85R3678 JTS-F     By: Burton S.B. No. 385       A BILL TO BE ENTITLED   AN ACT   relating to voter approval of local acceptance and use of federal   funds for passenger rail projects.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subtitle B, Title 5,   Transportation Code, is amended to read as follows:   SUBTITLE B. STATE AND LOCAL RAIL FACILITIES          SECTION 2.  Subtitle B, Title 5, Transportation Code, is   amended by adding Chapter 92 to read as follows:   CHAPTER 92. LOCAL RAIL FACILITIES          Sec. 92.001.  VOTER APPROVAL FOR ACCEPTANCE AND USE OF   FEDERAL FUNDS FOR PASSENGER RAIL PROJECTS. (a)  A political   subdivision may not accept, including through the department, or   use federal funds for the construction, maintenance, or operation   of a commuter rail or other passenger rail project, including for   the repayment of debt issued for a project, unless:                (1)  the governing body of each municipality in which a   station or track segment of the project is located or proposed to be   located holds an election called for the purpose of authorizing the   acceptance or use of the funds; and                (2)  a majority of the votes cast at each election favor   the adoption of the proposition.          (b)  A political subdivision authorized to use federal funds   for a project under Subsection (a) that has not begun to construct   the project before the fifth anniversary of the date of the election   may not use the funds unless:                (1)  the governing body of each municipality in which a   station or track segment of the project is located or proposed to be   located holds an election called for the purpose of authorizing the   use of the funds; and                (2)  a majority of the votes cast at each election favor   the adoption of the proposition.          (c)  A political subdivision, a metropolitan planning   organization, or the department may not include in a transportation   plan adopted by the entity a commuter rail or other passenger rail   project that may be financed wholly or partly with federal funds   unless acceptance or use of federal funds has been approved as   required by this section.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.