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AN ACT
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relating to certain mass transit entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (e) and (f), Section 451.0611, |
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Transportation Code, are amended to read as follows: |
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(e) The notice required by Subsection (d)(2) may be included |
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in a citation issued to the person under Article 14.06, Code of |
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Criminal Procedure, or under Section 451.0612, in connection with |
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an offense relating to the nonpayment of the appropriate fare or |
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charge for the use of the public transportation system. |
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(f) An offense under Subsection (d) is: |
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(1) a Class C misdemeanor; and |
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(2) not a crime of moral turpitude. |
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SECTION 2. Subchapter B, Chapter 451, Transportation Code, |
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is amended by adding Section 451.0612 to read as follows: |
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Sec. 451.0612. FARE ENFORCEMENT OFFICERS IN CERTAIN |
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AUTHORITIES. (a) An authority confirmed before July 1, 1985, in |
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which the principal municipality has a population of less than |
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750,000 may employ persons to serve as fare enforcement officers to |
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enforce the payment of fares for use of the public transportation |
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system by: |
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(1) requesting and inspecting evidence showing |
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payment of the appropriate fare from a person using the public |
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transportation system; and |
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(2) issuing a citation to a person described by |
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Section 451.0611(d)(1). |
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(b) Before commencing duties as a fare enforcement officer, |
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a person must complete a 40-hour training course approved by the |
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authority that is appropriate to the duties required of a fare |
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enforcement officer. |
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(c) While performing duties, a fare enforcement officer |
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shall: |
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(1) wear a distinctive uniform that identifies the |
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officer as a fare enforcement officer; and |
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(2) work under the direction of the authority's |
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manager of safety and security. |
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(d) A fare enforcement officer may: |
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(1) request evidence showing payment of the |
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appropriate fare from passengers of the public transportation |
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system; |
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(2) request personal identification from a passenger |
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who does not produce evidence showing payment of the appropriate |
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fare on request by the officer; |
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(3) request that a passenger leave the public |
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transportation system if the passenger does not possess evidence of |
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payment of the appropriate fare; and |
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(4) file a complaint in the appropriate court that |
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charges the person with an offense under Section 451.0611(d). |
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(e) A fare enforcement officer may not carry a weapon while |
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performing duties under this section. |
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(f) A fare enforcement officer is not a peace officer and |
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has no authority to enforce a criminal law, other than the authority |
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possessed by any other person who is not a peace officer. |
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SECTION 3. Subsection (c), Section 451.108, Transportation |
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Code, is amended to read as follows: |
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(c) A peace officer commissioned under this section, except |
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as provided by Subsections (d) and (e), or a peace officer |
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contracted for employment by an authority confirmed before July 1, |
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1985, in which the principal municipality has a population of less |
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than 750,000, may: |
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(1) make an arrest in any county in which the transit |
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authority system is located as necessary to prevent or abate the |
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commission of an offense against the law of this state or a |
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political subdivision of this state if the offense or threatened |
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offense occurs on or involves the transit authority system; |
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(2) make an arrest for an offense involving injury or |
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detriment to the transit authority system; |
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(3) enforce traffic laws and investigate traffic |
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accidents that involve or occur in the transit authority system; |
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and |
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(4) provide emergency and public safety services to |
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the transit authority system or users of the transit authority |
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system. |
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SECTION 4. Section 451.061, Transportation Code, is amended |
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by amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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(d) Except as provided by Subsection (d-1), the [The] fares, |
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tolls, charges, rents, and other compensation established by an |
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authority in which the principal municipality has a population of |
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less than 1.2 million may not take effect until approved by a |
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majority vote of a committee composed of: |
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(1) five members of the governing body of the |
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principal municipality, selected by that governing body; |
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(2) three members of the commissioners court of the |
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county having the largest portion of the incorporated territory of |
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the principal municipality, selected by that commissioners court; |
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and |
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(3) three mayors of municipalities, other than the |
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principal municipality, located in the authority, selected by: |
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(A) the mayors of all the municipalities, except |
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the principal municipality, located in the authority; or |
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(B) the mayor of the most populous municipality, |
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other than the principal municipality, in the case of an authority |
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in which the principal municipality has a population of less than |
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300,000. |
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(d-1) The establishment of or a change to fares, tolls, |
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charges, rents, and other compensation by an authority confirmed |
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before July 1, 1985, in which the principal municipality has a |
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population of less than 750,000, takes effect immediately on |
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approval by a majority vote of the board, except that the |
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establishment of or a change to a single-ride base fare takes effect |
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on the 60th day after the date the board approves the fare or change |
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to the fare, unless the policy board of the metropolitan planning |
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organization that serves the area of the authority disapproves the |
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fare or change to the fare by a majority vote. |
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SECTION 5. Section 451.071, Transportation Code, is amended |
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by adding Subsections (g) and (h) to read as follows: |
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(g) This section does not require the authority to hold a |
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referendum on a proposal to enter into a contract or interlocal |
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agreement to build, operate, or maintain a fixed rail transit |
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system for another entity. Notwithstanding Subsection (d), the |
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authority may spend funds of the authority to enter into a contract |
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and operate under that contract to build, operate, or maintain a |
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fixed rail transit system if the other entity will reimburse the |
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authority for the funds. |
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(h) A referendum held by a political subdivision, the |
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authority, or an entity other than the authority at which funding is |
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approved for a fixed rail transit system is considered to meet the |
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requirements of Subsections (d) and (e) and Section 451.3625 if the |
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notice for the election called by the political subdivision, the |
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authority, or other entity contains the description required by |
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Subsection (c). The referendum may allow for financial |
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participation of more than one political subdivision or entity. |
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The authority may only spend funds of the authority if the |
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referendum authorizes that expenditure. |
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SECTION 6. Subchapter J, Chapter 451, Transportation Code, |
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is amended by adding Sections 451.458, 451.459, and 451.460 to read |
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as follows: |
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Sec. 451.458. INTERNAL AUDITOR. (a) This section applies |
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only to an authority confirmed before July 1, 1985, in which the |
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principal municipality has a population of less than 750,000. |
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(b) The board shall appoint a qualified individual to |
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perform internal auditing services for a term of five years. The |
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board may remove the auditor only on the affirmative vote of at |
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least three-fourths of the members of the board. |
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(c) The auditor shall report directly to the board. |
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Sec. 451.459. SUNSET REVIEW. (a) An authority confirmed |
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before July 1, 1985, in which the principal municipality has a |
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population of less than 750,000 is subject to review under Chapter |
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325, Government Code (Texas Sunset Act), as if it were a state |
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agency but may not be abolished under that chapter. The review |
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shall be conducted as if the authority were scheduled to be |
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abolished September 1, 2011. In addition, another review shall be |
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conducted as if the authority were scheduled to be abolished |
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September 1, 2017. The reviews conducted under this section must |
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include an assessment of the governance, management, and operating |
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structure of the authority and the authority's compliance with the |
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duties and requirements placed on it by the legislature. |
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(b) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing a review of the authority under |
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this section. The Sunset Advisory Commission shall determine the |
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cost, and the authority shall pay the amount promptly on receipt of |
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a statement from the Sunset Advisory Commission detailing the cost. |
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Sec. 451.460. ANNUAL REPORT. (a) This section applies |
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only to an authority confirmed before July 1, 1985, in which the |
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principal municipality has a population of less than 750,000. |
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(b) The authority shall provide an annual report to each |
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governing body of a municipality or county in the authority |
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regarding the status of any financial obligation of the authority |
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to the municipality or county. |
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SECTION 7. Section 451.5021, Transportation Code, is |
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amended by amending Subsections (a), (b), (d), and (e) and adding |
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Subsections (b-1), (d-1), (d-2), and (d-3) to read as follows: |
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(a) This section applies only to the board of an authority |
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created before July 1, 1985, in which the principal municipality |
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has a population of less than 750,000 [in which each member of the
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governing body of the principal municipality is elected at large]. |
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(b) Members of the [The] board [is composed of seven members
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who] are appointed as follows: |
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(1) one member, who is an elected official, [two
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members representing the general public] appointed by the |
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metropolitan planning organization designated by the governor that |
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serves the area of the authority; |
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(2) two members, one who must be and one who may be an |
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elected official, [two members] appointed by the governing body of |
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the principal municipality; |
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(3) one member appointed by the commissioners court of |
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the principal county; |
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(4) one member appointed by the commissioners court of |
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the county, excluding the principal county, that has the largest |
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population of the counties in the authority [a panel composed of the
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mayors of all the municipalities in the authority located in the
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principal county of the authority, excluding the mayor of the
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principal municipality]; [and] |
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(5) one member, who is an elected official, appointed |
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by a panel composed of[:
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[(A)] the mayors of all municipalities in the |
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authority [located outside the principal county of the authority], |
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excluding the mayor of the principal municipality; |
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(6) one member, who has at least 10 years of experience |
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as a financial or accounting professional, appointed by the |
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metropolitan planning organization that serves the area in which |
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the authority is located; |
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(7) one member, who has at least 10 years of experience |
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in an executive-level position in a public or private organization, |
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including a governmental entity, appointed by the metropolitan |
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planning organization that serves the area in which the authority |
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is located; and |
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(8) two members appointed by the metropolitan planning |
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organization that serves the area in which the authority is |
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located, if according to the most recent federal decennial census |
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more than 35 percent of the population in the territory of the |
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authority resides outside the principal municipality [(B)
the
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county judges of the counties having unincorporated area in the
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authority, excluding the county judge of the principal county; and
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[(C)
the presiding officer of each municipal
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utility district that:
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[(i)
has a majority of its territory
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located outside the principal county; and
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[(ii)
is located wholly or partly in the
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authority]. |
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(b-1) Notwithstanding Section 451.505, members of the board |
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serve staggered three-year terms, with the terms of two or three |
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members, as applicable, expiring June 1 of each year. |
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(d) A person appointed under Subsection (b)(1), (2) |
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[(b)(2), (3), (4)], or (5), except as provided by Subsection |
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(b)(2): |
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(1) must be a member of the governing body: |
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(A) of the political subdivision that is entitled |
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to make the appointment; or |
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(B) over which a member of the panel entitled to |
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make an appointment presides; |
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(2) vacates the office of board member if the person |
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ceases to be a member of the governing body described by Subdivision |
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(1); |
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(3) serves on the board as an additional duty of the |
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office held on the governing body described by Subdivision (1); and |
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(4) is not entitled to compensation for serving as a |
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member of the board. |
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(d-1) At least two members appointed under Subsections |
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(b)(1), (6), and (7) must be qualified voters residing in the |
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principal municipality. |
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(d-2) A person appointed under Subsection (b)(3) must: |
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(1) have the person's principal place of occupation or |
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employment in the portion of the authority's service area that is |
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located in the principal county; or |
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(2) be a qualified voter of the principal county. |
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(d-3) A person appointed under Subsection (b)(4) must: |
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(1) have the person's principal place of occupation or |
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employment in the portion of the authority's service area that is |
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located in the county, other than the principal county, that has the |
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largest population of the counties in the authority; or |
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(2) be a qualified voter of the county, other than the |
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principal county, that has the largest population of the counties |
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in the authority. |
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(e) A panel appointing a member under Subsection (b)(5) |
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[this section] operates in the manner prescribed by Section |
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451.503. |
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SECTION 8. Subsection (b), Section 451.505, Transportation |
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Code, is amended to read as follows: |
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(b) The terms of members of a board are staggered if the |
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authority was[:
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[(1)] created before 1980 and has a principal |
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municipality with a population of less than 1.2 million[; or
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[(2)
confirmed before July 1, 1985, and has a
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principal municipality with a population of less than 750,000]. |
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SECTION 9. Subsections (g) and (h), Section 451.5021, |
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Transportation Code, are repealed. |
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SECTION 10. (a) This section applies only to a member of |
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the board of a metropolitan rapid transit authority created before |
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July 1, 1985, in which the principal municipality has a population |
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of 750,000 or less. |
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(b) The term of a board member that is scheduled, under the |
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law as it existed before the effective date of this Act, to expire: |
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(1) after the effective date of this Act but before |
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January 1, 2010, is extended to December 31, 2009; and |
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(2) on or after January 1, 2010, expires on the date |
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the term was scheduled to expire under this law as it existed before |
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the effective date of this Act. |
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(c) As soon as practicable on or after the effective date of |
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this Act, but not later than December 31, 2009, the persons and |
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entities specified in Section 451.5021, Transportation Code, as |
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amended by this Act, shall appoint the members of the board in |
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compliance with that section, as amended, to serve terms that |
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begin, as applicable and as subject to Subsection (d) of this |
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section: |
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(1) January 1, 2010; or |
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(2) the day after a term expires under Subdivision |
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(2), Subsection (b) of this section. |
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(d) A vacancy created because of the expiration of a term |
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under Subsection (b) of this section is filled in the following |
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manner: |
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(1) for a member appointed under Subdivision (1), |
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Subsection (b), Section 451.5021, Transportation Code, under the |
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law as it existed before the effective date of this Act: |
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(A) one vacancy shall be filled by the appointing |
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person or entity specified by Subdivision (6), Subsection (b), |
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Section 451.5021, Transportation Code, as added by this Act; and |
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(B) one vacancy shall be filled by the appointing |
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person or entity specified by Subdivision (7), Subsection (b), |
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Section 451.5021, Transportation Code, as added by this Act; |
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(2) for a member appointed under Subdivision (2), |
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Subsection (b), Section 451.5021, Transportation Code, under the |
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law as it existed before the effective date of this Act: |
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(A) one vacancy shall be filled by the appointing |
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person or entity specified by Subdivision (1), Subsection (b), |
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Section 451.5021, Transportation Code, as amended by this Act; and |
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(B) one vacancy shall be filled by the appointing |
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person or entity specified by Subdivision (2), Subsection (b), |
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Section 451.5021, Transportation Code, as amended by this Act; |
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(3) for a member appointed under Subdivision (3), |
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Subsection (b), Section 451.5021, Transportation Code, under the |
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law as it existed before the effective date of this Act, the vacancy |
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shall be filled by the appointing person or entity specified by |
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Subdivision (3), Subsection (b), Section 451.5021, Transportation |
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Code, as amended by this Act; |
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(4) for a member appointed under Subdivision (4), |
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Subsection (b), Section 451.5021, Transportation Code, under the |
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law as it existed before the effective date of this Act, the vacancy |
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shall be filled by the appointing person or entity specified by |
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Subdivision (5), Subsection (b), Section 451.5021, Transportation |
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Code, as amended by this Act; and |
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(5) for a member appointed under Subdivision (5), |
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Subsection (b), Section 451.5021, Transportation Code, under the |
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law as it existed before the effective date of this Act, the vacancy |
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shall be filled by the appointing person or entity specified by |
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Subdivision (4), Subsection (b), Section 451.5021, Transportation |
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Code, as amended by this Act. |
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(e) The members of the board appointed under Subsection (c) |
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of this section shall draw lots to determine which terms of two |
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members expire June 1, 2011, which terms of three members expire |
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June 1, 2012, and which terms of three members expire June 1, 2013. |
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(f) As soon as practicable after the metropolitan planning |
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organization specified by Subdivision (8), Subsection (b), Section |
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451.5021, Transportation Code, as added by this Act, determines |
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that that subdivision applies to the metropolitan rapid transit |
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authority, the metropolitan planning organization shall appoint: |
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(1) one member of the board of the authority for a term |
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to expire June 1, 2011, or, if that date has passed, the following |
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six-year anniversary of that date; and |
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(2) one member of the board of the authority for a term |
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to expire June 1, 2013, or, if that date has passed, the following |
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six-year anniversary of that date. |
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SECTION 11. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1263 passed the Senate on |
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May 18, 2009, by the following vote: Yeas 31, Nays 0; |
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May 30, 2009, Senate refused to concur in House amendment and |
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requested appointment of Conference Committee; May 30, 2009, House |
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granted request of the Senate; May 31, 2009, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1263 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 147, |
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Nays 1, one present not voting; May 30, 2009, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 31, 2009, House adopted Conference Committee Report by the |
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following vote: Yeas 143, Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |