Bill Text: TX SB948 | 2013-2014 | 83rd Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to management of a coordinated county transportation authority.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB948 Detail]
Download: Texas-2013-SB948-Engrossed.html
Bill Title: Relating to management of a coordinated county transportation authority.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB948 Detail]
Download: Texas-2013-SB948-Engrossed.html
By: Nelson | S.B. No. 948 |
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relating to management of a coordinated county transportation | ||
authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subdivision (3), Section 431.003, | ||
Transportation Code, is amended to read as follows: | ||
(3) "Local government" means: | ||
(A) a municipality; | ||
(B) a county; or | ||
(C) for purposes of Subchapter D: | ||
(i) [ |
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district, or hospital authority; | ||
(ii) [ |
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authority governed by Chapter 452; or | ||
(iii) a coordinated county transportation | ||
authority governed by Chapter 460 [ |
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SECTION 2. Subsection (b), Section 460.054, Transportation | ||
Code, is amended to read as follows: | ||
(b) The interim executive committee is composed of: | ||
(1) one member appointed by the governing body of each | ||
municipality with a population of 12,000 or more that is located in | ||
the county; | ||
(2) three members appointed by the commissioners | ||
court, two of whom must reside in the unincorporated area of the | ||
county; [ |
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(3) three members to be designated by the remaining | ||
municipalities with a population of more than 500 but less than | ||
12,000 located in the county; and | ||
(4) one member appointed by the governing body of each | ||
municipality in the county with a population of more than 500 but | ||
less than 12,000 that: | ||
(A) designates a public transportation financing | ||
area under Section 460.603; and | ||
(B) enters into an agreement with the authority | ||
to provide public transportation services in the public | ||
transportation financing area under Subchapter I. | ||
SECTION 3. Section 460.105, Transportation Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) A private operator who contracts with an authority under | ||
this chapter is not a public entity for purposes of any law of this | ||
state except that an independent contractor of the authority that | ||
performs a function of the authority is liable for damages only to | ||
the extent that the authority would be liable if the authority or | ||
entity itself were performing the function. | ||
SECTION 4. Subsection (a), Section 460.1092, | ||
Transportation Code, is amended to read as follows: | ||
(a) An authority may employ or contract for persons to serve | ||
as fare enforcement officers to enforce the payment of fares for use | ||
of the public transportation system by: | ||
(1) requesting and inspecting evidence showing | ||
payment of the appropriate fare from a person using the public | ||
transportation system; and | ||
(2) issuing a citation to a person described by | ||
Section 460.1091(d). | ||
SECTION 5. Subsection (a), Section 460.2015, | ||
Transportation Code, is amended to read as follows: | ||
(a) The board of directors of an authority confirmed under | ||
Subchapter B may increase the population amount stated by Section | ||
460.054(b)(1) in increments of up to 5,000. If the board increases | ||
that population amount, the board shall also increase each | ||
population amount stated by Sections 460.054(b)(3), (b)(4), and (c) | ||
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SECTION 6. Subsection (c), Section 460.406, Transportation | ||
Code, is amended to read as follows: | ||
(c) The board of directors may authorize the negotiation of | ||
a contract without competitive sealed bids or proposals if: | ||
(1) the aggregate amount involved in the contract is | ||
$50,000 or less; | ||
(2) the contract is for construction for which not | ||
more than one bid or proposal is received; | ||
(3) the contract is for services or property for which | ||
there is only one source or for which it is otherwise impracticable | ||
to obtain competition; | ||
(4) the contract is to respond to an emergency for | ||
which the public exigency does not permit the delay incident to the | ||
competitive process; | ||
(5) the contract is for personal or professional | ||
services or services for which competitive bidding is precluded by | ||
law; | ||
(6) the contract, without regard to form and which may | ||
include bonds, notes, loan agreements, or other obligations, is for | ||
the purpose of borrowing money or is a part of a transaction | ||
relating to the borrowing of money, including: | ||
(A) a credit support agreement, such as a line or | ||
letter of credit or other debt guaranty; | ||
(B) a bond, note, debt sale or purchase, trustee, | ||
paying agent, remarketing agent, indexing agent, or similar | ||
agreement; | ||
(C) an agreement with a securities dealer, | ||
broker, or underwriter; and | ||
(D) any other contract or agreement considered by | ||
the board of directors to be appropriate or necessary in support of | ||
the authority's financing activities; | ||
(7) the contract is for work that is performed and paid | ||
for by the day as the work progresses; | ||
(8) the contract is for the lease or purchase of an | ||
interest in land [ |
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(9) the contract is for the purchase of personal | ||
property sold: | ||
(A) at an auction by a state licensed auctioneer; | ||
(B) at a going out of business sale held in | ||
compliance with Subchapter F, Chapter 17, Business & Commerce Code; | ||
or | ||
(C) by a political subdivision of this state, a | ||
state agency, or an entity of the federal government; | ||
(10) the contract is for services performed by blind | ||
or severely disabled persons; | ||
(11) the contract is for the purchase of electricity; | ||
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(12) the contract is one for an authority project and | ||
awarded for alternate project delivery using the procedures under | ||
Subchapters E, F, [ |
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added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, | ||
Regular Session, 2011; or | ||
(13) the contract is for fare enforcement officer | ||
services under Section 460.1092. | ||
SECTION 7. Subsection (c), Section 460.105, Transportation | ||
Code, as added by this Act, applies only to a cause of action that | ||
accrues on or after the effective date of this Act. A cause of | ||
action that accrues before the effective date of this Act is | ||
governed by the law in effect immediately before that date, and that | ||
law is continued in effect for that purpose. | ||
SECTION 8. This Act takes effect September 1, 2013. |