Texas 2023 - 88th Regular

Texas House Bill HB3234 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R11525 JRR-F
2	2	By: Troxclair H.B. No. 3234
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the withdrawal of a unit of election from certain
8	8	metropolitan rapid transit authorities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 451.603(c), Transportation Code, is
11	11	amended to read as follows:
12	12	(c) An election to withdraw may not be held [ordered, and a
13	13	petition for an election to withdraw may not be accepted for filing,
14	14	on or] before the first [fifth] anniversary of the first day of the
15	15	calendar month in which a [after the date of a] previous election to
16	16	withdraw [in] the unit of election [to withdraw] from the authority
17	17	was held.
18	18	SECTION 2. Section 451.607(c), Transportation Code, is
19	19	amended to read as follows:
20	20	(c) At the election the ballot shall be printed to provide
21	21	for voting for or against the proposition: "Shall [the] (name of
22	22	unit of election [authority]) withdraw from the [be continued in]
23	23	(name of authority [unit of election])?"
24	24	SECTION 3. Section 451.608, Transportation Code, is amended
25	25	to read as follows:
26	26	Sec. 451.608. RESULT OF WITHDRAWAL ELECTION. (a) If a
27	27	majority of the votes received on the measure in an election held
28	28	under Section 451.607 favor the proposition, the [authority
29	29	continues in the] unit of election withdraws from the authority and
30	30	the authority ceases in the unit of election on the day after the
31	31	date the election results are canvassed.
32	32	(b) If less than a majority of the votes received on the
33	33	measure in the election favor the proposition, the authority
34	34	continues [ceases] in the unit of election [on the day after the day
35	35	the election returns are canvassed].
36	36	SECTION 4. Section 451.611, Transportation Code, is amended
37	37	by amending Subsections (a), (b), and (d) and adding Subsections
38	38	(b-1), (e), (f), and (g) to read as follows:
39	39	(a) The net financial obligation of a withdrawn unit of
40	40	election to the authority is an amount equal to:
41	41	(1) the gross financial obligations of the unit, which
42	42	is the sum of:
43	43	(A) the unit's apportioned share of the
44	44	authority's outstanding obligations; and
45	45	(B) the amount, not computed in Subdivision
46	46	(1)(A), that is necessary and appropriate to allocate to the unit
47	47	because of financial obligations of the authority that specifically
48	48	relate to the unit; minus
49	49	(2) the unit's apportioned share of the unencumbered
50	50	assets of the authority that consist of cash, cash deposits,
51	51	certificates of deposit, and bonds, stocks, and other negotiable
52	52	securities plus a reasonable credit in an amount determined by the
53	53	comptroller under Subsection (f) if the comptroller finds a
54	54	disparity in transit services provided by the authority to the
55	55	unit.
56	56	(b) Subject to Subsection (b-1), an [An] authority's
57	57	outstanding obligations under Subsection (a)(1)(A) is the sum of:
58	58	(1) the obligations of the authority authorized in the
59	59	budget of, and contracted for by, the authority;
60	60	(2) outstanding contractual obligations for capital
61	61	or other expenditures, including expenditures for a subsequent
62	62	year, the payment of which is not made or provided for from the
63	63	proceeds of notes, bonds, or other obligations;
64	64	(3) payments due or to become due in a subsequent year
65	65	on notes, bonds, or other securities or obligations for debt issued
66	66	by the authority;
67	67	(4) the amount required by the authority to be
68	68	reserved for all years to comply with financial covenants made with
69	69	lenders, note or bond holders, or other creditors or contractors;
70	70	and
71	71	(5) the amount necessary for the full and timely
72	72	payment of the obligations of the authority, to avoid a default or
73	73	impairment of those obligations, including contingent liabilities.
74	74	(b-1) An authority's outstanding obligations under
75	75	Subsection (a)(1)(A) does not include the authority's outstanding
76	76	obligations related to rail service if the authority does not
77	77	operate a commuter rail line within the unit of election.
78	78	(d) The comptroller [board] shall determine the amount of
79	79	each component of the computations required under this section,
80	80	including the components of the unit's apportioned share, including
81	81	any credit for a disparity in transit services provided by the
82	82	authority to the unit of election, as of the effective date of
83	83	withdrawal. The number of inhabitants shall be determined
84	84	according to the most recent and available applicable data of an
85	85	agency of the United States.
86	86	(e) The authority shall provide all information requested
87	87	by the comptroller to determine the amount of each component of the
88	88	computations required under this section. The unit of election may
89	89	provide information to the comptroller with respect to any
90	90	component, including information about any disparity in transit
91	91	services provided by the authority to the unit.
92	92	(f) The comptroller has discretion to determine a
93	93	reasonable credit, if any, for a disparity in transit services
94	94	provided by the authority to the unit of election.
95	95	(g) An authority shall annually make a good faith estimate
96	96	of each unit of election's net financial obligation and shall
97	97	report that estimate to each unit of election not later than July 1
98	98	of each year.
99	99	SECTION 5. Section 451.612, Transportation Code, is amended
100	100	to read as follows:
101	101	Sec. 451.612. CERTIFICATION OF NET FINANCIAL OBLIGATION OF
102	102	UNIT. (a) If a majority of the votes received on the measure in an
103	103	election held under Section 451.607 favor the proposition, the
104	104	comptroller [The board] shall certify to the governing body of a
105	105	withdrawn unit of election and to the authority [comptroller] the
106	106	net financial obligation of the unit to the authority as determined
107	107	under this subchapter.
108	108	(b) If a withdrawn unit of election has [there is] no net
109	109	financial obligation [of the unit], the comptroller shall certify
110	110	[certification must show] that fact to the governing body of the
111	111	unit and to the authority.
112	112	(c) The comptroller shall make each certification required
113	113	by this section not later than 180 days after the date an election
114	114	is held under Section 451.607.
115	115	SECTION 6. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2023.