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.