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A BILL TO BE ENTITLED
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AN ACT
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relating to management of certain metropolitan rapid transit |
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authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 451, Transportation Code, is amended by |
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adding Subchapter C-1 to read as follows: |
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SUBCHAPTER C-1. ADDITIONAL MANAGEMENT PROVISIONS FOR CERTAIN |
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AUTHORITIES |
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Sec. 451.131. APPLICABILITY. This subchapter applies only |
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to an authority confirmed before July 1, 1985, in which the |
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principal municipality has a population of less than 850,000. |
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Sec. 451.132. BUDGET. (a) The board shall include in the |
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budget adopted under Section 451.102: |
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(1) operating expenses and capital expenditures; and |
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(2) amounts budgeted and sources of funding for each |
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major department of the authority. |
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(b) Before adoption of a budget the board shall consider |
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detailed information from each major department of the authority on |
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capital improvement projects proposed for the applicable fiscal |
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year and budget needs for those projects. The considered |
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information must include: |
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(1) project purposes; |
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(2) project benefits; |
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(3) project funding sources; |
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(4) project implementation costs; and |
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(5) any operational costs resulting from a project. |
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Sec. 451.133. FIVE-YEAR CAPITAL IMPROVEMENT PLAN. (a) The |
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board shall adopt a five-year plan for capital improvement projects |
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that supports the strategic goals outlined in Section 451.137 and |
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that: |
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(1) describes planned projects, including type and |
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scope; |
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(2) prioritizes the projects; |
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(3) addresses proposed project financing, including |
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any effect a project may have on ongoing operational costs; |
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(4) identifies sources of funding for projects, |
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including local and federal funds; and |
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(5) establishes policies for projects, including |
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policies on: |
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(A) planning; |
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(B) approval; |
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(C) cost estimation; |
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(D) project reports; and |
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(E) expense tracking. |
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(b) The board shall hold a public meeting on a proposed |
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capital improvement plan before adopting the plan and must make the |
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proposed plan available to the public for review and comment. |
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(c) The board shall annually reevaluate and, if necessary, |
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amend the capital improvement plan to ensure compliance with this |
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section. |
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(d) The capital improvement plan should, as appropriate, |
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align with the long-range transportation plan of the metropolitan |
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planning organization that serves the area of the authority. |
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Sec. 451.134. OPERATING EXPENSES AND CAPITAL EXPENDITURES. |
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(a) An authority may not spend for capital improvements money in |
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excess of the total amount allocated for major capital expenditures |
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in the annual budget. |
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(b) The board shall adopt rules requiring each major |
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department of the authority to report quarterly on operating |
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expenses and capital expenditures of the department. A report must |
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include status information on: |
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(1) any completions of capital improvement projects; |
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(2) work completed on capital improvement projects in |
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relation to money spent on those projects; and |
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(3) problems or concerns regarding contract |
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management for capital improvement projects. |
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(c) The board shall establish a system for tracking the |
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progress of the authority's capital improvement projects, |
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including: |
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(1) baseline budgets; |
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(2) contract awards; |
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(3) contract changes; and |
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(4) expenditures to date. |
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Sec. 451.135. OPERATING RESERVE ACCOUNT. (a) The board |
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shall establish, in an account separate from other funds, a reserve |
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account in an amount that is not less than an amount equal to |
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budgeted operating expenses for two months. |
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(b) Except as provided by Subsection (c), the board must |
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maintain in the reserve account a balance that is not less than the |
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amount in the account at the beginning of the fiscal year. |
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(c) The board may make an expenditure from the reserve |
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account that causes the balance in the account to be less than the |
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amount required under Subsection (b) only if the board considers |
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the expense necessary to address emergency circumstances that could |
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not have been planned for or anticipated. The board shall adopt |
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criteria for emergency expenditures under this subsection. |
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(d) If reserve funds are spent under Subsection (c), the |
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board shall, as soon as practicable, restore the balance of the |
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reserve account to at least the amount in the account at the |
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beginning of the fiscal year in which the emergency spending |
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occurred. |
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(e) The board shall maintain, update, and post on the |
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authority's Internet website accounting records of the reserve |
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account's: |
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(1) balance at the end of the fiscal year; |
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(2) deposits; |
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(3) expenditures; and |
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(4) interest income. |
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Sec. 451.136. GENERAL MANAGER PERFORMANCE EVALUATION. (a) |
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The board shall adopt a policy of regular evaluation of the general |
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manager's performance. In accordance with Section 551.074, |
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Government Code, the board may discuss an evaluation of the general |
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manager's performance in a closed meeting. |
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(b) The board shall adopt a policy regarding discussion of |
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general manager compensation at public meetings. The board must |
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vote on proposed changes in the general manager's compensation, |
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including raises and bonuses, in a public meeting. |
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Sec. 451.137. FIVE-YEAR STRATEGIC PLAN. (a) The board |
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shall adopt a strategic five-year plan that establishes the |
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authority's mission and goals and summarizes planned activities to |
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achieve the mission and goals. |
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(b) The plan must set policies and service priorities to |
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guide the authority in developing a budget and allocating |
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resources. |
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(c) The plan should, as appropriate, align with the |
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long-range transportation plan of the metropolitan planning |
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organization that serves the area of the authority. |
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(d) The board shall annually reevaluate and, if necessary, |
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amend the plan to ensure compliance with this section. |
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Sec. 451.138. RAIL DIRECTOR. (a) The board shall employ a |
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rail director to oversee and be accountable for all rail system |
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development, operations, maintenance, and safety. The rail |
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director shall: |
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(1) oversee all personnel and contractors responsible |
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for operating and maintaining commuter rail and freight rail |
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systems and equipment; |
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(2) oversee rail safety activities, including testing |
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to ensure a safe and effective signal system and operations and |
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control center; |
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(3) develop a plan that specifies a division of rail |
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system responsibilities between rail capital improvement project |
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activities and rail maintenance activities and that ensures the |
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safety of railroad bridges; |
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(4) ensure compliance with any applicable federal, |
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state, and local rail safety regulations or requirements; |
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(5) coordinate with the authority's engineering and |
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construction department or equivalent department to design and |
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construct any new rail projects; and |
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(6) report to the general manager and board on the rail |
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system's safety, performance, and financial status. |
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(b) The rail director may stop rail operations at any time |
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if the rail director believes the stop is necessary to protect |
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public safety. |
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Sec. 451.139. RAIL SAFETY PLAN AND REPORTS. (a) The board |
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shall adopt and implement a rail safety plan in accordance with |
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federal and industry standards for all authority rail activities, |
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including commuter and freight rail activities. |
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(b) The plan must address and emphasize ongoing maintenance |
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and safety of the authority's railroad bridges. |
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(c) To ensure that contractor services on the authority's |
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rail system meet safety obligations, the plan must include |
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specifics regarding monitoring of contractors for safety-related |
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performance, including regular: |
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(1) hazard analyses; |
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(2) risk assessments; and |
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(3) safety audits. |
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(d) The rail director shall report quarterly to the board on |
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the safety of the authority's rail system. The authority shall |
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report quarterly to the Texas Department of Transportation on the |
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safety of the authority's rail system and shall report on any aspect |
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of the safety of the rail system on request from that department. |
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Sec. 451.140. COMPETITIVE BIDS FOR AND PURCHASE OF TRANSIT |
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SERVICES. (a) Except as provided by Subsection (f), after |
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providing notice of a proposal, a board must submit to competitive |
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bids a contract for and must purchase transit services that: |
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(1) include: |
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(A) administration of motor bus or sedan transit |
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services; |
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(B) motor bus or sedan driving, maintenance, or |
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repair; |
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(C) transit services for persons who have |
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disabilities, including through a program established under |
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Section 451.254; or |
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(D) rail transit services; and |
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(2) are not provided wholly by an employee of the |
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authority who is directly paid by the authority and works under the |
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daily supervision of the authority's general manager. |
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(b) For the purposes of Subsection (a)(2), services are not |
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provided wholly by an employee of the authority if the person is an |
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employee of an entity incorporated as a state nonprofit by the board |
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of the authority and with which the authority contracts for transit |
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or employee services. |
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(c) Notice under Subsection (a) must be published in a |
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newspaper of general circulation in the area in which the authority |
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is located at least once each week for two consecutive weeks before |
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the date set for receiving the bids. The first notice must be |
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published at least 15 days before the date set for receiving bids. |
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(d) A contract let under this section must include: |
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(1) performance control measures; |
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(2) incentives for performance; |
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(3) penalties for noncompliance; and |
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(4) a contract termination date. |
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(e) The board shall adopt rules on: |
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(1) the taking of bids; |
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(2) the awarding of contracts; and |
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(3) the waiver of the competitive bidding requirement |
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if there is: |
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(A) an emergency; or |
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(B) only one source for the service or purchase. |
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(f) Subsection (a) does not apply to a contract or purchase: |
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(1) in an amount of $25,000 or less; |
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(2) for personal or professional services; or |
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(3) for the acquisition of an existing transit system. |
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Sec. 451.141. PUBLIC INVOLVEMENT POLICY. (a) The board |
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shall adopt a policy of involving the public in board decisions |
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regarding authority policies. The policy must: |
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(1) ensure that the public has an opportunity to |
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comment on board matters before a vote on the matters; |
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(2) ensure that any consent agenda or expedition of |
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consideration of board matters at board meetings is used only for |
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routine, noncontroversial matters; |
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(3) establish a time frame and mechanism for the board |
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to obtain public input throughout the year, including input on: |
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(A) strategic planning; |
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(B) budgeting; |
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(C) capital improvement project planning; |
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(D) transit initiatives; and |
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(E) service changes; and |
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(4) plan for dissemination of information on how the |
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public can be involved in board matters. |
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(b) The board shall post the policy adopted under this |
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section on the authority's Internet website. |
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SECTION 2. Sections 451.132 and 451.134(a), Transportation |
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Code, as added by this Act, apply only to a budget adopted on or |
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after September 1, 2012. |
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SECTION 3. Not later than September 1, 2014, a metropolitan |
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rapid transit authority required to establish a reserve account |
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under Section 451.135, Transportation Code, as added by this Act, |
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shall establish the account. |
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SECTION 4. Not later than September 30, 2012, a |
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metropolitan rapid transit authority required by Sections 451.133, |
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451.134(c), 451.136, 451.137, 451.139, and 451.141, Transportation |
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Code, as added by this Act, to establish a five-year capital |
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improvement plan, a capital improvement projects tracking system, |
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general manager policies, a five-year strategic plan, a rail safety |
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plan, and a public involvement policy, respectively, shall develop |
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the plans, policies, and system. |
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SECTION 5. Not later than September 1, 2012, individuals |
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providing for a metropolitan rapid transit authority transit |
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services described by Section 451.140, Transportation Code, as |
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added by this Act, must be providing those services as employees of |
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the authority or under a contract or agreement that complies with |
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the competitive bidding and purchase requirements of that section. |
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SECTION 6. Not later than September 30, 2012, a |
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metropolitan rapid transit authority required to hire a rail |
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director under Section 451.138, Transportation Code, as added by |
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this Act, shall hire that director. |
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SECTION 7. Not later than September 30, 2012, a |
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metropolitan rapid transit authority required to adopt rules under |
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Section 451.134(b), Transportation Code, as added by this Act, |
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shall adopt those rules. |
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SECTION 8. This Act takes effect September 1, 2011. |