| 1 | 1 | | 87R10750 JTS-F |
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| 2 | 2 | | By: Morales Shaw H.B. No. 4520 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to equitable representation in decision making for |
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| 8 | 8 | | transportation planning. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 201.051(b) and (i), Transportation |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (b) The members shall be appointed to reflect the diverse |
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| 13 | 13 | | geographic regions and population groups of this state. One member |
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| 14 | 14 | | must reside in a rural area and be a registered voter of a county |
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| 15 | 15 | | with a population of less than 150,000. One member must have |
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| 16 | 16 | | experience as a frequent transit user, bicycle or pedestrian |
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| 17 | 17 | | commuter, or as a person with a disability that has affected their |
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| 18 | 18 | | use of the transportation system. |
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| 19 | 19 | | (i) Appointments to the commission shall [be made without |
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| 20 | 20 | | regard to race, color, disability, sex, religion, age, or national |
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| 21 | 21 | | origin of the appointees and shall] reflect the diversity of the |
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| 22 | 22 | | population of the state as a whole. |
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| 23 | 23 | | SECTION 2. Subchapter H, Chapter 201, Transportation Code, |
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| 24 | 24 | | is amended by adding Section 201.6016 to read as follows: |
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| 25 | 25 | | Sec. 201.6016. EQUITABLE DECISION MAKING POLICY. The |
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| 26 | 26 | | department shall develop and implement a policy for equitable |
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| 27 | 27 | | decision making in the transportation planning process. The policy |
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| 28 | 28 | | must: |
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| 29 | 29 | | (1) analyze race, ethnicity, gender, disability, and |
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| 30 | 30 | | geographic representation in positions and on boards, commissions, |
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| 31 | 31 | | and committees responsible for transportation planning-related |
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| 32 | 32 | | decisions, including: |
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| 33 | 33 | | (A) metropolitan planning organization |
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| 34 | 34 | | committees; |
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| 35 | 35 | | (B) department executive leadership; |
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| 36 | 36 | | (C) the commission; and |
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| 37 | 37 | | (D) governing bodies of: |
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| 38 | 38 | | (i) regional mobility authorities, county |
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| 39 | 39 | | toll road authorities, and regional tollway authorities; |
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| 40 | 40 | | (ii) transit authorities; and |
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| 41 | 41 | | (iii) port authorities; |
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| 42 | 42 | | (2) analyze public participation in the department's |
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| 43 | 43 | | planning processes to ensure people of all races, ethnicities, |
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| 44 | 44 | | genders, abilities, socio-economic status, languages, and |
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| 45 | 45 | | geographic locations are successfully participating in those |
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| 46 | 46 | | processes; and |
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| 47 | 47 | | (3) establish guidelines for the entities under |
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| 48 | 48 | | Subdivision (1) to achieve equitable representation, including at |
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| 49 | 49 | | least the following: |
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| 50 | 50 | | (A) proposing new joint powers agreements and |
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| 51 | 51 | | bylaws to remedy problems; |
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| 52 | 52 | | (B) guidance on improving public processes; |
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| 53 | 53 | | (C) guidance for adopting proportional voting |
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| 54 | 54 | | systems based upon residential populations of member governments to |
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| 55 | 55 | | provide equal representation for all residents in decisions of |
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| 56 | 56 | | entities such as metropolitan planning organizations; and |
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| 57 | 57 | | (D) guidance for entities to include people with |
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| 58 | 58 | | disabilities at all levels of decision making. |
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| 59 | 59 | | SECTION 3. This Act takes effect September 1, 2021. |
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