82R7795 JAM-F
By: Wentworth, Zaffirini S.B. No. 1860
A BILL TO BE ENTITLED
AN ACT
relating to funding for transportation needs in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 14, Local Government Code, is
amended by adding Chapter 616 to read as follows:
CHAPTER 616. FUNDING FOR COUNTY TRANSPORTATION NEEDS
Sec. 616.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of
Transportation.
(2) "Metropolitan planning organization" has the
meaning assigned by Section 472.031, Transportation Code.
Sec. 616.002. APPLICABILITY OF CHAPTER. This chapter
applies only to a county with a population of at least 1.7 million
that contains a municipality in which at least 75 percent of the
county's population resides.
Sec. 616.003. REDUCTION OF TRADITIONAL TRANSPORTATION
FUNDING PROHIBITED. (a) A county may not be penalized with a
reduction in traditional transportation funding because of the
imposition of an additional transportation funding source under
this chapter.
(b) The department may not reduce any allocation of
traditional transportation funding to any of its districts because
of a district including a county that imposes an additional
transportation funding source under this chapter.
(c) A county or another entity funding transportation in the
county may not reduce traditional transportation funding because
the county imposes an additional transportation funding source
under this chapter.
Sec. 616.004. CALLING OF ELECTION. (a) The commissioners
court of a county by order may call an election on the issue of
authorizing one or more additional revenue sources in the county
to:
(1) acquire, construct, develop, own, operate, and
maintain passenger rail, transit, roadway, and freight rail
facilities and sidewalks, hiking trails, and biking trails;
(2) fund operations, maintenance, capital, and debt
service expenses for passenger rail, transit, roadways, freight
rail, sidewalks, hiking trails, and biking trails; and
(3) contract with a transportation authority or
transportation provider for a purpose authorized under Chapter 451,
Transportation Code, including providing mobility services and
implementing transportation projects except as provided by Section
616.009.
(b) The commissioners court shall call an election on the
issue described by Subsection (a) on receipt of resolutions
requesting that the election be called adopted by the governing
body of:
(1) an advanced transportation district as defined by
Subchapter O, Chapter 451, Transportation Code, or a successor to
such a district, that is located partially or completely in the
county; and
(2) the municipality that has the largest population
in the county.
(c) The commissioners court may adopt an order under this
section only after holding a public hearing on the issue.
Sec. 616.005. ELECTION ORDER. An order under Section
616.004 calling an election must:
(1) designate each additional revenue source and the
proposed rate or amount of the source to be used to fund capital
construction of a transportation project and, if applicable, a
separate and corresponding proposed rate or amount for maintenance
and operation of the project;
(2) list the proposed transportation projects and the
entity responsible for construction and operation of the projects
to be funded with each additional revenue source and require that
the ballots for the election be prepared so that the voters are
permitted to vote on each project separately;
(3) list the estimated cost of and completion date for
the capital construction of each proposed transportation project;
(4) list the date on which the proposed rate or amount
for the capital construction of a transportation project is
expected to expire; and
(5) if applicable, list the estimated annual
maintenance and operation expenses for the transportation project
for which a rate or amount is proposed under Subdivision (1).
Sec. 616.006. ADDITIONAL REVENUE SOURCES. (a) The
additional revenue sources under Section 616.005 may include any
transportation-related revenue source the commissioners court and
the governing body of the municipality that has the largest
population in the county consider appropriate, including:
(1) a fee on a driver's license issued to a county
resident, not to exceed $50; and
(2) a fee on a car rented within the county, not to
exceed $10.
(b) Chapter 395 does not apply to a fee imposed under
Subsection (a)(2).
Sec. 616.007. IMPOSITION OF ADDITIONAL REVENUE SOURCE. (a)
The commissioners court by order, and the governing body of the
municipality that has the largest population in the county by
ordinance, shall impose an additional revenue source approved at an
election called under Section 616.004.
(b) At a minimum, the order or ordinance imposing the
additional revenue source must specify:
(1) the rate of the additional revenue source, which
may not exceed the maximum rate approved at the election;
(2) the effective date of the additional revenue
source;
(3) the manner in which the additional revenue source
will be administered, collected, and enforced; and
(4) the transportation project or projects to be
funded with each additional revenue source.
(c) For any additional revenue source authorized by this
chapter, the commissioners court by order and the governing body of
the municipality that has the largest population in the county by
ordinance, after conducting a public hearing, may establish an
exemption, waiver, or partial reduction for individuals of low
income who demonstrate significant financial hardship.
Sec. 616.008. PROJECT SELECTION. In determining the county
transportation projects to be funded with the additional revenue
sources authorized under this chapter, a county and the governing
body of the municipality that has the largest population in the
county shall:
(1) consult with:
(A) the metropolitan planning organization for
the region in which the county is located;
(B) a regional mobility authority operating
under Chapter 370, Transportation Code, that serves the county; and
(C) a transit or transportation authority
created or operating under Chapter 451, 452, or 460, Transportation
Code, that serves the county; and
(2) consider the geographic location of other state or
federally funded transportation projects, advanced transportation
projects, and mobility enhancement projects to ensure geographic
equity in the planning and development of the projects.
Sec. 616.009. FUNDING OF TOLL PROJECT PROHIBITED. A county
may not use money from an additional revenue source authorized
under this chapter:
(1) to acquire, construct, maintain, or otherwise
directly fund a toll project; or
(2) for a transportation project if the money is used
in order to reallocate other revenue toward a toll project.
SECTION 2. Section 502.003(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (b) and by Chapter 616,
Local Government Code, a political subdivision of this state may
not require an owner of a motor vehicle to:
(1) register the vehicle;
(2) pay a motor vehicle registration fee; or
(3) pay an occupation tax or license fee in connection
with a motor vehicle.
SECTION 3. This Act takes effect January 1, 2012.