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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [Section] 460.2015 and
  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.
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