H.B. No. 3777
AN ACT
relating to the establishment and governance of certain regional
transportation authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 321.101(b), Tax Code, is amended to read
as follows:
(b) A municipality that is not disqualified may, by a
majority vote of the qualified voters of the municipality voting at
an election held for that purpose, adopt an additional sales and use
tax for the benefit of the municipality in accordance with this
chapter. A municipality is disqualified from adopting the
additional sales and use tax if the municipality:
(1) is included within the boundaries of a rapid
transit authority created under Chapter 451, Transportation Code;
(2) is included within the boundaries of a regional
transportation authority created under Chapter 452, Transportation
Code, by a principal municipality having a population of less than
1.1 million according to the most recent federal decennial census
[800,000], unless the municipality has a population of 400,000 or
more and is located in more than one county;
(3) is wholly or partly located in a county that
contains territory within the boundaries of a regional
transportation authority created under Chapter 452, Transportation
Code, by a principal municipality having a population in excess of
1.1 million according to the most recent federal decennial census
[800,000], unless:
(A) the municipality is a contiguous
municipality; or
(B) the municipality is not included within the
boundaries of the authority and is located wholly or partly in a
county in which fewer than 250 persons are residents of both the
county and the authority according to the most recent federal
census; or
(C) the municipality is not and on January 1,
1993, was not included within the boundaries of the authority; or
(4) imposes a tax authorized by Chapter 453,
Transportation Code.
SECTION 2. Section 321.1025(a), Tax Code, is amended to
read as follows:
(a) A municipality that is wholly or partly located in a
county that contains territory within the boundaries of a regional
transportation authority created under Chapter 452, Transportation
Code, by a principal municipality having a population of more than
1.1 million according to the most recent federal decennial census
[800,000] and that has adopted an additional sales and use tax for
the benefit of the municipality may hold an election on the question
of whether the municipality shall be annexed to the authority.
SECTION 3. Section 452.502(a), Transportation Code, is
amended to read as follows:
(a) The executive committee of a regional transportation
authority confirmed in more than one subregion is composed of 11
members selected as follows:
(1) seven members from the membership of the
subregional board in the subregion that has [containing] a
principal municipality with [having] a population of more than 1.1
million according to the most recent federal decennial census
[800,000]; and
(2) four members from the membership of the
subregional board in the subregion that has no principal
municipality with a population of more than 1.1 million according
to the most recent federal decennial census [800,000].
SECTION 4. The heading to Subchapter N, Chapter 452,
Transportation Code, is amended to read as follows:
SUBCHAPTER N. SUBREGIONAL BOARD IN AUTHORITY HAVING NO MUNICIPALITY
WITH POPULATION OF MORE THAN 1.1 MILLION [800,000]
SECTION 5. Section 452.561, Transportation Code, is amended
to read as follows:
Sec. 452.561. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the board of a subregion that has no principal
municipality with a population of more than 1.1 million according
to the most recent federal decennial census [800,000].
SECTION 6. Sections 452.562(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) A subregional board is composed of 11 [nine] members.
(b) If the entire county of the principal municipality is
included in the authority, the subregional board consists of:
(1) five [four] members appointed by the governing
body of the principal municipality;
(2) five [four] members appointed by the commissioners
court of the county of the principal municipality; and
(3) one member appointed by the governing body of a
municipality that is in the authority and has a population of more
than 100,000.
(c) If Subsection (b) does not apply, the subregional board
shall be appointed as follows:
(1) the commissioners court of the county of the
principal municipality shall appoint at least three members [one
member] to represent:
(A) the unincorporated areas and municipalities
in the county that are not otherwise represented on the subregional
board; and
(B) the municipalities that have entered into a
contract with the authority to receive services; and
(2) the remaining members shall be apportioned to the
municipalities confirmed as all or part of the subregion according
to the ratio that the population of each unit of election bears to
the total population of the area confirmed as the subregion.
SECTION 7. The heading to Subchapter O, Chapter 452,
Transportation Code, is amended to read as follows:
SUBCHAPTER O. SUBREGIONAL BOARD IN SUBREGION HAVING PRINCIPAL
MUNICIPALITY WITH POPULATION OF MORE THAN 1.1 MILLION [800,000]
SECTION 8. Section 452.571, Transportation Code, is amended
to read as follows:
Sec. 452.571. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to the board of a subregion that has a principal
municipality with a population of more than 1.1 million according
to the most recent federal decennial census [800,000].
SECTION 9. Sections 452.605(a) and (b), Transportation
Code, are amended to read as follows:
(a) A municipality with [having] a population of at least
250,000 according to the most recent [preceding] federal decennial
census and located in a county that has no principal municipality
with a population of more than 1.1 million [800,000] according to
the most recent [preceding] federal decennial census may join a
separate authority by complying with this chapter.
(b) If a municipality described by Subsection (a) joins a
separate authority and another separate authority is subsequently
established in a county that has no principal municipality with a
[of more than 800,000] population of more than 1.1 million
according to the most recent [preceding] federal decennial census,
any municipality in that county that has voted to participate with
any authority created under this chapter may at the time of the
creation of the new authority:
(1) remain in the authority that was created first;
(2) join the new authority in the county in which the
municipality is located; or
(3) participate with both authorities.
SECTION 10. Section 452.657, Transportation Code, is
amended by adding Subsections (e) and (f) to read as follows:
(e) In a unit of election with a population of less than
10,000 according to the most recent federal decennial census that
withdraws from an authority consisting of one subregion governed by
a subregional board created under Subchapter N, title to all real
estate in the unit of election owned or partially owned by the
authority, including improvements made by the authority, except a
right-of-way or an improvement to a right-of-way, shall immediately
vest in the authority, and the authority may continue to use the
real estate and improvements in the withdrawn unit of election as
may be determined by the authority to be necessary:
(1) for the continuation of service to other units of
election;
(2) to satisfy the authority's remaining federal grant
obligation for the real estate and improvements; or
(3) for the operation of a public transportation
system as provided by Section 452.056(a).
(f) An authority is responsible for all operation and
maintenance costs of the property and improvements located in the
withdrawn unit of election that are owned or partially owned by the
authority as described by Subsection (e).
SECTION 11. Section 452.659, Transportation Code, is
amended by adding Subsection (e) to read as follows:
(e) Notwithstanding any other provision of this chapter, in
determining the total financial obligation of a withdrawn unit of
election to an authority consisting of one subregion governed by a
subregional board created under Subchapter N, Subsection (a)(2)
does not apply, and the amounts calculated under Subsection (a)(1)
do not include any financial, contractual, or other obligations
incurred by the authority between the date that an election to
withdraw is ordered and the date of the canvass of the election.
The executive committee shall determine the total financial
obligation of the withdrawn unit of election not later than the
180th day after the date the election is called. This subsection:
(1) applies to an election to withdraw that is ordered
before, on, or after September 1, 2015; and
(2) expires August 31, 2016.
SECTION 12. Section 452.710(b), Transportation Code, is
amended to read as follows:
(b) The interim subregional board of a subregion that has no
principal municipality with a population of more than 1.1 million
according to the most recent federal decennial census [800,000] is
composed of 11 [nine] members appointed as provided by Section
452.562(b).
SECTION 13. Section 452.712(d), Transportation Code, is
amended to read as follows:
(d) In a subregion that has no principal municipality with a
population of more than 1.1 million according to the most recent
federal decennial census [800,000], the tax rate must be approved
by the commissioners court before the confirmation election.
SECTION 14. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3777 was passed by the House on May
13, 2015, by the following vote: Yeas 145, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3777 on May 28, 2015, by the following vote: Yeas 143, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3777 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor