88R11525 JRR-F
By: Troxclair H.B. No. 3234
A BILL TO BE ENTITLED
AN ACT
relating to the withdrawal of a unit of election from certain
metropolitan rapid transit authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 451.603(c), Transportation Code, is
amended to read as follows:
(c) An election to withdraw may not be held [ordered, and a
petition for an election to withdraw may not be accepted for filing,
on or] before the first [fifth] anniversary of the first day of the
calendar month in which a [after the date of a] previous election to
withdraw [in] the unit of election [to withdraw] from the authority
was held.
SECTION 2. Section 451.607(c), Transportation Code, is
amended to read as follows:
(c) At the election the ballot shall be printed to provide
for voting for or against the proposition: "Shall [the] (name of
unit of election [authority]) withdraw from the [be continued in]
(name of authority [unit of election])?"
SECTION 3. Section 451.608, Transportation Code, is amended
to read as follows:
Sec. 451.608. RESULT OF WITHDRAWAL ELECTION. (a) If a
majority of the votes received on the measure in an election held
under Section 451.607 favor the proposition, the [authority
continues in the] unit of election withdraws from the authority and
the authority ceases in the unit of election on the day after the
date the election results are canvassed.
(b) If less than a majority of the votes received on the
measure in the election favor the proposition, the authority
continues [ceases] in the unit of election [on the day after the day
the election returns are canvassed].
SECTION 4. Section 451.611, Transportation Code, is amended
by amending Subsections (a), (b), and (d) and adding Subsections
(b-1), (e), (f), and (g) to read as follows:
(a) The net financial obligation of a withdrawn unit of
election to the authority is an amount equal to:
(1) the gross financial obligations of the unit, which
is the sum of:
(A) the unit's apportioned share of the
authority's outstanding obligations; and
(B) the amount, not computed in Subdivision
(1)(A), that is necessary and appropriate to allocate to the unit
because of financial obligations of the authority that specifically
relate to the unit; minus
(2) the unit's apportioned share of the unencumbered
assets of the authority that consist of cash, cash deposits,
certificates of deposit, and bonds, stocks, and other negotiable
securities plus a reasonable credit in an amount determined by the
comptroller under Subsection (f) if the comptroller finds a
disparity in transit services provided by the authority to the
unit.
(b) Subject to Subsection (b-1), an [An] authority's
outstanding obligations under Subsection (a)(1)(A) is the sum of:
(1) the obligations of the authority authorized in the
budget of, and contracted for by, the authority;
(2) outstanding contractual obligations for capital
or other expenditures, including expenditures for a subsequent
year, the payment of which is not made or provided for from the
proceeds of notes, bonds, or other obligations;
(3) payments due or to become due in a subsequent year
on notes, bonds, or other securities or obligations for debt issued
by the authority;
(4) the amount required by the authority to be
reserved for all years to comply with financial covenants made with
lenders, note or bond holders, or other creditors or contractors;
and
(5) the amount necessary for the full and timely
payment of the obligations of the authority, to avoid a default or
impairment of those obligations, including contingent liabilities.
(b-1) An authority's outstanding obligations under
Subsection (a)(1)(A) does not include the authority's outstanding
obligations related to rail service if the authority does not
operate a commuter rail line within the unit of election.
(d) The comptroller [board] shall determine the amount of
each component of the computations required under this section,
including the components of the unit's apportioned share, including
any credit for a disparity in transit services provided by the
authority to the unit of election, as of the effective date of
withdrawal. The number of inhabitants shall be determined
according to the most recent and available applicable data of an
agency of the United States.
(e) The authority shall provide all information requested
by the comptroller to determine the amount of each component of the
computations required under this section. The unit of election may
provide information to the comptroller with respect to any
component, including information about any disparity in transit
services provided by the authority to the unit.
(f) The comptroller has discretion to determine a
reasonable credit, if any, for a disparity in transit services
provided by the authority to the unit of election.
(g) An authority shall annually make a good faith estimate
of each unit of election's net financial obligation and shall
report that estimate to each unit of election not later than July 1
of each year.
SECTION 5. Section 451.612, Transportation Code, is amended
to read as follows:
Sec. 451.612. CERTIFICATION OF NET FINANCIAL OBLIGATION OF
UNIT. (a) If a majority of the votes received on the measure in an
election held under Section 451.607 favor the proposition, the
comptroller [The board] shall certify to the governing body of a
withdrawn unit of election and to the authority [comptroller] the
net financial obligation of the unit to the authority as determined
under this subchapter.
(b) If a withdrawn unit of election has [there is] no net
financial obligation [of the unit], the comptroller shall certify
[certification must show] that fact to the governing body of the
unit and to the authority.
(c) The comptroller shall make each certification required
by this section not later than 180 days after the date an election
is held under Section 451.607.
SECTION 6. 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, 2023.