83R3849 VOO-F
	By: Parker	H.B. No. 2339

	A BILL TO BE ENTITLED
	AN ACT
	relating to management of a coordinated county transportation
	authority.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 431.003(3), 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)  [,] a navigation district, hospital
	district, or hospital authority;
	(ii)  [, or] a regional transportation
	authority governed by Chapter 452; or
	(iii)  a coordinated county transportation
	authority governed by Chapter 460 [as described by Section
	452.001].
	SECTION 2.  Section 460.054(b), 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; [and]
	(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.  Section 460.1092(a), 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.  Section 460.2015(a), 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)
	[460.054(c)] by the same amount.
	SECTION 6.  Section 460.406(c), 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 [or a right-of-way];
	(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;
	[or]
	(12)  the contract is one for an authority project and
	awarded for alternate project delivery using the procedures under
	Subchapters E, F, [and] G, and I, Chapter 2267, Government Code, as
	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.  Section 460.105(c), 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.