| 1 | 1 | | 88R12240 MZM-F |
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| 2 | 2 | | By: Morales Shaw H.B. No. 5156 |
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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 the establishment of fair decision making policies by |
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| 8 | 8 | | metropolitan planning organizations. |
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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. Subchapter D, Chapter 472, Transportation Code, |
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| 11 | 11 | | is amended by adding Section 472.037 to read as follows: |
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| 12 | 12 | | Sec. 472.037. FAIR DECISION MAKING POLICY. (a) Each |
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| 13 | 13 | | metropolitan planning organization shall develop and implement a |
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| 14 | 14 | | policy for fair decision making in the organization's planning |
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| 15 | 15 | | process. In developing the policy, a metropolitan planning |
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| 16 | 16 | | organization shall: |
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| 17 | 17 | | (1) analyze the current representation and voting |
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| 18 | 18 | | structure of the organization's policy board and any existing |
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| 19 | 19 | | committees; |
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| 20 | 20 | | (2) consider: |
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| 21 | 21 | | (A) the current and projected population of the |
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| 22 | 22 | | area served by the organization; and |
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| 23 | 23 | | (B) the projected number of jobs that will be |
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| 24 | 24 | | created by each potential project considered by the organization; |
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| 25 | 25 | | (3) propose changes to ensure fair and proportional |
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| 26 | 26 | | representation on the organization's policy board and any existing |
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| 27 | 27 | | committees of: |
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| 28 | 28 | | (A) urban, suburban, and rural communities |
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| 29 | 29 | | served by the organization; |
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| 30 | 30 | | (B) individuals served by the organization who do |
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| 31 | 31 | | not predominantly travel by passenger vehicle; and |
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| 32 | 32 | | (C) historically underrepresented and |
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| 33 | 33 | | underserved communities served by the organization; and |
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| 34 | 34 | | (4) establish guidelines to achieve fair |
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| 35 | 35 | | representation, including: |
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| 36 | 36 | | (A) proposing new joint powers agreements and |
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| 37 | 37 | | bylaws to remedy problems related to fair representation; |
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| 38 | 38 | | (B) guidance for adopting proportional voting |
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| 39 | 39 | | systems based on residential populations of areas represented by |
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| 40 | 40 | | the organization's policy board and any existing committees to |
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| 41 | 41 | | provide equal representation for all residents served by the |
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| 42 | 42 | | organization; and |
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| 43 | 43 | | (C) guidance for the organization to: |
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| 44 | 44 | | (i) include individuals from diverse |
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| 45 | 45 | | backgrounds on organization committees; and |
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| 46 | 46 | | (ii) ensure that the organization is |
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| 47 | 47 | | receiving input from individuals from diverse backgrounds that are |
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| 48 | 48 | | served by the organization. |
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| 49 | 49 | | (b) Not later than July 31, 2024, each metropolitan planning |
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| 50 | 50 | | organization shall submit a report to the department summarizing |
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| 51 | 51 | | the policy developed by the organization under Subsection (a). |
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| 52 | 52 | | This subsection expires August 31, 2024. |
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| 53 | 53 | | SECTION 2. This Act takes effect September 1, 2023. |
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