Texas 2019 - 86th Regular

Texas House Bill HB2319 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R19102 AAF-F
2		-	By: Parker, Stucky H.B. No. 2319
3		-	Substitute the following for H.B. No. 2319:
4		-	By: Landgraf C.S.H.B. No. 2319
	1	+	86R8202 AAF-F
	2	+	By: Parker H.B. No. 2319
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to certain coordinated county transportation authorities.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 460.201(c), Transportation Code, is
12	10		amended to read as follows:
13	11		(c) Except as provided by Sections [Section] 460.2015 and
14	12		460.257, a vacancy on the board of directors is filled in the same
15	13		manner as the original appointment to the interim executive
16	14		committee.
17	15		SECTION 2. Section 460.2015, Transportation Code, is
18	16		amended by adding Subsection (d) to read as follows:
19	17		(d) This section does not apply to an authority described by
20	18		Section 460.252.
21	19		SECTION 3. Section 460.205, Transportation Code, is amended
22	20		by adding Subsection (c) to read as follows:
23	21		(c) This section does not apply to an authority described by
24	22		Section 460.252.
25	23		SECTION 4. Chapter 460, Transportation Code, is amended by
26	24		adding Subchapter D-1 to read as follows:
27	25		SUBCHAPTER D-1. BOARD OF DIRECTORS: CERTAIN AUTHORITIES
28	26		Sec. 460.251. DEFINITIONS. In this subchapter:
29	27		(1) "Board" means the board of directors of an
30	28		authority described by Section 460.252.
31	29		(2) "Founding municipality" means a municipality in
32	30		which an election was held before December 31, 2003, authorizing an
33	31		authority's sales and use tax levy.
34	32		Sec. 460.252. APPLICABILITY. (a) This subchapter applies
35	33		only to an authority confirmed under this chapter before December
36	34		31, 2003.
37	35		(b) Section 460.054 does not apply to an authority described
38	36		by Subsection (a).
39	37		Sec. 460.253. COMPOSITION. The board is composed of:
40	38		(1) one member appointed by the governing body of each
41	39		founding municipality;
42	40		(2) two members appointed by the commissioners court
43	41		who reside in:
44	42		(A) an unincorporated area of the county; or
45	43		(B) a municipality in the authority that is not
46	44		authorized to appoint a member to the board under Subdivision (1) or
47	45		Section 460.254;
48	46		(3) each member appointed under Section 460.254, if
49	47		applicable; and
50	48		(4) each nonvoting member appointed under Section
51	49		460.255.
52	50		Sec. 460.254. APPOINTMENT OF BOARD MEMBER BY CERTAIN
53	51		MUNICIPALITIES. (a) The board may authorize the governing body of
54	52		a municipality to appoint one member to the board if:
55	53		(1) the municipality:
56	54		(A) designates a public transportation financing
57	55		area for the benefit of the authority under Subchapter I and enters
58	56		into an agreement with the authority under Section 460.602; or
59	57		(B) authorizes the authority's sales and use tax
60	58		levy at the rate of one-half of one percent; and
61	59		(2) the appointment is approved by an affirmative vote
62	60		of at least three-fifths of the members described by either Section
63	61		460.253(1) or (3) and at least one member appointed by the
64	62		commissioners court.
65	63		(b) The board shall adopt rules and bylaws governing the
66	64		appointment of a member under this section.
67	65		Sec. 460.255. NONVOTING BOARD MEMBERS. (a) A nonvoting
68		-	member ~~shall~~ be appointed to the board to represent a municipality
69		-	in the authority that is not otherwise authorized to appoint a
70		-	~~member~~ to the board under this subchapter.
	66	+	member may be appointed to the board to represent a municipality in
	67	+	the authority that is not otherwise authorized to appoint a member
	68	+	to the board under this subchapter.
71	69		(b) A nonvoting member appointed under this section may not
72	70		be counted for purposes of establishing a quorum of the board.
73	71		(c) The board shall adopt rules and bylaws governing the
74		-	appointment, number, authority, and duties of nonvoting ~~members~~
	72	+	appointment, number, authority, and duties of a nonvoting member
75	73		appointed under this section.
76	74		Sec. 460.256. ELIGIBILITY OF ELECTED OFFICER TO SERVE ON
77	75		BOARD; COMPENSATION AND REIMBURSEMENT. (a) An elected officer of a
78	76		political subdivision of this state who is not prohibited by the
79	77		Texas Constitution from serving on the board is eligible, as an
80	78		additional duty of office, to serve on the board.
81	79		(b) An elected officer of a political subdivision of this
82	80		state who is a board member is not entitled to receive compensation
83	81		for serving on the board but is entitled to reimbursement for
84	82		reasonable expenses incurred in performing the member's duties.
85	83		Sec. 460.257. VACANCY. A vacancy on the board of directors
86	84		is filled in the same manner as the original appointment to the
87	85		board under this subchapter.
88	86		Sec. 460.258. VOTING REQUIREMENTS. Except as provided by
89	87		Sections 460.254(a) and 460.602(b), an action of the board of
90	88		directors requires a vote of a majority of the members present,
91	89		other than members described by Section 460.253(4), unless the
92	90		bylaws require a larger number for a specific action.
93	91		SECTION 5. Section 460.602, Transportation Code, is amended
94	92		to read as follows:
95	93		Sec. 460.602. PARTICIPATION IN SERVICE PLAN; AGREEMENT WITH
96	94		MUNICIPALITY. (a) A service plan may be implemented in an area of a
97	95		municipality that has not authorized the authority's sales and use
98	96		tax levy if:
99	97		(1) the authorization by the municipality of the
100	98		authority's sales and use tax levy, when combined with the rates of
101	99		all sales and use taxes imposed by other political subdivisions in
102	100		the municipality, would exceed two percent in any location in the
103	101		municipality; and
104	102		(2) the municipality has entered into an agreement
105	103		with the authority to provide public transportation services in a
106	104		public transportation financing area designated under this
107	105		subchapter in exchange for all or a portion of the tax increment in
108	106		the area.
109	107		(b) An authority described by Section 460.252 may enter into
110	108		an agreement under Subsection (a)(2) only if the board of directors
111	109		of the authority approves the agreement by an affirmative vote of at
112	110		least three-fifths of the members described by either Section
113	111		460.253(1) or (3) and at least one member appointed by the
114	112		commissioners court.
115	113		SECTION 6. On the effective date of this Act, the
116	114		composition of the board of directors of a coordinated county
117	115		transportation authority described by Section 460.252,
118	116		Transportation Code, as added by this Act, is modified to conform to
119	117		Subchapter D-1, Chapter 460, Transportation Code, as added by this
120	118		Act, as follows:
121	119		(1) the currently serving members of the board
122	120		appointed by a founding municipality, as that term is defined by
123	121		Section 460.251, Transportation Code, as added by this Act, assume
124	122		the board positions described by Section 460.253(1),
125	123		Transportation Code, as added by this Act, and continue to serve as
126	124		members of the board for the remainder of their terms;
127	125		(2) as soon as practicable, the commissioners court of
128	126		a county located in the authority shall designate the currently
129	127		serving members of the board appointed by the commissioners court
130	128		who assume the board positions described by Section 460.253(2),
131	129		Transportation Code, as added by this Act, and those members
132	130		continue to serve as members of the board for the remainder of their
133	131		terms;
134	132		(3) the currently serving members of the board
135	133		appointed by a municipality with a population of 17,000 or more that
136	134		has not authorized the authority's sales and use tax levy assume the
137	135		nonvoting board positions described by Section 460.255,
138	136		Transportation Code, as added by this Act, and continue to serve as
139	137		nonvoting members of the board for the remainder of their terms;
140	138		(4) as soon as practicable, the commissioners court of
141	139		a county located in the authority shall designate the currently
142	140		serving members of the board appointed by a municipality in the
143	141		county with a population of more than 500 but less than 17,000 that
144	142		has not authorized the authority's sales and use tax levy who assume
145	143		the nonvoting board positions described by Section 460.255,
146	144		Transportation Code, as added by this Act, and the members continue
147	145		to serve as nonvoting members of the board for the remainder of
148	146		their terms;
149	147		(5) any alternate members serving on the board for
150	148		members described by Subdivisions (1)-(4) of this section continue
151	149		to serve in that capacity; and
152	150		(6) the terms of all other currently serving members
153	151		of the board expire.
154	152		SECTION 7. This Act does not prohibit a person who is a
155	153		member of the board of directors of a coordinated county
156	154		transportation authority described by Section 460.252,
157	155		Transportation Code, as added by this Act, whose term expires under
158	156		Section 6 of this Act from being reappointed to the board if the
159	157		person is eligible under Subchapter D-1, Chapter 460,
160	158		Transportation Code, as added by this Act.
161	159		SECTION 8. (a) A rule or bylaw adopted or other action
162	160		taken before the effective date of this Act by a coordinated county
163	161		transportation authority described by Section 460.252,
164	162		Transportation Code, as added by this Act, remains in effect as a
165	163		rule, bylaw, or action of the authority until superseded by action
166	164		of that authority.
167	165		(b) The change in law made by this Act to Section 460.602,
168	166		Transportation Code, applies to an agreement entered into on or
169	167		after the effective date of this Act. An agreement entered into
170	168		before the effective date of this Act is governed by the law as it
171	169		existed immediately before the effective date of this Act, and that
172	170		law is continued in effect for that purpose.
173	171		SECTION 9. This Act takes effect immediately if it receives
174	172		a vote of two-thirds of all the members elected to each house, as
175	173		provided by Section 39, Article III, Texas Constitution. If this
176	174		Act does not receive the vote necessary for immediate effect, this
177	175		Act takes effect September 1, 2019.