Texas 2019 - 86th Regular

Texas Senate Bill SB1066 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1066
	1	+	By: Nelson S.B. No. 1066
	2	+	(Parker)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to certain coordinated county transportation authorities.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Section 460.201(c), Transportation Code, is
8	10		amended to read as follows:
9	11		(c) Except as provided by Sections [Section] 460.2015 and
10	12		460.257, a vacancy on the board of directors is filled in the same
11	13		manner as the original appointment to the interim executive
12	14		committee.
13	15		SECTION 2. Section 460.2015, Transportation Code, is
14	16		amended by adding Subsection (d) to read as follows:
15	17		(d) This section does not apply to an authority described by
16	18		Section 460.252.
17	19		SECTION 3. Section 460.205, Transportation Code, is amended
18	20		by adding Subsection (c) to read as follows:
19	21		(c) This section does not apply to an authority described by
20	22		Section 460.252.
21	23		SECTION 4. Chapter 460, Transportation Code, is amended by
22	24		adding Subchapter D-1 to read as follows:
23	25		SUBCHAPTER D-1. BOARD OF DIRECTORS: CERTAIN AUTHORITIES
24	26		Sec. 460.251. DEFINITIONS. In this subchapter:
25	27		(1) "Board" means the board of directors of an
26	28		authority described by Section 460.252.
27	29		(2) "Founding municipality" means a municipality in
28	30		which an election was held before December 31, 2003, authorizing an
29	31		authority's sales and use tax levy.
30	32		Sec. 460.252. APPLICABILITY. (a) This subchapter applies
31	33		only to an authority confirmed under this chapter before December
32	34		31, 2003.
33	35		(b) Section 460.054 does not apply to an authority described
34	36		by Subsection (a).
35	37		Sec. 460.253. COMPOSITION. The board is composed of:
36	38		(1) one member appointed by the governing body of each
37	39		founding municipality;
38	40		(2) two members appointed by the commissioners court
39	41		who reside in:
40	42		(A) an unincorporated area of the county; or
41	43		(B) a municipality in the authority that is not
42	44		authorized to appoint a member to the board under Subdivision (1) or
43	45		Section 460.254;
44	46		(3) each member appointed under Section 460.254, if
45	47		applicable; and
46	48		(4) each nonvoting member appointed under Section
47	49		460.255.
48	50		Sec. 460.254. APPOINTMENT OF BOARD MEMBER BY CERTAIN
49	51		MUNICIPALITIES. (a) The board may authorize the governing body of
50	52		a municipality to appoint one member to the board if:
51	53		(1) the municipality:
52	54		(A) designates a public transportation financing
53	55		area for the benefit of the authority under Subchapter I and enters
54	56		into an agreement with the authority under Section 460.602; or
55	57		(B) authorizes the authority's sales and use tax
56	58		levy at the rate of one-half of one percent; and
57	59		(2) the appointment is approved by an affirmative vote
58	60		of at least three-fifths of the members described by either Section
59	61		460.253(1) or (3) and at least one member appointed by the
60	62		commissioners court.
61	63		(b) The board shall adopt rules and bylaws governing the
62	64		appointment of a member under this section.
63	65		Sec. 460.255. NONVOTING BOARD MEMBERS. (a) A nonvoting
64	66		member shall be appointed to the board to represent a municipality
65	67		in the authority that is not otherwise authorized to appoint a
66	68		member to the board under this subchapter.
67	69		(b) A nonvoting member appointed under this section may not
68	70		be counted for purposes of establishing a quorum of the board.
69	71		(c) The board shall adopt rules and bylaws governing the
70	72		appointment, number, authority, and duties of nonvoting members
71	73		appointed under this section.
72	74		Sec. 460.256. ELIGIBILITY OF ELECTED OFFICER TO SERVE ON
73	75		BOARD; COMPENSATION AND REIMBURSEMENT. (a) An elected officer of
74	76		a political subdivision of this state who is not prohibited by the
75	77		Texas Constitution from serving on the board is eligible, as an
76	78		additional duty of office, to serve on the board.
77	79		(b) An elected officer of a political subdivision of this
78	80		state who is a board member is not entitled to receive compensation
79	81		for serving on the board but is entitled to reimbursement for
80	82		reasonable expenses incurred in performing the member's duties.
81	83		Sec. 460.257. VACANCY. A vacancy on the board of directors
82	84		is filled in the same manner as the original appointment to the
83	85		board under this subchapter.
84	86		Sec. 460.258. VOTING REQUIREMENTS. Except as provided by
85	87		Sections 460.254(a) and 460.602(b), an action of the board of
86	88		directors requires a vote of a majority of the members present,
87	89		other than members described by Section 460.253(4), unless the
88	90		bylaws require a larger number for a specific action.
89	91		SECTION 5. Section 460.602, Transportation Code, is amended
90	92		to read as follows:
91	93		Sec. 460.602. PARTICIPATION IN SERVICE PLAN; AGREEMENT WITH
92	94		MUNICIPALITY. (a) A service plan may be implemented in an area of
93	95		a municipality that has not authorized the authority's sales and
94	96		use tax levy if:
95	97		(1) the authorization by the municipality of the
96	98		authority's sales and use tax levy, when combined with the rates of
97	99		all sales and use taxes imposed by other political subdivisions in
98	100		the municipality, would exceed two percent in any location in the
99	101		municipality; and
100	102		(2) the municipality has entered into an agreement
101	103		with the authority to provide public transportation services in a
102	104		public transportation financing area designated under this
103	105		subchapter in exchange for all or a portion of the tax increment in
104	106		the area.
105	107		(b) An authority described by Section 460.252 may enter into
106	108		an agreement under Subsection (a)(2) only if the board of directors
107	109		of the authority approves the agreement by an affirmative vote of at
108	110		least three-fifths of the members described by either Section
109	111		460.253(1) or (3) and at least one member appointed by the
110	112		commissioners court.
111	113		SECTION 6. On the effective date of this Act, the
112	114		composition of the board of directors of a coordinated county
113	115		transportation authority described by Section 460.252,
114	116		Transportation Code, as added by this Act, is modified to conform to
115	117		Subchapter D-1, Chapter 460, Transportation Code, as added by this
116	118		Act, as follows:
117	119		(1) the currently serving members of the board
118	120		appointed by a founding municipality, as that term is defined by
119	121		Section 460.251, Transportation Code, as added by this Act, assume
120	122		the board positions described by Section 460.253(1),
121	123		Transportation Code, as added by this Act, and continue to serve as
122	124		members of the board for the remainder of their terms;
123	125		(2) as soon as practicable, the commissioners court of
124	126		a county located in the authority shall designate the currently
125	127		serving members of the board appointed by the commissioners court
126	128		who assume the board positions described by Section 460.253(2),
127	129		Transportation Code, as added by this Act, and those members
128	130		continue to serve as members of the board for the remainder of their
129	131		terms;
130	132		(3) the currently serving members of the board
131	133		appointed by a municipality with a population of 17,000 or more that
132	134		has not authorized the authority's sales and use tax levy assume the
133	135		nonvoting board positions described by Section 460.255,
134	136		Transportation Code, as added by this Act, and continue to serve as
135	137		nonvoting members of the board for the remainder of their terms;
136	138		(4) as soon as practicable, the commissioners court of
137	139		a county located in the authority shall designate the currently
138	140		serving members of the board appointed by a municipality in the
139	141		county with a population of more than 500 but less than 17,000 that
140	142		has not authorized the authority's sales and use tax levy who assume
141	143		the nonvoting board positions described by Section 460.255,
142	144		Transportation Code, as added by this Act, and the members continue
143	145		to serve as nonvoting members of the board for the remainder of
144	146		their terms;
145	147		(5) any alternate members serving on the board for
146	148		members described by Subdivisions (1)-(4) of this section continue
147	149		to serve in that capacity; and
148	150		(6) the terms of all other currently serving members
149	151		of the board expire.
150	152		SECTION 7. This Act does not prohibit a person who is a
151	153		member of the board of directors of a coordinated county
152	154		transportation authority described by Section 460.252,
153	155		Transportation Code, as added by this Act, whose term expires under
154	156		Section 6 of this Act from being reappointed to the board if the
155	157		person is eligible under Subchapter D-1, Chapter 460,
156	158		Transportation Code, as added by this Act.
157	159		SECTION 8. (a) A rule or bylaw adopted or other action
158	160		taken before the effective date of this Act by a coordinated county
159	161		transportation authority described by Section 460.252,
160	162		Transportation Code, as added by this Act, remains in effect as a
161	163		rule, bylaw, or action of the authority until superseded by action
162	164		of that authority.
163	165		(b) The change in law made by this Act to Section 460.602,
164	166		Transportation Code, applies to an agreement entered into on or
165	167		after the effective date of this Act. An agreement entered into
166	168		before the effective date of this Act is governed by the law as it
167	169		existed immediately before the effective date of this Act, and that
168	170		law is continued in effect for that purpose.
169	171		SECTION 9. This Act takes effect immediately if it receives
170	172		a vote of two-thirds of all the members elected to each house, as
171	173		provided by Section 39, Article III, Texas Constitution. If this
172	174		Act does not receive the vote necessary for immediate effect, this
173	175		Act takes effect September 1, 2019.
174		-	______________________________ ______________________________
175		-	President of the Senate Speaker of the House
176		-	I hereby certify that S.B. No. 1066 passed the Senate on
177		-	April 11, 2019, by the following vote: Yeas 31, Nays 0.
178		-	______________________________
179		-	Secretary of the Senate
180		-	I hereby certify that S.B. No. 1066 passed the House on
181		-	May 3, 2019, by the following vote: Yeas 140, Nays 0, two present
182		-	not voting.
183		-	______________________________
184		-	Chief Clerk of the House
185		-	Approved:
186		-	______________________________
187		-	Date
188		-	______________________________
189		-	Governor