2005 Texas Transportation Code CHAPTER 461. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION

TRANSPORTATION CODE

CHAPTER 461. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION


	§ 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.      

Added by Acts 2003, 78th Leg., ch. 1325, § 13.01, eff. Sept. 1, 
2003.    


	§ 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.

Added by Acts 2003, 78th Leg., ch. 1325, § 13.01, eff. Sept. 1, 
2003.    


	§ 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.

Added by Acts 2003, 78th Leg., ch. 1325, § 13.01, eff. Sept. 1, 
2003.    


	§ 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.

Added by Acts 2003, 78th Leg., ch. 1325, § 13.01, eff. Sept. 1, 
2003.    


	§ 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.

Added by Acts 2003, 78th Leg., ch. 1325, § 13.01, eff. Sept. 1, 
2003.    


	§ 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.

Added by Acts 2003, 78th Leg., ch. 1325, § 13.01, eff. Sept. 1, 
2003.    


	§ 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.

Added by Acts 2003, 78th Leg., ch. 1325, § 13.01, eff. Sept. 1, 
2003.