House Bill 3588
ARTICLE
13. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION
TABLE OF CONTENTS
Art. 1. Trans-Texas Corridor -
Art. 2. Regional Mobility
Authorities - Art. 3. Advance Acquisition of Property
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Art. 4. Rail Facilities
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Art. 5. Issuance of Bonds and Other Public Securities -
Art. 6.
Pass-Through Tolls -
Art. 7.
Conversion of Nontoll State Highway -
Art. 8.
Commercial Driver's Licenses -
Art. 9.
Motor Vehicle Sales Tax -
Art. 10.
Driver Responsibility -
Art. 11.
Disposition of Department of Public Safety Fees -
Art. 12.
Additional Court Costs - Art. 13.
Statewide Coordination of Public Transportation -
Art. 14.
Conditional Grant Program -
Art. 15
Texas Turnpike Authority -
Art. 16.
Commercial Motor Vehicle Safety Standards -
Art. 17.
Nonrepairable and Salvage Motor Vehicles; Salvage Vehicle Dealers -
Art. 18.
Funding of Port Security, Projects, and Studies -
Art. 19.
Miscellaneous Provisions -
Art. 20.
General Provisions; Effective Date
ARTICLE 13. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION
SECTION 13.01. Subtitle K, Title 6, Transportation Code, is amended by adding Chapter 461 to read as follows:
CHAPTER 461. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION
Sec. 461.001. LEGISLATIVE INTENT AND CONSTRUCTION.
(a) Public transportation services are provided in this state by many different entities, both public and private. The multiplicity of public transportation providers and services, coupled with a lack of coordination between state oversight agencies, has generated inefficiencies, overlaps in service, and confusion for consumers. It is the intent of this chapter:
(1) to eliminate waste in the provision of public transportation services;
(2) to generate efficiencies that will permit increased levels of service; and
(3) to further the state's efforts to reduce air pollution.
(b) This chapter shall be liberally construed to achieve its purposes.
Sec. 461.002. DEFINITIONS. In this chapter:
(1) "Public transportation provider" means any entity that provides public transportation services if it is a governmental entity or if it receives financial assistance from a governmental entity, whether state, local, or federal. The term does not include private carriers that do not receive financial assistance from a governmental entity. It also does not include a person who provides intercity rail or bus service, commercial air transportation, water transportation, or nonstop service to or from a point located outside this state. If a person provides both public transportation services and services that are not public transportation services, that person is included within the term only with regard to the provision of public transportation services and to the extent of those public transportation services.
(2) "Public transportation services" means any conveyance of passengers and their hand-carried baggage by a governmental entity or by a private entity if the private entity receives financial assistance for that conveyance from any governmental entity. It does not include intercity rail or bus service, commercial air transportation, water transportation, or nonstop service to or from a point located outside this state.
Sec. 461.003. RULES OF TEXAS TRANSPORTATION COMMISSION.
(a) The commission by rule may:
(1) require a state agency that is responsible for ensuring the provision of public transportation services to contract with the department for the department to assume the responsibilities of that agency relating to the provision of public transportation services; and
(2) require a public transportation provider to provide detailed information on its provision of public transportation services, including revenues, routes, maps, categories of passengers served, number of passengers served, and equipment use and condition.
(b) Except with regard to health and human services programs funded by this state, the commission may not direct the planning or operations of an authority created or operating under Chapter 451, 452, 453, or 460.
(c) The commission shall adopt other rules, including rules defining terms, necessary to implement this chapter.
Sec. 461.004. DUTIES OF TEXAS DEPARTMENT OF TRANSPORTATION.
(a) The department shall identify:
(1) overlaps and gaps in the provision of public transportation services, including services that could be more effectively provided by existing, privately funded transportation resources;
(2) underused equipment owned by public transportation providers; and
(3) inefficiencies in the provision of public transportation services by any public transportation provider.
(b) The department may contract with any public or private transportation provider for the department to arrange for the provision of public transportation services.
Sec. 461.005. ELIMINATION OF OVERLAPPING SERVICE.
(a) To eliminate waste and maximize efficiency, the department shall encourage public transportation providers to agree on the allocation of specific services and service areas among the providers. The department may incorporate these discussions in planning processes such as the development of the statewide transportation improvement program or a local transportation improvement plan.
(b) If public transportation providers do not reach an agreement on a service plan under Subsection (a), the department may develop an interim service plan for that area.
(c) The department may require that all or a percentage of the vehicles used to provide public transportation services comply with specified emissions standards. The standards may vary among geographic areas based on the need of each area to reduce levels of air pollution. This subsection does not apply to an authority created under Chapter 451, 452, 453, or 460.
Sec. 461.006. DUTIES OF PUBLIC TRANSPORTATION PROVIDERS.
Each public transportation provider shall cooperate with the department in eliminating waste and ensuring efficiency and maximum coverage in the provision of public transportation services.
Sec. 461.007. INCENTIVES FOR EFFICIENCY.
(a) Notwithstanding any other law, including a law establishing a formula for the allocation of public transportation grants, the commission may increase or reduce the amount of a grant made to a public transportation provider based on whether the public transportation provider is complying fully with this chapter.
(b) Notwithstanding any other law, the commission may consider whether a public transportation provider in a geographic area of this state is complying fully with this chapter in executing the commission's other responsibilities relating to that area.
SECTION 13.02. Section 455.0015, Transportation Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:
(b) It is the intent of the legislature that, whenever possible, and to the maximum extent feasible, the existing network of transportation providers, and in particular the fixed route components of the existing networks, be used to meet the client transportation requirements of the state's social service agencies and their agents. The legislature recognizes the contributions of nonprofit entities dedicated to providing social services and related activities and encourages the continued community involvement of these entities in this area. The legislature likewise recognizes the potential cost savings and other benefits of utilizing existing private sector transportation resources. The department will contract with and promote the use of private sector transportation resources to the maximum extent feasible consistent with the goals of this subsection.
(c) Each health and human services agency of this state shall contract with the department for the department to assume all responsibilities of the health and human services agency relating to the provision of transportation services for clients of eligible programs.
(d) The department may contract with any public or private transportation provider or with any regional transportation broker for the provision of public transportation services.
SECTION 13.03. Section 455.004, Transportation Code, is amended to read as follows:
Sec. 455.004. PUBLIC TRANSPORTATION ADVISORY COMMITTEE.
(a) A public transportation advisory committee consisting of nine members shall:
(1) advise the commission on the needs and problems of the state's public transportation providers, including the methods for allocating state public transportation money;
(2) comment on rules involving public transportation during development of the rules and before the commission finally adopts the rules unless an emergency requires immediate commission action; [and]
(3) advise the commission on the implementation of Chapter 461; and
(4) perform any other duty determined by the commission.
(b) The commission shall appoint members of the advisory committee. The membership of the committee shall [governor, the lieutenant governor, and the speaker of the house of representatives each shall appoint three members of the committee. The appointing officers shall allocate among themselves the
authority for appointment of members with different types of qualifications. The committee must] include:
(1) four members who [one member to] represent a diverse cross-section of public transportation providers [in rural areas];
(2) three members who [one member to] represent a diverse cross-section of transportation users [municipal transit systems in urban areas with populations of less than 200,000]; and
(3) two members who [one member to represent metropolitan transit authorities in urban areas with populations of 200,000 or more;
[(4) one member to represent transportation providers for persons with disabilities and the elderly; and
[(5) five members who have a knowledge of and interest in public transportation to] represent the general public.
(c) A member serves at the pleasure of the commission[officer appointing the member]. A member is not entitled to compensation for service on the committee but is entitled to reimbursement for reasonable expenses the member incurs in performing committee duties.
(d) The public transportation advisory committee shall meet [quarterly or] as requested by the commission.
(e) The commission may adopt rules to govern the operation of the advisory committee.
SECTION 13.04. Section 461.012, Health and Safety Code, is amended by adding Subsection (g) to read as follows:
(g) The commission shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs.
SECTION 13.05. Section 533.012, Health and Safety Code, is amended to read as follows:
Sec. 533.012. COOPERATION OF STATE AGENCIES.
v(a) At the department's request, all state departments, agencies, officers, and employees shall cooperate with the department in activities that are consistent with their functions.
(b) The department shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs.
SECTION 13.06. Section 22.001, Human Resources Code, is amended by adding Subsection (e) to read as follows:
(e) The department shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs.
SECTION 13.07. Section 40.002, Human Resources Code, is
amended by adding Subsection (f) to read as follows:
(f) The department may contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs.
SECTION 13.08. Section 91.021, Human Resources Code, is amended by adding Subsection (g) to read as follows:
(g) The commission shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs.
SECTION 13.09. Section 101.0256, Human Resources Code, is amended to read as follows:
Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES.
(a)The department and the Texas Department of Human Services shall develop standardized assessment procedures to share information on common clients served in a similar service region.
(b) The department shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the department relating to the provision of transportation services for clients of eligible programs.
SECTION 13.10. Section 111.0525, Human Resources Code, is amended by adding Subsection (d) to read as follows:
(d) The commission shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs.
SECTION 13.11. Section 301.063, Labor Code, is amended by adding Subsection (f) to read as follows:
(f) The commission shall contract with the Texas Department of Transportation for the Texas Department of Transportation to assume all responsibilities of the commission relating to the provision of transportation services for clients of eligible programs.
SECTION 13.12. It is the intent of the legislature that the provision of health and human services transportation through the Texas Department of Transportation will improve the delivery of transportation services to clients and enhance their access to transportation services. Furthermore, it is the intent of the legislature that these services be provided in a manner that will generate efficiencies in operation, control costs, and permit increased levels of service. The Texas Department of Transportation shall encourage cooperation and coordination among transportation providers, regional transportation brokers, and actual and potential clients in an effort to achieve the stated legislative goals.
SECTION 13.13. Any funds that are used by the Texas Department of Transportation to implement the transportation services provided in Sections 13.02, 13.04, 13.05, 13.06, 13.07, 13.08, 13.09, 13.10, and 13.11 shall be accounted for and budgeted separately from other funds appropriated to the Texas Department of Transportation for any other public transportation program or budget strategy.
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