| 1 | 1 | | By: Pickett H.B. No. 4160 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to voter approval of local acceptance and use of federal |
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| 7 | 7 | | funds for commuter rail projects. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. The heading to Subtitle B, Title 5, |
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| 10 | 10 | | Transportation Code, is amended to read as follows: |
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| 11 | 11 | | SUBTITLE B. STATE AND LOCAL RAIL FACILITIES |
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| 12 | 12 | | SECTION 2. Subtitle B, Title 5, Transportation Code, is |
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| 13 | 13 | | amended by adding Chapter 92 to read as follows: |
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| 14 | 14 | | CHAPTER 92. LOCAL RAIL FACILITIES |
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| 15 | 15 | | Sec. 92.001. VOTER APPROVAL FOR ACCEPTANCE AND USE OF |
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| 16 | 16 | | FEDERAL FUNDS FOR COMMUTER RAIL PROJECTS. (a) A political |
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| 17 | 17 | | subdivision may not accept, including through the department, or |
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| 18 | 18 | | use federal funds for the construction, maintenance, or operation |
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| 19 | 19 | | of a commuter rail or other commuter rail project, including for the |
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| 20 | 20 | | repayment of debt issued for a project, unless: |
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| 21 | 21 | | (1) the governing body of each municipality in which a |
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| 22 | 22 | | station or track segment of the project is located or proposed to be |
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| 23 | 23 | | located holds an election called for the purpose of authorizing the |
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| 24 | 24 | | acceptance or use of the funds; and |
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| 25 | 25 | | (2) a majority of the votes cast at each election favor |
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| 26 | 26 | | the adoption of the proposition. |
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| 27 | 27 | | (b) A political subdivision authorized to use federal funds |
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| 28 | 28 | | for a project under Subsection (a) that has not begun to construct |
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| 29 | 29 | | the project before the fifth anniversary of the date of the election |
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| 30 | 30 | | may not use the funds unless: |
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| 31 | 31 | | (1) the governing body of each municipality in which a |
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| 32 | 32 | | station or track segment of the project is located or proposed to be |
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| 33 | 33 | | located holds an election called for the purpose of authorizing the |
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| 34 | 34 | | use of the funds; and |
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| 35 | 35 | | (2) a majority of the votes cast at each election favor |
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| 36 | 36 | | the adoption of the proposition. |
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| 37 | 37 | | (c) A political subdivision, a metropolitan planning |
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| 38 | 38 | | organization, or the department may not include in a transportation |
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| 39 | 39 | | plan adopted by the entity a commuter rail or other commuter rail |
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| 40 | 40 | | project that may be financed wholly or partly with federal funds |
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| 41 | 41 | | unless acceptance or use of federal funds has been approved as |
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| 42 | 42 | | required by this section. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2017. |
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