Texas 2015 - 84th Regular

Texas Senate Bill SB1837 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Menéndez S.B. No. 1837
2	2	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3	3	first time and referred to Committee on Transportation;
4	4	April 30, 2015, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; April 30, 2015,
6	6	sent to printer.)
7	7	Click here to see the committee vote
8	8	COMMITTEE SUBSTITUTE FOR S.B. No. 1837 By: Huffines
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10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to requiring certain metropolitan rapid transit
14	14	authorities to hold a referendum before spending any money for a
15	15	fixed rail transit system.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subchapter B, Chapter 451, Transportation Code,
18	18	is amended by adding Section 451.073 to read as follows:
19	19	Sec. 451.073. REFERENDUM FOR RAIL PLAN; CERTAIN
20	20	AUTHORITIES. (a) This section applies only to an authority
21	21	created before 1980 in which the principal municipality has a
22	22	population of less than 1.9 million.
23	23	(b) Before the authority may spend any funds to purchase,
24	24	acquire, construct, operate, or maintain any form of a fixed rail
25	25	transit system, the authority must hold a referendum on whether the
26	26	authority may operate a fixed rail transit system. At the election
27	27	the ballots shall be printed to permit voting for or against the
28	28	following proposition: "The operation of a fixed rail system by
29	29	(name of authority)."
30	30	(c) The notice of an election called under this section must
31	31	include a general description of the form of the fixed rail transit
32	32	system, including the general location of any proposed routes.
33	33	(d) If a majority of the votes cast are in favor of the
34	34	proposition, the authority may build and operate the system as
35	35	provided in the notice for the election. If less than a majority of
36	36	the votes cast are in favor of the proposition, the authority may
37	37	not expend funds of the authority to purchase, acquire, construct,
38	38	operate, or maintain any form of a fixed rail transit system unless
39	39	the system is approved by a majority of the votes cast at a
40	40	referendum held by the authority for that purpose.
41	41	(e) A subsequent referendum under Subsection (d):
42	42	(1) may be held more than once;
43	43	(2) is held in the same manner as the initial
44	44	referendum; and
45	45	(3) may not be held before the first anniversary of an
46	46	election previously held under this section.
47	47	(f) Approval of a fixed rail transit system at an election
48	48	called under this section preempts any requirement in a municipal
49	49	charter that, for the system approved, requires a municipal
50	50	election to be held before the municipality may:
51	51	(1) grant permission to alter or damage any public way
52	52	of the municipality for the construction of the system; or
53	53	(2) appropriate funds or authorize bonds or notes to
54	54	be issued or sold for the purpose of the design, construction, or
55	55	operation of the system.
56	56	SECTION 2. This Act takes effect immediately if it receives
57	57	a vote of two-thirds of all the members elected to each house, as
58	58	provided by Section 39, Article III, Texas Constitution. If this
59	59	Act does not receive the vote necessary for immediate effect, this
60	60	Act takes effect September 1, 2015.
61	61	* * * * *