Texas 2015 - 84th Regular

Texas Senate Bill SB1511 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Hancock S.B. No. 1511
2	2	(Collier)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment and governance of certain regional
8	8	transportation authorities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 321.101(b), Tax Code, is amended to read
11	11	as follows:
12	12	(b) A municipality that is not disqualified may, by a
13	13	majority vote of the qualified voters of the municipality voting at
14	14	an election held for that purpose, adopt an additional sales and use
15	15	tax for the benefit of the municipality in accordance with this
16	16	chapter. A municipality is disqualified from adopting the
17	17	additional sales and use tax if the municipality:
18	18	(1) is included within the boundaries of a rapid
19	19	transit authority created under Chapter 451, Transportation Code;
20	20	(2) is included within the boundaries of a regional
21	21	transportation authority created under Chapter 452, Transportation
22	22	Code, by a principal municipality having a population of less than
23	23	1.1 million according to the most recent federal decennial census
24	24	[800,000], unless the municipality has a population of 400,000 or
25	25	more and is located in more than one county;
26	26	(3) is wholly or partly located in a county that
27	27	contains territory within the boundaries of a regional
28	28	transportation authority created under Chapter 452, Transportation
29	29	Code, by a principal municipality having a population in excess of
30	30	1.1 million according to the most recent federal decennial census
31	31	[800,000], unless:
32	32	(A) the municipality is a contiguous
33	33	municipality; or
34	34	(B) the municipality is not included within the
35	35	boundaries of the authority and is located wholly or partly in a
36	36	county in which fewer than 250 persons are residents of both the
37	37	county and the authority according to the most recent federal
38	38	census; or
39	39	(C) the municipality is not and on January 1,
40	40	1993, was not included within the boundaries of the authority; or
41	41	(4) imposes a tax authorized by Chapter 453,
42	42	Transportation Code.
43	43	SECTION 2. Section 321.1025(a), Tax Code, is amended to
44	44	read as follows:
45	45	(a) A municipality that is wholly or partly located in a
46	46	county that contains territory within the boundaries of a regional
47	47	transportation authority created under Chapter 452, Transportation
48	48	Code, by a principal municipality having a population of more than
49	49	1.1 million according to the most recent federal decennial census
50	50	[800,000] and that has adopted an additional sales and use tax for
51	51	the benefit of the municipality may hold an election on the question
52	52	of whether the municipality shall be annexed to the authority.
53	53	SECTION 3. Section 452.502(a), Transportation Code, is
54	54	amended to read as follows:
55	55	(a) The executive committee of a regional transportation
56	56	authority confirmed in more than one subregion is composed of 11
57	57	members selected as follows:
58	58	(1) seven members from the membership of the
59	59	subregional board in the subregion that has [containing] a
60	60	principal municipality with [having] a population of more than 1.1
61	61	million according to the most recent federal decennial census
62	62	[800,000]; and
63	63	(2) four members from the membership of the
64	64	subregional board in the subregion that has no principal
65	65	municipality with a population of more than 1.1 million according
66	66	to the most recent federal decennial census [800,000].
67	67	SECTION 4. The heading to Subchapter N, Chapter 452,
68	68	Transportation Code, is amended to read as follows:
69	69	SUBCHAPTER N. SUBREGIONAL BOARD IN AUTHORITY HAVING NO
70	70	MUNICIPALITY WITH POPULATION OF MORE THAN 1.1 MILLION [800,000]
71	71	SECTION 5. Section 452.561, Transportation Code, is amended
72	72	to read as follows:
73	73	Sec. 452.561. APPLICABILITY OF SUBCHAPTER. This subchapter
74	74	applies only to the board of a subregion that has no principal
75	75	municipality with a population of more than 1.1 million according
76	76	to the most recent federal decennial census [800,000].
77	77	SECTION 6. Sections 452.562(a), (b), and (c),
78	78	Transportation Code, are amended to read as follows:
79	79	(a) A subregional board is composed of 11 [nine] members.
80	80	(b) If the entire county of the principal municipality is
81	81	included in the authority, the subregional board consists of:
82	82	(1) five [four] members appointed by the governing
83	83	body of the principal municipality;
84	84	(2) five [four] members appointed by the commissioners
85	85	court of the county of the principal municipality; and
86	86	(3) one member appointed by the governing body of a
87	87	municipality that is in the authority and has a population of more
88	88	than 100,000.
89	89	(c) If Subsection (b) does not apply, the subregional board
90	90	shall be appointed as follows:
91	91	(1) the commissioners court of the county of the
92	92	principal municipality shall appoint at least three members [one
93	93	member] to represent:
94	94	(A) the unincorporated areas and municipalities
95	95	in the county that are not otherwise represented on the subregional
96	96	board; and
97	97	(B) the municipalities that have entered into a
98	98	contract with the authority to receive services; and
99	99	(2) the remaining members shall be apportioned to the
100	100	municipalities confirmed as all or part of the subregion according
101	101	to the ratio that the population of each unit of election bears to
102	102	the total population of the area confirmed as the subregion.
103	103	SECTION 7. The heading to Subchapter O, Chapter 452,
104	104	Transportation Code, is amended to read as follows:
105	105	SUBCHAPTER O. SUBREGIONAL BOARD IN SUBREGION HAVING PRINCIPAL
106	106	MUNICIPALITY WITH POPULATION OF MORE THAN 1.1 MILLION [800,000]
107	107	SECTION 8. Section 452.571, Transportation Code, is amended
108	108	to read as follows:
109	109	Sec. 452.571. APPLICABILITY OF SUBCHAPTER. This subchapter
110	110	applies only to the board of a subregion that has a principal
111	111	municipality with a population of more than 1.1 million according
112	112	to the most recent federal decennial census [800,000].
113	113	SECTION 9. Sections 452.605(a) and (b), Transportation
114	114	Code, are amended to read as follows:
115	115	(a) A municipality with [having] a population of at least
116	116	250,000 according to the most recent [preceding] federal decennial
117	117	census and located in a county that has no principal municipality
118	118	with a population of more than 1.1 million [800,000] according to
119	119	the most recent [preceding] federal decennial census may join a
120	120	separate authority by complying with this chapter.
121	121	(b) If a municipality described by Subsection (a) joins a
122	122	separate authority and another separate authority is subsequently
123	123	established in a county that has no principal municipality with a
124	124	[of more than 800,000] population of more than 1.1 million
125	125	according to the most recent [preceding] federal decennial census,
126	126	any municipality in that county that has voted to participate with
127	127	any authority created under this chapter may at the time of the
128	128	creation of the new authority:
129	129	(1) remain in the authority that was created first;
130	130	(2) join the new authority in the county in which the
131	131	municipality is located; or
132	132	(3) participate with both authorities.
133	133	SECTION 10. Section 452.657, Transportation Code, is
134	134	amended by adding Subsections (e) and (f) to read as follows:
135	135	(e) In a unit of election with a population of less than
136	136	10,000 according to the most recent federal decennial census that
137	137	withdraws from an authority consisting of one subregion governed by
138	138	a subregional board created under Subchapter N, title to all real
139	139	estate in the unit of election owned or partially owned by the
140	140	authority, including improvements made by the authority, except a
141	141	right-of-way or an improvement to a right-of-way, shall immediately
142	142	vest in the authority, and the authority may continue to use the
143	143	real estate and improvements in the withdrawn unit of election as
144	144	may be determined by the authority to be necessary:
145	145	(1) for the continuation of service to other units of
146	146	election;
147	147	(2) to satisfy the authority's remaining federal grant
148	148	obligation for the real estate and improvements; or
149	149	(3) for the operation of a public transportation
150	150	system as provided by Section 452.056(a).
151	151	(f) An authority is responsible for all operation and
152	152	maintenance costs of the property and improvements located in the
153	153	withdrawn unit of election that are owned or partially owned by the
154	154	authority as described by Subsection (e).
155	155	SECTION 11. Section 452.659, Transportation Code, is
156	156	amended by adding Subsection (e) to read as follows:
157	157	(e) Notwithstanding any other provision of this chapter, in
158	158	determining the total financial obligation of a withdrawn unit of
159	159	election to an authority consisting of one subregion governed by a
160	160	subregional board created under Subchapter N, Subsection (a)(2)
161	161	does not apply, and the amounts calculated under Subsection (a)(1)
162	162	do not include any financial, contractual, or other obligations
163	163	incurred by the authority between the date that an election to
164	164	withdraw is ordered and the date of the canvass of the election.
165	165	The executive committee shall determine the total financial
166	166	obligation of the withdrawn unit of election not later than the
167	167	180th day after the date the election is called. This subsection:
168	168	(1) applies to an election to withdraw that is ordered
169	169	before, on, or after September 1, 2015; and
170	170	(2) expires August 31, 2016.
171	171	SECTION 12. Section 452.710(b), Transportation Code, is
172	172	amended to read as follows:
173	173	(b) The interim subregional board of a subregion that has no
174	174	principal municipality with a population of more than 1.1 million
175	175	according to the most recent federal decennial census [800,000] is
176	176	composed of 11 [nine] members appointed as provided by Section
177	177	452.562(b).
178	178	SECTION 13. Section 452.712(d), Transportation Code, is
179	179	amended to read as follows:
180	180	(d) In a subregion that has no principal municipality with a
181	181	population of more than 1.1 million according to the most recent
182	182	federal decennial census [800,000], the tax rate must be approved
183	183	by the commissioners court before the confirmation election.
184	184	SECTION 14. This Act takes effect September 1, 2015.