Bill Text: TX HB2319 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to certain coordinated county transportation authorities.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2019-05-03 - Laid on the table subject to call [HB2319 Detail]
Download: Texas-2019-HB2319-Comm_Sub.html
86R19102 AAF-F | |||
By: Parker, Stucky | H.B. No. 2319 | ||
Substitute the following for H.B. No. 2319: | |||
By: Landgraf | C.S.H.B. No. 2319 |
|
||
|
||
relating to certain coordinated county transportation authorities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 460.201(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) Except as provided by Sections [ |
||
460.257, a vacancy on the board of directors is filled in the same | ||
manner as the original appointment to the interim executive | ||
committee. | ||
SECTION 2. Section 460.2015, Transportation Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) This section does not apply to an authority described by | ||
Section 460.252. | ||
SECTION 3. Section 460.205, Transportation Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) This section does not apply to an authority described by | ||
Section 460.252. | ||
SECTION 4. Chapter 460, Transportation Code, is amended by | ||
adding Subchapter D-1 to read as follows: | ||
SUBCHAPTER D-1. BOARD OF DIRECTORS: CERTAIN AUTHORITIES | ||
Sec. 460.251. DEFINITIONS. In this subchapter: | ||
(1) "Board" means the board of directors of an | ||
authority described by Section 460.252. | ||
(2) "Founding municipality" means a municipality in | ||
which an election was held before December 31, 2003, authorizing an | ||
authority's sales and use tax levy. | ||
Sec. 460.252. APPLICABILITY. (a) This subchapter applies | ||
only to an authority confirmed under this chapter before December | ||
31, 2003. | ||
(b) Section 460.054 does not apply to an authority described | ||
by Subsection (a). | ||
Sec. 460.253. COMPOSITION. The board is composed of: | ||
(1) one member appointed by the governing body of each | ||
founding municipality; | ||
(2) two members appointed by the commissioners court | ||
who reside in: | ||
(A) an unincorporated area of the county; or | ||
(B) a municipality in the authority that is not | ||
authorized to appoint a member to the board under Subdivision (1) or | ||
Section 460.254; | ||
(3) each member appointed under Section 460.254, if | ||
applicable; and | ||
(4) each nonvoting member appointed under Section | ||
460.255. | ||
Sec. 460.254. APPOINTMENT OF BOARD MEMBER BY CERTAIN | ||
MUNICIPALITIES. (a) The board may authorize the governing body of | ||
a municipality to appoint one member to the board if: | ||
(1) the municipality: | ||
(A) designates a public transportation financing | ||
area for the benefit of the authority under Subchapter I and enters | ||
into an agreement with the authority under Section 460.602; or | ||
(B) authorizes the authority's sales and use tax | ||
levy at the rate of one-half of one percent; and | ||
(2) the appointment is approved by an affirmative vote | ||
of at least three-fifths of the members described by either Section | ||
460.253(1) or (3) and at least one member appointed by the | ||
commissioners court. | ||
(b) The board shall adopt rules and bylaws governing the | ||
appointment of a member under this section. | ||
Sec. 460.255. NONVOTING BOARD MEMBERS. (a) A nonvoting | ||
member shall be appointed to the board to represent a municipality | ||
in the authority that is not otherwise authorized to appoint a | ||
member to the board under this subchapter. | ||
(b) A nonvoting member appointed under this section may not | ||
be counted for purposes of establishing a quorum of the board. | ||
(c) The board shall adopt rules and bylaws governing the | ||
appointment, number, authority, and duties of nonvoting members | ||
appointed under this section. | ||
Sec. 460.256. ELIGIBILITY OF ELECTED OFFICER TO SERVE ON | ||
BOARD; COMPENSATION AND REIMBURSEMENT. (a) An elected officer of a | ||
political subdivision of this state who is not prohibited by the | ||
Texas Constitution from serving on the board is eligible, as an | ||
additional duty of office, to serve on the board. | ||
(b) An elected officer of a political subdivision of this | ||
state who is a board member is not entitled to receive compensation | ||
for serving on the board but is entitled to reimbursement for | ||
reasonable expenses incurred in performing the member's duties. | ||
Sec. 460.257. VACANCY. A vacancy on the board of directors | ||
is filled in the same manner as the original appointment to the | ||
board under this subchapter. | ||
Sec. 460.258. VOTING REQUIREMENTS. Except as provided by | ||
Sections 460.254(a) and 460.602(b), an action of the board of | ||
directors requires a vote of a majority of the members present, | ||
other than members described by Section 460.253(4), unless the | ||
bylaws require a larger number for a specific action. | ||
SECTION 5. Section 460.602, Transportation Code, is amended | ||
to read as follows: | ||
Sec. 460.602. PARTICIPATION IN SERVICE PLAN; AGREEMENT WITH | ||
MUNICIPALITY. (a) A service plan may be implemented in an area of a | ||
municipality that has not authorized the authority's sales and use | ||
tax levy if: | ||
(1) the authorization by the municipality of the | ||
authority's sales and use tax levy, when combined with the rates of | ||
all sales and use taxes imposed by other political subdivisions in | ||
the municipality, would exceed two percent in any location in the | ||
municipality; and | ||
(2) the municipality has entered into an agreement | ||
with the authority to provide public transportation services in a | ||
public transportation financing area designated under this | ||
subchapter in exchange for all or a portion of the tax increment in | ||
the area. | ||
(b) An authority described by Section 460.252 may enter into | ||
an agreement under Subsection (a)(2) only if the board of directors | ||
of the authority approves the agreement by an affirmative vote of at | ||
least three-fifths of the members described by either Section | ||
460.253(1) or (3) and at least one member appointed by the | ||
commissioners court. | ||
SECTION 6. On the effective date of this Act, the | ||
composition of the board of directors of a coordinated county | ||
transportation authority described by Section 460.252, | ||
Transportation Code, as added by this Act, is modified to conform to | ||
Subchapter D-1, Chapter 460, Transportation Code, as added by this | ||
Act, as follows: | ||
(1) the currently serving members of the board | ||
appointed by a founding municipality, as that term is defined by | ||
Section 460.251, Transportation Code, as added by this Act, assume | ||
the board positions described by Section 460.253(1), | ||
Transportation Code, as added by this Act, and continue to serve as | ||
members of the board for the remainder of their terms; | ||
(2) as soon as practicable, the commissioners court of | ||
a county located in the authority shall designate the currently | ||
serving members of the board appointed by the commissioners court | ||
who assume the board positions described by Section 460.253(2), | ||
Transportation Code, as added by this Act, and those members | ||
continue to serve as members of the board for the remainder of their | ||
terms; | ||
(3) the currently serving members of the board | ||
appointed by a municipality with a population of 17,000 or more that | ||
has not authorized the authority's sales and use tax levy assume the | ||
nonvoting board positions described by Section 460.255, | ||
Transportation Code, as added by this Act, and continue to serve as | ||
nonvoting members of the board for the remainder of their terms; | ||
(4) as soon as practicable, the commissioners court of | ||
a county located in the authority shall designate the currently | ||
serving members of the board appointed by a municipality in the | ||
county with a population of more than 500 but less than 17,000 that | ||
has not authorized the authority's sales and use tax levy who assume | ||
the nonvoting board positions described by Section 460.255, | ||
Transportation Code, as added by this Act, and the members continue | ||
to serve as nonvoting members of the board for the remainder of | ||
their terms; | ||
(5) any alternate members serving on the board for | ||
members described by Subdivisions (1)-(4) of this section continue | ||
to serve in that capacity; and | ||
(6) the terms of all other currently serving members | ||
of the board expire. | ||
SECTION 7. This Act does not prohibit a person who is a | ||
member of the board of directors of a coordinated county | ||
transportation authority described by Section 460.252, | ||
Transportation Code, as added by this Act, whose term expires under | ||
Section 6 of this Act from being reappointed to the board if the | ||
person is eligible under Subchapter D-1, Chapter 460, | ||
Transportation Code, as added by this Act. | ||
SECTION 8. (a) A rule or bylaw adopted or other action | ||
taken before the effective date of this Act by a coordinated county | ||
transportation authority described by Section 460.252, | ||
Transportation Code, as added by this Act, remains in effect as a | ||
rule, bylaw, or action of the authority until superseded by action | ||
of that authority. | ||
(b) The change in law made by this Act to Section 460.602, | ||
Transportation Code, applies to an agreement entered into on or | ||
after the effective date of this Act. An agreement entered into | ||
before the effective date of this Act is governed by the law as it | ||
existed immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 9. 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, 2019. |