H.B. No. 3777
 
 
 
 
AN ACT
  relating to the establishment and governance of certain regional
  transportation authorities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 321.101(b), Tax Code, is amended to read
  as follows:
         (b)  A municipality that is not disqualified may, by a
  majority vote of the qualified voters of the municipality voting at
  an election held for that purpose, adopt an additional sales and use
  tax for the benefit of the municipality in accordance with this
  chapter. A municipality is disqualified from adopting the
  additional sales and use tax if the municipality:
               (1)  is included within the boundaries of a rapid
  transit authority created under Chapter 451, Transportation Code;
               (2)  is included within the boundaries of a regional
  transportation authority created under Chapter 452, Transportation
  Code, by a principal municipality having a population of less than
  1.1 million according to the most recent federal decennial census
  [800,000], unless the municipality has a population of 400,000 or
  more and is located in more than one county;
               (3)  is wholly or partly located in a county that
  contains territory within the boundaries of a regional
  transportation authority created under Chapter 452, Transportation
  Code, by a principal municipality having a population in excess of
  1.1 million according to the most recent federal decennial census
  [800,000], unless:
                     (A)  the municipality is a contiguous
  municipality; or
                     (B)  the municipality is not included within the
  boundaries of the authority and is located wholly or partly in a
  county in which fewer than 250 persons are residents of both the
  county and the authority according to the most recent federal
  census; or
                     (C)  the municipality is not and on January 1,
  1993, was not included within the boundaries of the authority; or
               (4)  imposes a tax authorized by Chapter 453,
  Transportation Code.
         SECTION 2.  Section 321.1025(a), Tax Code, is amended to
  read as follows:
         (a)  A municipality that is wholly or partly located in a
  county that contains territory within the boundaries of a regional
  transportation authority created under Chapter 452, Transportation
  Code, by a principal municipality having a population of more than
  1.1 million according to the most recent federal decennial census
  [800,000] and that has adopted an additional sales and use tax for
  the benefit of the municipality may hold an election on the question
  of whether the municipality shall be annexed to the authority.
         SECTION 3.  Section 452.502(a), Transportation Code, is
  amended to read as follows:
         (a)  The executive committee of a regional transportation
  authority confirmed in more than one subregion is composed of 11
  members selected as follows:
               (1)  seven members from the membership of the
  subregional board in the subregion that has [containing] a
  principal municipality with [having] a population of more than 1.1
  million according to the most recent federal decennial census
  [800,000]; and
               (2)  four members from the membership of the
  subregional board in the subregion that has no principal
  municipality with a population of more than 1.1 million according
  to the most recent federal decennial census [800,000].
         SECTION 4.  The heading to Subchapter N, Chapter 452,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER N. SUBREGIONAL BOARD IN AUTHORITY HAVING NO MUNICIPALITY
  WITH POPULATION OF MORE THAN 1.1 MILLION [800,000]
         SECTION 5.  Section 452.561, Transportation Code, is amended
  to read as follows:
         Sec. 452.561.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to the board of a subregion that has no principal
  municipality with a population of more than 1.1 million according
  to the most recent federal decennial census [800,000].
         SECTION 6.  Sections 452.562(a), (b), and (c),
  Transportation Code, are amended to read as follows:
         (a)  A subregional board is composed of 11 [nine] members.
         (b)  If the entire county of the principal municipality is
  included in the authority, the subregional board consists of:
               (1)  five [four] members appointed by the governing
  body of the principal municipality;
               (2)  five [four] members appointed by the commissioners
  court of the county of the principal municipality; and
               (3)  one member appointed by the governing body of a
  municipality that is in the authority and has a population of more
  than 100,000.
         (c)  If Subsection (b) does not apply, the subregional board
  shall be appointed as follows:
               (1)  the commissioners court of the county of the
  principal municipality shall appoint at least three members [one
  member] to represent:
                     (A)  the unincorporated areas and municipalities
  in the county that are not otherwise represented on the subregional
  board; and
                     (B)  the municipalities that have entered into a
  contract with the authority to receive services; and
               (2)  the remaining members shall be apportioned to the
  municipalities confirmed as all or part of the subregion according
  to the ratio that the population of each unit of election bears to
  the total population of the area confirmed as the subregion.
         SECTION 7.  The heading to Subchapter O, Chapter 452,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER O. SUBREGIONAL BOARD IN SUBREGION HAVING PRINCIPAL
  MUNICIPALITY WITH POPULATION OF MORE THAN 1.1 MILLION [800,000]
         SECTION 8.  Section 452.571, Transportation Code, is amended
  to read as follows:
         Sec. 452.571.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to the board of a subregion that has a principal
  municipality with a population of more than 1.1 million according
  to the most recent federal decennial census [800,000].
         SECTION 9.  Sections 452.605(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  A municipality with [having] a population of at least
  250,000 according to the most recent [preceding] federal decennial
  census and located in a county that has no principal municipality
  with a population of more than 1.1 million [800,000] according to
  the most recent [preceding] federal decennial census may join a
  separate authority by complying with this chapter.
         (b)  If a municipality described by Subsection (a) joins a
  separate authority and another separate authority is subsequently
  established in a county that has no principal municipality with a
  [of more than 800,000] population of more than 1.1 million
  according to the most recent [preceding] federal decennial census,
  any municipality in that county that has voted to participate with
  any authority created under this chapter may at the time of the
  creation of the new authority:
               (1)  remain in the authority that was created first;
               (2)  join the new authority in the county in which the
  municipality is located; or
               (3)  participate with both authorities.
         SECTION 10.  Section 452.657, Transportation Code, is
  amended by adding Subsections (e) and (f) to read as follows:
         (e)  In a unit of election with a population of less than
  10,000 according to the most recent federal decennial census that
  withdraws from an authority consisting of one subregion governed by
  a subregional board created under Subchapter N, title to all real
  estate in the unit of election owned or partially owned by the
  authority, including improvements made by the authority, except a
  right-of-way or an improvement to a right-of-way, shall immediately
  vest in the authority, and the authority may continue to use the
  real estate and improvements in the withdrawn unit of election as
  may be determined by the authority to be necessary:
               (1)  for the continuation of service to other units of
  election;
               (2)  to satisfy the authority's remaining federal grant
  obligation for the real estate and improvements; or 
               (3)  for the operation of a public transportation
  system as provided by Section 452.056(a).
         (f)  An authority is responsible for all operation and
  maintenance costs of the property and improvements located in the
  withdrawn unit of election that are owned or partially owned by the
  authority as described by Subsection (e).
         SECTION 11.  Section 452.659, Transportation Code, is
  amended by adding Subsection (e) to read as follows:
         (e)  Notwithstanding any other provision of this chapter, in
  determining the total financial obligation of a withdrawn unit of
  election to an authority consisting of one subregion governed by a
  subregional board created under Subchapter N, Subsection (a)(2)
  does not apply, and the amounts calculated under Subsection (a)(1)
  do not include any financial, contractual, or other obligations
  incurred by the authority between the date that an election to
  withdraw is ordered and the date of the canvass of the election.
  The executive committee shall determine the total financial
  obligation of the withdrawn unit of election not later than the
  180th day after the date the election is called. This subsection:
               (1)  applies to an election to withdraw that is ordered
  before, on, or after September 1, 2015; and
               (2)  expires August 31, 2016.
         SECTION 12.  Section 452.710(b), Transportation Code, is
  amended to read as follows:
         (b)  The interim subregional board of a subregion that has no
  principal municipality with a population of more than 1.1 million
  according to the most recent federal decennial census [800,000] is
  composed of 11 [nine] members appointed as provided by Section
  452.562(b).
         SECTION 13.  Section 452.712(d), Transportation Code, is
  amended to read as follows:
         (d)  In a subregion that has no principal municipality with a
  population of more than 1.1 million according to the most recent
  federal decennial census [800,000], the tax rate must be approved
  by the commissioners court before the confirmation election.
         SECTION 14.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3777 was passed by the House on May
  13, 2015, by the following vote:  Yeas 145, Nays 1, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3777 on May 28, 2015, by the following vote:  Yeas 143, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3777 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor