CHAPTER 458. RURAL AND URBAN TRANSIT DISTRICTS

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TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE K. MASS TRANSPORTATION

CHAPTER 458. RURAL AND URBAN TRANSIT DISTRICTS

Sec. 458.001. DEFINITIONS. In this chapter:

(1) "Public transportation" means mass transportation of

passengers and their hand-carried packages or baggage on a

regular and continuing basis by means of surface, fixed guideway,

or underground transportation or transit, other than aircraft,

taxicab, ambulance, or emergency vehicle.

(2) "Rural public transportation provider" means:

(A) a nonprofit entity, local governmental body created under

Chapter 791, Government Code, or political subdivision of this

state, which on August 31, 1995, provided rural public

transportation services and received state or federal public

transportation money through the department, the Federal Transit

Administration, or the administration's successor; or

(B) a nonprofit entity, local governmental body created under

Chapter 791, Government Code, or political subdivision of this

state, which after September 1, 1995, provides rural public

transportation services and receives state or federal public

transportation money through the department, the Federal Transit

Administration, or the administration's successor.

(3) "Rural transit district" means a political subdivision of

this state that provides and coordinates rural public

transportation in its territory. The term includes a rural public

transportation provider within the meaning of Chapter 456 that on

August 31, 1995, received public transportation money through the

department.

(4) "Urban transit district" means a local governmental body or

political subdivision of this state that operates a public

transportation system in an urbanized area with a population of

more than 50,000 but less than 200,000. The term includes a small

urban transportation provider under Chapter 456 that on September

1, 1994, received public transportation money through the

department.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.002. CONTRACTS WITH DEPARTMENT FOR PROVISION OF RURAL

PUBLIC TRANSPORTATION SERVICES. A public transportation provider

may contract with the department to provide rural public

transportation services only if the provider becomes a rural

transit district in compliance with this chapter.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.003. RURAL PUBLIC TRANSPORTATION CONFERENCE. (a) The

commissioners court of a county in which no provider on August

31, 1995, was receiving public transportation funds through the

department must convene a rural public transportation conference

before creating a rural transit district.

(b) If the commissioners courts of two or more adjacent counties

that are not served by a rural transit district determine that

the need for public transportation services extends across the

boundaries of the counties, those courts may convene a

multicounty rural public transportation conference.

and to the governing body of each municipality in each county

before the 30th day before the conference is convened.

(d) A conference must evaluate whether a rural transit district

to provide public transportation services in the area should be

created. The conference must consider whether existing rural

transit districts have the capacity to provide public

transportation service in that area.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.004. ATTENDANCE AT CONFERENCE. (a) An elected

representative selected by the governing body of each

municipality in each affected county and the commissioners court

of each affected county shall attend a rural public

transportation conference.

(b) Representatives attending the conference shall elect a

presiding officer from the representatives.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.005. PUBLIC HEARING ON CREATION OF RURAL TRANSPORTATION

DISTRICT; NOTICE. (a) If a conference finds it advisable to

create a new rural transit district, the conference shall set a

public hearing on the creation of the district.

(b) Before the public hearing is convened, the conference shall:

(1) identify each county that will be included in the territory

of the proposed rural transit district; and

(2) advise each component county and municipality in the

proposed territory.

for two consecutive weeks in at least one newspaper of general

circulation in the territory of the proposed district. The notice

must include:

(1) the time and place of the hearing; and

(2) a description of and a map showing the boundaries of the

proposed district.

(d) At the hearing, any interested person may appear and be

heard on any matter relating to the effect of the formation of

the proposed rural transit district.

(e) After the hearing is concluded, the conference may by

resolution create and establish the boundaries of a rural transit

district if the conference determines that:

(1) the creation of the rural transit district will serve the

general public and be conducive to the welfare and benefit of

persons and property in the district; and

(2) the general public cannot be better served by an existing

rural transit district.

(f) A nonurbanized area of a county may not be excluded from the

district.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.006. GOVERNING BODY OF RURAL TRANSIT DISTRICT. (a)

Not later than the 60th day after the date the boundaries of a

rural transit district are established, the commissioners court

of each county and one elected representative from the governing

body of each municipality in the territory of the district shall

provide for the selection of the governing body of the district.

(b) The governing body of the district consists of elected

officers who are selected by and serve at the pleasure of the

governing bodies of the component municipalities in the district

and the commissioners court of each county in the district.

single-county rural transit district may not exceed nine. The

number of members of the governing body of a multicounty district

may not exceed 15, except that each member county is entitled to

at least one representative on the governing body.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.007. UNSERVED RURAL AREAS MAY JOIN RURAL TRANSIT

DISTRICT. An unserved rural area may join an existing rural

transit district on the adoption of a resolution by the

commissioners court of the county to that effect.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.008. MERGER OF RURAL TRANSIT DISTRICTS. (a) Two or

more rural transit districts may merge into a new rural transit

district. The territory of the new district must include all the

territory of each merged district.

(b) The merger is made when the governing board of each district

by resolution adopts an interlocal agreement that specifies:

(1) the boundaries of each district to be merged and of the new

district;

(2) the terms of the merger; and

(3) a schedule for execution of the merger.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.009. URBAN TRANSIT DISTRICTS. (a) A public

transportation provider that on September 1, 1994, was not

receiving public transportation money through the department may

contract with the department to provide small urban public

transportation services and receive state or federal public

transportation money through the department, the Federal Transit

Administration, or the administration's successor only if the

provider becomes an urban transit district as provided by this

section.

(b) The public transportation provider must be:

(1) a local governmental body created under Chapter 791,

Government Code; or

(2) a political subdivision of this state.

a small urban transit district to serve the general public.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.010. GENERAL POWERS OF RURAL TRANSIT DISTRICTS. (a)

In addition to a power expressly granted by this chapter, a rural

transit district has any power necessary to carry out a purpose

of the district.

(b) A rural transit district may contract with the United

States, a state or state agency, another rural transit district,

an urban transit district, a metropolitan or regional transit

authority, a county, a municipality, a metropolitan municipal

corporation, a special district, a governmental agency in or

outside this state, or any private person, firm, or corporation:

(1) to receive a gift or grant or secure a loan or advance for a

preliminary planning and feasibility study; or

(2) for the design, construction, or operation of a

transportation facility, including an intermodal transportation

facility.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.011. ADDITIONAL POWERS OF RURAL OR URBAN TRANSIT

DISTRICT. A rural or urban transit district may contract with

any governmental agency or private person, firm, or corporation

for:

(1) the use by either party to the contract of all or any part

of a facility, structure, interest in land, air right over land,

or right-of-way that is owned, leased, or held by the other

party; or

(2) the purpose of planning, constructing, or operating a

facility or performing a service that the rural transit district

is authorized to operate or perform.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

Sec. 458.012. OPERATION OF LOCAL PUBLIC PASSENGER TRANSPORTATION

IN RURAL TRANSIT DISTRICT PROHIBITED. (a) From the effective

date a rural transit district begins providing a public

transportation service, another person or private corporation may

not operate a local public passenger transportation service in

the rural transit district, except as provided by Subsection (b).

(b) Subsection (a) does not apply to:

(1) the operation of:

(A) a taxicab; or

(B) a bus owned or operated by a corporation or organization

exclusively for a purpose of the corporation or organization and

for the use of which a fee or fare is not charged;

(2) an intercity passenger rail service;

(3) an intercity bus carrier; or

(4) a rural public transportation provider operating under an

agreement entered into under this chapter that provides local

public passenger transportation service.

Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.36(a), eff. Sept.

1, 1997.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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