86R19102 AAF-F
By: Parker, Stucky H.B. No. 2319
Substitute the following for H.B. No. 2319:
By: Landgraf C.S.H.B. No. 2319
A BILL TO BE ENTITLED
AN ACT
relating to certain coordinated county transportation authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 460.201(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by Sections [Section] 460.2015 and
460.257, a vacancy on the board of directors is filled in the same
manner as the original appointment to the interim executive
committee.
SECTION 2. Section 460.2015, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) This section does not apply to an authority described by
Section 460.252.
SECTION 3. Section 460.205, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) This section does not apply to an authority described by
Section 460.252.
SECTION 4. Chapter 460, Transportation Code, is amended by
adding Subchapter D-1 to read as follows:
SUBCHAPTER D-1. BOARD OF DIRECTORS: CERTAIN AUTHORITIES
Sec. 460.251. DEFINITIONS. In this subchapter:
(1) "Board" means the board of directors of an
authority described by Section 460.252.
(2) "Founding municipality" means a municipality in
which an election was held before December 31, 2003, authorizing an
authority's sales and use tax levy.
Sec. 460.252. APPLICABILITY. (a) This subchapter applies
only to an authority confirmed under this chapter before December
31, 2003.
(b) Section 460.054 does not apply to an authority described
by Subsection (a).
Sec. 460.253. COMPOSITION. The board is composed of:
(1) one member appointed by the governing body of each
founding municipality;
(2) two members appointed by the commissioners court
who reside in:
(A) an unincorporated area of the county; or
(B) a municipality in the authority that is not
authorized to appoint a member to the board under Subdivision (1) or
Section 460.254;
(3) each member appointed under Section 460.254, if
applicable; and
(4) each nonvoting member appointed under Section
460.255.
Sec. 460.254. APPOINTMENT OF BOARD MEMBER BY CERTAIN
MUNICIPALITIES. (a) The board may authorize the governing body of
a municipality to appoint one member to the board if:
(1) the municipality:
(A) designates a public transportation financing
area for the benefit of the authority under Subchapter I and enters
into an agreement with the authority under Section 460.602; or
(B) authorizes the authority's sales and use tax
levy at the rate of one-half of one percent; and
(2) the appointment is approved by an affirmative vote
of at least three-fifths of the members described by either Section
460.253(1) or (3) and at least one member appointed by the
commissioners court.
(b) The board shall adopt rules and bylaws governing the
appointment of a member under this section.
Sec. 460.255. NONVOTING BOARD MEMBERS. (a) A nonvoting
member shall be appointed to the board to represent a municipality
in the authority that is not otherwise authorized to appoint a
member to the board under this subchapter.
(b) A nonvoting member appointed under this section may not
be counted for purposes of establishing a quorum of the board.
(c) The board shall adopt rules and bylaws governing the
appointment, number, authority, and duties of nonvoting members
appointed under this section.
Sec. 460.256. ELIGIBILITY OF ELECTED OFFICER TO SERVE ON
BOARD; COMPENSATION AND REIMBURSEMENT. (a) An elected officer of a
political subdivision of this state who is not prohibited by the
Texas Constitution from serving on the board is eligible, as an
additional duty of office, to serve on the board.
(b) An elected officer of a political subdivision of this
state who is a board member is not entitled to receive compensation
for serving on the board but is entitled to reimbursement for
reasonable expenses incurred in performing the member's duties.
Sec. 460.257. VACANCY. A vacancy on the board of directors
is filled in the same manner as the original appointment to the
board under this subchapter.
Sec. 460.258. VOTING REQUIREMENTS. Except as provided by
Sections 460.254(a) and 460.602(b), an action of the board of
directors requires a vote of a majority of the members present,
other than members described by Section 460.253(4), unless the
bylaws require a larger number for a specific action.
SECTION 5. Section 460.602, Transportation Code, is amended
to read as follows:
Sec. 460.602. PARTICIPATION IN SERVICE PLAN; AGREEMENT WITH
MUNICIPALITY. (a) A service plan may be implemented in an area of a
municipality that has not authorized the authority's sales and use
tax levy if:
(1) the authorization by the municipality of the
authority's sales and use tax levy, when combined with the rates of
all sales and use taxes imposed by other political subdivisions in
the municipality, would exceed two percent in any location in the
municipality; and
(2) the municipality has entered into an agreement
with the authority to provide public transportation services in a
public transportation financing area designated under this
subchapter in exchange for all or a portion of the tax increment in
the area.
(b) An authority described by Section 460.252 may enter into
an agreement under Subsection (a)(2) only if the board of directors
of the authority approves the agreement by an affirmative vote of at
least three-fifths of the members described by either Section
460.253(1) or (3) and at least one member appointed by the
commissioners court.
SECTION 6. On the effective date of this Act, the
composition of the board of directors of a coordinated county
transportation authority described by Section 460.252,
Transportation Code, as added by this Act, is modified to conform to
Subchapter D-1, Chapter 460, Transportation Code, as added by this
Act, as follows:
(1) the currently serving members of the board
appointed by a founding municipality, as that term is defined by
Section 460.251, Transportation Code, as added by this Act, assume
the board positions described by Section 460.253(1),
Transportation Code, as added by this Act, and continue to serve as
members of the board for the remainder of their terms;
(2) as soon as practicable, the commissioners court of
a county located in the authority shall designate the currently
serving members of the board appointed by the commissioners court
who assume the board positions described by Section 460.253(2),
Transportation Code, as added by this Act, and those members
continue to serve as members of the board for the remainder of their
terms;
(3) the currently serving members of the board
appointed by a municipality with a population of 17,000 or more that
has not authorized the authority's sales and use tax levy assume the
nonvoting board positions described by Section 460.255,
Transportation Code, as added by this Act, and continue to serve as
nonvoting members of the board for the remainder of their terms;
(4) as soon as practicable, the commissioners court of
a county located in the authority shall designate the currently
serving members of the board appointed by a municipality in the
county with a population of more than 500 but less than 17,000 that
has not authorized the authority's sales and use tax levy who assume
the nonvoting board positions described by Section 460.255,
Transportation Code, as added by this Act, and the members continue
to serve as nonvoting members of the board for the remainder of
their terms;
(5) any alternate members serving on the board for
members described by Subdivisions (1)-(4) of this section continue
to serve in that capacity; and
(6) the terms of all other currently serving members
of the board expire.
SECTION 7. This Act does not prohibit a person who is a
member of the board of directors of a coordinated county
transportation authority described by Section 460.252,
Transportation Code, as added by this Act, whose term expires under
Section 6 of this Act from being reappointed to the board if the
person is eligible under Subchapter D-1, Chapter 460,
Transportation Code, as added by this Act.
SECTION 8. (a) A rule or bylaw adopted or other action
taken before the effective date of this Act by a coordinated county
transportation authority described by Section 460.252,
Transportation Code, as added by this Act, remains in effect as a
rule, bylaw, or action of the authority until superseded by action
of that authority.
(b) The change in law made by this Act to Section 460.602,
Transportation Code, applies to an agreement entered into on or
after the effective date of this Act. An agreement entered into
before the effective date of this Act is governed by the law as it
existed immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.