Texas 2013 - 83rd Regular

Texas Senate Bill SB948 Compare Versions

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Old	New	Differences
1	1	83R18266 VOO-F
2	2	By: Nelson S.B. No. 948
3	3	(Parker)
4	4	Substitute the following for S.B. No. 948: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to management of a coordinated county transportation
10	10	authority.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 431.003(3), Transportation Code, is
13	13	amended to read as follows:
14	14	(3) "Local government" means:
15	15	(A) a municipality;
16	16	(B) a county; or
17	17	(C) for purposes of Subchapter D:
18	18	(i) [,] a navigation district, hospital
19	19	district, or hospital authority;
20	20	(ii) [, or] a regional transportation
21	21	authority governed by Chapter 452; or
22	22	(iii) a coordinated county transportation
23	23	authority governed by Chapter 460 [as described by Section
24	24	452.001].
25	25	SECTION 2. Section 460.054(b), Transportation Code, is
26	26	amended to read as follows:
27	27	(b) The interim executive committee is composed of:
28	28	(1) one member appointed by the governing body of each
29	29	municipality with a population of 12,000 or more that is located in
30	30	the county;
31	31	(2) three members appointed by the commissioners
32	32	court, two of whom must reside in the unincorporated area of the
33	33	county; [and]
34	34	(3) three members to be designated by the remaining
35	35	municipalities with a population of more than 500 but less than
36	36	12,000 located in the county; and
37	37	(4) one member appointed by the governing body of each
38	38	municipality in the county with a population of more than 500 but
39	39	less than 12,000 that:
40	40	(A) designates a public transportation financing
41	41	area under Section 460.603;
42	42	(B) enters into an agreement with the authority
43	43	to provide public transportation services in the public
44	44	transportation financing area under Subchapter I; and
45	45	(C) did not approve the designation of any member
46	46	designated under Subdivision (3).
47	47	SECTION 3. Section 460.105, Transportation Code, is amended
48	48	by adding Subsection (c) to read as follows:
49	49	(c) A private operator who contracts with an authority under
50	50	this chapter is not a public entity for purposes of any law of this
51	51	state except that an independent contractor of the authority that
52	52	performs a function of the authority is liable for damages only to
53	53	the extent that the authority would be liable if the authority or
54	54	entity itself were performing the function.
55	55	SECTION 4. Section 460.1092(a), Transportation Code, is
56	56	amended to read as follows:
57	57	(a) An authority may employ or contract for persons to serve
58	58	as fare enforcement officers to enforce the payment of fares for use
59	59	of the public transportation system by:
60	60	(1) requesting and inspecting evidence showing
61	61	payment of the appropriate fare from a person using the public
62	62	transportation system; and
63	63	(2) issuing a citation to a person described by
64	64	Section 460.1091(d).
65	65	SECTION 5. Section 460.2015(a), Transportation Code, is
66	66	amended to read as follows:
67	67	(a) The board of directors of an authority confirmed under
68	68	Subchapter B may increase the population amount stated by Section
69	69	460.054(b)(1) in increments of up to 5,000. If the board increases
70	70	that population amount, the board shall also increase each
71	71	population amount stated by Sections 460.054(b)(3), (b)(4), and (c)
72	72	[460.054(c)] by the same amount.
73	73	SECTION 6. Section 460.202, Transportation Code, is amended
74	74	to read as follows:
75	75	Sec. 460.202. ELIGIBILITY. To be eligible for appointment
76	76	to the board of directors, a person must:
77	77	(1) have professional experience in the field of
78	78	transportation, business, government, engineering, or law; and
79	79	(2) reside:
80	80	(A) in the territory of the authority; or
81	81	(B) outside the territory of the authority in a
82	82	municipality that is located partly in the territory of the
83	83	authority.
84	84	SECTION 7. Section 460.406(c), Transportation Code, is
85	85	amended to read as follows:
86	86	(c) The board of directors may authorize the negotiation of
87	87	a contract without competitive sealed bids or proposals if:
88	88	(1) the aggregate amount involved in the contract is
89	89	$50,000 or less;
90	90	(2) the contract is for construction for which not
91	91	more than one bid or proposal is received;
92	92	(3) the contract is for services or property for which
93	93	there is only one source or for which it is otherwise impracticable
94	94	to obtain competition;
95	95	(4) the contract is to respond to an emergency for
96	96	which the public exigency does not permit the delay incident to the
97	97	competitive process;
98	98	(5) the contract is for personal or professional
99	99	services or services for which competitive bidding is precluded by
100	100	law;
101	101	(6) the contract, without regard to form and which may
102	102	include bonds, notes, loan agreements, or other obligations, is for
103	103	the purpose of borrowing money or is a part of a transaction
104	104	relating to the borrowing of money, including:
105	105	(A) a credit support agreement, such as a line or
106	106	letter of credit or other debt guaranty;
107	107	(B) a bond, note, debt sale or purchase, trustee,
108	108	paying agent, remarketing agent, indexing agent, or similar
109	109	agreement;
110	110	(C) an agreement with a securities dealer,
111	111	broker, or underwriter; and
112	112	(D) any other contract or agreement considered by
113	113	the board of directors to be appropriate or necessary in support of
114	114	the authority's financing activities;
115	115	(7) the contract is for work that is performed and paid
116	116	for by the day as the work progresses;
117	117	(8) the contract is for the lease or purchase of an
118	118	interest in land [or a right-of-way];
119	119	(9) the contract is for the purchase of personal
120	120	property sold:
121	121	(A) at an auction by a state licensed auctioneer;
122	122	(B) at a going out of business sale held in
123	123	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
124	124	or
125	125	(C) by a political subdivision of this state, a
126	126	state agency, or an entity of the federal government;
127	127	(10) the contract is for services performed by blind
128	128	or severely disabled persons;
129	129	(11) the contract is for the purchase of electricity;
130	130	[or]
131	131	(12) the contract is one for an authority project and
132	132	awarded for alternate project delivery using the procedures under
133	133	Subchapters E, F, [and] G, and I, Chapter 2267, Government Code, as
134	134	added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
135	135	Regular Session, 2011; or
136	136	(13) the contract is for fare enforcement officer
137	137	services under Section 460.1092.
138	138	SECTION 8. Section 460.105(c), Transportation Code, as
139	139	added by this Act, applies only to a cause of action that accrues on
140	140	or after the effective date of this Act. A cause of action that
141	141	accrues before the effective date of this Act is governed by the law
142	142	in effect immediately before that date, and that law is continued in
143	143	effect for that purpose.
144	144	SECTION 9. This Act takes effect September 1, 2013.