CHAPTER 461. STATEWIDE COORDINATION OF PUBLIC TRANSPORTATION
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE K. MASS TRANSPORTATION
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.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept.
1, 2003.
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.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept.
1, 2003.
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.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept.
1, 2003.
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.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept.
1, 2003.
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.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept.
1, 2003.
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.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 13.01, eff. Sept.
1, 2003.