other tasks assigned by the lieutenant governor
and the speaker of the house of representatives.
(d) This section expires August 31, 2015.
Sec. 201.452. INSPECTOR GENERAL. (a) The commission shall
appoint an inspector general who reports to the commission.
(b) The inspector general shall:
(1) audit the department's financial condition and the
efficiency of its business practices;
(2) evaluate the efficiency of the department's
administrative practices and performance, including business plan
performance measures, relationships with metropolitan planning
organizations, performance of department districts and offices,
and the need for standardization;
(3) identify the need and opportunities for reductions
in staff and the need for a better or differently skilled workforce;
(4) study the implementation of and improvements to a
commitment-based budget or business plan based on outcomes;
(5) identify ways to streamline the environmental
approval process;
(6) evaluate compliance with applicable laws and
legislative intent; and
(7) evaluate the efficient use of available funding,
personnel, equipment, and office space.
(c) Notwithstanding Subsection (a), the legislative
oversight committee on transportation under Section 201.451 shall
appoint the inspector general under this section. If the supreme
court of this state determines that an appointment under this
subsection violates Section 1, Article II, or Section 12, Article
IV, Texas Constitution, the commission shall appoint the inspector
general from a list provided by the legislative oversight committee
on transportation. If appointed under this subsection, the
inspector general is subject to removal for good cause by the
commission. This subsection expires August 31, 2015.
Sec. 201.453. COOPERATION AND COORDINATION WITH STATE
AUDITOR. (a) An inspector general's review does not take
precedence over the state auditor's review.
(b) The inspector general may meet with the state auditor's
office to coordinate a review conducted under this subchapter,
share information, or schedule work plans.
(c) In addition to the authority in Chapter 321, Government
Code, the state auditor is entitled to access all information
maintained by the inspector general, including vouchers,
electronic data, internal records, and other information.
(d) Any information obtained or provided by the state
auditor under this section is confidential and not subject to
disclosure under Chapter 552, Government Code.
Sec. 201.454. FINAL REVIEW REPORTS. (a) The inspector
general shall prepare a final report for each review conducted
under Section 201.452. The final report must include:
(1) a summary of the activities performed by the
inspector general in conducting the review; and
(2) a description of any findings in connection with
the review.
(b) An inspector general's final reports are subject to
disclosure under Chapter 552, Government Code.
(c) Unless otherwise prohibited by this chapter or other
law, the inspector general shall deliver a copy of each final report
that concerns the implementation or administration of a state or
federally funded program to:
(1) the commission and the executive director;
(2) the governor;
(3) the lieutenant governor;
(4) the speaker of the house of representatives;
(5) the state auditor; and
(6) the appropriate legislative oversight committees.
SECTION 4. Section 201.601, Transportation Code, is amended
to read as follows:
Sec. 201.601. STATEWIDE TRANSPORTATION PROGRAM AND BUDGET
[PLAN]. [(a)] The department shall develop a statewide
transportation program and budget under Subchapter H-1 [plan that
contains all modes of transportation, including:
[(1) highways and turnpikes;
[(2) aviation;
[(3) mass transportation;
[(4) railroads and high-speed railroads; and
[(5) water traffic].
[(b) In developing the plan, the department shall seek
opinions and assistance from other state agencies and political
subdivisions that have responsibility for the modes of
transportation listed by Subsection (a). As appropriate, the
department and such an agency or political subdivision shall enter
into a memorandum of understanding relating to the planning of
transportation services.
[(c) The plan must include a component that is not
financially constrained and identifies transportation improvements
designed to relieve congestion. In developing this component of
the plan, the department shall seek opinions and assistance from
officials who have local responsibility for modes of transportation
listed in Subsection (a).
[(d) The plan shall include a component, published
annually, that describes the evaluation of transportation
improvements based on performance measures, such as indices
measuring delay reductions or travel time improvements. The
department shall consider the performance measures in selecting
transportation improvements.]
SECTION 5. Chapter 201, Transportation Code, is amended by
adding Subchapter H-1 to read as follows:
SUBCHAPTER H-1. STATEWIDE TRANSPORTATION PLANNING AND FUNDING
ALLOCATION
Sec. 201.651. DEFINITIONS. In this subchapter:
(1) "Planning organization" means:
(A) a metropolitan planning organization; or
(B) for an area that is not in the boundaries of a
metropolitan planning organization, the department district that
serves the area.
(2) "Project cost" means the total cost of a
transportation project, including all costs associated with:
(A) planning;
(B) design;
(C) environmental assessment;
(D) right-of-way acquisition;
(E) construction;
(F) operations;
(G) maintenance;
(H) overruns; and
(I) change orders.
(3) "Region" means the area for which a planning
organization develops plans and receives funds under this
subchapter.
(4) "Transportation official" means an official in a
state agency or political subdivision who has responsibility for
any of the following modes of transportation:
(A) aviation;
(B) high-speed rail;
(C) highways;
(D) toll roads;
(E) mass transportation;
(F) railroads; and
(G) water traffic.
(5) "Transportation project" or "project" means:
(A) the planning of, right-of-way acquisition
for, expansion of, improvement of, addition to, routine maintenance
of, contracted routine maintenance of, or contract maintenance of
a:
(i) bridge;
(ii) highway;
(iii) toll road or toll road system; or
(iv) railroad;
(B) a project that enhances the safety of a
roadway to the traveling public;
(C) an air quality improvement initiative;
(D) a transportation enhancement activity under
23 U.S.C. Section 133; or
(E) mass transportation.
Sec. 201.652. PURPOSE. It is in the interest of this state
to:
(1) encourage and promote the safe and efficient
management, operation, and development of surface transportation
systems that will serve the mobility needs of people and freight and
foster economic growth and development in rural and urbanized areas
of this state, while minimizing transportation-related fuel
consumption and air pollution through metropolitan, rural, and
statewide transportation planning processes identified in this
chapter; and
(2) encourage the continued improvement and evolution
of the metropolitan, rural, and statewide transportation planning
processes by metropolitan planning organizations, the department,
and public transit operators as guided by the planning factors
identified in state and federal law.
Sec. 201.653. CASH FLOW FORECAST. (a) On September 1 of
each odd-numbered year, the department's chief financial officer
shall issue a cash flow forecast for each method and category of
funding that covers a period of not less than the 10 years following
the date the forecast is issued.
(b) The forecast must identify all sources of funding
available for transportation projects, including bond proceeds.
(c) The first two years of the forecast must be based on the
appropriation of funds in the General Appropriations Act for the
department for that biennium.
Sec. 201.654. ALLOCATION AND DEPOSIT OF FUNDING. (a) The
commission shall use the cash flow forecast under Section 201.653
to allocate funding to the planning organizations in accordance
with Section 201.666.
(b) The funds shall be deposited into subaccounts in the
state highway fund for each region. The balance of each subaccount
shall be carried forward from year to year for the benefit of the
region.
Sec. 201.655. PLANNING ORGANIZATION 10-YEAR PLAN. (a)
Each planning organization shall develop a 10-year transportation
plan for the use of the funding allocated to the region.
(b) The first four years of the plan shall be developed to
meet the transportation improvement program requirements of 23
U.S.C. Section 135.
(c) The department shall compile the planning
organizations' project selections to develop the statewide
transportation plan in accordance with 23 U.S.C. Section 135.
Sec. 201.656. PLANNING ORGANIZATION PROJECT SELECTION AND
PRIORITIZATION. (a) Each metropolitan planning organization
shall, for the area in its boundaries, select projects and order
them in priority.
(b) For an area not located in the boundaries of a
metropolitan planning organization, the applicable department
district shall:
(1) select projects and order them in priority with
input from municipal and county officials and transportation
officials; and
(2) submit the projects to the commission for final
approval.
Sec. 201.657. PROCESS FOR DEVELOPING PLANS AND PROGRAMS.
The process for developing the plans and programs under this
subchapter must:
(1) provide for consideration of all modes of
transportation;
(2) be continuing, cooperative, and comprehensive to
the extent appropriate, based on the complexity of the
transportation problems to be addressed; and
(3) give consideration to statewide connectivity of
transportation services and infrastructure.
Sec. 201.658. PLANNING ORGANIZATION LONG-RANGE PLAN. (a)
A planning organization may also prepare and update periodically a
long-range transportation plan for its region.
(b) The first 10 years of the long-range plan shall be
identical to the plan developed under Section 201.655.
(c) Before approving a long-range transportation plan, a
planning organization shall provide to residents in its boundaries,
affected public agencies, and other interested parties a reasonable
opportunity to comment on the long-range transportation plan.
(d) A planning organization shall make each of its
long-range transportation plans readily available for public
review and shall deliver each plan to the commission at the times
and in the manner required by the commission.
Sec. 201.659. PARTICIPATION IN PLAN DEVELOPMENT. (a) In
developing a plan under this subchapter, a planning organization
shall seek the opinions and assistance of the appropriate
transportation officials.
(b) As appropriate, the department and a metropolitan
planning organization may enter into a memorandum of understanding
relating to the planning of transportation services.
(c) The department shall review the plans of each planning
organization to ensure compliance with the requirements of 23
U.S.C. Section 135, and provide assistance to a planning
organization to correct deficiencies.
Sec. 201.660. PLANS TO BE FINANCIALLY CONSTRAINED. A plan
under this subchapter must be financially constrained and identify
transportation projects and projects for any other mode of
transportation not included in Section 201.651(5).
Sec. 201.661. PLAN ADJUSTMENTS. The commission shall adopt
rules to allow a planning organization to adjust its plan and move
projects forward or delay projects if there are additional or less
funds available than identified in the cash flow forecast under
Section 201.653. Adjustments to the plan may not be made more than
semiannually, unless there are substantial increases or decreases
in available funding.
Sec. 201.662. EVALUATION COMPONENT OF PLAN. A plan under
this subchapter shall include a component, published annually, that
describes the evaluation of transportation improvements based on
performance measures, such as indices that measure delay reductions
or travel time improvements. The planning organization shall
consider the performance measures in selecting transportation
improvements.
Sec. 201.663. DEPARTMENT'S STATEWIDE TRANSPORTATION
PROGRAM AND BUDGET. (a) The department shall use the planning
organizations' project lists to create the statewide
transportation program and budget. The statewide transportation
program and budget shall include at least:
(1) the department's operating budget;
(2) the cash flow forecast under Section 201.653;
(3) the regions' allocations of funds;
(4) the projects selected by the planning
organizations under Section 201.656; and
(5) the work plan required by Section 201.673.
(b) The statewide transportation program and budget shall
be completed and adopted not later than June 30 of each
even-numbered year. The commission shall adopt rules to create a
process for planning organizations to amend the plan from July 1 of
each even-numbered year until August 31 of the following year.
Amendments to the plan may only reorder projects identified in the
same region and are subject to Section 201.661.
Sec. 201.664. LENDING FUNDS BETWEEN PLANNING
ORGANIZATIONS. (a) The commission may adopt rules to allow a
planning organization to loan funds to another planning
organization at the lending organization's discretion. Funds may
be loaned under this section only to avoid the lapsing of federal
appropriations authority.
(b) The rules must allow the lending planning organization
to have a senior position with regard to any future allocated funds
of the borrowing planning organization.
(c) The lending planning organization may not charge
interest on funds borrowed by another planning organization that
exceeds the current bond rate of outstanding state highway fund
bonds or in the absence of outstanding debt the prevailing market
rate for comparable municipal debt. The commission shall notify
all planning organizations of that rate.
(d) A lending planning organization may not be penalized in
its performance measures if it successfully negotiates a loan with
another planning organization.
(e) The commission may be involved in the coordination of a
loan of funds under this section.
Sec. 201.665. ORGANIZATION OF STATEWIDE TRANSPORTATION
PROGRAM AND BUDGET. (a) The statewide transportation program and
budget shall be organized first by region, then by mode of
transportation, followed by the year of the project.
(b) The summary tables of the statewide transportation
program and budget shall summarize the statewide project cost by
mode and then by year and shall be made available online in
accordance with Section 201.672.
Sec. 201.666. TRANSPORTATION ALLOCATION FUNDING FORMULAS.
(a) The commission shall adopt rules that create funding formulas
for transportation projects. In developing the formulas the
commission shall consider the input of planning organizations,
transportation officials, and county and municipal officials.
(b) All funds received by the department for highways,
including toll roads and toll road systems, that may be allocated in
this state's or the department's discretion shall be allocated by a
formula to each planning organization that is based on performance
measures and includes at least the following criteria:
(1) centerline miles;
(2) level of congestion;
(3) percentage of population below federal poverty
level;
(4) population;
(5) safety; and
(6) vehicle miles traveled.
(c) The commission shall allocate to the planning
organizations funding for the project costs of all transportation
projects. The commission shall adopt various formulas for the
different types of transportation projects. The commission shall
adopt rules for all transportation formulas.
Sec. 201.667. USE OF ALLOCATED FUNDS. The funds allocated
to a planning organization under Section 201.666 may be used to:
(1) pay project costs, provide toll equity, or make
payments under a pass-through toll agreement, for transportation
projects selected by the planning organization;
(2) pay debt service;
(3) repay money borrowed from another region; or
(4) fund a planning organization's operations under
Section 201.670.
Sec. 201.668. SURPLUS REVENUE AND CONTRACT PAYMENTS NOT
ALLOCATED BY FORMULA. (a) Revenue from Sections 228.005,
228.0055, and 228.006 shall be allocated in accordance with
Subchapter B, Chapter 228.
(b) Funds associated with toll projects under Chapter 228
are not considered revenue allocated by a formula under Section
201.666.
Sec. 201.669. ENCUMBRANCE OF ALLOCATED FUNDS. (a) The
allocation of funds shall be encumbered in an amount equal to the
engineer's estimate of the project cost and reduced by the actual
project cost at the time payments associated with the project are
paid.
(b) If a planning organization elects to use bond proceeds
to advance a project, the allocation of funds shall be encumbered by
the annual cost of debt service and reduced when debt service
payments are paid.
Sec. 201.670. USE OF ALLOCATED FUNDS FOR OPERATING COSTS OF
PLANNING ORGANIZATION. (a) A metropolitan planning organization
operating in a transportation management area as defined by 23
U.S.C. Section 134(k) may use the allocated funds to pay for the
operating costs of the planning organization. The amount that may
be allocated to pay for the operations of the planning organization
may not exceed the lesser of $10 million or 10 percent of the
planning organization's total funds.
(b) A metropolitan planning organization operating in an
area that is not a transportation management area may use the
allocated funds to pay for the operating costs of the planning
organization. The amount that may be allocated to pay for the
operations of the planning organization may not exceed the lesser
of $3 million or 10 percent of the planning organization's total
funds.
Sec. 201.671. COMMISSION EMERGENCY AND ECONOMIC
DEVELOPMENT FUNDS. (a) Notwithstanding Section 201.654(b), the
commission may annually set aside an amount of funds not to exceed
the lesser of $250 million or 10 percent of the total funds
allocated to all districts for the purpose of addressing
emergencies or economic development opportunities that require
transportation infrastructure. The funds may be carried forward
from year to year but may not accumulate to more than $1 billion.
(b) If the commission elects to set aside an amount of funds
under Subsection (a), the total amount of funds available for
allocation shall be reduced by the amount set aside before the
allocation of funds by a formula under Section 201.666.
(c) The funds shall be encumbered in an amount equal to the
engineer's estimate of the project cost and reduced by the actual
project cost at the time payments associated with the project are
paid.
(d) The commission may use funds set aside under this
section for emergency and economic development opportunities that
require transportation infrastructure in the same manner a planning
organization may use money allocated under Section 201.667.
(e) If the commission elects to use bond proceeds to advance
a project, the funds shall be encumbered by the annual cost of debt
service and reduced when debt service payments are paid.
(f) The funds set aside under Subsection (a) may be used to
pay cost overruns and change orders only for projects selected by
the commission under this section.
(g) The commission may use the funds set aside under
Subsection (a) to make payments for projects funded in accordance
with Section 222.104 or to provide toll equity only if the
commission selects the projects using a competitive project
selection process.
Sec. 201.672. TRANSPORTATION TRANSPARENCY PROGRAM FOR
PROJECTS AND ALLOCATIONS. (a) The department shall develop an
interactive web-based system for the tracking of planning
organization allocations and projects. The planning organizations
shall be granted access to the system through a secure site to input
information regarding projects and the associated project costs.
(b) The system shall provide the planning organization
information regarding the organization's allocation of funding for
the region and the federal and state requirements for each source of
funding.
(c) The department shall assign a project number to each
project that correlates to the region in which the project is
located.
(d) The department shall develop standardized reports to
assist district engineers and executive staff in tracking the
efficiency of project development and to ensure the prudent use of
funds by the planning organization.
(e) The system shall be linked to a publicly accessible
website that enables the tracking of project development and the
expenditure of funds. For each project the website must contain a
map identifying the location of the project and a report that
identifies the project, a general scope of work, the allocation of
funds associated with the project, and a current report of
expenditures.
(f) The website shall include mapping of projects by
district to allow easy identification of projects in each district.
Sec. 201.673. DEPARTMENT 10-YEAR BUSINESS WORK PLAN. On
completion of the 10-year transportation plan under Section
201.655, the department shall use the lists of projects to develop a
proposed 10-year business work plan. The work plan shall be adopted
not later than August 31 of each even-numbered year and include:
(1) a list of projects for which planning, permitting,
design, right-of-way acquisition, or construction work will be
conducted during the period;
(2) the state fiscal quarter in which key milestones
for each project will be reached, including environmental
clearance, completion of final engineering plans, completion of
right-of-way acquisition, letting to contract, and completion of
construction; and
(3) the funding allocated or estimated in each state
fiscal year for each category of work for each project.
Sec. 201.674. FINALIZED BIENNIAL PROJECT PLAN. In addition
to the plan required by Section 201.673 and other provisions of this
chapter, not later than August 31 of each odd-numbered year, the
department shall finalize a project plan for the period that begins
on September 1 of that year and ends on August 31 of the following
odd-numbered year. The plan must include:
(1) a project schedule with funding for each phase of
each project;
(2) a consultant acquisition plan with a schedule for
contract selections;
(3) a right-of-way acquisition plan; and
(4) a letting plan.
Sec. 201.675. PERFORMANCE MEASURES FOR BIENNIAL PROJECT
PLAN. (a) The department shall develop a set of performance
measures for the plan under Section 201.674 intended to measure:
(1) the execution of the work plan;
(2) the efficiency and cost-effectiveness of its
business practices;
(3) the preservation of the state highway system
investment;
(4) the addition of new capacity to the state highway
system;
(5) safety initiatives; and
(6) utilization of minority, disadvantaged, and small
businesses.
(b) At a minimum, the performance measures adopted under
Subsection (a) must include:
(1) the percentage of projects for which environmental
clearance is obtained on or before the planned date;
(2) the number of engineering contracts or work orders
executed in contrast with the number planned;
(3) the average time between selection and execution
of a contract for engineering services;
(4) the number of right-of-way parcels acquired and
the number scheduled to be acquired;
(5) the percentage of projects for which right-of-way
acquisition is completed on or before the planned date;
(6) the percentage of parcels acquired through
negotiation;
(7) the percentage of negotiated parcels acquired for
an amount that does not exceed 120 percent of the initial department
offer;
(8) the total amount spent for right-of-way as a
percentage of the original estimated amount;
(9) the number of construction contracts entered into
in contrast with the number planned;
(10) the percentage of construction contracts
executed on or before the planned letting date;
(11) the total amount spent for construction contracts
as a percentage of the original estimated amount;
(12) for all construction contracts completed during
the state fiscal year, the percentage completed within 20 percent
of the original contract time;
(13) for all construction contracts completed during
the state fiscal year, the percentage completed within 10 percent
of the original contract price;
(14) construction contract adjustments as a
percentage of original contract price;
(15) the percentage of bridge structures on the state
highway system that have a rating of good or excellent;
(16) the percentage of bridge structures on the state
highway system that have a posted weight limitation;
(17) the number of bridge repair contracts let in
contrast with the number planned;
(18) the number of bridge replacement contracts let in
contrast with the number planned;
(19) the percentage of lane miles on the state highway
system that have a pavement condition rating of excellent or good;
(20) the number of lane miles on the state highway
system that were resurfaced in contrast with the number planned;
(21) the number of lane miles of capacity improvement
projects let in contrast with the number planned;
(22) of the federal funds subject to forfeiture at the
end of the state fiscal year, the percentage that was committed by
the department;
(23) the amounts of cash receipts and disbursements in
contrast with the forecasted amounts;
(24) the amount spent in connection with contracts
with minority business enterprises as a percentage of the amount
spent on all contracts;
(25) the number of construction contracts let in
contrast with the number let in previous state fiscal years;
(26) the peak hour travel congestion in the seven
largest metropolitan areas in contrast with previous state fiscal
years;
(27) the number of vehicle miles traveled in contrast
with previous state fiscal years; and
(28) the number of lane miles added as a percentage of
the number of previously existing lane miles.
(c) The department shall consult with the legislative
oversight committee on transportation under Section 201.451 in
developing the performance measures under Subsection (a). This
subsection expires August 31, 2015.
Sec. 201.676. PERFORMANCE REVIEW. Not later than December
1 of each odd-numbered year, the commission shall review the
performance of the department's activities under the plan described
in Section 201.674 and make the review available to the public. The
review must include a report on the level of achievement of each
performance measure adopted under Section 201.675(a), statewide
and by department district, and a status report on each major
project under development.
SECTION 6. Section 222.034(b), Transportation Code, is
amended to read as follows:
(b) The commission may vary from the distribution procedure
provided by Subsection (a) if it issues a ruling or minute order
identifying the variance and providing a particular justification
for the variance. If the commission intends to vary from the
distribution procedure, it must allocate the funding in accordance
with a formula adopted under Section 201.666.
SECTION 7. Subchapter D, Chapter 472, Transportation Code,
is amended by adding Sections 472.0311 and 472.0312 to read as
follows:
Sec. 472.0311. OPEN MEETINGS. A policy board is subject to
Chapter 551, Government Code.
Sec. 472.0312. BOARD MEMBERSHIP AND VOTING REQUIREMENTS;
ELIGIBILITY FOR STATE ALLOCATION OF FUNDING. (a) For a
metropolitan planning organization to be eligible to receive funds
from this state for transportation projects under Section 201.666:
(1) at least 75 percent of the organization's policy
board members must be elected officials who are elected in the
boundaries of the metropolitan planning organization; and
(2) only elected officials may be voting members of
the organization's policy board.
(b) A metropolitan planning organization that is not
eligible under Subsection (a) may redesignate the board in
compliance with the redesignation procedures in 23 U.S.C. Section
134 to become eligible to receive an allocation of funds under
Section 201.666.
(c) In this section, "elected official" means the presiding
officer or a member of the governing body of a municipality, a
county judge, a county commissioner, a state representative, or a
state senator.
SECTION 8. Section 472.032, Transportation Code, is amended
to read as follows:
Sec. 472.032. VOTING PROXIES BY POLICY BOARD MEMBERS
PROHIBITED. (a) A policy board may not allow its members to vote by
proxy [provide in its bylaws for appointment of voting proxies by
its members].
(b) [A proxy appointed under Subsection (a):
[(1) acts on behalf of and under the supervision of the
policy board member who appointed the proxy;
[(2) must be appointed in writing; and
[(3) is authorized to vote for the policy board member
who appointed the proxy to the extent the member has given the proxy
the member's voting power.
[(c)] A legislative member of a policy board may not be
counted as absent at a meeting of the policy board during a
legislative session.
[(d) A legislative member of a policy board may only appoint
a proxy under Subsection (a) who is:
[(1) the legislative member's employee or staff
member;
[(2) a person related to the member within the second
degree by consanguinity, as determined under Subchapter B, Chapter
573, Government Code, who is not required to register as a lobbyist
under Chapter 305, Government Code;
[(3) another legislative member of the policy board;
or
[(4) a locally elected official.]
SECTION 9. Section 472.033, Transportation Code, is amended
to read as follows:
Sec. 472.033. APPLICABILITY OF CONFLICTS OF INTEREST LAW TO
POLICY BOARD MEMBERS. [(a)] A policy board member is considered to
be a local public official for purposes of Chapter 171, Local
Government Code.
[(b) If a policy board member must abstain from
participation in a vote or decision under Section 171.004, Local
Government Code, the member's proxy appointed under Section 472.032
may not participate in the vote or decision.
[(c) The appointment of a proxy by a policy board member
does not excuse the member from filing an affidavit required under
Section 171.004, Local Government Code.]
SECTION 10. (a) The terms of the members of the Texas
Transportation Commission serving on the effective date of this Act
expire September 1, 2011, and members shall be appointed in
accordance with Section 201.051, Transportation Code, as amended by
this Act, for terms to begin September 1, 2011.
(b) As soon as practicable after appointment, members
appointed under Subsection (a) of this section shall draw lots to
determine whose terms will expire February 1, 2013, whose terms
will expire February 1, 2015, and whose terms will expire February
1, 2017.
SECTION 11. The Texas Transportation Commission or the
legislative oversight committee on transportation, as applicable,
shall appoint an inspector general as required by Section 201.452,
Transportation Code, as added by this Act, not later than December
1, 2011.
SECTION 12. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.